M ..V '.,■ , '' 0:- •%,:>■ ^^>A'/ :.'.;; Class _i-2)J4i Boole ?PQG Gopynglit]^^„ COPSRfSHT EEPOSm THE PURCHASE OF FLORIDA THE PURCHASE OF FLORIDA ITS HISTORY AND DIPLOMACY BY HUBERT BRUCE FULLER, A. M., LL. M- WITH MAPS CLEVELAND THE BURROWS BROTHERS COMPANY 1906 a COPYBIGHT, 19«6 BT HUBERT BRUCE FULLER nKPUBLICAN PniNTING COMPANY CEDAR RAPID6, IOWA TO THE MEMORY OF MY BELOVED FATHER ROBERT B. FULLER CONTENTS. Page Preface Chapter Chapter Chapter Chapter Chapter V. 9 33 76 I. Early Relations with Spain II. To the Treaty of 1795 . III. The Purchase of Louisiana . IV. West Florida between the Mobile and the Mississippi , . 122 West Florida and Later Negotia- tions ..... 146 Chapter VI. Florida During the War of 181 2 182 Chapter VII. Resumption of Diplomatic Rela- tions . . . . . 213 Chapter VIII. Jackson's War with the Seminoles 240 Chapter IX. Adams versus De Onis . 271 Chapter X. The Treaty of 1819 . . 298 Chapter XI. The Florida Treaty . . 323 Appendices — A. Vol. VI, Instructions, p. 137 . . 333 B. Annals of Congress (January, 1819), p. 515 337 C. Vol. VIII, Instructions, p. 257 . . 340 ^' 1795 — Treaty of Friendship, Limits, and Navigation ..... 359 E. 1 8 19 — Treaty of Amity, Settlement, and Limits ...... Bibliography , . . . . F Index 371 381 383 P R E F AC E. THE acquisition of Florida, our early relations with Spain, and the struggle to secure New Orleans and the Mississippi, are critical and interesting chapters in American history. Their importance and magnitude are but slightly considered by many of wide culture, and are but vaguely appreciated even by those who have made a special study of the history of the nation. In connection with post-graduate work at Yale Univer- sity, where this essay was awarded the George Washington Eggleston Prize in American History, in 1904, the author became aware of the poverty of historical writing devoted to these significant matters in the diplomatic history of the United States, and was impressed with the advantages which might accrue to students of American history, from an unprejudiced and accurate account of the acquisition of Florida and our early entanglements with the Spanish nation. Through the courtesy of the late Hon. John Hay, then Secretary of State, and of Assistant Secretary Adee, the diplomatic correspondence of the period in question was placed at the disposal of the writer. Some idea of the importance of the questions involved and the attention they received from our national officials may be inferred from the fact that the author was obliged to examine some fifty volumes of official manuscript in order to secure the necessary data for a proper treatment of the subject. The original correspondence, all carefully exam- ined and compared, included Instructions to United States 10 Preface Ministers in Europe, Domestic Letters, Notes to Foreign Legations, Letters of Foreign Ministers in the United States to the State Department, Letters from our Ministers Abroad to the State Department, and the Personal Letters of the various Ministers of the United States to Spain, France and England. Vols. XII and XIII of the Domestic Letters, and Vol. I of Notes to Foreign Legations were lost at the time of the British occupation of Washington in 1814, and. have never been recovered. The letters now extant in the State Department, many in French and Spanish, and not heretofore translated, reveal much of the inside history of our early national life. This mass of correspondence and notes, for the most part, furnishes the authority for the statements of fact made in the following pages. The conclusions derived have been drawn in an earnest effort to be fair and to avoid prejudice; national vanity and a mistaken patriotism have misled many authors. The province of the historian is to present facts ; to be correct rather than pleasing; to criticise, if occasion require, yet always justly. Fortified by the results of fullest research, he should state truly what has happened, and be guided in conclusions by the laws of evidence. He should seek to accomplish the complete subjection of personal, political and patriotic prejudices. The narrative should be based prim- arily upon an examination and appreciation of original documents. Personal memoirs, contemporary chronicles, and biased biographies and diaries are not to be ignored, but they must be subordinated to documents of acknowl- edged validity — such as authentic dispatches, original in- structions, executive decrees and legislative enactments. Such gaps in history as cannot be filled should be bridged with great care. If the author has criticised government officials and Preface il officers of the army, or their conduct of affairs, it has been done solely to subserve the ends of historical accuracy. Acknowledgment must be made to Mr. Andrew H. Allen, the Librarian of the Department of State, and to Mr. Pendleton King, Chief of the Bureau of Indexes and Archives of that department, and to Mr. P. Lee Phillips of the Congressional Library, for their uniform courtesy and valuable assistance; to Professor Arthur M. Wheeler of Yale University, for his kindly criticisms, valuable sugges- tions and friendly encouragement; and also to Professor Theodore S. Woolsey and Professor Edward G. Bourne of Yale University; the Hon. Hannis Taylor, of the Spanish Claims Commission and one time Minister to Spain ; Pro- fessor Charles C. Swisher of George Washington Univer- sity ; Justice David J. Brewer of the United States Supreme Court; and Mr. T. Fletcher Dennis of Washington, D. C, for assistance and advice always graciously afforded, and most gratefully received. Hubert Brucd FuIvIvKr. Cleveland, Ohio, February, 1906. DIPLOMATIC HISTORY OF THE PURCHASE OF FLORIDA CHAPTER I. EARLY RELATIONS WITH SPAIN. FLORIDA — the land of the fountain of youth, of fabled riches, of unrivaled beauty, was the central figure of the romance and tradition of the sixteenth century. But her his- tory was more a tragedy than a song. Here explorers, brave knights, soldiers of fortune, lured by the siren songs of wealth and the hope of glory, suffered and died and the world knew them no more. Here were armies sacrificed to satiate the vengeance of European monarchs — massacred by savage redskins or other vengeful enemies, with every refinement of cruelty that an ingenious mind could conceive or an experienced hand execute. Here Spanish and French and English all contributed something to the horror-laden history of colonial conquest, each in turn learning the awful penalties of the law of retribution. Army after army buried itself in these swamps and forests — their bones left to bleach in the woods after being torn asunder by wild beasts or cruel natives to whom the whites had brought only the gospel of hate. And in these primeval forests, in a fruitless endeavor to explore the world of fabled romance, many a brave cavalier found the grave of his ambition. Bound by the thraldom of stupid traditions, they pursued the fateful errand of death and failure ; no city of gold was their reward, no treasure-mine offered remuneration ; only misery and death and the immunities of a forgotten grave. 1 6 The Purchase of Florida But these expeditions wer€ not of exploration and avarice alone; they were also of holy mission; for the adventurer and priest were companions, the one seeking the reward of gold, the other the nobler reward of souls won to Christianity. But their methods were much the same ; fire and sword served them in place of argument and conviction. The beautiful picture of self-sacrificing priests gone into a wild country to carry salvation to an unfortunate race, was not without its darker shadows. For they brought the inquisition with its horrors, and the fagot showed to a" lurid heaven that even untutored savages can die for their convictions and for principle. After the early period of discovery and settlement had passed, the American colonies became entangled in the wars of the continent. In 1666, again in 1719, and in 1725 various attacks on Florida had been made by the southern colonists entailing a bitterness of feeling between these provinces, which was destined to endure and bear fruit for more than a century. Fire and sword, famme and disease visited the colony in rapid and ruinous succession. By the treaty of Paris in 1763, Florida was ceded to Great Britain in return for Cuba, and a new life was opened to this province — the fairest, yet the bloodiest of our domain. For Spain has ever viewed her colonists as slaves whose blood and tears might well be shed to advance her own proud ease and splendor. With the change of title the Spanish people quite generally emigrated from the country which had been under the Castilian flag for two centuries. Two hundred years of disappointment and sorrow they had been. Outside the garrisoned walls little had been accomplished, for the Spanish were soldiers not civilians, gentlemen not agri- culturists. Under the English the province increased in population Early Relations with Spain 17 and wealth ; commerce flourished and friendly relations were established with the southern colonies. But when in 1775 the first guns of freedom were fired, they awakened no response in the hearts of the people of Florida. The other southern colonists might cheer the heroes of Lexington and Bunker Hill and call the minute-men patriots, but to Florida they were traitors, for Florida alone remained loyal. It was too new a possession and the people too well governed to feel the keen dissatisfaction and unrest which breed revolution. For to them English misgovernment seemed a blessing after the wrongs they had endured from the Spanish. And further, many colonists were the recent beneficiaries of the generous land-grants of the English king. No bells and bonfires in Florida proclaimed the Declaration of Independence ; no liberty poles arose in her public squares. On the other hand when news of the events of July 4, 1776, reached St. Augustine, John Hancock and Samuel Adams were hanged and burned in effigy by a cheering crowd of loyalists. Naturally this proud city, which had been called by her former monarchs ''the faithful city of St. Augustine,*' became, during the war, a depot and point d'appui for the British in their operations against the southern states and large forces at times were stationed there. Incursions were made from time to time into Georgia to be followed by counter-incursions into Florida. In the summer of 1778 two bodies of armed men marched from St. Augustine into Georgia, where after laying waste a part of the country about Sunbury and the Ogechee River they were forced to retreat. The Americans numbering some two thousand, under General Robert Howe, this same year of 1778 attempted to reduce St. Augustine. The British abandoned Fort Tonyn at the mouth of St. Mary's River, where so many privateers had been fitted out, and withdrew into the 1 8 The Purchase of Florida walls of St. Augustine which must have soon fallen had not the deadly insects and a wasting sickness attacked the colonists. In that year alone nearly seven thousand loyalists from the southertt' colonies emigrated to Florida. For the Georgia legislature had attainted with treason the refugees, and their property was declared forfeited to the state and ordered to be sold. Georgia's position was a most difficult one; for close to her was not only a loyal colony whose bitterness and effective ^strength had been increased by these Tory fugitives, but also the most powerful tribe of aborigines on the continent, hostile and revengeful. In short, Florida had become a haven of refuge for the king's troops and Tories, and these marauding expeditions, citizens, Tories, Scopholites, Minorcans and Indians, were banded together under the name of Florida Rangers. , With all the withering desolation of civil war the struggle went on; Ranger and Liberty Boy, Florida and Georgia, per- chance brother and brother, or father and son — such is the sad tale the historian must record. To old St. Augus- tine, particularly after the fall of Charleston, the cartel ships brought their loads of prisoners and here were con- fined many Americans of prominence in the Revolutionary struggle. When the war was ended the planters returned to their fields, the artisans to their trades. Many loyalists who had refused allegiance to the new government came to Florida to live again under English colors or await the time when bitterness and prejudice might disappear from their former homes. The province, under the impetus of British govern- ment, took on new life and added prosperity. But one day, in 1783, a ship arrived in the harbor of St. Augustine and all was changed; the darkness and despair of ruin settled upon the province. For the king of England and the king of Early Relations with Spain 19 Spain had indulged in a g-ame of chess : they had traded pawns ; Spain took the Floridas and Jamaica went to Eng- land. Florida was well nigh deserted; for the English subjects, bidding farewell to their old homes, with tears and lamentations, parted from brother and sister, mother and father. It was the scene of Grand Pre repeated ; many found ruin and want on the shores of Jamaica while others returned to the now United States, there to experience the injustice of successful foes. The cross of St. George was superseded by the Spanish flag, Spanish troops manned tlie forts and Spanish grandees dispensed the laws. And with their return industry and agriculture were suspended and commerce blotted out, while poverty and desolation took their place. The revolted col- onies were a nation, loyal Florida a Castilian province. The Declaration of Independence had hurled defiance at Great Britain and announced to the world the birth of a new nation, which was viewed with ridicule and contempt by many of the European countries, while others watched the scene in wonder, speculating whether here, at last, might be the weapon with which to hum'ble an ancient enemy. Those early years were fraught with perils that made our national existence precarious. The sinews of war were wanting and success was possible only with the alliance and aid of the ancient monarchies of Europe. Ambassadors — among the grandest men of the infant nation — were sent abroad, there on suppliant knee to seek the material and not alone the moral support without which the new-born must perish. To Madrid was dispatched the diplomatic and well-born Jay, to seek some aid for the new republic from the old Castilian rulers whose name had ever been synonymous with all things anti-Republican, who above all. stood for the divine right of kings. Spain was not for- 20 The Purchase of Florida getful of the lost Armada, nor was she unmindful of the numerous scores against England, and while she might view with intense satisfaction the loss to that country of her fairest possessions, yet that alone would not move her to action. At first she viewed with alarm the prospect of a new nation in North America .so near her own. It was not America free that Spain desired ; it was America dependent, but disaffected. For thus both the colonies and Great Britain would be unable to pillage Spanish America. At first then Spain gladly contributed, so far as she could — without exhausting her already embarrassed treasury or causing a public rupture — to maintain the colonies in this state of permanent disaffection. But the Revolution progressed. The American arms held their own and the issue looked toward actual inde- pendence. Would Spain actively assist in a movement which might prove so seductive to her own colonies : would she thus help build up a power founded upon political prin- ciples in hostility to her own theories and traditions? Montmorin, the French minister of Madrid, wrote to Vergennes : "I have no need to tell you, sir, how much the forming a republic in these regions would displease Spain, and in fact, I believe that would neither suit her interests nor ours." Mirales, who came to Philadelphia from Spain in 1780 on a mission of inquiry, was so far imbued with the preju- dices of his principals as to be incapable of giving in return a fair account of American affairs. The more he saw, the more he was appalled at the spectacle of the United States, not merely wresting the Mississippi Valley from Spain, but inciting Spanish South America to revolt.^ With prophetic foresight Vergennes declared that if 1. Wharton's International Law, Vol. I, p. 442 ; Bancroft's Hist, of the U. S., Vol. V, p. 301. Early Relations with Spain 21 the United States won a place among the independent nations, having fought to defend its hearth fires, it would next desire to extend itself over Louisiana, Florida and Mexico, in order to secure all the approaches to the sea. Actuated by these ideas and with elusive and adroit Castilian diplomacy, the Spanish met the American repre- sentatives with mingled feelings of annoyance, displeas- ure and alarm. This was the second stage of the Spanish attitude toward the American Revolution. By force of circumstances she was hurried on to the third stage. ' Unconsciously and irresistibly drawn by the logic of events into the whirlpool of that war which France, in the name of the colonies, was waging against Great Britain, Spain found solace and encouragement in the thought that at last was come the opportunity to avenge her wrongs ; to wrest Gibraltar from the hands of the hated intruder, and on the successful issue of the war to rise again to the position of a first-class power. The possibility of a Spanish alliance had long been gi pleasing and fruitful topic of debate in the continental congress, and in 1778 suggestions were repeatedly made in that body as to what might be offered as an inducement to this coveted arrangement. Finally the different ideas were crystallized in the form of a motion offered September 10, 1779, by Mr. Dickinson: "That if his Catholic Majesty shall determine to take part with France and the United States of America, in such case the minister plenipotentiary of the United States be empowered in their name to con- clude with the most Christian and Catholic Kings, a treaty or treaties, thereby assuring to these States Canada. Nova Scotia, Bermudas and the Floridas, when conquered, and the free and full exercise of the common right of these States to the fisheries on the banks of Newfoundland and the other fishinsf banks and seas of North America, and 22 The Purchase of Florida also the free navigation of the Mississippi into the sea." ^ But in this grant of the territory of the Floridas it was always provided, "that his Catholic Majesty shall grant to the United States the free navigation of the Mississippi into the sea and establish on the said river at or somewhere southward of 31° north latitude, a free port or ports," for all merchant vessels, goods, wares and merchandise belong- ing to the inhabitants of the States. The United States might well be thus generous in her terms, for her enemy and not herself was being despoiled. With these terms as a basis, Jay was directed to conclude a treaty of comity and alliance at the court of Madrid. These offers, however, did not coincide with Spanish ideas, and counter-proposi- tions were made : these are shown in a communication of the French minister to congress, February 2, 1780, on the "Terms of Alliance proposed by his Catholic Majesty," setting forth, "certain articles which his Catholic Majesty 'deems of great importance to the interests of his crown, and on which it is highly necessary that the Unite'd States explain themselves with precision and with such moderation as may consist with their essential rights. That the articles are: " ( I ) A precise and invariable western boundary of the United States. "(2) The exclusive navigation of the River Missis- sippi. "(3) The possession of the Floridas; and "(4) The lands on the left or eastern side of the River Mississippi. "That on the first article it is the idea of the calDinet of Madrid that the United States extend to the westward no farther than settlements were permitted by the royal proclamation of 1763. On the second that the United States 1. 'Wliarton, Vol. Ill, p. 311. Early Relations with Spain 23 do not consider themselves as having any right to navigate the River Mississippi, no territory belonging to them being situated thereon. On the third that it is probable that the king of Spain will conquer the Floridas during the course of the present war. On the fourth that the lands lying on the east side of the Mississippi are possessions of the crown of Great Britain and proper objects against which the arms of Spain may be employed for the purpose of making a per- manent conquest for the Spanish crown." ^ A certain faction were willing to barter away our right to the navigation of the Mississippi, if thereby they might secure so promising an alliance, but the statesmen for the most part insisted that this must never be the price of any treaty, no matter how beneficial. In a letter to Jay, Benjamin Franklin wrote, "Poor as we are, yet, as I know we shall be rich, I would rather agree with them to buy at a great price the whole of their [Spanish] right on the Mississippi than to sell a drop of its waters. A neighbor might as well ask me to sell my street door." 2 But Spain, insistent on exclusive right to the navigation of the river from its source to the gulf, would listen to no propositions which did not guarantee her this. In 1780 we find her demanding the Mississippi as the con- sideration for the loan of one hundred thousand pounds sterling. The Spanish asserted with warmth that the king would never relinquish the navigation of the Mississippi, and that its exclusive ownership was the sole advantage they would obtain from the war. ^ The colonies insisted that there need be no fear of future complications over this waterway, for it was the boundary of several states in the Union, and that the cit- 1. Wharton, Vol. Ill, p. 489. MSS. State Department. 2. Dated Passy, Oct. '2, 1780. Wharton, Vol. IV, p. 75. 3. Conference between Jay and Count de Florida Blanca Sept. 25, 1780. 24 The Purchase of Florida izens of these states, while connected with Great Britain, and since the Revolution, had been accustomed to the free use of the stream in common with the Spanish subjects and that there had been no trouble. Spain by the treaty of Paris had ceded to Great Britain all the country to the northeastward of the Mississippi; the people inhabiting these states while subject to Great Britain and even since the Revolution, had settled at various places near the Mis- sissippi, were friendly to the Revolution, and, being citizens, the United States could not consider the proposition of assigning them over as subjects of another power. ^ So far from granting the navigation of the Mississippi, Jay was directed to seek an arrangement by which, if Spain should capture the Floridas, the United States could share the free navigation of the rivers which traversed these prov- inces and emptied into the Gulf of Mexico. Americans be- lieved that the Mississippi had been planned by the Creator as a natural highway for the people of that upper country whose extent and fertility had already attracted tlie eye of the frontiersmen. They (believed that this country would be quickly settled, that there was neither equity nor reason in compelling the inhabitants to live without foreign com- modities and lose the surplus of their productions, or be compelled to transport them over forbidding mountains and through an immense wilderness to the sea, particularly when at their very door was the most magnificent higliway of the continent. ^ Spain maintained that the present generation would not want this right of navigation and that future gen- erations could well dispose of the question when it should become a live one. The king of Spain considered the ownership of the Mississippi River far more important to his dynasty than the recovery of Gibraltar, and the maxims of policy adopted in the management of the Spanish col- T Instructions to Jay in Congress, Oct. 4, 1780. Wharton, Vol. IV, pp. 78, 79. 2. Jay to President of Congress, Nov. 6, 1780. Ibid., p. 167. Karly Relations with Spain 25 onies required that only the CastiHan banner should appear on the Gulf Waters. ^ But the colonies insisted upon their moral and legal right to this outlet. True, it was a question which belonged largely to the future, but they were unwil- ling to thus hypothecate that future and retard their own development. Further, the treaty of alliance of 1778 with France, had guaranteed to that country the free navigation of the river. European complications, however, forced Spain into the contest, not as an ally of the colonies, but of France. ^ Yet for the accomplishment of the general purposes of the war, America became an essential ally. A large part of the British naval force was located in American waters, engaged in blockading as well as in more active service, and the situation demanded all the land force which England could command. Spain, however, did not yield to the per- sistent representations of France and America until an offer of mediation on her part had been curtly rebuffed by the British minister. Still she constantly refused an alliance with America except upon what were felt to be the preposterous terms she had already offered, and a small wonder is it that con- gress felt that, as the price of a treaty, she was seeking to de- spoil an ally. Now that she was actually a party to the war, the necessity for a treaty became less urgent, ^or was she not at war with England as effectively for her own objects as she would be for ours, and why donate to her the valuable Mississippi? Doubtless the effect of a Spanish-American alliance on England and other nations would be favorable to the United States, but the price was exorbitant. Jay remarked : "The cession of this navigation will, in my opin- ion, render a future war with Spain unavoidable and I shall 1. Carmichael to Committee on Foreign Affairs, Nov. 28, 1750. Wharton, Vol. IV, p. 167. 2. By secret convention of April 12, 1779, with France. 26 The Purchase of Florida look upon my subscribing to the one as fixing the certainty of the other." ^ But Spain proceeded to accomplish by force of arms that which she had been unable to secure by diplomatic arrangement with the struggling colonists. De- clining to recognize any right of the colonies to the Mis- sissippi or any land bordering thereon, either to the east or west, she found thus a fruitful field for her arms and her valor. In January, 1781, an allied Spanish and Indian force set out from the town of St. Louis of the Illinois and captured the post of St. Joseph. In the name of his Cath- olic Majesty they took possession of the tovv^n and surround- ing country with impressive formality. Thus had the American struggle for liberation become also a Spanish war of conquest. The capture of St. Joseph caused ill-concealed alarm among the American leaders. Speaking of this con- quest, Franklin, in a letter to Livingston, said : "While they decline our offered friendship, are they to be suffered to encroach on our bounds and shut us up within the Appalach- ian Mountains? I begin to fear thev have some such pro- ject."2 Montmorin, writing to Vergennes of a conversation with Count de Florida Blanca in 1782. says: "I thought right. Monsieur, to report these incidents to you, in making you observe the condition of things and understand the absolute carelessness, or even repugnance of Spain to the establishing the independence of America. If it is so marked now, what will it be when Spain succeeds in taking Gibraltar? Then the war will have no other object than that same independence which she now regards with so much indifference, and perhaps fear. "I confess. Monsieur, that this idea torments me. Re- member, Monsieur, that the system of M. de Florida Blanca has always been to make Spain mediator between England 1. Jay to Congress, Got. 3, 1781. V^Hiarton, Vol. IV, p. 743. 2. Dated Passy, April 12, 1782. VvTiarton, Vol. V, p. 300. Early Relations with Spain 27 and her colonies. He has followed that system with pertin- acity. He has never wished to declare himself openly for the United States, and even now he seems to draw himself away from them still more. This conduct seems to me to announce very evidently the desire that England should address herself to Spain to obtain a modification to the inde- pendence of America, that will make the sacrifice less hard." 1 In 1 781 when negotiations for peace oetween Great Britain and the United States were seriously considered, the question of the western boundary of the new nation became of paramount importance. Should England retain that por- tion of the United States bordering on the Mississippi, as it seemed likely that she might, the neighborhood of her possessions would be immediately dangerous to our peace. Should she also retain Canada and West Florida or even Canada alone, by applying herself to the settlement of that country and pushing her trade with vigor, a new nursery for her marine would be speedily established. From the confidence that the western territory lay within the United States, the British posts were reduced and the American government exercised in that section. Large bounties of land had been promised to the already discontented and mutinous army, and the couritry was furthermore relied on as an important source for discharg- ing the debts piled up in eight years of war. By the sur- render of this tract to Great Britain a large number of people, men, too, not behind their eastern brothers in zeal and suffering for the cause of liberty, would be thrown back within her power. To the absurd and dangerous Spanish proposition that the western boundary be a line one mile east of the Missis- sippi, the objection was 'made that the only principle which 1. Madrid, March 30, 1782. Wharton, Vol. V, p. 287. 28 The Purchase of Florida could justify such a limitation, would also justify mu- tilations of an immense extent. ^ Deserted by their allies and opposed by their enemies, the colonies had much to fear from the peace negotiations. England was reluctant to acknowledge the independence of her "rebellious sub- jects." Spain, at length, reconciled to their freedom, sought to circumscribe and weaken them. France, though seek- ing their freedom, feared the reconciliation and possible future alliance of the old Anglo-Saxon nation with the new, and so sought to place the late colonies in a position of tutelage to her. Friend and foe alike feared their strength. Nor did the subsequent history prove the French and Spanish fears to have been without reason. For the Amer- ican example in a few short years inspired the French Revolution, and pointed out the way to struggling South American colonies to emerge from their cruel tyrannies. Count de Florida Blanca's fears were not unfounded ; for the United States has turned its guns on both the allies of its early days. As the final date of the peace convention approached it became more evident that a determined effort was to be made to shut in the new nation by the Appalachian Mountain Ranges, and congress adopted a series of instructions to guide the American commissioners in their task. It was not to the interest of our French allies that an amicable treaty, such as would inspire m.utual confidence and friendship, should be consummated between England and the colonists. Their purpose was to plant such seeds of jealousy and discord in the pact as would compel our subservience to them. They sought to keep some point in contest between America and England, to the end of the war, to preclude the possibility of our sooner i-eaching an agreement, to keep us employed in the war, to make us 1. Secret Journal of Foreign Affairs, p. 153. August, 1782. Early Relations with Spain 29 dependent on them for supplies, and, even after the treaty, to compel us to look to them for protection and support. These considerations inspired France in her purpose to make England formidable in our neighborhood, and to leave us as few resources of wealth and power as might be consistent with our national integrity and independence. ^ In a conference between Jay and the Count d'Aranda, the Spanish diplomat insisted on two principal objections to our right to the Mississippi River. First, tliat the western country had never been claimed as belonging to the ancient colonies. That previous to the last war (1763) it belonged to France and after its cession to England re- mained a distinct part of her dominions until by the con- quest of West Florida and certain posts on the Mississippi and the Illinois rivers, it became vested in Spain by right of conquest. Secondly, that, supposing the Spanish right of conquest did not extend over all that country, still it was possessed by free and independent nations of Indians whose lands we could not consider as belonging to us. In accord- ance with his views thus expressed, Count d'Aranda sent Jay a map with the proposed western boundary line marked in red ink. It ran from a lake near the confines of Georgia, but east of the Flint River, to the confluence of the Kan- awha with the Ohio, thence round the western shores of lakes Erie and Huron, and thence round Lake Michigan to Lake Superior. ^ Jay seems to have been thoroughly convinced from the conferences with Count de Vergennes, the French min- ister of foreign affairs, and his private secretary, M. de Ray- neval, that France would oppose our boundary pretensions, that they would oppose our extension to the Mississippi, and our claim to the free navigation of that river. They would probably support the English claims to all the country above 1. Letter from Jay, Nov. 17, 1782. "Wharton, Vol. IV, p. 48. 2. Jay to Livingston, Nov. 17, 1782. V^arton, Vol. VI, pp. 22-23. 30 The Purchase of Florida 31° and certainly to all the country north of the Ohio. And that in case we refused to divide with Spain in the manner proposed, she would aid that country in negotiating for the territory she wanted east of the Mississippi and would agree that the residue should remain to England. ^ The good faith of France in the preliminary negotia- tions of 1782 has been a fruitful source of discussion among historians, and while the Bourbon dynasty was with- out doubt guilty of treachery to America, there is not suf- ficient proof to sustain all the suspicions of Jay at this junc- ture. La Fayette, while passionately disclaiming any love or partiality for Spain, still insisted that she was earnestly desirous of maintaining harmony and living in friendship and neighborly union with the United States. ^ In the final peace provisions Florida was allotted to Spain without any remonstrance by the United States. The conviction, prevailing as far back as 1777, that the inde- pendent sovereignty of the new nation would necessitate sooner or later the absorption of Florida and the Mississippi valley, may consistently explain why the United States made no objection to Florida's going to Spain from whom it could be more readily obtained than from England. Time, without treaty, so argued Luzerne in a dispatch to Vergennes, will in forty years fill the valley of the Mississippi with the pop- ulation of the United States and if so there is no use in hazarding peace for a stipulation which without being ex- pressed is one of the necessities of the future. ^ By the final treaty of 1783 the free navigation of the Mississippi was given to the United States. The Spanish ministry vigorously protested that the navigation of the river could not be ceded by the king of England, and that 1. abetters of Jay to Living-ston, Paris, Nov. 17, 1782. 2. La Fayette to Livingston, Bordeaux, March 2, 1783. Wharton, Tol. IV, p. 269. 3. Wliarton, Vol. I, p. 358. Early Relations with Spain 31 his cession could have no real force unless the Catholic king should think proper to ratify it. This question caused an acrimonious discussion, which, not settled until 1795, threatened at various times to plunge the two countries into war. The Spanish arms, they insisted, had conquered and possessed two harbors of the river on the day the treaty between Great Britain and the United States was concluded — the 30th day of November, 1782 — hence England could not dispose of it. ^ In the final treaty the southern boundary of the United States and the northern boundary of the Floridas was fixed at 31°. north latitude. Here were the germs of another controversy with Spain. During the British occupation of the Floridas the boundary had been 32° 28'. The boundary of 31° was based on the charter of Georgia given by George II, which he had no right to grant since it embraced terri- tory that then belonged to Spain. She refused to evacuate that portion of West Florida which lay between 31° and 32° 28', basing her refusal on the ground that she had driven the English out of this province before the treaty of Paris, and England had no right to cede lands which belonged to Spain by the unquestionable title of conquest. This ques- tion, like that of the Mississippi navigation, remained a sub- ject of contention for twelve years. The American envoys contended that England had the undoubted right to fix the line wherever she pleased, the provisional articles of her peace with the United States hav- ing been signed and also ratified before the signature of the Spanish preliminaries in 1783. In the treaty with the United States there was a sep- arate article as follows : "It is hereby understood and agreed that in case Great Britain at the conclusion of the present war, shall recover, 1. Secret Journal of Foreign Affairs, Vol. Ill, p. 517. 