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KE W& CIURLTOX.
By the President of the
Cn\M States.
\ PROCLAMATION.
wi l(Ml a Treaty of Amity, S«-»-
r:r:-siw
tOB.WSAI.I
'I'UIiATY
(\f Settlement, ami Luaitr
' b 'wi.: u« ' Ame -
America .mi
his Catholic Majesty, desiring to con
solidale a permanent basis, tlie friend
tliij) ao'l good correspondence whirl)
tiapp ly prevails between the two par
ties, have determined to settle and
tei min .te all their differences ami
pretensions by a treaty., which shall
designate, with precision, the limits
ot their respective bordering tenito
lips in North America. - '
With (his intention, the Presided
of the United States has furnish?'!
'vitli their full powers John Quincy
Adams, Secretary ot State ot th?
United States ; and his Catholic Ma
jesty has appointed t.ie Most Exct 1-
Icnt Lord Don Lus de Unis, Conso
le/., Lopez, y Vara, Lord of the Town
of ll.vacea, Perpetual Regidcr of the
Corporation ot the City ol Salamanca,
Knight Grand Cross of of the Royal
American Order of Isabella the Cath
olic, decorated with the. Lysol La
Vendee, Knight Pensioner of the
Royal and distinguished amah Or
det Charles the fluid, Memhe of the
.Supreme assembly of the said Royal
Ovlor ;of the Council of his Catholic
Majesty ; h s Secretary with exer
cise of Decrees, and his Envoy Ex
tra m dinar v and Minister Plenipoten
tiary near the United States of Arne
rica.
Am! the said plenipotentiaries, af
ter having exchanged their powers,
have agreed upon and concluded the
following articles:
Article 1.
* There shall be a linn and inviola
ble peace and sincere friendship be
tween the United States and their
«:it x.mis, and his Catholic'Majesty,
his successors and subjects, without
exception of persons or places.
Article 2.
His Catholic Majesty, cedes to the
United St ates, in full property and
sovereignty, all the territories which
belong to him, situated to the east
ward of the Mississippi, known ht
the name of East and West Florida.
The adjacent islands dope dant on
said nrovinces, all public lots ami
mp. ,r -4,vacant lands, public edifices,
fortifications, barracks, and other
buddings, which are not private pro
perty, archives and documents, which
relate directly to the property and
sovereignty of said provinces, arc
included in this article. The said
archives atul documents shall he lull
in possession of the commissa ics or
.officers ol the United States, duly au
thorized to receive them.
Article 3.
The boundary line bettvecn the
two countries, west of the Missis
sippi, shall negin on ths Gulf of Mex
ico. a; the mouth of the river Sabine
in the sea, continuing north, along
the western bank of that river to the
82d degree of latitude; thence, bv a
line due north, to the. degree of lati
tude where it strikes the Rio Uoxoof
Nuchi todies, or Red River; then lol
lowing the course of (he Rio Roxo
westward, to the degree of longitude
100 west from London, and 23 from
M ashington ; then crossing he said
lied River, and running thence by a
En ic due north, to the i ivc Arkansas: J
thence, lolloping (he course of tie
soutuorn hank ol the Arkansas to its
source, in latitude d 2 north; and.
thencQ, by that parallel of latitude,
to the South Sea. The whole eing
ns laid down in Mcllish’s Map of the
United -States, published ai I’hiia
delphia, improved to the firm ufjm
ua’ V, 181 S. But if the source ol in
-vtk«u,sj. 3 mcc shall bo found to Call
RSI nr aoath of latitude 43, then!
the line gliftU run from tiie said source
due south or north as the case may .
ho. dll it meet* the said parallel of
latitude 42; and, thence, along the
said parallel to the South »eaj1 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 ot
the waters and the navigation ot the
Sabine !o the sea, and of the said ri
vers Roxoahd Arkansas, throughout
the extent of the raid boundary, on
their respective banks, shall be com
mon to the respective inhabitants ot
both nations. The two high con
tracting parties agree to cede am
renounce 1 their rights, claims, and 1
pretensions to the territories describ
ed bv the said line—that is to say,
the United States hereby cede to his
Catholic Majesty, and renounce for
ever, all their rights, claims, and pre
tensions, to the territories lying west
and south of the above described line;
and in like manner,his Catholic Ma
jesty cedes to the .'-aid United States,
all his r ights, claims, and pretensions
toanv territories east and north ol
the said line; *«ml, for himself, his
heirs, and successors, renounces all
‘ claim to the said territories forever.
