The fouthern boundary of the United States which divides their territory from the Spanish colonies of East and WestFlorida, shall be designated by a line beginning on the river Miffiffippi 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 Apalachicola or Carahsuche, thence along the middle thereof to its junction with the Flint, then 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, garrifons, or settlements of either party on the territory of the other according to the above-mentioned boundaries, they shall be withdrawn from the faid territory within the term of fix months after the ratification of this treaty, or fooner, if it be poffible; and that they shall be permitted to take with them all the goods and effects which they poffcfs. Art. III. In order to carry the preceding article into effect, one commiffioner and one surveyor shall be appointed by each of the contracting parties, who shall meet at the Natches, on the left side of the river Mississippi, before the expiration of fix months from the ratification of this Convention, and they shall proceed to run and make this boundary according to the ftipulations of the faid article. They shall make plats and keep journals of their proceedings, which shall be confidered as part of this Convention, and shall have the same force as if this were inferted therein. And if on any account it should be found necessary that the faid commiffioners and furveyors should be accompanied by guards, they shall be furnished in equal proportion 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 the fouth-western territory, who shall aft by common consent and amicably, as well with respect to this point, as to the furnishing provisions and instruments, and making every other arrangement which may be necessary or useful for the execution of this article. Art. IV. 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 Mislissippi, from the northern boundary of the faid States, to the completion of the thirty-first degree of latitude north of the equator. And his Catholic Majesty has likewife agreed, that the navigation of the fard river, from its fource 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 fubjects of other powers by a special convention. Art. V. The two high contracting parties shall, by all 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 article, form the boundaries of the two Floridas; and the better to attain this effect, both parties oblige themselves expressly to restrain, by force, all hostilities on the part of the Indian nations living within their boundary: so that Spain will not fuffer their Indians, inhabiting their territory, nor will the United States permit their last mentioned Indians to commence hoftilities against his Catholic Majesty, or his Indians, in any manner whatsoever. 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 whatsoever, (except treaties of peace) shall be made by either party with the Indians living within the boundary of the other; but both parties will endeavour to make the advantages of the Indian trade common and mutually beneficial to their respective subjects and citizens, observing in all things the most complete reciprocity, so that both parties may obtain the advantages arifing from a good understanding with the said nations, without being subject to the expence which they have hitherto occafioned. Art. VI. Each party shall endeavour, by all the means in their power, to protect and defend all vessels and other effects belonging to the citizens or subjects of the other, which shall be within the extent of their jurifdiction, by sea or by land, and shall use all their efforts to recover, and cause to be recovered to the right owners, their vessels and effects which may have been taken from them within the extent of their said juritdiction, whether they are at war or not with the subjects who have taken possession of the said effects. Art. VII. And it is agreed that the subjects or citizens of each of the faid contracting parties, their vessels or effects, shall not be liable to any embargo or detention on the part of the other for any military expedition, or other public or private purpose whatsoever. And in all cases of seizure, detention, or arrest for debts contracted, or offences committed by any citizen or subject of the one party within the jurisdiction of the other, the same shall be made and profecuted by order and authority of law only, and according to the regular course of proceedings usual in such cafes. The citizens and subjects of both parties shall be allowed such advocates, folicitors, notaries, agents, and factors, as they judge proper, in all their affairs, and in all their trials at law, in which they may be concerned before the tribunal of the other party, and fuch agents shall have free access, to be present at the proceedings in such caufes, and at the taking of examinations and evidence which may be exhibited in the said trials. Art. VIII. In case the subjects and inhabitants of either party, with their shipping, whether public and of war, or private and of merchants, be forced, through stress of weather, pursuit of pirates or enemies, or any other urgent neceffity for taking shelter and harbour, to retreat and enter into any of the rivers, bays, roads, or ports belonging to the other party, they shall be received and treated with all humanity, and enjoy all favour, protection, and help, and they shall be permitted to provide themselves, at reasonable rates, with victuals, and all things needful for the sustenance of their perfons, or reparation of their ships, and prosecution of their voyage; and they shall no ways be hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, with. out any let or hindrance. Art. IX. All ships and merchandize of whatever nature foever, which shall be rescued out of the hands of any pirates or robbers on the high feas, shall be brought into some port of either flate, and shall be delivered to the custody of the officers of that port, in order to be taken care of, and restored to the true proprietor, as soon as due and fufficient proof shall be made concerning the property thereof. Art. X. When any