USA > Florida > The purchase of Florida; its history and diplomacy > Part 29
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The two high contracting parties agree to cede and renounce all their rights, claims, and pretensions, to the territories de scribed by the said line, that is to say: The United States hereby
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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 4.
To fix this line with more precision, and to place the land- marks which shall designate exactly the limits of both nations, each of the contracting parties shall appoint a commissioner and a surveyor, who shall meet before the termination of one year from the date of the ratification of this treaty at Natchitoches, on the Red River, and proceed to run and mark the said line, from the mouth of the Sabine to the Red River, and from the Red River to the river Arkansas, and to ascertain the lati- tude of the source of the said river Arkansas, in conformity to what is above agreed upon and stipulated, and the line of lati- tude 42, to the South Sea; they shall make out plans, and keep journals of their proceedings, and the result agreed upon by them shall be considered as part of this treaty, and shall have the same force as if it were inserted therein. The two govern- ments will amicably agree respecting the necessary articles to be furnished to those persons, and also as to their respective escorts, should such be deemed necessary.
ARTICLE 5.
. The inhabitants of the ceded territories shall be secured in the free exercise of their religion, without any restriction; and all those who may desire to remove to the Spanish dominions shall be permitted to sell or export their effects, at any time whatever, without being subject, in either case, to duties.
ARTICLE 6.
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
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the enjoyment of all the privileges, rights, and immunities of the citizens of the United States.
ARTICLE 7.
The officers and troops of His Catholic Majesty, in' the ter- ritories hereby ceded by him to the United States, shall be with- drawn and possession of the places occupied by them shall be given within six months after the exchange of the ratifications 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 receive them; and the United States shall fur- nish the transports and escort necessary to convey the Spanish officers and troops and their baggage to the Havana.
ARTICLE 8.
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 na- tion, 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 Janu- ary, 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 9.
The two high contracting parties, animated with the most earnest desire of conciliation, and with the object of putting an end to all differences which have existed between them, and of confirming the good understanding which they wish to be for- ever maintained between them, reciprocally renounce all claims for damages or injuries which they, themselves, as well as their
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respective citizens and subjects, may have suffered until the time of signing this treaty.
The renunciation of the United States will extend to all the injuries mentioned in the convention of the 11th of August, 1802.
2. To all claims on account of prizes made by French pri- vateers, and condemned by French consuls, within the territory and jurisdiction of Spain.
3. To all claims of indemnities on account of suspension of the right of deposit at New Orleans in 1802.
4. To all claims of citizens of the United States upon the government of Spain, arising from the unlawful seizures at sea, and in the ports and territories of Spain, or the Spanish colonies.
5. To all claims of citizens of the United States upon the Spanish government, statements of which, soliciting the inter- position of the government of the United States, have been pre- sented to the department of state, or to the minister of the Unit- ed States in Spain, since the date of the convention of 1802, and until the signature of this treaty.
The renunciation of His Catholic Majesty extends-
1. To all the injuries mentioned in the convention of the 11th of August, 1802.
2. To the sums which His Catholic Majesty advanced for the return of Captain Pike from the Provinces Internas.
3. To all injuries caused by the expedition of Miranda, that was fitted out and equipped at New York.
4. To all claims of Spanish subjects upon the government of the United States arising from unlawful seizures at sea, or within the ports and territorial jurisdiction of the United States.
Finally, to all the claims of subjects of His Catholic Majesty upon the government of the United States in which the inter- position of His Catholic Majesty's government has been solicited, before the date of this treaty and since the date of the conven- tion of 1802, or which may have been made to the department of foreign affairs of His Majesty, or to his minister in the United States.
And the high contracting parties, respectively, renounce all claim to indemnities for any of the recent events or transactions of their respective commanders and officers in the Floridas.
The United States will cause satisfaction to be made for the injuries, if any, which, by process of law, shall be established to have been suffered by the Spanish officers, and individual
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Spanish inhabitants, by the late operations of the American army in Florida.
ARTICLE 10.
The convention entered into between the two governments. on the 11th of August, 1802, the ratifications of which were exchanged the 21st of December, 1818, is annulled.
