460 Jay's Treaty. 1790-95. the negotiations with Spain which secured the use of the Mississippi. To these we may now turn. The portion of Mr. Jay's treaty with which we are concerned, is the second article, and that is as follows: Art. 2. His Majesty will withdraw all his troops and garrisons from all posts and places within the boundary lines assigned by the treaty of peace to the United States. This evacuation shall take place on or before the first day of June, one thousand seven hundred and ninetysix, and all the proper measures shall be taken in the interval by concert between the government of the United States and His Majesty's Governor general in America, for settling the previous arrangements which may be necessary respecting the delivery of the said posts: the United States, in the mean time, at their discretion, extending their settlements to any part within the said boundary line, except within the precincts or jurisdiction of any of the said posts. All settlers and traders within the precincts or jurisdiction of the said posts, shall continue to enjoy, unmolested, all their property, of every kind, and shall be protected therein. They shall be at full liberty to remain there, or to remove with all or any part of their effects; and it shall also be free to them to sell their lands, houses or effects, or retain the property thereof, at their discretion; such of them as shall continue to reside within the said boundary lines shall not be compelled to become citizens of the United States, or to take any oath of allegiance to the government thereof; but they shall be at full liberty so to do if they think proper, and they shall make and declare their election within one year after the evacuation aforesaid. And all persons who shall continue there after the expiration of the said year, without having declared their intention of remaining subjects of His Britannic Majesty, shall be considered as having elected to become citizens of the United States.* Turning to the negotiation with Spain, we find, that in November, 1794, Thomas Pinckney was despatched to treat with the court of Madrid, in relation to boundaries, to the Mississippi, and to general trade. Many reams of paper had been spoiled by previous messengers, Jay, Carmichael and Short, to little purpose, and it was a matter of three months' farther correspondence, to mature the treaty of October 27th, 1795. This treaty, signed by plain Thomas Pinckney, "a citizen of the United States, and their envoy extraordinary to His Catholic Majesty," on the one part, and on the other by "the most Excellent Lord Don Manuel de American State Papers, L. 520.-For the treaty and correspondence entire, see Am. State Papers i. 470 to 525. 1790-95. Treaty with Spain. 461 Godoy and Alvarez de Faria, Rios, Sanchez, Zarzosa, Prince de la Paz, Duke de la Alcudia, Lord of the Soto de Roma and of the State of Albala, Grandee of Spain of the first class, Perpetual Regidor of the city of Santiago, Knight of the illustrious order of the Golden Fleece and Great Cross of the royal and distinguished Spanish order of Charles III., Commander of Valencia del Ventoso Rivera, and Aceuchal in that of Santiago, Knight and Great Cross of the religious order of St. John, Counsellor of State, First Secretary of State and Despatcho, Secretary to the Queen, Superintendent General of the Ports and highways, Protector of the Royal Academy of the noble Arts and of the Royal Societies of Natural History, Botany, Chemistry, and Astronomy, Gentleman of the King's chamber in employment, Captain General of his armies, Inspector and Major of the Royal Corps of Body Guards, &c., &c., &c.,"* contains, among other provisions, the following, once deeply interesting to the West. Art 4. It is likewise agreed that the western boundary of the United States, which separates them from the Spanish colony of Louisiana, is in the middle of the channel or bed of the river Mississippi, from the northern boundary of the said States to the completion of the thirty-first degree of latitude north of the equator. And his Catholic Majesty has likewise agreed that the navigation of the said river, in its whole. breadth, from its source to the ocean, shall be free only to his subjects and the citizens of the United States, unless he should extend this privilege to the subjects of other powers by special convention. And in consequence of the stipulations contained in the fourth article, His Catholic Majesty will permit the citizens of the United States, for the space of three years from this time, to deposit their merchandise and effects in the port of New Orleans, and to export them from thence without paying any other duty than a fair price for the hire of the stores; and his Majesty promises either to continue this permission, if he finds, during that time, that it is not prejudicial to the interests of Spain, or, if he should not agree to continue it there, he will assign to them, on another part of the banks of the Mississippi, an equivalent establishment.t This, being approved, closed the Mississippi sore, and defeated the plans of Sebastian.‡ * The after history of this man of many titles is a lesson worth the study of all those in power: see his memoirs translated, London, 1836; also an article in Westminster Review, for April, 1836. † American State Papers, i. 547. 549. For treaty, see American State Papers, i. 546 to 549.-For Pinckney's Correspondence, do. 533 to 546.-For that of Jay, Carmichael and Short, do. 131. 248 to 278. 328. 433 to 446. + Ante, p. 428. The great event of this year was the final transfer of the northern posts from Britain to the United States, under Jay's treaty. This was to have taken place on or before the 1st of June, but owing to the late period at which the House of Representatives, after their memorable debate upon the treaty, passed the necessary appropriations, it was July before the American Government felt itself justified in addressing the authorities in Canada in regard to Detroit and the other frontier forts.