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Queen; Superintendant General of the Posts and Highways; Protector of the Royal Academy of the Noble Arts, and of the Royal Societies of Natural History, Botany, Chemistry, and Astronomy: Gentleman of the Bedchamber in employment; Captain General of his Armies; Inspector and Major of the Royal Corps of Body Guards, &c. &c. &c. And the President of the United States, with the advice and consent of their Senate, has appointed Thomas Pinckney, a citizen of the United States, and their Envoy Extraordinary to his Catholic Majesty. And the said Plenipotentiaries have agreed upon and concluded the following articles :
Art. I. There shall be a firm and inviolable peace and sincere friendfhip between his Catholic Majesty, his fucceflors and subjects, and the United States and their Citizens, without exception of persons or places.
Art. II. To prevent all dispute on the subject of the boundaries which separate the territories of the two high contracting parties, it is hereby declared and agreed to as follows: to wit, The southern boundary of the United States, which divides their territory from the Spanish Colonies of East and West Florida, shall be designated by a line beginning on the River Misfiflippi at the northernmost part of the thirty-first degree of latitude North of the Equator, which from thence shall be drawn due East to the middle of the River Apalachicola, or Carahsuche, thence along the middle thereof to its junction with the Flint, then straight to the head of St. Mary's River, and thence down the middle thereof to the Atlantic Ocean. And it is agreed that if there should be any troops, garrisons, or settlements of either party on the territory of the other, according to the abovementioned boundaries, they Mall be withdrawn from the said territory within the term of fix months after the ratification of this treaty, or sooner, if it be possible; and that they shall be permitted to take with them all the goods and effects which they possess.
Art. III. In order to carry the preceding articles into effect, one Coinmiffioner and one Surveyor Mall be appointed by each of the contracting parties, who shall meet at the Nalches on the left fide of the River Millissippi, before the expiration of Gx months from the ratification of this Convention, and they shall proceed to run and make this boundary according to the stipulations of the said article. They fhall make plans, and keep journals of their proceedings,
. No: X. which Mall be considered as part of this Convention, and shall have the same force as if this was inserted herein. And if on any account it Mould be found necessary that the said Commissioners and Surveyors should be accompanied by guards, they shall be furnished in equal proportion by the commanding officer of his Majesty's troops in the two Floridas, and the commanding officers of the troops of the United States in the south-western territory, who shall act by.common consent, and amicably, as well with respect to this point, as to the furnishing of provisions and instruments, and making every other arrangement which may be necessary or useful for the execution of this article.
Art. IV. It is likewise agreed, that the western boundary of the United States, which separate them from the Spanish colony of Louisiana, is in the middle of the channel or bed of the river Misfifappi, from the northern boundary of the said States to the completion of the thirty-first degree of latitude north of the equator. And his Catholic Majesty has likewise agreed, that the navigation of the said river from its source to the ocean shall be free only to his subjects and the citizens of the United States, unless he should extend this privilege to the subjects of other powers by a special convention.
Art. V. The two high contracting parties shall, by all means in their power, maintain peace and harmony amongst the several Indian nations who inhabit the country adjacent to the lines and rivers which, by the preceding article, from the boundaries of the two Floridas, and the better to attain this effe&t, both parties oblige themselves expressly to restrain by force all hostilities on the part of the Indian nations living within their boundary; so that Spain will not suffer their Indians inhabiting their territory, nor will the United States permit their last mentioned Indians, to commence hostilities against his Catholic Majesty, or his Indians, in any manner what. soever.
And whereas several treaties of friendship cxist between the two contracting parties and the said nations of Indians, it is hereby agreed, that in future, no Treaty of Alliance, or other treaty whatsoever, (except Treaties of Peace) Mall be made by either party with the Indians living within the boundary of the other, but both parties will endeavour to make the advantage of the Indian tradle common and mutually beneficial to their respective subjects and citizens, observing
in all things the most complete reciprocity, so that both par. ties may obtain the advantages arising from a good understanding with the faid nations without being subject to the expence which they have hitherto occasioned.
Art. VI. Each party shall endeavour, by all the means in their power, to protect and defend all vessels and other effects belonging to the citizens or subjects of the other, which shall be within the ex. tent of their jurisdiction by sea or by land, and shall use all their efforts to recover and cause to be recovered to the right owners, their vessels and effects which may have been taken from them within the extent of their fajd jurisdiction, whether they are at war or not with the subjects who have taken pofleffion of the said effects.