ARTICLE 11.
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 ascer- tain 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, which commission shall meet at the city 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 included 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 diligent discharge of their duties; and, in case of the death, sickness, or necessary absence of any such commissioner, his place may be supplied by the ap- pointment, as aforesaid, or by the president of the United States, during the recess of the senate, of another commissioner in his stead. The said commissioners shall be authorized to hear and examine suitable authentic testimony concerning the same. And the Spanish government shall furnish all such documents and elucidations as may be in their possession, for the adjustment of the said claims, according to the principles of justice, the laws of nations, and the stipulations of the treaty between the two parties of 27th of October, 1795; the said documents to be speci- fied, when demanded, at the instance of the said commissioners.
The payment of such claims as may be admitted and adjusted by the said commissioners, or the major part of them, to an amount not exceeding five millions of dollars, shall be made by the United States, either immediately at their treasury, or by the creation of stock, bearing an interest of six per cent. per
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annum, payable from the proceeds of sales of public lands within the territories hereby ceded to the United States, or in such other manner as the congress of the United States may prescribe by law.
The records of the proceedings of the said commissioners, together with the vouchers and documents produced before them, relative to the claims to be adjusted and decided upon by them, shall, after the close of their transactions, be deposited in the department of state of the United States; and copies of them, or any part of them, shall be furnished to the Spanish govern- ment, if required, at the demand of the Spanish minister in the United States.
ARTICLE 12.
The treaty of limits and navigation, of 1795, remains con- firmed in all and each one of its articles excepting the second, third, fourth, twenty-first and the second clause of the twenty- second article, which, having been altered by this treaty, or having received their entire execution, are no longer valid.
With respect to the fifteenth 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 acknowledge this principle, and not of others.
ARTICLE 13.
Both contracting parties, wishing to favor their mutual commerce, by affording in their ports every necessary assistance to their respective merchant vessels, have agreed that the sailors who shall desert from their vessels in the ports of the other, shall be arrested and delivered up, at the instance of the consul, who shall prove, nevertheless, that the deserters belonged to the vessels that claimed them, exhibiting the document that is cus- tomary in their nation; that is to say, the American consul in a Spanish port shall exhibit the document known by the name of articles, and the Spanish consul, in American ports, the roll of the vessel; and if the name of the deserter or deserters who are claimed shall appear in the one or the other, they shall be
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arrested, held in custody, and delivered to the vessel to which they shall belong. .
ARTICLE 14.
The United States hereby certify that they have not received any compensation from France for the injuries they suffered from privateers, consuls, and tribunals on the coasts and in the ports of Spain, for the satisfaction of which provision is made by this treaty; and they will present an authentic statement of the prizes made, and of their true value, that Spain may avail herself of the same in such manner as she may deem just and proper.
ARTICLE 15.
The United States, to give to His Catholic Majesty a proof of their desire to cement the relations of amity subsisting be- tween the two nations, and to favor the commerce of the sub- jects of His Catholic Majesty, agree that Spanish vessels, coming laden only with productions of Spanish growth and manufac- tures, directly from the ports of Spain, or of her colonies, shall be admitted, for the term of twelve years, to the ports of Pen- sacola and St. 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. During the said term no other nation shall enjoy the same privileges within the ceded territories. The twelve years shall commence three months after the exchange of the ratifications of this treaty.
ARTICLE 16.
The present treaty shall be ratified in due form, by the contracting parties, and the ratifications shall be exchanged in six months from this time, or sooner if possible.
In witness whereof we, the underwritten Plenipotentiaries of the United States of America and of His Catholic Majesty, have signed, by virtue of our powers, the present treaty of amity, settlement, and limits, and have thereunto affixed our seals, re- spectively. Done at Washington this twenty-second day of Feb- ruary, one thousand eight hundred and nineteen.
(seal) (seal)
JOHN QUINCY ADAMS. LUIS DE ONIS.
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RATIFICATION BY HIS CATHOLIC MAJESTY, ON THE TWENTY-FOURTH
DAY OF OCTOBER, IN THE YEAR OF OUR LORD ONE THOU-
SAND EIGHT HUNDRED AND TWENTY.
