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no consideration would ever induce his majesty to acknowledge that the United States had any right in the navigation of the Mississippi, thus occupying the same ground that he had held while negotiating with Jay in America.

The business was delayed because of political conditions in Europe, and because of the uncertainty of European political affairs the American commissioners considered it unwise to insist upon the four points which Jefferson considered essential, but Gardoqui still believed that the people of the West might be separated from the Union. The commissioners were not able to come to any conclusion with Gardoqui, and there was danger of a union between Spain and Great Britain, unfriendly to the American claims; so the effort to make a treaty was, for the time, given up. In 1794, as the way now seemed open for negotiation between Spain and the United States, Thomas Pinckney, minister at the Court of St. James, was ordered to Spain for the purpose. He entered into negotiations with the Duke of Alcudia, also known as the Prince of Peace, and after numerous delays, succeeded in arranging a treaty. The main points as far as they relate to the boundary question and navigation of the river were as follows:

"The southern boundary of the United States, which divides their territory from the Spanish colonies of east and west Florida, shall be designated by a line beginning on the river Mississippi at the northernmost part of the thirty-first degree of latitude north of the equator, which from thence shall be due east to the river Apalachicola,

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"If there should be any troops, garrisons, or settlements of either party in the territory of the other, according to the above mentioned boundaries, they shall be withdrawn from the said territory within the term of six months after the ratification of this treaty, or sooner if possible.

"One commissioner and one surveyor shall be appointed by each of the contracting parties, who shall meet at the Natchez on the left side of the river Mississippi before the six months from the ratification of this convention, and

they shall proceed to run and mark this boundary according to the stipulations.

"The navigation of the said (Mississippi) river, in its whole breadth from its source to the ocean, shall be free only to his (Catholic Majesty's) subjects and the citizens of the United States, unless he shall extend this privilege to the subjects of other powers by special convention.

"The two contracting parties shall maintain peace and harmony among the several Indian nations who inhabit the country adjacent to the boundaries of the two Floridas. No treaty of alliance or other whatever (except treaties of peace) shall be made by either party with the Indians living within the boundary of the other."

To this was added the right to use New Orleans for three years as a port of deposit free from duty, on condition that a fair rent should be paid for the use of stores. This privilege was to be continued at New Orleans or some other point on the river. Each State was to discountenance Indian raids and restrain the Indians within its own borders. Thus Pinckney obtained what Jay found it impossible to get and what the latter was inclined to surrender.

This treaty, which was very acceptable in the United States, was in direct opposition to Spain's attitude since the conclusion of peace between the United States and Great Britain; the concessions in it were not made through any change of opinion, but because political circumstances forced Spain to it. At this time Spain was under the influence of France, having parted with Great Britain. Pinckney's opinion was that Spain feared an alliance between the United States and Great Britain against France and Spain.

Jay's treaty with Great Britain made it necessary for Spain to make one with the United States, for fear that the two English-speaking nations might combine and injure the colonial possessions of Spain. But Spain did not wish to carry out the stipulations of the treaty if it could possibly be avoided, and continued her old effort to detach the western States from the Union, using the rather specious argument

that if the western States were separated the treaty would be no longer binding, because it was made with the nation as a whole.

In 1797, Carondelet, the Spanish governor, through his interpreter, Thomas Power, approached Benjamin Sebastian, Judge of the Court of Appeals in Kentucky, with the proposition that the West withdraw from the Federal Union and form an independent western government. One hundred thousand dollars was to be devoted to this object by the Spanish king. This proposition was submitted to Judge Henry Innes by Sebastian, who in turn placed it before Colonel Nicholas, an influential citizen of Kentucky. Innes and Nicholas gave Power a written reply, in which they refused to coöperate. Power had an interview with Wilkinson, but the latter advised him to drop it, as it was too late to turn the West from its allegiance.

There were delays of various kinds in carrying out the provisions of the treaty, just as there had been in securing it. It was a time when Spain was coming more and more under the power of France. But in spite of the attempts of France to prevent it, the terms of the treaty were fully carried out with the delivering of the last of the Spanish forts on the eastern bank of the Mississippi in 1798.

For seven years after the signing of the treaty the river was open to the Americans, and the western country rapidly filled up. A prosperous trade was carried on, by which the Americans took their tobacco, grain, and other products down the river and deposited them in New Orleans, from which place they were reshipped to all parts of the world. But there was no desire to encourage settlers from the Union to come to Louisiana. The Spanish authorities were especially opposed to Protestant preachers, and none was allowed to settle anywhere within the limits of the province. The Catholic religion was a part of the government, and was supported to the exclusion of all others. Every immigrant was compelled at once to take an oath to support the Spanish government. But this restriction on immigration

was a comparatively small matter, so long as there was an abundance of land to the north. The important thing was the right of deposit; this had been granted for three years from the signing of the treaty, with the understanding that it would then be renewed or some other place on the Mississippi substituted for New Orleans.

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In the collection of Colonel Derritt, of Louisville.

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