from the places of the enemy aforementioned, to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of the same Prince or under several; and it is hereby stipulated that free ships shall also give freedom to goods, and that everything shall be deemed free and exempt which shall be found on board the ships belonging to the subjects of either of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either; contraband goods being always excepted. It is also agreed that the same liberty be extended to persons who are on board a free ship, so that, although they be enemies to either party, they shall not be made prisoners or taken out of that free ship, unless they are soldiers and in actual service of the enemies."

ARTICLE XVI.-Contraband enumerated. Similar to Article XXVII. of the Plan of Treaties, and Article XXIV. of the treaty of commerce with France in 1778.

ARTICLES XVII. and XVIII.-Provide for the carrying of passports and certificates by merchant vessels, and for the right of search. See Plan of Treaties, XXVIII. to XXX.

ARTICLE XIX.-Consuls may be appointed, with the privileges and powers of those of the most favored nation.

ARTICLE XX.-The inhabitants of either State shall have free access to the courts of justice of the other.

ARTICLE XXI.-(Claims for illegal capture of American vessels by Spanish subjects.)-These claims are to be referred to two commissioners for adjudication.

ARTICLE XXII.-(Deposit of goods at New Orleans.)-" In consequence of the stipulations contained in the IV. article, His Catholic Majesty will permit the citizens of the United States, for the space of three years from this time, to deposit their merchandise and effects in the port of New-Orleans, and to export them from thence without paying any other duty than a fair price for the hire of the stores; and His Majesty promises either to continue this permission, if he finds during that time that it is not prejudicial to the interests of Spain, or if he should not agree to continue it there, he will assign to them on another part of the banks of the Mississippi an equivalent establishment."

ARTICLE XXIII.—(Ratifications.)—" Done at San Lorenzo el

Real, this seven and twenty day of October, one thousand seven hundred and ninety-five.1

THOMAS PINCKNEY.

EL PRINCIPE DE LA PAZ.

'During the American revolutionary war Spain refused to recognize the independence of the United States, but she declared war against England, in 1779, and occupied West Florida, which she retained by the treaty of 1783. After the peace, Spain closed the lower Mississippi to the naviga. tion of the citizens of the United States, and occupied territory on that river to the north of the 31st degree of north latitude, and fortified Natchez. England, it was asserted, had ceded territory and rights to the United States which she had no authority to cede. The United States, on the other hand, insisted on the 31st degree of north latitude as their southern boundary; and in respect of the navigation of the Mississippi, they claimed it by right under the treaties of 1763 and 1783, as well as by the law of nature and of nations. By the treaty of 1795, Spain yielded both points-boundary and the navigation of the Mississippi.

In November, 1802, the right of deposit under the 22d article, was withdrawn ; but the purchase of Louisiana by the United States soon after, removed the possible controversy that might have grown out of it.

Spain was, however, extremely dissatisfied with the cession of Louislana to the United States, and threw many obstacles in the way of their peaceable possession of it. Moreover the United States claimed West Florida as being included in the Louisiana cession, while Spain insisted on the boundary of the Iberville, and lakes Maurepas and Pontchartrain. This difference resulted in the breaking off of diplomatic relations, in 1808, which were not resumed till 1815. In the meantime the United States took forcible possession of West Florida in 1810, and annexed the larger part to the territories of Orleans and Mississippi.

On the side of Mexico there was also a boundary dispute, the United States insisting on the Rio Grande as the boundary, while the Spanish claim extended to the Mermentan. The Sabine had been considered as a provisional boundary; but Spanish troops had crossed that river, and General Wilkinson was ordered to drive them back.

The treaty of 1819 settled all these controversies with Spain.

SPAIN, 1819.

TREATY OF AMITY, SETTLEMENT, AND LIMITS.

Concluded February 22, 1819. Ratifications exchanged at Washington February 22, 1821. Proclaimed February 22, 1821.

ARTICLE I. Declaration of amity.

ARTICLE II. (Cession of the Floridas to the United States.)— "His Catholic Majesty cedes to the United States, in full property and sovereignty, all the territories which belonged to him, situated to the eastward of the Mississippi, known by the name of East and West Florida. The adjacent islands dependent on said provinces, all public lots and squares, vacant lands, public edifices, fortifications, barracks, and other buildings, which are not private property, archives and documents, which relate directly to the property and sovereignty of said provinces, are included in this article. The said archives and documents shall be left in possession of the commissaries or officers of the United States, duly authorized to receive them."

