Spanish colony of Louisiana, is in the middle of the channel or bed of the river Mississippi, from the northern boundary of the said states to the completion of the thirtyfirst degree of latitude north of the equator."-Then fol lows the clause respecting the navigation of the Mississippi. "And his catholick majesty has likewise agreed that the navigation of the said river, in its whole breadth, 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 special convention." Here Spain is the sole party to the excluding clause.-And the 21st article of the treaty presents a similar instance of a joint and separate stipulation. The two contracting parties jointly agree on the mode of adjusting the claims of American citizens for the losses they had sustained from the capture of their vessels by the subjects of Spain: and then "his catholick majesty undertakes to cause the same to be paid."-Now it might with as much propriety be affirmed that the United States are by this clause bound to contribute (and equally with his catholick majesty) to those payments, as be inferred from the declaration of his catholick majesty singly, in the 4th article, relative to the exclusive navigation of the Mississippi, that the United States have thereby engaged to exclude from it the subjects of Great Britain.

The simple fact is, that the United States were contending with Spain for the free navigation of the Mississippi for themselves; and by this clause in the 4th article of the treaty their claim was admitted. Any declaration of his catholick majesty alone, to exclude other nations, was to them quite immaterial.

Thus, sir, I have answered to all your complaints, and, I hope, satisfactorily. The United States, equally with his catholick majesty, are desirous of preserving the best harmony between the two countries; and the American government will always be disposed to adopt any proper measures for that end.

I have the honour to be, &c.

TIMOTHY PICKERING.

The Chevalier de Vrujo, Envoy Extraordinary and Minister Plenipotentiary of his Catholick Majesty to the United States of America.

No. XVIII.

Copy of a Letter from General Pinckney to the Secretary of State, dated Paris, February 1, 1797.

[No. 6.]

DEAR SIR,-The day after I had closed my last of the 24th ultimo, (No. 5) intelligence was received that Buonaparte had obtained a most brilliant victory in Italy,that he had made twenty-three thousand Austrian prisoners; killed and wounded six thousand, and had taken sixty pieces of cannon, and twenty-four standards; and the day after the arrival of this news, the following letter was written to me by Mr. De la Croix :

The Minister for Foreign Affairs, to Mr. Pinckney, AngloAmerican. Paris, the 6th Pluviose, 6th year of the French Republick, one and indivisible.

THE executive directory has charged me to make known to you, that not having obtained special permission to reside at Paris, you are amenable to the law which obliges foreigners to quit the territory of the Republick. I had the honour of informing you near two months ago, by the principal secretary of my department, of the intentions of the government in this respect; I cannot dispense with notifying you of them to-day.

Receive, sir, &c.

CH. DE LA CROIX.

To which I returned the following answer: To the Minister of Exterior Relations. Paris 7th Pluviose,

1797.

"CITIZEN MINISTER,-I did not receive until three o'clock to-day, your note in date of the 6th instant, informing me that the directory had charged you to acquaint me, that not having obtained particular permission to reside at

Paris, I was subject to the law which obliged strangers to quit the territories of the Republick.-I intimated to you some time since, by the secretary-general of your department, and by major Rutledge, my secretary, that I deemed a notification of this sort, in writing, from you, necessary previous to my departure. Having now received it, I shall without delay prepare to go, and, in the meanwhile, will be obliged to you for the necessary passports for myself and family, with our baggage, to quit the Republick in my way to Holland.

Accept, citizen minister, &c.

CHARLES C. PINCKNEY."

I should have made some observation on being termed Anglo-American, but, on inquiry, I found it was customary to call all my countrymen so, to distinguish us from the inhabitants of St. Domingo, and the other French West India Islands. I have received my passports, and shall, in two days, set out for Amsterdam. I know not what has occasioned this determination of the directory, after having permitted me to remain here so long a time from their refusal to acknowledge me. You will judge whether the answer of the Senate and the House of Representatives to the President's speech, and the late successes in Italy, have not concurred to occasion it. Mr. De la Croix assured major Rutledge, that he acted by the express orders of the directory in this particular, and not from himself.

