awaits unauthorized pretenders of European agency to stimulate and interpose in wars between the United States and the Indians within their control.

This exposition of their origin, the causes and the character of the war with the Seminole Indians and part of the Creeks, combined with MacGregor's mock patriots and Nicholls's negroes which necessarily led our troops into Florida and gave rise to all those incidents of which Pizarro so vehemently complains, will, it is hoped, enable you to present other and sounder views of the subject to his Catholic Majesty's government. It will enable you to show that the occupation of Pensacola and St. Marks was occasioned neither by hostility to Spain nor with a view to extort prematurely the province from her possession; that it was rendered necessary by the neglect of Spain to perform her engagements of restraining the Indians from hostilities against the United States and by the culpable countenance, encouragement, and assistance given to those Indians in their hostilities by the Spanish government and commandant at those places; that the United States have a right to demand, as the president does demand, of Spain the punishment of those officers for this misconduct and he further demands of Spain a just and reasonable indemnity to the United States for the heavy and necessary expenses which they have been compelled to incur, by the failure of Spain to perform her engagement to restrain the Indians aggravated by this demonstrated complicity of her commanding officers with them in their hostilities against the United States. .

That the two Englishmen, executed by order of General Jackson, were not only identified with the savages with whom they were carrying on the war against the United States, but that one of them was the mover and fomenter of the war, which, without his interference and false promises to the Indians of support from the British government, never would have hap pened; that the other was the instrument of war against Spain as well as the United States; commissioned by MacGregor and expedited by Woodbine, upon their project of conquering Florida with these Indians and negroes; that as accomplices of the savages and sinning against their better knowledge, worse than savages, General Jackson, possessed of their persons and of the proofs of their guilt, might, by the lawful and ordinary usages of war, have hung them both without the formality of a trial; that to allow them every possible opportunity of refuting the

!

proofs, or of showing any circumstances in extenuation of their crimes he gave them the benefit of trial by a court-martial of highly respectable officers; that the defense of one consisted solely and exclusively of technical cavils at the nature of part of the evidence against him and the other confessed his guilt; finally that in restoring Pensacola and St. Marks to Spain the president gives the most signal proof of his confidence, that hereafter her engagement to restrain by force the Indians of Florida from all hostilities against the United States will be effectually fulfilled — that there will be no more murders, no more robberies within our borders by savages, prowling along the Spanish line and seeking shelter within it, to display in their villages the scalps of our women and children, their victims, and to sell with shameless effrontery the plunder from our citizens in Spanish forts and cities that we shall have no more apologies from Spanish governors and commandants of their inability to perform the duties of their office and the solemn contracts of their country, no more excuses for compliances to the savage enemies of the United States from the dread of their attacks upon themselves, no more harboring of foreign impostors upon compulsion — that strength sufficient will be kept in the province to restrain the Indians by force and officers empowered and entrusted to employ it effectually to maintain the good faith of the nation by the effective fulfilment of the treaty.

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The duty of this government to protect the persons and property of our fellow citizens on the borders of the United States is imperative; it must be discharged; and if after all the warnings that Spain has had if after the prostration of all her territorial rights, neutral obligations by Nicholls and his banditti during war, and all her treaty stipulations by Arbuthnot and Ambrister abetted by her own commanding officers during peace to the cruel annoyance of the United States if the necessities of self defense should again compel the United States to take possession of the Spanish forts and places in Florida, declare with the frankness and candor that becomes us, that another unconditional restoration of them must not be expected; that even the president's confidence in the good faith and ultimate justice of the Spanish government, will yield to the painful experience of continual disappointment; and that after unwearied and almost unnumbered appeals to them for the performance of their stipulated duties, in vain, the United States will be reluctantly compelled to rely for the protection of their borders upon themselves alone. JOHN QUINCY ADAMS.

APPENDIX D.

1795.

TREATY OF FRIENDSHIP, LIMITS, AND NAVIGATION.

CONCLUDED OCTOBER 27, 1795; RATIFICATIONS EXCHANGED AT ARANJUEZ APRIL 25, 1796; PROCLAIMED AUGUST 2, 1796.

His Catholic Majesty and the United States of America, desiring to consolidate, on a permanent basis, the friendship and good correspondence which happily prevails between the two parties, have determined to establish, by a convention, several points, the settlement whereof will be productive of general advantage and reciprocal utility to both nations.

