tatts o
.J
Trti the National InltUizencer :
ATTEMPThave been recently trifo
JetUr front;f and reprefrntattaus of
occurrences at' Madrid; to excite' the f sUo
Ines of the public 6t tht ilfue" f a f-
tion of mat' magnitude1, to the Uniiei i
Statci. : I is faid that the king ef Spai
has refufed'to, ratify the Convention lr
tho indemnification for fpoliaied ptoDcrif ,
on feyeral; grounds, among; wbichv js al
figoed ,the legiflative authority given f o
tba Prefident to efeft fl fort( ot entry ft
the Mobil and ha water emptying dF
the Gulph of Mexico eatt of that river;
i f lvnemer a m irucirw opam numuiei
S '. . '. ot this; or any other rround to ratify i' i
. ?envenilort..'WO flia'i 1i6:u&dv-kaC LAJ
""""Tayt much lets te determine the accuracy
or the fafl; that Mr, Pinckoey feas demand
' ded his paflports and is about turning t
A.lf !. I I' -' -J I -
f me unueu diaicj vr wneina wb ere on
the eve of a wir .with SpaW. . - We (hall
oniy ODierye met ne piaures arawn in
fome of the Eaftern pr'tpta appear to us Co
extravagantly coloured as to lead toafuf.
' ..' picioa that ; they ;.arf intended fo tover
JomeN commercial .project; Waving,
however, alt conGderarions arifing oik of
- thefe circtimftances, . at ' unfiled from the
' little knowledge refpetiing tbera in pof.
' 1 Hi on of tho' public, to afford much ira-
purtant light, we kave eonpdered it pro
per to attcmpt'laying before the public a
viy w of the mtritf of . the interefliag
q'fellion.fWhat are the boundaries of
Louifiinai". as acquired . by the United
S:a es from JTrrice by, the latt treaty of
cclCon. ' This point, iadepeodent of any
" conn ccii an it may have with the ratihca
l lion of tho convention, or with any penJ.
, ing negociatten, is extremely important
and although the difcufSoa of it, at this
time, msybe premature,"' as ft has been
brought into public notice, it appears ne
cetTary to avoid erroneous irapreons, to
ftlte the prominent fads on which its de
cifinn'muft dppend. We (lull at prefent
' auempt little more than this j oar objeel
being to take fure ground, and to exhibit
a fhorLand clear view of . fads, and to
, draw thofo inferences oaly which imme-.
diatcly Haw from them. ' , . :
Inordcrto exhibit this view. the more
diftinAIy, it is necelTarr to go back to an
early perloJ of the colonization ot Loui-
liana. ' . ; -
I' In the year 1763, M: Jollet and Mar
f : OHctte, two French Canadians, excited
I bjr the information of the Indians, ex
plored and fl ruck the MifRflippl.' 'which
f they dcLeaJeJ to the Arkanfas. Their re
- , .prefentations awakened the curioGty of
; . l. ao la ba'e and M. Jonti, who in the
)
-
i
.1
- -
ii " W MidiSppI, landed on
Jebruarv, in tha bar ef St.
r
i' :
11
i
year 16 So, under tho permiffion o the
french tovcrnment, explored the MiKis
ftppi. On the lower part of the Illineis he
garrifoced a fort calleJ Crevecour t and
Fkj fent father Ilenntpin down the MilUt,
fippl until he reached the ocean. lo
J682, M.li SaleanJ M. lontl went down
aha river ' with fixty men, named the
country 'LouiSans, - built a fort ia the
Chickafaw territory, 6j leagues bclnw the
Ohio, by the name ef Prmihamme,' M
la Sale then returaeJ to France. The
Freach eovernmenr, enterini with ardour
into til fiheme of forming fettlements a
long tne it Lawrence and. M'ilfippi
from fca to Tea, placed under hit jiec
tlon fjuf vcHcli, with men end Bore.
