Relations with Spain. the Columbia? It only makes mention of the Mississippi, or river of St. Louis, and of the waters emptying therein; and if, under the sanction of that grant, it were allowable to include, without reserve, all the lands washed by those waters, or all those which might come in contact with them, it would perhaps be no difficult matter to extend that pretension to the remotest rocks of Patagonia, and even to the South pole. ed, through the unalterable opposition of your Government, there can be no room for apprehension or regret as to the opinion which will be formed by the impartial world on this point. by you, and I candidly confess that I have continued in the same uncertainty. When two nations cannot meet on points upon which they may disagree, a spirit of equity and the love of justice require, and the law of nations points out, a recourse to the arbitrament of an impartial third party. This maxim, so deserving of respect, was adopted by the United States themselves on the occasion of their acceptance of the I have demonstrated, by the most abundant mediation of Russia in their differences with evidence, what are the unquestionable boundaries Great Britain; and also on that of their agreewhich divide the Spanish possessions from those ment with the latter Power to submit to arbitraof this Republic; and notwithstanding nothing ment whatever difficulties might arise in the sethas been produced by the United States to estab- tlement of their boundaries. A similar course lish their pretensions, and that the rights of Spain has been adopted by all nations under similar have hitherto been acknowledged and notorious, circumstances; and, in fact, what mode is there, without any Power ever having disputed the when two nations (or two individuals in particproperty which she has, and always has had, ular cases) cannot agree upon a certain point, since the sixteenth century, in the aforesaid ter- each one conceiving they have reason and justice ritories, the Government of His Catholic Majesty on their side, but to submit the question to the is, and at all times has been, ready to produce the impartial judgment and decision of a third party, titles and documents in support of its rights, for chosen to their mutual satisfaction? Spain, conthe greater conviction and satisfaction of your vinced that this mode was the fairest and most Government, and for the impartial comparison of expeditious, was anxious to adopt it, with all the them with those which may be presented by the sincerity and good faith which have characterUnited States. You have declined these, in con-ized her; and in the event of its not being adoptsequence, as you inform me, of the order you have received from the President, which only requires that I should subscribe to what he has been pleased to decide on; and, in case I do not agree to this, nothing further is wished to be heard in In reference to what you state respecting the support of the rights of Spain; and that your transmission. by order of the President, to the Government retracts the proposals it has made Minister of the United States at Madrid, of all for the adjustment of the question of boundaries. the evidence and documents relative to the conIn consequence of so peremptory and categorical duct of the Governor of Pensacola and the Coma declaration, and of proposals which have never mandant of St. Marks, with instructions to lay been advanced in the course of the present nego- them before His Catholic Majesty's Governtiation, until your letter of 31st October last, to ment; and the demand, in consequence of the which it is impossible I should yet have received nature of the facts therein exhibited, of the cɔnan answer from my Court, I had no other alter- dign punishment of those officers, I abstain from native than to transmit a copy of your letter to offering further proofs in addition to those I have my Sovereign, which I have done by the Sec- already presented of the good conduct, honoraretary of this Legation; and it will be very sat- ble proceeding, and strict discharge of duty, on isfactory to me to learn that His Majesty, ani- the part of those individuals acting under the mated as he is by the most lively desire to ter- authority of the King, my master, and in conforminate these matters amicably, and on being mity with the existing treaty between the two informed that we are already agreed upon all the nations, as the opportunity will be afforded of exother points, may, in his wisdom, find means to amining and comparing at Madrid the evidence conciliate the wishes of the United States with adduced by Mr. Erving with that which my Gov. the interests and dignity of his Crown. In the ernment has received, or may receive, from the meanwhile, it is necessary I should inform you authorities whose duty it is to transmit it. If, that as the proposals made to me in the name of upon such examination and comparison, it should the President are, as you signify, no longer oblig-appear that the