The Eagle, or, Dartmouth centinel — Hanover, N.H., 1796-04-25 00:00:00, page 1

~CT EAT Y
t^n&UNTTED- STATES
And hi, CATHOLIC MAJESTY,
HIS Catholic Mafefty and the Ut
ed State, of America, during to
contf^ titeffityrc,"': ""
which happily. $?m we ,
parties, have determined to erebmh by
a convention, federal points, the fettle
meat "whereof will be produnlive of gen
era! advantage and reciprocal utility to
both nation'. %
With thia intention Catholic
jefty has appointed the moft^xccllent
Lord dan Manuel di Coria, , and Alva
rez de Faina, Rios. Sanchez,' Zazcza,
Prince de Pari, Duke de la Akadia,
Lord of of the Roode Roma, and of
the fate of Albala, grandeeMSpain of
the firft class, perpetual Regidaf of the
city of Santiajo, Knight of the illuftii-;
ous order of the Golden Fleece, and
Great Cross of the Royal and distin
guished Spanish order of Chartea |lf.
Commander of Valencia, del Ventofe,
Rivera, and Acenchal in tbstofSaati-r
r ajo: Knight and Great Cross of the re
ligious order of St. John : r Councillor
of State, First Secretary Os State/ ^hd
Dispatch Secretary to the Queen : Su
perintendant Gen. of the Posts and
Highways : Prote&or of the Royal Ac
ademy of the Noble Arts, and of the
Royal Societies of Natural Hiftory, Bo
tany, Chemistry and astronomy : Gen.
<lemea@<he Bed-Chamber in employ
ment : Captain General of his Armies:
Infpe&or and Major of the Royal Corps
of Body Guards, &c. &e. &<. And
the President of the United States of
America, with the advice and consent
of the Seriate, has apcinred Thomas
<Pinckney, a citizen of-the United S:ates
and their Envoy Extraordinary to bis
Catholic Majesty. And the Plenipo
tentiaries have agreed-upon and concha,
ded the following articles.
Article I. There (hall bea firm and
inviolable pelceand sincere friendihip
between his Catholic Majesty; his suc
cessors and fubje&s, and the United;
States, and their citizens, without ex
ception of perfens or places.t
Art. 2/ go prevent all dispute onthe ^
fubjed ofnhe boundaries which fepa
nite the territories of the rwo high con-j
trading parties, it is hereby declared;
and agreed as follows, to wit. $ The
louthern boundaries of tbeUnbed States
which divides their territory from the
Spanish colonies of E^ft and Weft
Florida, shall be designated by a line
begining on the river Miffifippb at the
narthernmoft part of th,e thirty-firft de
gree of latitude north of the equator^
which from thence shall be drawn due
east to the middle of the river Apalachi
cola or Catahfuche, thence along the
middle thereof to its jurflion with the
Flint; then Hraight to the head of St.
Mary's 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 on the laid territory of the
other according to the above mentioned
boundaries they shall be withdrawn
from the said territory within the term
of fix months after the ratification of
this Treaty, or sooner ifirbe possible/
and that they fhall;be permitted to take
with them all the goods and effc& which
they possess.
Art. 3. In order to carry the preced
. ing article into effedl, one commissioner
and one fu,veyor shall be appointed by
teach ofthe contriving parties, who shall
beet at the Notches on the left fide of
the River Miffifippi before the expira
tion of fix months from the ratification
of this Convention, and they shall pro*
ceed to run Snd make this boundary
according to the flipulations of the said
' : / article. '1 hey (hall make platband kefy
Volume
uaj ts fed
/ MONDAY,
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"^^DARTMO^^
^ DEDICATED TO POLITICS, ANR THE BELLES-LETTRES.
QUID v m^m, atqul dmclns, cu^o.—lmpartial Truth and Ufefalncfs toe Study.
(hall be confided „ part of this Con
vention, and fe haw the fame force I
as ifata were inferred therein. And if
onany account.ic should be found nc
ceffary that the faid'eommiffioner, and
surveyors (hould, be accompanied by
guards, they (hall be futnifhed in equal
proportion by the commanding officer
of hi# Mijeft,a trrify in the t^d+toti
das and tfe commanding officer of the
troops of (heUnited Stales in the fouth
we fteen territory, who shall all by com
mon.confent and amicably a# wei; with
refpeft tyhjs point, as to the furnishing
of provitiouvand instruments, and mak
ing everyother artangenrern which may
be oeceffar, or ufeful fertile execution
:#«• 4 ^. is >'kew,&4gr*d^hir the
weilerntopndAry of &4 J , ^WCT which
;fepa,spte& famfc Spanish polony
of Louiffiana, is in the middle of the
^channel or bed of the river Miffifippi
from, the northern boundary of the said
ptyetyP the completion of the thirty
firft degree of the latitude north of the
equacof. Andhis Catholic Majesty has
likwife agreed, that the navigation.of
the said river frqaii^ foujee to the o
ceao, (hall be free oply to his fubjefb
'and the citizens of the ^United,.States/.
unipfs .he &jro/extend this privilege
I to the fubjefb of other powers by a to,
cial convention.
