A treaty between the United States and His Catholic Majesty, 27th October, 1795.

A TREATY BETWEEN THE UNITED STATES AND HIS CATHOLIC MAJESTY.

HIS Catholic Majesty and the United States of America, desiring to consolidate on a permanent basis, the friendship and good corre|spondence, which happily prevails between the two parties, have determined to establish by a Convention, several points, the settlement where|of will be productive of general advantage and reciprocal utility to both nations.

With this intention his Catholic Majesty has appointed the most excellent lord, don Manuel de Godoy, and Alvarez de Faria, Rioa, Sanchez, Zarzoza, Prince de la Paz, duke de la Alcudia, lord of the Soto de Roma, and of the state of Albalá, Grandee of Spain of the first class, per|petual regidor of the city of Santiago, Knight of the Illustrious Order of the Golden Fleece, and Great Cross of the Royal and distinguished Spa|nish Order of Charles III. Commander of Va|lencia, del Ventoso, Rivera, and Acenchal in that of Santiago: Knight and Great Cross of the Religious Order of St. John•• Counsellor of State: First Secretary of State, and Despacho: Secretary to the Queen: Superintendent General of the Posts and Highways: Protector of the Royal Academy of the Noble Arts, and of the Royal Societies of Natural History, Botany, 〈…〉〈…〉 Gentleman of the 〈◊〉〈◊〉

chamber 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 Tho|mas Pinckney, a Citizen of the United States, and their Envoy Extraordinary to his Catholic Ma|jesty. And the said Plenipotentiaries have agreed upon and concluded the following Articles.

ARTICLE I.

There shall be a firm and inviolable peace and sincere friendship between his Catholic Majesty, his successors and subjects, and the United States, and their Citizens, without exception of persons or places.

ARTICLE II.

To prevent all disputes on the subject of the boundaries which separate the territories of the two high contracting parties, it is hereby declar|ed and agreed 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 Missisipi at the northern|most 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 Apala|chicola or Catahsuche thence along the middle thereof to its junction with the Flint: thence straight to the head of St. Marys 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 in the territory of the other according to the

abovementioned boundaries, they shall be with|drawn from the said territory within the term of six 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.

ARTICLE III.

In order to carry the preceeding article into effect, one commissioner and one surveyor shall be appointed by each of the contracting parties, who shall meet at the Natchez on the left side of the river Missisipi before the expiration of six months from the ratification of this convention, and they shall proceed to run and mark this boundary according to the stipulations of the said article. They shall make plats and keep journals of their proceedings, which shall be considered as part of this convention, and shall have the same force as if they were inserted therein. And if on any account it should be found necessary that the said commissioners and surveyors should be accompanied by guards, they shall be furnished in equal proportions by the commanding officer of his majesty's troops in the two Floridas, and the commanding officer of the troops of the United States in their 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 in|struments, and making every other arrangement which may be necessary or useful for the exe|cution of this article.

ARTICLE IV.

It is likewise agreed that the western boundary of the United States which separate them from the Spanish colony of Louissiana, is in the middle of the channel or bed of the river Missisipi 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 Ma|jesty 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.

ARTICLE V.

The two high contracting parties shall by all the means in their power maintain peace and harmony among the several Indian nations who inhabit the country adjacent to the lines and ri|vers which by the preceding articles form the boundaries of the two Floridas. And the better to attain this effect, 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 her Indians to attack the citizens of the United States nor the Indians inhabiting their territory; nor will the United States permit their last mentioned Indians to commence hostilities against the sub|jects of his Catholic majesty or his Indians in any manner whatever.

And whereas several treaties of friendship ex|ist between the two contracting parties and the

said nations of Indians, it is hereby agreed that in future no treaty of alliance or other whatev|er (except treaties of peace) shall be made by ei|ther party with the Indians living within the boundary of the other, but both parties will en|deavour to make the advantages of the Indian trade common and mutually beneficial to their re|spective subjects and citizens, observing in all things the most complete reciprocity, so that both parties may obtain the advantages arising from a good understanding with the said nations without being subject to the expense which they have hi|therto occasioned.

ARTICLE VI.

Each party shall endeavor 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 re|stored 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 sub|jects have taken possession of the said effects.

ARTICLE VII.

And it is agreed that the subjects or citizens of each of the contracting parties, their vessels, of effects shall not be liable to any embargo or de|tention on the part of the other for any military expedition or other public or private purpose 〈…〉〈…〉 And in all cases of seizure, deten|tion

or arrest for debts contracted, or offences commited 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 re|gular course of proceedings usual in such cases. The citizens and subjects of both parties shall be allowed to employ such advocates, solicitors, no|taries, agents, and factors, as they may judge proper in all their affairs and in all their trials at law, in which they may be concerned before the tribunals of the other party, and such agents shall have free access to be present at the pro|ceedings in such causes and at the taking of all examinations and evidence which may be ex|hibited in the said trials.

