North Carolina Newspapers

: .- .-f ' -. - . . . - r f NUMBER-155, VOLUxME III J jHSTZO AND PUBLISHED WEEKLY, BY PASTEUR 4- WATSOV, At $ 3 per annum-half in advance. BY AUTHORITY. TREATY Of 4nity, Settlement, arid Limits, be ' 'tween the United States of America and His CathoUc Majesty. The United States of America and His Catholic Majesty, desiring to con Jolidate, on a permanent basis, the friend ship and good correspondence which L3ppUyprevails between the two par have tletermined to settle and ter ninate all theiir differences and preten sions by a Treaty, which shall designate with precision, the limits of their re spective ordering territories in North America. , n .. ,! . With this intention, the President of the United States has furnished with their full powers, John Quincy Adams, Sec retary of State of the United States ; and his Catholic Majesty has appointed the pnt excellent Lord Don Louis De Onis, Gonsa'lez, Lopezsy Vara, Lord of the torn of Rayaces, perpetual Regidorfof the Corporation of the City of Salamanca, Kniiht Grand Crosof the Royal Ameri can Order of Isabella the Catholic, deco rated with the Lys of La Vendee, Knight Pensioner of the Royal and distinguished Spanish Order of Charle the Third, Member of the Supreme Assembly t of the aiil Royal Order, of-the Xouncil ! of Iris Catholic -Majesty hi-? Secretary, with Kxercise of Decrees, and Envoy Extraordinary and Minister Plenipoten tiary near the United Stales of Amer ica. And the said Plenipotentiaries, after having exchanged their powers, have agreed upon and concluded the follow ing articles : ARTICLE 1. j There shall be a firm and inviolable peace and sincere friendship between the United States and their citizens, and his Catholic Majesty, his successors and subjects, without exception of persons or places. I ARTICLE 2. His.fcatholic Majesty cedes to the United tStates in full property and sove reignty, all the territories which belong to him situated to the eastward of theMis assisi;pi, known by the name of East and West Florida. The adjacent islands dependent on said provinces, all public his and squares, vacant lands, public ed- iiices. 1'ortifinbLnjs. hnrrarks. nnrl nthpr huildings which are not private property, archieves and documents which relate directly to the property and sovereignty of said provinces are included in this arti cle. The said archieves and documents shall be left in possession of the commis saries or officers of the United State3, du ty authorized to receive them. K .ARTICLE 3. The boundary line between the two countries, west of the Mississippi, j shall begin at the Gulph of Mexico, at the mouth of the River Sabine, in the sea, continuing north, along the eastern bank of that river in the 32d degree of latitude thence, by a line due north, to the degree of lattitude where it strikes the Rio Roxo cf Natchitoches, or Red River ; ! then following the course of the Rio- Roxo westward, to the degree of longitude 100 yest from London, and 23 from Wash ington j then, crossing the said Red Ri ver, and running thence,- by a linevdue north, to .the river Arkansas ; thence following the course of the southern bank of the Arkansas, to its source, in lati tude 42 north ; and thence by that par allel of latitude, to the South Sea. The hole being as laid down in Melish's fran of the United 'States 'nuhtili.l . 7 I ....... ui Philadelphia, improved to 1st of January, uut, ii the source of the Arkan iver shall be found to fall north or of latitude 42, then the Hue shall Jn trom the same source due north, as us may be, till it meets the said i " i.e, oi latitude 42, and thence, along Said narallol .-. c...u c . 11 .1 nds inthe Sabine, and thesaidRed and -'-w rivers, throughout the course described, to belong to the United le5 5 but use of the waters and the navigation of the Sabine to the sea, and of th? said rivers Roxo and ' Arkansas, throughout the extent of the said bounda- rj, on their" respective .banks, shall be coramon to the respective inhabftants of both nations."- r i The two high contracting parties agree to cede and , renounce all their rights, claims, and pretensions, to the territories described by the said line ; that is to say : "the United States hereby cede . to his Catholic MaipstL and rpnrmncp fnrpvpr. J J 7 . -WW., . nounces all claim to the said territories forever. - f ARTICLE 4. To fix this line with more precisOn, and to place thedand-marks which shall designate exactly the limits of both na tions, each of the contracting parties shall appoint a commissioner and a sur-veyor,-who shall meet before the termi nation of .one year, from the date of the ratification of this treaty, at Natchitoches, on the Red river, and proceed Jo run and mark the said line, from the mouth of the Sabine to the Red river and from the Red river to the river Arkansas, and to ascertain the latitude of the source of the said river Arkansas, in conformity to what is above agreed upon and stipulated, and the lie of latitude 42 to the South Sea, they shall make, out plans, and keep journals of thefr proceedings, -and the re sult agreed upon by them shall be con sidered as part of this treaty, and shall have the same force as if it were inserted therein. The ' two governments will amicably agree respecting the necessary 'articles to be furnished to those persons, and also as to .their respective escoits, should such be deemed necessary. ARTICLE 5. The inhabitants of the