† When at last called upon to give them up the British at once did so, and Wayne transferred his head-quarters to the neighborhood of the Lakes,—where a county named from him was established, including the northwest of Ohio, the northeast of Indiana, and the whole of Michigan.‡Meanwhile the treaty with Spain was likely to become ineffectual in consequence of the alliance of Spain and France upon the 19th of August, and the difficulties which at the same time arose between the latter power and the United States. Spain took advantage of the new position of affairs to refuse the delivery of the posts on the Mississippi as had been stipulated,§ and proceeded, as we have already related, to tempt the honesty of leading western politicians.¶ During this year settlements went on rapidly in the West. Early in the year Nathaniel Massie, of whom we have already spoken, took steps to found a town upon the Scioto on a portion of the lands which he had entered. This town he named, when surveyed, Chillicothe.** * See treaty, Ante, p. 460. + Washington's speech, American State Papers, i. 30. Chase's Sketch, 27. Pitkins' History United States, ii. 484.—American State Papers, i. 559 to 760. § Adams' speech, American State Papers, i. 44. Documents, do. ii. 20 &c., 66 &c. 78 &c. Ante, p. 428. * McDonald's Sketches, 56, 60 to 64. McDonald, [p. 62,] says this meant “town,” and that there was a New and an Old Chillicothe, the former on the Little Miami, the latter on Paint Creek.-Boone, Filson, and various others, however, speak of the tow on the Miami as Old Chillicothe. There was also a Chillicothe on the Maumee. Drake 1796. Death of General Wayne. 463 "One hundred in and out-lots in the town, were chosen by lot, by the first one hundred settlers, as a donation, according to the original proposition of the proprietor. A number of in and outlots were also sold to other persons, desiring to settle in the town. The first choice of in-lots were disposed of for the moderate sum of ten dollars each. The town increased rapidly, and before the winter of 1796, it had in it several stores, taverns, and shops for mechanics. The arts of civilized life soon began to unfold their power and influence in a more systematic manner, than had ever been witnessed by many of its inhabitants, especially those who were born and raised in the frontier settlements, where neither law nor gospel were understood or attended to.”* In September the town of Cleveland was surveyed; † during the spring and summer various families settled along the Great Miami from Middleton to Piqua: ‡ the Iroquois resigned to the Connecticut Land Company, all their claims to the Western Reserve east of the Cuyahoga; | while in the more distant West, settlers and speculators began to appear in larger numbers. From Kaskaskia, in January of this year, a petition came signed by four persons, asking that slaves might there be tolerated, which was refused by Congress.§ St. Louis at this time contained seventy houses. Five or six rich families were intermingled with five hundred poorer people; and there, as well as at Kaskaskia and other French settlements, the tendency was to concentrate property. in a few hands: nearly all of the oldest of western towns belonged to one family. Toward the close of the year, General Wayne. on his return from Detroit to the eastern States fell sick and died, at or near Erie, (Presqu'ile.)** During 1796 Samuel Jackson, and Jonathan Sharpless, erected the "Redstone Papermill," four miles east of Brownsville; the first manufactory of the kind west of the mountains.†† in his introduction to the Life of Tecumseh, p. 17, tells us that one tribe or sub-tribe of the Shawanese was named "Chillicothe;" were not the towns named from that tribe? Another tribe was named “ Piqua.” * McDonald, 62. American Pioneer, ii. 295. + American Pioneer, ii. 24. American Pioneer, ii. 23. § American State Papers, xvi. 68:-see post. ¶ Volney's View, 381, 376. ** Burnet's Letters, 49, Allen's American Biography. ++ American Pioneer, ii. 64. In 1797, Power, as has been already related, visited, on behalf of Spain Sebastian in Kentucky, and afterwards Wilkinson at Detroit, where that commander had his head-quarters for the time. Nor was His Catholic Majesty contented with underhand operations, but proceeded to reinforce and strengthen his upper posts on the Mississippi, and took measures to enlist the Indians in his favor; †—all professedly against England, however.‡ Daniel Boone during this year removed west of the Mississippi, into the dominions of Spain:-he with his pack-horses, in the month of October, left the pleasant valleys of Virginia and Kentucky. He had been for some years a resident of the valley of the Kenhawa, Kentucky being too attractive to settlers, and his lands so badly entered as to give him no title. In Louisiana he received on the 28th of January, 1798, a grant of land from the Spanish Government: this, however, was informally made; but a petition was offered the Government, and an act of Congress at length obtained, February 10, 1814, confirming the grant, and saving from entire poverty the most remarkable of the frontier men, the beau-ideal of his class. § The "occupying claimant" law of Kentucky,- which was intended to relieve those who were ejected from lands, from the hardship of paying rent for the time they had held them, while their improvements were not paid for or regarded,—was also passed in this year. It was afterwards decided by the Supreme Court of the United States, to be unconstitutional, but the justice of that decision was not acquiesced in by the best men of Kentucky, and the Appellate Court of that State never recognized it upon the ground that it was not a decision of the majority of the Supreme Court.** Detroit, during 1797, contained, as we learn from Weld,†† three hundred houses. See Powers' Narrative in Wilkinson's Memoirs, ii. Appendix, No. xlv. and Wilkinson's own remarks same volume, p. 214, &c.: see also Marshall, ii. 225, &c. + See Letter of Winthrop Sargent.-American State Papers, ii. 88. + American State Papers, ii. 78 to 103. American Pioneer, i. 327. § Land Laws, 642. ++ Volume ii. 183. ¶ Marshall, ii. 208, &c.-Butler, 266 to 279. ** Butler, 279. |