ARTICLE VII. In this agreement the words "citizen of the United States" shall include any naturalized citizen of the United States, and the words "Consul General of the United States" shall include any consular officer of the United States in Siam. The present agreement shall be ratified, and its ratification shall be exchanged as soon as possible. In witness whereof, the Undersigned have signed the same in duplicate, and have affixed thereto their seals. Done at Washington, the fourteenth day of May 1884, corresponding to the fifth day of the waning moon of the month of Visagamas of the year Wauk Sixth Decade 1246 of the Siamese Astronomical Era. FREDK T. FRELINGHUYSEN NARÈS VARARIDDHI [SEAL.] SEAL. SPAIN. Article XXIX of the treaty of friendship concluded July 3, 1902, page 740, provides: "All treaties, agreements, conventions and contracts between the United States and Spain prior to the treaty of Paris shall be expressly abrogated and annulled, with the exception of the treaty signed the seventeenth of February, 1834, between the two countries, for the settlement of claims between the United States of America and the Government of His Catholic Majesty, which is continued in force by the present convention." 1795.a TREATY OF FRIENDSHIP, BOUNDARIES, COMMERCE AND NAVIGATION. Concluded October 27, 1795; ratification advised by the Senate March 3, 1796; ratified by the President; ratifications exchanged April 25, 1796; proclaimed August 2, 1796. (Treaties and Conventions, 1889, p. 1006.) This treaty consisted of twenty-three articles. It contained an agreement as to the southern and western boundaries of the United States; the mutual free navigation of the Mississippi River from its source to the ocean; the usual articles relating to commerce and navigation; the authority to appoint consuls; the appointment of a claims commission to settle claims of United States citizens against Spain, etc. The claims commission provided for met in Philadelphia, terminating their duties December 31, 1799, having made awards to the amount of $325,440.074 on account of Spanish spoliations. 1802. CLAIMS CONVENTION. Concluded August 11, 1802; ratification advised by the Senate January 9, 1804; ratified by the President January 9, 1804; ratifications exchanged December 21, 1818; proclaimed December 22, 1818. (Treaties and Conventions, 1889, p. 1015.) This convention provided for the appointment of a board of five commissioners to adjust the claims for "indemnification of those who a Federal cases: The Nereide, 9 Cranch, 388; The Pizarro, 2 Wheat., 227; The Nuestra Señora de la Caridad, 4 Wheat., 497; The Amiable Isabella, 6 Wheat., 1; The Bello Corrunes, 6 Wheat., 152; The Santissima Trinidad, 7 Wheat., 283; Henderson v. Poindexter's Lessee, 12 Wheat., 530; U. S. v. The Amistad, 15 Pet., 518; Pollard v. Hagan, 3 How., 212; Robinson v. Minor, 10 How., 627; Le Tigre, 3 Wash. C. C., 567; The Santissima Trinidad, 1 Brock., 478. have sustained losses, damages, or injuries in consequence of the excesses of individuals of either nation during the late war contrary to the existing treaty or the laws of nations." As the convention was not proclaimed until the 22d of December, 1818, and was annulled by Article X of the Treaty of 1819, it never went into effect. 1819. a TREATY OF FRIENDSHIP, CESSION OF THE FLORIDAS, AND Concluded February 22, 1819; ratification advised by the Senate February 24, 1819; ratification advised again by the Senate February 19, 1821; ratified by the President February 22, 1821; ratifications exchanged February 22, 1821; proclaimed February 22, 1821. (Treaties and Conventions, 1889, p. 1016.) By this treaty of sixteen articles Spain ceded East and West Florida to the United States; the western boundary was agreed to in Article 3, which is reprinted; mutual claims against both governments were renounced, the United States assuming the payment of the Spanish claims arising out of the operations of the American army in Florida; a commission was provided to adjust the claims against Spain for the satisfaction of which the United States agreed to pay an amount not exceeding $5,000,000, etc. The claims commission under the treaty, which was authorized by the act of March 3, 1821 (U. S. Stats., vol. 3, p. 639), met in Washington, June 9, 1824. The awards amounted to $5,454,545.13, which, in accordance with the treaty provisions, was scaled down to $5,000,000. ART. 3. The Boundary Line between the two Countries, West of the Mississippi, shall begin on the Gulph of Mexico, at the mouth of the River Sabine, in the Sea, continuing North, along the Western Bank of that River, to the 329 degree of Latitude; thence, by a Line due North, to the degree of Latitude, where it strikes the Rio Roxo of Natchitoches, or Red-River, then following the course to the Rio-Roxo Westward, to the degree of Longitude, 100 West from London and 23 from Washington, then, crossing the Said Red-River, and running thence by a Line due North to the River Arkansas, thence, following the Course of the Southern bank of the Arkansas to its source in Latitude, 42. North, and thence by that parallel of Latitude to the South-Sea. The whole being as laid down. in Melish's Map of the United-States, published at Philadelphia, improved to the first of January 1818. But if the a Federal cases: Comegys v. Vasse, 1 Pet., 193, 4 Wash. C. C., 570; American Ins. Co. v. Canter, 1 Pet., 511; Foster v. Neilson, 2 Pet., 253; U. S. v. Arredondo, 6 Pet., 691; U. S. v. Percheman, 7 Pet., 51; U. S. v. Clarke, 8 Pet., 436, 9 Pet., 168, 16 Pet., 228; Mitchel v. U. S., 9 Pet., 711; U. S. v. Sibbald, 10 Pet., 313; Smith v. U. S., 10 Pet., 326; U. S. v. Mill's Heirs, 12 Pet., 215; U. S. v. Kingsley, 12 Pet.. 476; Garcia v. Lee, 12 Pet., 511; U. S. v. Wiggins, 14 