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E and F.
The seventh article of the definitive treaty of peace and unity between
the king of France, Spain, and England, signed at Paris on the 10th of February, 1763 ; which is word for word the same with the sixth article of the preliminary convention between the same powers, signed at Fontainebleau on the 3d of November, 1762.
Translated from authentic copies of both the articles in the French language, which have
been found to be identical, by Robert Greenhow, translator of foreign languages to the department of state of the United States; to which copies are appended the certificates of Don Ceferino Cevallos, keeper of the archives of the department of state at Madrid, that they are exact transcripts from the originals, and of Don A. Calderon de la Barca, envoy extraordinary and minister plenipotentiary of Spain, that they were transmitted to him by the secretary of state of Spain, and delivered to the honorable J. M. White, of Florida.
ARTICLE 7 or 6. In order to re-establish peace on solid and durable foundations, and to remove forever all motives for dispute respecting the limits of the French and British territories on the American continent, it has been agreed that the limits between the states of his most christian majesty and those of his Britannic majesty in that part of the world, shall hereafter be irrevocably fixed by a line drawn along the middle of the river Mississippi, from its source to the river Iberville; and thence, by another line through the middle of that river, and of the lakes Maurepas and Pontchartrain, to the sea ; and for this purpose, the most christian king cedes to his Britannic majesty, and guaranties to him, the entire possession of the river and port of Mobile, and of all that he possesses or should have possessed on the left bank of the river Mississippi, with the exception of New Orleans, and of the island whereon that city stands, which are to remain subject to France; it being understood that the navigation of the Mississippi river is to be equally free to the subjects of Great Britain and of France, in its whole breadth and extent, from
ce to the sea, and particularly that part between the said island of New Orleans and the right bank of the river, as well as the entrance and departure by its mouth. It is moreover stipulated, that vessels belonging to the subjects of either nation are not to be detained, searched, nor obliged to pay any duty whatsoever. The stipulations contained in the fourth article, in favour of the inhabitants of Canada, are to be of equal effect with regard to the inhabitants of the countries ceded by this article.
Note from the French Minister to the Spanish Ambassador ; trans
lated from a copy certified like that from which the preceding translation was mude.
VERSAILLES, April 21, 1764. To The Conde DE FUENTES :
Sir: The king has caused the necessary orders to be issued for the surrender of the country of Louisiana, with New Orleans and the island on which the said city stands, into the hands of the commissioner whom his catholic majesty may appoint to receive them. I have sent the same papers to the Marquis D'Ossun, who will have the honour to present them to his catholic majesty. Your excellency will see that the king's orders are entirely conformable with the acts signed in 1762, and that his majesty has caused some articles to be inserted, equally conducive to the tranquillity of the country after it is in the possession of his catholic majesty, and to the happiness of its inhabitants.
I have the honour to be,
With great esteem,
THE DUKE DE CHOISEUL.
Order from the King of France to the Governor of Louisiana to
deliver up that province to the Spaniards.
Translated by Robert Greenhow, translator of foreign languages to the department of
state of the United States, from an authentic copy of the original in the archives of the department of state of Madrid; to which copy are appended the certificates of Don Caferino Cevallos, keeper of the archives of the department of state at Madrid, that it is a faithful transcript from the original; and of Don A. Calderon de la Barca, en Foy extraordinary and minister plenipotentiary of Spain in the United States, that it was transmitted to him officially by the secretary of state of Spain, to be delivered to the honourable J. M. White, of Florida.
MONSIEUR DABADIE: By a convention made at Fontainebleu on the 3d of November, 1762, I ceded, of my own free will, to my very dear and well-beloved cousin the king of Spain, and to his successors and heirs, in perpetuity, purely, simply, and without exception, all the country known by the name of Louisiana, together with New Orleans and the island on which that city stands; and by another act, made at the Escurial, and signed by the king of Spain on the 13th of November of the same year, his catholic majesty accepted the cession of the said country of Louisiana, and of the city and island of New Orleans, conformably with the copies of the said acts
which you will receive with this. I now write to inform you of my intention, which is, that as soon as this letter and the annexed copies reach you, whether through the officers of his catholic majesty, or directly by the French ships charged with their delivery, you are to surrender into the hands of the governor or officer appointed for the purpose, by the king of Spain, the said country and colony of Louisiana and ihe posts dependent on it, together with the city and island of New Orleans, such as they may be on the day of the said surrender; as it is my wish that they should belong in future to his catholic majesty, to be governed and administered by his governors and officers as his property, entirely and without exception.