Governor of West Florida and atory, in like manner do those cease to be obligatory which I have made to you by the order of my Government; and that, consequently, the rights of the Crown of Spain are entirely free as to whatsoever appertains to it. I cannot, however, refrain from expressing to you my inability to comprehend upon what grounds the United States decline the proposal of submitting the pending differences, in their actual state, to the judgment and decision of one or more friendly Powers in whom the United States may place full confidence. I have read with the greatest attention the note referred to his officers have conducted themselves improperly, I am confident that due punishment will be inflicted on them; and if, on the other hand, the American General and his officers should be found to have acted in an unjustifiable manner, the United States cannot hesitate to proceed against them, nor to indemnify Spain for the losses and injuries sustained in consequence of the aggression complained of. With respect to the conduct of General Jackson in the invasion of Florida, and the excesses committed there in violation of the sovereignty and dignity of a friendly Power, as they are pub Relations with Spain. lic and notorious, and sufficiently reprobated by in that part of America; and that only such perpublic opinion, and as they are identified with sons have been arrested as have been found viothe subject which has just been referred to, I like-lating the laws of the country, or aiding, with wise abstain from answering the arguments by arms in their hands, banditti and rebels, for the which you have endeavored to justify that officer purpose of subverting good order and public tran in the note I have the honor to reply to. What quillity. ever may be the causes which, in the view of Before I conclude this note, I have to state that, your Government, justified the war against the if the project of the definitive adjustment of all Seminoles, you cannot fail to admit how improb- the differences pending between the two Govable it is that those miserable Indians, feeble, and ernments, which I presented to you on the part wholly destitute as they are, could have pro- of mine, also included the claims for American voked it. In the letter of the chief Boleck to the captures made by the French on the coasts of Governor of St. Augustine, of the 20th Decem- Spain, or carried by them into Spanish ports, and ber, 1816, a copy of which I had the honor to there condemned in the first instance by French transmit to you on the 27th March last, you must consuls, it was a sacrifice agreed to by Spain, have remarked that he speaks of assassinations, with a view to terminate, once for all, these uncarrying off of men and cattle, usurpations of his pleasant disputes, and, by this additional proof of territory, and even forging of treaties for the ces- her condescension and generous friendship for sion of lands, signed or marked by the names of the United States, to conciliate a correspondent persons unknown to the chiefs of the Creek na-proceeding on the part of your Government, from tion, who, he adds, are alone authorized to trans- a respect to national law and the solemn princifer the general property; of all which he accuses ples of justice and equity, as it regards Spain. the Americans. Besides, the friendship and good But this sacrifice, as well as that offered by me understanding existing between the two nations, on the subject of boundaries and the cession of and the treaty itself, on the authority of which the Floridas, ceased to have any effect or force the measures of General Jackson are supported, from the moment your Government refused to decisively required that any complaints which admit the said project, and, consequently, His there might be against the Indians should be laid Catholic Majesty relinquishes to the United States before His Majesty's Government, or before his all the rights they may have to claim of France Minister near this Republic, previous to the adop- for the said prizes condemned by her consuls and tion of violent measures; as it was scarcely pos- tribunals. Whilst that nation exists, no recourse sible that those excesses could be restrained by can in equity be had on Spain for indemnity for His Majesty so long as he remained ignorant of those spoliations. The recourse on Spain can in them, and was only informed of the complaints nowise be considered but as secondary. France, of the continual vexations exercised towards the being the aggressor, comes under the obligation *miserable Indians by the citizens of this Union. as a principal. It was she who derived the benI refrain from attempting any refutation of fit of those prizes, and on her devolves the reyour remarks on the admission, by the Spanish sponsibility for their amount; and Spain has Governor of Florida, of two English traders into only become accountable in this concern as the that province, without orders from His Catholic security or caution of France. In