Article 4.
To fix this line with more preci
sion, and to place the laud inaiks
* which shall designate exactly the
limits of both nations each of the
contracting parties shall appoint a
’ Commissioner and a Surveyor, who
8 shall meet before the termination ol
one year from the date of the tatili
cation of this treaty, at Nachitoches.
on the Red River, and proceed to
. run and mark the said line Irom the
mouth of the Sabine; and to ascer
i i m the 1 itilude of the source ot the
. J 1..M AiaansiUjin conformity to
what is above agreed upon and stip
ulated, and the lin- of latitude 42, to
1 lie .South Sea: they shall make out
1 plans, and keep journals ot their pro
. readings; and toe result agreed up
; on by them, shall be considered as
J pint of this treaty, and shall have
' the same force as if it were inserted
therein. The two governments will
amicably agree respecting the neces
-ary articles to be furnished to those,,
persons, ami, also, as to their rcipcc-'
five escorts, should such be deemed
necessary.
Article 5.
The inhabitants of the ceded ter
ritories shall he secured in the free
exercise of their religion,, without any
restriction,and all those who may de
sire to remove to the Spanish domiu
ions shall lie permitted to sell or ex
port their effects at any time whate
ver, without being subject, in either
case, to duties.
Article C.
The inhabitant of the territories
which his Catholic Majesty cciles to
the United States by this tieaty,
shall he incorporated in the union of
the United States, as soon as may he
consistent with the principles of the
federal constitution, and admitted to
the enjoyment of all the privileges,
rights and immunity's,of the citizens
of the United States.
Article 7.
The officers and troops of his Ca
tholic Majesty in the territories here
by reded by him to the United States,
shall he withdrawn, and possession
of th j places occupied by them shall
he given within six months al’te the
exchange of the ratification of this
treaty, or sooner if possible, by the
officers of his Catholic. Majesty, to
the Commissioners or officers of the
United .States, duly appointed to re
ceive them ; and the United States
shall furnish the transports and es
cort necessary to convey the Spanish
officer* and troops, and their baggage
lu lac liavanna.
Article 0.
■\il the grants of lands made before
the 24th of January, 1818, by his
Catholic. Majesty, oj- by his lawful
authorities in the said territories,
ceded by his Majesty to the United
States, shall he ratified and confirm
ed to the persons in possession of the
lands, to the same extent that the
same grants would he valid, if the
territories had remained under the
dominion 0 his Catholic Majesty ;
but the owners in possession of such
lands, who, by reason of (he recent
circumstances «*' the Spanish nation,
and the revolutions in Europe, have
been prevented from fulfilling all the
conditions ot their grants, shall com
plete them within the terms limited
in the same respectively, from the
date of (his treaty; in default of
which the said grants shall be-null
and void. All grants made since the
24th ot January, 1818, when the first
proposal on the part of his Catholic
Majesty for the cession of the Flori
ns, was made, are hereby declared
and agreed to be null and void.
Article 9.
I he two high contracting parties,
animated with the most earnest de-
t i|re '' conciliation, and with the ob
os putting an end to all the dif
ferences which have existed be
"eenthem, and of confirming the
sood understanding which they
' vlsh to be forever maintained be- i
■ween diem, reciprocally renounce
** claims for damages or injuries
which they themselves, as ' 1
their respective citizens a * s^,
jects, may have suffered, unti ♦
time of signing this treaty
Th. renunciation . the United
States will extend to ad the injui tes
mentioned in the convention 0 *®
11th of August, 1802.
2 To all claims on account of prizes
made by French privateers, an
condemned by French consuls,
within the territory and jurisdic
tion of Spain. . .
3. To all claims of indemnities on
account of the suspension ol the
right’ of deposite at New Orleans,
in!Bo2. . . _
4. To aii claims of citizens of tie
United States upon the govern
ment of Spain, ai ming from the
unlawful seizures at sea, and in
the ports and territories ot Spain,
or the Spanish colonies.