ceded territo ries shall be secured in the free exercise of the I religion without anv restriction, and all those who may desire to remove to the Spanish dominions shall be per mitted to sell or export their effects at any . time whatever, without being subject, in either case,1 to duties. article 6. . The inhabitants of the territories which t .11 . - . I T nis uatnonc lajesiy ceues 10 me uni ted States, by this treaty, shall be incor porated in the Union of the United States, as soon as may be consistent with the principles of the federal constitution,' and admitted; to all the privileges, rights, and immunities of the citizens of 4lhe United States. article 7- The officers and troops of his Catho lic Majesty, in the territories hereby ce ded by him to the United States, shall be withdrawn, and possession of the places occupied by them shall be given within six months after the exchange of the rat ification of the Treaty, or sooner, if pos sible, by the officers of his Catholic Ma jestyyto the commissioners Dr officers of the United States, duly appointed to re ceive them; and the, United States shall furnish the transports and escort necessa ry. to convey ' the, Spanish officers and troops, and their baggage to the Havana. ARTICLE 8. All the grants of land made before the 24th of January, 1818, by his Catholic Majesty, or by 'his lawful authorities in the said territories ceded by his Majesty to the United States, shall be ratified and confirmed to the persons in pos session of the lands, to the same extent that the same grants would be valid, it me territories naa reraaiueu unuei dominion of his Catholic Majesty. But the owners in possession of such lands who, by reason of the recent circumstan ces of the Spanish nation, and the revo lutions in Europe, have been prevented from fullfiling all the conditions of their grants, shall complete, them within the terras limited in the same, respectively, from the date of this treaty ; in default of which, the said grants shall be null and void. All grants marJe since the 24th of January, 1818, when the first proposal, on the part of his Catholic Ma jesty, for the cession of the Floiidas, was made, are hereby declared, and agreed to be, null-and void. V? i ' article 9. .iic mo niffQ contrarlimr narties. 'an imated with the most earnest desire of conciliation and with, the object of put ting an end to all the differences which have existed between them, and of con firming the good understanding which they wish to . be forever ..maintained be- all their rights, claims, and pretensions, tory and jurisdiction of Spain. to the territories lying west and south of S. To all claims lot indemnities on ac the above described- line ; and, in like count of the- suspension of the right of manner, his Catholic Majesty cedes to deposirat New-Orleans, inj-1802. . : the said ! United States . all his rights, j 4. To all claims jof: citizens of the U claimsand pretensions, to any terrfto- ; nited States upon I the government of ries east and north of the said line, and I.Spain, arising from! the unlawful seizures tor hhnself his heirs, and successors, re- ! at sea, and i the ports and territories jof tween them,: r?ciprpcaUy nqance all claims3 for damages? or -injuries -which theyj themselves ai well "as. their respec- tive citizens and subjects, may. have &uf- fered until the time bf signing thiy treaty, i: The renuiiciatioh of the United States shal extend, to ajl; the injuries mentioned in the convention of the 11th of August, 1802. 2. To all claims pn account or prizes made by French privateers and condem ned bv French consuls, within the terri- Spain, and the SDanish colonies. 5. To all claims of citizens ot the U- nitedStates upon the Spanish govern ment, statements of which, soliciting the interposition of the government of the U nited States have been presented to the department ofSme1, or to the Minister of the United States in Spainisince the date of the! convention -of . 1802, and until the signature of jtljis treaty. The renunciation of his Catholic Ma jesty extends, ! I ; J 1. To all the injuries mentioned in the, convention of 1802:. Ij . 2. To the sums which! his Catholic Majesty advanced for the return of Capt. Pike from the Proyincias Jnternas. 3. To all injuries caused by the expe dition of Miranda, .that was fitted but and equipped at New-York. 1 . ' 4.. To all claim i of Spanish subjects upon the government of the United States, arising from unlawful seizures at sea, or within the ports and territorial jurisdiction of the United States. ; Finally, to all the claims of subjects of his Catholic Majesty, upon the gov ernment of the United States, in which, the interposition of his Catholic Majes ty's government; has been solicited be fore, the date of this treaty, and sirtce the date of the convention of 1802, or which may hatfe been made to the department of Foreign Affairs of his Majesty, or to his , Ministers in! the United States. lAnd the high contracting parties respectively, renounce all claim to indem nities for any of the receni events or trans actions of their r respective commanders and officers in the Floriclas, The United States wijl cause satisfac tion to be made for the injuries, if any, which, by process of law, shall be estab lished to have been suffered by the Span ish officers, and . individual Spanish in habitants, by the jlate operations, of the American army, in Florida. ' .' ARTICLE 