Art. VII. And it is agreed, that the subjects or citizens of each of the said contracting parties, their vessels or effects, shall not be liable to any embargo or detention on the part of the other, or any military expedition or other public or private purpose whatsoever. And in all cases of seizure, detention, or arrest for debts contracted, or offences committed by any citizen or subject of the one party within the jurisdiction of the other, the same shall be made and profecuted by order or authority of law only, and according to the regular course of proceedings usual in such cases. The citizens and subjects of both parties shall be allowed such advocates, solicitors, notaries, agents, and factors, as they judge proper in all their affairs, and in all their trials at law, in which they may be concerned before the tribunal of the other party, and such agents shall have free access to be present at the proceedings in such causes, and at the taking of examinations and evidence which may be exhibited in the said trials.
Art. VIII. In case the subjects and inhabitants of either party, with their shipping, whether public and of war, ,or private and of merchants, be forced, through stress of weather, pursuit of pirates or enemies, or any other urgent necessity for taking thelter and harbour, to retreat and enter into any of the rivers, bays, roads, or ports belonging to the other party, they shall be received and treated with all humanity, and enjoy all favour, protection, and help, and they shall be perınitted to provide themselves, at reasonable rates, with victuals, and all things needful for the sustenance of their persons, or reparation of their ships, and prosecution of their voyage; and they shall no ways be hindered from returning out of the said ports or roads, but
may remove and depart when and whither they please, without any let or hinderance.
Art. IX. All ships and merchandize of whatever nature soever, which shall be rescued out of the hands of any pirates or robbers on the high seas, shall be brought into some port of either State, and shall be delivered to the custody of the officers of that port in order to be taken care of and restored to the true proprietor, as soon as due and sufficient proof shall be made concerning the property thereof.
Art. X. When any vessel of either party shall be wrecked, foundered, or otherwise damaged, on the coast, or within the dominions of the other, their respective subjects and citizens shall receive, as well for themselves as for their vessels and effects, the fame affistance which would be due to the inhabitants of the country where the damage happens, and shall pay the same charges and duties only as the said inhabitants would be subject to pay in like case; and if the operation of repairs would require that the whole or any part of the cargo be unladen, they shall pay no duties, charges, or fees, on the part which shall relade and carry away.
Art. XI. The citizens and subjects of each party shall have power to dispose of their personal goods within the jurisdi&tion of the other by testaments, denation, or otherwise, and their representatives, being subjects or citizens of the other party, shall succeed to their faid personal goods, whether by testament or ab inteftato, and they may take possession thereof either by themselves or others acting for them, and dispose of the same at their will, paying fale duties only as the inhabitants of the country where the same goods are, or shall be subject to pay in like cases. And in case of the absence of the representative, such care shall be taken of the said goods as of a native in like case, until the lawful owner may take measures for receiving them. And if questions should arise among several claimants, to which of them the goods belong, the same shall be decided by the laws and judges of the land wherein the said goods are. And where, on the death of any person holding real estate within the territories of the one party, each real estate would, by the law of the land, descend on a citizen or subject of the other, were he not disqualified by being an alien, such a subject shall be allowed a reasonable time to sell the fame, and to withdraw the proceeds without molestation, and exempt from all right of detraction on the part of the government of the respective States.
Art. XII. The merchant ships of either parties which shall be making into ports, or into a port belonging to the enemy of the other party, and concerning whose voyage, and the species of goods on board her, there shall be just ground of suspicion, shall be obliged to exhibit as well upon the high seas as in the ports and havens, not only her passport, but likewise certificates, expressly sewing that her goods are not of the number of those which have been prohibited as contraband.
Art. XIII. For the better promoting of commerce on both sides, it is agreed, that if war shall break out between the two said nations, one year after the proclamation of war shall be allowed to the mer. chants in the cities and towns where they fhiall live, for collecting and transporting their goods and merchandizes; and if any thing be taken from them, or any injury done them within that term, by either party, or the people or subjects of either, full fatisfaction shall be made by the government.
Art. XIV. No subject of his Catholic Majesty shall apply for, or take any commission or letters of marque, for arming any ship or fhips to act as privateers against the United States, or against the citizens, people, or inhabitants of the said United States, or against the property of any of the inhabitants of any of them, from any Prince or State with which the United States shall be at war. Nor shall any citizen, subject, or inhabitant of the said United States, apply for or take any cominiffion or letters of marque, for arming any thip or fhips to act as privateers against the subjects of his Catholic Majesty, or the property of any of them, from any Prince or State with which the faid King shall be at war. And if any person of either nation Mall take fuch commission or letters of marque, he shall be punished as a pirate.
Art. XV. It hall be lawful for all and singular the subjects of his Catholic Niajefly, the citizens, people, and inhabitants of the United States, to fail with their fhips, with all manner of liberty and security, no distinction being made who are the proprietors of the merchandizes laden therein, from any port to the places of those who now arc, or hereafter shall be at enmiy with his Catholic Majesty or the