5. To all claims of citizens of the
United States upon the Spanish
government, statements ol which,
soliciting the interposition of the
. goveriiiuent of the United States,
have bten presented to the De
partment of State, or to the min
ister'd! the United States in Spam,
since the date of the convention,
of 1802. and until the signature
oftiiis tieaty.
The renunciation/ of ins Catholic
s Majesty extends.; .
; j. To all the injuries mentioned in
1 the convention ot the iltli ot Au
-1 gnst, 1802. _ .
) 2. To the suns which Ids Catholic
f Majesty advanced to the return ol
captain Pike from Frovincias In
fernas.
> 3, To all injuries caused by the ex
1 pedition of Miranda, that was fit
ted out and equipped at New
-1 4. To all claims of Spanish subjects
upon the government of the United
1 States, arisingfrom unlawful seiz
ures at sea, or fithin the ports and
tenitoml jurisdiction of the Uni
, ted States.
Finally, toad tin claims nf subjects
of Ins.- Catholic Majesty upon the
government of the United States,
in which the iiterposition ol Ins
Catholic Majesty’s government
... has been solicited before the date
of this treaty, and since the date
of the conventioi of 1802, or which
may have been mide to the depart
ment of foreign dfairsof his Ma
jesty, or folds minister in the U
nited States,
And the high contracting parties
respectivly renounce all claim to in
demnitics for any of the recent events
or t ansactions of their respective
coinrtvands and officers in the Flor
id as.
The United States will cause sat
isfaction to be made for the inju
ries. if any, which, l>y process of
law, shall be established to have
been suffered by the Spanish officers,
and individual Spanish inhabitants,
by the late operations of the Ameri
can army in Florida.
Article 10.
The convention entered into be
tween the two governments on the
11th of August, 1802, the ratifica
tions of which were exchanged the
21st Decemdcr, 1818, is annulled.
Article 11.
The United States, exonerating
Spain from all demands in future, on
account of the claims of their citi
zens, to which the renunciations
herein contained extend, and consi
dering them entirely cancelled, un
darfakc to make satisfaction for the
same, to an amount not exceeding
five millions of dollars. To ascer
tain the full amount ami validity ol
th .se claims,a commission, to consist
of three commissioners, citizens of
the United States, shall be appointed
by the President, by and with the ad
vice and consent of the Senate;
which commission shall meet at the
Uity of Washington, and within the
space of three years from the time
of their first meeting, shall receive,
examine,and decide upon the amount
and validity of all the claims includ
ed within the descriptions above
mentioned. The said commissioners
shall take an oath or affirmation, to
be entered on the record of their
proceedings, for the faithful and dil
igent discharge of their duties; and
in case of the death, siocuess, or ne
cessary absence ofany sich commis
sioner, his place may be supplied bv
the appointment, as afonsaid, or by
the President of the Uiited State's
during the recess of the Senate, of
another commissioner it his stead.
The said commissioners shall be au
thorized to hear and examine on oath
every question relative to the said
claims, and to receive all suitable au
thentic testimony concerning the
same. And the Spanish government
shall furnish alt such documents and
elucidations as may ho in their pos
session, for the adjustment ol the
said claims, according to the princi
ples of justice, the laws of nations,
and the stipulations of the treaty b--
tween the two parties of 27th of Oc
tober, 1705; and the said documents
to be specified, when demanded at
the instance of the said commissi
oners. |
I he payment of such claims as
ciay be admitted and adjusted by the
said CommiMioncj’St Or -the major
part of them, to an amount not ex
ceeding five*
shall be made by the UF f . eJ J? tate *’
cither immediately at Rjetr Treasu
ry, or bv the creation orStock bca -
ing an interest of six per cent, pei
ana»m, jujaWe.. from .the proceeds
of s dos of public lands wiilun the
territories hereby ceded to the Unit
ed States, or in such other manner
as the Congress of the U. States
may prescribe by law
The records of the proceedings
of the said Commissioners, together
with the vouchers and documents
produced before them, relative t«
the claims to be adjusted and decid
ed upon by them, shall, after t.ie
close of their transactions, be depo
sited in the Department of State ol
the United States ; and copies ol
them, or any part ol them, shall be
furnished to the Spanish Govern
ment, it required, at the demand ol
the Spanish Minister in the United
States.