conformity Majesty's Government, or without notifying Gen-with this principle, an opinion has been given by eral Jackson thereof. It is evident that, if he ad- three of the most eminent advocates of this counmitted them by order of the King's Government, try, who were consulted on the subject. It is he was under no obligation to notify the Ameri- also in strict conformity with the principles of can General of it; and if he admitted them with- natural law, and the venerable canons of common out the necessary order, he was solely res onsible justice. It is in vain that reference is had to the to his Sovereign for his conduct. The unques-letter of the existing treaty to suppose and insist tionable fact is, that General Jackson, at the head of his army, fell upon Florida as a haughty invader and conqueror, regardless of the laws of humanity and the feelings of nature, and put to a cruel death two foreigners, who there enjoyed the protection of Spain, and an asylum which has ever been held sacred by all civilized nations; thereby offering an unexampled insult to the sovereignty and independence of Spain; trampling under foot the most solemn compacts, founded on the laws of nations; and contemptuously driving from that province the Spanish commandants and troops in garrison there. Your further remarks on the restrictive system of the Spanish Government are not strictly conformably to the fact; since you cannot be ignorant that explorators, travellers, and even American officers with troops, have, at different periods, traversed the provinces and territories of the Crown of Spain on the contrary. That treaty can never receive an interpretation contradictory of those principles and the dictates of human reason. The obligation of Spain cannot extend farther than to claiming of France, in behalf of the United States, and employing her best endeavors to obtain for them a settlement and satisfaction from that nation; which, however, is to be understood only in case the United States have not already been indemnified by France, as has been repeatedly declared by the French Government, or may have adjusted or abandoned that right by the treaty of 1800, and in subsequent conventions, as I have seen it stated in several public writings in this country. Until I receive fresh orders, it is my duty to insist on the adoption of such measures by your Government as will promptly and effectually put a stop to the piracies which, for a series of years Relations with Spain. In the mean while, I renew to you the assu rance of my distinguished_consideration, and I pray God, &c. LUIS DE ONIS. Don Luis de Onis to the Secretary of State. have been carried on in various parts of this Union against the commerce of Spain. This WASHINGTON, January 16, 1819. system of plunder has been carried to a height SIR: In consequence of the wish expressed by unexampled in history; and the clamors of the you yesterday, in the interview to which you reflecting part of the people of the United States were pleased to invite me, that I would state the denounce it to the whole world as a public proposals for which I am authorized by the fresh calamity. instructions I have received by a special messenAs to the exchange of the ratifications of the ger from my Government, and relying on your convention of 1802, I am ready to proceed to ex-assurances that, notwithstanding the proposals you ecute it with you, whenever you will be pleased had made to me, the President would take those to name a time for that purpose. into consideration which I might make anew for the purpose of settling amicably all pending differences, I have the honor to confirm to you those which I made in my note of the 16th of November last, and to add thereto that His Majesty will agree that the boundary line between the two States shall extend from the source of the MisWASHINGTON, January 11, 1819. souri, westward, to the Columbia river, and along SIR: I have just received a courier extraordi- the middle thereof to the Pacific ocean. If this nary of my Government; and, by the despatches basis should be accepted by the President, (as I he has brought me, I am authorized by His Ma- trust it will, inasmuch as it presents the means jesty to give a greater extent to the proposals of realizing his great plan of extending a navigawhich I made to you for adjusting and terminat-tion from the Pacific to the remotest points of ing amicably all the subjects in dispute between the Northern States and of the ocean, and of enthe two Powers. larging the dominions of the Republic by the acquisition of both the Floridas,) I will have no hesitation in agreeing to an arrangement honorable and satisfactory to both nations, upon the point on which we differ, relating to the indemnity claimed for the injuries resulting from the occupation of the territories of the King by the forces of this Union. Don Luis de Onis to the Secretary of State. As the great difficulty which has hitherto opposed this desirable arrangement is the exact