V tie failed ( but milHng the mouth
the iB.h of
bay ef St. Ucrnud.
ilere he cnils two fuctcfure aftablift.
rtcnts, i '": ' '
' About this time ihf Oietaller Tontl
4cfctnded to the mouth ot the MifTifTippl,.
and en afcending the river, : formed a p-r.
manfnt fettlement on the Arkanfas. Not
krg after, this peiiod fcvera other fmall
fftileTeats wcrf made by cnicrptiring
renckmen.
i til) ararcemreencedbrtwttnFrance
""J Spainrwhich fatlc4 tilt l69jducing
khuk crM nothing appears to have
m o'.e br France o fuccosr ber role,
ry. ta 1698, M. IT Iberville was d f .
f itcWd as Cjovtfnor. lie edablifhcd
ifvo fctt1etrnts, one at Ifie MalTacre,
' which he railed ICe Dauphin, and the o.
thtr at Mobile It my be pto,' o
obftrvc that durlm the war in lf?5,
Spilt hid tiVcnpol at Pcnrco!a. ' '
fi..m thefs fifls it follows that Frinre
erjnyed the aclual and undiQurbcd pof
fcilljiof the roif) from the Mobile to
she Pay of Su CrnarJ, and from the
mouih i. the M fjilippl le the Illireis,
which rtherwith ohef territory , com.
tnf wl at is worn called WcO rlorida,
ut which tkre, logethet wrlih the toon
try, altar ef Csm.ia, wsftlbytU com.
Jn this conditloo tttines ffdW. wheri !
;Loujs XI V, by Jettera patent, on the 14th
bept.'l7t2, granted tl M. -roxav toe
clulive; commerce of this country, s for. ,
fifteen vears. This dotwtflent is impor.
taut, as iteppeafs to contain thi Bril for
mal recognition of the wx tent of theFrench
poiTenciox. -:'Theexuaai id psint, iu as
.follows a ; " .;;-"-;'' - ;-!'
i Loais, y the grace of 5o3 King $
I France ad .Httartre 4 ' To1 ill -who ihall
fee theicJuctterS, Ureeting. ; The care wc
ha, veil way a had to. proc u re thd w: effa jr
Atd:;advantage of ouriubjects bav$ng ,Ht-:
tinual wars which w have been, obi i e-A
j lapport-. troxtt-'ithe bjrghjDiog 'f-"owr
feign, to feek lor all posubic opportunt-''
ties of rtilarsing and extending the trade
f our American colonies- we did im the
yen t68t give tur orJ&i 19 andertake 1
oucovery ot tne countries ana tanus which
are tituated in the Northern part or mt
rict between New France and New Mex
ico.,. And the Steur tie la Sale, to whom
weommitted ihat.enterprire, -having
had fucceTs enough to confirm belief
: that a c$mmunicatitH might, h tilled frm
jwew eranct u toe vrutpo mcxic oj
means of large rivers ; this obliged us imi.
mediately after the peace of Ryfwkk to"
give orders for the eftabiifhing a colony
there, and maintatointf i garrtlon,' tvbtcb
it kept sad preftrved the tffiffivit
had taken in the -very year iobj or the
lands, roalts and iUands which aie Ijtua-
ted in the Gulph bf Mexico between Caro-
fint On the Eaj, and Old "and New MexU
etn tbewtjt. out a new wtr Having
broke Out in avurope moniy atter, there
was no poffibility, till now, bf reaping
from that new v oony the advantages that
might "ave been expected from thence,
becaufe the private men, who are .con
cerned in the tea trade were all under en
eagementf wi:h other colonies which they
have been obliged to follow ty And where
t upon the informal ton we have recei
ved concerning ihe difpofiiion and fitua.
tion of the laii Zaunmei known ifprrltut
iy Ihe nme the Vrw'tkce if Ltuthona,
we are of opinion, that there may beef-
tabhlhed therein a conuderaoie commerce,
lo much the more advantageous 10 our
Kingdom, in that there. has hitherto been
a necedity of fetching front foreigners the
Ereateft part of the -commodities which
may be brought from thence, and becaule
in exchange thereof we need carry
thither nothing but commodities of be
growth and manufacture of our own
kingdom; we have rcfolved to grant ihe
commerce of the country of Louifiana to
the Sieur Anthony Crotat, our Counfcl.
tor: Secretary of the Hoofebold, Crown
and Revenue, to whom we cntrult the ex.
ecutlon of thi proieft. We are the more
readily Inclined hereunto, becaufe his zeal
and the lingular knowledge he has acqui.