vessel of either party shall be wrecked, foundered, or otherwise damaged on the coafts, or within the dominion of the other, their respective subjects and citizens shall receive, as well for themselves as for their vessels and effects, the same assistance which would be due to the inhabitants of the country where the damage happens, and shall pay the fame charges and duties only as the said inhabitants would be fubject to pay in a like cafe: and if the operation of repairs would require that the whole, or any part of the cargo be unladen, they shall pay no duties, charges, or fees on the part which shall relade and carry away. Art. XI. The citizens and subjects of each party shall have power to dispose of their personal goods within the jurisdiction of the other, by teftaments, donations, or otherwise, and their representatives, being subjects or citizens of the other party, Ball fucceed to their faid personal goods, whether by testament or ab inteftato, and they may take poffeffion thereof, either by themselves or others acting for them, and dispose of the same at their will, paying fale duties only, as the inhabitants of the country wherein the same goods are, or shall be subject to pay in bike cases. And in case of the absence of the representative, such care shall be taken of the faid goods, as of a native in like cafe, until the lawful owner may take measures for receiving them: and if questions should arise among feveral claimants to which of them the goods belong, the same shall be decided by the laws and judges of the land wherein the faid goods are. And where, on the death of any person holding real estate within the territories of the one party, such real estate would, by the law of the land, descend on a citizen or subject of the other, were he not disqualified by being an alien, such subject shall be allowed a reasonable time to fell the same, and to withdraw the proceeds, without molestation, and exempt from all right of detention on the part of the government of the respective States. Art. XII. The merchant ships of either party which shall be making into ports, or into a port belonging to the enemy of the other party, and concerning whose voyage, and the species of goods on board her, there shall be just grounds of fufpicion, shall be obliged to exhibit, as well upon the high seas as in the ports and havens, not only her passport, but likewise certificates, expressly shewing that her goods are not of the number of those which have been prohibited as contraband. Art. XIII. For the better promoting of commerce on both fides, it is agreed, that if a war shall break out between the two faid nations, one year after the proclamation of war shall be allowed to the merchants in the cities and towns where they shall live, for collecting and transporting their goods and merchandizes, and if any thing be taken from them, or any injury done them within that term, by either party, or the people or subjects of either, full fatisfaction shall be made by the govern ment. Art. XIV. No fubject of his Catholic Majesty shall apply for, or take any commiffion or letters of marque, for arming any ship or ships to act as privateers against the United States, or against the citizens, people, or inhabitants of the said United States, or against the property of any of the inhabitants of any of them, from any Prince or State with which the United States shall be at war. Nor shall any citizen, subject, or inhabitant of the faid United States, apply for, or take any commiffion or letters of marque, for arming any fhip or ships, to act as privateers against the subjects of his Catholic Majesty, or the property of any of them, from any Prince or State with which the said King shall be at war. And if any person of either nation shall take such commission or letters of marque, he shall be punished as a pirate. Art, XV. It shall be lawful for all and fingular the subjects of his Catholic Majesty, and the citizens, people, and inhabitants of the United States, to fail with their ships, with all manner of liberty and security, no distinction being made who are the proprietors of the merchandizes laden therein, from any port to the places of those who now are, or hereafter shall be at enmity with his Catholic Majesty or the United States. It shall be likewise lawful for the subjects and inhabitants aforefaid, to fail with the ships and merchandizes afore-mentioned, and to trade with the same liberty and security, from the places, ports, or havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only from the places of the enemy afore-mentioned to neutral places, but alfo from one place belonging to an enemy, to another place belonging to an enemy, whether they be under the jurisdiction of the same Prince, or under several; and it is hereby stipulated that free ships shall also give freedom to goods, and that every thing shall be deemed free and exempt which shall be found on board the ships belonging to the subjects of either of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemy of either; contraband goods being always excepted. It is also agreed, that the same liberty be granted to perfons who are on board a free ship, so that although they be enemies to either party, they shall not be made prifoners, or taken out of that free ship, unless they are foldiers, and in actual service of the enemies. Art. XVI. This liberty of navigation and commerce shall extend to all kinds of merchandizes, excepting those only which are diftinguished by the name of contraband: and under this name of contraband, or prohibited goods, shall be comprehended arms, great guns, bombs, with their fuses, and the other things belonging to them, cannon balls, gunpowder, match, pikes, swords, lances, spears, halberts, mortars, petards, grenades, falt-petre, muskets, musket balls, bucklers, helmets, breaft plates, coats of mail, and the like kinds of arms, proper for arming foldiers, musket rests, belts, horses with their furniture, and all other warlike instruments whatever. These merchandizes which follow shall not be reckoned among contraband or prohibited goods; that is to say, all forts of cloths, and all |