de marcation of the line which divides, or should divide, the dominions of the Crown of Spain from the territory of the United States westward of the Mississippi, and as you were pleased to state to me, in your note of the 30th September last, that the principal motive which induced the President to withdraw the proposals which you had made to me by his direction, was the want of instructions authorizing me to extend the boundary line to the Pacific ocean, I have the honor to inform you that His Majesty, although then unacquainted with the proposals made by you to me in your note of the 31st October, with a view to give an eminent proof of his sincere and generous friendship for this Republic, has been pleased to authorize me to settle this point and others embraced by former proposals. If the President should agree to your entering into an amicable arrangement of them, and also to modify on his part the proposals you have made to me, I do not doubt that, either by correspondence or in conference, we may speedily attain the desired object-the termination of this interesting affair. I flatter myself that the President, as well as the whole American people, cannot but fail to acknowledge, in this disposition of His Majesty, (before he had a knowledge of the exorbitant pretensions of your Government) the good faith and generosity of his proceeding, and to admit that a measure at once so frank and so decided claims a correspondent feeling on the part of this Republic; the maintenance of perfect amity and good correspo ndeuce between the two Powers being obviously calculated to promote the best interests of both. In the expectation of being soon favored with the decision of the President, I beg leave to renew to you the assurances of my high respect; and I pray God to preserve you many years. I conceive that you, as well as the President and the whole American people, cannot but see, in this evidence of the spirit of conciliation by which His Catholic Majesty is actuated, a certain pledge of his desire to strengthen and cement the ties of friendship with this Republic; and I trust that the answer of the President will correspond with the sacrifices made by His Majesty, as well with a view to the prompt satisfaction of the citizens of the United States for whatever injuries they may have sustained, as to the complete removal of every cause of future disagreement between the two nations. But if, contrary to my expectations, this should not be the case, I shall feel a sincere regret in seeing this desirable arrangement protracted until His Majesty, on being made acquainted with the extraordinary pretensions of your Government by the despatches of which Don Luis Noeli, the secretary of this legation, was the bearer, may transmit to me such orders as he may deem expedient. I renew to you the assurances of my distinguished consideration, and I pray God to preserve you many years. LUIS DE ONIS. The Secretary of State to Don Luis de Onis. DEPARTMENT OF STATE, Washington, January 29, 1819. SIR: Your letter of the 16th instant has been submitted to the consideration of the President of the United States, by whose directions I have the honor of informing you that the proposal to Relations with Spain. draw the western boundary line between the United States and the Spanish territories on this continent, from the source of the Missouri to the Columbia river, cannot be admitted. I have to add, that, for the purpose of an immediate arrangement of affairs with Spain, this Government repeats the proposal contained in my letter to you of the 31st October last ;* and if you are not authorized to agree to it, we are willing to adjust the other subjects of difference, leaving that to be settled hereafter. But if your powers are incompetent to accept either of these offers, the President thinks it useless to pursue the discussion any further of subjects upon which there can be no hope entertained of concluding an agreement between us. Be pleased to accept the assurance of my distinguished consideration. JOHN QUINCY ADAMS. Don Luis de Onis to the Secretary of State. WASHINGTON, February 1, 1819.. SIR: I have received your note of the 29th January, in which you are pleased to state to me, that, having laid before the President my note of the 16th, he has directed you to inform me that my proposal to fix the boundary between the two States, by a line from the source of the tiver Missouri to the Columbia, and along the course of the latter to the Pacific, is inadmissible; but that, with a view to an immediate arrangement of affairs with Spain, you repeat to me the proposal contained in your note of the 31st October last, and add, that, if I am not authorized to agree to it, we may adjust the other subjects of difference, leaving that to be settled hereafter. keeping out of view the rights which either Power may have to the territory in dispute, we should confine ourselves to the settlement of those points which may be for the mutual interest and convenience of