I therefore order you, as soon as the governor and troops of his catholic majesty arrive in the said countries and colony, to put them in possession, and to withdraw all the officers, soldiers, and persons employed in my service who may be there yet in garrison, sending back to France or to my other American colonies, those who may not choose to remain under the Spanish dominion. It is, moreover, my pleasure, that, after the evacuation of the said posts and city of New Orleans, you should collect all the papers and documents relative to the finances and administration of the colony of Louisiana, and bring them to France for the regulation of the accounts. It is nevertheless my wish that you should deliver to the said governor or officer appointed for the purpose, all papers or documents which may specially concern the government of the colony, either as relating to the territory and its limits, or to the savages, and to the different posts, after having taken the proper receipts for your discharge; and that you should give to the said governor all the information in your power, to enable him to govern the said colony to the satisfaction of his catholic majesty. And in order that the said cession may be conducted to the mutual satisfaction of both nations, it is my will that an inventory be made of all the artillery, arms, ammunition, effects, stores, hospitals, ships, &c., belonging to me in the said colony, which inventory is to be signed in duplicate by you, and by the commissioner of his catholic majesty. Finally, it is my will that, after having placed the Spanish commissioner in possession of the public buildings, a statement be made of the value of the said effects which may remain in the country, in order that the amount resulting from the said valuation may be paid by his catholic majesty. At the same time, I hope, for the advantage and tranquillity of the inhabitants of the colony of Louisiana, and I promise myself
, from the friendship and affection of his catholic majesty, that he will give orders to his governor and to all other officers employed in his service in the colony and the city of New Orleans, that the ecclesiastics and the religious houses providing for the spiritual wants of the people and for the supply of the missions, may continue their functions, and enjoy the rights, privileges, and exemptions allowed to them by the titles of their establishments; that the ordinary judges and the superior council may continue to dispense justice according to the laws, forms, and usages of the colony ; that the inhabitants may be kept and maintained in their possessions; that they may be confirmed in the ownership of their property, according to the grants which may have been made to them by the governors and ordonnateurs of the colony, and that the said grants be considered, reputed, and confirmed by his catholic majesty, although they might not have been confirmed by me. I hope, moreover, that his majesty will be pleased to give to his new subjects of Louisiana, the same marks of protection and kindness which they have received under my authority, and of which the misfortunes of war alone have prevented them from experiencing the most advantageous effects. I order you to have this (my letter) registered by the superior council of New Orleans, so that the different estates of the colony may be informed of its contents, and may have recourse to it when necessary. And these being the sole objects of the present letter, I pray God, M. Dabadie, that he will keep you in his holy charge. Given at Versailles on the 21st of April, 1764.
. Countersigned: The DUKE DE Choiseul.
I, Don Ceferino Cevallos, commander of the royal American order of Isabel the Catholic, one of the council of state of her majesty, her secretary and official archivist of the department of state, do certify that, among the documents in the archives under my care, is the treaty of friendship, limits and navigation, concluded between the king our lord and the United States of America, signed at San Lorenzo el Real on the 27th of October, 1795, and ratified at Aranjuez on the 25th of April, 1796; of which treaty the second article is as follows:
" ARTICLE 2. In order to avoid all dispute respecting the limits between the territories of the two high contracting parties, it has been agreed and declared in the present article, that the southern boundary of the United States, which divides their territory from the Spanish colonies of West Florida and East Florida, shall be a line beginning at the Mississippi, at the northernmost part of the thirty-first degree of latitude north of the equator, and thence proceeding directly to the east, to the middle of the river Appalachicola, or Chattahoochie; thence, along the middle of that river to its juncture with Flint river ; thence, in a straight line to the source of the river St. Mary; and thence, passing down through the middle of that river to the Atlantic ocean. And the two powers have agreed, that if there should be any troops, garrisons, or establishments belonging to either of the two parties in the territory of the other, according to the limits above mentioned, they shall retire
from the said territory within six months after the ratification of this treaty, or earlier if possible, and they shall have permission to carry with them the goods and effects which they may possess."
In faith of which, by order of his excellency the first secretary of state, I have given the present at Madrid, on the 10th of November, 1835.
CEFERINO DE CEVALLOS. Follows the certificate of Don Angel Calderon de la Barca, envoy extraordinary and minister plenipotentiary of Spain in the United States, that the said copy was received by him under the seal of the Secretary of State of Spain, and delivered to the honourable J. M. White, of Florida.
Translated from the original Spanish, by Robert Greenhow, translator of foreign languages to the department of state of the United States.
Preliminary and secret Treaty between France and Spain, of October
1st, 1800, for the enlargement of the territories of the Duke of
Parma, and the restoration of Louisiana to France. Translated by Robert Greenhow, translator of foreign languages to the Department of
State of the United States, from an authentic copy of the original, to which were annexed the certificates of Don Ceferino Cevallos, keeper of the archives of the department of state at Madrid, that it was faithfully transcribed from the original in his care, and of Don Angel Calderon de la Barca, envoy extraordinary and minister plenipotentiary of Spain in the United States of America, that it was received by him from the Secretary of State of Spain, and delivered to the Hon. J. M. White, of Florida.
Bonaparte, First Consul, in the name of the French people:
The consuls of the republic having seen and examined the preliminary and secret treaty concluded, determined, and signed on the ninth Vendemiaire, of the year_nine, [first of October, eighteen hundred,] by General Alexandre Berthier, minister extraordinary of the French republic, in virtue of full powers confided in him to that effect, with Don Louis d'Orquijo, knight of the order of Charles the Third and of that of Saint John of Jerusalem, first secretary of state to his majesty the king of Spain, who was likewise furnished with full powers, of which treaty and powers the following is the tenor, to wit:
[TREATY.] Preliminary and secret treaty between the French republic and his
catholic majesty the king of Spain, respecting the enlargement of the dominions of his royal highness the infant Duke of Parma in Italy, and the restoration of Louisiana. VOL. 11.