specified, and confined to military arms and stores; the exemption, stipulated in the 16th article of the treaty of '85, on the subject of an embargo, was annulled. Vessels were, thereafter, subject to embargoes on the principle of the most favoured nation, and an indemnity was stipulated for all vessels detained for public uses. The original regulation in the 23d article of the same treaty, respecting privateers and merchant and trading vessels, was abolished. This treaty expired, by its own limitation, in 1810. It has not been renewed,―nor have the United States, since Mr. Adams's return in 1801, appointed a minister to Prussia. CHAPTER XII. TREATY OF 1795 WITH SPAIN. Spain powerful at time of Revolution-Family Compact--Great American possessions—Franklin appointed minister in '77 to Madrid —Important letter-Spain avoids the coalition-Strives to reconcile France and England-Fails—Declares war aginst England in '79 -Jay sent to Spain-Officially received—Makes no treaty—Important instructions-Gardoqui, Spanish Chargé-Treats respecting boundaries-Nothing done-South and North divide on the navigation of the Mississippi-South in minority—Short and Carmichael, commissioners to Spain-Remarks on Mississippi-Spain, having entered the coalition of '93, unwilling to treat—Indians-Acts of hostility in Kentucky-Short-Viar-Jaudenes--Peace of Basle— Godoy-Pinkney sent to Madrid-Treaty of San Lorenzo el Real with Prince of Peace-Right of deposite at New Orleans suspended -Eastern and Western boundaries of Louisiana-France opposes claims of United States-Government take possession of W. Florida-Folch-Kemper-Spoliations--Settled by transfer of E. Florida-Humphreys-Yrujo--Bowdoin--Intercourse renewed in 1814 --Erving. Ar the time of the declaration of independence, Spain was mistress of half the continent of South America. She was one of the most powerful nations of Europe, not only from her own wealth, valuable colonies, and numerous and well appointed army and navy, but in consequence of an intimate connection with France. The "family compact," adopted by the treaty of Paris of '61, an alliance between all the princes of the house of Bourbon, more especially the crowns of France and Spain, still existed. By that instrument, those two powers mutually guaranteed their states and possessions, and assumed, as the basis of their alliance, the diplomatic maxim, “Qui attaque une couronne, attaque l'autre." All the American possessions of Spain were then entire; she enjoyed an active, extensive, and lucrative commerce; and was as determined an enemy of England as France herself. After arrangements had been made by the Congress of the confederation to obtain the assistance of France, one of the next subjects of attention was Spain. As early as December "76, it was resolved to send commissioners to that country, and, in the beginning of '77, Dr. Franklin was appointed the first envoy to Spain, though he never went to that court;* but while in France, he addressed a letter to the Count d'Aranda, at that time the Spanish minister at Versailles. This letter is to be found in the memoirs of Dr. Franklin, and as it explains in a few words the situation of the two countries, we shall extract a portion of it : "Passy, April 7, 1777. Sir, I left in your excellency's hands to be communicated, if you please, to your court, a duplicate of the commission from the Congress, appointing me to go to Spain as their minister plenipotentiary. But I understand the receiving such a minister is not at present thought convenient, and I am sure, the Congress would have done nothing that might incommode in the least a court they so much respect. I shall, therefore, postpone that journey till circumstances may make it more suitable. In the mean time, I beg leave to lay before his catholic majesty, through the hands of your excellency, the propositions contained in a resolution of Congress dated December 30, 1776, viz., "That if his catholic majesty will join with the United States in a war against Great Britain, they will assist in reducing to the possession of Spain the town and harbour of Pensacola, provided the inhabitants of the *For commission, see Secret Journals, vol. ii. Jan. 1, '77. * United States shall have the free navigation of the Mississippi, and the use of the harbour of Pensacola, and will (provided it shall be true that his Portuguese majesty has insultingly expelled the vessels of these States from his ports, or has confiscated any such vessels) declare war against the said king, if that measure shall be agreeable to, and supported by, the courts of France and Spain." It is understood that the strictest union subsists between these two courts, and, in case Spain and France should think fit to attempt the conquest of the English sugar islands, the Congress have further proposed to furnish provisions to the amount of two millions of dollars, and to join the fleet employed on the occasion with six frigates, of not less than 24 guns each, manned and fitted for service, and to render any other assistance, which may be in their power, as becomes good allies, without desiring for themselves the possession of any of the said islands. Spain showed a great disinclination to take a part in the war declared in '78; and the measures, adopted by France to induce her to this step, were at first received with uncommon coolness. Spain, fatigued by her former contests, though of a recent date, and holding, herself, extensive and valuable foreign possessions, did not view the struggles of the Ameri * In consequence of the celebrated Methuen treaty, the greater part of the Portuguese commerce had fallen into the hands of the English, and those two countries were in a very strict alliance and friendship. In the letter of B. Franklin quoted in the text, the reader will probably be struck with the uncommon willingness of the Congress to engage in foreign connections, though the motives and reasons of such measures are abundantly apparent and satisfactory. It is, however, remarkable, how few they formed; how entirely they escaped from every sort of entangling league and association, with the single exception of the provision respecting the guarantee in the treaty of '78. This circumstance is the more extraordinary, because England was at that time the common enemy of Europe, and an almost general armed confederation had been entered into against her. America is indebted for this good fortune, not only to the skill and discretion of her rulers, but to her "distant and detached situation," and to a very common impression in Europe of her weakness and inability to render valuable assistance to any cause. cans with entire complacency. A writer of that period has prophecied, with remarkable exactness, the time and manner of the emancipation of Spanish America ;* and though the Spanish government might have had little faith in such predictions, it could not have been ignorant that the example of the North American colonies would have been attended with pernicious consequences to the metropoles of the old world. France exceedingly desired the assistance of Spain in this business, particularly as the navies of the two countries were, united, greatly superior to that of England.† The French king even wrote, in the beginning of '78, letters in his own hand to his catholic majesty, urging him to enter into the coalition: “England, our common and inveterate enemy, has been engaged for three years in a war with her colonies. We have agreed not to take a part in it, and, considering both parties as English, we have made the commerce of our state free to whoever should find his advantage in it. In this way America has provided herself with those arms and munitions, of which she was in want I do not speak of the aid we have given that country in money and other articles, the whole having been done in the ordinary course of commerce. England has shown some vexation at this circumstance, and we are not ignorant that she will sooner or later revenge herself. This was the situation of the business the last November. The destruction of Burgoyne and the embarrassments of Howe have changed the face of things. America is triumphant; England is cast down. But her vast marine is still entire, and having abandoned the idea of conquering the colonies, she has resolved to form an alliance with them. All parties in Engiand are agreed in this particular. Lord North has himself announced a plan of pacification. It does not much signify to us, whether he or any other mi * Pownal. + The combined fleets, commanded by Count d'Orvilliers, consisting of 66 sail of the line, besides frigates, appeared the next year in the English channel. This was the most numerous and formidable arma ment ever seen on those coasts. |