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tory under that denomination, as it was convenient for him to hold, or dispose of, in America. In 1803, France sold Louisiana to the United States, with the same description of limits as was contained in her treaty with Spain, and, of course, vested in them all her claims. When the question arose between the United States and Spain, as to these limits, France very readily declared that they embraced no territory eastward of the Mississippi, and but a narrow strip on the west. The French settlement in the bay of St. Barnard, by virtue of which the province of Texas was claimed to be within the limits of Louisiana, was broken up and destroyed by the Spaniards, in 1689, and several establishments on the coast of Texas, were afterwards made by Spain. In the year 1805, a special commission, consisting of Monroe and Pinkney, on the part of the United States, and Don Pedro Cavallos on the part of Spain, met at Aranjuez, with full power to settle the question of the limits of Louisiana, and other subjects of controversy between the two nations, and after spending five months, and writing volumes of diplomacy on the subject of limits, separated, without coming to any result. In the negotiations of 1818, as it was agreed that Spain should cede to the United States all her territory eastward of the Mississippi, the boundary of Louisiana, on that quarter, ceased to be of any consequence, only as it related to the value at which the Floridas should be estimated, in the compromise.

Western boundary agreed on. On the west, the United States agreed to relinquish their claim to the province of Texas, a territory several times as large, and much more valuable, than both the Floridas, their title to which, however, was very questionable; and the south western boundary, between the United States and the Spanish dominions in America, was finally established to be a line beginning at the Sabine river, on the gulf of Mexico, two hundred and fifty miles westward of the mouth of the Mississippi, and running in a northerly and westerly direction, to the 42d degree of north latitude, and from thence, on that parallel, to the Pacific ocean. The northern boundary, between the United States and the possessions of Great Britain, from the head waters of lake Superior to that ocean, being on the 49th parallel.of latitude, the United States, by virtue of the Louisiana purchase, possess a territory of seven degrees, or about five hundred miles, in width, the whole extent of the continent westward of the Mississippi. The distance

in a direct line, having never been ascertained, is variously estimated, from two to three thousand miles.

The other claims on the part of the United States, introduced into the negotiation rather for the purpose of meeting claims on the part of Spain, than from the expectation of obtaining any pecuniary satisfaction, were, the suspension of the right of deposit at New Orleans; and the injury sustained in consequence of the Spanish authorities in the Floridas supplying the Indians with munitions of war, and encouraging their hostilities, instead of restraining them, agreeable to the terms of the treaty of 1795.

While Spain was in possession of both banks of the Mississippi, near its mouth, the privilege secured to the United States, of the free navigation of that river, was of little consequence to their citizens, unless they could have a place of deposit in the Spanish territory, where the productions of the valley of the Mississippi, which descended that river in boats and rafts, could be transhipped in sea vessels, to foreign markets. By the treaty of 1795, it was stipulated that the United States should enjoy this privilege at New Orleans, until the Spanish government should designate some other place on the river, equally convenient for that purpose. In a few years afterwards, the Spanish superintendent of finance, at New Orleans, arbitrarily suspended this privilege, without designating any other place, under pretence that it was made use of to cover smuggling, and defraud the revenue. On a remonstrance to the Spanish government, the privilege was restored. The damages sustained in consequence of this suspension, formed one subject of claim upon the Spanish government, from that time until the signing of the treaty of 1819. Though it operated as a serious injury to the citizens of the west, yet no individual could claim any definite sum, as the amount of his loss. The suspension, however, formed an item of considerable consequence in the negotiation to balance Spanish claims. It has led to the purchase of Louisiana, an event incalculably of more consequence than all the losses sustained by the suspension.

The countenance given by the Spanish governor of Florida to the Seminole Indians and runaway negroes within his borders, in their hostilities against the United States, contrary to the provisions of the treaty of 1795, were among the principal causes of the depredations on the southern frontier, and the subsequent Seminole war. But as the American government had taken a temporary possession of

the Floridas, and in this manner redressed themselves, it now only formed an item to balance the claims of Spain for taking possession of the territory.

On the other hand, the demands of Spain against the United States were, for permitting a military expedition to be fitted out at New York, under Miranda, against her American colonies; for damages sustained by reason of privateers fitted out in the ports of the United States, with American capital, and manned by American seamen, cruising under the flag of her revolted colonies, against Spanish commerce; and the forcible seizure of the Floridas by the troops under General Jackson. The plenipotentiaries being unable to come to any adjustment of these subjects, they were waived, and by the treaty, which was ultimately ratified, mutually discharged.

