merchandize, and fhall pay in the dominions of his faid majefty no other or greater duties, charges, or fees whatsoever, than the most favoured nation is or fhall be obliged to pay; and they shall enjoy all the rights, privileges, and exemptions, in navigation and commerce, which

the most favoured nation does or fhall enjoy; fubmitting themselves as aforefaid.

Each party fhall have a right to carry their own produce, manufactures, and merchandize, in their own or any other veffels, to any parts of the dominions of the other, where it fhall be lawful for all the fubjects or citizens of that other freely to purchase them; and thence to take the produce, manufactures, and merchandize of the other, which all the faid citizens or fubjects fhall in like manner be free to fell, pay. ing in both cafes fuch duties, charges, and fees only, as are or fhall be paid by the most favoured na

tion.

Each party fhall endeavour to protect and defend all veffels, and other effects, belonging to the citizens or fubjects of the other, which fhall be within the extent of their jurifdiction by fea or land; and fhall use all their efforts to recover, and caufe to be restored to their right owners, their veffels and effects which fhall be taken from them within the extent of their faid jurifdiction.

If one of the contracting parties fhould be engaged in war with other powers, the free intercourfe and commerce of the subjects or citizens of the party remaining neuter, with the belligerent powers, fhall not be interrupted. On the contrary, in that cafe, as in full peace, the veffels of the neutral

party may navigate freely to and from the ports, and on the coafts of the belligerent parties, free veffels making free goods, infomuch that all things fhall be adjudged free which fhall be on board any vessel belonging to the neutral party, although fuch things belong to an enemy of the other; and the fame freedom fhall be extended to perfons who fhall be on board a free veffel, although they should be enemies to the other party, unless they be foldiers in actual fervice of fuch enemy.

In the fame cafe of one of the contracting parties being engaged in war with any other power-to prevent all the difficulties and mifunderftandings which usually arife respecting the merchandize heretofore called contraband, fuch as arms, ammunition, and military ftores of every kind-no fuch articles carried in the veffels, or by the fubjects or citizens of one of the parties to the enemies of the other, fhall be deemed contraband, fo as to induce confifcation or condemnation, and a lofs of property to individuals. But in the cafe fuppofed-of a veffel flopped for the articles heretofore deemed contraband, if the maker of the veffel ftopped will deliver out the goods fuppofed to be of contraband nature, he fhall be admitted to do it, and the veffel fhall not in that cafe be carried into any port, nor further detained, but shall be allowed to proceed on her voyage.

If the contracting parties fhall be engaged in war against a common enemy, the following points fhall be obferved between them.

ift. If a veffel of one of the parties, retaken by a privateer of the other, fhall not have been in poffeffion of the enemy more than twen[R] 3

ty-four

ty-four hours, the fhall be reftored to the first owner for one third of the value of the veffel and cargo; but if she' fhall have been more than twenty-four hours in poffeffion of the enemy, she shall belong wholly to the re-captor. 2d, If in the fame cafe the re-capture were by a public veffel of war of the one party, reftitution fhall be made to the owner of one thirtieth part of the veffel and cargo, if she shall not have been in the poffeffion of the enemy more than twenty-four hours; and one tenth of the faid value where the fhall have been longer; which fums fhall be diftributed in gratuities to the re-captors. 3d, The reftitution in the cafes aforefaid fhall be after due proof of property, and furety given for the part to which the recaptors are entitled. 4th, The vesfels of war, public and private, of the two parties, fhall be reciprocally admitted with their prizes into the refpective 'ports of each; but the faid prizes fhall not be discharged nor fold there, until their legality fhall have been decided according to the laws and regulations of the ftate to which the captors belong, but by the judicators of the place into which the prize fhall have been conducted. 5th, It fhall be free to each party to make fuch regulations as they fhall judge neceffary for the conduct of their refpective veffels of war, public or private, relative to the veffels which they fhall take and carry into the ports of the two parties.

Where the parties fhall have a common enemy, or fhall both be neutral, the veffels of war of each fhall upon all occafions take under their protection the veffels of the other going the fame courfe, and fhall defend fuch veffels as long as

they hold the fame courfe, against all force and violence, in the fame manner as they ought to protect and defend veffels belonging to the party of which they are.

