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whenever he pleases, within the Regency: he shall have free license to go on board any vessel lying in our roads, whenever he shall think fit. The consul shall have leave to appoint his own drogaman and broker.
ARTICLE XVIII. In case of war,
Should a war break out between the two nations, the consul of the citizens of U. S. United States of North-America, and all citizens of said states, shall may embark unmolested.
have leave to embark themselves and property unmolested, on board of what vessel or vessels they shall think proper.
Citizens of either nation captured by the other to be set at liberty.
ARTICLE XIX. Should the cruisers of Algiers capture any vessel, having citizens of the United States of North-America on board, they having papers to prove they are really so, they and their property shall be immediately discharged. And should the vessels of the United States capture any vessels of nations at war with them, having subjects of this Regency on board, they shall be treated in like manner.
Vessels of war to be saluted.
ARTICLE XX. On a vessel of war belonging to the United States of North America anchoring in our ports, the Consul is to inform the Dey of her arrival ; and she shall be saluted with twenty-one guns; which she is to return in the same quantity or number. And the Dey will send fresh provisions on board, as is customary, gratis.
Consul not to
ARTICLE XXI. The Consul of the United States of North-America shall not be required to pay duty for any thing he brings from a foreign country for the use of his house and family.
ARTICLE XXII. War not to be Should any disturbance take place between the citizens of the United declared in case States and the subjects of this Regency, or break any article of this of breach of treaty.
treaty, war shall not be declared immediately; but every thing shall be
searched into regularly : the party injured shall be made reparation. Sum to be paid On the 21st of the Luna of Safer, 1210, corresponding with the 5th to the Dey. September, 1795, Joseph Donaldson, jun. on the part of the United
States of North America, agreed with Hassan Bashaw, Dey of Algiers,
Seal of Algiers
the foot of the JOSEPH DONALDSON, jun.
To all to whom these Presents shall come, or be made known:
WHEREAS the under-written David Humphreys, hath been duly appointed Commissioner Plenipotentiary, by letters patent under the signature of the President, and seal of the United States of America, dated the 30th of March 1795, for negociating and concluding a treaty of peace with the Dey and Governors of Algiers; whereas by instructions given to him on the part of the Executive, dated the 28th of March and 4th of April, 1795, he hath been further authorized to employ Joseph Donaldson, junior, on an agency in the said business; whereas, by a writing under his hand and seal, dated 21st May, 1795, he did constitute and appoint Joseph Donaldson, junior, agent in the business aforesaid; and the said Joseph Donaldson, jun. did, on the 5th of September, 1795, agree with Hassan Bashaw, Dey of Algiers, to keep the articles of the preceding treaty sacred and inviolable:
Now know ye, That I, David Humphreys, Commissioner Plenipotentiary aforesaid, do approve and conclude the said treaty, and every article and clause therein contained; reserving the same nevertheless for the final ratification of the President of the United States of America, by and with the advice and consent of the Senate of the said United States. In Testimony whereof, I have signed the same with my Hand and
Seal, at the City of Lisbon, this 28th of November, 1795.
TREATY OF FRIENDSHIP, LIMITS AND NAVIGATION,
Oct. 27, 1795.
Between the United States of America, and the King
of Spain. (a) His Catholic Majesty and the United States of America, desiring to consolidate, on a pernianent basis, the friendship and good correspondence, which happily prevails between the two parties, have determined to establish, by a convention, several points, the settlement whereof 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, Rios, Sanchez, Zarzosa, 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, perpetual regidor of the city of Santiago, knight of the illustrious order of the Golden Fleece, and Great Cross of the Royal and distinguished Spanish order of Charles the III. commander of Valencia, 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; Superintendant General of the posts and highways; Protector of the royal Academy of the noble arts, and of the royal societies of natural history, botany, chemistry, and astronomy; Gentleman of the King's 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 Thomas Pinckney, a citizen of the United States, and their Envoy Extraordinary to his Catholic Majesty. 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
Peace esta blished.
(a) The treaties with Spain have been :
A Treaty of Friendship, Limits, and Navigation between the United States and the King of Spain. October 27, 1795.
A Convention of Indemnification between the United States and Spain. August 11, 1802; post, 198.
Treaty of Amity, Settlement and Limits between the United States of America and his Catholic Majesty, negotiated February 22, 1819. Ratified by the President and Senate on the 19th February, 1821, and by the King of Spain on the 24th October, 1820, post, 252.
Decisions of ihe Courts of the United States in cases which have arisen under the treaty with Spain of October 27, 1795, 252.