Fraudulent grants. At the instance of the Spanish minister, the negotiation was suspended from March to October, 1818. In the mean time, the American government received information from their minister at Madrid, that the king of Spain, soon after he had authorized Don Onis to cede the Floridas to the United States, in satisfaction of their claims, had conveyed away all the public or crown lands in the Floridas to three of his subjects; so that the United States, by the cession, would obtain nothing but an empty and expensive jurisdiction, without any ungranted territory out of which their citizens, who had suffered by Spanish spoliations, might be indemnified. Although the American minister was unable to obtain copies of these alienations, or learn their precise dates, he acquired such information on the subject as placed the matter beyond a doubt.

In January, 1819, the Spanish minister having received fresh instructions from his sovereign, the negotiation was Irenewed. Mr. Adams expressed in forcible terms to Don Onis, the views of the American government in relation to the recent grants of the crown lands in the Floridas; that it was a direct and palpable fraud attempted to be practiced upon them, of which they would not be the dupes; and that no treaty would be made unless these grants were annulled, or some other adequate provision made to remunerate their citizens.

Terms of the treaty. On the 22d of February, a treaty was concluded, which contained a stipulation, that all grants made by the crown of Spain subsequent to the 24th of January, 1818, of Florida lands, should be void. It provided,

that the American government should remunerate its citizens to an amount not exceeding five millions of dollars, which should be in full satisfaction of all claims either on the French or Spanish governments, for depredations committed on their commerce by the Spaniards, or by French cruisers in the waters of Spain, or where the captured ves sels were carried in, and condemned in Spanish ports; and that Spain might have the benefit of all claims on the French government for remuneration. The treaty also provided for a mutual renunciation of all other claims existing between the two nations. In the course of the negotiation, it was strongly urged on the part of Spain, that the American government should stipulate not to recognize the independence of the Spanish American republics. This was not acceded to, and the United States were left free to act on that subject, as circumstances, in their judgment, should require.

Delay in ratifying the treaty. The treaty was immediately laid before the senate, approved by them, and ratified by the president on the 25th of the same month. Mr. Forsyth, of Georgia, was appointed special envoy to the court of Spain, and dispatched with the treaty to exchange ratifications. From the length of time the negotiation had been pending, and the minute discussion which every topic connected with the treaty had undergone, both at Washington and Madrid, it was confidently expected that it would be promptly ratified on the part of the Spanish government : and the Hornet, which took out Mr. Forsyth, was directed to wait at Cadiz for that event, and bring home the ratified treaty. Further delay and evasion on the part of Spain was the less to be expected, as the Floridas had long since ceased to be of any pecuniary or political advantage to her.. The expenses of the colonial government were burthensome to the parent state, whose authority had become merely nominal. It was evident that they must soon pass into other hands; and Spain had now an opportunity of extinguishing a long existing claim of great magnitude, by parting with what was of no value to her, and what, in all events, she must soon lose. This expectation was confirmed by advert. ing to the strong and unusual expressions of the king, in the full powers given to Don Onis, and communicated to the president, by virtue of which the treaty was concluded. "We do hereby oblige ourselves and promise," say the full powers, "on the faith and word of a king, to approve, ratify, and fulfil it; and cause to be inviolably observed and

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fulfilled, whatever may be stipulated and signed by you, to which intent and purpose I grant you all authority and full power, in the most ample form." But the United States had as yet only got through with the first chapter of Spanish intrigues and tergiversations. The treaty, ratified on the part of the United States, was immediately transmitted to his government by a special messenger from Don Onis, and arrived there early in April. On the 19th of May, the American minister presented his credentials to the Spanish government, informing their minister of foreign relations of his readiness to exchange ratifications whenever it might suit his convenience, and wishing it might be done at an early day, that it might be sent to the United States by their vessel then waiting at Cadiz to take charge of it. Not receiving any answer to this communication, on the 4th of June, he addressed another of the same purport to the minister; and on the 19th received an answer, stating that in view of the great importance of the treaty, his majesty must examine it with the greatest caution and deliberation, before he proceeds to ratify it.

Mr. Forsyth, disgusted and deeming his government insulted by this procrastination, replied in terms inconsistent with diplomatic courtesy, expressing his astonishment at the delay, and his conviction that Spain dare not refuse the ratification; and that the United States knew well how to punish such an act of perfidy, should there be occasion. After a further delay of nearly two months, the Spanish minister, on the 10th of August, replied, expressing his disapprobation of the insulting language, as he termed it, of Mr. Forsyth, and informing him of the determination of his catholic majesty to send a special envoy to the United States to require explanations, before the treaty could be ratified. The time limited by the terms of the treaty for the exchange of ratifications expiring on the 22d of August, Mr. Forsyth notified the Spanish government, that after that period, the treaty not being ratified, all the claims of the United States upon Spain would be uncancelled, and his government free to enforce them in any manner that its honor and interest might require. Afterward, a fruitless discussion of the question, whether, upon the principles of national law, and the peculiar expressions of the king of Spain in his commission to Don Onis, he was bound in all events to ratify the treaty, terminated the correspondence of Mr. Forsyth and the Spanish minister upon the subject.

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