Augusta chronicle. (Augusta, Ga.) 1820-1821, March 05, 1821, Image 2

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% ©msmsaiSo nr 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