Under the Spanish treaty of 1795, stipulating that free ships shall make free goods, the want of such a sea-letter or passport, or such certificates as are described in the seventeenth article, is not a substantive ground of condemnation. It only authorizes capture and sending in for adjudication, and the proprietary interest in the ship may be proved by other equivalent testimony. But if, upon the original evidence, the cause appears extremely doubtful and suspicious, and farther proof is necessary, the grant or denial
rests on the same general rules which govern the discretion of prize courts in other cases. The Pizarro, 2 Wheat. 227; 4 Cond. Rep. 103. The term subjects,” in the fifteenth article of the treaty, when applied to persons owing allegiance
TRATADO DE AMISTAD, LIMITES, Y NAVEGACION
Entre los Estados Unidos de America y el Rey de
DESEANDO S. M. Catolica, y los Estados Unidos de America consolidar de un modo permanente la buena correspondencia y amistad que felizmente reyna entre ambas partes, han resuelto fixar por medio de un convenio varios puntos, de cuyo arreglo resultará un beneficio general, y una utilidad reciproca a los dos paises.
Con esta mira han nombrado S. M. Catolica al Excelentisimo Sor Dn. Manuel de Godoy, y Alvarez de Faria, Rios, Sanchez, Zarzosa, Principe de la Paz, Duque de la Alcudia, Señor del Soto de Roma, y del Estado de Abalá, Grande de España de primera clase, Regidor perpetuo de la ciudad de Santiago, Caballero de la insigne orden del toyson de Oro, Gran Cruz de la Real y distinguida orden Española de Carlos III. Comendador de Valencia, del Ventoso, Rivera, y Acenchal en la de Santiago, Caballero Gran Cruz de la Religion de Sn. Juan, Consejero de Estado, primera Secretario de Estado y del Despacho, Secretario de la Reyna Na Sia Superintendente General de Correos y Caminos, Protector de la R1. Academia de las nobles artes, y de los R les. Gabinere de Historia Natural, Jardin Botanico, Laboratorio Chîmico, y Observatorio Astronomico; Gentilhombre de Camara con exercicio; Capitan General de los Reales Exercitos; Inspector y Sargento Mayor del R' Cuerpo de Guardias de Corps, y el Presidente de los Estados Unidos, con el consentimiento y aprobacion del Senado, à Do Thomas Pinckney, ciudadano de los mismos Estados, y su Enviado Extraordinario cerca de S. M. Catholica, y ambos Plenipotenciarios han ajustado y firmado los articulos siguientes:
to Spain, must be construed in the same sense as the term “ citizens," or inhabitants," when applied to persons owing allegiance to the United States; and extends to all persons domiciled in the Spanish dominions. Ibid.
The Spanish character of the ship being ascertained, the proprietary interest of the cargo cannot be inquired into; unless so far as to ascertain that it does not belong to citizens of the United States, whose property engaged in trade with the enemy is not protected by the treaty. Ibid.
The seventeenth article of the Spanish treaty of 1795, 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 Wheat. 1; 5 Cond. Rep. 1.
By the Spanish treaty of 1795, free ships make free goods ; but 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 proved according to the ordinary rules of the prize court; and if thus shown to be Spanish, will protect the cargo on board, to whomsoever the latter may belong. Ibid.
The treaty with Spain of 1795, does not contain, express or implied, a stipulation that enemy's ships shall make enemy's goods. The Nereide; Bennet, Master, 9 Cranch, 388; 3 Cond. Rep. 439.
declared and agreed as follows, to wit. The southern boundary of the boundary line United States, which divides their territory from the Spanish colonies established.
of East and West Florida, shall be designated by a line beginning on the river Missisippi, at the northernmost 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 Apalachicola, or Catahouche, thence along the middle thereof to its junction with the Flint: thence straight 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, in the territory of the other, according to the above-mentioned boundaries, they shall be withdrawn 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. Commission In order to carry the preceding article into effect, one commissioner ers to run the
and one surveyor shall be appointed by each of the contracting parties, boundary line.
who shall meet at the Natchez, on the left side of the river Missisippi, 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 southwestern territory, who shall act by common consent, and amicably, as well with respect to this point as to the furnishing of provisions and instruments, and making every other arrangement which may be necessary or useful for the execution of this article.
ARTICLE IV. Mississippi to It is likewise agreed that the western boundary of the United States be the western which separates them from the Spanish colony of Louissiana, is in the boundary, and the navigation
middle of the channel or bed of the river Missisippi, from the northern thereof secured. boundary of the said states to the completion of the thirty-first degree
of latitude north of the equator. And his Catholic Majesty 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. How each na
The two high contracting parties shall, by all the means in their tion shall con- power, maintain peace and harmony among the several Indian nations duct with Indians in their
who inhabit the country adjacent to the lines and rivers, which, by the respective ter
preceding articles, form the boundaries of the two Floridas. And the ritories. better to obtain 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 these last-mentioned Indians to commence hostilities against the subjects of his Catholic Majesty or bis Indians, in any manner whatever.
And whereas several treaties of friendship exist between the two contracting parties and the said nations of Indians, it is hereby agreed that