article of the subsequent treaty with Spain, excited some apprehensions in Great Britain, that it might countenance an attempt to exclude her from the navigation of the Mississippi, the explanatory article which you mention was formed, declaring, That no stipulations in any treaty subsequently concluded by either party can be understood to derogate from the rights of free intercourse and commerce secured by the said third article to the subjects of his Britannick majesty, and to the citizens of the United States.-The fourth article of our treaty with Spain received its peculiar form with the design that it might not derogate from the prior stipulations of the United States with Great Britain. And this, as I shall presently show you, was perfectly understood by the government of Spain. And let me assure you, that the federal government no more seeks the excuse, than it merits the imputation, "that England, by her treaty with America, had surprised its good faith."

In discussing their respective projects of a treaty, it appears that the Prince of Peace, on the part of Spain, proposed that Mr. Pinckney, on the part of the United States, should enter into a stipulation which would have gone to the exclusion of Great Britain from the navigation of the Mississippi. To this project Mr. Pinckney returned the following answer :

TRANSLATION.

Extract from the "Notes on the project of a Convention proposed by His Excellency the Prince of Peace, Sept. 25,1795." "THE words alone' and 'exclusively' should be omitted; for Spain could scarcely confide in the good faith of the United States, or in the Convention which she is about to conclude with them, if they agreed to an article which would be an infraction of a treaty previously concluded ;-for by the Treaty of Peace between the United States and Great Britain, concluded in .783, it is stipulated that the navigation of the river Mississippi shall continue free to the subjects of Great Britain and to the citizens of the United States."

Here, sir, you see that the Federal government, far from “ giving his Catholick majesty (as you suggest) reason to believe that they had annulled, as illegal, the claim which they had made with England, as to this point, in the 8th article of the treaty of 1783,"-expressly declared that the attempt would be a violation of the good faith of the United States pledged to Great Britain in that treaty.

To get rid of the embarrassment, the particular form of expression which we find in the 4th article of the treaty with Spain was adopted. You will observe, sir, that this, like every other treaty, contains, generally, the joint stipulations of the

contracting parties. Such is the stipulation of the United States and Spain in the beginning of the 4th article: "It is likewise agreed that the western boundary of the United States which separates them from the Spanish colony of Louisiana, is in the middle of the channel or bed of the river Mississippi, from the northern boundary of the said States to the completion of the thirty-first degree of latitude north of the equator."-Then follows the clause respecting the navigation of the Mississippi. "And His Catholick Majesty has likewise agreed that the navigation of the said river, in its whole breadth, from its scource 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.” Here Spain is the sole party to the excluding clause. And the 21st article of the treaty presents a similar instance of a joint and separate stipulation. The two contracting parties jointly agree on the mode of adjusting the claims of American citizens for the losses they had sustained from the capture of their vessels by the subjects of Spain: and then "His Catholick Majesty undertakes to cause the same to be paid."—Now it might with as much propriety be affirmed that the United States are by this clause bound to contribute (and equally with his Catholick majesty) to those payments, as be inferred from the declaration of his Catholick majesty singly, in the 4th article, relative to the exclusive navigation of the Mississippi, that the United States have thereby engaged to exclude from it the subjects of Great Britain.

The simple fact is, that the United States were contending with Spain for the free navigation of the Mississippi for them. selves; and by this clause in the fourth article of the treaty their claim was admitted. Any declaration of his Catholick majesty alone, to exclude other nations, was to them quite immaterial.

Thus, sir, I have answered to all your complaints, and, I hope, satisfactorily. The United States, equally with his Catholick majesty, are desirous of preserving the best harmony between the two countries; and the American government will always be disposed to adopt any proper measures for that end.

I have the honour to be, &c.

TIMOTHY PICKERING.

The Chevalier de Yrujo, Envoy Extraordinary and Minister Plenipotentiary of his Catholick Majesty to the United States of America.

No. XVIII.

Copy of a letter from General Pinckney to the Secretary of State, dated Paris, February 1, 1797.

[No. 6,]

DEAR SIR,-The day after I had closed my last of the 24th ultimo, (No. 5) intelligence was received that Bounaparté had obtained a most brilliant victory in Italy,-that he had made twenty-three thousand Austrian prisoners; killed and wounded six thousand, and had taken sixty pieces of cannon, and twenty-four standards; and the day after the arrival of this news, the following letter was written to me by Mr. Delacroix :

The Minister for Foreign affairs, to Mr. Pinckney, AngloAmerican. Paris, the 6th Pluviose, 6th year of the French Republick, one and indivisible.'

