Page:United States Statutes at Large Volume 8.djvu/150

 ATY OF FRIENDSHIP LIMITS AND NAVIGATION s a Betnzeen the United States of America, and the King of Spain. (a) Hrs Catholic Majesty and the United States of America, desiring to Oct. 27, 1795. _ . . . ·———-———~ 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 1llustrious order of the Golden Fleece, and Great Cross of the Royal and distinguished Spanish order of Charles the III. 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; iirst Secretary of state and despacho; Secretary to the Queen; Superintendant 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 I. Pence cm. There shall be a firm and inviolable peace and sincere friendship J>J¤¤J¤¢d- between his Catholic Ma`est, his successors and sub`ects and the . . J. Y. . J ¤ United States and their citizens without exception of ersons or 1 J · l P p p aces. ARTICLE II. To prevent all disputes on the subject of the boundaries which separate the territories of the two high contracting parties, it is hereby (a) The treaties with Spain have been: A Treaty of Friendship, Limits, and Navigation between the United States and the King of Spain. October 27, 1795. A Conventiorrof Indemnification between the United States and Spain. August 11, 1802; post, 198. _ Treaty of Amtty, Settlement and Limits between the United States of America and his Catholic Majesty, negotiated ltebruary 22. 1819. Ratitied by the President and Senate on the19th February, 1821, and by the Kim of Spam on the 24th October, 1820, post, 252. 'lrcuty ot Feb. 17, 1834, post, p. 400. Decisions in cases under the treaty with Spain of October 27, 1795, post. p. 252. Under the Spanish treaty of 1795, stipulating that free ships shall make free goods, the want of such a sewlctter or passport, or such certificates as are described in the seventeenth article, is not a substantive ground of condemnation. It only authorizes capture and sending in h>r adjudication, and the proprietary interest in the ship may be proved by other equivalent testimony. But if, upon the original evidence, the cause appears extremely doubtful and suspicious, and farther proof is necessary, the grant or denial of it rests on the same general rules which govern the discretion of prize courts in other cases. The Pizarra, 2 \Vheat. 227; 4 Cond. Rep. 103. The term " subjccts," in the fifteenth article of the treaty, when applied to persons owing allegiance (138)