32 The Purchase of Florida or be put in possession of West Florida, the line of north boundary between the said province and the United States, shall be a line drawn from the mouth of the river Yassous where it unites with the Mississippi due east, to the river Apalachicola." Does not this clause raise some question as to the integ- rity and sincerity of the two contracting parties? By the cession of Florida to Spain, and the independence of the United States, the concern of Great Britain with the Flor- ida boundaries terminated, and it now becomes a Spanish- American issue. CHAPTER II. TO the; treaty of 1795. THE boundaries established by the Proclamation of 1763, irregular and manifestly unsatisfactory, were adopted by the treaty of Paris which gave us a place in the brother- hood of nations. The southern boundary, particularly, seemed likely to cause grave complications, partly from its irregularity and partly from its arbitrariness, for the barrier of an unseen and imaginary line is unable to withstand the resistless logic of national and racial history. From the Mississippi River it followed the 31st degree of latitude to the Chattahoochee River, then down that stream to the junction with the Flint; thence in a straight line to the source of the St. Mary's River and, following that stream, to the Atlantic Ocean. It seemed but natural that with the unity, growth and expan- sion of the young republic, new boundaries would become essential. Spain and England maintained their hostile posi- tions on our different sides, vultures poised in the air ready to swoop down and devour the carcass of the nation whose dissolution seemed imminent. Nor did France seem likely to hold back at such a crucial moment. Our representa- tions to those countries were met with contempt, our pro- tests with mirth, our threats with ridicule. Anarchy raised high its head throughout the land. War and a common danger had brought union and friendship ; peace and tran- quillity proved but the forerunners of a disunion and jeal- 34 The Purchase of Florida ousy whose ravages were scarcely less devastating than those of fire and sword. Cold type fails adequately to de- scribe the conditions existing in those states which had driven from their confines the proud armies of the haughty Briton, but could not now cope with the insignificant and contemptible rebellions of demagogues, fanatics and whis- ky distillers — the aristocracy of the disreputable. On all sides the European countries proceeded to acquire by fraud and cunning what they had failed to secure by treaty. The British still retained the northern line of forts which they were pledged to evacuate and even pushed them farther south until they were in the region of the present city of Cincinnati. Spain imitated the example of our northern neighbor. Nor were the Spanish claims entirely without merit. She had a measure of right to the boundary of 32° 28', for she had conquered that, and, even more, had carried her flag to the Great Lakes. She occupied and garrisoned the posts of Natchez and Walnut Hills. The boundary of 31° had its ori- gin in the grant of Carolina by Charles I, but this was then understood to be the latitude of the St. John's River. When Oglethorpe planted his colony of Georgia he attempted to acquire possession of the land down to the St. John's River. In 1763 the line between Georgia and Florida was fixed at St. Mary's River, and the northern boundary of West Florida at 31°. In 1765 a commission to the gov- ernor of Georgia extended that province to the Mississippi. This jurisdiction was revoked two years later by the terms of the commission given to Governor Elliott in which West Florida was extended northward to 32° 28'. The region north of this was reserved during the period of most exten- sive British control for the Muskogee Indians. Thus Spain had repudiated the right of England to fix the southern boundary of the United States at 31° and proceeded to for- To the Treaty of I^QS 35 tify the Mississippi as far north as the post of New Madrid. Chickasaw B'luff (now Memphis) and Walnut Hills (now Vicksburg) were included in the zone of Spanish fortifica- tions. In June, 1784, at Pensacola, the capital of West Florida, a treaty of amity and commerce was concluded be- tween the representatives of the Seminole Indians and the ofificers of the Spanish government, whereby the subscrib- ing savages bound 'themselves and their peoples to obey the orders to be communicated from Louisiana and Florida and to "expose for the royal service of his Catholic Majesty our lives and fortunes," and to give special trade and com- mercial rights to the Spanish traders. These Indians were mostly domiciled in the territory claimed by both Spain and the United States. Meanwhile the course of society was moving irresis- tibly onward, pushing back the virgin forests and the un- tamed savages ; the frontiersman and the pioneer, the fear- less scouts of civilization, had crossed the mountains, and were beginning to form settlements along the Ohio and its tributaries. Though the Alleghenies had not served to dis- courage their migration, they presented a formidable barrier to any extensive traffic or intercourse between the new country and the old, the West and the East, the trans- mountain and the seaboard peoples. Their natural outlet was in another direction. The Ohio, the Mississippi, and the Gulf of Mexico were the successive links in the water- way which could furnish them an easy and natural com- munication with the outer world. The free navigation of the Mississippi they felt to be theirs by moral right, by legal right, and by treaty right. Thoroughly inured to the dan- gers and hardships of the forests — natural difficulties they could tolerate. But of artificial restraint, the dictates of treaty, or of law, they were intolerant. Soon restive and rebellious under the treatment accorded them by the "down- 36 The Purchase of Florida river Spanish" they began to show them that ill-concealed hatred and contempt which had been their heritage from the days of Drake and the Armada. These Westerners whose life was a constant, bitter and terrible struggle with the very elements of nature, were in poor frame of mind to respect the dictates of laws and treaties which meant only added hardship. Patriotism, maintained at the cost of terrible suffering, and stunted by injustice and oppression, can never attain the luxurious growth of unwavering devotion. And Spain was not slow to take advantage of this unrest in our Western country. In 1786 and 1787, she was insidiously laboring on our south- western border to divert the allegiance of the trans-Alle- gheny settlers who had become particularly inflamed over a project lately pending before congress, to barter our Mis- sissippi rights for certain commercial privileges mainly ad- vantageous to the North and East. In the spring of 1786, Gardoqui, the Spanish minister, wrote to Jay requesting him to lay before the continental congress the question of a treaty with Spain which should settle the boundary dispute and the claim to the navigation of the Mississippi. Jay was informed that his Catholic Majesty "will not permit any nation to navigate between the two banks belonging to his Majesty." Further, that Spain refused to be in any way bound by the western and south- ern boundary lines fixed by the treaty of peace between England and America. The Spanish minister also requested the immediate payment of the principal of the debt con- tracted by the United States in Spain during the Revolution, warned them of the danger of losing the Spanish trade in case no treaty were concluded, and, by way of inducement, reminded Jay of the influence of the king of Spain with the Barbary powers, which the king might use in the inter- To the Treaty of IJQS XI ests of America, i£ a satisfactory treaty were secured.^ There were many in congress at this time wiUing to make a treaty with the CastiHan king, fixing the Florida line at 32° 28' and these same legislators consented to give Spain the full control and navigation of the Mississippi River for a period of twenty or thirty years. But the Spanish prop- osition of a western boundary line was nowhere viewed seriously in this country and we are inclined to doubt if it were even in the palaces where it originated. But Gardoqui refused in any event to consent to any article declaring our right to the Mississippi in express terms and stipulating to forbear the use of it for a given time. ^ Gardoqui, now cognizant of the secret article of the treaty of 1783, although soon willing to drop the contention for a cis-Mississippi boundary, insisted upon a treaty giving to Spain the line of 32° 28' and the exclusive navigation of the Mississippi. Stronger counsels prevailed in congress and no agreement was reached. The feeling that a new form of government would soon displace the confederation caused a suspension of negotiations until the new regime had been established. ^ Soon after the close of the Revolutionary War, Spain began to forward to the United States complaints of the con- duct of those Americans who had settled within the Spanish lines, or along their borders. There was a suspicion and dread of American "conquest by colonization;" nor do the fears of the Spanish seem to have been entirely ground- less. With a surprising lack of ordinary foresight, Spain had issued an invitation to emigrants to settle in her coun- try — both in the Floridas and in Louisiana. Further, 1. Gardoqui to Jay, May 25, 1786. MSS. State Dept., letter No. 126, Negotiation Book, pp. 26-31. 2. Jay to Congress, April 11, 1787, letter No. 124, Neg-otiation Book, p. 127. 3. Congressional Resolution, Sept. 16, 1788, letter No. 125, Ne- gotiation Book, p. 170. 38 The Purchase of Florida this invitation was a few years later made more attractive; one thousand acres of land gratis to every American who would remove to West Florida — and four hundred dollars for every hundredweight of tobacco which he might raise and deliver at New Orleans, exemption from all taxes and military service, and extravagant prices for all provisions and farm products. These same terms were offered settlers upon the western banks of the upper Mississippi. Gen- eral John H. Mcintosh, an officer in the Revolutionary army and a defender of Sunbury, accepted the invitation and occupied land near Jacksonville, and for two years held office under the Spanish regime. Then, detected in plots to over- throw the Spanish authority, he was sent to Havana and imprisoned in Moro Castle. Georgia proceeded to entv^r into treaties with the Creek Indians for the establishment of a boundary and the pur- chase of certain of their lands, without regard either for the rights of Spain or the United States. It seems inaccurate to dignify by the name of a treaty an agreement made between Americans and helpless Indians, amid a scene of drunkenness, debauchery and fraud, disgraceful alike to the commissioners who were concerned in it, and the state which sought to enforce it. The treaty of Galpinton (1785) between Georgia and the Creeks was one of this character: The Creeks claimed, with justice, that in this and other agreements the contracting Indians were either drunk, or without power, or induced by fear or fraud. In private sales similar methods were pursued. The trader or settler meeting a stray Indian indulged with him in a bottle of "fire water" and the victim the next day found to his sur- prise and indignation that his pale-faced host possessed a deed to all his property. Small wonder that the Indians complained of all this "pen-and-ink work." Nor did the settlers pretend to respect the treaty limits secured even in To the Treaty of IJQS 39 this disreputable manner. General Henderson called back- woodsmen in general "a set of scoundrels who scarcely believed in God or feared the devil." The tribes, gradually yielding to superior force, retreated, followed, or rather attended, by those inseparable parasites, Indian traders, a species of the white race that has never found a panegyrist or deserved one; a crew of whom nothing good has ever been said, though a few probably do not deserve the stigma which has blackened the name. This swarm of traders with its long train of pack-horses and apprentices thus kept pace with the slow and uncertain movement of the redskins. This constituted the primary stratum of civilization or society in that, as in most, sections ; but "civilization" is a term which can hardly belong to such a mongrel horde. Under the leadership of the astute and diplomatic half- breed, McGillivray, the Creeks were disposed to peace, dif- ficult as it was to secure. Skillfully arraying interest against interest, he sought to husband the strength and resources of his peoples, by a strict neutrality without giv- ing cause for offense to either neighbor. But the Georgians continued their incursions and even the authority of McGil- livray was barely sufficient to repress the hostile passions of his followers. In 1785, we find that the Georgians had made incursions into Florida which congress, by a resolu- tion of October 13, 1785, felt called upon to expressly dis- avow. Again on the eleventh of September, 1786, a reso- lution of congress was passed deprecating "the conduct of some people in that state towards the Spaniards," with the warning that "such measures will be taken as may prevent the like in the future." In 1785 the Georgia legislature organized the territory lying between their western boundary and the Mississippi River, opened the lands for general sale (thus precipitating the infamous Yazoo land frauds), and appointed as gov- 40 The Purchase of Florida ernor one Thomas Green. Some of the points comprised within these demarcations were fortified and garrisoned by- Spanish troops and the greater portion was included within the area claimed by the Spanish as conquered by their arms. Thomas Green had settled within this disputed territory near the fort of the Natchez, in 1782, as a subject of the Span- ish king, but he seems to have been clandestinely plotting for the subversion of the Spanish rule — another example of the familiar "conquest by colonization." Congress replied to the representations of Gardoqui by asserting that, though they claimed and insisted on their title to this territory in question,, yet they disavowed the act of the state. ^ Georgia and the Carolinas, together with their western territories, were undoubtedly full of adventurers constantly conspiring against Florida and neighboring Spanish possessions. Secretary Knox, in his letters and reports to congress, is repeatedly led to speak of "the most unprovoked and direct outrages" against the Indians of the South "dictated by the avaricious desire of obtaining the fertile lands possess- ed by the said Indians." Colonel Sevier figures as the leader of many expeditions against the Spanish and Indians whom he slaughtered without discrimination of age or sex. A bloody page of our history, these avaricious and unprincipled men were writing. Whole villages were put to the torch and their inhc^bitants either forced to flee to the forests, there to experience the horrors of starvation and exposure, or to be more mercifully offered up as sacrifices to the white man's cruelty and greed. Yet the Indians seem to have honestly sought a treaty of peace with the United States, full well realizing that any armed resistance on their part must mean national or tribal extermination. - The patriotic American must feel the flush of shame as he reads of the most 1. Gardoqui to Congress, Sept. 23, 1785, letter No. 12,5, Negotia- tion Book, pp. 23-25. 2. Letter No. 150, MSS. State Dept. 3, pp. 405-407. To the Treaty of 1 7 95 4i cruel, unwarranted and blood-thirsty manner in which peaceable Indians were murdered in their fields and robbed of their lands. ^ The settlers robbed the Indians, avoided war with them by a treaty, and then, directly violating the treaty, seized more lands. At times they sought to provoke the Indians to a general war that they might thus deprive them of all their lands. In such a condition of affairs it is not surprising that many innocent settlers on both sides of the Florida line were pillaged by the lawless element of both Indians and whites, nor is it surprising that many negro slaves took advantage of the opportunity to escape to the Spanish ter- ritories and thereby add another element of ill feeling and hostility to that already engendered. The Articles of Confederation did not grant power to congress to control Indian tribes in the limits of any state. Therefore the United States was unable to interfere in the dispute between Georgia and the Indians, for though the Creeks were an independent nation, they were within the boundaries over which the state of Georgia exercised leg- islative control. Secretary Knox recommended that con- gress persuade Georgia and North Carolina to cede their western lands to the United States, for thus the affair with the Creeks, Choctaws, Chickasaws, and Cherokees would become national and the United States could enforce the treaties which the Indians claimed had been violated.^ Small wonder is it that these Indians thus harried and pil- laged should turn to the Spanish for counsel and assistance. The settlers could scarcely have been unaware that the cer- tain consequence of their lawless outrages would be a ter- rible carnage on their frontier. To them, Indians were without rights and might be killed as indifferently as veno- mous snakes. 1. Letter No. 150, MSS. State Dept. 3, pp. 349, 362 and 373. 2. MS'S. State Dept, letter No. 151, pp. 275-282. 42 The Purchase of Florida Constant rumors reached the sensitive ear of the ready Gardoqui, that plots and counterplots were being hatched against the Spanish territories to the south and west. In 1787 a letter from one John Sullivan, a deserter from the American Revolution, and an ordinary example of crank and soldier of fortune, aroused the fears of the Spanish minister who brought the matter to the attention of con- gress. The letter was an open one, published in a southern paper of that year, and was written in the bombastic style which easily betrayed the character of the author. He had doubtless heard something of an anti-Spanish expedition and, with the self-conceit and importance of the harmlessly insane, had made himself a constituted organizer and leader of "this host of Myrmidons" who, as an "overwhelming inundation," were preparing "to pour down along the waters of the Mississippi into the Bay of Mexico." ^ Further complaints were made of sinister meetings at North Fort in North Carolina, for the purpose of conspiring against New Orleans and the Mississippi. ^ While Gardoqui was often misled by vague rumors, the spirit of the Western settlers was such that hostile expeditions were without doubt secretly planned and openly threatened. The reports that congress intended to barter away the rights of the United States to the Mississippi tended to increase the hostility of the Westerners and incite them to seek their own salvation by the strong arm. In 1787 and 1788, Kentucky openly proposed to declare her indepen- dence not alone of Virginia but also of the United States, which had shown such an utter contempt for her rights and interests. Spanish agents were at work sowing seeds of discontent but at no time did the Kentuckians turn a will- ing ear to the Castilian blandishments. Unfettered by diplomatic and treaty restraints, Kentucky felt that, inde- 1. Letter No. 125, Negotiation Book, pp. 146, 14S, 154. 2. IMd., p. 171. To the Treaty of IJQS 43 pendent, she could more easily accomplish her purpose of securing New Orleans and the Mississippi River, and so the Spanish appeals and manifestos fell upon barren soil. The vicious public-land system then in vogue did much to ren- der intolerable the position of the Western settlers. The method of selling those domains to land and settlement com- panies had little to recommend it, for the lands were held at a forbidding figure. They should have been given to settlers for homestead claims after the manner of later years. This would have encouraged emigrants to settle between the Mississippi and the Wabash and by increasing their num- bers would have made more difficult the machinations of the Spanish on the south and west, and the English on the north. 1 Couriers from the Western settlements brought such disquieting reports that in the fall of 1787 the secretary of war addressed instructions to General Harmar, comman- dant on the frontiers, directing him to ascertain what plots, if any, were being formed, the number, names and char- acter of the participants, their equipment and armament, their object, and, if necessary, to employ force to repress any hostilities. After an investigation General Harmar re- ported that no plot hostile to any foreign nation had been discovered. ^ Jay, the secretary of foreign affairs, seems to have more thoroughly grasped the true situation and appreciated the necessity for a treaty with Spain which would remove all points of dispute. He sought to impress upon his fel- low officials the fact that Spain would be our best country for trade and that the United States had much to hope for from that country in a commercial treaty. Further, he appreciated the fact that France and Spain were on friendly terms through marriage alliances, that in case of a Spanish- 1. (Letter No. 150, MSS. State Dept. 3, p. 519. 2. Letter No. 125, Negotiation Book, pp. 163-168. 44 The Purchase of Florida American rupture France would assist her Bourbon neigh- bor and not us ; and that the Spanish influence with the Barbary powers was of no small moment. In an address to congress, August 3, 1786, he declared, "We shall, I think, either find her in America a very convenient neighbor or a very troublesome one." To all of Jay's representations Gardoqui's concluding answer was that his king would never consent to any compromise on the question of the Mississippi River : that it was a maxim of Spanish policy to exclude all mankind from their American shores. Jay in- sisted that the adjacent country was fast filling with people and that the time must surely come when they would not peaceably submit to being denied the use of the natural highway to the sea. Gardoqui replied that that question could be diplomatically adjusted at such future time as it might arise, for, at most, it was a remote and highly im- probable contingency, as, in his mind, the rapid settle- ment of that country would be so injurious to the older states that they would find it necessary to check it. Appreciating the advantages to be gained by a treaty, and, feeling that the Mississippi navigation was not of pres- ent importance, a forbearance to use it, while we did not desire or need it, could be no great sacrifice. Jay advocated a treaty limited to twenty-five or thirty years, the United States giving up the river for that period. Spain excluded the subjects of the United States from the river and held it with a strong hand ; she refused to yield it peaceably and therefore it could be secured only by an appeal to the arbit- rament of war. But the United States were unprepared for war with any power and many of the eastern and northern states would have refused to supply troops at that time for the purpose of securing a right which they felt in no way concerned them. Thus Spain would continue to ex- clude us from the river. Would it not then be best to con- To the Treaty of IJQS 45 sent, and for a valuable consideration, to forbear to use what it was not in our power to use, at any rate? From the temper manifested in many of the papers published in the Western country it was apparent that the United States must shortly decide either to wage war with Spain or settle all differences with her by a treaty on the best terms in their power. To quote Jay in his able presentation of the case: "If Spain and the United States should part on this point, what are the latter to do? Will it, after that, be consistent with their dignity to permit Spain forcibly to exclude them from a right which at the expense of a bene- ficial treaty they have asserted? They will find themselves obliged either to do this and be humiliated or they must attack Spain. Are they ripe and prepared for this ? I wish I could say they are Not being prepared for war I think it to our interest to avoid placing ourselves in such a sit- uation as that our forbearing hostilities may expose us to indignities. It is much to be wished that all these matters had lain dormant for years yet to come, but such wishes are vain — these disputes are agitating — they press themselves upon us, and must terminate in accommodation, or war, or disgrace. The last is the worst that can happen, the sec- ond, we are unprepared for, and therefore our attention and endeavors should be bent to the first." If we should not secure the treaty, "The Mississippi would continue shut — France would tell us our claim to it was ill-founded. The Spanish posts on its banks and even those out in Florida, in our country, would be strengthened, and that nation would bid us defiance with impunity, at least until the American nation shall become more really and truly a nation, than it at present is, for, unblessed with an efficient government, destitute of funds and without public credit 46 The Purchase of Florida either at home or abroad, we should be obliged to wait in patience for better times or plunge into an unpopular and dangerous war with very little prospect of terminating it by a peace either advantageous or glorious."^ In Jay's report to congress the following year the same subject is discussed at length. ^ He says: "Your secretary is convinced that the United States have good right to navigate the river from its source to and through its mouth and, unless an accommodation should take place, that the dignity of the United States and their duty to assert and maintain their rights, will render it proper for them to present a memorial and remonstrance to his Catholic Majesty insisting on their right, complain- ing of its being violated and demanding in a temperate, inoffensive, but at the same time in a firm and decided man- ner, that his Majesty do cease in future to hinder their citizens from freely navigating that river through the part of its course in question. Your secretary is further of opinion that in case of refusal it will be proper for the United States then to declare war against Spain. There being no respectable middle way but peace and war, it will be expedient to prepare without delay for one or the other : for circumstances which call for decision seem daily to accumulate. "With respect to prescribing a line of conduct to our citizens on the banks of the river our secretary is embar- rassed. If war is in expectation then their ardor should not be discouraged, nor their indignation diminished, but if a treaty is wished and contemplated, then those people should be so advised and so restrained as that their sentiments and conduct may as much as possible be made to quadrate with the terms and articles of it He (your secretary) 1. Jay in a speech to congress, Aug. 12, 1787, Letter No. 125, Negotiation Book, pp. 40-56. 2. April 12, 1787. To the Treaty of IJQS 47 also takes the liberty of observing that a treaty disagreeable to one-half of the nation had better not be made, for it would be violated — ■ and that a war disliked by the other half would promise but little success, especially under a government so greatly influenced and affected by popular opinion." Spain absolutely declined to make a treaty for a lim- ited period or one which in any manner recognized any right or claim of the United States to the Mississippi River. Thus the question remained no nearer a solution — though demanding immediate arrangement — at the installation of the federal government and inauguration of Washington. In the meantime Spanish authorities were actively en- gaged in stirring up the spirit of unrest in the West. They promised the free navigation of the Mississippi in return for the acceptance of Spanish sovereignty by Kentucky and the Tennessee and the Cumberland settlements. The Westerners were gravely impressed with the effec- tiveness of the mountain barrier dividing them from the coast states. Scarcely were they to be blamed if loyalty to the Union rested lightly with them, and even if a strong separatist feeling prevailed. The value of the Union to them was measured only by the scale of its efficiency in pro- tecting them from the Indians and securing them the Mis- sissippi. A rope of sand, what protection could the con- federation offer, to win support or inspire respect? For the type of life displayed on the seaboard the frontiersman had little sympathy and less regard. To the "fierce inhabitants of the West" there was little love for a government that levied taxes without giving return, whose seat of power was an impossible two months' journey, and whose posts of honor and influence were monopolized by the self-seek- ing politicians of the effeminate East. The thirteen states as independent bodies were con-r 48 The Purchase of Florida sidering the question of ratifying the constitution. The Western settlements quite naturally were inclined to decide their own allegiance at the same time and by the same manner. Some favored complete independence, some would have willingly returned to England. Some were desirous of connecting themselves with Spain — for that meant New Orleans and the world beyond. With true human instinct they balanced rewards and penalties. Yet as a whole they preferred the Union, General Wilkinson, Judge Sebastian, Colonel Sevier, the redoubtable George Rogers Clark, and even the hon- ored Robertson showed distinct Spanish proclivities, and went so far as to accept pensions, or douceurs, from Spain for their support. Daniel Boone, still the forerunner of civ- ilization, growing restless under the approaching tide of humanity, pushed across the upper Mississippi, and in a newer and wilder region became a Spanish official. New Madrid was settled by Americans, colonists accepting the sovereignty of Spain. The defeat of the Spanish intrigues in the West was really compassed — though Spain did not and could not realize it until later years — when the new constitution was ratified, and a strong power was substituted for what out of generous charity we may call the government of the confederation. As the United States grew stronger, Spain, weakened by the French Revolution and the Na- poleonic wars, gradually lost her former prestige and could hope to gain only through intrigue that which had been denied her arms. Instead of Spain annexing portions of the United States, this country took advantage of Spain's weakness and forced from her one after another of her fairest provinces. Foreign emissaries in this country were firmly con- vinced that the politics of the Western communities were To the Treaty of 1 795 49 rapidly approaching a crisis, and could terminate only in an appeal either to Spain or England, who were playing their analogous parts on our unstable frontiers. It seemed probable that an independent confederacy under the pro- tection of some European power might be the outcome of the needs of the West and the impotency of the East. Jefferson grasped the true inwardness of the situation when he insisted that we must either reconcile ourselves to the loss of the West or wrest what we needed from Spain. Troubles along the southern border between the Creeks and white settlers increased and war seemed the probable outcome. Washington, soon after assuming ofiQce, ap- pointed commissioners to treat with the Indians and fix a satisfactory boundary line — one that might insure peace and tranquillity in that section. But the mission was a failure, as had been the previous one constituted during the period of confederation. As a last resort Washington determined upon a personal interview with McGillivray the Creek chief, who in June, 1790, set out for New York City, at the head of thirty Indian chiefs. On the road these aborigines were greeted with continuous and enthusiastic ovations and their reception at the temporary capital partook of the homage generally paid those of distinguished rank and birth. New York City on the day of their arrival presented a gala appearance. Tammany Hall, even then a powerful and historic institution, turned out in full regalia, and the national congress in a body waited on the visitors, by this time thoroughly impressed with the warmth and sincerity of their reception. A treaty was negotiated by which the Oconee lands — which had been the principal ground of dispute — were ceded for an annual payment of $1,500 and a distribution of merchandise. The question of tKDundary was settled, at least until the whites should desire more — the Indians had not then learned the futility and 50 The Purchase of Florida faithlessness of treaties — the Indian territory was guar- anteed against further encroachment — a hollow mockery. A permanent peace was provided for. The Creeks and Seminoles placed themselves under the jurisdiction of the United States and renounced their right to make treaties with any other nation. Such was the open treaty. Then a secret treaty was negotiated between McGilliv- ray and the United States which stipulated that after two years the Indian trade should be turned to points in the Unit- ed States — clearly a violation of certain articles in the Span- ish-Indian treaty of a few years before. McGillivray was appointed Indian agent of the United States and, in imitation of continental methods, was given the rank of brigadier general, with annual pay of $1,200. The treaty was bitterly criticised and the Indian chief was much maligned for his part in it. The Indians claimed that their choicest lands had been surrendered for an inadequate consideration ; yet the only alternative was a war in which the Creeks must have been crushed. Further the United States was pledged to keep the Indian territory inviolate — history had not then shown how little that meant. The treaty was manifestly unfavorable to the Spanish, and in violation of rights which they had secured in 1784. Nor would they quietly submit to the loss of the Indian trade and consequent bankruptcy of the trading house of Panton and Company, the chief proprie- tors of Spanish sovereignty in those parts. Spanish emis- saries increased the dissatisfaction of the Indians who sullenly determined to oppose the running of this new boundary against which even McGillivray had protested at New York, insisting that he could not guarantee it. This Indian chief has been greatly berated for his trickery and double dealing but his course seems to have been the only one possible, for by thus balancing America against Spain and avoiding war v/ith either nation he prevented the extinc- To the Treaty of IJQS 5^ tion of his tribe. His was a hard task and that his tribe continued to exist from year to year was his vindication. General WilHam Augustus Bowles, an American deserter of the Revolutionary army, with the aid of a band of adventurous settlers and disaffected Indians, whom he had won by fair promises of unlimited booty, in 1789 made an abortive attempt to capture Florida from the Spanish. Such incursions across the borders — at this time quite the order of the day — served only to increase the general disorder and bitterness of feeling already existing in that section. Settler pitted against Spaniard in an effort to win the Indian favor; mercenary speculators grasping after Indian territory ; and Spanish intrigue — the only sub- stitute for the force of the Americans — stimulating savage passions. Small wonder that shocking atrocities were committed. The federal government was doubtless sincere in its wish to secure the establishment of well-defined bound- aries, the protection of the frontier, and peace among the southern tribes. The treaty of 1790 in New York ignored the Geor- gian treaties and thus (bitterly incensed the Georgia settlers. Owing to the "double dealing" of the chief, Mc- Gillivray, the freebooting settlement of General Elijah Clarke, seeking every opportunity to overthrow the Florida government, the intrigues of the trading house of Panton and the Spanish emissaries, and the indignation of the Georgians at the manner in which their wishes had been disregarded and overruled, the stipulations of the New York treaty were never carried out ; and the horrors of a border warfare loomed darkly over the southern horizon. Secretary Knox in a report to Congress had insisted that an expedition against the Creeks would require a force of twenty-eight thousand men and the cost of such an expedi- tion would be at least $450,000. He had a profound respect for the fighting qualities of the Creeks and in comparing 52 The Purchase of Florida them with the Wabash tribe, said they "are not only greatly superior in numbers but are more united, better regulated and headed by a man whose talents appear to have fixed him in their confidence." ^ Immediately after the inauguration of the new govern- ment the question of a Spanish treaty was taken up by the department of state with the determination to push it to a successful issue. Realizing the intimate relations between the courts of France and Spain, Jefferson sought to secure the French support. Accordingly Jefferson instructed Wil- liam Short, our minister to France, to secure the assistance of La Fayette and M. de Montmorin at the court of Spain, and impress upon them "the necessity, not only of our having a port near the mouth of the Mississippi River (without which we could make no use of the navigation at all) but of its being so well separated from the territories of Spain and her jurisdiction as not to engender daily disputes and broils between us." For, continues Jefferson, "It is certain that if Spain were to retain any jurisdic- tion over our entrepot, her officers would abuse that juris- diction and our people would abuse their privileges in it : both parties must foresee this and that it will end in war : hence the separation. Nature has decided what shall be the geo- graphy of that in the end, whatever it might be in the beginning, by cutting off from the adjacent countries of Florida and Louisiana, and enclosing between two of its channels a long and narrow slip of land called the Island of New Orleans. The idea of ceding this could not be haz- arded to Spain in the first step : it would be too disagreeable at first view, because this island with its town constitutes at present their principal settlement in that part of their dominions, containing about ten thousand white inhabitants of every age, and sex: reason and events however, may by 1. Letter No. 151, MSS. State Dept., p. 359. To the Treaty of IJQS 53 little and little, familiarize them to it. That we have a right to some spot as an entrepot, for our commerce may be at once affirmed — the expediency too may be expressed of so locating it as to cut off the source of future quarrels and wars. A disinterested eye looking on a map will remark how conveniently this tongue of land is formed for the purpose : the Iberville and Amit channel offering a good boundary and convenient outlet on the side for Florida and the main channel an equally good boundary and outlet on the other side for Louisiana : while the slip of land between is almost entirely morass or sand bank : the whole of it lower than the water of the river in its highest floods : and only its western margin (which is the highest ground) secured by banks and inhabited : I suppose this idea is too much even for the Count de Montmorin at first, and that therefore you will find it only in general terms a port near the mouth of the river with a circumjacent territory sufficient for its sup- port, well defined, and extraterritorial to Spain, leaving the idea to future growth." In 1790 the probability of a war between England and Spain presented a favorable opportunity for pressing our claims at the Castilian ccfurt. In a special set of instruc- tions, Mr. Carmichael, our minister to Spain, was directed in meeting the Spanish secretary to "Impress him thoroughly with the necessity of an im- mediate settlement of this matter and of a return to the field of negotiation for this purpose : and though it must be done delicately yet he must be made to understand unequivocally that a resumption of the negotiation is not desired on our part, unless he can determine in the first opening of it to yield the immediate and full enjoyment of that navigation. . . . There is danger indeed that even the unavoidable delay of sending a negotiator here may render the mission too late for the preservation of peace : it is impossible to answer for the forbearance of our Western citizens. We endeavor 54 The Purchase of Florida to quiet them with the expectation of an attainment of their rights by peaceable means, but should they in a moment of impatience, hazard others, there is no saying how far we may be led : for neither themselves nor their rights will ever be abandoned by us. But should an accommodation take place, we retain indeed the same object and the same resolu- tions unalterably : but your discretion will suggest that, in that event, they must be pressed more softly and that patience and persuasion must temper your conferences till either these may prevail, or some other circumstance turn up which may enable us to use other means for the attainment of an object which we are determined in the end to obtain at every risk."i Owing to the prospect of an English-Spanish war it seemed likely that Great Britain would seize New Orleans. To England, Jefferson directed John Adams to intimate that we could not look with indifference upon the acquisition by that nation of Louisiana and Florida, for, he declared, "a due balance on our borders is not less desirous to us than a balance of power in Europe has always appeared to them." He insisted to Washington that rather than see Louisiana and Florida added to the British Empire, the United States should join actively in the general war then supposed to be pending. Circumstances, however, did not take the favorable turn hoped for and nothing came of this attempt at arbitra- tion. But at home matters rapidly assumed serious propor- tions. The Western settlers became more and more restive and inclined to replace the rules of international law with the judgment of force, while in the South the lawless element held high carnival : and complaints were constantly made by Spanish and American officials of frequent and wanton violations of territory. ^ War seemed imminent. In 1. Letter No. 121, Foreign Letters, p. 376. Jefferson to Carmich- sel, Aug. 2, 17'90. Treecott's Diplomacy of Washington and Adams's Terms, p. 226. 2. Carondolet, writing of the settlements beyond the Allegheniee To the Treaty of IJQS 55 1791 statements persistently appeared in the newspapers that hostilities between the United States and Spain were inevitable, and that preparations for a resort to force were being made by both nations. These reports were given full credit abroad. ^ Spanish officials continued to guard the Mississippi River, imprison all Americans captured thereon, and confis- cate their goods. Each seizure added another element of danger to the situation already felt to be most critical. Jefferson fully appreciated the acuteness of the situation, and directed Carmichael to push negotiations to a deter- mination. "An accident at this day," he wrote, "would put further parley beyond our power : yet to such accidents we are every day exposed by the irregularities of their officers and the impatience of our citizens. Should any spark kindle these dispositions of our borders into a flame, we are involved beyond recall by the eternal principles of justice to our citizens, whom we will never abandon. In declared: "This vast restless population, progressively driving the Indian tribes before them and upon us, seek to possess themselves of all the extensive regions which the Indians occupy — at the same time that they menacingly ask for the free navigation of the Missis- sippi. If they achieve their object, their ambitions would not be confined to this side of the Mississippi. Their writings, public papers, and speeches all turn on this point, the free navigation of the Gulf by the rivers .... which empty into it, the rich fur trade of the Mis- souri, and in time the possession of the rich mines of the interior pro- vinces of the very kingdom of Mexico. Their modes of growth, and their policy are as formidable for Spain as their armies Their roving spirit and the readiness with which they procure sustenance and shelter facilitate rapid settlement. A rifle and a little corn meal in a bag are enough for an American wandering alone in the woods for a month. .... With logs crossed upon each other he makes a house and even an impregnable fort against the Indians Cold does not terrify him and when a family wearies of one place, it moves to another and settles there with the same ease. If such men come to occupy the banks of the Mississippi and Missouri, or secure their navigation, doubtless nothing will prevent them from crossing and! penetrating into our provinces on the other side, which being to a great extent unoccupied, can oppose no resistance." 