« ΠροηγούμενηΣυνέχεια »
in the sea, continuing north, along the western bank of that river, to the 32d degree of latitude; thence, by a line due north, to the degree of latitude where it strikes the Rio Roxo of Natchitoches, or Red River ; then, following the course of the Rio Roxo westward, to the degree of longitude 100 west from London and 23 from Washington; then, crossing the said Red River, and running thence, by a line due north, to the river Arkansas ; thence, following the course of the southern bank of the Arkansas, to its source, in latitude 42 north; and thence, by that parallel of latitude, to the South Sea. The whole being as laid down in Melish's map of the United States, published at Philadelphia, improved to the first of January, 1818. But, if the source of the Arkansas river shall be found to fall north or south of latitude 42, then the line shall run from the said source due south or north, as the case may be, till it meets the said parallel of latitude 42, and thence, along the said parallel, to the South Sea : 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 of the waters, and the navigation of the Sabine to the sea, and of the said rivers Roxo and Arkansas, throughout the extent of the said boundary, on their respective banks, shall be common to the respective inhabitants of both nations.(1)
755. The two high contracting parties agree to cede and renounce all their rights, claims, and pretensions, to the territories described by the said line ; that is to say: the United States hereby 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 (1)
756. All the grants of land made before the twenty-fourth of January, 1818, by his catholic majesty, or by his lawful authorities, in the said ter. ritories 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 nation, 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 twenty-fourth of January, 1818, when the first proposal, on the part of his catholic ma. jesty, for the cession of the Floridas, was made, are hereby declared, and agreed to be, null and void.(2)
757. Her majesty the queen regent and governess, in the name and in behalf of her catholic majesty Donna Ysabel II., engages to pay to the United States, as the balance on account of the claims aforesaid, (preferred by U.S.) the sum of twelve millions of rials vellon, in one or several inscriptions, as preferred by the government of the United States, of perpetual rents, on the great book of the consolidated debt of Spain, bearing an interest of five per cent. per annum. Said inscription or inscriptions shall be issued in conformity with the model or form annexed to this convention, and shall be delivered in Madrid to such person or persons as may be authorized by the government of the United States to receive them, within four months after the exchange of the ratifications. And said inscriptions, or the proceeds thereof, shall be
(1) Treaty 22nd Feb, 1819, Art. 3. (2) Ib. Art. 8.
distributed by the government of the United States among the claimants entitled thereto, in such manner as it may deem just and equitable.(1)
The interest of the aforesaid inscription or inscriptions shall be paid in Paris every six months, and the first half-yearly payment is to be made six months after the exchange of the ratifications of this convention.(2)*
758. The high contracting parties, in virtue of the stipulation contained in article first, reciprocally renounce, release, and cancel all claims which either may have upon the other, of whatever class, denomination, or origin they may be ; from the twenty-second of February, one thousand eight hundred and nineteen, until the time of signing this convention.(3)
759. On the request of the minister plenipotentiary of her catholic ma. jesty at Washington, the government of the United States will deliver to him, in six months after the exchange of the ratifications of this convention, a note or list of the claims of American citizens against the government of Spain, specifying their amounts respectively, and three years afterwards, or sooner if possible, authentic copies of all the documents upon which they may have been founded.(4)
760. The treaty of limits and navigation, of 1795, remains confirmed in all, and each one of its articles, excepting the 2, 3, 4, 21, and the second clause of the 22d article, which, having been altered by this treaty, or having received their entire execution, are no longer valid.(5)
761. The merchant ships of either of the parties, which shall be making 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 grounds of suspicion, shall be obliged to exhibit, as well upon the high seas as in the poris and havens, not only her passports, but likewise certificates, expressly showing that her goods are not of the number of those which have been prohibited as contraband.(6)
762. For the better promoting of commerce on both sides, it is agreed, that if a war shall break out between the said two nations, one year, after the proclamation of war, shall be allowed to the merchants, in the cities and towns where they shall live, for the collecting and transporting their goods and merchandises: and if any thing be taken from them, or any injury be done them within that term, by either party, or the people or subjects of either, full satisfaction shall be made for the same by the government.(7)
763. No subject of his catholic majesty shall apply for, or take any commission or letters of marque, for arming any ship or ships to act as priva. teers against the said 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 said Cnited States shall be at war.(8)
Nor shall any citizen, subject, or inhabitant, of the said United States, apply for, or take, any commission, or letters of marque, for arming any ship or ships 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 said king shall be at war. And if any person of either nation shall
(1) Convention 17th Feb. 1834, Art. 1. (5) Treaty of 1819, Art. 12. cl. 1. (2) Ibid. Art. 2.