Ferdinand the Seventh, by the Grace of God and by the constitution of the Spanish monarchy, King of Spain.
Whereas on the twenty-second day of February, of the year one thousand eight hundred and nineteen last past, a treaty was concluded and signed in the city of Washington, between Don Luis de Onis, my Envoy Extraordinary and Minister Plenipoten- tiary, and John Quincy Adams, Esquire, Secretary of State of the United States of America, competently authorized by both parties, consisting of sixteen articles, which had for their ob- ject the arrangement of differences and of limits between both governments and their respective territories, which are of the following form and literal tenor:
(Here follows the foregoing treaty, word for word.)
Therefore, having seen and examined the sixteen articles aforesaid, and having first obtained the consent and authority of the General Cortes of the nation with respect to the cession mentioned and stipulated in the 2nd and 3rd articles, I approve and ratify all and every one of the articles referred to, and the clauses which are contained in them; promising, on the faith and word of a King, to execute and observe them, and to cause them to be executed and observed entirely as if I myself had signed them; and that the circumstance of having exceeded the term of six months, fixed for the exchange of the ratifications in the 16th article, may afford no obstacle in any manner, it is my deliberate will that the present ratification be as valid and firm, and produce the same effects, as if it had been done within the determined .. period. Desirous at the same time of avoiding any doubt or ambiguity concerning the meaning of the 8th article 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, which date was fixed in the positive understanding of the three grants of land made in favor of the Duke of Alagon, the Count of Punonrostro, and Don Pedro de Vargas, being an- nulled by its tenor, I think proper to declare that the said three grants have remained and do remain entirely annulled and in- valid; and that neither the three individuals mentioned, nor those who may have title or interest through them, can avail
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themselves of the said grants at any time or in any manner: undrt which explicit declaration the sald 8th article is to be under stood as ratified. In the faith of all which I have commande! the issuance of these presents. Signed by my hand, sealed with my secret seal, and countersigned by the underwritten my Secretary of the Department of State.
Given at Madrid, the twenty-fourth of October, one thousand eight hundred and twenty.
EVARISTO PEREZ DE CASTRO.
FERNANDO.
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APPENDIX F.
BIBLIOGRAPHY.
MSS. State Department. Instructions to our Ministers.
Domestic Letters.
Letters from Ministers Abroad to the Secretary of State.
Secretary of State to Foreign Ministers.
MSS. State Department, Negotiation Books. ¥ .€ Foreign Letters.
American State Papers.
MSS. State Department, Letters of William Short.
Letters of David Humphreys. Letters of Thomas Pinckney.
American State Papers, Foreign Affairs.
.€ . Military Affairs.
Indian Affairs.
Annals of Congress, Vol. XXXIII. Debates on Seminole War. Wharton's Diplomatic History of the American Revolution.
Wharton's International Law. Woolsey's International Law.
Vattel's Law of Nations.
Hall's International Law.
Fiske's Critical Period of American History.
Trescott's Diplomacy of Washington's and Adams's Terms. Jefferson's Works. Hamilton's Works.
Hamilton's Republic.
Gallatin's Works.
Jefferson Papers. John Quincy Adams's Diary. McMaster's History of the People of the United States. Schouler's History of the United States.
Hildreth's History of the United States.
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Adams's History of the United States.
Benton's Thirty Years' View.
Campbell's Colonial Florida.
Williams's History of Florida.
Memoirs of Florida. R. H. Rerick and Fleming.
Fairbanks's History of Florida.
Green's History of Florida.
Lowry's History of Mississippi.
Stevens's History of Georgia.
Parton's Jackson.
Sumner's Life of Jackson.
Alexander Hamilton. Henry Cabot Lodge.
James Monroe. D. C. Gilman.
Thomas Jefferson. J. T. Morse, Jr.
James Madison. S. H. Gay.
John Quincy Adams. J. T. Morse, Jr.
Life of J. Q. Adams. Josiah Quincy.
Memoirs of J. Q. Adams. Chas. Francis Adams.