Arf.; fo^The two high contrasting
par ties,foil by all means in their pow
er maintain peace and harman, amongti
the several Indian nation* who inhabit
the county, adjacent to the lines and ri
ver, which by the preceding. .Articl,,
form the boundaries ofthe twoFioridav
and the better to attain thi, effefl, both
parties oblige themselves exprefsiy t<
restrain by force, all hoftilife<ui the
part of the Indian nations living within
their boundary : So that Spain will not
fuffer their Indians inhabiting their ter
ritory, nor will the United States per
mit their last mentioned Indians to com
mence hostilities against his Catholic
M"jcfty, or his Indians, in any manner
whatsoever.
And whereas federal treaties of
friendfhip exist between the two con.'
trading parties and the said nations of
Indians it is hereby agreed, that in fu
ture no treaty of Alliance or other
whatsoever (except Treaties of Peace)
(ball be made by either party with the
Indians living within the boundary of
the other, but both parties will endea
vour to make the advantages of the In
«di#n triple tommop and mutually bene
ficial to their refpedive fubjetis and
citizens, obfeeving in all things the
most complete reciprocity, so that both
parties may obtain the advantages ari
sing from a good underdanding with
the said nations without being fubjed
to the expence which they have hitherto
occasioned.
Art. 6. Each party (hill endeavour :
by all the means in their power to pro
tc& and defend all vessels and other ef
fects belonging to the citizens or fob,
jettsof the other, which (hall be with
in the ex ent of their jurifaiaion by sea,
or by land, and (half use all their ef
forts to recover and cause to be recov
ered to the right owner,, their v< ffel*
and effects which may have been taken
from them within the extent of their
said jurifdiflion, whether they are at
war or not with the fubjefh who have
taken possession of the said effects.
''Art. 7. And it is agreed that the
fubjefts or citizens of each of the said
contrasting parties, their veffells>or es.
feds, (ball not be liable to any embargo
or detention on the part of rh& other
for any military expedition or other
public or private parpofe whaifo.
evefy And in all cases of seizure, de
tention, or arrest for debts contrasted,
or offences committed by any .citizen
or fubjed of the one parry within the
jurifdiaipn of the&her, rhe fame (hall
be made and prosecuted by order and'
authority of law only, and according
to the regular coorfe of proceedings
ufaalin fuehcifes. The citizens and
fohjetb of both parties (hall be allowed
*eh advocates, solicitors, notaries;
rents and factors, as they judge proper
all their affairs, and in all their trials
law, in which they may be concer
ned before the tribunal of the other par
4'; aridfach agents (halt have free ac
sefi to be present at the proceedings: in
such cdufes, and at the raking of exam
inations and evidences which may be
hhibited in the said trials.
,:Art. 8. Incafe the fobjeft and in
habitants of either party with their
hipping, whether public, and of mer
chant's, be forced though Arefs of wea
ther, purfui; of pirates or enemies, or
any other urgent necessity for taking
(better and harbor, to retreat and eaten,
into any of the rivers, bays, roads or
phi belonging to the other party, they
ihall be received and treated with all
•humanity, and enjoy all favor, pro-
Seaton apd help, and they (hall be
^permitted to provide them selves at
'tetfonaffi rates with victuals and all
things needful for the fufrnance of
their perfoot, or reparation of their
fhi,s and prosecution of their voyage ;
ind they shall no ways be hindered
from returning nut of the said ports or
road, but ma, remove and depart when ;
and whether they please without any let.
or hindrance.
Art. 9. All fltips and merchandize qf
what nature soever which (hall be
refund our of the hands of any pirates
or robbers on the high seas ; (lull be
brought into some port of either fta;te,
and foil be delivered to the cuttody of
rhefibers of that port in order to be
taken care of and restored to the true
proprietor, as soon as due and fufficient
proof (hall be made concerning the pro
perty thereof.