1. Short to Jefferson, July 24, 1791. Vol. I, Instructions, MSS. State Dept., p. 101. ^6 The Purchase of Florida such an event Spain cannot possibly gain, and what may she not lose ?" ^ M. Gardoqui, the Spanish envoy, was impressed with what he felt to be the local aspect of the Mississippi question and so reported to the court of Madrid. The navigation of the Mississippi, he felt, was only demanded to pacify the Western settlers and that the eastern or maritime states were not only indifferent but probably even hostile to the idea. While to a limited extent this had been the feeling, it had given way to a strong sentiment in favor of securing our demands in that quarter even at the cost of war. The Spanish court was more likely to trust the reports of Gar- doqui, who had now returned home, than the representations of the American minister, whose interests demanded that this behef be completely eradicated. "The very persons to whom M. Gardoqui alluded are now come over to the opinion heartily that the navigation of the Mississippi in full and unrestrained freedom is indispensably necessary and must be obtained by any means it may call for." In the light of a hundred years Jefferson's argument for persuading Spain to cede New Orleans and Florida and grant us the navigation of the Mississippi shades on the humorous. As a neighbor, he declared, the United States wrould be safer for Spain than would England, for conquest was inconsistent with our principles of government and our theories of right. Further it would not be to our interest for ages to come, to cross the Mississippi or maintain a connection with those who should. But nothing more, worthy of record, was done until the administration received an intimation from the Spanish government that it would resume negotiations at Madrid. War clouds were lowering over Europe. The wild excesses of revolution and anarchy had awakened the continent. 1. Vol. I, Instructions, p. '26. Jefferson to Carmichael, April 11, 1791. To the Treaty of IjgS ^7 Peace a'broad was necessary that the nations might suppress resistance at home. Washington in December, 1791, nomin- ated Carmichael, then charge d'affaires in Spain, and Mr. Short, then charge in France, commissioners plenipoten- tiary to negotiate and conclude a treaty with Spain. The question of the Florida boundary and the navigation of the Mississippi were to be settled. In addition the treaty should provide for certain commercial advantages in the Spanish- American possessions. The commissioners were instructed along the lines already developed, but were cautioned that the treaty should neither expressly nor by implication con- cede any claim of Spain to the Mississippi : that this should be taken as a right and not as a grant from Spain : neither should any compensation be given for the navigation. If this was insisted on, it should be set off by the duties already paid at New Orleans and the claims for the detention of American shipping at that port. The commissioners did not meet at Madrid for a full year after their appointment. At that time history was being made with incredible rapidity. The French, mad with the enthusiasm of liberty and license, and particularly hostile to the reigning houses of Europe, had started on their mission of carrying freedom to the oppressed and founding republics in all lands. As a likely field for this work the Spanish-American possessions did not long escape their attention and, further, had not Spain invited their loss by uniting with legitimate Europe to overthrow republican France? It came to the ears of Jefferson that France proposed to send a strong force early in the spring of 1793 to offer independence to the Spanish- American colonies beginning with those bordering on the Mississippi. To prevent any hostile feeling or demonstra- tion on the part of the United States, she did not object to an arrangement by which the Spanish holdings on the east side of that river should be received into our confederation. ^8 The Purchase of Florida "Interesting considerations," writes Jefferson to Carmichael and Short, "require that we should keep ourselves free to act in this case according to circumstances, and consequently that you should not by any clause of treaty bind us to guar- antee any of the Spanish colonies against their own inde- pendence nor indeed against any other nation. For when we thought we might guarantee Louisiana on their ceding Florida to us, we apprehended it would be seized by Great Britain, who would thus completely encircle us with her colonies and fleets. This danger is now removed by the concert between Great Britain and Spain and the times will soon enough give independence and consequent free com- merce to our neighbors, without our risking the involving ourselves in a war for them." ^ For Louisiana or the Floridas to fall into the possession of hostile England, it had been felt, would be ample ground for actual intervention on the part of the United States. In the hands of decadent and paralytic Spain it was thought that in time they would certainly gravitate into American possessions. The commissioners met at Madrid about the first of February, 1793, but in the kaleidoscopic change of events circumstances were now vastly different from those which had induced their appointment. The ministerial power of Spain which had been transferred from Count d'Aranda, had again been shifted, and was now held by Godoy, the notorious libertine and paramour of the Spanish queen. The difficulty between England and Spain was settled and had been superseded by most friendly relations. The concil- iatory attitude which Godoy had adopted towards France in the hope of saving the unfortunate King Louis was rudely destroyed by his decapitation. This change was soon fol- lowed by a French declaration of war against Spain, and 1. Vol. I, Instructions, p. 260. Jefferson to Carmichael and Sliort, March 23, 1793. To the Treaty of IjgS 59 the American commissioners were thus deprived of the support upon which they had fondly relied from the only power in Europe able and willing to facilitate the negotia- tions. Even worse, the inevitable tendency of events led to an alliance between Spain and the combined enemies of France at whose head stood, hated and hating, England. The relations between England and the United States were most unfriendly and, at this very period, war between these two countries was considered imminent. Spain quickly con- cluded an alliance offensive and defensive with England, whose terms fully covered any contingency of hostilities with the United States. The commissioners realizing the unfor- tunate state of affairs wrote to Jefferson : "We cannot help considering it unfortunate that an express commission should have been sent to treat here." Surely circumstances had not conspired to give any hope of success. Gardoqui, late Spanish minister to the United States, was appointed to conduct the negotiations. While here he had been thoroughly impressed with our weakness and the divid- ed feeling on the Mississippi question, and was impervious to all arguments. The commissioners wisely determined not to press their case, and found this course quite agreeable to the ever dilatory and procrastinating policy of Spain. In- structions from Philadelphia directed them to proceed. They managed to reach Godoy but were unable to make any headway on the main points of their mission. They laid before him, however, certain complaints on the Spanish interference with the Indians along the southern border, and secured his promise, of whatever value they might have considered this, that Spain would not interfere in case the United States should declare war against the refractory redskins. Continued failure induced the dissolution of the commission, and Carmichael took his departure leaving Short at Madrid credited as charge. He found much 6o The Purchase of Florida difficulty in being either received or acknowledged, even in that capacity. In the meantime the troublesome and autocratic Genet had landed in America and was proceeding in that auto- cratic and insulting course which ended in the demand for his recall. Taking every advantage of the popular enthus- iasm then existing in favor of the French cause, he pro- ceeded in defiance of international law and American sove- reignty to fit out privateers and enlist volunteers for the French service. The French government had imposed upon him the double character of accredited diplomat and revolu- tionary propagandist. Intrigue in Kentucky and the South, and the conquest of Louisiana were the prime objects of his mission — a point generally ignored in the treatment of this interesting character and his turbulent career in the United States. Arriving at Charleston in April, 1793, he energeti- cally set about his prescribed tasks. Ignoring Washington's proclamation of neutrality. Genet carried things with a high hand, confident of his success in an appeal to the people, if that became necessary. He approached Jefferson who, forbidding any attempt to involve American citizens, expressed indifference as to what insurrections might be excited in Louisiana, and even declared that a little spontaneous invasion would promote the interests of the United States. 'Expecting that America would soon be at war with Spain, our secretary of state may have deemed it wise not to cut himself off from an acquain- tance with Genet's designs against the Spanish colonies, particularly since the movement was represented as nothing more than a plan to give independence to Louisiana. Genet had two anti-Spanish projects on foot, one for a military expedition, to be organized in South Carolina and to rendezvous in Georgia, for the invasion of Florida, the other for a like expedition against New Orleans and Louis- To the Treaty of IJQS ^i iana, to be set on foot in Kentucky. French emissaries were freely employed, and for the Florida enterprise Governor Moultrie of South Carolina, General Elijah Clarke of Geor- gia, Samuel Hammond, and William Tate, all men of honor and standing in the South were speedily enlisted. The expedition under the command of General Clarke, according to the prospectus, was to be supported by the French fleet. Plans for the conquest of Louisiana had been presented to the French authorities when the relations between France and Spain became strained, after the outbreak of the French Revolution, but the plan of expedition here attempted seems to have been proposed by George Rogers Clark, who had distinguished himself during our Revolutionary war by the conquest of the Illinois country, but who was now reduced to an equivocal position from the combined influence of intemperance and pecuniary embarrassment. In 1788, he had offered his services to Spain, for a land-grant, and was now even more ready to expatriate himself for France. Genet's agents and Clark, in Kentucky, actually undertook the procuring of supplies and boats and sought to interest the discontented Kentuckians in the scheme for securing the freedom of the Mississippi by replacing Spain at its mouth by the French Republic. Unquestionably there existed in Kentucky highly in- flammable materials. Her allegiance and patriotism had already been severely tested, and the refusal by Spain of the free navigation of the Mississippi was regarded as a great grievance and suspicions were generally entertained that no proper efforts had been made to secure it. George Rogers Clark declared that he could raise fifteen hundred men and the French at St. Louis, with the Americans at the Natchez would eagerly join his command. With the first fifteen hundred all Louisiana, beginning at St. Louis, could be won for France, and with the aid of two or 62 The Purchase of Florida three frigates at the mouth of the Mississippi, he would agree to capture New Orleans and the rest of Louisiana. And only a little further assistance would be* needed to secure Pensacola and even Santa Fe and the rest of New Mexico. By July, Genet wrote home that he was arming Kentucky and preparing a general insurrection in the provinces adjoining the United States. But Genet's disregard for our national authorities served as a boomerang; he lost his most powerful friends and popular sentiment proved fickle. His plottings, however, aroused the Spanish governor Carondolet, whose force of sixteen hundred men was strung along six hundred leagues of river navigation. Urgently demanding reinforcements from home, in the anxious moments of despair he wrote to the English in Canada for assistance. At the moment when success seemed assured Genet's career was terminated by the fall of the Girondist party in France. Genet was recalled and a new minister, Fauchet by name, arrived with instructions to terminate an expedition, which, had not Washington refused his connivance, must have been a success. An advance by the United States on the debt due to France, on which Genet relied, would have enabled him to proceed with these plans as well as the mari- time war against England on the American coast. But he failed to support the project with efficient organization and financial resources and it collapsed under the hostility of the federal authorities. Only about two hundred men had been under arms, but many others awaited the call to war. In one of its aspects the movement was a continuation of the efforts of the Westerners to expel the Spanish from the Gulf of Mexico — efforts which found later expression in Jackson's expedition, and in the Mexican and Cuban wars. In another of its aspects it was a phase of the repeated designs of France to recover her control of Louis- To the Treaty of IJQS 63 iana, for it is a mistake to suppose that this design dates from the efforts of Napoleon and Talleyrand in 1799 and 1800. If the Clark expedition had been more efficiently man- aged it was not so chimerical as it now appears. Its ulti- mate design was the conquest of New Orleans, Louisiana, and New Mexico. Considering the weakness of Spanish rule in Louisiana, the attitude of leading Westerners, the excited feeling in the West against Spain and the Federal authorities, the expectation of statesmen like Jefferson that a war with Spain was inevitable, and the widespread sym- pathy for France in the United States, such a proposal as Clark's was not without hope of success. The details of its inception and progress reveal the inchoate condition of national feeling in the West and the many hazards which beset our control of the Mississippi Valley. Genet had found an active lieutenant in General Elijah Clarke, an officer of prominence in the Revolution, who had for some time been an active disturber of the peace on the Florida border. ^ First a leader in unwarranted violations of the McGillivray Indian treaty of 1790, he had made war on the Indians and the Florida Spanish. Under Genet's advice and assistance he formed a party in Georgia, called the Sans Culottes, based on hatred of the Spanish, and sympathy for the French control of the Spanish-American possessions. He was guilty of the grossest violations of neutrality and repeatedly attacked the Spanish posts. At the head of a band of adventurers with whom Georgia abounded, he invaded Florida and established a post on the St. Mary's River. This enterprise he was soon compelled to abandon. And with some measure of justice the Spanish minister complained that the American officials in that 1. For the Genet-Clarke correspondence see the Annual Report of the American Historical Association of 1896, Vol. I, page 930. 64 The Purchase of Florida quarter were in sympathy with these marauders, if they did not actively countenance and assist their plans. Clark had set an example which others of his ilk were not slow to follow, to the consternation of the Spanish authorities of that section. As an inducement and reward for his work he, together with George Rogers Clark, was commissioned a major general in the French service.^ The bold and unblushing manner in which Genet conducted his operations induced many to believe that he had at least the secret if not the open connivance of the federal government. - The French designs against Louisiana continued unabated even after Genet's recall. His work was not without its results, and, under his encouragement and advice, there were num- erous violations of Spanish sovereignty by American citi- zens. The Spanish representative, M. Jaudenes, repeatedly called the attention of this government to these matters in his correspondence in 1793 and 1794. At the close of 1793 the bitter warfare between Hamilton and Jefferson had reached a climax and upon the resignation of the latter, Edmund Randolph, the attorney general, was transferred to the state portfolio and to him fell the task of directing the Spanish negotiations. By midsummer of 1794 it had become clear to the administration that Spain was tired of the English treaty and sought an arrangement with France. It was felt that this might offer a good opportunity to win Spanish gratitude and a Spanish treaty by a friendly mediation in the quarrels from which Spain wished herself extricated. Apparently the time was not yet come for that. The danger of a Spanish-American war became more threatening. The spirit of Kentucky was growing daily more bitter and defiant, and the acts of the 1. 'See Boston Sentinel, Nov., 1793, Jan., 1794. Congressional Docu- ment's, ajid Vol. V, Domestic Letters, pp. 319-321, Jefferson to the Gov- ernor of Kentucky. 2. Vol. II, Instructions, p. 63, Randolph to Short, March 16, 1794. To the Treaty of IJQS 65 settlers more bold and warlike. The government dreaded each stage from the West, lest it bring news of some fresh overt act which would precipitate hostilities. For it was felt that at this time a declaration of war would mean a conflict, not alone with Spain, but also with her ally Great Britain. Writing in cipher to Short in August, 1794, Ran- dolph directed him to "counteract the impressions which the unlicensed violence of our Western citizens may make upon the Spanish court." Short was further directed "To ascertain as soon and as certainly as possible — "i. Whether Spain counts upon the Union of Great Britain in maintaing the exclusive right to the Mississippi ? "2. What overtures have passed between them on this subject? "3. Supposing the war with France to be settled, and the French Republic established, what douceur could Spain afford to England for entering into a war with the United States ? "4. Do the progress of the ardor for liberty and arm- ing of the Spanish peasantry develop no reason to apprehend a convulsion in Spain? "5. Will not the distress of the Spanish government for money compel them to such a resort to the people as will ■awaken the sense of their real efficacy in all governments and enable them to urge demands of reform, to which an indigent prince dependent upon his subjects for supplies, will always be exposed? "6. Is there any mode in which our influence with France could be used that would accomplish for us the navigation of the Mississippi? "7. In what parts and through what means is Spain most vulnerable in South America — and to what part are her suspicions directed? 6 66 The Purchase of Florida "8. What force by land or sea could she send to any- foreign country in case of war? "9. In what particular is it supposed in Spain that the United States if at war with her could be the most injurious to her? In short you perceive from these questions, that the mind is driven into an anticipation of a painful possi- bility and therefore whatever else belongs to this subject, although not comprehended in the above questions, you will be so good as to communicate. But notwithstanding these inquiries you may never hesitate to give the most unqualified assurances, that we deprecate the most distant interruption of our harmony."^ Spain now thoroughly weary of the unnatural alliance into which Godoy had been forced by popular clamor, sought a way to withdraw from a war more honorable to the bravery and patriotism of her troops than it had been successful. It was supposed that the relations between England and the United States were growing more hostile, and with France were improving under the able hand of Madison. In view of these circumstances the Spanish government made advances to France through the Ameri- can minister at Paris and took the necessary steps to resume direct negotiations with the United States, broken off by Carmichael's departure and the Spanish refusal to receive or recognize Short. On August 16, 1794, Jaudenes. in a commun- ication to the secretary of state, expressed his regrets that so little progress had been made in the negotiations between the two countries and stated that His Majesty desired to renew the negotiations, provided commissioners be sent who should have unrestricted powers for a general treaty and not be bound by secret instructions which would defeat it. The powers which had been given to Carmichael and Short 1. Edmund Randolph to Short, Aug. 18, 1794. To the Treaty of IJQS 67 were not ample, he complained; nor were those two com- missioners personally satisfactory. "The lack of decorum" and "well known misconceptions" of Carmichael were com- mented upon ; and the "want of circumspection in conduct" of Short had made him personally undesirable. A man of "character, conduct and splendor" was desired by the Span- ish government. By "character" was meant a "diplomatic grade invested with full powers for all objects;" by "con- duct," a "proper attention to the court and a proper behavior in the management of the negotiation;" by "splendor" a "personal dignity and self-respect." In short the rank of Carmichael and Short, both charges had not flattered the Spaniards. Nor was the idea of returning the same com- missioners wholly pleasing to them. In consequence of these intimations the president, in November, 1794, appoint- ed General Thomas Pinckney, then minister at the court of St. James, minister plenipotentiary with full powers to conclude a treaty with Spain. Thomas Jefiferson having been offered this special mission had declined. Pinckney did not however reach Madrid until the summer of the following year. The instructions to Pinckney sought to impress upon him the impatience and hostility of the Kentuckians and the necessity for a prompt determination of the Mississippi question. If Spain should refuse this, the United States, it was felt, ought to be immediately apprised of the fact, that they might prepare for the alternative of war. Yet Pinck- ney was warned not to give the Spanish minister any reason for supposing that we had determined upon hostilities, for, writes Randolph in a cipher dispatch, "if we break off in ill humor, we in some degree lose the choice of peace or war. If we show no symptom of ill temper we are not debarred from resorting to any expedient which we approve. It is not impossible too that in the settlement of peace with 68 The Purchase of Florida France some opportunity may be presented if we should be disappointed now. If any hint of this sort should be capable of improvement you will doubtless communicate your ideas to our minister at Paris. Our reputation with the French government is on a strong footing. It is of immense im- portance for us to know, if it can be ascertained, whether Great Britain is under no engagement to Spain, to support her in the retention of the Mississippi." ^ By this time a new question of dispute had arisen for diplomatic adjustment, or if that should fail, for the decision of the sword. The vessels of the United States were being constantly seized by Spain, as well as by others of the allied powers of Europe, upon the most frivolous and unwarrant- able pretexts. The seizure of one vessel in particular, the Dover cutter, had been the subject of continual diplomatic representations by this government to the Spanish officials. Built in Havre de Grace, it had been seized by a Spanish governor in the Western Islands for the use of the Spanish government, nor had any compensation been made for it. The complaint for this outrage had been forwarded to Madrid by Jay in the spring of 1786. Of late, more seizures had aroused the United States and to Pinckney was com- mitted the further question of the spoliation and vexation of our commerce and a full power given him to treat upon this as well as the other subjects. ^ These encroachments upon our commerce had been accompanied by further encroach- ments by the Spanish posts on the Mississippi River. Gov- ernor Guioso, the Spanish intendant, had recently estab- lished a fort at what was called Chickasaw Bluff — above the 35° of latitude. At this time, owing to the European complications, Spain feared a break with the United States, partly because 1. Vol. II, Instructions, p. 245, Randolph to Pinckney, Nov. 18, 1794. 2. Ihid., p. 294, Randolph to Thomas Pinckney, Dec. 25, 1794. To the Treaty of IJQS 69 of the entente cordiale existing between this country and France, and partly from fear of another war which, she felt, must multiply the misfortunes which she had suffered in her alliance with England, when the French armies had overrun her mountain districts and established themselves upon her soil. In fact Spain was desirous of an alliance with this country. 1 The three campaigns against France, after the English-Spanish alliance — more creditable to the valor of the Spanish troops than to their military ability — had been most unfortunate. The combination between the Castilian and the Saxon had been a forced one — of the head rather than the heart — without that sympathy and unity from which alone can come success. Randolph had said, "My conviction is (firm that the courts of Madrid and London are cordial in nothing but a hatred of the United States and a determination to harass them through the Indians." ^ But he might have added that they were no less cordial in their hatred of revolutions, especially of the French variety, for this it was that had induced the alliance. But, constantly humiliated on the field of battle, the Cas- tilian soon tired of an alliance with those for whom, with their mother's milk, they had imbibed a bitter hatred. They looked with fond eye toward the triumphant militarism of a people with whom they had always had much in common and to whom they were bound by the ties of gratitude and of blood. The internal changes in French politics opened the prospect of a more stable and conservative government for that country, and the peace of Basle (April 5, 1795) proclaimed the defection of Prussia, the keystone of the continental combination. In the meantime Spain, having deserted England, grew suspicious of her. She feared and suspected an Anglo-American arrangement. England, she 1. Vol. II, Instructions, p. S2, Pickering to Short, Aug. 31, 1795. 2. lUa., p. 185, Randolph to Monroe, Sept. 25, 1794. 70 The Purchase of Florida thought, was endeavoring to excite the United States against her, and she anticipated a concert of measures between these two powers against her American possessions. This sus- picion was founded upon the Jay treaty with England — the extent of which was not yet fully understood at Madrid — and was confirmed by letters from the Spanish charge d'affaires at Philadelphia. ^ This danger must be met by a Spanish-American treaty. Writing in March to our secretary of state Mr. Short said: "The rapid successes of the French armies in Holland — the desire of this court to find out some means of pacification ■ — the close friendship Tjetween the United States and France combme to show the importance of the present moment. The minister would willingly make use of me as the means of sounding the French government and ascertaining their dispositions as to peace — but the stumbling block of the unsettled state of our affairs with Spain constantly presents itself." ^ After Jay's treaty with England the whole diplomatic situation in respect to the Mississippi Valley was changed. The United States bought a peace with England by sacri- ficing the friendship of France. The possession of Louisiana offered to France the opportunity to injure England and render the United States more subservient to her policy. Fauchet was convinced that Louisiana would furnish France the best entrepot in North America for her commerce and raw material, and a market for her manufactures, a mon- opoly of the products of the Mississippi territories, and a means of pressure on the United States. He declared that unless a revolution occurred in Spanish policy the force of events would give Louisiana to the United States. It now became more than ever a cardinal point of French policy to secure this province from Spain. An active alliance with the United States was what 1.. Letters of Wm. Short No. 193, Vol. IV. 2. Wm. Short to Jefferson, March 3, 1795. To the Treaty of Ijg^ 71 Spain earnestly desired at this time, and she expected the new American envoy to be provided with powers and instructions to conclude an alliance as well as terminate the troublesome questions then pending. To secure this alliance, Spain was willing to pay a high price on other points. But the United States wisely declined to entangle themselves in the mad delirium of war by any such con- nection. 1 On the 22nd of July, 1795, a treaty was concluded between Spain and France. In return for this peace Spain ceded to the revolutionary republic the Spanish half of San Domingo. Humiliated and infuriated at this defection, England declared war upon her late friend. It was now rumored in Spain that England intended to take possession of a Spanish harbor, land an effective army, compel Spain to fight against France and to further attack the Spanish possessions in America. Ignorant of the Jay treaty, France earlier in the year sought to aid a Spanish-American con- ciliation, but nothing had come of this attempt. In midsummer, Thomas Pinckney at length reached Madrid, where, sent as he had been at the instance and invitation of the Spanish minister, he expected rapidly to conclude a treaty. The differences to be settled by the commissioners shaped themselves into three groups. First was the subject of commerce, but Spain refused to discuss this point despite Pinckney 's protest that the mission was of Spanish origin. The Spanish charge at Philadelphia had ex- pressly stated that Spain was "ready to treat upon the points of limits, Indians, commerce and whatever may conduce to the best friendship between the two countries." Pinckney therefore intimated that he had a right to expect an arrang-e- ment of the commercial interests of the two countries. But as the United States were not willing to force themselves into 1. Wm. Short to Jefferson, March 3, 1795. 72 The Purchase of Florida connection with a reluctant people, he would not press what he could not but consider his right. The second point concerned the navigation of the Mississippi. Spain, while admitting that its navigation should be free to both nations, objected to the arrangement suggested by the United States for a commercial depot at New Orleans. Spain further insisted that the language of the article conveying the right should be of a strictly exclu- sive character, restricting the navigation to the subjects of Spain and to the citizens of the United States. This, of course, could not be considered, as it would violate our treaty obligations to England, if not to France. As to the third point, that of reclamations, Spain insisted that all captures should be divided into two periods — the one preceding April 6, 1795, in which the rule of decision should be the maritime regulations of Spain then at war with France ; and the other, following that date, in which the decisions should be upon the usual grounds of international law. To such a division Pinckney positively and unequivocally refused his assent. Conformably with the traditional quibbling and procrastination of Castilian diplomacy, the negotiations dragged their weary course, varying only with the fluctuation of European and Spanish politics. Wearied and indignant at the apparent lack of faith and their persistence in maintaining their position, Pinckney at length demanded his passports on the 24th day of October. This show of spirit and determination on the part of the American envoy arouse.d the Spanish minister to the necessity of action. Having thrown herself into the arms of England 'she had been despoiled of her territories by the French armies. Now deserting her former mistress and cultivating a French amour, Britain had turned upon her and was driving her fleets off the sea. Dreading an Anglo- To the Treaty of IJQS 73 American alliance, or a separate declaration of war by the United States, badgered at all points and fearing greater humiliations, Spain consented to a compromise of the difficulties and at San. Lorenzo el Real, October 2'j, 1795, a treaty of friendship, limits, and navigation was signed in behalf of Spain by Godoy. This treaty was decidedly f avora:ble to the United States. It established as boundaries East and West Florida on the south and, above latitude 31°, the middle of the Mississippi River. Illegal captures made by Spain during her late war with France were compensated for, favorable rules were prescribed for neutral commerce, and Indian aggressions on either side, together with the arming of privateers, were discountenanced. But the chief diplomatic exploit was in gaining Spanish recognition of the right, so long and so strenuously asserted by the United States, to the free navigation of the Mississippi River ; to which was added a three years' privilege of deposit at the port of New Orleans, free of duty. Thus was paved the way for that magnificent internal commerce so soon to become fabulous in its value, which has made that river the m'ost crowded highway of domestic trade in the world. The claims com- mission provided for in the treaty met in Philadelphia, ter- minating their duties December 31, 1799, after having made awards to the amount of $325,440 on account of the Spanish spoliations. It is not unlikely that the conclusion of the Jay treaty with England strongly influenced Spain to agree to a treaty at this time. For our arrangement with Great Britain destroyed all hopes of a concerted action between Spain and that nation against our Western country. Since the treaty of 1783 Spanish agents in North America had made frequent advances to the Canadian authorities for a joint English and Spanish policy against the Americans, all of which 74 The Purchase of Florida found expression m the tortuous Indian relations they had pursued. The treaty of 1795 marked the first step in our terri- torial expansion. Jefiferson wrote as early as 1786, from Paris : "Our confederacy must be viewed as the nest from which all America, North and South, is to be peopled. We should take care, too, not .... to press too soon on the Spaniards. Those countries cannot be in better hands. My fear is that they are too feeble to hold them till our popu- lation can be sufficiently advanced to gain it from them piece by piece. The navigation of the Mississippi we must have. This is all we are as yet ready to receive." Voy- ageurs, like Brissot, had prophesied the secession of the West; Washington had dreaded it; Western leaders, Wil- kinson, Sevier, Robertson, Clark, Butler, ihad sold their services to secure it; and Spain and England had nego- tiated to that end. Had the United States failed to secure free navigation it would have withdrawn, and for the want of sea power to protect its commerce passing from the mouth of the Mississippi through the Gulf, it must have allied itself with a foreign power. Firmness rather than skill, determination rather than finesse, were required for the negotiation of the instrument. Political circumstances had compelled Spain to yield to the demands of the United States. She had made concessions which except for extraneous forces might have been post- poned for years. The treaty and the ministers who nego- tiated it were similarly applauded in both countries. As a recognition of his diplomatic success, Thomas Pinckney, on his return home, was named by the Federalists as the asso- ciate of Adams on the presidential ticket. The treaty of Basle and that with the United States were hailed by the corrupt court of Spain — one of the worst in her national To the Treaty of IJQS 75 history — as great triumphs, and Godoy as a reward received the title of Prince of Peace. ^ The country of Charles V. was at this time under the absolute rule of Godoy who, as a young lieutenant in the army, had become the paramour of the faithless queen and through her favor had been named prime minister. Under his regime the price of office had been such as to exclude men of any nobility either of mind or character — they Aver e the rewards of those willing to submit their wives and daughters to the embraces of this libertine. Miserable Spain, dishonored in the shame of her queen, and ruled by men the most contemptible, willing for paltry office thus to sell their own honor ! 1. In his memoirs Godoy felicitates himself on the American treaty and claims that he secured "unexpected advantag-es" though of what nature we cannot conjecture, for he virtually yielded all the demands of his adversary. CHAPTER III. Tut PURCHASE of IvOUISIANA. THE treaty of 1795 provided that the contracting parties should name commissioners to run the boundary line between Florida and the United States. As the American linesman was sent one Andrew EHicott, who immediately re- paired to the post of Natchez on the Mississippi. A vain man whose pretensions and bombastic manner made him an abject of ridicule, he reached the Spanish post with an idea that he was a sort of ambassador or envoy extraordinary rather than a mere astronomer or surveyor. Naturally irascible, his frequent toasts to the health of his country and himself scarcely tended to sweeten his disposition. In his imaginary capacity of a diplomat accredited, or commanding general on the field, he sent daily and often hourly letters and remonstrances to the Spanish governor, Gayoso. He proceeded to stir up trouble among the settlers of this region, though they are represented to have been thoroughly contented under the mild rule of the Spanish. For nominal fees they had received liberal grants of land. They had paid no taxes, had been exempt from military service, had been allowed free access to the market at New Orleans, and had been paid a liberal price for their tobacco. Prior to the advent of the meddlesome Ellicott and his tem- pest in a teapot, no discontent seems to have existed. ^ 1. Lowry's History of Mississippi, p. 148. The Purchase of Louisiana JJ By the second article of the treaty it was stipulated that the garrisons found to be above the line of demarcation — that of 31° latitude — should be withdrawn. The line had neither been run nor had the garrisons been withdrawn. Some of the Spanish posts were undoubtedly above this line — but their garrisons were not removed. In response to the American representations on this matter, the Spanish minister, D'Yrujo, replied : "It appears that the first operation ought to be to draw this line in order to know which were the garrisons which were to be withdrawn according to the article cited and although the Natchez and some other Spanish posts are probably situated above the said line of demarcation the formality and delicacy which one government owes to another required that Mr. EHicott should not pretend to take possession of the territory until the said demarcation should be made : and the more so as he had been informed officially that the Spanish engineer M. Guillemard was already on his way to fulfil this part of his commission. Mr. Elliott not attending to these just observations immediately, began to wound the feelings of the Spanish commander by hoisting the American flag on a territory before having jointly made the astronomical observation for ascertaining the course of the line. Not content with this he began to exercise an authority which was unlawful for the same reasons : to-wit, that of recruiting for the United States in a place which was then under the jurisdiction of the Spanish government. These imprudences which can admit of no excuse gave rise to a personal resentment from which there is little to hope with respect to harmony between the commissioners in the future." In a proclamation issued in 1797 by Carondolet, the governor of Louisiana, the delay in transferring the posts was excused because of an apprehended expedition by the yS The Purchase of Florida British from Canada: a belief that the advance of the American troops was with a hostile design of surprise, and in the expectation of an immediate rupture between France — the intimate ally of Spain — and the United States. The United States should either leave the posts in the hands of Spain, the proclamation declared, or secure her against an article of the British treaty which exposed them to be pillaged. Probably the real reason for this delay was the expecta- tion of a breach between France and the United States wihich might furnish an excuse for the non-fulfillment of the treaty. There is little doubt that Spain, then under the influence of France, either to protect her own possessions or with a view of ceding them to that nation, had determined to defeat the execution of the treaty. At New Orleans it was confidently believed that the French would soon own Louisiana and the Floridas. But Spain was not yet ready to cede them ; her present purpose was to alienate the Western country from the Union and establish over it a government under her own influence. Considerable trouble in regard to the delivery of the posts was occasioned by the uncertainty as to the meaning of the treaty provisions therefor. The United States contended that they should be delivered in the condition in v/hich they then stood while Carondolet insisted that it could never have been the intention of his Catholic Majesty to deliver up any fortifications on which he had expended great sums of money and which through political vicissitudes might perhaps be one day prejudicial to his subjects. ^ Ellicott felt called upon to secure them by force or strategy. Governor Gay- oso having discovered these hostile intentions of the engin- eer, minister plenipotentiary and ambassador extraordi- 1. Letters to iSecretary of State, Vol. I, p. 1. D'Yrujo to Secre- tary of State, Jan., 1797. The Purchase of Louisiana 79 nary, took such measures for the defense of the fort at Natchez as to foil any attempt to capture it by surprise. However much the treaty of 1795 may have been ap- plauded by both parties as a diplomatic victory, the cor- respondence of the ensuing years shows how utterly it had failed to smooth the ruffled waters. The Chevalier d'Yrujo repeatedly complained to Pickering of the violation of Span- ish territory by the inhabitants of Georgia. Slaves had escaped from their masters and, reaching the border, had found safety in the wilds of Spanish Florida. Failing to secure their return by peaceable methods the Georgia settlers had taken the matter in their own hands and recaptured the fugitives in joyful contempt of all restraints of international law. ^ In the meantime England and Spain, recent allies, had become embroiled in a war whose echoes were heard on this continent. With a view to attacking the Spanish pos- sessions in the Floridas, overtures were made by the English to General Elijah Clarke of Georgia, whose intrigues against these same regions we have already noted. The Spanish minister further took occasion to complain to our secre- tary of state of aid given by officials in those regions to some measures set on foot by the British to attack Amelia Island. 