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Relations with Spain.

nation? Is it a crime to show humanity to such just measure adopted by your Government, I have unfortunates, and not deliver them up to punish-to request you, and, through your ministry, the ment? A different conduct ought surely to be considered a crime and an eternal disgrace.

And here I would not be understood as deny ing 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

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 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 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.

to the possession of any person duly authorized Copy of a note of the Governor of West Florida to his

on the part of Spain to receive it; also, the fort of St. Mark, as soon as a Spanish force sufficiently strong to hold it against the attack of the hostile Indians shall make its appearance for the same purpose. I shall lose no time in transmitting the answer of the President to my Government, in order that, on taking it into consideration in relation to that point, it may give such orders as may be required by the case. But with a view to prevent any difficulty in the execution of this

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.

In the month of May last, yielding to a spirit of conciliation, I gave permission to the schooner

Relations with Spain.

No. 2.

B. DUBREUIL.

The Commandant of West Florida to Major Youngs, encamped on the banks of the Escambia.

PENSACOLA, April 27, 1818.

Victory, from New Orleans, to pass up the Es-command, at Pensacola, May 2, 1818, in the abcambia to the American fort with a cargo of pro- sence of the secretary, (by indisposition.) visions; prompted by the same sentiment, I gave a similar permission in January last to Captain Call, of the schooner Italiana, to proceed to the same place; and subsequently, pursuing the same friendly and conciliatory feeling, I allowed Lieutenant Eddy, belonging to the garrison of the fort above alluded to, who had been commissioned for that purpose by Major Youngs, the commandant, to supply himself here with sixty barrels of provisions. The cargo of the schooner Italiana being still deposited here, I conceive that the introduction of the further supply requested by your excellency is not necessary at present. Not withstanding this, as I infer from your excellency's letter that the said provisions are now on the way, and am disposed to grant the same indulgence as heretofore, while it is not less my duty to enforce the established regulations and restrictions, which require that the supplies should be consigned to a Spanish trading,house, which will undertake to forward them and secure the payment of the royal import and export duties, I will give permission for them to pass in like manner as the first; it being, however well understood that, neither now nor hereafter, the United States can pretend to or acquire any right in consequence of these indulgences, which are perfectly gratuitous, and granted solely in consequence of existing circumstances, which, as your excellency states to me, prevent the arrival of supplies to the said Fort Crawford, through any other channel. In addition, you are pleased to remark that you are not disposed to enter into any discussion with me on the subject of the right which may be claimed by the United States to the free navigation of the Escambia.

To a discussion of this nature I am no less averse than your excellency; because it is one not within my province, and because it is my duty, as a subordinate officer, to conform to the orders of my superior; therefore, until I receive orders to the contrary, I am bound, in reference to this point, strictly to adhere to the existing treaties between the United States and Spain. On referring to the last treaty of amity, limits, and navigation, I perceive nothing that stipulates the free navigation of the river alluded to; but, on the contrary, that the sovereignty of the King, my master, in and over all the territories, coasts, rivers, ports, and bays, situate to the south of the thirty-first degree of north latitude, is solemnly and explicitly acknowledged by the United States; and if, in consideration of the present extraordinary circumstances, further momentary concessions are required, I request your excellency to have the goodness to apply for that purpose, in future, to the authority on whom they may depend, as I am wholly unauthorized in this

SIR: Your letters of the 27th instant, dated Camp on the Escambia and Fort Crawford, enclosing a proclamation, were this day delivered to me at 3 o'clock P. M. by an artificer, (a man of color,) whose immediate return does not allow me at present to reply particularly to them; and I shall only state that the few peaceful Indians who were at this place and in its neighborhood left it on the 26th, and at daybreak several of them were murdered by the troops of the United States, and among them some women and children. As I am unable to account for this act, and the violation resulting from it, I have to inform you that I shall transmit an account of the whole transaction to my superior; and I hope that in the meantime you will not permit any further hostilities to be committed on any pretence in this territory; and, in case the Indians give any reason for complaint, that you will inform me of it, that I may chastise them for it, as far as it depends on my authority.

If there be Indians still remaining in this terri tory, I will have them sought for, and communicate your letter to them, and advise you of the result. I do assure you on my word that your statement of the aggressions committed by the Indians is the first intelligence I have had of it, and that when I agreed to the passage of the escort of which you speak, those Indians of whom Lieutenant Eddy was apprehensive were the only ones pointed out to me.

I must repeat to you that all my wishes and efforts are directed to preserving the peace happily subsisting between our Governments, and relying on your friendly sentiments towards me, I offer you in return the assurances of mine. God preserve you many years. JOSE MAZOT. To Major WHITE YOUNGS.

The same to the same.