If war fhould arife between the two contracting parties, the merchants of either country, then refiding in the other, shall be allowed to remain nine months to collect their debts and fettle their áffairs, and may depart freely, carrying off all their effects without molestation or hinderance.

This treaty fhall be in force during the term of ten years from the exchange of ratifications.

(Signed)

F. G. DE THULEMEYER, a la Haye, le 10 Septembre 1785. THO. JEFFERSON, Paris, July 28, 1785.

B. FRANKLIN, Paffy, July 9, 1785.

JOHN ADAMS, London, August 5, 1785.

United States in congrefs affembled, Now know ye, that we the faid having confidered and approved, do hereby ratify and confirm the faid Gotham, our chairman, in the abtreaty. Witnefs the Hon. Nathaniel fence of his excellency John Hancock, our prefident, the 7th day of May, in the year of our Lord 1786, and of our independence and fove, reignty the tenth.

Convention between his Britannic Majefty and the King of Spain, figned at London, the 14th of July, 1786.

TH HE kings of England and of Spain, animated with the fame defire of confolidating, by every means in their power, the friendship

friendship so happily fubfifting between them and their kingdoms, and wishing, with one accord, to prevent even the fhadow of mifunderstanding which might be occafioned by doubts, mifconceptions, or other causes of disputes between the fubjects on the frontiers of the two monarchies, especially in distant countries, as are thofe in America, have thought proper to fettle, with all poffible good faith, by a new convention, the points which might one day or other be productive of fuch inconveniencies, as the experience of former times has very often fhewn. To this end, the king of Great Britain has named the most noble and most excellent lord Francis, baron Osborne of Kiveton, marquis of Carmarthen, his Britannic majefty's privy counsellor, and principal fecretary of ftate for the department of foreign affairs, &c. &c. &c. and the catholic king has likewife authorised Don Bernardo del Campo, knight of the noble order of Charles the Third, fecretary of the fame order, fecretary of the fupreme council of state, and his minister plenipotentiary to the king of Great Britain; who having communicated to each other their refpective full powers, prepared in due form, have agreed upon the following articles.

Art. I. His Britannic majefty's subjects, and the other colonists who have hitherto enjoyed the protection of England, fhall evacuate the country of the Mofquitos, as well as the continent in general, and the islands adjacent, without exception, fituated beyond the line hereinafter defcribed, as what ought to be the frontier of the extent of territory granted by his catholic majesty to the English, for the ufes fpecified in

the third article of the prefent convention, and in addition to the coun try already granted to them in virtue of the ftipulations agreed upon by the commiffaries of the two crowns in 1783.

Art. II. The catholic king, to prove, on his fide, to the king of Great Britain, the fincerity of his fentiments of friendship towards his faid majesty and the British nation, will grant to the English more extenfive limits than those specified in the laft treaty of peace; and the faid limits of the lands added by the prefent convention fhall for the future be understood in the manner following.

The English line, beginning from the fea, fhall take the centre of the river Sibun or Jabon, and continue up to the fource of the faid river; from thence it fhall cross in a ftrait line the intermediate land, till it interfe&ts the river Wallis; and by the centre of the fame river, the faid line fhall defcend to the point where it will meet the line already fettled and marked out by the commiffaries of the two crowns in 1783: which limits, following the continuation of the faid line, fhall be obferved as formerly ftipulated by the definitive treaty.

Art. III. Although no other advantages have hitherto been in queftion, except that of cutting wood for dying, yet his catholic majesty, as a greater proof of his difpofition to oblige the king of Great Britain, will grant to the English the liberty of cutting all other wood, without even excepting mahogany, as well as gathering all the fruits, or produce of the earth, purely natural and uncultivated, which may, befides being carried away in their natural state, become an object of uti[R] +

lity

lity or of commerce, whether for food or for manufactures: but it is exprefsly agreed, that this ftipulation is never to be used as a pretext for establishing in that country any plantation of fugar, coffee, cacao, or other like articles, or any fabric or manufacture, by means of mills or other machines whatsoever (this reftriction however does not regard the use of faw mills for cutting or otherwife preparing the wood), fince all the lands in queftion being indifputably acknowledged to belong of right to the crown of Spain, no fettlements of that kind, or the population which would follow, could be allowed.

