them over, you present them as fully justifying the conduct of the General, and exonerating the United States from all responsibility in the case. I shall take up these pretended motives in the same order you have arranged them, and demonstrate, in a simple manner, their total want of foundation, and their incompetency to palliate, in the slightest degree, the invasion of a province of a friendly Power reposing in the security of peace, under the safeguard of the public faith. You begin by reproducing the old grievances complained of by the United States, and which have been brought forward by your Government, among the subjects of dispute now pending between the Governments. Conceiving it superfluous to resume the arguments which have been formerly advanced to refute them, I shall for the present merely refer to them.

You state, in the first place, "that it cannot be unknown to me that, a considerable time before the Government of the United States issued the orders for military operations in that quarter, the inhabitants of their frontier had been exposed to the depredations and massacres of a tribe of savages, the greater number of whom dwelt within the borders of Florida." It is true that in the newspapers I saw accounts of such depredations and massacres, but I never knew the certain motives which had occasioned them. In the correspondence of the Spanish Governors of the Floridas, I observe continual complaints of the Indians to those Governors, stating the incessant injuries and vexations committed on them by the citizens of this Republic inhabiting the frontiers of both the Floridas; the proofs of which, to a certain extent, have been already laid before

which the savages and a horde of fugitive slaves had possessed themselves of in the territory of Florida; that the Governor acknowledged the obligation, but pleaded an incompetency of force; that the orders and competent force which he had solicited from the Governor General of Cuba were never furnished; and that the United States were finally compelled to accomplish its destruction by its own force."

I am not thoroughly acquainted with all the circumstances of this affair; but what I perfectly well know is, that the application should have been made to his superior, or to the Spanish Government through my channel, or through that of the Minister of the United States at Madrid, if the importance of the case required it, or if the Governor of Pensacola declined dislodging this assemblage of savages and slaves. This affair, however, having then come to an issue, cannot now be considered as a ground to justify the recent outrages of General Jackson in Florida, because the fort has long since been destroyed destroyed; and whatever may have been the individual omission or failure of the Governor of Florida, the proper recourse was to his Government, to punish him if he deserved it, or to obtain a suitable reparation for the injury complained of.

Thirdly. "That, at an early period of his operations, General Jackson had given full notice of their object to the Governor of Pensacola, warning him that every attempt on his part to succor the Indians, or prevent the passage of provisions for the American troops, would be viewed as acts of hostility; and that, in defiance of this admonition, the Governor of Pensacola did both give succor to the Indians, and delay the pas

companying my former communications. The Spanish Governors, being near observers of these transactions, were fully enabled to judge of the facts. It is from their correspondence alone that I can form an opinion on these points, while at the same time I feel every disposition to respect the decisions of your Government.

I admit, with you, sir, the imperious necessity which induced the two high contracting parties, in the treaty of 27th October, 1795, to stipulate the agreement contained in the seventh article, which imposes on them, reciprocally, the obligation of restraining, by force if necessary, the Indians inhabiting within the territories of Spain and of the United States from committing hostilities upon American citizens or Spanish subjects. But this stipulation could only be fulfilled upon the most satisfactory proofs of an existing necessity. It would have been an act of injustice and cruelty in Spain, had she drawn the sword to chastise the Indians living under her protection, without knowing what offences they had committed, and fully ascertaining their unquestionable certainty.

Strange, indeed, must it appear to the whole world that General Jackson should arrogate to himself the authority of issuing orders and imposing restrictions on the Governor of Pensacola, when he should have confined himself to the communication of positive facts and unquestionable proofs of the offences committed by the Indians, and to a request of the co-operation of the Governor for the punishment and reparation of the injury. The Spanish Governor, uninfluenced, however, by this dictatorial summons, proceeded, by every means in his power, to carry into effect the demands of the General. But the assertion of his having given succor to the Indians, and delayed the passage of provisions for the American troops in the Escambia, is wholly without foundation; the very reverse is proved by the official correspondence transmitted to me; and, in fact, such an assertion, lightly made, and unsupported by proof, is an additional insult to the person and public character of the Governor of West Florida, and a striking evidence of the animosity of the American commander. The Nos. 1, 2, 3, of the enclosed correspondence, evince extraordinary deference for the United States, and condescension for the General.

can General that Fort St. Mark had been threatened by the Indians and negroes, and expressed serious apprehensions, from the weakness of the garrison and defenceless state of the work, for its safety; and that this information was confirmed to the American general from other sources upon which he could rely." The Governor of Pensacola is wholly silent in his correspondence on the state of the fort; and, besides, it is a well-known fact, that neither that Spanish fort, nor any other in Florida, was ever attacked by the Indians and negroes alluded to.