PENSACOLA, April 30, 1818. SIR: In consequence of the request contained in your letter of the 27th instant, I assembled the principal chiefs of the Upper Creek towns of Colome, Canaan, Corvalle, and Forsytche, and communicated its contents to them; they all replied that they had long been very unhappy and miserable, without shelter or country; but that, at last, by the advice of a good friend, they had found one; that they all cheerfully adopted it, and were very grateful for the offers you had made them. These Indians amount to about eighty-seven, including women and children. I have settled that they should divide into two True copies of the documents deposited in this companies, and they will set out as soon as your

matter.

God preserve you many years.

JOSE MAZOT.

His Exc'y Gen. ANDREW JACKSON.

Relations with Spain.

Opahi-hola, an Alabamian chief, on account of his age and infirmities, will remain here for the present with his family. I have given orders for his relief, and pledge myself for his good behavior.

You will always find me ready to unite with you in such measures as may be beneficial to our respective countries, and are conformable to existing treaties. I renew the assurances of my respect, and pray God to preserve you many years.

To Major WHITE YOUNGS.

No. 3.

JOSE MAZOT.

Copy of a letter from the Commandant of West
Florida to his Excellency Andrew Jackson.
PENSACOLA, May 18, 1818.

answer is received, which they think it prudenta part was bought here; all which being fully to keep, as you will, when informed of their ac- substantiated, the charge is consequently disprov ceptance of your offer, be enabled to give proper ed, and your inquiry satisfactorily answered. The orders for their safety on their journey, and their second is more serious, and refers to the conduct avoiding any unpleasant rencontre with the Choc- of the commandant of St. Marks, at a recent taws, who, if not duly informed of it, might at- period. I immediately demanded of him an actack them; in which case, the measures taken count of his proceedings; his report of which is for the peaceful arrangements that we both have enclosed under the No. 2. But as I am desirous that so much at heart would be defeated. you would bring forward unquestionable proof of the malconduct of that officer, I have to request you to furnish me with it, in order that, if his misconduct be established, he may receive condign punishment; hereby assuring your excellency, with that sincerity that belongs to me, that in such an event he has acted entirely contrary to his instructions; and that on receiving the evidence required he shall be tried by a court martial, and punished in an exemplary manner, according to the merits of the case. Your sense of equity will, however, satisfy you that the Spanish Government cannot be held responsible for the misconduct of its agents while it does not support them in it, nor tolerate their errors when proved. Your subsequent complaints are directed personally and pointedly against me, and relate to the shelter and protection alleged to have been afforded to the persons and property of fugitive Indians, and to the passage of provisions up the MOST EXCELLENT SIR: On the 10th instant Escambia. The best mode of giving a satisfacI received your letter of the 27th of April last, tory answer to these charges will be to offer you informing me that on board a small schooner de-a brief and faithful statement of facts. With tached from this port for Appalache there were respect to the Indians, you have assuredly not found several articles of clothing, such as are been correctly informed; for, although some few used by the United States troops, and which you remained permanently here, chiefly consisting of suppose were taken in the boat in which Lieu- women and children employed in supplying the tenant Eddy was unfortunately cut off, together inhabitants with fish, fuel, and other trifling artiwith his escort. You inquire of me how I be- cles, and had been living here long before the came possessed of those articles of clothing, and present war with the Seminoles, it is a fact that, you proceed to state that you regret the necessity when I sent round to assemble them for the purwhich compels you to inform me that, from writ-pose of communicating to them the proposal of ten and other proofs obtained at St. Johns, the Major Youngs, their whole number amounted quantity of American cattle found at St. Marks, but to eighty-seven; and surely the small proand the active communication kept up between portion of men among them unarmed, miserable, the latter place and the hostile Indians, there ap-and defenceless, could not be considered as ob pears sufficient ground to believe that they were encouraged and excited to this savage warfare against the United States by the Spanish officers. You add that there exist positive proofs that the Indians were supplied with ammunition by the late commandant of St. Marks; and you conclude by declaring that shelter and protection have been given at this place to the persons and property of the Indians who are in hostility with the United States, and have fled from the American territory; that these facts, and the refusal to allow the passage of provisions for the supply of your troops, fully evince the unjust conduct of the Spanish agent in the Floridas.