' red in maritime commerce encourage ui
! to hope for as good fuccefs as he has ki
i theno had in the divers and fundry en.
terprifes he has cone upon, and which
the liberty of erjlargtni as weihalT think '
.6t vthe extent , of the governmet of ihe (did
country of lloiiiitaita,'' ; :.. r', ; v .. ....
this tsafolemB declaration vthit-ihe
I waters running d're&ly. r indirectly jnso .
roe iliiUKippi, no tne , country they em-
Drace, con tutu ted uief rovwee of Louiu- ,
aaa. withta these Iimite r ranee ctMitu
nued without difliitbaftce to extend her
fettlements till the; year ijbp
DurinEf
this weriod we'e formed the. treaties of
ayiwict in !697'!o Vfecbt tt Tt J. j 4 iidetonfo; to contraeT ilk limits I
p y K.aaai 1 a 13 1 4.,. , iw wnicu
In the 6rJ taee.-l Soals' fiioulates" ta;
" recedeX(wat toii the fame extent
Spain. ' To determine the import of this ,
ftijiulation. it is only necelTary jo afceivj m
tain the extent ot country embractd by
t be term Lou'Jtntta. ; It baa been clearly j; ,?
(hewa that previous, to .the cefTton oj
France to Spain Lbuifiatia extended to r .
i the Pedi4j, ' Had any thing ' occurred t V '
oreviouay te the date of the tieaty ta St;
ir
r
1 ioain 1 - thinp had ocirrml "the "t'miia -miift - - Km i
jwas a party, ' and which in cone of their i oufidereda iirtahered.-1'.Tyi bdriion nf v ;
Jrbvifipns invalidate the tigbts of France.
I I a s 71 1, the" French,, .took penfkcoU
liwutjapain, 10 wnora it- vaa icnorca at
ithe peace :f tytg j- 4Jce whichibe Per-w
dido, between, Mobile and fenfacota hat
been the acknowledged boundary betweea
Louifiana and Florida.-;7 : , --i-m ..rff
The boundaries of Louifiana. then.
held by France', were the coaft fldiflahfhj ,
tron thePerdjdo to the Rio Norte j up
that river to its fource thence to ihe '
bijtV lands and round the fources 'f the
MiUouuand MiflilTippi, and their waters
to the Alleghany mountains,, along thofe :
mountains and the high land furroundme
ihe , waters of she Mobile to the bead of
the Pcrdido, and duwn that, .river to the
ocean. ; -i.:- - . .
There was, it is true, a eollifion be.
tween thefe claims and thofo of the Eng.
liflt colonies, whole- charters extended
from lea to fea ; but, thefe interfering
claims were adi oftcd br the t reatv of Pa
ris of 73 ; by which tie MiflifTippi and
Ithe Iberville were made the limits of the1
Encllm poflTeflions on tl Eaft, and Louii
jianaontne welt." l.
"Thus, far thee, that ?s to the year 1767.
i tkere is - no doubt that,' what is now de
nominated Weft Florida, , was a '. part
Louifiana, :,' . I ? , -; , . .. ' ;, ' ...
To the war which commenced between
France and Englatid in I7J5,.' Spain i
176a, became a party oiv the fide of
t ranee, t nelnd having been lo fuccefs..
ful as to conquer a confiderable portion
of the Iflsnu ot Cuba from bpain, wgo
ciuona were enicrea into lor a - peace
In thefe negociations Great. BHtsm re
quired Florida and that part of Louifiana
between the Iberville and the Ferdido,in
exchange for Cuba. . To enable Spain to
offer thefe as an equivalent, France, by a
facret treaty, dated November 3, 176a,
(the fame day on which the preliminary
treaty of peace was fignedj confentcd to
cede 10 dpaio all Lou nana. Uy the dc
finitive treaty figned on the roth, of Fe
bruaiy, J763,. Fiance ceded to England
all Louifiana eaft of theMiCiffippi, except
the id and of New-Orleans t which with
the remainder of the province Ihe ceded
to Spain. Ihe cession to Lngland, au
though formally on the pan of rrnce
(for the treaty between France and Spain
waillill fecre: was lubllantiaUy made by
Apain, who had become the real propne-
tor oj an t-otiuiana.