Art. 10. When any vessel of either
party (hall be wrecked, foundered or
otherwifedamaged on the coasts, or
within the dominion of the other, their
retpedive fabjeds and citizens (hall re
ceive as well for themselves as for their
vessels and e^eds, the fame assistance
which would be due to the inhabitants
of the country where rhe damage hafo
pens and (hall pay the fame charges and
dues only as the said inhabitants would
be fubjeft to pay in alike case; and if
the operation of repairs would require
that the whole or any part of the cargo
be unladen, they (hall pay no duties;
charges or fees on the part which , flhall
relade and carry away,,r ;
Art. 11. The citizens and fubjeasof each
party lull have power to dispose of their
personal goods within the jurifaiaion of the
other by testaments, donations or otherwise,
and their representatives being fubje& or
citizens of the other party (hall succeed to
their said personal goods whether by testa
ment or an inteftito, and they muy take pos
session thereof either by tbemfelv.es or others
aQing for them, and dispose of the fame at
their will paying file duties only as the in
habitants of the country wherein the fame
goods are, or (hall be fubje& to pay in like
cases. And in case of the absence of the
representatives such Care (ball be taken of the
laid goods as of a native in like case, until
, the lawful owner may take mesfures for re
ceiveiog them. And if questions should ar
ise among several claimants to which of them
the goods belong, the fame Anil be decided
b Y fe^ w *° o Judges of the land wherein
the said goods are. Aid whereon the death
of any person bolding real elated withti the
Territories of the @,.fefa.red &
_ ^.
would +y the law of the land defceod on a
'""'",' f^ra of the other were he not
di (qualified Qtybeing an alien; such fubje&
drill be allowed a igafonable time to fell the
fame and to withdraw the proceeds without
molefUtion 2nd exempt from all rightof de- ,
traction on the part ofthe government of the
refoeaive dates.
Art 12. The merchant fhipsof either par
ties which should be making into ports or into
a port belonging 16 the en:my or the. other
party, and concerning whose voyage and the
Mptotfof goo&^nte ffiall be
just grounds of fafpition, fall be obliged to
exhibit as well upon the high fas as in the
ports and havens not only her paffpert but
likewile certificates cxprr fily (hewing that her
goods are not of the number of thofc which'
have been prohibited as contraband.
Art. 13. For the better promoting of com
merce on both sides, it is agreed thicif war
(hall break out between the two said nations,•
ope year after the proclamation of war (hall
be allowed to the merchants io the cities and
; towns where they (hall live for eolle&ing grid ,'
transporting thcir goods and merchandizes ;
and if any thing be taken from them er any
injury be done them,within that term, by pi
tber party, or the people or fabjeas of either, t
fell fatisfdaion (ball be made fy the govern
recot.,
Art. 14. Nd fubje& of his Catholic Ma
jesty Ihall apply for ; or take any conroiffron'
or letters ot marque for arming any (hip or
(hips to a& as privateers against the United
States, er against the citizens r people or in
habitants of the United States, or against the
property of any of the inhabitants of any of
them from any Prince or State with which the
United Stites (hall be at war. Nor
ffiali any citizen, fubjtft or inhabitant .
es the said United States apply for or
take any comroiffion or letters of
marque for armingany (hip or (hips to
ad as privateers against the fabjefts of
his Catholic Majefy or the property of
any of them from any Prince or State
with which the said King (hall be at
war. And if any person of either na
tion foil take such comrajdion or let
ters of marque he (hall be punished as
a pirate. ;#
iArt. ifo It (hall be lawful for all
pnd Angular therfvbj^a oflds Catholic
Majegy, and the citizens, people and
inhabitants of the United States, to fail
with their (hips with all manner of lib
erty and Security, no diftinftiqn being
made who are the proprietors of the
merchandizes laden therein from any
port to the places of those who now are.
or hereafter (hall be at enmity with his
Catholic Majesty or the United States.
It shall be likewise lawful for the fub
jetts and inhabitants aforefaid to fail
with the (hips and merchandizes afore
mentioned, and to trade with the fame
liberty and security from the places,
ports or havens of those who are ene
mies of both or either party, without
any opposition or disturbance whatsoe
ver, not only froto the places of the en
emy aforementioned, to neutral places,
but also from one place belonging to
an enemy, whether they be under the
j urifdi&ion ofthe fame prince er under'
federal ; and it is hereby stipulated that
the free (hips (hull also give freedom
; to goods, and that every thing shall be
! deemed free and exempt which (hall be 4
found on board the (hips belongihg so
the fubjeds of either or the concaving
parties, although the whote lading or a
ny part thereof should appertain to the/
enemies of either: contraband goods,
being always excepted. It is also a- ,
'greed, that the fame liberty be granted
to persons who aye on board a free (hip,
foihat although they be enemies to ei
ther party, they (hall not be made pris
oners or taker, out of that free (hip, tin,
tefothey are soldiers and in adual fee
vice of theehernies.'
Art, 16. This liberty of navigation
and commerce (hall extend to all kinds
of merchandizes, excepting those only
which are diftinguifned by the name of
contraband; & underthianame of con
traband or prohibited goods (hall be
, comprehended arms, great guns,bombs,
with their fufes, & the other thing, be^ ':
longing to themfaand# balU,' guib\ ~
APR ILj 25, 1796.
XL.
Number