Fifthly. "That, upon his entering the fort, unequivocal evidence was evinced of the duplicity and unfriendly feeling of the commandant-evidence demonstrating, beyond the power of denial, that he had made himself, by every act in his power, a partner and accomplice of the hostile Indians, and of their foreign instigators." It is important that a charge of such a nature should be fully substantiated; and I, therefore, must request of you, sir, to have the goodness to transmit to me the documents in support of it. I repeat that, in such a case, the proper course was an application to the superior of that commandant that he might be tried according to law, and on the exhibition of the testimony and documents produced against him.

Sixthly. "That the same spirit of hostility to the United States was discovered by the Governor of Pensacola himself, by his refusal to permit, unless by the payment of exorbitant duties, the passage of provisions to the American army; by the reception and succors given to the Indians at various times; and, finally, by a letter which he sent to the American General, denouncing his entry into Florida as an aggression against Spain, and threatening, unless he should immediately withdraw from it, and should he continue what he thus styled aggressions, that he would repel force by force." I am wholly at a loss to comprehend how these expressions of the Governor of Pensacola can be deemed censurable. The passage of provisions or foreign troops through the territory and waters of the Floridas was strictly forbidden by the Spanish Government. The Governor of Pensacola had no authority to dispense with this regulation in any case whatever; and he, therefore, gave a proof of extreme condescension in favor of the American army, in permitting, on his own responsibility, the passage of the provisions, as appears by the documents above referred to, Nos. 1, 2, 3. The demand of payment of the duties fixed by the regulations and tariffs of the Spanish Government was an obligation impossible for him to evade without a criminal breach of duty. It is the first instance I have seen of a charge brought against an officer for the faithful discharge of his duty. In all events, the moment that the Governor rnor of Pensacola signified to General Jackson his want of authority to grant his request, that General, or his Government, should have asked it of the Government of His Catholic Majesty.

Such are the grounds upon which General Jackson rests his justification, and which your

Government appears to consider sufficient to exonerate him from any charge, and all responsibility to the United States, by reason of the invasion of West Florida; and these grounds. you add, are still further strengthened in favor of the General by the following facts: 1st. That "the charges alleged by General Jackson against the commandant of St. Mark's are not known even to have been denied." It would, indeed, have been difficult for him to have contradicted them without having first acquired a thorough knowledge of, and then minutely investigated, all the details connected with them. Nothing like this was allowed by the operations of General Jackson, who, in a moment, fell, like an impetuous conqueror, upon the chief place and military posts of Florida with his whole force, supported by a train of field and battering artillery-a train which can hardly have been thought necessary for battering the cabins of miserable Indians. 2d. That "the Governor of Pensacola assured General Jackson that the information received by him of the number of Indians who had been received and harbored at Pensacola was erroneous; and, notwithstanding this assertion, a large body of them were overtaken, surprised, and defeated by the forces of the United States, within one mile of Pensacola, within ten days after the time stated, in his letter to the Governor, of this assemblage of Indians at that place; nor was it until after that event that the Governor issued his proclamation for refusing them supplies, and gave them the advice under which eighty-seven of them surrendered themselves to the American officer; and that since their surrender there had been only two Indians in Pensacola, and those in jail, which was incorrect, as, besides the Alabama chief included in the capitulation, one wounded Indian was found in the fort of Barancas; and, further, that Holmes, a noted Red Stick chief, left Pensacola but the day before the American troops took possession, and a number of other Indians were seen, about the same time, within a few miles of Pensacola, and succeeded, with the aid of Spanish officers, in eluding the pursuit of the American troops." It seems to me that the bare recital of these trifling circumstances is sufficient to enable any one to judge of their utter insignificancy. Let us suppose there were two or three, four or five, or several more Indians in Pensacola, or in any other Spanish post; and what is there remarkable or improper in that? What law or principle is there prohibiting the Governor of Pensacola from communicating with the Indians, and allowing them to bring in the usual supplies? The duty of the Spanish Governor was confined solely to withholding aid and assistance to the hostile Indians, and exhorting them all to preserve peace and abstain from any acts of injury or violence to the citizens of the United States. This duty he has religiously discharged; and nothing has yet been advanced that proves the contrary. Is it a crime to permit a wounded Indian, a wretched fugitive, disarmed and defenceless, to take refuge under the protection of Spain, and avoid the fate impending over his whole nation? Is it a crime to show humanity to such unfortunates, and not deliver them up to punishment? A different conduct ought surely to be considered a crime and an eternal disgrace.

