mitted, before or since the commencement of the war which is just Vol. I. Ch. II. ended. 2. The Treaties of Westphalia of 1648; those of Madrid of 1667 and of 1670; those of Peace and of Commerce of Utrecht of 1713; that of Baden of 1714; of Madrid of 1715; of Seville of 1729; the Definitive Treaty of Aix-la-Chapelle of 1748; the Treaty of Madrid of 1750; and the Definitive Treaty of Paris of 1763; serve as a basis and foundation to the Peace, and to the present Treaty; and for this purpose they are all renewed and confirmed, in the best form, as well as all the Treaties in general which subsisted between the high Contracting Parties before the war, and particularly all those which are specified and renewed in the aforesaid Definitive Treaty of Paris, in the best form, and as if they were herein inserted word for word; so that they are to be exactly observed for the future in their full tenor, and religiously executed by both Parties, in all the points which shall not be derogated from by the present Treaty of Peace. 6. The intention of the two high Contracting Parties being to prevent, as much as possible, all the causes of complaint and misunderstanding heretofore occasioned by the cutting of wood for dying, or logwood; and several English Settlements having been formed and extended, under that pretence, upon the Spanish continent: it is expressly agreed, that His Britannic Majesty's subjects shall have the right of cutting, loading, and carrying away logwood, in the district lying between the rivers Wallis or Bellize, and Rio Hondo, taking the course of the said two rivers for unalterable boundaries, so as that the navigation of them be common to both nations, to wit, by the river Wallis or Bellize, from the sea, ascending as far as opposite to a lake or inlet which runs into the land and forms an isthmus, or neck, with another similar inlet, which comes from the side of Rio-Nuevo, or New River; so that the line of separation shall pass straight across the said isthmus, and meet another lake formed by the water of Rio-Nuevo, or New River, at its current. The said line shall continue with the course of RioNuevo, descending as far as opposite to a river, the source of which is marked in the map, between Rio-Nuevo and Rio-Hondo, and which empties itself into Rio-Hondo; which river shall also serve as a common boundary as far as its junction with Rio-Hondo, and from thence descending by RioHondo to the sea, as the whole is marked on the map which the Plenipotentiaries of the two Crowns have thought proper to make use of, for ascertaining the points agreed upon, to the end that a good correspondence may reign between the two nations, and that the English workmen, cutters, and labourers may not trespass from an uncertainty of the boundaries. The respective Commissaries shall fix upon convenient places, in the territory above marked out, in order that His Britannic Majesty's subjects, employed in the felling of logwood, may, without interruption, build therein houses and magazines necessary for themselves, their families, and their effects; and His Catholic Majesty assures to them the enjoyment of all that is expressed in the present Article; provided that these stipulations shall not be considered as derogating in any wise from His rights of Sovereignty. Therefore all the English, who may be dispersed in any other parts, whether on the Spanish continent, or in any of the islands whatsoever dependent on the aforesaid Spanish continent, and for whatever reason it might be, without exception, shall retire within the district which has been above-described, in the space of eighteen months, to be computed from the exchange of the ratifications; and for this purpose orders shall be issued on the part of His Britannic Majesty; and on that of His Catholic Majesty, His governors shall be ordered to grant to the English, dispersed, every convenience possible for their removing to the settlement agreed upon by the present SPAIN. SPAIN. Vol. I. Ch. II. Article, or for their retiring wherever they shall think proper. It is likewise stipulated, that if any fortifications should actually have been heretofore erected within the limits marked out, His Britannic Majesty shall cause them all to be demolished, and He will order His subjects not to build any new ones. The English inhabitants, who shall settle there for the cutting of logwood, shall be permitted to enjoy a free fishery for their subsistence, on the coasts of the district above-agreed on, or of the islands situated opposite thereto, without being in any wise disturbed on that account; provided they do not establish themselves in any manner on the said islands. British Declaration. Spanish Counter 9. Immediately after the exchange of the ratifications, the two high Contracting Parties shall name Commissaries to treat concerning new arrangements of commerce between the two nations, on the basis of reciprocity and mutual convenience; which arrangements shall be settled and concluded within the space of two years, to be computed from the 1st of January 1784. Done at Versailles, the 3d of September 1783. Signed LE COMPTE D'ARANDA, (L.S.) The new State in which commerce may perhaps be found, in all parts of the world, will demand revisions and explanations of the subsisting Treaties; but an entire abrogation of those Treaties, in whatever period it might be, would throw commerce into such confusion as would be of infinite prejudice to it. In some of the Treaties of this sort, there are not only Articles which relate merely to commerce, but many others which ensure reciprocally, to the respective subjects, privileges, facilities for conducting their affairs, personal protections, and other advantages, which are not, and which ought not to be of a changeable nature, such as the regulations relating merely to the value of goods and merchandize, variable from circumstances of every kind. When therefore the state of the trade between the two nations shall be treated upon, it is requisite to be understood, that the alterations which may be made in the subsisting Treaties are to extend only to arrangements merely commercial; and that the privileges and advantages, mutual and particular, be not only preserved on each side, but even