With this intention, his Catholic Majesty has appointed the most excellent Lord Don Manuel de Godoy, and Alvarez de Faria, Rios, Sanchez, Zarzosa, Prince de la Paz, Duke de la Alcudia, Lord of the Soto de Roma, and of the state of Albala, Grandee of Spain of the first class, perpetual Regidor of the city of Santiago, Knight of the illustrious Order of the Golden Fleece, and Great Cross of the Royal and distinguished Spanish Order of Charles the V., Commander of Valencia del Ventoso, Rivera, and Acenchal in that of Santiago, Knight and Great Cross of the religious Order of St. John; Counsellor of State; Superintendent General of the Posts and Highways; Protector of the Royal Academy of the Noble Arts, and of the Royal Societies of Natural History, Botany, Chemistry, and Astronomy; Gentleman of the King's Chamber in employment; Captain General of his Armies; Inspector and Major of the Royal Corps of Body Guards, &c., &c., &c., and the President of the United States, with the advice and consent of their Senate, has appointed Thomas Pinckney, a citizen of the United States, and their Envoy Extraordinary to His Catholic Majesty. And the said Plenipotentiaries have agreed upon and concluded the following

articles:

ARTICLE 1.

There shall be a firm and inviolable peace and sincere friendship between His Catholic Majesty, his successors and subjects, and the United States and their citizens, without exception of persons or places.

ARTICLE 2.

To prevent all disputes on the subject of the boundaries which separate the territories of the two high contracting parties, it is hereby declared and agreed as follows, to-wit: The southern boundary of the United States, which divides their territory from the Spanish colonies of East and West Florida, shall be designated by a line beginning on the river Mississippi, at the northernmost part of the thirty-first degree of latitude north of the equator, which from thence shall be drawn due east to the middle of the river Appalachicola, or Catachouche, thence along the middle thereof to its junction with the Flint; thence straight to the head of St. Mary's River, and thence down the middle thereof to the Atlantic Ocean. And it is agreed that if there should be any troops, garrisons, or settlements of either party in the territory of the other, according to the above mentioned boundaries, they shall be withdrawn from the said territory within the term of six months after the ratification of this treaty, or sooner if it be possible; and that they shall be permitted to take with them all the goods and effects which they possess.

ARTICLE 3.

In order to carry the preceding article into effect, one commissioner and one surveyor shall be appointed by each of the contracting parties, who shall meet at the Natchez, on the left side of the river Mississippi, before the expiration of six months from the ratification of this convention, and they shall proceed to run and mark this boundary according to the stipulations of the said article. They shall make plats and keep journals of their proceedings, which shall be considered as part of this convention, and shall have the same force as if they were inserted therein. And if on any account it should be found necessary that the said commissioners and surveyors should be accompanied by guards, they shall be furnished in equal proportions by

the commanding officer of His Majesty's troops in the two Floridas, and the commanding officer of the troops of the United States in their southwestern territory, who shall act by common consent, and amicably, as well with respect to this point as to the furnishing of provisions and instruments, and making every other arrangement which may be necessary or useful for the execution of this article.

ARTICLE 4.

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. And His Catholic Majesty has likewise agreed that the navigation of the said river, in its whole breadth from its source 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.

ARTICLE 5.

The two high contracting parties shall, by all the means in their power, maintain peace and harmony among the several Indian nations who inhabit the country adjacent to the lines and rivers, which, by the preceding articles, form the boundaries of the two Floridas. And the better to obtain this effect, both parties oblige themselves expressly to restrain by force all hostilities on the part of the Indian nations living within their boundaries; so that Spain will not suffer her Indians to attack the citizens of the United States, nor the Indians inhabiting their territory; nor will the United States permit these last mentioned Indians to commence hostilities against the subjects of His Catholic Majesty or his Indians in any manner whatever. And whereas several treaties of friendship exist between the two contracting parties and the said nations of Indians, it is hereby agreed that in future no treaty of alliance, or other whatever (except treaties of peace), shall be made by either party with the Indians living within the boundary of the other, but both parties will endeavor to make the advantages of the Indian trade common and mutually beneficial to their respective