Article 12.
! The treaty of limits, and naviga
tion, of 1795, remains confirmed in
all. and each one of its articles, ex
coptingtlie 2.1, jd, 4ih, 21st, and the
second chin sc ot the 22nd articles,
which having been altered by this
treaty, or having received their cn
tire execution, are n<> longer valid.
With respect to the 15th article of
the same treaty of Friendship, Limits
ami Navigation, ot 1795, in which it
. is stipulated, that the flag shall cover
f the property, the two high contract
ing parties agree tliat this shall be so
understood with respet to those pow
ers who recognize this principle; but,
if either of the two contracting par
ties shall be at war with a third par
ty, and the other neutral, the flag of
1 tiie neutral s tall cover tiie property
1 of enemies, whose government ack
. nowledge this principle* and not ot
1 others.
Article 13.
Roth contracting parties wishing
, to favortheir mutual commerce,-by al
, fording indheir ports every necessa
ry assistance to their respectiv mer
, chant vcsrcls, have agreed, that the
h sailors who shall desert from their
vessels in tho ports of the other, shall
; he arrested and delivered uji, at the
, instance of the Consul, who shall
. prove, nevertheless; that the desert
. ers belonged to the vessels that claim
. ed them, exhibiting the document
that is customary in their nation;
. that is to say, the American Consul
in a Spanish port, shall exhibit the
; document known by the name of Ar
. tides; and the Spanish Consul in
American ports, the Roll ol the ves
sel; and if the name of the deserter or
deserters who are claimed, shall ap
. pear in the one or the other, they
:• dmll be arrested, held in custody,
and delivered to the vessel to which
, they shall b long.
Article 14.
The United Slates hereby certify,
that they have not received any com
pensation from France for the inju
ries they suffered from her privateers,
consuls, and tribunals, on the coasts
and in the ports of Spain, for the sat
isfaction of which provision is made
by this treaty; and they will present
an authentic statement of the prizes
made, and of their true value, th.-t
Spain may avail herself of the same,
such manner as she may deem just
and proper.
Article 15-
The United states to give to his
Jathoiic Majesty a proof of (heir de
sire to cement the relations of amity
subsisting between the two nations,
and to favor the commerce of the
subjects of his Catholic Majesty, a
grec that Spanish vessels coining la
den only with productions of Span
ish growth, or manufactures, direct
ly from the ports of Spain, or of her
colonies, shall be added for the term
of twelve years, to the ports of
Pensacola and • t. Augustine, in the
Floridas, without paying other or
higher duties on their cargoes, or of
tonnage, than will be paid by the
vessels of the United States. Du
riigthe said term, no other nation
shall enjoy tiie same privileges with
in the ceded territories. The twelve
years shall commence three months
after the exchange of the ratifications
of this treaty.
Article IG.
The present treaty shall be ratified
in due form by the contracting par
ties, and the ratifications shall he ex
changed in six months from this time,
or sooner if possible.
In witness whereof, the underwrit
ten plenipotentiaries of the Uni
ted States of America and of his
Catholic Majesty, have signed,
by virtue of our powers, the
present treaty of amity, settle
ment, and limits, and have
thereunto affixed our seals re-;
spectively.
Done at Washington, this twientj
second djy of one
thousand eight hundred and
nineteen.
JOHN QUINCY ADAMS.
LOUIS DE ONIS.