augmented, if it can be done. In this view, His Majesty has consented to the appointment of Commissaries, on each side, who shall treat solely upon this object. Done at Versailles, the 3d of September 1783. Signed MANCHESTER, (L.S.) The Catholic King, in proposing new arrangements of commerce, has had no other design than to remedy, by the rules of reciprocity and mutual convenience, whatever may be defective in preceding Treaties of Commerce. The King of Great Britain may judge from thence, that the intention of His Catholic Majesty is not in any manner to cancel all the stipulations contained in the above-mentioned Treaties; He declares, on the contrary, from henceforth, that He is disposed to maintain all the privileges, facilities, and advantages, expressed in the old Treaties, as far as they shall be reciprocal, or compensated by equivalent advantages. It is to attain this end, desired on each side, that Commissaries are to be named to treat upon the state of trade between the two nations, and that a considerable space of time is to be allowed for compleating their work. His Catholic Majesty hopes that this object will be pursued with the same good faith, and with the same spirit of conciliation, which have presided over the discussion of all the other points included in the Definitive Treaty ; SPAIN. and His said Majesty is equally confident, that the respective Commissaries Vol. I. Ch. II. will employ the utmost diligence for the completion of this important work. Done at Versailles, the 3d of September 1783. Signed LE COMTE D'ARANDA, (L.S.) The Kings of England and of Spain, animated with the same desire of Convention beconsolidating, by every means in their power, the friendship so happily tween Great Britain and Spain. subsisting between Them and Their Kingdoms, and wishing, with one Signed at Lonaccord, to prevent even the shadow of misunderstanding which might be don, the 14th of occasioned by doubts, misconceptions, or other causes of dispute between July 1786. (1) the subjects on the frontiers of the two Monarchies, especially in distant countries, as are those in America, have thought proper to settle, with all possible good faith, by a new Convention, the points which might one day or other be productive of such inconveniencies, as the experience of former times has very often shewn. To this end, the King of Great Britain has named the most Noble and most Excellent Lord Francis Baron Osborne, of Kiveton, Marquis of Carmarthen, His Britannic Majesty's Privy Councillor, and Principal Secretary of State for the Department of Foreign Affairs, &c. &c. &c. and the Catholic King has likewise authorized Don Bernardo del Campo, Knight of the Noble Order of Charles the Third, Secretary of the same Order, Secretary of the Supreme Council of State, and His Minister Plenipotentiary to the King of Great Britain; who having communicated to each other their respective full powers, prepared in due form, have agreed upon the following Articles: 1. His Britannic Majesty's subjects, and the other colonists who have hitherto enjoyed the protection of England, shall evacuate the country of the Mosquitos, as well as the continent in general, and the islands adjacent, without exception, situated beyond the line hereinafter described, as what ought to be the frontier of the extent of territory granted by His Catholie Majesty to the English, for the uses specified in the 3d Article of the present Convention, and in addition to the country already granted to them in virtue of the stipulations agreed upon by the Commissaries of the two Crowns, in 1783. 2. The Catholic King, to prove, on His side, to the King of Great Britain, the sincerity of His sentiments of friendship towards His said Majesty and the British nation, will grant to the English more extensive limits than those specified in the last Treaty of Peace; and the said limits of the lands added by the present Convention shall for the future be understood in the manner following: The English line, beginning from the sea, shall take the centre of the river Sibun or Jabon, and continue up to the source of the said river; from thence it shall cross in a straight line the intermediate land, till it intersects the river Wallis; and by the centre of the same river, the said line shall descend to the point where it will meet the line already settled and marked out by the Commissaries of the two Crowns in 1783: which limits, following the continuation of the said line, shall be observed as formerly stipulated by the Definitive Treaty. 3. Although no other advantages have hitherto been in question, except that of cutting wood for dying, yet His Catholic Majesty, as a greater proof of His disposition to oblige the King of Great Britain, will grant to the English the liberty of cutting all other wood, without even excepting mahogany, as well as gathering all the fruits, or produce of the earth, purely natural and uncultivated, which may, besides being carried away in their (1) Confirmed by the 1st Additional Article to the Treaty of 5th July 1814. SPAIN. Vol. I. Ch. II. natural state, become an object of utility or of commerce, whether for food or for manufactures; but it is expressly agreed, that this stipulation is never to be used as a pretext for establishing in that country any plantation of sugar, coffee, cocoa, or other like articles; or any fabric or manufacture by means of mills or other machines whatsoever, (this restriction however does not regard the use of saw mills, for cutting or otherwise preparing the wood) since all the lands in question being indisputably acknowledged to belong of right to the Crown of Spain, no settlements of that kind, or the population which would follow, could be allowed. The English shall be permitted to transport and convey all such wood, and other produce of the place, in its natural and uncultivated state, down the rivers to the sea, but without ever going beyond the limits which are prescribed to them by the stipulations above granted, and without thereby taking an opportunity of ascending the said rivers beyond their bounds, into the countries belonging to Spain. 