To these several charges I shall reply in their order, frankly, unreservedly, and unequivocally. The first relates to the articles of clothing found on board the schooner Maria, and detained on the presumption of their being the property of the United States. A part of these, as is proved by the copy No. 1, was purchased at New Orleans in May last; a part came from Havana and

jects of hostility to the United States; a proof of which was shown in the continual passage of American citizens to this place, travelling unarmed and alone, without a single instance of accident happening either to their persons or property. In regard to the passage of provisions up the Escambia, so far from suspending it, I facilitated it, as far as depended on me, even to committing myself; since, as a subordinate officer, I could not becomingly allow a proceeding which was not fully authorized. I therefore, in consideration of circumstances, took that responsibility upon myself, as I stated to your excellency in my letter of the 15th ultimo, by Major Perault, to which I beg your reference. But, with a view to the benefit of this place, by means of a free intercourse with the interior, I hereby declare that in future the merchants and traders belonging to it shall pass freely from hence to Fort Crawford, and other places on the frontier, and transport all necessary supplies, either by land or water; by which means it is to be expected

Relations with Spain.

they will be abundantly provided, and your ex- the sacred duties of her compact as it would be cellency entirely satisfied. unfounded in point of fact.

The letter from General Jackson to the Gov

In offering you these explanations and details, I flatter myself I have given so full and satisfac-ernor of Pensacola, a copy of which was transtory an answer to your excellency's letter as to mitted to you in mine of the 23d ultimo, and its leave no doubt of the sincerity of my intentions, answer, were written, not as you allege, at the and at the same time to have presented a certain turbulent period of the late war between the pledge that it is my earnest wish to contribute, United States and Great Britain, but, as their by every means in my power, to the maintenance dates will show, more than a year after the conof the good understanding happily subsisting be- clusion of the peace. The fort had been built tween our two Governments. God preserve you upon Spanish territory, under the sufferance of many years. Spanish authorities, by British officers, during the war, for annoyance against the United States. After the peace it remained the stronghold of fuwhich the Governor of Pensacola, when sumgitive negro and Indian robbers and murderers, moned by General Jackson to destroy, alleged his inability to do it without reinforcement and further orders, which, as the event proved, were never received.

JOSE MAZOT.

His Exc'cy ANDREW JACKSON.

Pensacola, 31st May, 1818. A true copy of the original deposited in the office of the secretary of the government of this Province, under my charge.

CARLOS REGGIO.

The Secretary of State to Don Louis de Onis.

DEPARTMENT of State,

WASHINGTON, August 24, 1818. SIR: I have received your letters of the 27th ultimo and of the 5th instant, with their respective enclosures, all of which have been laid before the President. With regard to the two vessels alleged to have been equipped at New York for the purpose of cruising under the flag of Buenos Ayres against Spanish subjects, the result of the examination which has taken place before a judge of the Supreme Court of the United States has doubtless convinced you that no prosecution commenced by the Government of the United States against the persons charged with a violation of their laws and their neutrality could have been necessary or useful to you, no transgression of the law having been proved against them.

I have the honor to inform you that orders have already been forwarded to the commanding officers at Pensacola and St. Marks to deliver up those places, conformably to the notice in my letter to you of the 23d ultimo, to the former Governor of Pensacola and commandant of St. Marks, respectively, or to any person duly authorized from you or from the Governor General of the Havana to receive them.

I am further instructed by the President to assure you of the satisfaction with which he has seen, in the last paragraph of your letter, your expectation of being speedily enabled to make proposals containing the basis of a treaty which may adjust, to mutual satisfaction, all the existing differences between our two nations, and his earnest hope that this expectation, in the fulfilment of which this Government have confided, and adopted measures corresponding with it, may be realized at an early day.

I have the honor to be, with high consideration, sir, your very humble and obedient servant, JOHN QUINCY ADAMS.

Don Luis de Onis to the Secretary of State.

BRISTOL, September 11, 1818.

It would be equally superfluous and unreasonable to pursue the discussion with you relative to the proceedings of the American Commanderin-Chief in entering Florida, and his conduct there, and to the misconduct of the Governor of Pensacola and of the commandant of St. Marks in aiding and abetting the savage enemies of the United States, whom Spain had, by solemn trea- SIR: I have received your official note of the ty, bound herself to restrain by force from com- 24th of August last, in reply to mine of the 5th mitting hostilities against them. But you will of that month and 27th of July preceding; and I permit me to observe that the obligation of Spain coincide with you in opinion that it is superfluwas positive and unqualified, and that an attempt ous to continue the discussion on the conduct of to evade its force by the allegation that Spain the American General in the invasion of Floricould not carry it into effect until she knew what da, since the simple knowledge of acts of this hostilities they had committed, and the possible description and notoriety sufficiently indicates causes of or provocations to them, would be equal- that justice which I am persuaded cannot be disly unwarranted by the express terms of the arti-sembled in the view of unprejudiced reason. cle, and by the intentions of the contracting parties to the treaty. The stipulation of Spain was, not to punish her Indians for murders committed upon the aged and the infirm, the women and children of the United States, but to restrain them by force from committing them; and the insinuation that the Indians themselves had been provoked to such atrocious acts would be as disingenuous on the part of Spain to escape from

I shall, therefore, not dwell further on the well-founded arguments and documents I have produced in my notes on this subject; but, merely referring to them, I have to insist on, and demand of the Government of the United States that most just satisfaction which I have already required of them, in the name of my Sovereign. and is imperiously claimed by the integrity of his monarchy and the honor of his Crown.