2 In June of this year (1797), President Adams sent a communication to the senate complaining that the Spanish in Louisiana were interfering with the demarcation of the boundary line. Feeling had become so strong on this ques- tion that war was feared. As a justification or an excuse for not giving up the posts on the Mississippi, D'Yrujo advanced the clause in the Jay treaty with England giving that power certain rights and privileges on this waterway 1. Domestic Letters, Vol. X, p. 13. 2. imd., pp. 35-57. So The Purchase of Florida inconsistent with and even in violation of the provisions of the Spanish treaty which undertook to confine the nav- igation to the United States and to Spain. ^ It was evident that the Spanish would use force, if necessary, to prevent our making an establishment at Natchez — one of the posts in dispute about forty miles north of 31° latitude. Added to these difficulties were the still troublesome Indian questions. In answer to the Amer- ican claims that the Spanish officials were inciting the In- dians in the southwest, D'Yrujo made the counter-claim that the Americans were really inciting the redskins in the hope that under the cover of an Indian war they could seize more land and possibly capture some of the Spanish territory. The correspondence, diplomatic more in name than in fact, rapidly grew bitter and acrimonious, each party to it insin- uating that the other was guilty of misrepresentation. 2 Pickering, whose manner of conducting such a correspon- dence partook more of the- nature of the cross sword with its heavy swinging blow than the rapier with its keen, grace- ful thrust, was scarcely the equal of the skillful and diplo- matic D'Yrujo, who was particularly fitted for such contest though later guilty of grave indiscretions. Among the papers transmitted to congress by the pres- ident was a letter connecting Colonel William Blount, a senator from Tennessee, with an attempt to incite the In- dians of that section for the purpose of forwarding a scheme for invading the Spanish territories with the connivance and assistance of the British. Upon the basis of this letter, the house of representatives presented articles of impeach- ment. In brief, Blount's scheme was to transfer New Orleans and the neighboring districts to the British by means of a joint expedition, England to furnish a naval force, and a 1. Domestic Letters, Vol. X, pp. 58, 77, Sis. i2. Jbid., pp. 111-134. The Purchase of Louisiana 8 1 co-operating force of backwoodsmen and Indians to be raised on the western frontier of the United States. Heavily involved in land speculations in Tennessee and wishing to organize an English company for the purchase of his prop- erty, Blount dreaded the consequences of a transfer to the French, a military and not a commercial nation, of the outlet of the Mississippi. He believed that it would be for the best interests of the Western people, as well as for his own personal benefit as a land speculator, that Louisiana should pass into the possession of the English. As it was too late for a trial at that session, the senator was meanwhile sequestered from his seat. In December, 1798, when Congress assembled for the third and final ses- sion, the senate, after this long delay, resolved itself into a high court of impeachment to try the alleged conspirator for high treason. Meanwhile, having been elected to the state senate of Tennessee and chosen its president, Blount declined to appear in person before the United States sen- ate to answer the charges in the articles of impeachment. His counsel, for he had taken the precaution of being repre- sented, pleaded to the jurisdiction of the senate court on two grounds : (i) That senators are not "officers," who, in the meaning of the constitution of the United States, were liable to impeachment. (2) That, having been expelled from that body. Col- onel Blount was not now subject to trial even as a sen- ator. This plea to the jurisdiction was sustained by the sen- ate, though it is difficult to state whether on one or both of the grounds alleged. Suffice it to say that, unfortunately, the case was never reviewed and decided on its merits and thus by a legal technicality ended the first as did most of the later federal impeachment trials. The historian must la- 82 The Purchase of Florida ment this termination of a proceeding which, had it been carried through, would have resolved the questions then in dispute with Spain and left to future generations some light on the murky intrigues which w.ere so frequent at that time and in that section. To the layman an acquittal on a technicality, then as now, was an added proof of the defen- dant's guilt. Else why should he not rather court than flee from an investigation which would exonerate and re- move all stain or doubt? Colonel Blount, notwithstanding this somewhat undignified termination of his senatorial career, became a popular leader in his own state where what was looked upon as a martyrdom for a popular cause en- deared him to the hearts of his fellow people. D'Yrujo sought to justify the action of the Spanish officials in Louisiana in refusing to deliver up the posts along the Mississippi and in resisting a present survey of the boun- dary line upon the very basis which had been disclosed in Senator Blount's letter — that of hostile intrigues against Florida and Louisiana aided by Great Britain. Spain sin- cerely apprehended that if the Natchez and other Mississippi posts were evacuated a clear road would be opened for the British into Louisiana. This representation upon the part of D'Yrujo seemed to Pickering but a miserable sub- terfuge of Spanish policy. We were not likely to submit patiently at the hands of that country to the indignities we had suffered from England when she, pursuing what ap- peared to be a similar policy in defiance of treaty obliga- tions, had maintained for four years a series of forts upon our northern frontier. But the revelations of Blount's letter bearing out the accusations of a British intrigue against Florida justified Spain not only in her refusal to surrender these posts but in actually strengthening her fortifications in that territory as well as in Louisiana and along the Mis- sissippi — as a measure of defense in short. The Purchase of Louisiana 83 With more of childlike simplicity than diplomatic skill Pickering immediately turned the Spanish ambassador's let- ter over to Liston, the British minister, demanding an ex- planation with something of an intimation at the same time that D'Yrujo's accusations were not taken seriously by the United States. Liston admitted that certain individuals had proposed such a plan of action to him — ^that the English should invade Florida and the neighboring Spanish territory by sea and then rely upon the assistance and co-operation of American citizens — but that he and his government had refused to countenance the scheme for the reason that it would arouse the Indians and violate the neutrality of the United States. In view of the English record in inciting our northern Indians at this and later periods and her no- torious contempt for that American neutrality, for which she here professed such a respect, we are inclined to doubt the merit and veracity of England's reply, especially since Liston abruptly declined to furnish further particulars. But his denial suited our desires and so it was accepted. The Spanish minister, however, insisted upon his original accu- sations and rightfully took exception to Pickering's undiplo- matic method of approaching the English representative. D'Yrujo here foolishly resorted to a newspaper state- ment. Pickering retorted likewise through the agency of the press and sent copies of this letter to his political friends that they might rejoice with him in his undignified course. Fisher Ames, in a letter congratulating the secretary of state upon the merits of his published reply to "the little Don," wrote, "You have not left a whole bone in his skin." Picker- ing more than once expressed his contempt for "the Spanish puppy" to whom he constantly imputed dishonorable mo- tives. Without in any sense meaning to defend all of the actions of D'Yrujo, Pickering's attitude toward him, based mostly on prejudice and preconceived ideas, was unfair 84 The Purchase of Florida and conspicuously out of place, in one holding the office of secretary of state. While there exists no real opposing evi- dence to the truth of Liston's disclaimer, one of the letters in the published correspondence signed "Robert Liston," seems inconsistent with that minister's representations. The contrast between Pickering's contemptuous attitude toward D'Yrujo and his deferential manner toward Liston was most marked. D'Yrujo in the meantime received further information which confirmed him in his suspicions' of an English attack. This plan was to attack upper Louisiana and surprise the posts of St. Louis and New Madrid, by a descent of the Mississippi, through either the Fox or Ouisconsin or Illi- nois rivers or other parts of the territory of the United States, which the Americans were not in a position to de- fend. ^ Senator Blount's letter, the Spanish minister felt, vindicated him in his accusations and he hastened in the name of his Catholic Majesty to request for the suspended senator a satisfaction proportioned to so scandalous a crime and all the pains and punishments which the laws of the country dictate for such offenses.^ Nor was D'Yrujo's indig- nation soothed by Blount's acquittal upon the mere legal technicalities which his counsel were able to raise. At the same time the troublesome Ellicott and the American commander in that section, Percy Smith Pope, were engaged in an abortive attempt to stir up hostility to the Spanish about Natchez and the Nogales. ^ During this year D'Yrujo addressed a complaint to Pickering on the vio- lation of Spanish territory and a request for due reparation and punishment for the participants in what appeared to be a slave raid into Florida. As was natural along this na- 1. Vol. I, Foreign iMlnisters to Secretary of State. D'Yrujo to Sec- retary Pickering, March 2, 1797. 2. Ihid., D'Yrujo to Pickering, July 6, 1797. &. Vol. I, Domestic OLetters. Oayoso to Pope, June 13, 1797. The Purchase of Louisiana 85 tional boundary line, slaves constantly escaping- from their masters on either the one side or the other made their way into Florida or Georgia; these slaves had formerly been reciprocally delivered up to their rightful owners by the Georgia or Spanish officials and serious trouble thereby averted. On one occasion some five slaves escaping from their Spanish owners in Florida made their way into Georgia where the officials declined to surrender them and met with the reply that the governor of Florida would in the future decline to return any more escaping from the United States, This bit of reciprocity inspired by Georgia herself aroused much feeling and the settlers determined to take matters into their own hands. William Jones and John Knoll were the leaders in a particularly offensive raid to recapture fug- itive slaves. These repeated and contemptuous violations of her territory, arousing Spain to the real humiliation and helplessness of her situation, brought energetic protests from D'Yrujo. There is abundant proof that the preparations for this expedition were known and connived at by the people of Georgia and even by the American commandant of that region. Nor were Pickering's attacks the only onslaughts against which the Castilian minister was forced to contend. The year 1797 was for D'Yrujo full of untoward incidents and he must have fully realized what a thankless task it is to serve a master unpopular in the country to which he is accredited. The American press, especially at Philadelphia, subsidized by the different parties, had of late increased in malignity and bitterness. The Federalists largely patron- ized a paper known as Porcupine's Gazette, published by William Cobbett, an able but scurrilous writer who, in his effusions, frequently went under the euphonious name of "Peter Porcupine. "^ Ostensibly the mouthpiece of the ultra- 1. William Cobbett, a British journalist born in 1762, had in his younger days a strange career of romance and adventure, first in the 86 The Purchase of Florida Federalists, of whom Pickering was an excellent example, the paper served as a means of propagating British opinions of a deeper design. D'Yrujo having protested to the United States against the Jay treaty as hostile to his Catholic Majesty, Porcupine's Gazette proceeded to abuse him and his master in terms the most bitter and disgusting. In at least three different edi- tions of his paper during the month of July, in letters signed "Philip Fatio," D'Yrujo had been thus addressed. A few examples of the phrases found therein serve to show their general tenor and justify D'Yrujo's protests to our govern- ment. "Don de Yrujo was another Quixote." "It gives his story the lie." "The posts are never to be given up, the line is never to te run. No such things are intended." "But indeed what notions of honor can reasonably be ex- pected from the representative of a power who, for the sake of imaginary security, has deserted and treacherously turned his arms against his ally." ^ "From a tawny pelted nation which Americans have ever been taught to despise." "You are the only nation on earth who can vie with the French in perfidy and cruelty." ^ "But because I know it army and later in Paris. The anarchy and excesses of the Revolution drove him from France and he emigrated to Philadelphia. Here he advocated the Federalist cause in a newspaper which he set up. He also attacked Dr. Benjamin Rush for his system of treating yellow fever and other dangerous maladies by wholesale bleeding. Although Dr. Rush secured a verdict for $5,000, Cobbett succeeded in overthrow- ing this barbarous theory. In 1800 Cobbett returned to London and published the "Wtarks of Peter Porcupine" which had an immense sale. He soon became obnoxious to the government and was often prosecuted for libel. In one case he was fined £1000 and sentenced to Newgate for two years. In 1816 he established the "Twopenny Trash," which had so large a sale and so aroused the workingmen as to in- spire the active hostility of the government. After being forced to leave England for two years, he was elected to Parliament in 1832. He was the author of many books and with an extraordinary com- mand of English he established a reputation as a satirist second only to that of Swift and Junius. The inveterate foe of humbug and tyranny he nevertheless wrote with much justice and good sense. 1. Gtazeitte of July 14, 1797. 2. lUd., July 15. The Purchase of Louisiana 87 is your office to dress up the sweepings of Don Carlos' brains and render them less disgusting to public view." "In- stead of a stupid, vain, insolent, half Carmagnole, half don- like composition." "Your dear, natural, atheistical, cut- throat allies have sunk us almost to a level with yourselves: under their bare influence Americans are fast descending to that last degree of degeneration at which the Knights of Castile have already arrived." ^ With righteous indignation at this abused and abusive liberty of the press D'Yrujo requested that the author be properly punished. The attorney general laid the matter before the grand jury of the federal circuit court and Cob- bett was bound over. McKean, the able chief justice of Pennsylvania, whose daughter D'Yrujo shortly afterw'ards married, issued a warrant charging the editor with having published "certain infamous libels on the king of Spain, the Spanish nation and the Spanish minister." But such was the political condition of that time that no indictment was returned against the malefactor either in the federal or state courts, despite an able and effective charge by McKean upon the law of libel as applicable to the case at hand. As Cob- bett was already under bond to keep the peace, for hav- ing too freely indulged his desire for vituperation in former cases, his recognizance was declared forfeited. The incident scarcely served to expedite the settlement of the questions at issue and the memory of these insults long rankled in the mind of D'Yrujo. Surely a nation, even though the free- dom of the press be one of its vital principles, owes to for- eign representatives full protection against such base and unwarranted insults. By this time the United States was actively engaged in preparation for war with France. By a treaty of 1796 France and Spain had mutually guaranteed each other's 1. Gazette of July 19, 1797. 88 The Purchase of Florida territory in the Old and New World. With this as a basis, or more likely as an excuse, designs similar to those be- trayed by Blount's letter were being secretly considered by a group of ultra-Federalists of whom the secretary of state was at the head, though King and Hamilton were high in the councils. Our minister at London was to ap- proach the English government with the design as a mutual undertaking against the common enemies. In furtherance of this plan we find Pickering conducting the Spanish cor- respondence in such a manner as to invite or force a quar- rel, while he sought to promote an alliance with England. The complete project of these conspirators has never been understood by posterity, if indeed it ever reached the point where even its promoters were clear as to its provi- sions. But as a factor in the general scheme a joint expedi- tion under the surveillance of England and the United States was to be undertaken against the Spanish-American colonies to incite or enable them to throw off Spanish rule. Pitt had planned some such undertaking in the Anglo-Spanish crisis of 1790 and the present Spanish alliance with France now offered the opportunity for its trial. Miranda, a South American by birth, one of those soldiers of fortune of whom in that day there was a superabundance and who today are not unknown, secretly sought the ear of the English min- istry, using the well-known disaffection in the Spanish col- onies as an inducement. As was eminently fitting the Eng- lish were to furnish the navy, the United States the army. Following the traditional lines of such plots, a division of the spoils was agreed upon ere the scheme was hardly under way. The West Indies as a South American market for her manufactures, together with rights across the Isth- mus, was to be England's share, while to the United States was set apart the Floridas and all Spanish territory east of the Mississippi. It is impossible to state just how many of the Federalist leaders were in on the ground floor, so to The Purchase of Louisiana 89 speak, of this vast international bubble. Washington, we may be sure, was not. Adams had been approached by- Miranda himself, but gave little encouragement to the scheme, partly from his dislike for Hamilton, who was a leading figure. Robert G. Harper, of South Carolina, the administration leader in the house, was naturally in favor of the plan, for any anti-Spanish project readily found favor with the South at that time. In fact, in 1797, Harper had suggested both to congress and his constituents the idea that a conquest of the Mexicos and the Floridas ought to furnish a sufficient consideration for an Anglo-American league against the two Latin nations. But Harper, with his inability carefully to guard a secret, was not received into the innermost chaml^ers of the high temple of the plotters. Pickering and King were engaged in conferences on the subject before the departure of Pinckney and Marshall for France. Great Britain, realizing the dangers of her own isolation and the prospect of a French invasion, had given Liston sufficient powers to arrange such agreements with the United States. The "X. Y. Z." correspondence hav- ing been displayed to the anxious public, Pickering ap- proached Hamilton with a project for capturing Louisiana. ^ Having already, between April and August, received several letters from the leader, Miranda, Hamilton, carefully con- cealing their contents from his patron, Washington, forward- ed a reply to our minister at London to 'be delivered or de- 1. The French g-overnment, enraged with the United States be- cause of the Jay treaty and the election of the Federalist John Adams, resorted to depredations on American commerce, and ordered our minister to leave Paris. In an effort to arrange matters amicably, Adams sent to France a commission consisting of Charles Pinckney, John Marshall, and Elbridge Gerry, but the notably corrupt govern- ment refused to receive them. However emissaries from Talleyrand approached them secretly with the suggestion that if the United States should bribe certain members of the French government with liberal sums of money, the attacks upon American shipping would be stopped. These letters, signed "X. T. Z." have always been known as the "X. Y. Z. dispatches." 90 The Purchase of Florida stroyed at his discretion. The scheme was such as might cap- tivate and dazzle the brilliant Hamilton with his all-consum- ing thirst for military glory. The seducing panorama before his hungry eyes was the battlefield of South America where he might win an immortal halo, as the liberator of the Spanish colonies, the Washington of the South. Hamil- ton's answer approved the scheme, provided the United States should have the principal agency and furnish the en- tire land force in which event he, of course, would play the leading role. Hamilton declared, as early as 1793, that we must have the Floridas and Louisiana as soon as possible. Spain he considered a constant source of annoyance and he insisted that the sooner we drove her off the continent the better — and before Great Britain should expel her. To unite the American hemisphere in one great society of com- mon interests and common principles was his aim. Preparations were speedily completed across the water and in October Miranda wrote to Hamilton, "All is ready for your president to say the word." But the word was never said and one of the greatest men of whom we have either the memory or the tradition, sorrowfully but unv/ill- ingly saw slip from his hands what he felt to be the grand opportunity of his life. In fact Adams had not been initiated into the real secrets. He, like Washington, was to be grad- ually drawn into the net. In the last efforts of despair we find Hamilton later approaching Gunn and Otis on the sub- ject, loathe to be deprived of this opportunity for fame and glory. "Tempting objects are within our power," he writes to Otis, and even in June of. the following year we see him urging upon the reluctant members of Adams's official fam- ily the completion of our provisional land forces in the hope that some chance might yet secure these "tempting objects" to him. "Besides the eventual security against invasion," he argued as a reason for his contention, "we ought cer- The Purchase of Louisiana 91 tainly to look to the possession of the Floridas and Louis- iana, and we ought to squint at South America." Thus passes into oblivion a scheme at first apparently so pregnant with glory, but now so full of mystery and uncertainty. The whole matter seems to have been successfully hidden from Spain. ^ But new troubles were preparing for the unhappy D'Yrujo. Having been persuaded of the absolute liberty, or, more properly, license of the press in this country, the Span- ish minister proceeded to contribute to its columns and in one of the Philadelphia gazettes appeared D'Yrujo's last let- ter to the secretary of state, together with additional "de- famatory strictures" of the official in question. This indiscretion on the part of D'Yrujo, for such the Spanish secretary of state admitted it to be, resulted in a request to the Spanish government for his recall. More- over, the secretary of state complained that D'Yrujo's letters to him were "insulting and indiscreet." A letter was dis- patched to D'Yrujo from Spain informing him that his con- duct in the matter had been improper and was not approved at home. But that nation showed no desire to comply with our request for the recall of its faithful but possibly too ardent official. Various specious reasons were alleged for delay in the matter. The desire for a special letter from the president of the United States requesting D'Yrujo's recall, the impossibility or difficulty of finding a suitable person for the place, and stress of business preventing due considera- tion of the matter, were among the reasons cited for post- poning his recall. Humphreys, our minister to Spain, in a letter to the secretary of state, stated the real reason to be D'Yrujo's connection with certain leading men in Spain in the profits of an exclusive flour trade between the United States and the Spanish colonies and that his presence in 1. iSchouler's History of the United States, Vol. I, pp. 4i22-424, 4'38, 450. 92 The Purchase of Florida America was necessary to conduct that 'business. ^ The de- mand for D'Yrujo's recall seems to have been a part of Pick- ering's bellicose attitude toward that official in seeking to force a breach with Spain and promote an English alliance. But D'Yrujo remained and continued to represent his coun- try's interests and conduct the flour trade. In the summer of 1798 D'Yrujo addressed a note to Pickering complaining that an armed force of Americans consisting of about one thousand men with considerable artillery and a few armed boats were gathering in the dis- trict of Natchez. "I cannot avoid inquiring from you," he writes, "in what light is Spain to view this considerable col- lection of forces upon her frontiers." Pickering, with mock indignation, denied the existence of any such armaments and branded D'Yrujo's complaint as an excuse for delay in delivering up the posts. In fact, however, the posts had already been evacuated, the Spanish moving from Natchez March 30, 1798, and from the Walnut Hills (now Vicksburg), a few days later. During the v/inter of 1799 and 1800 D'Yrujo repeatedly complained of the preparations of an American adventurer, by the name of William Bowles, to commit hostilities against the Floridas by inciting the Indians within the limits of the United States — and requested the United States either to help capture him or expel him from their territories. In March, 1801, D'Yrujo wrote to Levi Lincoln, Pickering's successor, that certain letters of Bowles had been secured in- criminating several prominent citizens of Georgia in an attempt to incite the Indians. and settlers to war and under this cover attack the Spanish possessions. "It is now time," said D'Yrujo, "to restrain these unquiet spirits who, since the discovery of Blount's project, have been continually 1. Letters of David Humphreys, 1790-1801. MSS. State Dept., Aug 6, 1799. The Purchase of Louisiana 93 projecting plans of this nature," — apparently utterly uncon- scious of the fact that the late secretary of state and many Federalists high in the councils of the nation were among those of whom he wished made "an example of severity" that would perhaps "quell the turbulent spirit." In 1802 the Western country was thrown into a tur- moil of excitement by the news that the port of New Or- leans had been shut against the commerce of the United States from the ocean into the Mississippi and that the right of deposit had been prohibited, in direct and gross violation of the terms, as well as the spirit, of the treaty of 1795. James Madison, Jefferson's secretary of state, addressed a severe remonstrance upon the subject to D'Yrujo, requesting him to use his influence to have the order rescinded and notifying him that "the United States will claim indemnification for all losses occasioned to Amer- ican citizens through this matter." ^ At the same time our minister at Madrid was directed to present a strong protest to the Spanish ministry upon the subject. The port not having been opened in the spring of the following year, Madison addressed an even stronger com- munication to the Spanish minister. It was found that not only had the right of deposit been rescinded but that this had been followed by a "vigorous prohibition of the ordinary hospitalities between the citizens of the United States and the Spanish inhabitants." The season of the year hav- ing arrived when this outlet for the produce of the Western citizens became essential, D'Yrujo was requested to employ every expedient to hasten an adjustment of the wrong that had been done. That in this critical posture of things, a regard for the good faith of the Spanish sovereign and a prudent attention to the heavy indemnifications with which 1. Vol. XIV, Domestic Relations, p. 112. Madison to the Chevalier D'Yrujo, Nov. 25, 1802. 94 The Purchase of Florida the responsibility was threatened, demanded that D'Yrujo in- stantly "resort to such peremptory injunctions as may re- claim the intendant from his errors and by giving to the violated treaty its due effect, rescue from immediate danger the confidence and good neighborhood, which it is the inter- est of both nations to maintain." ^ The reason for this action upon the part of the intendant seems never to have been fully explained. At any rate D'Yrujo made no attempt to justify it, and the whole matter seems to have embar- rassed the Spanish minister who, however, sought to mollify the American wrath while waiting to see whether the order emanated from Madrid. The losses suffered by thus closing the port of New Orleans became a troublesome point of controversy in the ensuing Spanish negotiations. The Westerners were determined to regain the port even at the point of the sword and war must surely have followed had not the Spanish intendant soon opened the river, now choked with waiting vessels. It seems certain that the closing of the Mississippi and the port of New Orleans was the act of the intendant — that the governor of that province did not concur in it. In Feb- ruary of 1803, D'Yrujo, in a letter to the secretary of state, expressly disclaimed the act of that official both for him- self and the Spanish government. ^ Charles Pinckney, now minister at Madrid, was requested to present the matter strongly to the Spanish ministry and acquaint them with the feeling aroused among our Western citizens. "The Mississippi is to them everything," writes Madi- son. "It is the Hudson, the Delaware, the Potomac and all the navigable rivers of the Atlantic states, formed into one stream. The produce exported through that channel last year (1801) amounted to $1,622,672 from the districts of Kentucky and Mississippi only, and will probably be 1. Vol. XIV, Ekunestic Letters, Madison to D'Ynijo, March 10, 1803. 2. 'D'Yrujo to Secretary of State, Vol. I, Feb., 1803. The Purchase of Louisiana 95 fifty per cent more this year, from the whole Western coun- try. Kentucky alone has exported for the first half of this year (1802) $591,432 in value, a great part of which is now, or shortly will be, afloat for New Orleans and consequently exposed to the effects of this extraordinary exercise of power — should he (the intendant) prove as obstinate as he has been ignorant or wicked, nothing can temper the irritation and indignation of the Western country but a per- suasion that the energy of their own government will obtain the most ample redress." ^ In 1800 John Marshall, then secretary of state under President Adams, had requested Humphreys to lay before the court of Spain the protests of the United States for the spoliation of our commerce. "i. The capture of our merchant vessels by privateers manned in whole or in part by Spaniards and fitted out in Spanish ports. "2. The merchant vessels of the United States prose- cuting a peaceful and lawful commerce have been, when cap- tured and carried into the ports of Spain, condemned with their cargoes, as good prizes to the captors." ^ France, in her war against the United States, taking advantage of her domination of the peninsula, had fitted out privateers against American commerce in Spanish ports, and had there established courts for adjudging prizes. Humphreys was directed to make such representations to the court of Madrid as would put a stop to these irregular methods, and to insist on payment for all seizures in the past, as well as a convention for the adjustment and payment of these claims. The secretary further complained that Spain had not promptly and fairly met the awards under 1. Vol. VI, Instructions, MSS. State Dept., p. 62. Madison to Charles .Plnckney, Nov. 27, 1802. 2. Ihid., Vol. V, p. 358. John Marshall to David Humphreys, Sept. 8, 1800. 96 The Purchase of Florida the indemnity clause of the treaty of 1795. The illegal seizure of American vessels was continued "under pretext that Gibraltar is being blockaded." ^ Poor Spain, harassed on all sides in Europe and Amer- ica, bankrupt and bleeding, became, year by year, more deeply enmeshed in the toils by her ally, who did not hesi- tate to despoil friend and foe alike. A pretty question of international law is presented when we come to consider the liability of a country whose forms of law and instruments of government are made the tools of another country in prosecuting wars against enemies toward whom the first nation is neutral. Though Spain might be liable, the pen must note a sigh of regret as it sums up her unwilling crimes and records the judgment of impartial law against her. In the spring of 1802 Pinckney was requested to ar- range with Spain a convention for the payment of the claims of the United States, falling into several groups, viz : — 1. Those by capture of vessels. 2. Attachment of property of citizens of the United States by Spain for supposed breaches of her fiscal regula- tions. 3. Unjust and ruinous prosecutions against our citi- zens upon criminal allegations. 4. By the tender laws, whereby our citizens have been paid in a depreciated medium for specie contracts. ^ Pinckney was further directed to sound Spain upon a cession of New Orleans and the Floridas and, if that propo- sition did not meet with favor, to treat for the navigation of the Mobile, Chatahoochee and other rivers running through Florida, for the citizens of the United States, supporting our 1. Vol. IV, Instructions, MSS. State Dept. Madison to Pinckney, Oct. 25, 1801. 2. Ibid., p. 21. Madison to Pinckney, Feb. 5, ISO^. The Purchase of Louisiana 97 claim to that right by the same arguments put forward to secure the navigation of the Mississippi. ^ While unsuc- cessful in his diligent attempts to conclude an arrangement for the cession of the Floridas, Pinckney succeeded in se- curing a convention for the settlement of our various claims. This convention, concluded August 11, 1802, provided for the appointment of a board of five commissioners to adjust the claims "for indemnification of those who have sustained losses, damages, or injuries in conse- quence of the excesses of individuals of either nation dur- ing the late war contrary to the existing treaty or the laws of nations." Ratified by the president of the United States January 9, 1804, the Spanish persistently refused to ex- change ratifications until December, 1818, and as the con- vention was annulled by Article 10 of the treaty of 1819 it never went into effect. ^ With the delay in revoking the order of the intendant which closed the Mississippi, representations expressing the peculiar sensibility of the Western country poured into Washington. From every quarter of the nation came protestations that our rights of navigation and boundary must be maintained. The only difference related to the de- gree of patience which ought to be exercised during the appeal to friendly modes of address. The Western irrita- tion daily increased and many advocated an immediate re- dress by force of armis. The house of representatives passed a resolution explicitly declaring that the stipulated rights of the Mississippi would be inviolably maintained. The disposition of many members was to give to the resolu- tion a tone and complexion still stronger. ^ The dark clouds of war lowered, a storm seemed about to break. D'Yrujo, 1. Vol. VI, Instructions, p. 2 7. i2. Treaties and 'Conventions, 1S19, p. 1015. 3. Vol. VI, Instructions, MSS. Stete Dept., p. 70, Madison to Charles Pinckney, Jan. 10, 1803. 7 98 The Purchase of Florida still representing his government at Washington, called the attention of Madison to the reports that a certain Wilson with fellow conspirators was endeavoring to rouse the peo- ple of western Pennsylvania, and to arm a band of adven- turers with the hope that they would be joined by others of the western states in attacking Louisiana. He requested that these conspiracies be suppressed lest they lead to more serious difficulties, "whilst from the prudent measures of this government and the justice of the king, the most prompt and complete satisfaction may be expected for the impru- dent measure of the intendant of New Orleans." ^ We now come to treat of the first steps actually taken by the United States to secure a settlement of the trouble- some questions arising in the west and southwest by a cession of the territory in that section. As early as Feb- ruary, 1797, rumors had reached the ear of Pickering, of an agreement on the part of Spain and an earnest desire on the part of France for a transfer of Louisiana. In fact one of the French ministers in this country, Mr. Adet, had avowed to Mr. Randolph, the former secretary of state, that such was the wish of his government and that the ces- sion of Louisiana to France was a preliminary to be insisted on in a negotiation with Spain. France had sought in 1796 to secure Louisiana by offering to join Spain in the con- quest of Portugal. 