4. The English shall be permitted to occupy the small Island known by the names of Casina, St. George's Key, or Cayo Cassina, in consideration of the circumstance of that part of the coasts opposite to the said Island being looked upon as subject to dangerous disorders; but this permission is only to be made use of for purposes of real utility: and as great abuses, no less contrary to the intentions of the British Government, than to the essential interests of Spain, might arise from this permission, it is here stipulated, as an indispensable condition, that no fortification, or work of defence whatever, shall at any time be erected there, nor any body of troops posted, nor any piece of artillery kept there; and in order to verify with good faith the accomplishment of this condition sine qua non (which might be infringed by individuals, without the knowledge of the British Government) a Spanish officer or Commissary, accompanied by any English Commissary or officer, duly authorized, shall be admitted, twice a year, to examine into the real situation of things. 5. The English nation shall enjoy the liberty of refitting their merchant ships in the southern triangle included between the point of Cayo Casina, and the cluster of small islands, which are situated opposite that part of the coast occupied by the cutters, at the distance of eight leagues from the river Wallis, seven from Cayo Casina, and three from the river Sibun, a place which has always been found well adapted to that purpose. For which end, the edifices and storehouses, absolutely necessary for that service, shall be allowed to be built; but in this concession is also included the express condition of not erecting fortifications there at any time, or stationing troops, or constructing any military works; and in like manner it shall not be permitted to station any ships of war there, or to construct an arsenal, or other building, the object of which might be the formation of a naval establishment. 6. It is also stipulated, that the English may freely and peaceably catch fish on the coast of the country assigned to them by the last Treaty of Peace, as also of that which is added to them by the present Convention; but without going beyond their boundaries, and confining themselves within the distance specified in the preceding Article. 7. All the restrictions specified in the last Treaty of 1783, for the entire preservation of the right of the Spanish Sovereignty over the country, in which is granted to the English only the privilege of making use of the wood of the different kinds, the fruits and other produce, in their natural state, are here confirmed; and the same restrictions shall also be observed with respect to the new grant. In consequence, the inhabitants of those countries shall employ themselves simply in the cutting and transporting of SPAIN. the said wood, and in the gathering and transporting of the fruits, without Vol. I. Ch. II. meditating any more extensive settlements, or the formation of any system of government, either military or civil, further than such regulations as Their Britannic and Catholic Majesties may hereafter judge proper to establish, for maintaining peace and good order amongst Their respective subjects. 8. As it is generally allowed that the woods and forests are preserved, and even multiply, by regular and methodical cuttings, the English shall observe this maxim, as far as possible; but if, notwithstanding all their precautions, it should happen in course of time that they were in want of dying-wood, or mahogany, with which the Spanish Possessions might be provided, the Spanish Government shall make no difficulty to furnish a supply to the English, at a fair and reasonable price. 9. Every possible precaution shall be observed to prevent smuggling ; and the English shall take care to conform to the regulations which the Spanish Government shall think proper to establish amongst their own subjects, in all communications which they may have with the latter; on condition nevertheless that the English shall be left in the peaceable enjoyment of the several advantages inserted in their favour in the last Treaty, or stipulated by the present Convention. 10. The Spanish Governors shall be ordered to give to the said English, dispersed, all possible facilities for their removal to the settlements agreed upon by the present Convention, according to the stipulations of the 6th Article of the Definitive Treaty of 1783, with respect to the country allotted for their use by the said Article. 11. Their Britannic and Catholic Majesties, in order to remove every kind of doubt with regard to the true construction of the present Convention, think it necessary to declare that the conditions of the said Convention ought to be observed according to their sincere intention to ensure and improve the harmony and good understanding which so happily subsist at present between Their said Majesties. In this view, His Britannic Majesty engages to give the most positive orders for the evacuation of the countries above-mentioned, by all His subjects of whatever denomination; but if, contrary to such declaration, there should still remain any persons so daring as to presume, by retiring into the interior country, to endeavour to obstruct the entire evacuation already agreed upon, His Britannic Majesty, so far from affording them the least succour, or even protection, will disavow them in the most solemn manner, as He will equally do those who may hereafter attempt to settle upon the territory belonging to the Spanish Dominion. 12. The evacuation agreed upon shall be completely effected within the space of six months after the exchange of the ratifications of this Convention, or sooner if it can be done. 13. It is agreed that the new grants described in the preceding Articles, in favour of the English nation, are to take place as soon as the aforesaid evacuation shall be entirely accomplished. 14. His Catholic Majesty, prompted solely by motives of humanity, promises to the King of England, that he will not exercise any act of severity against the Mosquitos, inhabiting in part the countries which are to be evacuated, by virtue of the present Convention, on account of the connections which may have subsisted between the said Indians and the English; and His Britannic Majesty, on His part, will strictly prohibit all His subjects |