both. Upon this view, therefore, of the subject, and considering that the motive for declining to admit my proposal of extending the boundary line from the Missouri to the Columbia, and along that river to the Pacific, appears to be the wish of the President to include within the limits of the Union all the branches and rivers emptying into the said river Columbia, I will adapt my proposals on this point so as fully to satisfy the demand of the United States, without losing sight of the essential object, namely, that the boundary line shall, as far as possible, be natural and clearly defined, and leave no room for dispute to the inhabitants on either side. Having thus declared to you my readiness to meet the views of the United States in the essential point of their demand, I have to state to you that His Majesty is unable to agree to the admis. sion of the Red river to its source, as proposed by you. This river rises within a few leagues of Santa Fe, the capital of New Mexico; and as I flatter myself the United States have no hostile intentions towards Spain, at the moment we are using all our efforts to strengthen the existing friendship between the two nations, it must be indifferent to them to accept the Arkansas instead of the Red river as the boundary. This opinion is strengthened by the well-known fact, that the intermediate space between those two rivers is so much impregnated with nitre as scarcely to be susceptible of improvement. In consideration of these obvious reasons, I propose to you, that, drawing the boundary line from the Gulf of Mexico, by the river Sabine, as laid down by you, it shall follow the course of that river to its source; thence, by the ninetyfourth degree of longitude, to the Red river of Natchitoches, and along the same to the ninetyfifth degree; and crossing it at that point, to run by a line due north to the Arkansas, and along it to its source; thence, by a line due west, till it strikes the source of the river San Clemente, or Multnomah, in latitude 41°, and along that river to the Pacific ocean; the whole agreeably to Melish's map. My powers authorize me to adjust all such differences as His Majesty was apprized of at the date of my last despatches, which are the 4th November. The proposal referred to by you is of the 31st October preceding, and in all probability no answer to it can be expected before the middle or end of March. Taking into consideration, however, on the one hand, the earnest desire of His Catholic Majesty to terminate these matters before the rising of Congress, and thereby to avoid a further delay of a twelvemonth in settling the indemnities claimed by citizens of the Union, and, on the other, the probable anxiety of your Government to carry into execution the establish- In case this basis, which not only approximents contemplated in the Floridas, I am prepa- mates your proposals, but fulfils, in every essenred to take upon myself the definitive settlement tial point, the wishes you have stated to me, be of the points in controversy, provided the Presi- admitted by the President, His Majesty, with a dent, animated by correspondent feelings, is wil-view to give the United States a more convinling to modify the proposals made to me, so as to render them consistent and compatible with the interests of both Powers. I have proved to you, in the most satisfactory manner, that neither the Red river of Natchitoches nor the Columbia, ever formed the boundary of Louisiana; but, as you have intimated to me that it is useless to pursue the discussion any further, I acquiesce with you therein; and I agree that, * Communicated to Congress, 14th December, 1818. cing proof of his generosity, and his desire to strengthen the bonds of amity with this Republic, consents to relinquish the claim of indemnity for the injuries sustained by his treasury in consequence of the invasion of the Floridas, reserving only to the inhabitants of the same their right to what may appear to be justly due to them for their losses by that event. It is understood that the convention of 1802, lately ratified, is annulled as far as it relates to the indemnity for injuries and losses claimed by Relations with Spain. the United States or their citizens of Spain; in- Projet of a treaty delivered by Don Luis de Onis to asmuch as full compensation for the same is to the Secretary of State, February 9, 1819. be made to them from the sales of the lands in the two Floridas, and of the immense posses[Translation sent by Don Luis de Onis.] sions westward of the Mississippi, ceded by His His Catholic Majesty and the United States Majesty in virtue of that treaty; and that the of America, desiring to consolidate, on a permaUnited States, actuated by the most sincere de-nent basis, the friendship and good correspondsire to remove every cause of difference between ence which happily prevail between the two the two nations in future, will take into consid-parties, have determined to settle and terminate eration the necessity of