2 There were obvious reasons why such a cession would be an object of grave solicitude to this country. The border and mouth of the Mississippi in the control of a virile, militant nation, strongly aggressive, was a different proposition, from possession by a weak monarchy out of whose palsied hand the rich prize must soon fall. Further, the French were at that period openly hos- tile to the United States and their power to work injury upon 1. Vol. I, Ministers to Secretary of State, D'Yrujo to Madison, Feto., 1803. 2. Vol. IV, Instructions to United iStates Ministers, p. 1. Pick- ering to David Humphreys, Feb. 1, 1797. The Purchase of Louisiana 99 this country if stationed at the mouth of the Mississippi, was unlimited. Humphreys at that date was directed to use cautiously every means within his power to prevent the proposed cession, by impressing upon Spain the great value of Louisiana and the necessity for her to retain possession of that province for the security of her other American dependencies. "The Floridas are mentioned as compre- hended in the cession to France," continued Pickering. "This is also highly interesting to the United States to pre- vent." ^ A year later Pickering wrote to Humphreys in a cipher dispatch that on very reliable information he under- stood "that the French government have been pressing that of Spain to cede Louisiana to France and that the pressure is so urgent as hardly to admit of longer resistance — and that if the former peremptorily demands the cession the lat- ter will not risk the consequences of a refusal." " It became a matter of much importance to know the terms of any such cession and to learn just what was com- prehended by it and whether New Orleans and the Floridas as well, had changed hands. Charles Pinckney, at Madrid, had been instructed to open negotiations for the transfer to this country of New Orleans and East and West Florida — ■ in short, all the Spanish dominions to the east of the Mis- sissippi River. Writing to the secretary of state in 1801 Pinckney said, "I believe it will be found that the Floridas are not included in the cession of Louisiana or considered so by Spain : New Orleans is, and it will remain for you to have the goodness to say whether I am to move further in this business or whether the Floridas will still be consid- ered as a desirable acquisition." ^ "I am moving with great caution," writes Pinckney, a 1. lUd. 2. Vol. IV, Instructions, p. 277, Pickering to Humphreys, April 19, 1798. 3. Vol. VI, United States Ministers to Secretary of State, Pinckney to Secretary of State, Nov. 19, 1801. lOO The Purchase of Florida few months later, "and preparing the best and most prob- able means of obtaining, if possible, the Floridas." ^ Signs were not wanting to show that Spain soon repented of the treaty by which she had thus parted with so vast a part of her colonial possessions. Uriquijo, the minister who had negotiated the treaty, had been retired in disgrace and the ntw minister sought to conclude an arrangement with France for its repurchase. But there were many reasons which united to make it doubtful whether we could push our negotiations to a successful issue. If the object of France was to obtain Louisiana in order to bridle the conduct of our Western country and hold a check over their commerce they would oppose any cession of Florida to us, for that ces- sion would defeat her real purpose. Further, France was herself most anxious to secure the Floridas, and the Span- ish ministry viewed with alarm a cession which would give. to this country ports on the Gulf of Mexico so near Cuba and their American possessions. France had persuaded Spain of the desirability of having that nation as a barrier between the United States and the Spanish colonies. The proposition for the cession of the Floridas tended to verify the French predictions. But there remained one hope — the bankrupt condition of the Spanish treasury — a purchase and sale held out some slight chance of success. ^ On March 24, 1802, Charles Pinckney, in a long and able letter formally addressed Don Pedro Ceval- los, the Spanish minister of state, on the subject of such a cession. The able and diplomatic presentation of the mat- ter is sufficient justification for a lengthy excerpt therefrom. "The extent of territory and uncommon rise and prog- ress of the United States within the last eighteen years can- 1. Vol. VI, United States Ministers to Secretary of State, Pinckney to Madison, Nov. 24, 1802. 2. Ihid., Pinckney to Madison, March 20, 1802. The Purchase of Louisiana loi not be unknown to your Excellency. In this time the increase of her inhabitants, commerce, strength and revenue have been such as are unequaled in the rise and settlement of any nation. It has, as it were by magic, placed a country, a short time since scarcely known, among the first in point of commerce, I may perhaps be warranted in saying that she is now the second or third commercial nation in the world. Above one-half of her territory is situated on the Mississippi and the rivers and waters running into it. This territory has been some time since divided into new states, some of w^hich are .already from their population become members of the American Government, and others already organized only await the short period of their attaining a certain num- ber of inhabitants to be admitted to participate in our leg- islative councils. Your Excellency must at once perceive that not only to the rights and interests but to the wants and convenience of so considerable and growing a portion of the American people, it is peculiarly the duty of their government to attend. To this portion of our citizens the first and greatest object is the free and secure navigation of the Mississippi and waters running into it. In order, how- ever, to secure still farther this right and to remove every possible danger of inconvenience or difference in opinion and to fix forever such a great natural boundary between the dominions of their good friend his Catholic Majesty and the United States .as will leave no possible room for differences hereafter with a nation for whom the United States cherish so much affection : The undersigned is ex- pressly charged by his government to open a negotiation with his Majesty for the purchase and cession of East and West Florida : and should the cession have finally taken place as is reported of that part of Louisiana lying on the east bank of the Mississippi, the undersigned in the name of his government most earnestly entreats to be informed of I02 The Purchase of Florida it officially in order that his government may be enabled to take the same friendly measures and make the same sincere and affectionate proposals to their good friend-s, the French Republic, for the small part of Louisiana on the east bank of the river as they now do to their good friend his Catholic Majesty for the Floridas. "In wishing this small increase of territory the United States have no object but that of securing the navigation of the only outlet so great a body of their citizens have for the produce of their labors and enterprise and of fixing so valuable and great a natural boundary between them and their neighbors. Their politics being those of peace and their pursuits agriculture and commerce, they wish to re- move forever all room or chance for differences on points so essential as the navigation of this river and its waters and their boundaries and good neighborhood with their present friends. "The enlightened councils of his Majesty having a perfect knowledge of the situation of this country, must at once see that these are the pressing but the only reasons. Our government being without ambition never wishing to extend its territory except in so singular a case as this and never having the least idea or desire to possess colonies or more territory than they own, except in this singular in- stance, they trust that his Majesty will, on this occasion, consent to the sale and transfer upon such reasonable terms as may be agreed upon by the two governments. ^ "They are emboldened to be hopeful of this, not only from the desire they believe his Majesty always possessed to oblige them, but also from the knowledge he has. that as colonies for production and advantage, the sterility of the soil of the Floridas and particularly the eastern, make 1. In the light of a century this is a naive and remarkable state- ment. The Purchase of Louisiana IG3 them a yearly loss to the Spanish government and if, as appears by the treaty lately published at Paris between France and Spain, Louisiana is finally ceded to the former, then certainly the retaining of the Floridas cannot be of much value to the latter In this proposition re- specting the sale of the two Floridas the undersigned is hopeful his Majesty will see nothing but the most earnest desire on the part of the United States to prevent forever any misunderstanding between them and their neighbors, on the subject of the right to navigiate the Mississippi, a right so essential to the great and growing territory of the United States, situated on its waters that its future com- merce, navigation and prosperity must entirely depend on its undisturbed exercise. A situation unequaled in any other part of the world where, perhaps, it will be difficult to find so vast a country altogether depending on the out- let of a single river. The United States fear that if at any future period the government or governments which may possess the banks on both sides of its mouth should unhappily, from mistaken views, become disposed to dis- turb their right that it may be the means of kindling flames the extent and consequences of which cannot at present be foreseen, or the manner in which they may afifect the powers having the most important possessions in that quarter of the world. "It is for this reason and to preserve to all the blessing of tranquillity and undisturbed commerce that the United States, the sincere and firmly attached friends of his Majesty, wish to obtain from him a fair and friendly cession of the Floridas, or at least of West Florida, through which several of our rivers, particularly the important River Mobile, empty themselves into the sea, and from their good friends, the French, such portion of Louisiana (if deeded to them) as will answer the important end the United States have in view on this subject, namely: the securing the navigation of I04 The Purchase of Florida a river with which and the streams running into it, more than five-eighths of the whole territory of the United States are watered, and on those terms of friendship and sound and Hberal policy which will be likely to ensure forever the attachment and tranquillity of the respective governments." ^ It became rumored in this country that Spain was about to disown the French treaty of cession. Should the cession fail for this or any other cause and Spain retain the title to New Orleans and the Floridas, Pinckney was directed to employ every effort to obtain an arrangement by which "the territory on the east side of the Mississippi including New Orleans may be ceded to the United States and the Mississippi made common boundary with a common use of its navigation for them and Spain." ^ For the sake of securing such a "precious acquisition to the United States as well as a natural and quiet boundary with Spain," Pinck- ney was directed besides the inducements suggested in his original instructions, to transmit a proposition of "guar- anty of her territory beyond the Mississippi as a condition of her ceding .... the territory including New Orleans on this side." ^ Meanwhile instructions were dispatched to Robert Liv- ingston, our minister at Paris, to undertake to dissuade France from her purpose of securing Louisiana, not know- ing whether the treaty of cession had definitely been con- cluded. But if the cession had already been made, Living- ston was directed to ascertain whether it included the Flor- idas as well as New Orleans, and if so, to learn the price at which these would be transferred to the United States. ^ 1. Vol. VI, Letters from Charles Pinckney to Don Pedro Cevallos, March 24, 180i2. 2. Vol. VI, Instructions, MSS. iState Dept., p. 40, Madison to Charles Pinckney, May 11, 1802. 3. lUd. 4. Ibid., p. 35, Madison to Robert R. Livingston, May 1, 1802. The Purchase of Louisiana 105 If it is possible "to obtain for the United States on convenient terms," writes Madison, "New Orleans and Flor- ida, the happiest of issues will be given to one of the most perplexing of occurrences." ^ The United States govern- ment seems to have definitely concluded that the Floridas were a part of the French cession but yet directed our min- ister at Madrid that, although at present the cession wished by this country must be an object of negotiation with the French government, the good disposition of Spain in rela- tion to it, must be cultivated, both as they may not be en- ■•drely disregarded by France, and as in the turn of events Spain might possibly be extricated from her engagements to France and again have the disposal of the territories in question. 2 While still pressing the subject of a cession to the United States, Pinckney was unable to secure an answer as to the ,sale from Cevallos, who employed the traditionally Spanish method of diplomacy, delay and procrastination. ^ At any rate, Pinckney was convinced that much more de- pended upon France than Spain, even if the Floridas had not been ceded to that nation. Priding themselves as they did upon the extent of their empire, Pinckney expected his proposition to fall upon deaf ears and, although not hopeful of success, felt greatly encouraged that the Spanish min- istry was willing to even receive the proposition. Livingston meanwhile, obedient to his instructions, had been pressing the matter with Talleyrand at Paris. "Flor- ida is not .... included in the cession," he reported to Madi- son. ^ And in November he writes, "I have obtained ac- curate information of the offer to Spain : it is either to sell them Parma for forty-eight million livres or to exchange it for Florida. You see by this the value they put on Florida. 1. Vol. VI, Instructions, p. 56, Madison to Livingston, Oct. 15, 1802. 2. Ibid., p. 52, Madison to Pinckney, July 26, 1802. 3. Pinckney's Letters, Pinckney to Madison, Aug. 30, 1802. 4. Letters of Robert Livingston to .United States, Nov. 2, 1802. io6 The Purchase of Florida I fear Spain will accede to their proposition." ^ In all his letters to Talleyrand, Living'ston speaks of the Floridas as entirely apart from Louisiana and containing the Mobile and Pensacola rivers. Jefferson now determined upon a special mission to se- cure a settlement of the difficulty and selected Monroe to be joined with Livingston in a commission extraordinary to treat at Paris and with Pinckney at Madrid. "The object of Monroe's instructions," writes Madison, "will be to pro- cure a cession of New Orleans and the Floridas to the United States and consequently the establishment of the Mississippi as the boundary between the United States and Louisiana." ^ In order to draw the French igovernment into the agreement, a sum of money was to constitute a part of the proposition, to which should be added such regulations of the commerce of that river, and the others emptying into the Gulf of Mexico, as ought to be satisfactory to France. From news recently received by Jefferson it was in- ferred that the French government was not averse to nego- tiating on the grounds suggested. And Livingston was cautioned to use the utmost care in repressing extravagant anticipations of the terms to be offered by the United States, particularly of the sum of money as a bonus. Speaking broadly it may be said that two considerations moved Napoleon in his purpose to sell Louisiana to the United States. First, the increasing jealousy between Great Britain and France and the known aversion of the former to seeing the mouth of the Mississippi in the hands of the latter and the imminence of a Franco-English war wherein England, with her superior navy, would promptly seize the province. In the second place the First Consul desired to build up a power on the western continent, which should 1. Letters of Robert Living'ston to United States, Nov. 14, 1802. 2. Vol. VI, Instructions, p. 71, Madison to Pinckney, Jan. 18, 1803. Ibid., p. 73, Madison to Livingston, Jan. 18, 1803. The Purchase of Louisiana 107 balance England and hold that nation in check. ^ Of lesser note but largely included in the considerations already named, was the state of things produced by the breach of our deposit at New Orleans ; the situation of the French islands, particularly the important island of San Domingo, and the unsettled posture of Europe. An order from the board of health of Spain for the exclusion of all vessels from the United States, at this juncture inspired a strong protest from the United States. This unreasonable order together with the closing of the port of New Orleans tended to bitterly increase the hostile feeling toward that nation. Again in February Pinckney addressed the Spanish secretary of state in a strong plea for a cession of the Floridas and New Orleans because, "The government of the United States from many cir- cum'Stances as well as from the conduct of the intendant feel themselves every day more convinced of the necessity of their having a permanent establishment on the Mississippi, convenient for the purposes of navigation and belonging solely to them. To obtain this they have authorized me to say that, should his Majesty be now inclined to sell to the United States his possessions on the east side of the River Mobile agreeably to the propositions inclosed, the United States will make to his Majesty, and I do now in their name, make the important offer of guaranteeing to him and his successors his Dominions beyond the Mississippi." His 1. It is commonly supposed that Bonaparte sold Louisiana for the purpose of raising money from the necessity of replenishing a depleted treasury. This is a mistake. It was a cardinal principle of Napoleon to make war support war. Pursuing this theory he resolved war into a game of loot, and he played the game well, robbing, pillaging, and practicing the most outrageous and extravagant extortions upon his fallen enemies. He virtually lived on plunder. It is true that at this time he was anticipating an extensive war and that money would be useful — yet that cannot be accurately considered as one of the principal motives that induced him to part with Louisiana. io8 The Purchase of Florida Majesty should consider well "the immense importance of this offer to the Spanish crown and to reflect how far it may- be in the power of any other nation to make an offer so truly valuable and precious as this is to Spain. One that the United States would never have made but from a con- viction of the indispensable necessity of their possessing a suitable establishment on this River and which this territory can alone furnish." ^ In a conference between these two officials held at the end of Alarch the Spanish minister informed Pinckney "that Louisiana had been ceded to the French including the town of New Orleans," a statement which by the ordinary rules of construction can only mean that Louisiana as ceded to France comprised the territory to the west of the Mississippi besides the city of New Orleans. This question became the subject of bitter dispute in later years. Spain realizing the danger of breaking with the United States and thus driving us to join England, the time for securing such a cession seemed most propitious. While our representatives were too late to prevent the cession oi Louisiana they were largely instrumental in saving the Flor- idas from going the same wa/. ^ The Chevalier d'Yrujo, in a letter to the secretary of state in the summer of 1803, definitely stated that Spain must decline to cede the Flori- das because to do so would excite complaints from Euro- pean maritime powers, that it would injure the reputation of his Catholic Majesty thus to dismember his states and because "this compliance would be offensive to France who was desirous of having the cession of the Floridas, offering advantageous terms : and nevertheless his Majesty did not accede to it notwithstanding the ties and considerations which unite us with that power." ^ 1. Vol. VI, Pinckney to Spanish Secretary of iState, Feb. 4, 1803. 2. Vol. VI, Letters of Charles Pinckney, April 12, 1803. 3. D'Yrujo to Madison, July 2, 1803. The Purchase of Louisiana 109 Cevallos, the Spanish minister, in a letter to Pinckney, similarly demurred to the proposition. "The system adop- ted by his Majesty," he writes, "not to dispossess himself of any portion 'of his states deprives him of the pleasure of assenting to the cessions which the United States wish to ohtain by purchase, as I have intimated for their infor- mation to the Marquis de Casa Yrujo. By the retroces- sion made to France of Louisiana, that power regains the said province with the limits it had saving the rights ac- quired by other powers. 'The United States can address themselves to the French government to negotiate the acqui- sition of territories which may suit their interest." ^ An analysis of the instructions to Livingston and Mon- roe discloses the views held by our government with regard to the desired cession and the French control of New Or- leans and Louisiana proper. Jefferson felt that there was "on the globe one single spot, the possessor of which is our natural and habitual enemy. It is New Orleans France placing herself in that door, assumes to us an attitude of defiance." The new master of the mouth of the Mississippi was not a person whom an eloquent dispatch could intimidate. Spain held Louisiana merely on sufferance and it could be obtained from her at any time we might care to force the issue. But Napoleon would not be content with a couple of trading posts in a territory which could easily be trans- formed into an empire. The object was to procure a ces- 1. Cevallos to Pinckney, May 4, 1803. "El sistema adoptado por S. M. de no desprenderse de porcion alguna de sus estados le priva del gusto de condescender a las cesiones que por compra quieren obtener los Estados Unidos segun tengo manifes- tado para intellgencia de estos al Marques de Casa Trujo. Por la retrocession hecha a la Francia de la Luisiana recotoro esta Potentia decha Provincia con los limites con que la tubo y salvos los derechos adquiridos por otras potencias. La de los Estados Unidos podra derigirse al Gubierno Francese para negociar la adquisicion de Ter- ritorias que convengas g, su interns." no The Purchase of Florida sion to the United States of "New Orleans and of West and East Florida or as much thereof as the actual proprietor can be prevailed on to part with." It was not clear just what France had acquired. It was understood that she had secured New Orleans, as part of Louisiana, and if the Floridas had not been included in the cession it was con- sidered not improbable that they had since been added to it. The danger of war with France was alluded to. If she held New Orleans, continued conflicts and hostilities were certain ; and in such an event the United States would ally herself with Great Britain. The low ebb of French finances might persuade that country of the desirability of making a sale. The motives of France in securing Louisi- ana were then discussed. 1. The eastern states favoring Great Britain, by hold- ing Louisiana and the key to the commerce of the Missis- sippi River, France might be able to command the interests and attachments of the western states and thus either also control the Atlantic or seduce the western states into a separate government and a close alliance with herself. 2. The advancement of the commerce of France by an establishment on the Mississippi. 3. A further object with France might be the forma- tion of a colonial establishment having a convenient relation to her West India Islands and forming an independent source of supplies for them. The cession of the Floridas was particularly to be desired as obviating serious contro- versies that would otherwise grow out of the regulations, however liberal, which she might establish at the mouths of those rivers. The right of navigation to those rivers was indispensable to procure the proper outlets to foreign markets ; this was a claim so natural, so reasonable, and so essential tliat it must take place and in prudence ought to The Purchase of Louisiana in be amicably and effectually adjusted without further delay. In a plan of treaty embodied in the instructions the first article read : "France cedes to the United States forever the territory east of the River Mississippi, comprehending the two Flor- idas, the Island of New Orleans, and the islands lying to the north and east of that channel of the said river which is commonly called the South Pass, together with all such other islands as appertain to either East or West Florida, France reserving to herself all her territory on the west side of the Mississippi." The commissioners were author- ized as the highest price to offer fifty million livres tournois, about $9,250,000, this sum to be applied to the claims of the citizens of the United States and the remainder to be paid to France. This price was to be the consideration for the cession of "the Island of New Orleans and both the Floridas." But should France be willing to dispose of only some parts of those territories the commissioners were in- structed that "the Floridas together are estimated at one- fourth the value of the w'hole Island of New Orleans, and East Florida, at one-half that of West Florida." If France refused to cede the whole Island of New Orleans, the com- missioners were instructed to buy a place sufficient for a commercial town on the bank of the Mississippi and to secure suitable deposits at the mouths of the rivers passing from the United States through the Floridas, as well as the free navigation of those rivers by citizens of the United States. 1 By supplementary instructions the commissioners were authorized to treat with Great Britain for an alliance against France, if France should decline to treat with the United States. War seemed not unlikelv. For, if France denied 1. Vol. VI, Instructions, pp. 81-95. Madison to Livingston and Monroe, March 2, 1803. 112 The Purchase of Florida t'O this country the free navigation of the Mississippi, hostil- ities could not be avoided. ^ Our minister to Great Britain, Mr. King, had been informed by the British minister, Addington, that in the event of war between Great Britain and France, England would in all likelihood seize New Orleans. The commis- sioners were therefore directed in no event to guarantee to France the territory 'west of the Mississippi, as, should Great Britain conquer it, the United States would be placed in a most embarrassing position. ~ At the time the negotiations for the purchase of Louis- iana were closed, Barbe-Marbois, the French minister, orally stipulated that France would never possess the Floridas, that she would relinquish all her rights and would aid us to procure them. ^ Cevallos in an interview with Pinckney expressed the greatest surprise at the cession of Louisiana to this country, since France, in receiving it from Spain, had, promised never to part with it. The entire Spanish min- istry shared this feeling of chagrin and disappointment, real- izing how much better it would have been had Spain kept the colony and sold it directly to the United States. * The Duke of Parma, son-in-law of the king of Spain, was desirous of securing for himself the succession to the Grand Duchy of Tuscany that he might be raised to the dignity of king and have his dominions enlarged by the addition of Tuscany. France having promised these dis- tinctions and enlarged territory in Italy, Spain, by the treaty of San Ildefonso, October i, 1800, agreed to cede Louisiana which she had held for thirty-eight years. These terms of the treaty had not been carried out by France. 1. Vol. VI, Instructions, p. 113. Madison to Livingston and Mon- roe, April 18, 1803. 2. Vol. VI, Instructions, p. 131, Madison to Livingston and Monroe, May 28, 1803. 3. Livingston to Secretary of State, No. 74, April 13, 1803. 4. Vol. VI, Binckney to Secretary of State, June 12, 1803. The Purchase of Louisiana 113 She had also agreed to secure the recognition of Russia and Great Britain for the king of Tuscany. This she had not accomplished. Furthermore she 'had agreed never to alien- ate the province to any nation except Spain. On the fourth of September, 1803, and again on Sep- tember 27th and October 12th of the same year, D'Yrujo protested against the cession to this country on the ground that France could not, in consonance with the treaty, dispose of the province and, further, that the consideration for the cession between Spain and France had failed. There can and should be no other way to judge of the acts of a nation than by applying to them the same rules that we consult in passing judgment upon the acts of men. Let us frame a case in municipal law, fitting the conditions as nearly as possible to those which existed in the relations between Spain, France and the United States with regard to the Louisiana purchase. A enters into a contract to transfer to B a piece of property, in consideration of B's securing to him certain rights. B, 'however, does not perform his part and the consideration of the contract thus fails. The contract is thereby rendered void. B takes steps to transfer tlie prop- erty to C. A, learning of this, notifies C that B does not possess and cannot pass a good title. Even if C be a purchaser for value from B his title will not stand as against A. It is a rule of universal application that if a person acquiring either a legal or equitable estate has, at the time of acquisition, notice of an existing interest or estate in the subject matter possessed by a third party, he will be held to have acquired only such an interest or estate as the owner could honestly transfer. A court of competent juris- diction would, in the case supposed, not hesitate to restore full title and possession to A. Further let us suppose that B expressly contracts never to alienate the property except to retransfer it to A. Ignoring any irrelevant question, 114 -^^^ Purchase of Florida whi'ch might arise as to whether such a contract violated the rule against perpetuities or was in restraint of trade, A's rights would be enforced by the courts, and title and pos- session restored to him were B to alienate the property to a purchaser with notice. These were practically the conditions which existed in the history of the Louisiana acquisition. France had guar- anteed to Spain, as consideration for the transfer of Louis- iana to herself, to secure the recognition of the king of Tuscany by Great Britain and Russia. This France had not done, and the consideration having failed, the treaty was null and void. She had further agreed as part of the consideration never to alienate the province except to Spain. The United States was undoubtedly a purchaser with notice, for Spain on the fourth and twenty-seventh of September, and the twelfth of October, 1803, had served notice upon this country and protested against the sale. And fully as signifi- cant from the standpoint of municipal law is the fact that France, when she sold Louisiana to the United States, had not entered into possession, nor did she do so until December, 1803. If we might suppose the dreams of the theorists real- ized and a court of international jurisdiction established, Spain as a litigant, applying the principles of municipal law, could have secured a decree compelling the United States to restore Louisiana to her; or had she so desired, she might have sued France for the original consideration and accompanying damages. The United States would have had recourse on France to secure the return of the purchase price. The author cannot believe that there are any two rules of right, one for nations and another for men. Nowhere does our religion teach two systems of ethics, but only one unalterable code, applicable alike to individuals and to nations. The only way to justify many of our national acts is to insist that there exists one code of morals by which The Purchase of Louisiana 115 we shall judge of men and another by which we shall judge of nations. The answer of course is that all nations do the same — which is true to a large extent and also very dis- graceful. But custom does not make right or excuse wrong. Many writers claim that Spain was estopped from pro- testing against the transfer of Louisiana to the United States, by the letter of Cevallos to Pinckney of May 4, 1803, wherein the following statement occurs : "The United States can address themselves to the French government to negotiate the acquisition of territories which may suit their interest." In the first place was the letter anything but an effort on the part of Cevallos to 'be rid of a persistently importuning minister, feeling as he did that Spain was protected by her treaty with France? Further the letter was undoubtedly written when Cevallos still expected Na- poleon to carry out the stipulations of the treaty of San Ildefonso. Later it became clear that the treaty was null and void for want of mutuality, and then Spain served notice on the United States who could not be considered an innocent purchaser. A stronger nation, England for instance, would beyond doubt have appealed to the sword, but poor Spain, realizing her own helpleSiS position and the futility of stronger repre- sentations, could only protest. She knew she could do no rnore, she knew that a resort to arms could only increase her humiliation and her losses — and the United States knew it too and treated her protests with silent contempt — and Louisiana became ours. When we realize the helpless- ness of Spain buffeted and kicked around by first England and then France, and our boot was in it too, we see in fact how little chance there was for her to secure any redress. Had she been a more virile power, and less hampered by misfortunes, she might have considered our acquisition of Louisiana, in spite of her representations, a casus belli. The present time seemed most propitious for pushing ii6 The Purchase of Florida the Spanish g-overnment for a sale of the Floridas. War 'had been declared between Russia and France and there was every indication that by spring it would involve the entire continent. General Bournonville, the French am- bassador at Madrid, assured Pinckney that he had received directions from his government to promote a disposition in Spain to sell the Floridas to us. To French influence it was believed was due our failure to secure the coveted territory before. ^ "The Floridas are not included in the treaty, being, it appears, still held by Spain," wrote Madison to Pinckney. Although it was true that Spain had refused to alienate any part of her colonial possessions yet, "at the date of this refusal," continued the secretary of state, "it was probably unknown that the cession by France to the United States had been or would be made. This consideration with the kind of reasons given for the refusal and the situation of Spain resulting from the war between Great Britain and France lead to a calculation that at present there may be less repugnance to our views. . . . But considering the motives which Spain ought now to feel for making the arrangement easy and satisfactory, the certainty that the Floridas must at no distant period find a way into our hands, and the tax on our finances resulting from the purchase of Louisiana which makes a further purchase immediately less convenient, it may be hoped as it is to be wished that the bargain will be considerably cheapened." ^ Pinckney follow- ing instructions, continued to address overtures to Cevallos, dwelling on the danger that Florida, from her position, might cause a rupture between Spain and the United States ; that in reality the Floridas were a financial burden to Spain costing far more than they returned ; and that the United States desired them from no spirit of aggrandizement or 1. Vol. VI, Pinckney to Secretary of State, Aug. 30, 1803. 