Eaton's Jackson.
Niles Register.
Memoranda of a Residence at the Court of London. Richard Rush.
Von Holst's Constitutional and Political History of the United States.
Acquisition of Florida. American Historical Magazine, Vol. XIX, pp. 286-301. Hon. J. L. M. Curry.
Mistake Made as to the East Boundary of Louisiana (1814). Benj. Vaughan
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INDEX
ABBADIA, d', 129. Acadia, 143.
Adaes River, 150, 299.
Adaes, Nuestra Senora de los, post, 159.
Adams, John, 54.
Adams, John Quincy, 74, 79, 89, 90, 95, 324, 328; member of joint commission to go to St. Petersburg, 202 ; takes part of Jackson in cabinet debate, 267-270 ; extract from diary of, 268-269; terms of adjustment between Spain and United States proposed by, 276-277 ; disputes between De Onis and, 277-278: comments upon offer of England to mediate, 279 ; desirous of recognizing South American colonies, 280;
makes inquiry regard- ing England's attitude to- ward colonies, 280; De Onis protests to, against course of Jackson, 282-283; answer of. to De Onis, 283-284; reply of De Onis to, 284-285 ; sends to Pizarro full statement of American case, 286-291; ap- preciation of document, and its success, 291-293 ; describes opinion in England regarding Jackson campaign, 295: letter to, from Erving regarding
propitious time for treaty, 296-297; opinion about De Onis, 298-299; treats with De Onis concerning boundaries. 299-300 ; demands cancellation of land grants in Florida, 300 ; reply of De Onis to, 300-301 ; requests England to join U'nit- ed States in recognizing South American colonies, 301-303 ; recommends provisional seiz- ure of Florida, 303-304: De Neuville intermediary between De Onis and, 304; opposition to, in cabinet, 304-305 ; final negotiations between De Onis and, 305-307; comments of, upon treaty provisions, 307- 308; De Onis and. discuss question of land grants in Florida, 309; sends instruc- tions to Forsyth, 311-312 : presidential aspirations of, 313: reply of, to Vives, 315; further discussions of, with Vives, 315-318 ; replies to
Vives concerning consent of cortes, 318 ; assumes air of in- difference, 318; diary of. in Jackson's estimation, 320 ; principle followed by, in his negotiations, 330. Adams, Samuel, 17.
Addington, Henry, 112.
Adet, Pierre Auguste, 98.
Aix-la-Chapelle, 297.
Alabama, 173, 227. 321.
Alabama claims, 219.
Alabama River, 203, 204.
Alagon, Duke of, 309.
Alexander. Emperor of Russia, 202, 274.
Alexander, Colonel 211. Allegheny Mountains, 35, 36, 54. Amaya, -, Mexican plotter, 219.
Ambrister, Robert. 253, 288, 295, 296, 328; captured by Jackson, 249; trial and exe- cution of, 250-252 ; debate in congress over, 256-267, Adams justifies execution of, 289-290, 291. Amelia Island, 79, 191, 193, 194, 197, 202, 205, 235, 240, 244, 277, 278, 288, 295, 327; char- acter of inhabitants of, 231- 32; under MacGregor, 232- 234; Aury takes possession of, 235-236; surrendered to Am- ericans, 236.
America, 20, 25, 26, 27, 28, 30, 37, 44, 50, 57, 60, 63, 71, 88, 92, 90, 123, 139, 162, 253, 2.62. 273, 314. See also United States, and North and South America.
Ames, Fisher, 83, 326.
Amit channel. 53. André, Major John, 263.
Anville. Jean Baptiste Bourguig- non d'. 141.
Apalache, 124.
Appalachian Mountains, 26, 28. Appalachicola River, 32. 144, 148, 227. 228, 229, 230, 238, 244.