And whereas his said CathoE? Ma
jesty did, on the twenty-fourth day
of October, in the year of ou r LotH
one thousand eight hundred and
<*y*nty, jaiify and confirm the said • <
treaty, which ratification is in the I
words and of the tenor following m
[TRANSLATION]
» FERDINAND THE SEVENTH,
by the grace of God, and by the
Constitution of the Spanish . Mon- *
archy, King of the Spains :
“ Whereas, on the twenty-second
day of February, of the year one
thousand eight hundred -and nine
teen, last past, a Treaty was con
cluded and signed, in, the City of
Washington, between Don Luis de
i Onis, my Envoy Extraordinary and
, Minister Plenipotentiary, and John
. Q'.iii cy Adams, Esquire, Secretary
. ot State of the United Stales of A
. mcrica, competently authorized by
| both parties, consisting of sixteen
} articles, which had for their object
- the arrangement of differences and of
' the limits between both governments
I and their respective territories, which
i arc of the following form and literal
tenor
[Here follows the above treaty ward
Cor worj
« Therefore, having seen and exam
ined t!ie sixteen articles referred to,
and having first obtained the consent
and authority of the General Cortes
of the Nation with respect to the ces
sion mentioned and stipulated in the
second and third articles, I appro-e
and ratify ud and every one of the ar
ticles referred to, and the clauses
which are contained in them; and in
virtue of these present's, I approve
and ratify them; promising, cn the
faith and word of a’King, to execute
and observe them, and cause them to
be executed and observed entirely,
as if i myself had confirmed them
and that the circumstance of having
exceeded the term of six months, fix
ed for the exchange of the ratifica
tions in the sixteenth article, may
afford no obstacle in any manner, it
is mv deliberate will that the present
ratification be as valid and firm, and
produce the same effects, as il it had
been done within the determined pe
riod, ' Desirous, at the same time, of
avoiding any doubt or ambiguity con
cerning the meaning of the eighth ar
ticle of the said treaty, in respect to
the date which is pointed out in it as
the period for the confirmation of the
grants of lands in the Floridas, made
by me or by the competent authorities
in my royal name, **'hich p int of
date was fixed in the positive under
standing of the three grants of land
made in favor of the Duke of AI agon,
the Count of Punonrostro, and Don
Pedro dc Vargas, being annulled by
its tenor; I have readily to declare
that the said three grants have re
mained and do remain entirely an
nulled and invalid ; and that neither
the three individuals mentioned, nor
those who may have title or interest
through them, can avail themselves
of the said grants at any time .or jn
any manner—under which explicit
declaration the said eighth article is
to be understood as ratified. In the
faith of all which 1 have commanded
to dispatch these presents, confirmed
by my hand, scaled witu my secret
seal, and countersigned by the under
written, my secretary of despatch of
state.
Given at Madrid, the twenty-fourth
o‘ October one thousand eight
hundred and twenty.
FERNANDO.
Evaristo Perez de Castro.’’
And whereas the Senate of the U
nited States did, on the nineteenth
day of the present month, advice and
consent to the ratification, on the part
ot these United tales, of the said
treaty; in the following words
‘-in senate cf the united states,
IW/ruary 19 th IS2I,
« Resolved; Two thirds of the Sen
ators present concurring therein,
That the. senate, having examined
the treaty of Amity, settlement, and
Limits, between the United states
0/ America and his Catholic Majesty,
made and concluded on the twenty -
second of February, one thousand
eight hundred and nineteen, and
seen and considered the ratification
thereof made by his said Catholic
Majesty, on the the twenty fourth
day of October, one thousand eight
hundred and twenty, do consent to,
and advise the President of the Uni
ted States to ratify the same.”
And whereas, in pursuance of the
said advice and consent of the Sen
ate ol the United States, 1 have ratifi
ed and confirmed the said treaty, in
the words following viz.
“ Now therefore 1 James Mokroe,
President of tho United Slates of A
merica, having seen ami considered
tha treaty above recited, together
with the ratification of his Catholic
Majesty thereof, do, in pursuance of
the aforesaid advice and consent of
the Senate of the United States, by
these presents, accept, ratify; and
confirm the said treaty, and every
clause and article thereof, as the
same are herein before set forth.
In faith whereof, I have caused the
seal of the United tales of America
to be hereto affixed. , - .