2. Vol. VI, Instructions, p. 135, Madison to Pinckney, July 29, 1803. The Purchase of Louisiana iij dictate of ambition but merely to fill out the boundary and insure against future disputes. Monroe after the close of the negotiations for the pur- chase of Louisiana proceeded to London rather than to Madrid, considering the time unfavorable for a Spanish treaty. The strong protest and ill humor of Spain due to the cession of Louisiana were the principal reasons against attempting, at that time, to procure from the Spanish gov- ernment the residuum of territory desired by the United States. Indeed Spain presented so bold a front at this juncture as to induce the belief that she had an under- standing with some powerful quarter of Europe. Writing to Pinckney, Madison discussed at some length the Spanish motives in opposing the transfer and the folly of such a course even if successful. In part he said: "If it be her aim to prevent the execution of the treaty between the United States and France in order to have for her neighbor the latter instead of the United States, it is not difficult to show that she mistakes the lesser for the greater danger against which she wishes to provide. Admitting, as she may possibly suppose, that Louisiana as a French colony would be less able as well as less disposed than the United States to encroach on her southern possessions and that it would be too much occupied with its own safety against the United States, to turn its force on the other side against her possessions, still it is obvious in the first place that in proportion to the want of power in the French compared with the power of the United States, the colony would be insufficient as a barrier against the United States, and in the next place, that the very security which she pro- vides would still be a source of the greatest of all dangers she has to apprehend. The collision between the United States and the French would lead to a contest in which Spain would of course be on the side of the latter ; and what becomes of Louisiana and the Spanish possessions be- yond it, in a contest between powers, so marshaled? An easy and certain victim to the fleets of Great Britain and the land armies of this country. A combination of these forces Ii8 The Purchase of Florida was always and justly dreaded by both Spain and France. It was the danger which led both into our Revolutionary war and as much inconsistency as weakness is chargeable on the projects of either which tend to reunite, for the purposes of war, the power which has been divided. France returning to her original policy has wisely, by her late treaty with the United States, obviated a danger which could not have been very remote. Spain will be equally wise in following the example and by acquiescing in an arrangement which guards against an early danger of controversy between the United States, first with France then with herself, and removes to a distant day the approximation of the American and Span- ish settlements, provides in the best possible manner for the security of the latter and for a lasting harmony with the United States. What is it that Spain dreads ? She dreads, it is presumed, the growing power of this country and the direction of it against her possessions within its reach. Can she annihilate this power? No. Can she sensibly retard its growth? No. Does not common prudence then advise her, to conciliate by every proof of friendship and confidence the good will of a nation whose power is formidable to her ; instead of yielding to the impulses of jealousy and adopt- ing obnoxious precautions, which can have no other effect than to bring on prematurely the whole weight of the calam- ity which she fears?" ^ L-ouisiana then having become, by the ratification of the French treaty, a part of the United States, steps were im- mediately taken for the transfer of the province to its new owner. Claiborne, the governor of the Mississippi territory, was named as "governor of Louisiana and commissioner to receive the province from the French representative." Re- cent occurrences, particularly the protests of the Spanish minister against the cession, made it necessary to provide for such a contingency as the refusal by the Spanish authorities at New Orleans to give up tlie country according to her engagements with France. It must be borne in mind that although Spain had ceded Louisiana to France in Octc^ber, 1. Vol. VI, Instructions, p. 149, Madison to Pinckney, Oct. 12, 1803. The Purchase of Louisiana 119 1800, she had never actually delivered possession of the province ; Spanish troops still manned the garrisons at New Orleans and Spanish grandees and nobles still dispensed law and justice in that city. Jefferson determined to be prepared for all emergencies and to make good our title even by employing force, an act of congress having duly author- ized this course. General Wilkinson was named as com- mander of these troops. The first question was whether our troops near New Orleans with the aid of well disposed inhabitants could dispossess the Spanish authorities. Gov- ernor Claiborne was instructed to communicate with M. L^aussat, the French envoy, whose sanction and co-operation were particularly desired. Should it be decided that a coup de main was necessary, General Wilkinson should not hesi- tate. His forces were to consist of the regular troops near at hand, as many of the militia as might be requisite, and could foe drawn from the Mississippi territory, and such volunteers from any quarter as could be picked up. To them would be added five hundred mounted militia from Tennessee who had been already requisitioned. In order to "add the effect of terror to the force of arms" word was given out that measures were in train for sending on from Kentucky and elsewhere a large force, sufficient to over- whelm all possible resistance. ^ At a conference between the Spanish and French offi- cials the method of transfer was agreed upon. With the Spanish troops drawn up in solemn procession, in the presence of a large concourse of people, the commissioners representing France and Spain played their parts. The French commissioner presented to the Spanish commissioner the order of the king of Spain for the surrender of the province, dated more than a year previous, and with this the order of Napoleon to receive possession in the name of 1. Vol. XIV, Domestic Letters, Madison to Governor Claiborne, Oct. 31, 1803. I20 The Purchase of Florida France. The Spanish governor then surrendered the keys of the city and with the lowering of the Spanish and the raising of the French colors, amid the booming of artillery the authority of King Charles gave way to that of Napoleon. For the brief space of twenty days, the French administered the province; then the formal delivery was made to the United States as, with bands playing and colors flying, the American troops marched into the city. Again the cannon boomed and again Louisiana had changed hands. For the crowd that witnessed the ceremonies on that twentieth day of December, 1803, Claiborne's promise that this transfer would be the last, fell on incredulous ears. Within a century, nay within the 'lifetime of men then living, Louisiana had six times changed rulers. Ninety-one years be- fore when but a thousand white men had ventured within her limits, Louis XIV had farmed Louisiana to Antoine Crozat, the merchant monopolist of his day. Crozat in 1717 made it over to John Law, director general of the Mississippi Company who, in 1731, surrendered it to Louis XV. By treaty in 1762 it passed to the king of Spain; and Spain by the treaty of San Ildefonso had re-ceded it to France, who in 1803 sold it to the United States. The general im- pression prevailed among the American emigrants who crossed the Mississippi while Louisiana still belonged to Spain, and as early as 1793-95, that shortly the country would be annexed to the United States. It had been the policy of Spain to encourage American emigration into up- per Louisiana. The distance to New Orleans was great and the intervening country was a vast wilderness penetrated only by a river difficult of navigation. The Spanish were in constant fear of a British and Indian invasion from Can- ada, and the Americans they knew to be naturally hostile to the British and thus ready to protect the , country. There was soon apparent in the city of New Orleans a strongly marked opposition to American sovereignty. The Purchase of Louisiana I2i This antipathy, strong among the people, was still further in- creased by the emissaries of the old regime. By the terms of the treaty, the Spanish troops continued to hold the barracks, the magazines and the hospital and daily mount guard in New Orleans. Meanwhile American soldiers oc- cupied redoubts about the city and in the tents along the marshes contracted poisonous fevers while their govern- ment at extravagant prices hired buildings for the storage of provisions, implements, tents, baggage and arms, powder and guns and hospital stores. Not until April, 1804, did the first detachment of three hundred Spanish troops depart for Pensacola. For more than a year the principal commissioners, the commissary of war, the paymaster and treasurer of the army, the late intendant, the revenue and custom house officials, surgeons, chaplains, regimental officers of every rank lin- gered in New Orleans and openly boasted of the day not far distant when the trans-Mississippi territory would again be Spanish territory. Though the Americans might insist that the cession was a permanent one, yet why these Spanish officials ? Was not their presence, so long after they should have departed or been ejected, proof that the recovery of the province was seriously contemplated ? So prevalent was this belief that many feared even to show a decent respect for the territorial government lest, when the retrocession s'hould come, they be made to suffer for their disloyalty. Much less could men be induced to accept office ; and when October arrived and the government was about to organize five of the legislative council, appointed by Jefiferson, refused to serve. CHAPTER IV. WKST li'LORIDA BETWEEN THE MOBILE AND THE MISSISSIPPI. FOR $15,000,000 the United States had purchased a province and a quarrel. In the early spring of 1804 congress passed an act, "For laying and collecting duties on Imports and Tonnage within the Territory ceded to the United States by Treaty of April 30, 1803, between the United States and the French Repub- lic, and for other purposes." The eleventh section of this act read : "And be it further enacted that the president be, and hereby is, authorized, whenever he shall deem it exped- ient to erect the Shores, Waters and Inlets of the Bay and River Mobile and of the other Rivers, Creeks, Inlets and Bays emptying into the Gulf of Mexico, east of the said River Mobile and west thereof to the Pascagoula, inclusive, into a separate District and to establish such place within the same, as he shall deem expedient, to be the Port of Entry and Delivery for such District and to designate such other Places within the same District not exceeding two, to be Ports of Delivery, only. Whenever such separate District shall be erected, a collector shall be appointed to reside at each of the Ports of Delivery which may be established, etc." The indignant D'Yrujo, Gazette in hand, penned in burning words a letter to Madison on what he had at first believed to be an "atrocious libel against the government of this country," but which he now unhesitatingly declared as "one of the greatest insults which one power can be guilty of West Florida 123 towards another" — words scarcely diplomatic but full of feeling withal. "How could I expect," he wrote, "that the American government which prides itself so much on its good faith, which is so zealous in the preservation and de- fense of' its own rights would have violated with all the solemnity of a legislative act those of the king,, my master, by usurping his sovereignty ? ^ . . . What would have been the sensations of the people of America if, soon after the treaty made by Spain with the United States, in the year 1795, by which the boundary line between the territory of the two powers was fixed at the 31° of latitude, the king, my master, had authorized any of his chief officers in Amer- ica to divide a part of Georgia into districts and to establish custom houses in various points of them, simply because it was imagined that the territory in which he chose to place them belonged to that portion which would remain to him according to the boundary line which had not then been drawn ? "The right which the United States arrogate of legis- lating in the territories mentioned in the said eleventii section is not better founded than would be that of his Catholic Majesty to have made laws in the former instance for a great part of Georgia. But even if the treaty of the thir- tieth of April had given any ground or appearance of found- ation for the establishment of such pretensions it v/as natur- al that the United States from a 'Sentiment of justice, of deli- cacy and of that decorum and respect which nations owe to each other, should have proceeded by the ordinary way of negotiation to clear up their doubts and to establish their conduct upon a basis which would not be in contradiction to their principles. "The congress however, so far from observing the established usages in cases of this nature, proceeds at once to a decision and not only authorizes the president to exe- 1. Vol. I, D'Trujo to Secretary of State, Marc)a 7, 1804. 124 -^^^ Purchase of Florida cute certain acts in West Florida which indisputably belongs to the king, my master, but expresses this in such vague and indefinite terms that the president may consider himself authorized by the said act to annex a part of East Florida to the district of which mention is made in the eleventh section and to place a collector of the customs in Apalache or Pensacola. . . . The authority given to the president is unlimited, east of the River Mobile, and comprehends indi- rectly the power of declaring or rather making war since it is not to be presumed ,that any nation will patiently permit another to make laws within its territories without its con- sent. "If the act on the part of the United States of legis- lating in the possessions enumerated in the above mentioned section be a real insult towards the king, my master, even if there could exist any doubts as to the true limits of Louis- iana acquired by the treaty of the thirtieth of April last, how much greater must that offense appear when there does not exist any well-founded reason by which the United States can establish any pretensions to West Florida." The right to West Florida and the merits of the respec- tive claims of the United States and Spain to that province have been an academic question for a century — even after its practical settlement by the treaty of 1819 — nor does the issue seem to have been satisfactorily determined, though one hundred years have rolled by since first it arose. It may be permissible then to take up and weigh the various arguments which have been presented, in an effort to reach the truth of the matter or rather to ascertain the merits of the case. When, under Washington, the matter was first broached, .the desideratum of this nation was the Floridas and New Orleans — the territory east of the Mississippi and south of our then southern boundary. And when Jefferson opened the negotiations with Napoleon for a purchase, it was not West Florida 125 the province of Louisiana but rather New Orleans and the Floridas that he wished to secure. The fact that Spain had not ceded the Floridas was only later known to the United States. The correspondence of Jefferson clearly shows that his idea was that hy securing New Orleans and the Floridas the United States would possess a well rounded national domain east of the Mississippi. Therefore, we must con- clude that Jefferson began the negotiation with the idea that the territory of West Florida extended to the Missis- sippi with 31° latitude for its northern boundary, as settled in the Spanish- American treaty of 1795. Had it been un- derstood that West Florida extended only to the Perdido, Jefferson should and would have given instructions to negotiate for the purchase of both Floridas, New Orleans and that part of Louisiana east of the Mississippi and be- tween that river and the Perdido. We will further recall that Napoleon made several unsuccessful attempts to persuade Spain to cede the Floridas to him after he had secured Louisiana by the treaty of San Ildefonso and a minister, General Bournonville, was sent to Madrid for that express purpose. Among other things the duchy of Parma was offered in exchange, but to the United States was attributed the failure of the negotiation. From the extent of the seacoast, 'the number of good har- bors and the situation of the Floridas, France, owning Louisiana, was anxious also to possess those provinces, ^ No definite limits had been stated in our treaty of pur- chase because they were not known. But the United States construed the treaty in the manner most favorable to itself — a disposition as natural among nations as among indi- viduals. At the time of the delivery of the province of Louis- iana at New Orleans, orders were obtained from the Spanish authorities for the delivery of all the posts on the west side' Vol. VI, Instructions, p. 226, Madison to Livingston, March 31, 1804. 126 The Purchase of Florida of the Mississippi as well as the island of New Orleans. With respect to the posts in West Florida orders for the delivery were neither offered to nor demanded by our commissioners. The defense of our side of the dispute together with a statement of our claims is clearly and succinctly given in a letter from Madison to Livingston. We can do no better than to quote therefrom at length. "This silence on the part of the executive was deemed eligible — first because it was foreseen that the demand would not only be rejected by the Spanish authority at New Orleans which had in an official publication limited the cession eastwardly by the Mississippi and the island ot New Orleans, but it was apprehended, as has turned out, that the French commissioner might not be ready to sup- port the demand and might even be disposed to second the Spanish opposition. Secondly because in the latter of these cases a serious check would be given to our title and in either of them a premature dilemma would result between an overt submission to the refusal and a resort to force. Thirdly because mere silence would be no bar to a plea at any time that a delivery of a part, particularly at the seat of government was a virtual delivery of the whole, whilst in the meantime, we could ascertain the views and claim the interposition of the French government and avail ourselves of that and any other favorable circum.stances for effecting an amicable adjustment of Spain. . . . "The territory ceded to the United States is described in the words following, 'the colony or province of Louisiana with the same extent that it now has in the hands of Spain, that it had when France possessed it and such as it ought to be according to the treaties subsequently passed between Spain and other states.' "In expounding this threefold description, the different forms used must be so understood as to give a meaning to each description, and to make the meaning of each coincide West Florida 127 with that of the others. The first form of description is a reference to the extent which Louisiana now has m. the hands of Spain. What is that extent as determined by its eastern Hmits? It is not denied that the Perdido was once the east Hmit of Louisiana. It is not denied that the terri- tory now possessed by Spain extends to the River Perdido. The River Perdido we say then is the Hmit to the east extent of the Louisiana ceded to the United States. "This construction gives an obvious and pertinent meaning to the term 'now' and to the expression 'in the hands of Spain/ which can be found in no other construc- tion. For a considerable time previous to the treaty of peace in 1783 between Great Britain and Spain, Louisiana as in the hands of Spain was Hmited eastwardly by the Mississippi, the Iberville, etc. The term 'now' fixes its extent as enlarged by that treaty in contradistinction to the more limited extent in which Spain held it prior to the treaty. "Again the expression 'in the hands or in the pos- session of Spain' fixes the same extent, because the expres- sion cannot relate to the extent which Spain by her internal regulations may have given to a particular district under the name of Louisiana, but evidently to the extent in which it was known to other nations, particularly to the nation in treaty with her, and in which it was, relatively to other nations, in her hands and not in the hands of any other nation. It would be absurd to consider the expression 'in the hands of Spain' as relating not to others but to herself and to her own regulations ; for the territory of Louisiana in her hands must be equally so and be the same whether formed into one or twenty districts or by whatever name or names it may be called by herself. "What may now be the extent of a provincial district under the name of Louisiana according to the municipal arrangements of the Spanish government is not perfectly 128 The Purchase of Florida known. It is at least questionable whether even these ar- rangements have not incorporated the portion of Louisiana acquired from Great Britain with the west portion before belonging to Spain, under the same provincial government. But whether such be the fact or not the construction of the treaty will be the same. The next form of description refers to the extent which Louisiana had when possessed by France. What is this extent? It will be admitted that for the whole period prior to the division of Louisiana between Spain and Great Britain in 1762-63 or at least from the adjustm.ent of boundary between France and Spain in 1719 to that event, Louisiana extended in the possession of France to the River Perdido. Had the meaning then of the; first description been less determinate and had France been in possession of Louisiana at any time with less extent than to the Perdido, a reference to this primitive and long con- tinued extent would be more natural and probable than to any other. But it happens that France never possessed Louisiana with less extent than to the Perdido ; because on the same day that she ceded a part to Spain the residue was ceded to Great Britain and (Consequently as long as she possessed Louisiana at all, she possessed it entire, that is in its extent to the Perdido. It is true that after the cession of West Louisiana to Spain in the year 1762-63, the actual delivery of the territory by France was delayed for several years, but it can never be supposed that a reference could be intended to this short period of delay during which France held that portion of Louisiana without the east por- tion, in the right of Spain only, not in her own right ; when in other words she held it .as the trustee of Spain ; and that a reference to such a possession for such a period should be intended rather than a reference to the long possession of the whole territory in her own acknowledged rig-ht prior to that period. "In the order of the French king in 1762 to Mons. West Florida 129 d'A'bbadia for the delivery of West Louisiana to Spain it is stated that the cession by France was on the third of November and the acceptance by Spain on the thirteenth of that month, leaving an interval of ten days. An anxiety to find a period during which Louisiana, as limited by the Mississippi and the Iberville, was held by France in her own right may possibly lead the Spanish government to seize the pretext into which this momentary interval may be converted. But it will be a mere pretext. In the first place it lis probable that the treaty of cession to Spain which is dated on the same day with that to Great Britain was like the latter a preliminary treaty, .consummated and confirmed by a definitive treaty bearing the same date with the definitive treaty including the cession to Great Brit- ain, in which case the time and effect oi each cession would be the same whether recurrence be had to the date of the preliminary or definitive treaties. In the next place the cession by France to Spain was essentially made, on the third of November, 1762, on which day, the same with that of the cession of Great Britain, the right passed from France. The acceptance by Spain ten days later, if nec- essary at all to perfect the deed, had relation to the date of the cession by France and must have the same effect and no other, as if Spain had signed the deed on the same day with France. This explanation which rests on the soundest principles, nullifies the interval of ten days so as to make the cessions to Great Britain and Spain simultan- eous, on tbe supposition that recurrence be had to the preliminary treaty and not the definitive treaty, and con- sequently establishes the fact that France at no time pos- sessed Louisiana with less extent than to the Perdido, the alienation and partition of the territory admitting no dis- tinction of time. In the last place, conceding even that during an interval of ten days, the right of Spain was incomplete and was in transition only from France or in 130 The Purchase of Florida another form of expression that the right remained in France subject to the eventual acceptance of Spain; is it possible to believe that a description which must be pre- sumed to aim at clearness and certainty, should refer for its purposes to so fugitive and equivocal a state of things, in preference to a state of things where the right and the possession of France were of long continuance and susceptible of neither doubt nor controversy? It is impossible. And consequently the only possible construc- tion which can be put on the second form of descrip- tion coincides with the only rational construction that can be put on the first, making Louisiana of the same extent, that is, to the River Perdido, both 'as in the hands of Spain and as France possessed it.' "The third and last description of Louisiana is in these words 'such as it ought to be according to the treaties sub- sequently passed between Spain and other states.' "This description may be considered as auxiliary to the two others and is conclusive as an argument for com- prehending within the cession of Spanish territory eastward of the Mississippi and the Iberville, for extending the cession to the River Perdido. The only treaties between Spain and other nations that affect the extent of Louisiana as being subsequent to the possession of it by France, are, first, the treaty in 1783 between Spain and Great Britain and secondly the treaty of 1795 between Spain and the United States. "The last of these treaties affects the extent of Louis- iana as in the hands of Spain by defining the northern boundary of that part of ■ it which lies east of the Mis- sissippi and the Iberville. And the first affects the extent of Louisiana by including in the cession from Great Britain to Spain the territory between that river and the Perdido; and by giving to Louisiana in consequence of that reunion and of the east and v^^est part, the same extent eastwardly West Florida 131 in the hands of Spain as it had when France possessed it. Louisiana then as it ought to be according to treaties of Spain su'bsequently to the possession by France, is lim- ited by the hne of demarkation settled with the United States and forming a northern boundary and is extended to the River Perdido as its east boundary. "This is not only the plain and necessary construc- tion of the words but is the only construction that can give a meaning to them. For they are without meaning on the supposition that Louisiana as in the hands of Spain is limited by the Mississippi and the Iberville. Include this part therefore, as we (Contend, within the extent of Louisiana, and a meaning is given to both as pertinent as it is important. Exclude this part, as Spain contends, from Louisiana and no treaties exist to which the refer- ence is applicable. This deduction cannot be evaded by pretending that the reference to subsequent treaties of Spain was meant to save the right of deposit and other rights stipulated to the commerce of the United States by the treaty of 1795 — first because, although that may be an incidental object of the reference to that treaty, as was signified by his Catholic Majesty to the government of the United States, yet the principal object of the reference is evidently the territorial extent of Louisiana; secondly be- cause the reference is to more than one treaty, to the treaty of 1783 as well as to that of 1795 and the treaty of 1783 can have no modifying effect whatever, rendering it ap- plicable, but on the supposition that Louisiana was con- sidered as extending east of the Mississippi and the Iber- ville, into the territory ceded by that treaty to Spain. "In fine the construction which we maintain gives to every part of the description of the territory ceded to the United States, a meaning clear in itself and in harmony with every other part, and is no less conformable to facts, than it is founded on the ordinary use and analogy of the 132 The Purchase of Florida expressions. The construction urged by Spain gives on the contrary a meaning to the first description which is inconsistent with the very terms of it; it prefers in the second a meaning that is impossible or absurd, and it takes from the last all meaning whatever. "In confirmation of the meaning which extends Louis- iana to the River Perdido, it may be regarded as most consistent with the object of the first consul in the cession obtained by him from Spain. Every appearance, every circumstance pronoun we were at peace maintaining a blockade of one of our ports and compelling our citizens to 246 The Purchase of Florida submit to search. For what principle was fought the war of 1812 ? In defense of what right did Jackson himself beat back the English at New Orleans? International law and American consistency were violated at the same stroke. In his forward march Jackson came upon a number of Indians engaged in the innocuous pursuit of "herding cattle." Upon these redskins an attack was ordered. Many were killed but some succeeded in escaping and fled to St. Marks. As Jackson understood his orders he was to pur- sue the Indians until he caught them wherever they might go. That Spanish rights were to be respected so far as was consistent with that purpose. That the Spanish ina- bility to police her own territory and maintain order therein was to be the justification of his course. His proceedings were based on two positive and arbitrary assurruptions. First that the Indians received aid and encouragement from St. Marks and Pensacola. That the Spanish denied this was of no matter to Jackson for his presumption had always been that every Spanish official was a consummate prevaricator. His second assumption was that Great Brit- ain kept paid emissaries in Florida hostile to the United States. This latter presumption, prevalent in the United States at that time, seems upon a careful consideration of the facts to have been wholly groundless. England had without doubt made some connection with the Indians during the late war and had encouraged them to believe that with the treaty of peace they would be reimbursed for their losses, but there is no evidence that after the termination of. the war she did not act in good faith. She promptly disavowed the acts of Colonel Nicholls and firmily refused to either aid or encourage the deputation of Indian chiefs that were shipped to London. But the inaccuracy of Jackson's as- sumption did not save the lives of two English subjects so unfortunate as to fall in the hands of that fire eating officer. Alexander Arbuthnot, a Scotchman seventy years of Jackson's War with the Seminoles 247 age, a man of considerable ability and education, had come to Florida in 181 7 attracted by the prospect of a flourishing Indian trade. He established as friendly relations as pos- sible with the Indians for his own security and advantage. By fairer treatment and more equitable prices he secured a large part of the Indian trade to the indignation and loss of an older firm who had habitually cheated and swindled the savages. He soon received from the Creek chief power of attorney to act for him in all affairs which concerned the tribe. At the request of the Indian chief, he wrote letters to the governor of the Bahamas, the British minister at Washington, to Colonel Nichol'ls at London, the governor of Florida, the officers comimanding the neighboring United States forts. General Mitchell and others. The treaty of Ghent had been violated, for the lands taken froim the Creeks by the treaty of Fort Jackson had not been restored. The Georgians were murdering and plundering the In- dians. The English government ought to send an agent to report upon the American course in Florida. Thus trad- ing with the redskins, by a mere chance he reached St. Marks in April of 1818. There, hearing for the first time of the approach of Jackson and the arrival of McKeever's fleet, he dispatched a letter to his son, in charge of his schooner lying at anchor in the Suwanee River below the towns of Boleck — and bade him hurry his goods to a place of safety, get them on the ship if possible and sail for Cedar Keys Bay. On April 6th, after having burned Fowltown where he found the redpole decorated with the scalps of a year's accumulation, Jackson halted near St. Marks and sent his aide-de-camp to demand admittance to the town. To pre- vent in the future such gross breaches of neutrality, as had characterized the past, Jackson informed the governor that it was necessary that St. Marks should be occupied and gar- risoned by United States troops and held until the termina- 248 The Purchase of Florida tion of the war. The Spanish officer in command, Don Francisco Casa y Luengo, replied that he would have to write for authority to admit the troops, to do so personally was beyond his power. This answer was delivered to Gen- eral Jackson on the morning of April 7th. He instantly re- plied by taking possession of the fort, replacing the Spanish flag with that of the United States, and quartering the American troops within the fortress. The governor could and did offer no resistance. He was forced to content him- self with a formal protest against such unusual and unwar- ranted proceedings. Arbuthnot was found within the fort, preparing to leave the town, and was promptly seized by order of General Jackson.' In the meantime Captain McKeever had captured two more prisoners of note. Violating all rules of national law and by a ruse as disgraceful as it was exceptional, Mc- Keever entered the bay with the English flag at his mast- head and thus lured on board his ship the Indian prophet Francis and his companion Himollemico — the latter the savage who had attacked Lieutenant Scott's expedition. These Indians, supposing the ship to be the one long looked for from England with supplies and munitions of war, had boarded her and upon being enticed into the cabin were ■seized and bound. The next day they were sent up to the fort and hung by Jackson's order. For the capture of St. Marks, history and investigation are unable to present an adequate justification. But we must stand aghast at Jackson's im- perial assumption of the dread prerogative of arbitrarily dooming men to death without a trial. The prophet Francis was an educated man of pleasing manners, humane dispo- sition, well versed in English and Spanish — indeed a model chief. Himollemico was the type of the cruel, morose, bloodthirsty savage, who probably richly deserved his fate, but no one has ever explained by what law or custom, ohserved in the service of the United States, they were put Jackson's War with the Seminoles 249 to death, when thus captured by an ignoble stratagem, not even on the field of battle, and without the bare formality of a trial of any sort. Jackson pushed on as rapidly as possible for Suwanee, the headquarters of Boleck ("Billy Bowlegs"), the Seminole chief, and the refuge of the troublesome negroes, half breeds, and fugitive slaves. Arbuthnot had a trading post here, and it was to this place that he had written the let- ter to his son directing him to remove the stock of goods. In the afternoon of April 17th Jackson, forming his army into three divisions, rushed on to overwhelm the village, but found it abandoned. Arbuthnot's warning to his son had been read to Bow- legs who was thus aible, with his women and children, to escape into the swamps, so inaccessible and so plentiful in that region. Jackson was baffled and, we need not be told, enraged. The town was burned. Nearby were taken prisoners an Englishman by the name of Robert Ambrister and three companions, two of them negroes, who, unaware of the course of events, had accidentally stumbled upon the American camp. On one of the negroes was found Arbuthnot's letter to his son. Froim Cook, the white man, it was learned that the letter had been read to Bowlegs and was responsible for the escape of the Indians and the, evacuation of the town. Am- brister was found to be an agent of Arbuthnot, with head- quarters on Arbuthnot's schooner then at the mouth of the Suwanee River. Lieutenant Gadsden was hastily dispatch- ed to capture the schooner. Jackson had considered Arbuthnot an English emissary. The escape of the In- dians enraged him and, we may say, bemuddled his mind. He now considered Ar^buthnot's letter an overt act of inter- ference in the war. The Seminole war was now ended. It had been con- temptible and meager in military results, but it was prolific 250 The Purchase of Florida in its surprising complications. On April 20th, the Georgia troops marched homeward to be disbanded. On the 24th General Mclntosih and his brigade of Indians were dismissed. On the 25th General Jackson with his Tennes- see militia and his regulars was again at Fort St. Marks. Having accepted the cession of West Florida to the United States, General Jackson further assumed the author- ity of constituting a provisional government for the con- quered province. He appointed one of his officers, Colonel King, civil and military governor. He extended the rev- enue laws of the United States over the country and ap- pointed another of his officers. Captain Gadsden, collector of the port of Pensacola, with authority to execute those laws. He declared what civil laws should be enforced and provided for the preservation of the archives as well as for the care and protection of what had been the property of the Spanish crown but which now, in the general's con- ception, had become the property of the United States. The war was over, but one more act of imperial au- thority remained to complete the cycle of Jackson's astound- ing conduct. At St. Marks was convened a "special court" of fourteen officers to try Ambrister and Arbuthnot and determine what punishment, if any, should be meted out to them. That they were not unceremoniously hanged or shot, as were the Indians, we must admit was a concession on the part of Jackson hardly to have been expected. Of all the tribunals convened to sit on cases, the court-martial is without doubt the least likely to dispense any measure of equity. To mete out vengeance rather than justice seems to be their purpose. The constituent memlbers are not selected by reason of any special fatness for their task or be- cause they possess in any measure the judicial qualities. And of all the iniquities which may be credited to this form of tribunal, it is doubtful whether any were ever more reprehensible than those perpetrated by the one which was Jackson's War with the Seminoles 251 convened that twenty-eighth of April, over which General Gaines presided and before which Arbuthnot was arraigned. Three charges were filed against the unfortunate Scotchman : 1. Inciting the Creeks to war against the United States. 2. Acting as a spy and supplying them with munitions of war. 3. Inciting the Indians to murder William Hambly and Edmund Doyle. The third charge was so absurd that it was twithdrawn after the court had determined that it possessed no jurisdic- tion in the matter. Such a violation of all known or accepted methods of procedure and rules of evidence has seldom been seen, in even the most arbitrary tribunals. There was no real evidence against Arbuthnot on any charge, that would stand in an ordinary court of law. His business and presence in Florida were open and obvious. He had, while using his influence and ability in behalf of the Indians, always advised them to peace and submission rather than to a course which he well knew would lead to their certain defeat and extinction. For his construction of the treaty of Ghent there is much to be said. Indeed diplo- matic measures were necessary to set it aside. As for his letter to his own son, written entirely in the line of his bus- iness, it could hardly be ground for censure though it did render Jackson's march of two hundred miles all but fruit- less. To the question, can traders be executed if their in- formation, not transmitted through the lines, frustrate mili- tary purposes, we imagine there can be but one answer. At any rate Arbuthnot was found guilty by a two-thirds vote of the court and sentenced to be hanged. Ambrister was tried on the charge of aiding and com- forting the enemy and waging war on the United States. He had no ostensible business in Florida — an adventurer 252 The Purchase of Florida in short. It was proved that he had come to Florida on "Woodbine's business," that he had captured Arbuthnot's schooner and plundered his store, that he had sent into New Providence for arms and that he had sent a party "to oppose" the American invasion. Ambrister made no formal defense but put himself on the mercy of the court. He was promptly pronounced guilty and sentenced to be shot. A member of the court, however, securing a reconsideration of the sentence, he was awarded fifty lashes on the bare back and confinement with ball and chain at hard labor for one year. In his orders of April 29th, Jackson, disapproving the revised sentence of Ambrister, ordered the first finding car- ried out. Accordingly Arbuthnot was hanged from the yard arm of his schooner, and Ambrister took his place as a target before an execution squad. Jackson had committed a murder all the more atrocious because done under the guise of legal form. Anbuthnot was executed upon the testimony of men who had the strongest interest in his conviction, and upon evidence of a nature which would not today be tolerated in any proceeding, crim- inal or civil, in any court of this country. The presiding officer of that court was the officer whose arrogant, unrea- soning treatment of the Fowltown Indians precipitated the war. And yet the war was concluded and the enemy crushed and obliterated before these two lives were sacri- ficed. Did the rules of war demand instant death ? Would it not have been the part of charity, nay of reason, to for- ward the case to Washington? With his dying breath Arbuthnot declared that his country would avenge his execution. Political reasons alone, we may /believe, prevented the fulfillment of the un- fortunate victim's prophecy. The executions produced the most intense indignation in England, and all Europe stood aghast. At an entertainmicnt given by the French ambas- Jackson s War with the Seminoles 253 •sador on July 30, 1818, the foreign ambassadors and min- isters crowded about our Mr. Rush in eager curiosity to know of this matter of Pensacola and of the probable war with Spain. That the whole affair smacked of hostilities, with either Spain or England or both, was the general im- pression. And to Europe long drunk with the mad Na- poleonic carnival of fire and slaughter another war would prove an object of unalloyed pleasure at least to those nations which might stand at the ringside, as it were, and be the spectators. After the kaleidoscopic metamorphoses which had marked the days of the great conqueror a few years of peace had greatly bored .the ennuye continent. The executions became the subject of parliamentary inquiry. The excitement was at fever heat. Stocks fell. The newspapers were particularly bitter in their denunciation of the United States and the offending general was addressed in their columns by the opprobrious names of "tyrant," "ruf- fian," and "murderer," and was placarded about the streets of London. "We can hardly believe that anything so offensive to public decorum could be admitted even in America" was the comment of one journal. After a full deliberation the cabinet however declared that the conduct of Arbuthnot and Ambrister had been unjustifiable, and did not therefore call for the special interference of Great Britain. And in the ensuing days of seething popular passion when war iwould have been certain "if the ministry had but held up a finger," the cabinet stood firm for peace. We may well believe with the traditional jealousy with which Great Britain has ever guarded the interests and the lives of her subjects that there was some ulterior motive which had determined Lord Castlereagh and his compeers in their decision. Since the termination of the Napoleonic wars and the second treaty of Paris England had become isolated and now 254 The Purchase of Florida stood alone against the continental powers. ^ To the United States only could she look for support against the reaction- ary doctrines promulgated in the holy alliance. For Eng- land to go to war with the United States would have left the European powers free to pursue their purposes without a single restraining force and would leave Great Britain without one ally to whom she might turn for either moral or material support in those principles for whose recognition she was then working. To declare war then .would be merely to accentuate her isolation and invite worse calamities. At any rate the inquiry was not pressed by England as all patriotic citizens must hope the United States would push a similar one. The two Indians who had been hanged had no friends to demand an explanation or reparation, but their execution was a most awkward thing to justify before the world. The Creeks were not a nation in contemplation of inter- national law — not the possessors of the soil on which they had lived and fought, because enjoying only what, by a suitable stretch of national ethics or morals, may be termed tihe right of temporary use or occupation, subject to the higher and ultimate title which vested in the nation. There had been no declaration of war, yet the Indians were not rebels against the United States and in the eyes of any but Jackson they possessed so^me belligerent rights. Though there never was any proof that anybody incited the Indians yet, whatever rights the redskins possessed, the Englishmen, even had they been complete allies, must have been entitled to. If the Indians were not to be slain like wild beasts or executed by court-martial for levying war on the United States, the Englishmen were done to death without legal or moral right. Learning that some five hundred hostile Indians were receiving friendly asylum at Pensacola, Jackson hurried 1. November 20, 1815. Jackson's War with the Seminoles 255 off to that place with a small detachment of regulars and militia. On his march he was met by a messenger from the governor of that town, protesting against his summary course and ordering him either to quit the province of West Florida or be prepared to meet force with force. If this notice was intended to overawe Jackson and induce him to withdraw it failed of its purpose most signally. It only aroused and excited him, and on May 24th he entered Pensacola without the slightest opposition beyond that of the quill. Capturing Fort Carios de Barrancas, whither the Spanish had retreated, and leaving a garrison of American troops, some five days later Jackson was marching homeward. On his way he learned of an attack by the Georgia militia on the villages of friendly and allied Indians. A fiery correspondence between Governor Rabun of Georgia and General Jackson ensued in which, though the general was undoubtedly right, he provoked anger and discord by his violent, impetuous manner where a temperate remon- strance, judiciously administered, would have better gained the object in view. ^ In the whole Florida campaign we have seen that prej- udice and assumption took the place of evidence and in- formation. Jackson's theory "of making the United States as uncomfortable a neighbor to Spain as he could," had borne fruit. His only regret was that when he took Pensa- cola he ''had not stormed the works, captured the governor, 1. The following is an atjstract rrom a sarcastic letter written by Governor Rabun to General Jackson, Sept. 1, lSil8 : "I hope you will now permit me in turn to recommend to you that before you undertake to prosecute another campaign you examine the orders of your superiors with more attention than usual Indeed, sir, we had expected that your presence at the head of an overwhelming force would have afforded complete protection to our bleeding and distressed frontier, but our prospect was only delusive, for it would seem that the laurels expected in Florida was the object that accelerated your march far more than the protection of the 'ignorant Georgians.' " Andrew Jackson IVIiSS., Congressional Library. 