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the date of the convention of 1802, and until the signature of this treaty.
The renunciation of His Catholic Majesty extends
1. To all the injuries mentioned in the convention of the 11th of August, 1802.
2. To the sums which His Catholic Majesty advanced for the return of Captain Pike from the Provincias Internas.
3. To all injuries caused by the expedition of Miranda, that was fitted out and equipped at New York.
4. To all claims of Spanish subjects upon the Government of the United States arizing 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 Government of the United States in which the interposition of his Catholic Majesty's Government has been solicited, before the date of this treaty and since the date of the convention of 1802, or which may have been made to the department of foreign affairs of His Majesty, or to his Minister of the United States.
And the high contracting parties, respectively, renounce all claim to indemnities for any of the recent events or transactions of their respective commanders and officers in the Floridas.
The United States will cause satisfaction to be made for the injuries, if any, which, by process of law, shall be established to have been suffered by the Spanish officers, and individual Spanish inhabitants, by the late operations of the American Army in Florida.
The convention entered into between the two Governments, on the 11th of August, 1802, the ratifications of which were exchanged the 21st December, 1818, is annulled.
The United States, exonerating Spain from all demands in future, on account of the claims of their citizens to which the renunciations herein contained extend, and considering them entirely cancelled, undertake to make satisfaction for the same, to an amount not exceeding five millions of dollars. To ascertain the full amount and validity of those claims, a commission, to consist of three Commissioners, citizens of the United States, shall be appointed by the President, 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 from the time of their first meeting, shall receive, examine, and decide upon the amount and validity of all the claims included within the descriptions above mentioned. The said Commissioners shall take an oath or affirmation, to be entered on the record of their proceedings, for the faithful and diligent discharge of their duties; and, in case of the death, sickness, or necessary absence of any such Commissioner, his place may be supplied by the appointment, as a foresaid, or by the President of the United States, during the recess of the Senate, of another ('ommissioner in his stead.
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The said Commissioners shall be authorized to hear and examine, on oath, every question relative to the said claims, and to receive all suitable authentic testimony concerning the same. And the Spanish Government shall furnish all such documents and elucidations as may be in their possession, for the adjustment of the said claims, according to the principles of justice, the laws of nations, and the stipulations of the treaty between the two parties of 27th October, 1795; the said documents to be specified. when demanded, at the instance of the said Commissioners.
The payment of such claims as may be admitted and adjusted by the said Commissioners, or the major part of them, to an amount not exceeding five millions of dollars, shall be made by the United States, either immediately at their Treasury, or by the creation of stock, bearing an interest of six per cent. per annum, payable from the proceeds of sales of public lands within the territories hereby ceded to the United States, or in such other manner as the Congress of the United States may prescribe by law.
The records of the proceedings of the said Commissioners, together with the vouchers and documents produced before them, relative to the claims to be adjusted and decided upon by them, shall, after the close of their transactions, be deposited in the Department of State of the United States; and copies of them, or any part of them, shall be furnished to the Spanish Government, if required, at the demand of the Spanish Minister in the United States.
The treaty of limits and navigation, of 179.5, remains confirmed in all and each one of its articles excepting the 2, 3, 4, 21, and the second clause of the 22d article, which, having been altered by this treaty, or having received their entire execution, are no longer valid.
With respect to the 15th article of the same treaty of friendship, limits, and navigation of 1795, in which it is stipulated that the flag hall cover the property, 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 at war with a third party, and the other neutral, the flag of the neutral shall cover the property of enemies whose government acknowledge this principle, and not of others.
Both contracting parties, wishing to favor their mutual commerce, by affording in their ports every necessary assistance to their respective merchant-vessels, have agreed that the sailors who shall desert from their vessels in the ports of the other, shall be arrested and delivered up, at the instance of the consul, who shall prove, nevertheless, that the deserters belonged to the vessels that claimed them, exhibiting the document that is customary in their pation: that is to say, the American (Consul in a Spanish port shall exhibit the document known by the name of articles, and the Spanish (onsul in American ports the roll of the vessel; and if the name of the deserter or deserters who are claimed shall appear in the one or the other, they shall be arrested, held in custody, and delivered to the vessel to which they shall belong.
ARTICLE XIV The United States hereby certify that they have not received any compensation from France for the injuries they suffered from her privateers, Consuls, and tribunals on the coasts and in the ports of Spain, for the satisfaction of which provision is made by this treaty; and they will present an authentic statement of the prizes made, and of their true value, that Spain may avail herself of the same in such manner as she may deem just and proper.
The United States, to give to His Catholic 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 Catholic Majesty, agree that Spanish vessels, coming laden only with productions of Spanish growth or manufactures, directly from the ports of Spain, or of her colonies, shall be admitted, for the term of twelve years, to the ports of Pensacola and St. Augustine, in the Floridas, without paying other or higher duties on their cargoes, or of tonnage, than will be paid by the vessels of the United States. During the said term no other nation shall enjoy the same privileges within the ceded territories. The twelve years shi commence three months after the exchange of the ratifications of this treaty.
The present treaty shall be ratified in due form, by the contracting parties, and the ratifications shall be exchanged in six months from this time, or sooner if possible.
In witness whereof we, the underwritten Plenipotentiaries of the United States of America and of His Catholic Majesty, have signed, by virtue of our powers, the present treaty of amity, settlement, and limits, and have thereunto affixed our seals, respectively.
Done at Washington this twenty-second day of February, one thousand eight hundred and nineteen.
JOHN QUINCY ADAMS. L. S.]