And here I would not be understood as denying the cruelties exercised by the savages, or the horrors committed by them on the citizens of this Republic. I view with horror every act of barbarity and blind fury. Be pleased, however, sir, to compare the evils complained of with those which have, and do daily flow from those successive shoals of desperate adventurers, freebooters, assassins, and banditti, which have so long thronged from the American territory towards the adjoining provinces of the Spanish monarchy, and with the frightful swarms of corsairs, and pirates, who, after arming and equipping in the ports of this Republic, daily sally forth to infest the seas, destroy the Spanish commerce, and rifle every defenceless vessel they meet. To yourself and to the whole world it is notorious what deplorable atrocities have been committed by these barbarous and bloody wretches. I leave it to you to decide whether there can be any comparison between these excesses and those alluded to by General Jackson in his proclamation.

In fine, the very reasons assigned by General Jackson in justification of his conduct serve only to enhance its enormity. How can personal piques or disputes between subordinate officers possibly justify the invasion of a province, with all the apparatus and the fury of war, in the midst of peace? How can they justify the effusion of blood, the bombardment and capture of its fortresses and strongholds? How! is General Jackson an independent sovereign, or is the commandant of St. Mark's, or the Governor of Pensacola? Should not every altercation, disagreement, or complaint between these officers have been submitted to their respective Governments, by them to be decided? Most assuredly they should; and I cannot refrain from repeating that outrages of such a nature admit neither excuse or palliation. I am fully persuaded that the President, as you assure me, gave General Jackson no orders or instructions to commit such acts of violence and injustice, nor to depart from the course which the President, in his Message to Congress of 24th March last, announced it was his intention to pursue. It therefore follows, by a necessary inference, that General Jackson acted upon the impulse of his own mind, and took upon himself, as you say, the whole responsibility.

It is very satisfactory to me to be informed by you that the President agrees to restore Pensacola

just measure adopted by your Government, I have to request you, and, through your ministry, the President, to give the necessary orders to the American commandant and officers now holding that province to deliver it up to the Spanish Governor, officers, and troops, who may be duly authorized to receive possession of it. At the same time, I persuade myself that the President, being disposed to take this first step in making satisfaction to Spain, will not refuse such others as will make that satisfaction complete and effective. I therefore renew, in the name of the King, my master, my instant requests and reclamations of due reparation for all the losses and injuries sustained by the Crown and subjects of His Majesty in consequence of the proceedings of the American General and the troops under his command in Florida; and, moreover, of his lawful punishment, with that of any other officer who may appear to be responsible by his participation in the acts complained of.

On the other hand, I assure you, sir, that whatever complaint the Government of the United States may have against the Governor of Pensacola, the commandant of St. Mark's, or against any other Spanish military or civil officer, it will be promptly attended to by His Catholic Majesty's Government, and orders issued for any inquiry into their co conduct; and should it satisfactorily appear to be reprehensible, they shall be punished with all the severity of the law.

In concluding this note, I forbear to repeat to you assurances of the sincere and strong desire of His Catholic Majesty to see all pending differences speedily brought to an amicable conclusion. Your are aware that, in April last, I despatched a courier to my Government, with full information on the state of the neg negotiation, submitting, agreeably to what you stated to me, and with a view of expediting the proceeding, its final arrangement by the Ministry of the King, my master, and the Minister of the United States at Madrid. On the first official notice of the result of that proposition, although it has not yet had the desired effect, I have no doubt that we shall be able to come to an understanding by means of my new instructions, and agree on the basis of a treaty mutually satisfactory.

In the mean time, I confine myself to offering you the renewed assurance of my constant respect, and I pray God to preserve you many years. LUIS DE ONIS.

No. 1.

Excellency Andrew Jackson.

PENSACOLA, April 15, 1818.

MOST EXCELLENT SIR: Your excellency's letter of the 25th of last month has been delivered to me, also that of the 16th, in answer to mine of the 16th of February preceding. I now have the honor to acknowledge the receipt of both, and to reply to the former.