IV.

That at no time whatever there may be any dispute or mistake in the boundaries which shall separate in future the territories of his Catholic Majesty and those of the United States, to the westward of the Mississippi, the two high contracting parties have agreed to fix them in the following manner:-The boundary line between the two countries shall begin on the Gulph of Mexico, at the mouth of the river Sabina in the sea; continuing north, along the middle of that river, to the 32° of latitude; thence, by a line due north, to the 33° of latitude where it strikes the Rio Roxo of Natchitoches, Red River, following the course of the Rio Roxo to the westward to the 100° of longitude; and 33° latitude, where it crosses that river; thence, by a line due north, by the said 100° of longitude from London, according to Melish's map, till it enters the river Arkansas; thence, along the middle of the Arkansas, to the 42° of latitude; thence a line shall be drawn to the westward by the same parallel of latitude to the source of the river San Clemente, or Multnomah, following the course of that river to the 43° of latitude; and thence, by a line due west, to the Pacific Ocean. All the country belonging to his Catholic Majesty included in said line to the eastward, his Majesty cedes to the United States, in full property and sovereignty, forever; as also the islands in the rivers Sabina, Red River of Natchitoches, Arkansas, and Multnomah, that may be situated within the limits which are here pointed out; both parties to maintain the navigation of all of them free as respects the parts thereof which constitute their frontiers.

V.

To fix this line with more precision, and to place the landmarks which shall designate exactly the limits of both nations, each of the contracting parties shall appoint a commissioner and a surveyor, who shall meet before the termination of one year from the date of the ratification of this treaty, at Natchitoches, on the Red River, and proceed to run and mark the said line, in conformity to what is above agreed upon and stipulated; they shall make out plans and keep journals of their proceedings, and the result agreed upon by them shall be considered 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 these persons, and also as to their respective escorts, should such be deemed necessary.

COUNTER PROJECT OF A TREATY.

Communicated by Mr. Adams to Don Luis de Onis, the 13th of February, 1819.a

The United States of America, and his Catholic Majesty, desiring to consolidate, on a permanent basis, the friendship and good correspondence which happily prevails between the two parties, have determined to settle and terminate all their differences and pretensions, by a treaty, which shall designate, with precision, the limits of their respective bordering territories in North America.

With this intention, the President of the United States has furnished with their full powers John Quincy Adams, Secretary of State of the said United States, and his Catholic Majesty has appointed the most excellent Lord Don Luis de Onis Gonzales Lopes y Vara, Lord of the town of Rayaces, Perpetual Regidor of the Corporation of the City of Salamanca, Knight Grand Cross of the Royal American Order of Isabella the Catholic, decorated with the Lys of La Vendee, Knight Pensioner of the Royal and distinguished Spanish Order of Charles the Third, member of the Supreme Assembly of the said Royal Order, of the Counsel of His Catholic Majesty; his Secretary, with exercise of decrees, and his Envoy Extraordinary and Minister Plenipotentiary near the United States of America.

And the said Plenipotentiaries, after having exchanged their powers, have agreed upon and concluded the following articles:

I.

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.

II.

His Catholic Majesty cedes to the United States, in full property and sovereignty, all the territories which belong to him, situated to the eastward of the Mississippi, known by the name of East and West Florida. The adjacent Islands, dependent on said Provinces, all public lots and squares, vacant lands, public edifices, fortifications, barracks and other buildings, which are not private property, archives and documents, which relate directly to the property and sovereignty of said Provinces, are included in this

a [The greater portion of this project is omitted as irrelevant. For complete text, see State Papers, 1st Session, Sixteenth Congress, pages 40-42.-Agent's note.]

article. The said archives and documents shall be left in possession of the Commissaries, or officers, of the United States, duly authorized to receive them.

III.

The boundary line between the two countries, west of the Mississippi, shall begin on the Gulph of Mexico, at the mouth of the River Sabine, in the sea; continuing north, along the western bank of that river, to the 32d degree of latitude; thence, by a line due north, to the degree of latitude where it strikes the Rio Roxo of Natchitoches, or Red River; thence, following the course of the Rio Roxo, westward, to the degree of longitude 102 west from London, and twenty-five from Washington; then, crossing the said Red River, and running thence, by a line due north, to the river Arkansas; thence, following the course of the southern bank of the Arkansas, to its source, in latitude 41 north; and thence, by the parallel of latitude, to the South Sea; the whole being as laid down in Melish's Map of the United States, published in Philadelphia, improved to the first of January, 1818. But, if the source of the Arkansas river should be found to fall north or south of latitude 41°, then the line shall run from the said source due south or north, as the case may be, till it meets the said parallel of latitude 41; and thence, along the said parallel, to the South Sea: the Sabine and the said Red and Arkansas rivers, and all the islands in the same, throughout the course thus described, to belong to the United States; and the western bank of the Sabine, and the southern banks of the said Red and Arkansas [rivers,] throughout the line thus described, to belong to Spain. And the United States hereby cede to His Catholic Majesty all their rights, claims, and pretensions, to the territories lying west and south of the above described line; and His Catholic Majesty cedes to the said United States all his rights, claims, and pretensions, to any territories east and north of the said line, and, for himself, his heirs, and successors, renounces all claim to the said territories forever.

IV.

To fix this line with more precision, and to place the land marks which shall designate exactly the limits of both nations, each of the contracting parties shall appoint a commissioner and a surveyor, who shall meet before the termination of one year from the date of the ratification of this Treaty, at Natchitoches, on the Red River, and proceed to run and mark the said line from the mouth

71210-11- -9

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; they shall make out plans, and keep journals of their proceedings, and the result agreed upon by them shall be considered 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 escorts, should such be deemed necessary.

Paper received by the Secretary of State from Mr. Hyde de Neuville, 16th February, 1819.a

[Translation.]

Remarks of the Chevalier de Onis. Remarks of the Secretary of State.

ARTICLE I.

Agreed.*

ARTICLE 2.

Requires a more explicit explanation.*

The Secretary of State maintains, that the United States have always intended that the property of the river should belong to them. He insists on this point, as an essential condition, as the means of avoiding

a [The following note appears in the original Congressional document. See State Papers, 1st Session, 16th Congress, pp. 46-77.-Agent's note.]

Mr. de Onis being at this time confined by indisposition, at his request Mr. Hyde de Neuville had a personal interview with the Secretary of State on the 15th of February, at which there was a full and free discussion of the project of Mr. de Onis, delivered February 9th, and of the counter project communicated by him to Mr. de Onis, February 13th. Immediately after this interview, Mr. de Neuville reduced to writing this paper, in which are noted the objections of Mr. de Onis to parts of the counter project; the replies to those objections by the Secretary of State, and the points to which both parties were agreed. He sent a copy of the paper the next morning to the Secretary of State, and another copy to Mr. de Onis. Being intended merely as a private minute, that both parties might be satisfied of the correctness in which their respective remarks were stated, it was drawn up partly in French, and partly in our own language. The passages here marked with asterisks, are in English in the original paper. The rest is translated.

The minutes upon the 8th article, compared with the draft in the project of Mr. de Onis; with that of the counter project by the Secretary of State, and with the article, as finally expressed in the treaty, fully elucidate the understanding of the parties, that the grants of land, dated before, as well as after, the 24th January, 1818, were annulled, excepting those upon which settlements had been commenced; the completion of which had been prevented by the circumstances of Spain, and the recent revolutions in Europe.

The passages marked thus (*) are in English in the paper received from Mr. de Neuville.