ARTICLE III.—(Boundary west of the Mississippi.)—“The boundary line between the two countries, west of the Mississippi, shall begin on the Gulph of Mexico, at the mouth of the river Sabine, in the sea, continuing north, along the western bank of that river, to the 32d degree of latitude; thence, by a line due north, to the degree of latitude where it strikes the Rio Roxo of Natchitoches, or Red River; thence following the course to the Rio Roxo westward, to the degree of longitude 100 west from London and 23 from Washington; then, crossing the said Red River, and running thence, by a line due north, to the river Arkansas, thence, following the course of the southern bank of the Arkansas, to its source, in latitude 42 north; and thence, by that parallel of latitude, to the South Sea. The whole being as laid down in Melish's map of the United States, published at Philadelphia, improved to the first of January, 1818. But if the source of the Arkansas River shall be found to fall north or south of latitude 42, then the line shall run from the said source due north or south, as the case may be, till it meets the said parallel of latitude 42, and thence, along the said

parallel, to the South Sea: All the islands in the Sabine, and the said Red and Arkansas Rivers, throughout the course thus described, to belong to the United States; but the use of the waters, and the navigation of the Sabine to the sea, and of the said rivers Roxo and Arkansas, throughout the extent of the said boundary, on their respective banks, shall be common to the respective inhabitants of both nations.

"The two high contracting parties agree to cede and renounce all their rights, claims, and pretensions, to the territories described by the said line, that is to say: The United States hereby cede to His Catholic Majesty, and renounce forever, all their rights, claims, and pretensions, to the territories lying west and south of the above-described line; and in like manner, His Catholic Majesty cedes to the said United States all his rights, claims, and pretensions to any territories east and north of the said line, and for himself, his heirs, and successors, renounces all claim to the said territories forever."

ARTICLE IV. Two commissioners shall be appointed to survey and fix the boundary designated in Article III.

ARTICLE V.-Stipulates for the religious freedom of the inhabitants of the ceded territories, and for the free removal of persons and property from the same.

ARTICLE VI.-(Inhabitants of the ceded territories.)—" The inhabitants of the territories which His Catholic Majesty cedes to the United States, by this treaty, shall be incorporated in the Union of the United States, as soon as may be consistent with the principles of the Federal Constitution, and admitted to the enjoyment of all the privileges, rights, and immunities of the citizens of the United States."

ARTICLE VII.-Spanish troops to be withdrawn.

ARTICLE VIII.—(Grants of land before and after January 24, 1818.) "All the grants of land made before the 24th of January, 1818, by His Catholic Majesty, or by his lawful authorities, in the said territories ceded by His Majesty to the United States, shall be ratified and confirmed to the persons in possession of the lands, to the same extent that the same grants would be valid if the territories had remained under the dominion of His Catholic Majesty. But the owners in possession of such lands, who, by reason of the recent circumstances of the Spanish nation, and the revolutions in Europe, have been prevented

from fulfilling all the conditions of their grants, shall complete them within the terms limited in the same, respectively, from the date of this treaty; in default of which the said grants shall be null and void. All grants made since the said 24th of January, 1818, when the first proposal, on the part of His Catholic Majesty, for the cession of the Floridas was made, are hereby declared and agreed to be null and void."

ARTICLE IX.-Reciprocal renunciation of claims.

The United States will cause satisfaction to be made for injuries to individuals, if any, by the late operations of the American army in Florida.

ARTICLE X.-(Convention of 1802 annulled.) "The convention entered into between the two Governments, on the 11th of August, 1802, the ratifications of which were exchanged the 21st December, 1818, is annulled."

ARTICLE XI. (The United States to satisfy the claims of their citizens.)-"The United States, exonerating Spain from all demands in future, on account of the claims of their citizens to which the renunciations herein contained extend, and considering them entirely cancelled, undertake to make satisfaction for the same, to an amount not exceeding five millions of dollars. To ascertain the full amount and validity of those claims, a commission, to consist of three Commissioners, citizens of the United States, shall be appointed by the President, by and with the advice and consent of the Senate."

ARTICLE XII.-(Treaty of 1795 confirmed, with exceptions.) "The treaty of limits and navigation, of 1795, remains confirmed in all and each one of its articles, excepting the 2, 3, 4, 21, and the second clause of the 22 article, which, having been altered by this treaty, or having received their entire execution, are no longer valid.

"With respect to the 15th article of the same treaty of friendship, limits, and navigation of 1795, in which it is stipulated that the flag shall cover the property, the two high contracting parties agree that this shall be so understood with respect to those Powers who recognize this principle; but if either of the two contracting parties shall be at war with a third party, and the other neutral, the flag of the neutral shall cover the property of enemies whose Government acknowledges this principle and not of others."