ARTICLE 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 thro' stress of weather, pursuit of pirates or enemies, or any other urgent necessity for seeking of shel|ter and harbor, 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 favor, protec|tion and help, and they shall be permitted to re|fresh and provide themselves at reasonable rates with victuals and all things needful for the sus|tenance 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 wither they please without any let or hindrance.

ARTICLE IX.

All ships and merchandize of what nature so|ever 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 entire to the true proprietor, as soon as due and sufficient proof shall be made concerning the property thereof.

ARTICLE X.

When any vessel of either party shall be wrecked, foundered or otherwise damaged on the coasts, or within the dominion of the other, their respective subjects or citizens shall receive as well for themselves as for their vessels and effects, the same assistance which would be due to the in|habitants of the country where the damage happens and shall pay the same charges and dues only as the said inhabitants would be subject to pay in a like case: And if the operations of re|pair would require that the whole or any part of the cargo be unladen they shall no duties, char|ges or fees on the part which they shall relade and carry away.

ARTICLE XI.

The citizens and subjects of each party shall have power to dispose of their personal goods within the jurisdiction of the other by testament donation or otherwise, and their representatives

being subjects or citizens of the other party shall succeed to their said personal goods whether by testament or abintertato, and they may take possession thereof either by themselves or others acting for them and dispose of the same at their will paying such dues only as the inhabitants of the country wherein the said goods are, shall be subject to pay in like cases.

And in case of the absence of the representa|tive such care shall be taken of the said goods as would be taken of the goods of a native in like case until the lawful owner may take mea|sures for receiving them. And if questions shall arise among several claimants to which of them the said goods belong, the same shall be decided finally by the laws and judges of the land wherein the said goods are. And where on the death of any person holding real estate with|in the territories of the one party such real estate would by the laws of the land descend on a ci|tizen or subject of the other were he not dis|qualified by being an alien such subject shall be allowed a reasonable time to sell the same and to withdraw the proceeds without molestation and exempt from all right of detraction on the part of the government of the respective States.

ARTICLE XII.

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 ports and havens not only her pass-ports but likewise certificates expressly shewing that her goods are not of the number of those which have been prohibited as contraband.

ARTICLE XIII.

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 mer|chants in the cities and towns where they shall live for collecting and transporting their goods and merchandizes: and if any thing be taken from them or any injury be done them within that term, by either party, or the people or sub|jects of either, full satisfaction shall be made for the same by the government.

ARTICLE XIV.

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 privateers against the said United States, or against the citi|zens, people or inhabitants of the said United States, or against the property of any of the in|habitants of any of them, from any prince or state with which the said United States shall be at war.

Nor shall any citizen, subject or inhabitant of the said United States apply for or take any com|mission 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 take such commissions or letters of marque he shall be punished as a pirate.

ARTICLE XV.

It shall be lawful for all and singular the sub|jects of his Catholic Majesty, and the citizens, people and inhabitants of the said United States to sail with their ships with all manner of liberty and security, no distinction being made who are the proprietors of the merchandizes laden there|on, from any port to the places of th••se who now are, or hereafter shall be at enmity with his Ca|tholic majesty or the United States. It shall be likewise lawful for the subjects and inhabitants aforesaid to sail with the ships and merchandizes aforementioned, and to trade with the same lib|erty and security from the places, ports and ha|vens 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 go••ds, and that every thing shall be deemed free and exempt which shall be found on board the ships belong|ing to the subjects of either of the contracting parties, although the whole 〈◊〉〈◊〉 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 〈…〉〈…〉, so that al|though

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 ser|vice of the enemies.

ARTICLE XVI.

This liberty of navigation and commerce shall extend to all kinds of merchandizes excepting those only which are distinguished by the name of contraband: and under this name of contra|band 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, halberts mortars, petards, grenades, salt petre, muskets, 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 merchandizes which follow shall not be reckoned among con|traband 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 ma|terials whatever, all kinds of wearing apparel, to|gether with all species whereof they are used to be made: gold and silver, as well coined as un|coined, tin, iron, latten, copper, brass, coals: as also wheat, barley, and oats, and any other kind of corn and pulse; tobacco, and likewise all manner of spices, salted 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, ta••, pitch, ropes, cables, sails, sail cloths, anchors, and any parts of anchors, also ships masts, planks and wood of all kind, and all things proper ei|ther for building or repairing ships, and all other goods whatever which have not been worked in|to the form of any instrument prepared for war by land or by sea, shall not be reputed contra|band, much less such as have been already wrought and made up for any other use: al which shall be wholly reckoned among ••re•• goods: as likewise all other merchandizes and things which are not comprehended and particu+larly mentioned in the foregoing enumeration o•• contraband goods: so that they may be transport+ed and carried in the freest manner by the sub+jects of both parties, even to places belonging to an enemy, such towns or places being only ex|cepted as are at that time besieged, blocked up or invested. And except the cases in which any ship of war, or squadron shall, in consequenc•• of storms or other accidents at sea, be under th•• necessity of taking the cargo of any trading ves+sel or vessels, in which case they may stop th•• said vessel or vessels, and furnish themselves with necessaries giving a receipt in order that the pow+er 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 ap|pear 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 im|mediately pay the value of the receipts, and in|demnify the proprietor for all losses which he may have sustained in consequence of such transac|tion.