256 The Purchase of Florida put him on his trial for the murder of Stokes and his fam- ily, and hung him for the deed." ^ Thus terminated the Seminole war, insignificant and trivial in the forces Involved and the actual military operations. On the American side there were engaged about eighteen hundred whites and fifteen hundred friendly In- dians. Tihe hostile Indians numbered not more than about one thousand, of whom not over one half were at any one time before Jackson. What fighting there was, •was largely done by the allied Indians. They lost twenty men, the whites lost one man and the hostile Indians sixty. Yet this petty Indian campaign was one of the most preg- nant and important events in our national history. The Seminole war was soon made the subject of a congressional investigation. In both the house and the senate the question was sulbmitted to committees. That of the house presented two reports. The majority report con- demned the proceedings of the trial and execution of Ar- buthnot and Ambrister. The minority report declared that where there was much in the conduct of the campaign to praise, there was little to censure and when the incalculable benefits resulting to the nation were considered it was their sense that Jackson and his officers deserved the thanks of the nation. In due time the report of the majority was taken up in the committee of the whole and the resolution "That the house of representatives of the United States disapproves the proceedings in the trial and execution of Alexander Arbuth- not and Robert Ambrister" was debated. William C. Cobb of Georgia opened the discussion. He could conceive of no law, martial, municipal, or national, that had been violated by the luckless Englishmen. Martial law subjected spies to the death penalty. But although these men, or one of 1. For this remarkable statement see Jackson's letter to George W. Campbell, then minister to Russia, Parton's Jackson, Vol. II, p. 500. Jackson's War with the Seminoles 257 them, was accused of this, he was acquitted of the charge. Admitting the truth of the charges for which they were exe- cuted, yet they were not declared penal in any of the rules of war, neither were they declared to 'be the subject matters for trial before a court-martial. The evidence of papers not produced or accounted for, the belief of persons whose testimony of undoubted facts ought to have been suspected, hearsay, and that of Indians, negroes, and criminals who, had they been present, could not have been sworn, were all in- discriminately admitted and acted upon. Did not the reconsideration of the sentence in Am- brister's case render null and void the first decree of the court? Can it be said that there was any other sentence than the one last passed in the case? The whole proceeding on its very face manifested a cruelty that must excite the greatest disapprobation of all impartial men. In his official orders Jackson had justified the execution of Am- brister in these words — "It is an established principle of the law of nations that any individual of a nation making war against the citizens of another nation, they being at peace, forfeits his allegiance, and becomes an outlaw and a pirate." No one had ever heard or dreamed of such a rule of international law. Reason, propriety, justice, and humanity all cry aloud against such a principle. If Jack- son's statement stood unchallenged, LaFayette, De Kalb, Pulaski, Steuben, and the large host of foreigners who joined the standard of our fathers in the revolution, and with their life's blood baptized the infant nation, were "out- laws and pirates," and had they been captured were subject to trial by court-martial and sentence to an ignominious death. Jackson had usurped the power of congress to de- clare war. International law permits us to cross the lines in fresh pursuit of the enemy, but does not sanction razing forts, conducting sieges, receiving capitulations, mounting bat- 258 The Purchase of Florida teries, and granting terms of surrender to such places. The reasons for invading Florida were many of them ridiculous and such as, to say the most, are but causes of war. They may contain wrongs which demand redress but that through diplomatic channels, and not by any such methods as those employed by Jackson. A certain mystery appeared on the face of the documents which, Cobb declared, quite staggered him. The perfect confidence shown by Jackson in the cor- rectness of his proceedings, in which he had clearly violated what appeared to be his orders, seemed quite unaccountable and suggested something ulterior. Jackson did not attempt to excuse himself, did not seem to think he had overleaped his orders, and had neither apprehension nor fear as to the opinion that the executive might form of his proceedings. Did it not seem a suspicious circumstance that General Jackson had not been called to account for thus transcending his orders? Let it be admitted that Spain was too weak and had forfeited her right of sovereignty, yet to whom had it been forfeited and why to the. United States rather than to some other nation? Oobb took the occasion to declare that he was personally hostile to Spain and felt that that na- tion had done us many wrongs, but that his feelings upon that subject could not render him callous to the stain which Jackson had inflicted on our national honor. Let it be granted that a nation had broken a treaty, as we insisted Spain had done, is it usual for the commanding general to go in and inaugurate a war? Moreover Vattel, in his "Law of Nations," declares that a nation's breach of a treaty may be excused by the other nation especially, as in this case, when it proceeds from weakness. There existed no proofs of a warlike association between the Spanish and the Indians which would identify them as equally our ene- mies according to the definition given of this compact by international law. Had we been dealing with Great Britain instead of Spain, a virile instead of a weak nation, would Jackson's War with the Seminoles 259 we have proceeded in this manner ? Was Jackson's declara- tion that "St. Marks was necessary as a depot for the suc- cess of his future operations," in any sense a justification? Gibraltar mig-ht be the same if we contemplated an attack on the Barbary States. His feelings and dignity having been injured by the "insulting letter of the governor of Pensacola," Jackson "hesitated no longer and exposed the nation to war." "But sir," concluded Cobb, "I have dome with this disagreeable subject — I turn with disgust from this nauseous scene." In the course of his speech Cobb introduced three amendments ; one instructed the committee on military aflfairs to report a hill forbidding the execution of any captive of the army of the United States in time of peace, or in time of war with any Indian tribe unless the president approved. Another declared that the house of representa- tives disapproved of the seizure of St. Marks, Pensacola, and the Barrancas, as contrary to orders and the con- stitution. The third instructed the proper committee to frame a bill prohibiting United States troops marching into foreign territory unless ordered to do so by congress, or when in hot pursuit of an enemy beaten and flying- for refuge across the border. Holmes of Massachusetts then took up the cudgels in behalf of Jackson and was in turn followed by Henry Clay. Beginning with a disclaimer of all hostility to either Jack- son or the administration, this eloquent speaker launched forth in a wonderful oration. Strengthened by his perfect diction, vivified by his stirring appeals, and marked by his acute reasoning, apt illustrations, and glowing peroration, this effort strongly affected the house and won for its author the bitter and undying hatred of Jackson. For to the douglhty fighter those who approved his acts were his friends, those who criticised, his enemies, and that, too, whether or no any personal feeling was brought into the 260 Thi Purchase of Florida discussion of either law or fact. At any rate Clay was in opposition to the administration because he had not been aippointed secretary of state. His hostility is generally declared to have been factious, despite his disclaimer. There are some facts which lend color to the theory that Clay and Crawford had already begun to regard Jackson as a possible competitor for the presidency. Clay began his speech with a bitter denunciation of the treaty of Fort Jackson. He blushed with shame at the ignoble and unworthy ruse by which Francis and Himollem- ico were captured and the unceremonious manner in which they were executed, under the guise of retaliation for the crimes which had been committed by their followers. Even admitting the guilt of Arbuthnot and Ambrister he ridiculed and riddled Jackson's argument by which their execution had been justified. He likened their treatment to that ac- eorded by Napoleon to the Due d'Enghien, and found a duplicate for the seizure of Pensacola and St. Marks in the bombardment of Copenhagen and capture of the Danish fleet by England. To Jackson's statement that Arbuthnot and Ambrister had been legally condemned and justly pun- ished. Clay remarked, "The Lord preserve us from any such legal convictions and such legal condemnations." While acquitting Jackson of any intention of violating the laws, as he said. Clay accused him of seizing forts, usurping the exclusively congressional power of making war, and took occasion to warn the people against the military hero covered with glory. The eloquent Kentuckian closed with incomparable albility. "They m.ay bear dovv^n all opposition," he declared, "they may even vote the general public thanks. They may carry him triumphantly through this house. But if they do, in ray humble judgment, it will be the triumph of insubordination, a triumph of the military over the civil authority, a triumph over the powers of this house, a triumph over the constitution of the land. And I Jackson's War with the Seminoles 261 pray devotedly to heaven that it may not prove, in its ulti- mate effects and consequences, a triumph over the liberties of the people." Other speakers followed in much the same general strain. Jackson had committed an act of war. He him- self had said that the articles of capitulation of Pensacola, "with the exception of one article, amounted to a complete cession of the country to the United States." If this did not constitute war the speakers earnestly demanded a suit- able definition of that term. Granted, as Jackson's adher- ents claimed, that the law of nations authorizes retaliation, yet the same law says, "where severity is not absolutely necessary, clemency becomes a duty." The war against the Indians being at an end, where was the necessity ? Arbuth- not was punished upon the testimony of his admitted per- sonal enemies as the papers show. "The judgment of a court-martial is always under its own control," declares Macomb, "until it is communicated to the officer by whom it was convened." The final judgment of Ambrister was the only judgment of the court. And, by appointing the court- martial, Jackson was morally bound to accept its verdict. A notable example, they declared, of the maxim that when a man acquires power he forgets rights. It was even directly intimated that the court-martial was irregularly formed, and its verdict prepared beforehand. The treaty of Fort Jackson of 1814, came in for a bitter arraignment. In its terms it was most harsh and severe; it was made with a minority of the Creek chiefs who had remained either friendly or passive. There were at the time manifest signs of its disapproval by the majority of Indians. They were robbed of a large portion of their territory, and unromantic roads, trading houses, etc., were inflicted upon the portion left to them. Not a single hostile chief had either signed or acquiesced in the pact, which was declared to be quite like the most of our Indian treaties. 262 The Purchase of Florida According to the principles of international law, it is not permitted to cross a neutral line after an enemy, scat- tered and 'broken up, fleeing from death and destruction, as were the Seminoles, but only after one retreating with the idea of again renewing the attack. Vattel laid it down that "extreme necessity may even authorize the temporary seizure of a place (in a neutral country) and the putting a garrison therein, for defending itself against an enemy or preventing him in his designs of seizing this place when the sovereign is not able to defend it. But when the danger is over it must be immediately surrendered." Where was the necessity which had justified Jackson's course, the opposition demanded. After the Indians had been conquered, with whom was the general waging war? Not with Spain and not with the Indian tribes — because they had (been already subdued. Jackson's letter of the second of June to the secretary of war was bitterly denounced. It read in part : "The Seminole war may now be considered at a close, tranquillity again restored to the southern frontier of the United States, and as long as a cordon of military posts is maintained along the Gulf of Mexico, America has nothing to apprehend from either foreign or Indian hostilities. Captain Gadsden is in- structed to prepare a report on the necessary defenses of the country as far as the military reconnoissance will permit, accompanied with plans of the existing works ; what addi- tions or improvements are necessary, and what new works should in his opinion be erected to give permanent security to this important territorial addition to our republic." Un- sparing were the terms in which this report was character- ized. But Jackson was not without his defenders. Johnson, Tallmadge, Poindexter, Alexander Sm}i:h of Virginia, and Barbour ably met the onslaught of his detractors. They tore to pieces the speech of Clay, they quoted Vattel and Jackson s War with the Seminoles 263 Martens in support of their hero. They enumerated pre- cedents in our own national history which vindicated the de- fendant. Yet after nearly a century Jackson's conduct stands out in bold relief, while their alleged precedents have paled into O'blivion. The case of Major Andre and the conduct of Washington were cited repeatedly as though there could have been any real analogy between the conduct of the un- fortunate Englishman of our revolutionary days and that of his equally unfortunate countrymen of later date. For twenty-seven days, without interruption, and to the exclusion of all business, flowed this stream of oratory. No attack upon any public man up to that time had so inter- ested and aroused the country. The sensations at the trial of Samuel Chase and of Aaron Burr were as nothing com- pared with this. Popular feeling was with Jackson. His hold upon the country had already begun to exert a wonder- ful dispensating influence for him and his misdoings. He possessed an extraordinary comibination of those qualities calculated to arouse the imagination and sentiment of the people. The strange magic of military success had carried him to a height from which to attempt to drag him down would have (been to invite ruin. Official Washington knew this only too well, and so did Jackson. The battle of New Orleans, the one brilliant land feat of our armies in the war of 1812, had given him a firm hold upon the hearts of the people. Niles, representing the pop- ular sentiment and believing in the emissary theory, exactly summarized the general attitude in this paragraph : "The fact is that ninety-nine in a hundred of the people believe that General Jackson acted on every occasion for the good of his country, and success universally crowned his efforts. He has suffered more hardships and encountered higher responsibilities than any man living in the United States to 264 The Purchase of Florida serve us and has his reward in the sanction of his govern- ment and the approbation of the people." ^ On both sides of the question were the finest orators, the most skillful debaters, the shrewdest and most consummate politicians of the generation. This and the feeling that on the outcome might depend a Spanish war, brought all Washington to the daily feast of words and reason. Even the minority of the house committee, friendlier to Jackson, declared that after considering the documents submitted it would have been "more correct" to acquiesce in the final ver- dict of the court-martial in Ambrister's case. At length on the eighth of February a vote was taken on the amendments and on the resolution. In each case Jackson was sustained both by the committee of the whole and by the house. In the senate the question had been referred to a com- mittee early in December, but no report was made until February 24th. The document then submitted declared that the general's ideas of international law were entirely un- founded on any recognized authority, that his actions were "calculated to inflict a wound on the national character," and condemned his conduct at every point. After an order to print, the report was laid on the table where it remained when the second session of the fifteenth congress ended on March 4th. While the senate committee was in session preparing their report, wild stories were current in Washington of Jackson's wrathful denunciations of different members of the committee. It was commonly stated that he proposed to lie in wait and inflict summary vengeance upon his critics. Mr. Lacock of the senate committee wrote : "General Jack- son is still here and by times raves like a madman. He has sworn most bitterly he would cut ofl^ the ears of every mem- ber of the committee who reported against his conduct. This bullying is done in public, and yet I have passed 1. Vol. XVI, Niles Register, p. 25. Jackson's War with the Seminoles 265 his lodgings every day and still retain my ears. Thus far I consider myself fortunate. How long I shall be spared without mutilation I know not, but one thing I can promise you, that I shall never avoid him a single inch. And as the civil authority here seems to be put down by the military, I shall be ready and willing to defend myself and not die soft." After Jackson's return from his northern trip and after the report of the committee, his threats and menaces were repeated with increased violence, and there was more talk of ears as the reward of vengeance. There is good foundation for the story that Commodore Decatur with difficulty succeeded in preventing Jackson from enter- ing the senate chamber to attack Mr. Eppes. Members of the committee went armed prepared to resist bodily assault with powder and bullets. General Jackson, after his return from Florida and during the congressional investigation, received many let- ters of fulsome praise and sickening flattery from unworthy sycophants — men who swore by the gods that they "adored" him, and lived for the opportunity to "feast their eyes on their favorite soldier and peacemaker." The Jack- son correspondence teems with these letters from that class of men who ascribe to themselves something of glory or fame in communicating with those prominent in the public eye. In April, 1819, Ex-Governor Blount wrote Jackson a highly disgraceful letter in which he traduced the opposition and referred to Cobb and Clay in disgustingly indecent terms. Jackson's friends characterized Lacock's report as a "most imalicious and iniquitous production where facts were suppressed and circumstances exhibited in a light to mis- lead and pervert the judgment," while General Jackson himself spoke of Crawford's "depravity of heart" and de- parture from that "strictly honorable deportment" in oppos- ing him through congress. An "infamous report of un- 266 The Purchase of Florida godly scoundrels" — such the Jackson coterie of flatterers nominated the senate committee resolution. Captain Gadsden, a devoted personal friend of General Jackson, spoke of the "whole conduct of the executive as mysterious, and characterized with a degree of indecision and imbecility disgraceful to the nation" — a remark worthy of a court-martial and dismissal from the army. ^ Governor McMinns of Tennessee was "prodigiously pleased" to learn that Florida was in the hands of "the Americans out of which I trust in God they never will be taken." ^ One John B. White wrote a drama, "The Triumph pf Liberty" in honor of the failure of Jackson's enemies in congress, and sent a copy to the general accompanied by a nauseating letter of adulation. ^ It is generally conceded that had there been less decla- mation and more convincing argument in support of the majority report in the house, Jackson would not have been 1. Capt. Gadsden to Gen. Jackson, Sept. 28, 1818. 2. Governor McMinns to 'Gen. Jackson, June 20, 1818. '3. The following is a fair sample of the letters received by Gen- eral Jackson from fawning individuals throughout the country : Boone County, State of Ken tuck, Felbruary 20, 1819. To Major General A. Jackson, Sir : — Indulge one of the American revolution, while you are surrounded by an approving multitude, to offer his mite of gratitude to the pro- tector of female innocence and helpless infancy, and his country's wrongs, against the wily hand of the savage instigated by, and sup- plied with the means to perpetrate their cruel acts by the imbecile Spaniard and the vile Briton. I hope ere this "the long agonies are o'er," of your quondam friends ! and when time shall have obliterated their sickliness and the forked tongue of envy and malice shall be at rest, the children, yet unborn, shall sound the praises of the man who had the fortitude, courage, virtue, and obedience to the call of necessity to step forward, with a gallant band to encounter every privation, hardship, and danger to rectify that country's wrongs. I am a simple, plain man in my habits and manners, no courtier. But here claim the privilege to give my sentiments in favor of patriotism, fortitude, courage, virtue, and morals when mingled with glorious deeds ; of every man who nobly steps forward in the cause of Humanity, Justice, and his country's freedom ; in opposition to the enemies of the Human race ! ! ! Accept the respect of my rational homage and very high consideration. John Brown. Jackson's War with the Seminoles 267 sustained. Parton says : "If there had been but one hard- headed, painstaking, resolute man in the house who had spent ten days in reading and comparing the evidence relat- ing to the invasion of Florida and the execution of the pris- oners, and two days more in presenting to the house a com- plete exposition of the same, hammering home the vital points with tireless reiteration, the final votes would not have been what they were. The cause, despite the month's debate, was, after all, decided without a hearing." ^ When the news of Jackson's Florida exploits reached Washington all was excitement among the officials and the public. The administration was in a quandary. It was ignorant of the fact that Jackson had been authorized to violate neutral territory. Moreover, this administration, like those which had preceded it was timid, and, without precedents, knew scarcely anything of its powers. The cabinet was certainly anxious to secure Florida, but by purchase not by conquest. Monroe was weak, to say the least, and possessed little of the "defiant patriotism" of the younger Adams. The whole matter came up in the cabinet on the question of what disposition to make of Jackson and his conquests. On the fifteenth of July Adams records in his diary that there was a cabinet meeting lasting from noon until near five. The president and all the members of the cabinet except himself were of the opinion that Jackson should be disavowed and suitable reparation made. 'Calhoun, "generally of sound, judicious, comprehensive mind," was offended with Jackson's insubordination to the war department and insisted that he be roundly censured. The secretary of war, was convinced that we would certainly have a Spanish war, and that such was Jackson's object that he might be able to command an expedition against Mexico. Crawford feared that if Pensacola were not at once restored and Jackson's acts disavowed, war would 1. Parton's Andrew Jackson, Vol. II, p. 550. 268 The Purchase of Florida follow and that our ships and commerce would ibecome^the prey of privateers from all parts of the world sailing under the Spanish flag, and that the administration would not be sustained by the people. ^ Jackson had to face the Indians but the cabinet was compelled to face Spain and England, congress, the hostile press, the people and not least, Jackson himself. The question was indeed embarrassing and com- plicated. During July and August, cabinet meetings were held almost daily and the question was hotly debated. In all of these conferences Jackson's sole friend and only defender was Adams, the secretary of state, the man upon whom would fall the 'labor of vindicating the general diplomatic- ally, should the administration decide to assume the respon- sibility. Adams declared that there was no real though an apparent violation of instructions and that his proceedings were justified by the necessity of the case and by the mis- conduct of the Spanish commanding officers in Florida. He insisted that if Jackson were disavowed he (Jackson) would immediately resign his commission and turn the attack upon the administration and would carry a large part of the public with him. With the overwhelming majority against Jackson, the question arose as to the degree to which his acts should be disavowed. The entry in Adams's diary under date of July 19, is of interest as indicating something of the struggle in the cab- inet. Having presented a new point in justification of Jackson, Adams commented upon the ensuing arguments : "It appeared to make some impression upon Mr. Wirt, but the president and Mr. Calhoun were inflexible. My reasoning was that Jackson took Pensacola only because the governor threatened to drive him out of the province by force if he did not withdraw ; that Jackson was only executing his orders when he received this threat; that he 1. Memoirs of J. Q. Adams, Vol. IV, pp. 107-109. Jackson's War with the Seminoles 269 could not withdraw his troops from the province consistent- ly with his orders and that his only alternative was to prevent the execution of the threat. I insisted that the character of Jackson's measures was decided by the inten- tion with which they were taken, which was not hostility to Spain but self defense against the hostility of Spanish officers. I admitted that it was necessary to carry the reasoning upon ^my principles to the utmost extent it would bear, to come to this conclusion. But if the question was dubious, it was better to err on the side of vigor than of weakness — on the side of our own officer who had ren- dered the most eminent services to the nation, than on the side of our bitterest enemies and against him. I glanced at the construction which would be given by Jackson's friends and by a large portion of the public to the disavowal of his acts. It would be said that he was an obnoxious man, that after having the benefit of his services he was aban- doned and sacrificed to the enemies of his country ; that his case would be compared with that of Sir Walter Raleigh. Mr, Calhoun principally bore the argument against me insisting that the capture of Pensacola was not necessary upon the principles of self defense and therefore was both an act of war against Spain and a violation of the consti- tution, that the administration by approving it, would take all the blame of it upon themselves ; that by leaving it upon his responsibility, they would take away from Spain all pretext for war and for resorting to the aid of other Euro- pean powers — they would also be free from all reproach of having violated the constitution; that it was not the menace of the governor of Pensacola that had determined Jackson to take that place; that he had really resolved to take it before ; that he had violated his orders and, upon his own arbitrary will, set all authority at defiance." After many days of argument, when Adams continued to oppose the unanimous opinions of the president, the secre- 270 The Purchase of Florida tary of the treasury, Crawford, the secretary of war, Cal' houn, and the attorney general, Wirt, a draft of a note to De Onis was prepared and a newspaper paragraph was sub- mitted to the press for publication. With a sigh at this "weakness and confession of weakness" Adams set himself to the task of meeting the protests and threats of De Onis and the inquiries of Bagot. CHAPTER IX. ADAMS vi:rsus de; onis. WE have seen that on the renewal of diplomatic rela- tions with Spain in December, 1815, De Onis de- manded the isurrender of so much of West Florida as Madison had organized under the congressional act of 181 1, and that this demand had been followed by an inter- change of views upon the title to that province which Spain claimed never to have ceded to France, since she haa received it from England and not from his Christian Majesty. In 1816 Monroe expressed his surprise and regret that De Onis should bring up these troubles when he was with- out authority to settle them and declared that full power to conclude a treaty had been sent to George W. Erving, the minister of the United States at Madrid. Cevallos, the Spanish foreign minister, repeatedly complained of the number of Americans to be found officering the insurgent privateers and fighting in the ranks of the revolutionists against Spain ; and of the export of arms from the United States to the insurgent forces. In answer to our complaints against the British occupation of East Florida during the late war, Cevallos denied that it had been done "with the acquiescence of the Spanish government. On the contrary it had remonstrated repeatedly and in the most energetic terms to the cabinet of St. James on this violation of its territory." ^ But Cevallos had no intention of troubling 1. Letters from Ministers Abroad, Vol. XIII, p. 30, Erving to Sec- retary Monroe, Aug-., ISie. 272 The Purchase of Florida himself with such a negotiation and gave De Onis full power to treat, referring the whole matter back to Wash- ington. In January, 1817, an ofifer was made by Monroe of so much of Texas as lies between the Rio Grande and Colorado in exchange for the two Floridas, to which De Onis replied that the territory offered was already the property of Spain and could not therefore be made the basis of an exchange. And further that he had no instructions covering the entire cession of the two Floridas. De Onis declared that he could consent to no arrangement by which Spain should cede her claims to territory east of the Mississippi unless the United States ceded their claims to all the territory west of that river. And that even such an agreement would be restricted to a recommendation to his government to adopt such an arrangement. Monroe, declaring such terms utter- ly inadmissible, commented with considerable indignation upon the Spanish minister's lack of powers, and announced that this government had no motive to continue the nego- tiation on the subject of boundaries. De Onis was then requested to state whether he would enter into a convention similar to that of 1802, which had never been ratified, pro- viding compensation for spo'liations and for the suppression of the deposit at New Orleans. ^ The negotiation on the matter of boundaries being thus abruptly terminated, De Onis despatched his secretary of legation to Madrid for more definite powers. Erving at this time wrote a letter ito our secretary of state giving his impression of the status of our affairs with Spain. "I would not intimate," said he, "that Spain is disposed to war — on ithe contrary I believe its dispositions, though not friendly, to be pacific — this of necessity, for it has not the means of making war on us with any effect and 1. Vol. II, Foreign ^Legations, p. 197, Monroe to De Onis, Jan. 14, 18il7; iUd., p. 19S, same to same, Jan. 25, 1817. Adams Versus De Onis 273 it cannot in the present state of England count upon her assisitance. But there are innate vices which no experience can correct and there is an obstinacy in error which defies all policy or persuasion . . . they have had a long- experi- ence of our forbearance which they attribute to our weak- ness — they suppose that expedients, evasions, and palli- atives will answer now as well as ever — they do not regard affairs in the concrete but are satisfied if they do not find immediate danger in every separate one — for the rest they trust to time and accident, and think it will never be too late to ward off the blow." ^ In his next letter home, Erving treated at length of the apparent Russian-Spanish understanding. Heretofore Spain had hoped for an alliance with England as the most likely to sustain and increase her power. A strict alliance between Great Britain and Portugal, and the views of the former power on the subject of the revolted Spanish col- onies, furnished the proper instruments for Mr. Tatischoflf, the Russian minister at Madrid, a man bitterly hostile to England and everything English, by which he gained the entire confidence of the Spanish king and succeeded in withdrawing Spain from her connection with England. Rumors were abroad of a Russian plot which were given some credence because of comporting with the well known inordinate ambition of the czar, and yet so extravagant and absurd as, on their face, to be incredible. Russia wished to secure a footing in the Mediterranean and would endeav- or to wheedle Spain out of Majorca or Minorca. Russia might secure Texas in America. A cession of Louisiana by Spain was proposed. And for these magnificent acqui- sitions what should be the consideration? Her mediation with Austria respecting Parma, etc., which as yet had produced no results. Her mediation with Brazil who, with 1. Letters from Ministers Abroad, Vol. XrV, G. W. Erving to secretary of state, March 2, 1817. 18 274 The Purchase of Florida the revolted colonies, would only ridicule the idea : "But," concluded Erving, "Mr. Tatischoff is adroit, and the king in his weakness imagines that if he has the great Emperor Alexander for his friend he has nothing to fear." ^ Another letter of Erving's tends to show the relations of Spain with the European powers and their bearing upon a Spanish- American treaty. In part it follows : "Upon the whole, sir, I conclude that the course which this gov- .ernment will take — the more or less zeal with which it will act — the more or less moderation and good faith which it will display — will very principally depend on its always fluctuating hopes and fears on the side of England; should its disputes with the king of Brazil ripen into a serious rupture, it will certainly make an attempt on Portugal ; then a breach with England of course ; but this I consider to be a remote possibility — the question as to the slave trade has created consideraible discussion between the two govern- ments. England as I understand has offered to his Cath- olic Majesty a certain sum for the relinquishment of the traffic and he has demanded a larger sum — the question turning upon this point cannot be considered as one of great difficulty ; with respect to the colonies I believe it to be very certain that England has offered her mediation but here these governments cannot agree ; Spain in the true spirit of her system insists on their returning to their ancient unqualified allegiance — England, besides the reasonable ob- jections which she has to oppose to such absurd and hopeless overtures, cannot find that she has any interest in making them ; she does not wish to separate the colonies from Spain — on the contrary ; but she desires that the trade to them may be open." ^ Although the Russian influence continued to prepon- 1. 'Letters from 'Ministers Albroad, Vol. XIV, Erving to secretary of state, April 6, 1817. 2. Ibid., Erving to secretary of state, No. 30, April 6, 1817. Adams Versus De Onis 275 derate at Madrid, England soon succeeded in settling the trade question with Spain upon a fair and satisfactory basis. "Whether Russia, England, or France have given any encouragement to Spain in her disputes w^ith the United States or not," writes Erving, "it is quite certain that in case of a rupture Spain will appeal to one or all of them. . . . Of their ministers here I am inclined to think that the Russian Tatischoff, at least (certainly not the English), who meddles with everything, has interfered with his advice and that I see the influence of it. . . . Upon the whole however I do not think that the hopes of Spain founded upon the interference of others are so strong as to induce her to decline reasonable overtures." ^ At this time Spain resolved to use heroic measures to force her American col- onies to return to their allegiance. With this in view and to organize a suitable armament she purchased a fleet of ships from Russia which, to Russia's lasting disgrace, proved a lot of rotten hulks unable even to sail out of the harbor of Cadiz. One of the fruits, this was, of Tatischoff's influ- ence over the Spanish monarch. The arrival at Madrid of De Onis's secretary of lega- tion was made the occasion for a proposition by Don Jose Pizarro, the new foreign minister, that the negotiations be again transferred to Madrid. ^ Erving having consented to this plan, after an exchange of views, Pizarro submitted to our minister the outline of a treaty by the terms of which Spain agreed to cede the Floridas in return for every inch of territory the United States owned or claimed to own west of the Mississippi from its source to the Gulf of Mexico. ^ This was promptly and unequivocally rejected and the sec- retary of De Onis was immediately dispatched with new instructions and nearotiations a^ain transferred to Wash- 1. Letters from Ministers Abroad, Vol. XIV, Erving to J. Q. Adams, Aug. i27, IS 17. .2. Pizarro to Erving, July 16, 1817. 