TEMPORARY GOVERNMENT OF FLORIDA-1819 a
(FIFTEENTH (CONGRESS, SECOND SESSION]
An Act to authorize the President of the United States to take possession of
East and West Florida, and establish a temporary government therein. Be it enacted by the Senate and Ilouse of Representatives of the United States of Imerica in Congress assembled, That the President of the United States be, and he is hereby, authorized to take possession of, and occupy, the territories of East and West Florida, and the appendages and appurtenances thereof; and to remove and transport the officers and soldiers of the king of Spain, being there, to the Havana, agreeably to the stipulations of a treaty between the United States and Spain, executed at Washington, on the twentysecond day of February, in the year one thousand eight hundred and nineteen, providing for the cession of said territories to the United States; and he may, for these purposes, and in order to maintain in said territories the authority of the United States, employ any part of the army and navy of the United States, and the militia of any state or territory which he may deem necessary.
SEC. 2. And be it further enacted, That, until the end of the first session of the next Congress, unless provision for the temporary government of said territories be sooner made by Congress, all the military, civil, and judicial, powers, exercised by the officers of the existing government of the same territories, shall be vested in such person and persons, and shall be exercised in such manner, as the President of the United States shall direct, for the maintaining the inhabitants of said territories in the free enjoyment of their liberty, property, and religion; and the laws of the United States, relative to the collection of revenue, and the importation of persons of colour, shall be extended to the said territories; and the President of the United States shall be, and he is hereby, authorized, within the term aforesaid, to establish such districts, for the collection of the revenue, and, during the recess of Congress, to appoint such officers, whose commissions shall expire at the end of the next session of Congress, to enforce the said laws, as to him shall seem expedient.
a For other statutes of an organic nature relating to Florida subsequent to 1819 see the act to protest against occupation of Florida by any other power, joint resolution of January 15, 1811; to authorize the president to occupy Florida, January 15, 1811; to authorize the president to take possession of certain territory, March 3, 1811; to authorize the president to take possession of West Florida, February 12, 1812 (all these resolutions are printed in Statutes at Large III, 471-472, under year 1818); to establish a government in, act of March 3, 1821 ; to regulate commerce and trade in, March 30, 1822; to relieve the people from certain ordinances, May 7, 1822; to amend act establishing a government, March 3, 1823; to settle claims arising in, March 3, 1823; to consent to an act of Florida levying a poll-tax, April 22, 1824; to reorganize the courts of, May 26, 1824; to settle land claims and provide for the preservation of public archives, March 3, 1827; to reorganize courts and provide for elective legislative council, May 15, 1826; to provide for erection of election districts, April 28, 1828 ; to establish a southern judicial district, May 23, 1828 ; to give citizens right to elect officers, and to apportion members of legislative council, January 21, 1829; to erect a town on school lands, March 2, 1829; to authorize governor to appoint to certain vacancies, May 8. 18:30; to alter time of holding sessions of legislative council, May 14, 1830; to elect additional members of the legislative council, March 22, 1832; to fix jurisdiction of court of appeals, July 14, 1832 ; to equalize representation in, June 18, 1834; to increase salaries of judges, June 30, 1834; repeal of Florida act laying tax on slaves of nonresidents, June 30, 1834; to regulate sessions of courts, February 25, 1836; to disapprove and unul certain acts of legislature of Florida, July 1, 1836; to confirm a Florida ict incorporating a railroad, June 28, 1838: to reorganize the legislative council, establishing two houses called senate and house of representatives, July 7. 1838 ; to authorize legislature to regnate apportionment of representatives, and to provide for popular election of justices of the peace and militia officers, June 155, 1814: to supplement the art for the admission of Floridal and lowa into the union, March 3, 1845,
SEC. 3. And be it further enacted, That the sum of twenty thousand dollars is hereby appropriated for the purpose of carrying this act into effect, to be paid out of any moneys in the treasury not otherwise appropriated, and to be applied under the direction of the President of the United States.
Sec. 4. And be it further enacted, That this act shall take effect, and be in force, whenever the aforesaid treaty, providing for the cession of said territories to the United States, shall have been ratified by the king of Spain, and the ratifications exchanged, and the king of Spain shall be ready to surrender said territory to the United States, according to the provisions of said treaty.
Approved, March 3, 1819.
TERRITORIAL GOVERNMENT OF FLORIDA—1822
[SEVENTEENTH ('ONGRESS, FIRST SESSION]
An Act for the establishment of a territorial government in Florida a Be it enacted by the Senate and Ilowse of Representatives of the United States of America in Congress assembled, That all that territory ceded by Spain to the United States, known by the name of East and West Florida, shall constitute a territory of the United States, under the name of the territory of Florida, the government whereof shall be organized and administered as follows:
SEC. 2. Ind be it further charteil, That the executive power shall be vested in a governor, who shall reside in the said territory, and hold his office during the term of three years, unless sooner removed by the President of the United States. He shall be commanderin-chief of the militia of the said territory, and be ec-officio superintendent of Indian affairs; and shall have power to grant pardons for oifences against the said territory, and reprieves for those against the United States, until the decision of the President of the United States thereon shall be made known; and to appoint and commission all officers, civil and of the militia, whose appointments are not herein otherwise provided for, and which shall be established by law; he shall take care that the laws be faithfully executed.
a This act was amended by acts approved March 23, 1823; May 26, 1824 : May 15, 1826; April 28, 1828 ; January 1, 1829; March 22, 18:32; July 14, 18:32; and June 18, 1834.