THE Executive Directory has charged me to make known to you, that not having obtained special permission to reside at Paris, you are amenable to the law which obliges foreigners to quit the territory of the Republick, I had the honour of informing you near two months ago, by the principal secretary of my department, of the intentions of the government in this respect; I cannot dispense with notifying you of them to-day. Receive, sir, &c. CH. DELACROIX.

To which I returned the following answer:

“To the Minister of Exterior Relations. Paris 7th Pluviose,

1797.

"CITIZEN MINISTER,-I did not receive until three o'clock to-day, your note in date of the 6th instant, informing me that the Directory had charged you to acquaint me, that not having obtained particular permission to reside at Paris, I was subject to the law which obliged strangers to quit the territories of the Republick. I intimated to you some time since, by the secretary-general of your department, and by major Rutledge, my secretary, that I deemed a notification of this sort, in writing, from you, necessary previous to my departure. Having now received

it, I shall without delay prepare to go, and, in the mean while, will be obliged to you for the necessary passports for myself and family, with our baggage, to quit the Republick in my way to Holland. Accept, citizen minister, &c.

CHARLES C. PINCKNEY."

I should have made some observation on being termed AngloAmerican, but, on inquiry, I found it was customary to call all my countrymen so, to distinguish us from the inhabitants of St. Domingo, and the other French West India Islands. I have received my passports, and shall, in two days, set out for Amsterdam. I know not what has occasioned this determination of the Directory, after having permitted me to remain here so long a time from their refusal to acknowledge me. You will judge whether the answer of the Senate and the House of Representa. tives to the President's speech, and the late successes in Italy, have not concurred to occasion it. Mr. Delacroix assured major Rutledge, that he acted by the express orders of the Directory in this particular, and not from himself.

Your letter of the 26th of November, with the duplicate of your letter of the 5th of the same month (the original of which has not reached me) I received the 29th ultimo, and am happy to find that Mr. Adet's disorganizing manœuvres have been treated by my countrymen in the manner they deserved, and that his attempts to divide has tended to unite them. I most ardently wish, that we would banish all party distinctions and foreign influence; and think and act only as Americans-for all parties in this country unite in thinking that we ought to act as if we were altogether their dependents, and indebted to them solely, and not to our own exertions for our liberty and independence. Hence our treaty with Great Britain is here generally execrated, and our having any kind of commercial connexion with that country, even if the treaty had not been made, would, I believe have been disliked. They wish to destroy the trade of Great Britain, and they look upon us as one of her best customers, and to obtain their object they care not what we suffer. I shall write to you again, as soon as I arrive at Amsterdam. Please to direct to me under cover to our bankers there, and be assured I am, &c.

Colonel Pickering, Secretary

of the United States.

CHARLES C. PINCKNEY.

MESSAGE

FROM THE PRESIDENT OF THE UNITED STATES TO CONGRESS. JUNE 12, 1797.

I HAVE received information from the commissioner appointed, on the part of the United States, pursuant to the third article of our treaty with Spain, that the running and marking of the boundary line between the colonies of East and West Florida, and the territory of the United States, have been delayed by the officers of his Catholick Majesty; and that they have declared their intention to maintain his jurisdiction, and to suspend the withdrawing of his troops from military posts they occupy, within the territory of the United States, until the two governments shall, by negotiation, have settled the meaning of the second article respecting the withdrawing of the troops, garrisons or settlements of either party in the territory of the other; that is, whether, when the Spanish garrisons withdraw, they are to leave the works standing, or to demolish them; and until, by an additional article to the treaty, the real property of the inhabitants shall be secured; and likewise until the Spanish officers are sure the Indians will be pacifick. The two first questions, if to be determined by negotiation, might be made subjects of discussion for years, and as no limitation of time can be prescribed to the other, a certainty in the opinion of the Spanish officers that the Indians will be pacifick, it will be impossible to suffer it to remain an obstacle to the fulfilment of the treaty on the part of Spain.

To remove the first difficulty, I have determined to leave it to the discretion of the officers of his Catholick Majesty, when they withdraw his troops from the forts, within the territory of the United States, either to leave the works standing, or to demolish them; and to remove the second, I shall cause an assurance to be published, and to be particularly communicated to the minister of his Catholick Majesty, and to the governour of Lousiana, that the settlers or occupants of the lands in question, shall not be disturbed in their possessions by the troops of the United States; but on the contrary, that they shall be protected in all their lawful claims; and to prevent or remove every doubt on this point, it merits the consideration of Congress, whether it will not be expedient, immediately, to pass a law, giving positive assurances to those inhabitants who by fair and regular grants, or by occupancy, have obtained legal titles or equitable claims to lands in that country, prior to the final ratification of the treaty between the United States and Spain, on the twenty-fifth of April, one thousand seven hundred and ninety-six.