The writings of James Madison, comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed. |
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PROJECT OF A CONVENTION. |
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 | The writings of James Madison, |  |
PROJECT OF A CONVENTION.
| The United States and His Catholic Majesty being desirous of terminating amicably all controversies now subsisting between them, and of providing more effectually for the maintainance of their future harmony, have appointed, &c. |
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| Art. I. | Observations on Art. I. |
| Spain acknowledging and confirming to the United States West Florida, cedes to them forever the same and East Florida with the Islands and Waters thereon respectively depending. (Or if unattainable in that form) |
The object in these forms of expressing the Cession is to date that of West Florida, as far at least as to the perdido from the date of the Cession of Louisiana by France and thereby invalidate the intervening sales of |
| Spain cedes and confirms forever to the United States East & West Florida with the Islands and waters thereon respectively depending. |
land, which it is understood have taken place corruptly or unfairly to a very great extent. If Spain should appear to acquiesce in a more explicit acknowledgment of our right under the French Convention as far as to the Perdido, it may be well to divide the territory Eastward of the Mississippi by a reference to that river instead of referring to it as divided into East and West Florida. |
| Art. II. | |
| Possession of the said Territory shall be delivered to a person or persons authorized by the United States to receive the same within [OMITTED] days or less, if practicable, after the exchange of the ratifications of this Convention. With the said Territory shall be delivered all public property excepting ships and military stores, as also all public archives belonging to the same. Sec. 2 Within 90 days after delivering possession, or sooner if possible, the Spanish troops shall evacuate the territory hereby ceded. |
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| Sec. 3 The inhabitants of the ceded territory shall be entitled to the same incorporation into the United States, and to the same protection in their religion, their liberties and their property, as were stipulated to the inhabitants of the territory ceded to the United States by the Treaty of the soth April 1803 with the French Republic. Sec. 4 With the same motives in view which led to the VII & VIII Articles of the Treaty above mentioned, it has been agreed between the contracting parties, that the ships of France and Spain shall enjoy in the ports of the hereby ceded territory, until the term of the twelve years therein mentioned shall be expired, the same privileges as to trade and duties as are therein stipulated; and during the same space of time no j other nation shall have a right to the same privileges in the ports of the hereby ceded territory. Sec. 5. In future and forever after the expiration of the said term of 12 years the vessels of Spain shall be |
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| treated upon the footing of the most favored nations in the ports of the hereby ceded territory. |
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| Art. III. | Observations. |
| The boundary between the territory of the United States on the Western side of the Mississippi and the possessions of Spain shall be the Colorado (or the Guadaloupe if attainable) from its mouth to its most northerly source, thence a right line to the nearest high-lands, inclosing all the Waters running directly or indirectly into the Mississippi or Missouri, and along the said high lands as far as they border on the Spanish dominions. |
Altho' it may not be amiss to urge the claim of the U States to the Rio-bravo, and to propose that for the boundary, it is not expected that one more Westwardly than the boundary delineated in this Article will be favored by France or admitted by Spain. |
| Art. IV. | Observations. |
| It is agreed that a space extending thirty leagues on each side of the said boundary shall be kept by the parties respectively unsettled for the term of [OMITTED] years Or That a space of 30 leagues on the side of the U. States shall be unsettled for the term of |
These descriptions of a barrier interval are to be successively yielded, according as Spain may be willing to cede therefor her territory Eastward of the Mississippi, or to abate in the sum of money to be paid for East Florida, or to be liberal in her engagements and provisions for indemnifying our |
| Or A space between the said boundary and some boundary beginning with a river Eastward of the Colorado & Westward of the Sabine Or A space between the said boundary and the boundary beginning with the Sabine and running thence from the source of the Sabine a straight line to the confluence of the Rivers Osages and Missouri, and from the said confluence a line running parrallel with the Mississippi to the latitude of its northernmost source and thence a meridian to the Northern boundary of Louisiana. |
Citizens. It being impossible to foresee the various modifications and combinations which the subject may take in the course of negotiation, much must necessarily be left to your own judgment. It is to be understood that in no event the Country Eastward of the Sabine and the line from its source as above referred to is to be included in the unsettled interval. |
| Art. V. | |
| (Here was inserted a copy of the provisions contained in the project of 1804 as to the interval not to be settled.) |
| The writings of James Madison, | |