10. The convention entered" into by the two governments, on the 1 1th August, 1S02, the ratification of whichwere ex changed the 21st December, 1818, is annulled. j j " article il. i i The United States, exonerating Spain from all demand in .future, on account of the claims of their citizens to which the renunciations! herein contained ex tend, and considering tliem entirely can celled, undertake to make satisaction for the same, to an amount not exceeding five millions1 ofj dollars. To ascertain the full amount,' and validity of these claims, a Commission tb consist of three Commissioners, j citizen's of the United States, shall be appointed by the Presi dent, by and with the 'advice and consent of the Senate, which Commission shall meet at the. City of Washington, and, within the space! of three years frni the time of theinfirsjt meeting, shall receive, examine and decide upon the amount and validity' of all ; the1 claims included within the description Jabove mentioned. Xhe said commissidners shall take an oath or affirmation, to be entered on .the record of their proceedings,' for the faith ful and diligent discharge of their duties ; and, in case of - jthe ; death, sickness, or necessary absence, of any commissioner, his place may .be supplied by, the appoint ment aforesaid, for by the President of the United States during, the . recess of the Senate, of another commissioner in his stead. The said cojnjnissioner shall be authorised to hear and examine, on bath, every question relative to' the said claims, and to receive all suitable authentic tes timony concerning h4 same.' And the Spanish government) shall . furnish all such documents aqdt elucidations 'as i may be in their possessionfor the adjustment of the said' claims, accbtding io the prin ciples of justice, the laws of nations,, and the stipulations of the. treaty between the 1705 - two parties oi me 2 tn uctoDer, th wid dftrnmiintft tn ho crwifW when demanded" at;tbe m$tance of the sad coraraissionersJ ; i The payment of such claims as may be admitted and .adjusted, . by the iaid ; commissioners, or the major part of them to an amount not exceeding five milliona of dollars ; shall be made by the United States, either immediately at: their Trea suryj or by the creation of stock bearing an interest at 6 per cent. per. annum, payable from the proceeds of public lands within the territories hereby, ceded to the United States, or in such n anner as the Congress of the United States may pre scribe by law. f 1 he records of the proceedings of the said, commissioners, together with the vouchers ahd documents produced before them, relative to the claims to be adjust ed and decided upon byv them, shall, af ter the close of their transaction's bs de posited in the Department of State of the United States ; and copies-of tliem or any pait of them, shall, be furnished to the Spanish Government if required, at the demand of the, Spanish Minister in the United States. : article 12, The tfeaty of limits and navigation of 1795, remains confirmed in all, and each one of its articles, excepting the 2d 3d, 4th, 21st, and the 2d clause of the 22d article j which having been altered by this treaty, or having received "their en tire execution are no longer valid, j. With respect to the 15th article of the same treaty of Friendship, Limits, and Navigation, of 1795, in. which it is stipu lated, that the fiag'shall cover the! pro perty, the two. high contracting parties agree that this shall be so understood with respect to those powers who recog nize this principle; but if either of: the two contracting parties shall be 1at war with a third party, and the other neutral, the flag of the5 neutral shall i cover the property of enemie's, whose government Etcknowledge.this principle and not of others. ,-' ;.. " T" ; article 13. ! i Both contracting parties wishmsr to fa vor their mutual commerce', by affording in their ports every necessary assistanjee to their respective mercant vesssels have agreed that the sailors who shall4 desert from their vessels io the ports; of the bther shall be arrested and delivered up, at the instance of the consul, who shall plrove nevertheless, that the deserters belong to the vessels that claim ; them exhibiting tne aocumeni uiai is customary ui ineii nation ; that is to. say the American Consul in? Spanish port, shall exhibit the document known by the name of Articles, and the Spanish Consul in the American ports the Roll of Vessels; and 1 , if the name of the deserter or deserters, who are claimed, shall appear in one or the other, they shall be arrested, held in custody, and delivered to the vessels to w hich they shall belong. article 14.' The United States hereby certify that they have not received any compensation trom r ranee, ior me injuries mey suner ed front her privateers, consuls, and tri bunals, on the coasts, and in the ports, of r- - it ev' Spain, for the satisfaction oj which pro- vision is made by this treaty1 ; and they will nresent an authentic statement of the prizes made, and oflheir true value, that Spain may avail herself of the same, in such manner as she may deem it just and proper. article 15. The United States, to give to his Cath olic Majesty a proof of their desire to Cement the relations of amity subsisting between the two nations, and to favor the commerce of the subjects of his Cath otic iVlajesty, agree that Spanish vessels, coming laden only with productions