The English fhall be permitted to tranfport and convey all fuch wood, and other produce of the place, in its natural and uncultivated ftate, down the rivers to the fea, but without ever going beyond the limits which are prefcribed to them by the ftipulations above granted, and with out thereby taking an opportunity of ascending the faid rivers beyond their bounds, into the countries belonging to Spain.

Art. IV. The English fhall be permitted to occupy the fmall island known by the names of Cafina, St. George's Key, or Cayo Cafina, in confideration of the circumftance of that part of the coafts oppofite to the faid ifland being looked upon as fubject to dangerous diforders; but this permiffion is only to be made ufe of for purposes of real utility: and as great abuses, no lefs contrary to the intentions of the British government than the effential interefts of Spain, might arife from this permiffion, it is here ftipulated, as an indifpenfable condition, that no fortification, or work of defence whatever, fhall at any time be erected

Art. V. The English nation shall enjoy the liberty of refitting their merchant fhips in the fouthern triangle included between the Point of Cayo Cafina, and the cluster of small iflands which are fituated oppofite that part of the coaft occupied by the cutters, at the distance of eight leagues from the river Wallis, feven from Cayo Cafina, and three from the river Sibun, a place which has always been found well adapted to that purpofe. For which end, the edifices and ftorehouies abfolutely neceffary for that fervice fhall be allowed to be built; but in this conceffion is alfo included the exprefs condition of not erecting fortifications there at any time, or ftationing troops, or conftructing any military works; and in like manner it fhall not be permitted to ftation any fhips of war there, or to conftruct an arfenal, or other building, the object of which might be the formation of a naval establishment.

Art. VI. It is also ftipulated, that the English may freely and peaceably catch fish on the coaft of the country affigned to them by the last treaty of peace, as alfo of that which is added to them by the prefent con-. vention; but without going beyond their boundaries, and confining them

felves

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felves within the distance specified in the preceding article.

Art. VII. All the restrictions fpecified in the last treaty of 1783, for the entire prefervation of the right of the Spanish fovereignty over the country, in which is granted to the English only the privilege of making ufe of the wood of the different kinds, the fruits and other produce, in their natural state, are here confirmed; and the fame reftrictions fhall alfo be obferved with refpect to the new grant. In confequence, the inhabitants of thofe countries fhall employ themselves fimply in the cutting and tranfporting of the faid wood, and in the gathering and tranfporting of the fruits, without meditating any more extenfive fettlements, or the formation of any fyftem of government, either military or civil, further than fuch regulations as their Britannic and catholic majefties may hereafter judge proper to establish, for maintaining peace and good order amongt their respective fubjects.

Art. VIII. As it is generally allowed that the woods and forefts are preferved, and even multiply, by regular and methodical cuttings, the English fhall obferve this maxim, as far as poffible; but if, notwithstanding all their precautions, it fhould happen in course of time that they were in want of dyingwood, or mahogany, with which the Spanish poffeffions might be provided, the Spanish government fhall make no difficulty to furnish a fupply to the English, at a fair and reafonable price.

Art. IX. Every poffible precaution fhall be obferved to prevent fmuggling; and the English fhall take care to conform to the regulalations which the Spanish govern

ment fhall think proper to eftablish amongst their own fubjects, in all communications which they may have with the latter; on condition nevertheless that the English fhall be left in the peaceable enjoyment of the several advantages inferted in their favour in the last treaty, or ftipulated by the prefent convention.

Art. X. The Spanish governors fhall be ordered to give to the faid English difperfed, all poffible facilities for their removal to the fettlements agreed upon by the prefent convention, according to the ftipulations of the 6th article of the definitive treaty of 1783, with respect to the country allotted for their ufe by the faid article.

Art. XI. Their Britannic and Catholic majefties, in order to remove every kind of doubt with regard to the true conftruction of the prefent convention, think it neceffary to declare that the conditions of the faid convention ought to be obferved according to their fincere intention to enfure and improve the harmony and good underftanding, which fo happily fubfift at prefent between their faid majefties.

In this view, his Britannic majefty engages to give the moft pofitive orders for the evacuation of the countries above mentioned, by all his fubjects of whatever denomi nation; but if, contrary to fuch declaration, there fhould ftill remain any perfons fo daring as to prefume, by retiring into the interior country, to endeavour to obfruct the entire evacuation already agreed upon, his Britannic majesty, fo far from affording them the least fuccour, or even protection, will difavow them in the moft folemn

manner,