86) Treaty of 1795, Art. 12. (3) Ibid. Art. 3.
(7) Ibid. Art. 13. (4) Ibid. Art. 4.
(8) Ibid. Art. 14.
• Ratifications were exchanged at Madrid, 14th of August, 1834.
† This article is confined to private armed vessels, and does not extend to public slips.-The Santissima Trinidad, 7 Wh. 284.
take such commission or letters of marque, he shall be punished as a pirate.(1)
764. It shall be lawful for all and singular the subjects of his catholic majesty, and the citizens, people, and inhabitants, of the United States, to sail with their ships, with all manner of liberty and security, no distinction being made who are the proprietors of the merchandises laden thereon, from any port to the places of those who now are, or hereafter shall be, at enmity with his catholic majesty or the United States. It shall be likewise lawful for the subjects and inhabitants aforesaid, to sail with the ships and merchandises afore mentioned, and to trade with the same liberty and se curity from the places, ports, and havens, of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy aforementioned, to neutral places, but also from one place belonging to an enemy, to another place belonging to an enemy, whether they be under the jurisdiction of the same prince or under several ; and it is hereby stipulated, that free ships shall also give freedom to goods, and that every thing shall be deemed free and exempt which shall be found on board the ships belonging to the subjects of either of the con. tracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either; contraband goods being always excepted. It is also agreed, that the same liberty be extended to persons who are on board a free ship, so that although they be enemies to either party, they shall not be made prisoners or taken out of that free ship, unless they are soldiers and in actual service of the enemies.(2)*
With respect to the fifteenth article of the 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 under: stood with respect to those powers who recognise 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.(3)
765. This liberty of navigation and commerce shall extend to all kinds of merchandises, excepting those only which are distinguished by the name of contraband, and under this name of contraband, or prohibited goods, shall be comprehended, arms, great guns, bombs with the fusees, and the other things belonging to them, cannon ball, gunpowder, match, pikes, swords, lances, spears, halberds, mortars, petards, grenades, saltpetre, mus. kets, musket ball, bucklers, helmets, breast plates, coats of mail, and the like kinds of arms, proper for arming soldiers ; musket rests, belts, horses with their furniture, and all other warlike instruments whatever. These merchandises which follow, shall not be reckoned among contraband or prohibited goods ; that is to say: all sorts of cloths, and all other manufactures woven of any wool, flax, silk, cotton, or any other materials whatever; all kinds of wearing apparel, together with all species whereof they are used to be made; gold and silver, as well coined as uncoined ; tin, iron, latten, copper, brass, coals; as also wheat, barley, and oats, and other kind of corn and pulse ; tobacco, and likewise all manner of spices, salted
• 5 (
(1) Treaty of 1795. (2) Ibid, Art, 15.
(3) Treaty of 1819, Art. 12. cl. 2.
* The form of the passport by which the freedom of the ship was to have been conclusively established never having been duly annexed to the treaty, the proprietary interest of the ship is to be proven according to the ordinary rules of the prize court, and if then shown to be Spanish, will protect the cargo on board to whomsoever the latter may belong.– The Amiable Isabella, 6 Wh. 1.