of Spanish growth or manufactures, directly from the ports of bpain or ot her colonies shall be admitted for the term of twelve , years, to the ports of Pensacola and St. Augustine, in the Floridas, without pay-, in other or higher duties on their car- ; goes, or ot tonnage man wiu uc pm vnccolo r I TnitH states. Liunii" mci other nation shall enjoy said term the same privileges within the ceded ter no ritories. The twelve years shall com mence three months after the exchange of the ratification of the treaty. : article 16. TUa nr0pnt treatv shall be ratified in due form bv the contracting parties, and the ratification shall oe excnangcu m si months from this time, or sooner if pos sible. ' ! , i whereof, we, the undenrnt- An Pionmntpntiaries of the United States of America, and bis Catholic Majesty have signed ; by virtue of our powers, ' the present Treaty of Amity, Settle- mnts. and Limits, ana nave inereuoiu affixed our seals, respectively. ; ; j I pone at Washington, this twenty 1 k '" ' ' second (lay of Febnary, .one thousand eight hundred and nineteen. '- s- seal. JOHN QUINCY ADAMS. sealo loihs pz Onis. v - 1 And whereas his said Catholic Majes ty did, on the twenty-fourth day of Octo ber, in the year .of our Lord, one. thou- , sand eight, hundred and twenty, . ratify and confirm the said Treaty, which , ratif fication is in the words and of the tenor following : , - . ' or ' ' . . ' 1 " Ferdinand the Seventh, by the grace of God, and the constitution of the Span-, ish monarchy, King of the Spains. Whereas, on the' twenty-second day of February, of the year one ..thousand eight hundred and nineteen last past, a Treaty was concluded, and signed in the City of, Washington, between Don Louis de Onis, my Envoy Extraordinary and Minister Plenipotentiary, and John Quin cy Adams, Esquire, Secretary of State of the United States of America, competent ly authorized by both parties, consisting of sixteen articles, which had for their ' object the arrangement of differences, and of limits between both governments and their . respective territories; hich are " of the following form and literal 1 tenor".' ; -.. . ' : : "Therefore, having seen and examin ed the sixteen articles aforesaid, and bar- '' ing first obtained the consent and author- ' ity of the General Cortes of the nation with respect to the cession mentioned and stipulated in the 2d and 3d articles. I approve 'ano ratifyall and every one of these articles referred to, and the clauses whiclvare V contained in then; and, in virtue of these presents, I approve and ratify them ; y promising, otn he faith and word of a King, to execute and bbserya them, md cause them to be executed and observed eniirely as if t myself had sigt ed them ; andrthat the circumstance of having exceeded the term of six months, fixed for the exchange of the ratifications ! iri the lCth article may afford no obstacle' ; in any manner, it is my deliberate will ; that the present ratification be as valid .and firm, and pr6duce the same effects, as if it had been done within ;the deter-' ':m'ined period. Desirous at the same tinie of avoiding any doubt or ambiguity concerning the meaning of the 8th orti cle of the said treatyJn respect! to the date which is pointed out iri it as the pe- rioa ior lueconnrmauon oi tne grants oi lauds in the Floridas, made by me, or by the competent authorities in my royal' name', which point of date was fixed i n the positive understanding of the exants! of land madejn favoi of the Duke of Air agon. the Count of Punonfostro, and Don fedro de Vargas, bein annulled by its tenor, I think proper to , decare that the said three grants have remained and do remain entirely annulled and in valid : and that neither the three indi viduals mentioned, nor those who may 1 have title or interest throiighjthera, can i avairthemselves of the said grants at any . . . a . t . t time, or in any manner : under which, explicite declaration tlie said 8th article is to be understood as ratified. : In the! faith of all which I have commanded to ; despatch these presents. Signed by my hand, sealed with my secret seal, countersigned by the under written my Secretary of Despatch of State. H ' Given at Madrid, the Iwenty-fourth of October, one thousand eiht hundred and twenty. A - Signed, . FERDLNAND. ! , Countersigned, i j Evaristo Perez de Castro,'') AN I ACT to extend the time for loca ting Virginia Military , Land Warrants, and returning surveys thereon to the General Land Office. .. j Be it enacted by the Senate and House. of Representatives of the United States of America in Congress assembled, That Hie VUH.ci oil" ui IUC f llgllJia Line on Continental EstablisbmeiM, their heirs or assigns, entitled to bounty lands within the tract of country reserved by tne State of Virginia, between the Little Miami and Scioto Rivers, shall be allow ed a further time of two vears, from the Ipurth day of January, one thousand eight -- - - - - . - hundred and twrttv-one, to obtain warrants and complete their . locations, and the further time of four years from the fourth day of January, one thousand eight ' hundred andtwenty-two, to feturn their ' purveys and warrants, or certified copies bf warrants, to the General Land Office, to obtain patents. Sec. 2. And be it further enacted, That the provisions of the act entitled " An act authorising patents to nrve tor Jands located and turreyed by virtue P 1 . I! H J ! I v i ,"J '. J"