, territory ceded 1363 t Great-Britain;
".uvtcuco a ijpam in fi Jt "I'u tne r -
s Engtimd."-.' "Reaote'd to.'SpamVtthbogn',vA-
thu psme.was tot focmauy dilmitied, the ;
icrruaqr WBicn sr. covers was re-annexea
to ihe-coverriment of Louisiana, 'and hei !
old arrangements, previous to- it ;ceffionv t v
to England.' re.in dated.-? By Uiefe ar-v x
sngemeots Louifiana, ' as So .ittvexUnt,' t " !
was replaced art the fame Etuation ' it 1 cw'i .: J
CBfaied previous to the cefuon "of a part Y 1 f
tr to Qrcat-Biitain, whkh was'the fame; rf:
With that it hcldf when potaefsed by France, , - ;
utideV whofe arratlietnents' Weil Florida, " .
-tSL. J - :--"'-.-i .!. j..., .1- .'
But as if felicitous to remove all arahl.' .
guity, the treaty proceeds toifiipulat'e in . .
the hand place that Ltuiiam' Jhtl he rsw
de4 i t fa fnme extent tt , bad when ' Froncji -Plfefeditttini
ia previoufly to hi yearj.
1703.1? now the tact u thtt rrance- ne3 ,
ver poiaeisca nts province,7 witn any ex a ; ,
tent which did c include ; l8i .Ebrlifli Jt v :
province of VerF!)ldaV, It 1ter hao'
occurred id the framers of 'She'irtart 'ofa .
St. lldefonrtrthar Ajubti migbtrarife ;
to the meaning ' of . jhe: itjm the pro.' '.
lew vlnce of Louisiana,' after; Ihe ceflioci of a ' ,
of part of it to Great Britain," knd It's ; cef-,
, , cefiion to Spain."' Hence, the'' propriety ' '
-i.i!r...f ' -ii r.. l "1 . 1. 1 ' If
vi uiingaung an autn eottots ey occiarmg . .
that the new . ceiaion fhould be fn . the'"
fame extent it had ivbenfrnnce ftpftil il.:-
1 nis enectuauy let astwai rrgaid to the
tegulations 6l England. ? Suppoaing,
then, the firft ftipulaiitvi to be m doubt-l'
ful import; the fecond, fo platq as not to
or miy oTM:r conuruawn, com-.- -
in to remove all doubt. For It is an el-'
tabliOied principle of condruQion, - that- .
where ' there are two palaces ierdire 10 1
the fame end,' one of which is doubtlul, '
and the other cleat, the lad (ball precon.
derate.' The denial of ihis .c.onttfBctiorir
faying that it (hall have no meaning at all,,
which in fo folcmn au irjlrument 11 a.
treaty, and on fo important an occasion '
as the tranfei of territory, is altogether in;
admis:ible. ... -j ui ' -1 tX
In the third place it id fi'tthttd -tlt.
the ctffwnjhail be fmh it it s6l It be af
ter tin irtaliti pajjiijuhjtjuenily telweem'
Spain and tlbrrj!atetbit is fuhfequentlf .
10 tne cesi ion by rrance, which was ia .
the year 1762. Now fuufequently 10 this1 .
was formed the treaty ot ijoe between
have procured to our kingdom great qusn.
titics of gold & Giver in fuch Conjunctures
at have rendered ibera very wsitoine to
us. - .
For thefe resfons, being defiroos to
mew owr lavour to him, and to regulate
the conditiona uoon which - wc mean lo
grant hint the faid 'commerce, after ha.
ving deliberated this a (fair in our Council, j
of our certain knowledge, ' tnll power,'
and Roral Authority. We bylhele Pre
fents.figrd by our handi.havc srpntcdie
do appoint ihe faid Sieur Ctoiat folely to
cany on a trade in all the lands polklied
by u:, and bounded by New Mexico, and
bv the land r.1 the Enelilh of Carolina,
all the tJlaVijhmtntii prlt bavtntitivert.
.ana Principally tne put ana revre r toe
Ut Dauphime. htelfire taUtd Moffacre t
the river at St. Lewi, bere'aftre tailed
'IT'Tfttl fr lb & f ihift Mr far at
the Ithn At, Itttlher with the river St,
rbibp, berttttre called the Alifinritt, and
St. Jernme, rerelttre tolled Qvtbatbe M!ik
all the firiei, terriltriet, Uletwhhi
land, and tie rrvm wbitbf tt dirtilly ef
MireQIy fss that fart if the river St.
