John Quincy Adams Digital Diary

11. VII: There was a full Meeting of the Members of the Administration at eleven O’Clock this Morning— I found on going to the Office that Mr Brent was not there, and sent to his house for the copy of my Counterproject for a Treaty with Spain. He sent it to the President’s with Mr Onis’s project, both of which were fully discussed— Several other alterations and modifications of Onis’s project were proposed. The meeting broke up at four O’Clock, adjourning till to-morrow, without coming to ultimate conclusion— The second Article of Onis’s project contains the cession of the Florida’s by the king of Spain to the United States, but describing the Florida’s “such as they were ceded by Great-Britain in 1783 and with the limits by which they are designated in the Treaty of limits and Navigation concluded between Spain and the United States on the 27th. of October 1795.” I struck out this passage, as being useless to define the cession, and as implying an admission that the part of West Florida, of which we are already in possession was not included in the cession of Louisiana, as we have always contended— It was agreed that I should insist upon their being struck out. I proposed also that the second and third Articles of Onis’s project should be included in one Article; with an additional clause providing for the delivery of the archives and documents; which was approved— Onis’s fourth Article contains his boundary line [“]West of the Mississippi, beginning at the Sabine on the gulph of Mexico, following the present boundary of the State of Louisiana to the red river then the course of the red river to Longitude 100 and Latitude 33 1/4 thence a line North to the Arkansaw, then the course of the Arkansaw to its source and to Latitude 42. thence to the source of the Multnomah, then following that river to 43. and thence in that parallel to the South Sea”— The alteration that I proposed was to follow the Red River to Longitude 102 and Latitude 34—thence a North line to the Arkansaw—then following to its source, in Latitude 41. North, and thence by the parallel to the South Sea— The Rivers and all the islands in them to belong to the United States, and the Western and Southern Banks of the Rivers to form the boundary of Spain— We are now approaching so near to an agreement that the President inclines to give up all that remains in contest— He was this day decidedly for agreeing to the 100th. degree of Longitude the 43d. of Latitude, and for taking the middle of the rivers, if we can not get more— The members of the Administration, all incline the same way; but I was convinced that we should obtain more by adhering steadily to our points— Onis’s eighth Article provides that the Territories in the two Florida’s occupied by the troops of the United States, should first be formally restored to Spanish Commissioners, to be again delivered up to the Commissioners or Officers of the United States— The alteration that I propose is that the places already in our possession shall remain so, and the rest be delivered up to our Officers— But this being merely matter of form it was concluded not to be tenacious about it— Onis’s 9th. Article, confirms all grants of lands made before the 24th. of January 1818, that being the day when he made the first proposal for the cession of the Florida’s, and declares all grants subsequent to that date null and void, the grantees not having fulfilled the conditions of the cessions— I proposed to add that all prior grants should be valid only to the same extent that they would be to the king of Spain himself— It was agreed that I should urge for this addition— The tenth Article contains the mutual renunciations of claims of indemnity— Onis has taken the draft of our renunciations from our own proposals heretofore made— Among his renunciations on the part of Spain, is one for the revenues collected by us in the Florida’s, and for damages to the crown, in consequence of our invasion— I drew a counter-renunciation of the indemnities due to the United States, for the expences of the late campaign in Florida, necessitated by the failure of Spain to fulfil her Treaty stipulation to restrain be force her Indians from hostilities against us— But as an alternative I drew a short mutual renunciation of indemnities on both sides, for the late transactions in Florida— The eleventh Article annuls in part the Convention of August 1802. and provides that the indemnities due to the Citizens of the United States, for spoliations shall be made form the proceeds of the public Lands in Florida. It releases all Claims of Citizens of the United States, upon the Government of Spain, reserving only those upon individuals— I proposed a modification of this release, confining it only to those claims for which the claimants were entitled to the interposition of their respective Governments— This modification was however rejected on the principle that we could not before hand decide what claimants were and what were not rigorously entitled to the interposition of their Government— There was a long and earnest discussion of this point; and distinctions taken between claims upon contracts and claims for wrongs—captures at sea, and seizures 33in the Ports— Crawford said that if we admitted claims upon contracts, the whole floating debt of Spain would be brought down upon us. The President drew up a description confined to unlawful captures at sea, and unlawful seizures in the Ports of Spain and the Colonies; it was debated whether the claims of R. W. Meade, of W. D. Robinson, of Lloyd & Perkins, of James Yard, and of Smith and Buchanan would be embraced by this description, and whether provision ought to be made for them— Crawford was for reducing as much as possible the claims to be compensated, and for striking out that item of the renunciations which had been proposed by me, in my Letter to Onis, of 31. October last, and which included all claims statements of which have been presented to the Department of State, or to the Minister of the United States in Spain— Crawford said this was not binding upon us now, because it had not been accepted when offered— Calhoun inclined the same way— Thompson doubted whether the seizures at Lima, by the Vice-Roy of Peru, of vessels and Cargoes for which there were licences from the Spanish Government, would form claims upon contract, or upon unlawful seizure; and Wirt said it would very well bear an argument— The whole discussion upon this Article was adjourned till to-morrow at Noon— I had drawn an additional Article, to be the 11th. providing for the examination and adjustment of all the claims by three Commissioners, Citizens of the United States, to sit at Washington, and providing for the payment of the claims to the amount of five Millions of dollars. It was determined that this Article should be proposed—and also that the 13th. and 14th. Articles of Onis’s project should not be admitted— These were stipulations that all vessels should be cleared out for Ports specifically named in the papers; and that all others should be liable to capture and condemnation. The 15th. Article was an engagement to deliver up deserters from merchant vessels; which it was decided should be admitted— The 17th. was a stipulation that Spanish vessels should for twelve years be admitted into all the Ports of both Florida’s, on the same footing as vessels of the United States, and always afterwards upon the footing of the most favoured Nation— As we are now in controversy with France upon the construction of a similar Article in the Convention for the cession of Louisiana, it was resolved not to agree to it in this Treaty. The 16th. Article promised a certificate that the United States have received no satisfaction from France, for the captures by French privateers and condemnations by French Consuls, within Spanish Jurisdiction, so that Spain may claim indemnity for them from France. I proposed to certify the fact in the Article itself, and to modify the last part of it, and say, without naming France—so that Spain may avail herself of it in such manner as she may deem just and proper— This was also determined— I dined at Mr William Lee’s with a company of Gentlemen, among whom was Judge W. P. Van Ness of New York— I had at the President’s request some conversation with Judge Van Ness concerning the district Attorney at New-York, Mr Fisk— The complaints against him for gross and notorious intemperance, have become so loud and numerous, that the President has concluded to remove him, unless he will resign: but as in case of a removal there must be a previous enquiry, judge Van Ness proposed, to write himself to Fiske, and offer him the alternative— He is persuaded that Fiske will resign rather than pass through the ordeal of an enquiry. Mrs Adams was quite ill, and confined the whole day to her bed.