Relations with Spain.

I immediately communicated to my Government the determination which you did me the honor to state to me, that orders had been given to the American commanding officers to deliver up the posts of Pensacola and St. Marks to such Spanish authorities as might be duly appointed to receive them, that it may, on a knowledge of that fact, adopt the measures requisite to the case. Anxiously desirous to see the basis of a treaty established to the satisfaction of both Governments, I await the result of the negotiation pend-mouth of the river Hijuelos. ing, as you know, at Madrid, (information of which must soon be received here,) that we may proceed in conformity to it; and, it being fully evinced that the King, my master, has the most earnest wish to do what may be agreeable to this Republic, even to the diminution of his own interests, as far as is compatible with his honor and dignity, I doubt not that, in one shape or another, we may attain the most equitable mode of effecting a settlement on terms mutually satisfactory.

Hijuelos, in the twenty-sixth degree of latitude, following the left bank up to its source, drawing a line from Lake Macao, and then descending along the road from the river St. John to the Lake Valdes, crossing another line from the extreme north of said lake to the source of the river Amurama, following its right bank as far as its mouth, in the twenty-eighth and twenty-fifth degrees of latitude, and running along the seacoast, with all the adjacent islands, up to the

I reiterate the assurances of my distinguished consideration, and pray God to preserve you many years.

LUIS DE ONIS.

Extract of a letter from Mr. Erving, Minister Plenipotentiary from the United States in Spain, to Mr. Adams, dated

Madrid, February 10, 1818. The King has lately made large grants of land in East Florida to several of his favorites, and I am credibly informed that, within these few days, he has, by a sweeping grant, given all the remainder to the Duke of Alagon, captain of his guards, and the Count of Punon Rostro, one of his chamberlains. This is, perhaps, his mode of preparing for a cheap cession of the territory to the United States.

B.

To the Count of Punon Rostro.

All the uncultivated land not ceded in Florida, comprehended between the river Perdido to the west of the Gulf of Mexico, and the rivers Amaruja and St. John, from Popa, until they empty themselves into the sea on the eastern side; by the north, the line of demarcation with the United States; and on the south by the Gulf of Mexico, including the desert islands on the coast.

Extract of a letter from Mr. Erving to Mr. Adams, dated

MADRID, April 5, 1818. In my despatch No. 60, [of February 26,] I mentioned the grants of land in Florida lately made by the King of Spain to several of his courtiers, and enclosed extracts from those in favor of the Duke of Alagon and the Count of Punon Rostro. I have just now obtained a copy of that in favor of Don Pedro de Vargas, treasurer of the household, and it is herewith transmitted. I hope soon to be able to obtain full copies of the grants to Alagon and Punon Rostro. THE KING:

My Governor and Captain General of the island of Cuba and its district, Don Pedro de Extract of a letter from Mr. Erving to Mr. Adams, Vargas, under date of the 25th of January last,

Secretary of State, dated

MADRID, February 26, 1818.

The King has lately made large grants of land in the Floridas to several of his favorite servants. The enclosed papers (A and B) have been furnished to me as extracts from the deeds to the principal grantees-the Duke of Alagon, captain of the body guards, and the Count of Punon Rostro, one of the chamberlains. Mr. Vargas, treasurer of the household, has another grant. In fine, I am led to believe that His Majesty has given away the whole of the lands in that quarter which had not been previously granted.

A.

To the Duke of Alagon.

All the uncultivated land not ceded in East Florida, which lies between the banks of the river St. Louisa and that of St. John, as far as the mouths by which they empty themselves into the sea, and the coast of the Gulf of Florida, and the adjacent islands, with the mouth of the river

manifested to me as follows:

"SIRE: Don Pedro de Vargas, knight of the royal military order of Alcantara, treasurer general of the royal house and patrimony of your Majesty, with the most profound respect, at your royal feet exposes: That there is a quantity of vacant and unpeopled land in the Territory of the Floridas, and desiring that if your Majesty shall deign to reward his passable services, and the proofs which he has given of his loyalty, it may be without the least burden on the public treasury, or in the prejudice of any third person, as may be done at present by some lauds of that country, he beseeches your Majesty that, by effect of your sovereign goodness, you would deign to grant to him the property of the land which lies comprised within the following limits: that is to say, from the mouth of the river Perdido, and its bay in the Gulf of Mexico, fol. lowing the seacoast, and ascending by the bays of Buen Socorro and of Mobile, continuing along the Mobile till it touches the northern line of the United States, and descending by that in a

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