Your letter of the 26th of November, with the duplicate of your letter of the 5th of the same month (the original of which has not reached me) I received the 29th ultimo, and am happy to find that Mr. Adet's disorganizing manoeuvres have been treated by my countrymen in the manner they deserved, and that his attempts to divide has tended to unite them. I most ardently wish, that we would banish all party distinctions and foreign influence; and think and act only as Americans for all parties in this country unite in thinking that we ought to act as if we were altogether their dependents, and indebted to them solely, and not to our own exertions for our liberty and independence. Hence our treaty with Great Britain is here generally execrated, and our having any kind of commercial connexion with that country, even if the treaty had not been made,

would, I believe, have been disliked. They wish to destroy the trade of Great Britain, and they look upon us as one of her best customers, and to obtain their object they care not what we suffer. I shall write to you again, as soon as I arrive at Amsterdam. Please to direct to me under cover to our bankers there, and be assured I am, &c. CHARLES C. PINCKNEY.

Colonel Pickering, Secretary of the United States.

MESSAGE

FROM THE PRESIDENT OF THE UNITED STATES TO CON

GRESS. JUNE 12, 1797.

I HAVE received information from the commissioner appointed, on the part of the United States, pursuant to the third article of our treaty with Spain, that the running and marking of the boundary line between the colonies of East and West Florida, and the territory of the United States, have been delayed by the officers of his catholick majesty; and that they have declared their intention to maintain his jurisdiction, and to suspend the withdrawing of his troops from military posts they occupy, within the territory of the United States, until the two governments shall, by negotiation, have settled the meaning of the second article respecting the withdrawing of the troops, garrisons or settlements of either party in the territory of the other; that is, whether, when the Spanish garrisons withdraw, they are to leave the works standing, or to demolish them; and until, by an additional article to the treaty, the real property of the inhabitants shall be secured; and likewise until the Spanish officers are sure the Indians will be pacifick. The two first questions, if to be determined by negotiation, might be made subjects of discussion for years, and as no limitation of time can be prescribed to the other, a certainty in the opinion of the Spanish officers that the Indians will be pacifick, it will be impossible to suffer it to remain an obstacle to the fulfilment of the treaty on the part of Spain.

To remove the first difficulty, I have determined to leave it to the discretion of the officers of his catholick majesty, when they withdraw his troops from the forts, within the territory of the United States, either to leave the works

standing, or to demolish them; and to remove the second, I shall cause an assurance to be published, and to be particularly communicated to the minister of his catholick majesty, and to the governour of Louisiana, that the settlers or occupants of the lands in question, shall not be disturbed in their possessions by the troops of the United States; but on the contrary, that they shall be protected in all their lawful claims; and to prevent or remove every doubt on this point, it merits the consideration of Congress, whether it will not be expedient, immediately, to pass a law, giving positive assurances to those inhabitants who by fair and regular grants, or by occupancy, have obtained legal titles or equitable claims to lands in that country, prior to the final ratification of the treaty between the United States and Spain, on the twenty-fifth of April, one thousand seven hundred and ninety-six.

This country is rendered peculiarly valuable by its inhabitants, who are represented to amount to nearly four thousand, generally well affected and much attached to the United States, and zealous for the establishment of a gov. ernment under their authority.

I therefore recommend to your consideration the expediency of erecting a government in the district of the Natchez, similar to that established for the territory north west of the river Ohio, but with certain modifications, relative to titles or claims of land, whether of individuals or companies, or to claims of jurisdiction of any individual state.

1

JOHN ADAMS. Report of the Secretary of State, to the President of the "United States, of the Proceedings of Andrew Ellicott, Esq. Commissioner for running the Boundary Line between the United States and East and West Florida. Department of State, June 10, 1797.

THE Secretary of State respectfully reports to the President of the United States, the substance of the information. received the 8th instant, from Andrew Ellicott, Esquire, the commissioner of the United States appointed to run the boundary line between their territory and his catholick majesty's colonies of East and West Florida.

Although Mr. Ellicott left Philadelphia, in September, 1796, to proceed, by the Ohio and Mississippi rivers, to the Natchez, the place appointed by the treaty with Spain,