Pet., 334; Pollard v. Kibbe, 14 Pet., 353; O'Hara v. U. S., 15 Pet.. 275; U. S. v. Delespine, 15 Pet., 319; U.S. v. The Amistad, 15 Pet., 518; U. S. v. Breward, 16 Pet., 143; U. S. v. Miranda, 16 Pet., 153; U. S. v. Hanson, 16 Pet., 196; U. S. v. Acosta, 1 How., 24; Pollard v. Files, 2 How., 591; Pollard v. Hagan, 3 How.. 212; Clark v. Braden, 16 How., 635; Meade v. U. S., 9 Wall., 691, 2 Ct. Cl.. 224; U. S. v. Lynde's Heirs, 11 Wall., 632; U. S. v. Texas, 162 U. S., 1; Gray v. U. S., 21 Ct. Cl., 340. Source of the Arkansas River shall be found to fall North or South of Latitude 42, then the Line shall run from the said Source due South or North, as the case may be, till it meets the said Parallel of Latitude 42, and thence along the said Parallel to the South Sea: all the Islands in the Sabine and the said Red and Arkansas Rivers, throughout the course thus described, to belong to the United-States; but the use of the Waters, and the navigation of the Sabine to the Sea, and of the said Rivers, Roxo and Arkansas, throughout the extent of the said Boundary, on their respective Banks, shall be common to the respective inhabitants of both Nations. The Two High Contracting Parties agree to cede and renounce all their rights, claims and pretensions to the Territories described by the said Line: that is to say. The United States hereby cede to His Catholic Majesty, and renounce forever, all their rights, claims, and pretensions to the Territories lying West and South of the above described Line; and, in like manner, His Catholic Majesty cedes to the said United-States all his rights, claims, and pretensions to any Territories, East and North of the said Line, and for himself, his heirs, and successors, renounces all claim to the said Territories forever. 1834. CLAIMS CONVENTION. Concluded February 17, 1834; ratification advised by the Senate May 13, 1834; ratified by the President; ratifications exchanged August 14, 1834; proclaimed November 1, 1834. (Treaties and Conventions, 1889, p. 1023.) ARTICLES. I. Indemnification to United States. II. Interest. III. Claims renounced. IV. List of claims. The Government of the United States of America and Her Majesty the Queen Regent, Governess of Spain during the minority of her august daughter, Her Catholick Majesty Donna Ysabel the 2d, from a desire of adjusting by a definitive arrangement the claims preferred by each party against the other, and thus removing all grounds of disagreement, as also of strengthening the ties of friendship and good understanding which happily subsist between the two nations, have appointed for this purpose, as their respective Plenipotentiaries, namely: The President of the United States, Cornelius P. Van Ness, a citizen of the said States, and their Envoy Extraordinary and Minister Plenipotentiary near Her Catholick Majesty Donna Ysabel the 2d; and Her Majesty the Queen Regent, in the name and behalf of Her Catholick Majesty Donna Ysabel the 2d, His Excellency Don José de Heredia, Knight Grand Cross of the Royal American Order of Ysabel the Catholick, one of Her Majesty's Supreme Council of Finance, exEnvoy Extraordinary and Minister Plenipotentiary, and President of the Royal Junta of Appeals of Credits against France; Who, after having exchanged their respective full powers, have agreed upon the following articles: ARTICLE I. Her Majesty the Queen Regent and Governess, in the name and in behalf of Her Catholick Majesty Donna Ysabel the 2d, engages to pay to the United States, as the balance on account of the claims aforesaid, the sum of twelve millions of rials vellon, in one or several inscriptions, as preferred by the Government of the United States, of perpetual rents, on the great book of the consolidated debt of Spain, bearing an interest of five per cent. per annum. Said inscription or inscriptions shall be issued in conformity with the model or form annexed to this convention, and shall be delivered in Madrid to such person or persons as may be authorized by the Government of the United States to receive them, within four months after the exchange of the ratifications. And said inscriptions, or the proceeds thereof, shall be distributed by the Government of the United States among the claimants entitled thereto, in such manner as it may deem just and equitable. ARTICLE II. The interest of the aforesaid inscription or inscriptions shall be paid in Paris every six months, and the first half-yearly payment is to be made six months after the exchange of the ratifications of this convention. ARTICLE III. The high contracting parties, in virtue of the stipulation contained in article first, reciprocally renounce, release, and cancel all claims which either may have upon the other, of whatever class, denomination, or origin they may be, from the twenty-second of February, one thousand eight hundred and nineteen, untill the time of signing this convention. ARTICLE IV. On the request of the Minister Plenipotentiary of Her Catholick Majesty at Washington, the Government of the United States will deliver to him, in six months after the exchange of the ratifications of this convention, a note or list of the claims of American citizens against the Government of Spain, specifying their amounts respectively, and three years afterwards, or sooner if possible, authentic copies of all the documents upon which they may have been founded. ARTICLE V. This convention shall be ratified, and the ratifications shall be exchanged, in Madrid, in six months from this time, or sooner if possible. In witness whereof, the respective Plenipotentiaries have signed these articles, and affixed thereto their seals. Done in triplicate at Madrid, this seventeenth day of February, one thousand eight hundred and thirty-four. [SEAL.] SEAL. C. P. VAN NESS. |