Given under my hand at the City
of Washington, this twenty second
day of February, in the year of our
Lord, one thousand eight hundred
jund twenty one, and of the Ipdepn-
By the Presiiltwf '
JOHS QI'INCVAcw, I I
•Sec r'taryofStw' ■ i
• Andwherea.thenv.i ■
on the part of the V,,,,.*
of his Catholic M
th.s day duly exciiJ’B
mgton, by John ts. B
ecretary of tale VB
"tales, and by Cietitr B
cisc IhoM-p,'
ordinary and mini*. B
tiury of his Catholic v,-*
therefore, to th ec J‘.M
treaty may be tWtvoi ■
ednuh pod fc i(h||| «
the United ' tales, I i Uv ■
premises to be made pB
- do hereby enjoin and
sons bearingoffice C|v n ■
1 within the United ; la ß
| °J. l * erB tW‘isci.Bor biUS
ot, or being within ii, e A
fully to observe and
1 treaty, and every daasiß
thereof. S
'ln testimony whcroA
caused the seal ot thevH
to be affixed to these ■
signed the same withinß
• Done at the City B
ton, Hie twenty seH
February, inthpß
[i. s.] Lord one thousuß
died ami twenty B
the Sovereignty a B
deuce of the Uniteß
forty fifth. B
r , ' ' JAMEi \U
By the President • H
Johh Quiver A&B
Secretary of
CHmisTowiH
Schooner
On Friday last, a report M
rent in lliiscity, and the snhH
eral conversation, that tlic I
ratarian pirate, Lahtie, wlifl
some time litre, had gone off*
named schooner, under silcll
•irenmatances ss to induct a gB
, that his intentions were of a*fl
lure.—Prom some circnmtß
had previously come tpcurß
1 of the operations of this mal
Charleston, we had not thefl
of the correctness .if thij repol
lieving it to be our duly,«l
nalists to notice the circnmstfl
L der to put om* countrymen I
guard, and draw the public B
his movements, we inserted il
; ricr of. Saturday murDiirg, ihß
paragraph:— I
“ We understand that aicJ
the Nan<y-Eleanor, on botrdH
was Lanm, brother to tbel
pirate of that name, lefi thisl
clandestine manner, a fewnigbl
ft is said she had on board al
large number of men, and ii J
be bounded upon a princiiialel
This paragraph has prouucuß
nication, which was
Times of the same Etching,l
Mr. Jo u\ B, Lumaitiix, (ml
himself to be owner of the u|
iii which he pronounces the pil
question to be ''cs false luilam
their is either falsehood or ■
we can satisfy that they were I
ded to wound the .feelings ol 9
tiik, for until after its pnblicjlj
not know that ho was either jl
indirectly concerned in the on*
clearance of the vessel I
Hu I as an air of such teiloj
tance lias been given to the c j
and as Mr- L. appears to itajj
injured by the publication »;jj
injustice to ourselves and lutj
stale certain facts amicircumstarj
had previously come to our c|
as a justification, oral kid «
of our offence H
Lafittk ar ive.l here in ,(( W
under an assumed na®c, ia *B
winch reported himself ;>s/row ■
hounded to Cun ttCJU, but put
for -eater. He brought witti
liable cargo, eo»:j;stir.g at M
logwood, sarsaparilla, .9
which were pronounced b. I>■
vorsani in such aruclta, J ■
Houbtcclly the giuwcii
Campeachv, cor.str.utmg -
—and suspectedto■'‘-“Jl
some Spanish vessels aU^
U, Old rt'ovidencw-fus ; |
know- to be theveikkz''- 115 , ■
pirates, and was the ref
Tts and other liar, w*- .. ,^1
being disk'd fed by the b- I
on the Nk-w-Oi leans station I
'J’he senooner 11**0, • 1
place, was dispaic.ied to |
December last, on her C ' J pi
ras, alias Old rroviJencc 1
time previous to Uer w*hJ I
pencil a house of ren! e I
boarded about 14 or 1 s ' ;i|| J
engaged to proceed w ■>-< 1
thus proceed, with one<> 1
agreeably to their engag I
Shortly after Ins arnra
with Oapt. Coot, of
Norfolk, for the ajorcnai J 1
Eleanor -, but as Lin r - J
clean citizen, the I >a P* ol)
in the name of a, ' otfc ®
mount of purchase, (one
was partly in certain S P ,-w
thcr Lafittk afterward
derable expence in getting
for the sch goner. «
that he and his eimssaii -,1
ty of 814 per man, .w i[iiSe
proceed on » '°> 8 u ».
that the vig.lar.ee of tn r rv. l 5
Customs prevented his
tions fully into effect. jjM
Mr. Lemaitke inform
m ent,lhathece.«drainß
ballast I'e have ‘ 3t a;
the pitotwhPtrokhei y ,,.
serts that she had, c" ri£ftf s
crossed the Har, 1 b ., rre !s, »" eli
pipes, and
provisions, floui, ,i, - c us’* 11 ■
says she had not moiv
ipcnt of msa ca