ARTICLE XVII.

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 of passports, expressing the name, pro|perty, 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 e|very year, that is, if the ship happens to return home within the space of a year.

It is likewise agreed that such ships being lad|en, are to be provided not only with passports as above-mentioned, but also with certificates, con|taining 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 circum|stances of this omission having been well exa|mined, they shall be adjudged to be legal prizes, unless they shall give legal satisfaction of their property by testimony entirely equivalent.

ARTICLE XVIII.

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 priva|teer for the avoiding of any disorder shall re|main out of cannon shot, and may send their boats aboard the merchant ship which they shall so meet with, and may enter her to number of two or three men only, to whom the master or commander of such ship or vessel shall exhibit his pass-ports concerning the property of the ship made out according to the form inserted in this present treaty, and the ship when she shall have shewed such pass-port shall be free and at liberty to pursue her voyage, so as it shall not be lawful to molest or give her chace in any man|ner, or force her to quit her intended course.

ARTICLE XIX.

Consuls shall be reciprocally established with the privileges and powers which those of the most favored nations enjoy in the ports where their consuls reside or are permitted to be.

ARTICLE XX.

It is also agreed that the inhabitants of the territories of each party shall respectively have free access to the courts of justice of the other, and they shall be permitted to prosecute suits for the recovery of their properties, the payment of their debts, and for obtaining satisfaction for the damages which they may have sustained, whether the persons whom they may sue be subjects or ci|tizens of the country in which they may be found, or any other persons what ever who may have taken refuge therein; and the proceedings and sentences of the said courts shall be the same as if the co••tending parties had been subjects or citizens of the said country.

ARTICLE XXI.

In order to terminate all differences on account of the losses sustained by the citizens of the United States in consequence of their vessels and cargoes having been taken by the subjects of his Catholic majesty, during the late war between Spain and France, it is agreed that all such cases shall be referred to the final decision of commis|sioners to be appointed in the following manner. His Catholic majesty shall name one commission+er, and the President of the United States, by and with the advice and consent of their Senate, shall appoint another, and the said two commissioners shall agree on the choice of a third or if they cannot agree so, they shall each propose one per|son, and of the two names so proposed one shall be drawn by lot in the presence of the two ori|ginal

commissioners, and the person whose name shall be drawn shall be the third commissioner: and the three commissioners so appointed shall be sworn impartially to examine and decide the claims in question according to the merits of the several cases, and to justice, equity and the laws of nations. The said commissioners shall meet and sit at Philadelphia; and in the case of the death, sickness, or necessary absence of any such commissioner, his place shall be supplied in the same manner as he was first appointed, and the new commissioner shall take the same oaths and do the same duties. They shall receive all complaints and applications authorized by this ar|ticle during eighteen months from the day on which they shall assemble. They shall have pow|er to examine all such persons as come before them on oath or affirmation touching the com|plaints in question, and also to receive in evidence all written testimony authenticated in such man|ner as they shall think proper to require or ad|mit. The award of the said Commissioners or any two of them shall be final and conclusive, b•••••• as to the justice of the claim and the amount of the sum to be paid to the claimants; and his C••••••olic majesty undertakes to cause the same to be paid in specie, without deduction, at such times and places, and under such conditions as shall be awarded by the said commissioners.

ARTICLE XXII.

The two high contracting parties, hoping that the good correspondence and friendship which hap|pily reigns between them, will be further encreas|ed

by this treaty, and that it will contribute to augment their prosperity and opulence, will in future give to their mutual commerce all the ex|tension and favor which the advantages of both countries may require.

In consequence of the stipulations contained in the fourth article, his Catholic majesty will per|mit the citizens of the United States for the space of three years from this time to deposit their merchandizes and effects in the port of New Or|leans and to export them from thence without paying any other duty than a fair price for the hire of the stores, and his majesty promises either to continue this permission, if he finds during that time that it is not prejudicial to the interests of Spain, or if he should not agree to continue it there, he will assign to them on another part of the banks of the Missisipi an equivalent establish|ment.

ARTICLE XXIII.

The present treaty shall not be in force until ratified 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 ple|nipotentiaries of his Catholic majesty and of the United States of America have signed this present treaty of friendship, limits, and navigation, and have thereunto affixed our seals respectively.

Done at San Lorenzo et Real this seven and twentieth day of October one thousand seven hundred and ninety five.

• THOMAS PINCKNEY L. S.
• PRINCIPE DE LA PAZ L. S.