establishing such regu- all their differences and pretensions by a treaty, lations as, in their wisdom, they may deem most which shall designate with precision the limits expedient to prevent the evasion of the laws of of the one and the other, the settlement whereof the Republic, to the injury of the commerce of will be productive of general advantage and rethe subjects of His Catholic Majesty. ciprocal utility to both nations. With this intention, His Catholic Majesty has I renew to you, sir, the assurances of my distinguished consideration, and I pray God to pre-appointed the most excellent Don Luis de Onis serve you many years. Hon. JOHN Q. ADAMS, LUIS DE ONIS. Secretary of State. Projet of an article describing the western boundary, communicated to Don Luis de Onis by the Secretary of State, February 6, 1819. Gonzales y Vara, Lord of the town of Rayaces, perpetual regidor of the corporation of the city of Salamanca, knight grand cross of the royal American order of Isabella the Catholic, decorated with the lys of La Vendée, knight-pensioner of the royal and distinguished Spanish order of Charles the Third, member of the supreme assembly of the said royal order, of the council of His Catholic Majesty, his secretary, with exercise of decrees, and his Envoy Extraordinary and ARTICLE. It is agreed that the western bound- Minister Plenipotentiary near the United States ary between the United States and the territo- of America; and the President of the United ries of Spain shall be as follows: Beginning at States, with the advice and consent of their Senthe mouth of the river Sabine, on the Gulf of ate, has appointed Mr. John Quincy Adams, SecMexico; following the course of said river to retary of State of the United States. And the the thirty-second degree of latitude, the eastern | Plenipotentiaries, after having exchanged their bank and all the islands in the river to belong to powers, have agreed upon and concluded the folthe United States, and the western bank to Spain; lowing articles: thence, due north, to the northernmost part of ARTICLE 1. There shall be a firm and inviothe thirty-third degree of north latitude, and lable peace and sincere friendship between His until it strikes the Rio Roxo, or Red river; Catholic Majesty, his successors and subjects, thence, following the course of said river, to the and the United States and their citizens, without northernmost point of the bend, between longi-exception of persons or places. tude 101 and 102 degrees; thence, by the shortest line, to the southernmost point of the bend of the river Arkansas, between the same degrees of longitude 101 and 102; thence, following the course of the river Arkansas, to its source, in latitude 41 degrees north; thence, following the same parallel of latitude 41 degrees, to the South sea. The northern banks and all the islands in the said Red and Arkansas rivers, on the said boundary line, to belong to the United States, and their southern banks to Spain; the whole being as laid down in Melish's map of the United States, published at Philadelphia, improved to the 1st of January, 1818. But, if the source of the Arkansas river should fall south or north of latitude 41 degrees, then the line from the said source shall run due north or south, as the case may be, till it meets the said parallel of latitude, and thence, as aforesaid, to the South sea. And it is further agreed that no Spanish settlement shall be made on any part of the said Red or Arkansas rivers, nor on any of the waters flowing into the same, nor any east of the chain of Snow mountains between the latitudes 31 and 41 degrees, inclusively; and that the navigation of said rivers shall belong exclusively to the United States forever. 15th CoN. 2d SESS.-67 ART. 2. His Catholic Majesty, desiring to give a distinguished proof of his friendship to the United States, cedes to them, in full property and sovereignty, all the territories which belong to him, situated to the eastward of the Missis sippi, known by the names of East and West Florida, such as they were ceded to him by Great Britain in 1783, and with the limits by which they are designated in the treaty of limits and navigation concluded between Spain and the United States on the 27th October, 1795. ART. 3. The adjacent islands dependent on said provinces, places, public squares, public edifices, fortifications, barracks, and other buildings which are not the property of some private individual, archives and documents which relate directly to the property and sovereignty of said provinces, are included in this article. ART. 4. That at no time whatever there may be any dispute or mistake in the boundaries which shall separate in future the territories of His Catholic Majesty and those of the United States to the westward of the Mississippi, the two high contracting parties have agreed to fix them in the following manner: The boundary line between the two countries shall begin on the Gulf of Mexico, at the mouth of the river Sabine, in |