Lewie. ,'
J "Tha iattctis ill Oor pleafurt
It, that all ihe aforrfaid lands countries,
fireams, rivers, and IflanJi, be and remain
comprifed under the name if ibe livern
mintef Lenfane, which fh all be df pen
dent upon ilia general goveromrot ef
New France, to ahlch It is fubnrdinate
and further that all ihe Una's which we
polkia fiom the IHirois be united, fofar
as octaOnn require to the geacral govrra.
weM of New Franee, and become part
thereof, referring, however, to oeifclrss
: , England immediately divided the newly 11, Spain and the United States by which the'
j acquired poiTeGions into two diflincl go. II former confirmed 10 the latter a degree of
Qtrom 1 to 31 rlrgrceij
, yernovnts ; 10 one the gave the name of
ff cM llettda.mUcXt embraced the traa
t welt of the Apalachicola ; and to the o.
, ther emnracing the refidue of her poller.
' fioni, ihe cave that of Eaft Florida
This is thi firft thst wc heir of ffjf
Fhr js, it being a name given by Grsat-
Critain to a tubdiviuon ol her territory.
' At theclofeof the American war in
lyljGtcat-Critain rtfloted to Spain Flo.
; rids, and the country tail of the Iberville.1
Spaio, on taking poilrhton, continued,
wun lome modification tne cngiiin er
raneements. placinf, however, Weft
Floiida enderlhe iurifJidton of the go.
' vemor ol Louifiana, whorefided at ,New
Orleans i and fmce that time this territo
ry, aa ell in public inAruments, and ia
ccflcral renverfation. has font by the
name of Louifiana snd Weflr lorlda.tomc.
times tlte one and fometimea the other
name being ufed. -
' On ths lAof Oober, 1800, by the
treaty of St. Ildcfonfo, Spain receded to
J- ranee the colony or province ol Loui.
fiana, with the fame extent that it a Qua!-
Iy has in the bands of Spalo that it had
when France pofTcfled itand fuch as it
ought to be after the treaties pa fled fubfe.
uently between 5psin and other Huts.
On ihe joihof April, 1801, France
ceded lo ihe United States all the terri
tory which fae haj thus acquired from
Spain.
Thefe arc the facli en which tried fioa
Is to be made whether the CtfHoa by
Iranct to the United Statts does rr docs"
not embrace that portion of country caL
latituile (from 11 to it drgrceij wblcbv'
foe had alledned to be "art of Louisiana.?
u needed ;o France, and cor.fcqueotly be
longing to her. .- . ; ,1 , 1
According fo thefe Pipulations, takers
logeiher, Spain ceded Louiiiar.a to Franc
exaflly as France pofcfed it previous lo
the year 176, with the only esceptioa ofsfi
refarvstioo cf the rhts acknowtUged by
dpaia lo attach to the united Stat(, ani
Id this precife lhare Ffnce,' thus pofiet
fed of Luuitiana rat ceJeJ it to the Uni
ted States. If the (atls we have dated ardf
the inferencca deduced frum tl rmbecor
reil, it follows that the Perdtdo is, iho '
boundary of Louisiana, and confrquently
that Well Florida la a part cf the ccnioa
lathe United States. . ,
The fubjecl may admit cf a snuch U
der ilo8ratioirf and ftTml ot the jiolntc"
which we have but turfotily noticed wouU
'doubt'efl be enforced by many incidents
and argumemi that raight be aftociatei
with them; but we wave thefe forth'
prefer.!, tinder the petfoaiion that tla
conclle ft etch row oflcred is fu Orient to
evince the jud pretensions allevgeJ loba
CDtertsineu by out government. It la
pottibte (hat fome of the fifls aivumel
may not be corrsQ though we hava
tsken paint to avoid error, and a
emitted to introduce all doubtful Bau
ler, . . . '
ieeope
' " F RANCH, y- 1
AXKtVlllAIT Ot TRl MTU Of JUIV.
THE a&h of MeuMor, the annivtifa.
ry of the 14th ol July, all the Members of
the Legion of Honour who wete in Vul'p
V.ic 1
f
s
1