Aranda, Don Pedro Abarca y Bolea, Count d', 29, 58. Arbuthnot, Alexander, 245, 253, 287. 292, 295. 296, 328; busi- ness of, in Florida, 246-247; writes to his son from St. Marks, 247 ; captured by Jack- son, 248; Jackson places blame upon, for escape of Bo-
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Arbuthnot, continued-
leck, 249 ; trial and execution of, 250-252; debate in con- gress over, 256-267 ; accusa- tion of, by Adams, 286; Adams justifies execution of, 289-290, 291. Arkansas River, 299. 306, 307. Armstrong, General John, 160, 161, 177, 178, 204 : receives in- structions from Madison re- specting French construction of Louisiana purchase treaty, 134-136 ; Talleyrand writes to, respecting same, 138-140 ; with Monroe, advises decisive meas- ures, 152-153 ; rejects Talley- rand's proposals regarding Florida, 162; transmits to America offer of Napoleon, 162; Monroe sends instruc- tions to, 168.
Arnold, Benedict, 172.
Arroyo Hondo, 299.
Ashley, Colonel Richard H., de- mands surrender of Fernan- dina, 193.
Atlantic Ocean, 33, 110, 183, 288, 330.
Aury, Louis, 232 ; career of, 234- 235; takes possession of Am- elia Island, 235-236 ; surren- ders Fernandina, 236.
Austria, 273.
BAGOT, Sir Charles, 270, 278, 279, 301 ; opinion of Jackson, 296.
Bahamas, the, 247.
Baltimore, 214, 225, 226, 232.
Barataria, 211, 232.
Barbary states, 36, 44, 259.
Barbé-Marbois, Francois de, 112, 134, 158.
Barnabue, Juan B., protests against occupation of Florida, 189; complains of violations of neutrality by United States. 190 : replies to complaints of United States against De Onis, 214.
Barrancas, Fort, 205, 206, 209, 243, 244, 255, 259. 282, 288.
Basle, peace of (1795), 69; treaty of, 74.
Baton Rouge, 160, 174, 184, 185, 186, 210. Bayard, James A., 202. Bayonne. 312.
Belle River, 194. Beloxi, 144.
Benton, Thomas Hart, opposes treaty of 1819, 321-322. Bermudas, the, 21.
Bernado, Mexican rev- olutionist, 219.
Bibb, William Wyatt, 242.
Bidwell, Barnabas, 164. Big Creek, 241.
Blennerhassett's Island, 170.
Blount, Colonel William, 88, 92, 201, 209, 265 ; his scheme, 80- 81 ; his trial and acquittal, 81- 82 ; D'Yrujo demands punish- ment of, 84.
Boleck ("Billy Bowlegs"), 227, 247, 249.
Bonaparte, Joseph, 179, 182, 190, 213, 227.
Bonaparte, Napoleon. See Na- poleon Bonaparte.
Boone, Daniel, 48.
Bourbons, the, 30, 281; Family Compact of, 141.
Bournonville, General. French ambassador at Madrid, 116, 125, 139, 140. Bowdoin, James, 175; advises decisive measures in Louis- iana negotiations, 152; ap- pointed minister to Spain, 159 ; Madison sends instructions to, 168 ; advises seizure of Flori- da, 176-177.
"Bowlegs, Billy". See Boleck. Bowles, General William Augus- tus, 51; commits hostilities against Florida, 92-93.
Bowyer, Fort, 202, 207. Brazil, 273, 274.
Breckinridge, General 151. James,
Brent, Thomas L., 214, 215. Breton, Cape, 143.
Brissot de Warville, Jean Pierre, 74. Brown, James, a United States senator, 321. Buenos Ayres, 182, 190. 199, 212, 218, 280, 282, 302, 303, 316. Bulgary, Count, 312. Bunker Hill, 17.
Burr, Aaron, 175, 214, 263 ; con- spiracy of. 170-171; connec- tion with Wilkinson. 171 ; trial and acquittal of, 173-174. Butler, Percival, a Western lead- er. 74. Butler, Captain, a privateer, 210. Butler, Lieutenant Robert, 323.
CADIZ. 212. 275, 310.
Calcasieu River, 158, 299. "Caledonia," the, 225. Calhoun, John C .. 238, 240, 241. 242, 243, 244, 303 ; takes part in cabinet debate concerning Jackson, 267-270; writes to Jackson, 294.
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