and smoked flesh, salted fish, cheese, and butter ; beer, oils, wines, sugars, and all sorts of salts; and, in general, all provisions which serve for the sustenance of life: furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sail cloths, anchors, and any parts of anchors, also ships' masts, planks, and wood of all kind, and all other things proper either for building or repairing ships, and all other goods whatever, which have not been worked into the form of any instrument prepared for war, by land or by sea, shall not be reputed contraband ; much less, such as have been already wrought and made up for any other use ; all which shall be wholly reckoned among free goods : as likewise, all other merchandises and things which are not comprehended and particularly mentioned in the foregoing enumeration of contraband goods : so that they may be transported and carried in the freest manner by the subjects of both parties, even to places belonging to an enemy, such towns or places being only excepted, as are at that time besieged, blocked up, or invested. And, except the cases in which any ship of war, or squadron, shall, in consequence of storms or other accidents at sea, be under the necessity of taking the cargo of any trading vessel or vessels, in which case they may stop the said vessel or vessels, and furnish themselves with necessaries, giving a receipt, in order that the power to whom the said ship of war belongs, may pay for the articles so taken, according to the price thereof, at the port to which they may appear to have been destined by the ship’s papers : and the two contracting parties engage, that the vessels shall not be detained longer than may be absolutely necessary for their said ships to supply themselves with necessaries. That they will immediately pay the value of the receipts, and indemnify the proprie. tor for all losses which he may have sustained in consequence of such transaction (1)
766. To the end, that all manner of dissentions and quarrels may be avoided and prevented on one side and the other, it is agreed, that in case either of the parties hereto, should be engaged in a war, the ships and vessels belonging to the subjects or people of the other party, must be furnished with sea letters or passports, expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master or commander of the said ship, that it may appear thereby, that the ship really and truly belongs to the subjects of one of the parties; which passport shall be made out and granted according to the form annexed to this treaty. They shall likewise be recalled every year, that is, if the ship happens to return home within the space of a year.(2)*
767. It is likewise agreed, that such ships being laden, are to be provided not only with passports as above mentioned, but also with certificates, containing the several particulars of the cargo, the place whence the ship sailed, that so it may be known whether any forbidden or contraband goods be on board the same ; which certificates shall be made out by the officers of the place whence the ship sailed, in the accustomed form ; and if any one shall think it fit or advisable to express in the said certificates, the person to whom the goods on board belong, he may freely do so, without which requisites they may be sent to one of the ports of the other contracting party, and adjudged by the competent tribunal, according to what is above set forth, that all the circumstances of this omission having been well ex
(1) Treaty of 1795, Art. 16. cl. 2.
(2) Ibid. Art. 17.
* This article so far as it purports to give any effect to passports, is imperfect and inoperative, in consequence of the omission to annex the form of passport to the treaty.—The Amiable Isabella, 6 Wh. 1.
amined, they shall be adjudged to be legal prizes, unless they shall give legal satisfaction of their property by testimony entirely equivalent.(1)*
768. If the ships of the said subjects, people, or inhabitants, of either of the parties, shall be met with, either sailing along the coasts or on the high seas, by any ship of war of the other, or by any privateer, the said ship of war or privateer, for the avoiding of any disorder, shall remain out of cannon shot, and may send their boats aboard the merchant ship, which they shall so meet with, and may enter her to the number of two or three men only, to whom the master or commander of such ship or vessel shall exhibit his passports, concerning the property of the ship, made out according to the form inserted in this present treaty, and the ship, when she shall have showed such passport, shall be free and at liberty to pursue her voyage, so as it shall not be lawful to molest or give her chase in any man. ner, or force her to quit her intended course.(1)
769. Consuls shall be reciprocally established with the privileges and powers which those of the most favoured nations enjoy, in the ports where their consuls reside, or are permitted to be.(2)
970. Both contracting parties, wishing to favour 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 customary 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 arrested, held in custody, and delivered to the vessel to which they shall belong (3)
771. Each party shall endeavour, by all 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 extent of their jurisdiction by sea or by land, and shall use all their efforts to recover and cause to be restored to the right owners, their vessels and effects, which may have been taken from them within the extent of their said jurisdiction, whether they are at war or not with the power whose subjects have taken possession of the said effects.(4)
772. And it is agreed, that the subjects or citizens of each of the contract. ing parties, their vessels or effects, shall not be liable to any embargo or detention on the part of the other, for any military expedition or other public or private purpose whatever. And in all cases of seizure, detention, or ar. rest, 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 prosecuted by order and 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 to employ such advocates, solicitors, nota
(1) Treaty of 1795, Art. 18. (2) Treaty of 1795, Art. 19.
(3) Treaty of 1819, Art. 13.
The term “subject" in this article, embraces all persons domiciled in the Spanish dominions. The Pizarro, 2 Wheat. 227.
+ This article applies exclusively to the protection and defence of Spanish ships within our territorial jurisdiction, when captured within the same.—The Santissima Trinidad, 7 Wh. 284.