3. Pizarro to Erving, Aug. 17, 1817. 276 The Purchase of Florida ington. ^ The Spanish council of state and principal offi- cials were moistly grandees and priests, bigoted and narrow minded, who lived and talked only of the glories of the days of Charles V., unaWe to realize the present decrepit condi- tion of the kingdom. "The ancient policy of never con- ceding," wrote Erving, "still prevails in the council of state before which all such matters are discussed - — the members of this council, for the most part inveterate in the prejudices of former times, are wholly unfit for the direction of state affairs in this day." ^ After an exchange of notes reciting in detail the various claims of the two parties in dispute, Adams, in January, 1818, proposed an adjustment of all dififerences iby an arrangement on the following terms : 1. Spain to cede all her claims to territory east of the Mississippi. 2. The Colorado from its mouth to its source and from thence to the northern limits of Louisiana to be the western boundary. 3. The claims of indemnities for spoliations, whether Spanish, or French within Spanish jurisdiction, and for the suppression of the deposit at New Orleans, to be arbitrated and settled by commissioners in the manner agreed upon in the unratified convention of 1802. 4. The lands in East Florida to the Perdido to be made answerable for the amount of the indemnities which may be awarded by the commissioners under this arbiLra- tion. With an option to the United States to take the lands and pay the debts, distributing the amount received equally, according to the amount of their respective liquidated claims" among the claimants. No grants of land subsequent to August II, 1802, to be valid. 1. Pizarro to Erving, Aug. 30, 1817. 2. Letters from iMinisters Afbroad, Vol. XV, Erving to J. Q. Adams. Adams entered ujwn his duties as secretary of state Sep- tember i22, 1817. Adams Versus De Onis 277 5. Spain to be exonerated from the debts or any part of them. 1 These proposals did not differ materially from those made to Cevallos in May, 1805. De Onis had protested against the seizure and occupa- tion of Amelia Island 'by General Gaines ; and the deter- mination thus manifested 'by the American government "that the adjoining territories of Spain should not be mis- used by others for purposes of annoyance to them," it was felt would convince Spain of the necessity for coming to an immediate arrangement. There followed another elaborate and tedious discussion of the grounds on which each nation rested its claims, concluding with a statement from De Onis that the demands of the United States were so extraordin- ary that he must again dispatch a messenger to Madrid for additional instructions. That Adams was irritated at the course of the negotiations soon became apparent. De Onis was truly a finished scholar in the Spanish procrasti- nating school of diplomacy. Of him Adams said, "He has more of diplomatic trickery in his character than any other of the foreign ministers here." In his letter of March 12, 1818, in reply to the statement of De Onis that his argu- ments were the same as they had been for the past fifteen years "because truth is eternal," Adams said: "The ob- servation that truth is of all time and that reason and justice are founded upon immutable principles has never been contested by the United States, but neither truth, reason, nor justice consist in stubbornness of assertion nor in the multiplied repetition of error." ^ Adams in the same note remarked that the discussion had been "sullied by unworthy and groundless imputations" on the part of De Onis, who had declared that the United States did not herself believe in the validity of the state- 1. Vol. II, Foreign Legations, p. 27i3, Adams to De Onis, Jan. 16, 1818. 2. Ihid., p. 282, same to same. 278 The Purchase of Florida merits and arguments used by her ministers in support of her claims, and further that these arguments were "vague and groundless." In March Erving noticed that the Spanish attitude toward the United States had become decidedly more favor- able: "I must attribute (this) in part to the failure of the hopes which he (Pizarro) once entertained of receiving support from other quarters in the disputes between the United States and Spain, in part to the little prospect of- fered by the Russian memorial of a prompt and vigorous interference of the allies in the disputes between Spain and her colonies — but most principally to the prompt and vigorous course taken by our government in regard to Amelia Island and Galveston, in fine to the menacing atti- tude of the United States." ^ The negotiations with Spain were also being helped along by the friendly services of the new French government. Erving seemed no less out of patience with De Onis than Adams had been, and characterized his plea of requiring new powers, as indeed the most extraordinary device for delay that could have been hit on: "It is to be hoped that it is the expiring struggle of procrastination as it is the very apex of shuffling diplomacy or the dregs of a worn out capacity." ^ After much haggling, Erving's efforts finally succeeded in securing from Pizarro by the end of June an offer to ratify the old convention of 1802 without qualification. In January of 1818 Air. Bagot, the British minister in Washington, showed to Mr. Adams a copy of a dispatch from Lord Castlereagh to Sir Henry Wellesley dated Au- gust 27, 181 7, and being an answer to one from him which had enclosed a detailed statement by the Spanish minister of the 'State of the controversies between the United States 1. Vol. XV, Letters from Ministers Albroad, Erving to J. Q. Adams, March 16, 1818. 2. Ihid., same to same, June 12, 1818. Adams Versus De Onis 279 and Spain, for the mediation of Great Britain. Lord Castle- reagh declined to intervene unless it should be requested by both parties. In making the communication, Bagot ex- pressed the willingness of Great Britain to mediate if the United States should concur with Spain in requesting it. In a letter to Erving upon the su'bject Adams made the following comments : "But in reflecting upon these trans- actions it could not escape observation, "i. That this overture from Mr. Pizarro to Sir Henry Wellesley must have been made early in August last, between the first and the fifteenth and precisely while Mr. Pizarro was professing an intention to conclude immediately a treaty with you. "2. That no notice was given to you either by Mr, Pizarro or by Sir Henry Wellesley, of this very important incident in a negotiation to which the United States were a party, and in which the step ought not to have been taken without first consulting you. Mr. De Onis, however, pri- vately insinuates that the offer of mediation did really first come from Great ' Britain. That it was not requested by Spain but resulted from an intimation by Spain that she had resolved to cede the Floridas to the United States, to which she requested the assent of England ; having been, as he further hinted, under previous engagements to England that she would not cede any of her territories to them. Instead of acquiescing in the pretended cession Great Britain now, according to Mr. De Onis, offered her mediation. However the fact may be, it is evident that Spain and Great Britain have some serious misunderstandings with each other, and it can scarcely be expected that the policy which England is adopting in relation td South America will tend to reconcile them." 1 1. Vol. VIII, Instructions, p. 178, J. Q. Adams to Erving, April 20, 1818. 280 The Purchase of Florida In the meantime Adams, convinced of the desirability of recognizing the South American colonies, had sent offi- cials to report upon the conditions prevailing in those prov- inces. After their return he was more than ever anxious not only to recognize some of them, particularly Buenos Ayres, which had held out against Spain since 1816; but of persuading certain of the European powers to take a similar course. England had sought to dissuade the United States from this step, as likely to frustrate her plan oi mediation between Spain and the revolutionists, by which Spanish sovereignty should still be recognized, but the colonies were to be opened to the trade of the world and granted certain rights of self-government. This failing, Adams addressed a note to Richard Rush, our minister at the court of St. James, inquiring what part he thought the "British government would take in regard to the dispute ■between Spain and her colonies, and in what light they will view an acknowledgment of independence of her colonies by the United States. Whether they will view it as an act of hostility to Spain and, in case Spain should declare war against us in consequence, whether Great Britain will take part with her in it?"^ War with Spain then seemed imminent, even more probable, than it had upon many occasions since 1789. The South American colonies had been taught by the United States something of the manner in which a hated yoke might be thrown off, and were now looking to this country for sympathy and assistance. Their efforts to obtain official recognition and an exchange of ministers were eager and persistent. The constant violations of our neutrality by the organization of filibustering expeditions inspired the first neutrality act, which has since served to establish the princi- 1. Vol. VIII, Instructions, p. 2*6, J. Q. Adams to Richard Rush, Aug. 15, 1818. Adams Versus De Onis 281 pie of international obligation in such cases, and has been the basis of all subsequent legislation on the subject in this country and Great Britain. Continental Europe, still op- pressed by the reaction of the era of revolution and the imperial Napoleon, had banded together to crush out repub- licanism as some noxious serpent. Thus, naturally hostile to rebellions and convinced that Spain would ultimately prevail, they formed the holy alliance to help the Spanish Bourbons, to the extent even of subduing her rebellious col- onies. It was far different on this side of the ocean. Apart from a natural sympathy in such conflicts, it was generally believed that the revolted provinces were destined to drive the hated Spaniards back to their ships. After many a long and anxious cabinet discussion, the part of caution and reason prevailed and it had been determined to postpone a recognition, until circumstances should clearly warrant such a course. But Clay ever alert, now that he had failed to secure the office of secretary of state-- in direct line for succession to the presidential chair — found in this an excellent opportunity to harass the administration. Moreover the question was one which appealed to him and offered an excellent opportunity wherein he might at the same time abuse the heads of the government, and laud liberty and freedom with his matchless eloquence and su- Vjerh oratory. The United States, thus, if not duly cautious in her Florida negotiations, might find herself face to face not alone with Spain but with all continental Europe. Nor indeed could she afford to offend England and thus risk the failure of negotiations, then under way with that country, for a treaty of friendship, boundaries, and commercial con- cessions — at this time, under circumstances demanding ex- treme caution and circumspection on the part of the United States, had Jackson violated Spanish sovereignty and mur- dered English su'bjects. 282 The Purchase of Florida De Onis was strenuously protesting against the intol- erable use of our ports by the privateers of Buenos Ayres and the filibustering parties which were being fitted out to fight against Spain, when reports reached Washington of Jackson's campaign. Upon receipt of the report of the governor of West Florida, he entered a vigorous and indig- nant protest, demanding that St. Marks be delivered to the Spanish commander with all the arms and stores, that the American troops be withdrawn and full indemnity be made for damages done by the American army in Florida. ^ Re- ports of the capture of Pensacola were not long in reaching the capital, and De Onis, now thoroughly aroused, de- manded of Adams to be informed "in a positive, distinct, and explicit manner, just what had occurred." Fuller ac- counts soon arrived and he once more addressed Adams. He protested vigorously against Jackson's invasion. The Spanish officials had neither incited nor aided the Indians, and, even had they done so, the proper course was for the United States to make a demand on these officers for such Indians and criminals as had escaped to Florida. "These facts (the capture of the Spanish posts) need no comment; they are notorious and speak for themselves. Their enor- mity has filled even the people of this Union with wonder and surprise and cannot fail to excite the astonishment of all nations and governments. The American general can have neither pretext nor subterfuge of which he can avail himself to give the least color for this invasion and exces- sive aggression — unexampled in the history of nations. Whatever pretexts may be resorted to, to mislead and im- pose on the vulgar, will be frivolous, contradictory, and falsified by the very course of events, public and notorious." He demanded the prompt restitution of St. Marks, Pensa- cola, Barrancas and all other places wrested by Jackson 1. iDe Onis to J. Q. Adams, June 17, ISIS. American State Papers, Foreign Relations, Vol. IV, p. 495. Adams Versus De Onis 283 from the crown of Spain, together with all artillery, stores, and property and indemnity for losses, "together with the lawful punishment of the general and the officers of this republic by whom they were committed." ^ Adams's reply to De Onis was dated July 23. It re- minded him that by the treaty of 1795 both Spain and the United States were bound to keep peace along the frontier. That neither power was to permit the Indians dwelling on its soil, to cross the boundaries and molest subjects or citi- zens of the other. "Notwithstanding this precise, express, and solemn compact of Spain, numbers, painful to recol- lect, of the citizens of the United States inhabiting the fron- tier, numbers not merely of persons in active manhood, but of the tender sex, of defenseless age and helpless in- fancy, had at various times been butchered with all the aggravations and horrors of savage cruelty, by Seminole Indians, and by a banditti of negroes sallying from within the Spanish border and retreating to it again with the hor- rid fruits of their crimes." Jackson had, in 1816, in accordance with the treaty provision, called upon the governor of Pensacola ^ to break up a stronghold of which this horde of savages and fugi- tive slaves had possessed themselves in Florida, and the answer acknowledged the obligation but pleaded a lack of force for its fulfilment; and that the United States had finally been compelled with its own force to accomplish its destruction. With this in mind, when Indian hostilities broke out in 181 7, among others, the following orders were issued to the American general in command: "On the receipt of this letter should the Seminole Indians still refuse to make reparation for their outrages and depredations on the citizens of the United States, it is the wish of the presi- dent that you consider yourself at liberty to march across 1. American iState Papers, Foreign Relations, Vol. V, De Onis to J. Q. Adams, July 8, 1818. 2, Maurico de Zuniga. 284 The Purchase of Florida the Florida line and to attack them within its limits, should it be found necessary, unless they should shelter themselves under a Spanish fort — in the last event you will immedi- ately notify this department." The right of pursuing an enemy who seeks refuge from actual conflict within a neu- tral territory could not be denied. But in this case the territory of Florida was not even neutral, for it was the abode of the Indians, and Spain was bound to restrain them. The capture of St. Marks and Pensacola were Jack- son's own acts rendered necessary by the "immutable prin- ciples of self defense" and the hostility of the governor of Pensacola. Further, that the governor of Pensacola had caused it to be directly reported to the American general that Fort St. Marks was in imminent danger from the Indians and negroes. Then, with surprising audacity, which must have taken De Onis off his feet, Adams in the name of the United States called upon his Catholic Majesty for the punishment of all the Spanish officers concerned. The letter closed with the intimation that "Pensacola will be restored to the possession of any person duly authorized on the part of Spain to receive it ; and that Fort St. Marks being in the heart of the Indian country and remote from any Spanish settlement, can be surrendered only to a force sufficiently strong to hold it against the attack of the hos- tile Indians, upon the appearance of which it will also be restored." ^ In reply De Onis asserted that tlie Indians had repeat- edly complained to the Spanish officers in East Florida of the "incessant injuries and vexations committed on them by the citizens of this republic inhabiting the frontiers." "Strange indeed, it must appear to the whole world," con- tinued De Onis, "that General Jackson should arrogate to himself the authority of issuing orders and imposing re- 1. Vol. II, Foreign Legations, p. 328, Adams, to De Onis, July 23, 1818. Adams Versus De Onis 285 strictions on the governor of Pensacola." The matters of complaint should have been referred to the two govern- ments for settlement. The reasons assigned by Jackson only increased the enormity of his offense. The governor of Pensaoola had not in any manner intimated that he was fearful lest St. Marks might fall into the hands of the Indians and negroes. Again demand was made for the punishment of Jackson. 1 In the meantime, De Onis having received notice of the action of the Spanish council of state upon the conven- tion of 1802, announced that he was prepared to exchange the ratifications of that convention. It was, however, deter- mined to postpone the exchange of ratifications with the view of securing a more general and satisfactory adjust- ment of all the other subjects in controversy between the two nations. ^ An account of the occurrences in Florida had been sent to Spain by De Onis, and with the first news Pizarro began to address Mr. Erving on the subject. As fuller details reached him Pizarro became more and more insistent upon an explanation, until in August, by the order of the king, all negotiations with the United States were suspended, "until satisfaction should be made by the American gov- ernment" for the proceedings of Jackson which were con- sidered "acts of unequivocal hostility against him, and as outrages upon his honor and dignity, the only acceptable atonement for which would consist of a disavowal of the. American general, the infliction upon him of a suitable punishment for his conduct," and the restitution of the posts and territories taken by him from the Spanish author- ities, with indemnity for all the propenty taken and all damages and injuries, public or private, sustained in conse- 1. Vol. V, Foreign Relations, De Onis to Adams, Aug-. 5, 1818. 2. Vol. II, Foreign Legations, p. 341, Adams to De Onis, Oct. 2'3, 1818. 286 The Purchase of Florida quence of it. ^ Negotiations however were soon renewed, ^ and Adams sent to Erving, for presentation to the Spanish foreign minister, one of the most wonderful state papers ever conceived — a full statement of the American case. This document, destined to become so famous, was narrative in form. Beginning with the violation of Span- ish neutrality by the English forces in the late war, Adams went on to speak of Colonel Nicholls and his crew, consist- ing of "all the runaway negroes, all the savage Indians, all the pirates, and all the traitors to their country," collected for the purpose of waging an ''exterminating war against that portion of the United States." He treated with rid- icule and scorn the pretensions of Colonel Nicholls that the United States had failed to observe that article of the treaty of Ghent which related to the Indian lands, since oui Creek war had terminated by the treaty of Fort Jackson, concluded some four months before the close of the war of 1812, and that we were at peace with those Indians at the time of the treaty of Ghent. He then derided the "treaty of alliance, offensive and defensive, and a treaty of naviga- tion and commerce with Great Britain" which Colonel Nich- olls had concluded with the ignorant and credulous Indians. He referred to the occupation of the Negro Fort. Then he fell upon poor Arbuthnot whom, he character^ ized as the successor of Nicholls, as a foreign incendiary in the employment of instigating the Seminole and outlawed Red Stick Indians to hostilities against the United States. Even his "intrusion" as a trader he declared was without excuse or justification and contrary to the policy of all European powers in this hemisphere. His "infernal insti- gations" were but too successful and his arrival was fol- lowed by the visitation upon the peaceful inhabitants of the border, of "all the horrors of savage war." He then pro- Pizarro to Brving, Aug. 29, 1818. De Onis to Adams, Oct. 18, 1818. Adams Versus De Onis 287 ceeded to justify Jackson in crossing the boundary and in seizing St. Marks. It needed "no citations from printed treatises on international law" to prove his contentions for "it is engraved in adamant on the common sense of man- kind." He applauded the arrest of Arbuthnot, "the Bnitish Indian trader from beyond the sea, the firebrand by whose torch this Negro-Indian war against our borders had been kindled." Adams disclosed the fact that councils of war had been held within the very walls of St. Marks by the savage chiefs and warriors. That the Spanish storehouse had been appropriated to their use. That it was an open mar- ket for cattle known to have been stolen by them from citizens of the United States, and which had been con- tracted for and purchased by the officers of the garrison. That information had been sent from this fort by Arbuth- not to the enemy, of the strength and movements of the American army. That ammunition, munitions of war, and all necessary supplies had been furnished to the Indians. He then enlarged upon the hostility of the governor of Pensacola, and justified Jackson in the capture of that town. "The president," declared Adams, "will neither inflict punishment nor pass censure upon General Jackson for that conduct — the vindication of which is written in every page of the law of nations, as well as in the first law of nature, self-defense." On the contrary, "suitable punishment," it was demanded, should be inflicted upon Don Jose Mazot, governor of Pensacola, and Don Francisco Luenzo, com- mandant of St. Marks, for their "defiance and violation of the engagements of Spain with the United States." If these officers were powerless, Adams declared, the "United States can as little compound with impotence as with 'per- fidy, and Spain must immediately make her election, either to place a force in Florida, adequate at once to the protec- 288 The Purchase of Florida tion of her territory and to the fulfihnent of her engage- ments or cede to the United States a province of which she retains nothing but the nominal possession, but which is in fact a derelict, open to the occupancy of every enemy, civilized or savage, of the United States, and serving no other earthly purpose than as a post of annoyance to them." To Pizarro's complaint of the "shameful invasion of his Majesty's territory," Adams inquired "What was the character of Nicholls's invasion of his Majesty's territory, and where was his Majesty's profound indignation at that? . . . Has his Majesty suspended formally all negotiation with the sovereign of Colonel Nicholls for this shameful in- vasion of his territory without Color of provocation, without pretence of necessity, without shadow or even avowal of pretext? Has his Majesty given solemn warning to the British government that these were incidents 'of transcen- dent moment, capable of producing an essential and thor- lough change in the political relations of the two coun- tries?' . . . Against the shameful invasion of the territory, against the violent seizure of the forts and places, against the 'blowing up of the Barrancas, and the erection and main- tenance under British banners of the Negro Fort on Span- ish soil ; against the negotiation by a British officer in the midst of peace, of pretended treaties, offensive and defen- sive, and of navigation and commerce upon Spanish terri- tory, between Great Britain and Indians, Indians which Spain was bound to control and restrain? If a whisper of expostulation Was ever wafted from Madrid to London it was not loud enough to be heard across the Atlantic, nor energetic enough to transpire beyond the walls of the pal- aces from which it issued and to which it was borne." Next the affair of Amelia Island and MacGregor and his crew of patriots was discussed in no uncertain terms of indignation and wrath. Ambrister and his career were Adams Versus De Onis 289 glowingly depicted. "Is this narrative," he questioned, "of dark and complicated depravity ; this creeping and insid- ious war; this mockery of patriotism, these political phil- ters to fugitive slaves and Indian outlaws ; these perfidies and treacheries of villains, incapable of keeping their faith even to each other ; all in the name of South American liberty, of the rights of runaway negroes, and the wrongs of savage murderers ; all combined and projected to plunder Spain of her provinces and to spread massacre and devas- tation along the border of the United States ; is all this sufficient to cool the sympathies of his Catholic Majesty's government excited by the execution of these 'two sub- jects of ,a power in amity with the king?' The Spanish government is not at this day to be informed, that cruel as war in its mildest forms must be, it is, and necessarily must be doubly cruel when waged with savages. That savages make no prisoners but to torture them ; that they give no quarter ; that they put to death without discrimination of age or sex. That these ordinary characteristics of Indian warfare have been applicable in their most heart-sickening horrors to that war, left us by Nicholls as his legacy, re- instigated by Woodbine, Arbuthnot, and Ambrister, and stimulated by the approbation and encouragement and aid of the Spanish commandant at St. Marks, is proof re- quired?" By way of illustrating the horrors which he had so eloquently described Adams cited three occurrences, two of which took place before Arbuthnot reached Florida and the third, one with which there exists no reason for connecting the unfortunate trader. The first was the case of the sailor Daniels, who had been captured by the occupants of the Negro Fort and tarred and burned alive in July, 1816. The second was the murder of Mrs. Garret and her children, in February, 181 7, which General Mitchell expressly testified was an act of retaliation for the murder of Indians by the 19 290 The Purchase of Florida whites. The third was the massacre of Lieutenant Scott and his party, which we know to have been the Seminole re- venge for the attack of General Gaines upon Fowltown, and which occurred while Arbuthnot was at New Provi- dence . "Contending with such enemies, although humanity revolted at entire retaliation and spares the lives of their feeble and defenseless women and children, yet mercy her- self, surrenders to retributive justice the lives of their leading warriors taken in arms, and still more the lives of the foreign white incendiaries who, disowned by their own governments, and disowning their own natures, degrade themselves beneath the savage character by voluntarily descending to its level. ... It is thus only that the barbari- ties of Indians can be successfully encountered. It is thus only that the worse than Indian barbarities of European impostors, pretending authority from their governments, but always disavowed, can be punished and arrested. Great Britain yet engages the alliance and co-operation of savages in war. But her government has invariably disclaimed all countenance or authorization to her subjects to instigate them against us in time of peace. Yet so it has happened to this day, all the Indian wars with which we have been afflicted have been distinctly traceable to the instigation of English traders or agents. Always disavowed yet always felt; more than once detected but never before punished. Two of them, offenders of the deepest dye, after solemn warning to their government, and individually to one of them, have fallen, flagrante delicto, into the hands of an American general. And the punishment inflicted upon them has fixed them on high as an example, awful in its exhibition but we trust auspicious in its results, of that which awaits unauthorized pretenders of European agency to stimulate and interpose in wars between the United States and the Indians within their control." Adams Versus De Onis 291 xA^dams also embodied in the note a demand for the punishment of the Spanish officers for their misconduct, and a further demand "of Spain for a just and reasonable indemnity to the United States for the heavy and necessary expenses which they have been compelled to incur by the failure of Spain to perform her engagement to restrain the Indians, aggravated by this demonstrated complicity of her commanding officers in their hostilities against the United States." Then followed further justification of the execution of Arbuthnot and Ambrister, declaring that Jackson would have been warranted in summarily hanging" them without the formality even of a trial. That the latter had confessed his guilt and that the defense of tbe former consisted "solely and exclusively of technical cavils at the nature of part of the evidence against him." Adams wound up the document with an open threat.. ■'If the necessities of self defense should again compel the United States to take possession of the Spanish forts and places in Florida," it was fitting that the United States should "declare, with the frankness and candor that be- comes us, that another unconditional restoration of them must not be expected. That even the president's confi- dence in the good faith and ultimate justice of the Spanish government will yield to the painful experience of con- tinual disappointment. And that after unwearied and alonost unnumbered appeals to them for the performance of their stipulated duties, in vain, the United States will be reluctantly compelled to rely for the protection of their borders upon themselves alone." ^ Such was the answer to Pizarro, and with it was dispatched a forbidding mass of documents. Adams's de- fense was plausible and was fortified with references to doc- 1. Vol. VIII, Instructions; p. 257, J. Q. Adams to George Erving, Nov. 28, 1818. Also see Appendix C. 292 The Purchase of Florida uments which, when examined with care, however, fail to bear out his statements. For example he quotes a letter as proving that Ar*buthnot was not a trader but had certain ul- terior plans. The letter, on the contrary, bears no testimony whatever to the assertion. Some essential facts were omitted. Many were misstated an/d others perverted. Nothing was said of the tragedy of the Negro Fort — the awful career of that hot shell. Scarcely an allusion to the Fowltown attack which precipitated the war. The "fire- brand" Arbuthnot, mild mannered man of seventy summers, peace loving and submission-counselling, it was he who had taught the Indians to slaughter and pillage, to rnurder defenseless women, and take little children by the heels and dash their brains out on the side of the boat. No reference was made to Jackson and his notoriously anti- Spanish sentiments ; or to the surprise and opposition to the course of the general so widely prevalent in the United States. There was no intimation of what every fair and im- partial student must admit, that the Seminole war was inspired by the attacks and ravages committed upon the redskins by the white border settlers. There was no hint that the attacks of the Indians were retaliatory ; and that they were induced by that same treatment which, we blush to admit, has ever been accorded the doomed race that stands in the path of the white man's advance to something that he desires. The letter made no allusion to the pitiaible and defenseless condition of the Seminole Indians, and the size of the army and the amount of armament collected by Jackson for the contest with, so weak and contemptible a foe; or of the conclusions to be drawn from such suspicious circumstances. There was no comment upon the articles of capitulation of Pensacola which showed most clearly that the reasons assigned by Jackson for his expedition were Ibut a pretext, and that the real motive was a pro- Adams Versus De Onis 293 visional cession of the province as the first step to a permanent acquisition. It was indeed a highly ingenious instrument and did credit to the author's legal acumen. To quote Parton, it stands as "the most flagrant piece of special pleading to be found in the diplomatic records of the United States." To one who is not acquainted with the facts its perusal is a pleasure and, admitting its premises, there can be no answer to its conclusions. Never has a diplomatic paper met with more signal success. It averted war. It silenced the English government and warranted that country in ignor- ing the execution of its subjects, though it was anxious for such an excuse. It gave the continental powers ground for refusing to assist Spain in making war against the United States. It convinced the people of the United States, and even well nigh persuaded Pizarro and the Spanish council of state. In this country it won for its author universal applause. ^ "Adams has done honor to his country and himself," was the verdict of all, irrespective of party or principle. The document as if by magic cleared the air so heavily surcharged with rumors and threats of war, and on the convening of congress the president was able to announce that our relations with Spain did not dififer materially from what they had been a year before. It was also necessary to appease General Jackson for the disavowal of certain of his acts. A long letter, a happy blending of mild rebuke and pleasing compliment, wa^; writ- ten by President Monroe exiplaining the necessity of sur- rendering the Spanish posts. One paragraph in particular was noteworthy as showing the prevalent feeling upon the subject of a Spanish war. "Should we hold the posts it is impossible to calculate all the consequences likely to result from it. It is not improbalble that war would im- 1. Jefferson thought that a translation of the note should be sent to all of the courts of Europe. 294 The Purchase of Florida mediately follow. Spain would be stimulated to declare it ; aind once declared the adventurers of Britain and other countries would, under the Spanish flag, privateer on our commerce. The immense revenue which we now receive would be much diminished, as would be the profits of our valuable productions. The war would prdbably soon be- come general ; and we do not foresee that we should have a single power in Europe on our side. Why risk these con- sequences? The events which have occurred in both the Floridas show the incompetency of Spain to maintain her authority; and the progress of the revolutions in South America will require all her forces there. There is much reason to presume that this act will furnish a strong in- ducement to Spain to cede the territory, provided we do not wound too deply her pride by holding it. If we hold the posts, her government cannot treat with honor, which, by withdrawing the troops, we afford her an opportunity to do. The manner in which we propose to act will exculpate you from censure, and promises to obtain all the advantages which you contemplated from the measure, and possibly very soon. From a different course no advantage would be likely to result, and there would be great danger of ex- tensive and serious injuries."^ In a similar vein Calhoun wrote to Jackson : "A war with Spain, were it to continue with her alone, and were there no great neutral powers to avail themselves of the opportunity of embarrassing us, would be nothing. But such a war would not continue long without involving other parties, and it certainly would in a few years be an English war " 2 Gallatin, then our minister at Paris, had written that the capture of Pensacola and the execution of the two Englishmen, as well as that of the Indian chiefs, had excited 1. Monroe to Jackson, July 19, 1818. 2. Calhoun to Jackson, Sept., 1818. Adams Versus De Onis 295 in France and even in other parts of Europe "sensations peculiarly unfavorable" to the United States. To Rush, at London, Adams wrote : "The impression produced upon the public mind in England, throughout Europe, and even partially in this country has been, that this was, on our part, a wanton and unprovoked war upon the Indians and that the execution of Arbuthnot and Ambrister were acts of sanguinary cruelty in violation of the ordinary usages of war." 1 Pizarro, commenting upon the Florida affair, referred to the executions as an "act of barbarity glossed over with the forms of justice and therdby rendered, on considering the nature of the plan and other circumstances, a refine- ment of cruelty." On the whole he had concluded "that it appears that a forcible occupation was preferred to a peaceful acquisition — no claim to the territory invaded by General Jackson, whether founded or unfounded, has been advanced by the American government — no revolu- tion of the inhabitants real or supposed offered a pretext — no previous aggressions by banditti, as was urged on the otecasion of the unjust occupation of Amelia Island." ^ There could be no doubt in their eyes that the invasion of Florida "was a premeditated act of hostility" and that "Gen- eral Jackson, trampling under foot all laws, has committed in the territory of his Majesty outrages and excesses, of which there are few examples in the civilized world." "It will," Pizarro continued, "one day or other be stated with surprise that the theatre o.V such devastation and unpro- voked offense, in the midst of peAce, was the very same, on which Spain, not many years since, shed her blood and poured out her treasures for the United States in the il. Vol. VIII, Instructions, pp. 204-)20'5, J. Q. Adams to Richard Rush, Dec. 1, 1818. i2. Letters from Ministers Abroad, Vol. XVI, Pizzaro to Erving. Aug. 29, 1818. 296 The Purchase of Florida days of their calamity."^ Spain had protested to France, England, and other continental courts against the conduct of Jackson and the action-of the United States. Adams in his valuaible diary refers to an interview with Bagot upon the execution of Aributhnot and Ambrister in which some quotations were made from Jackson's letters. "He (Bagot) said," writes Adams, "he should think little of anything said or written by General Jackson because he thought there were evident marks in his conduct of personal bitterness and inveteracy." In September, Pizarro and the other ministers, as a result of a court intrigue, were dismissed and banished and Casa D'Yrujo named as foreign minister in his -stead. On Pizarro, Erving commented, "his intelligence and good sense, his moderate and conciliatory temper and his honor and good faith recommended him to every one — no Spanish minister of late years has done so much to repair the dis- ordered state of affairs as he has done, and none has re- ceived more marks of the satisfaction of the foreign cabinets with whom he has treated." Of the new minister, Erving wrote, "I expect no good from D'Yrujo in our affairs and shall be very happy if I can only keep him from undoing whatever Pizarro has done favorable to an amicable ad- justment of them." 2 For reasons of public policy, France had been anxious to secure a friendly settlement between Spain and the United States and thus prevent hostilities. Again then did European complications and dynastic aliances come to the rescue of the United States and prevent awkward compli- cations. "France," wrote Erving to Adams, "is very reasonably alarmed at the least symptom of discord any- where. It knows that the smallest spark may produce con- 1. Letters from Ministers Abroad, Vol. XVT, Pizzaro to Erving Aug. 11, 1S18. 2. IMd., Erving- to J. Q. Adams, iSept. 20, 1818. Adams Versus De Onis 297 flagration and that France is most combustible. The evacu- ation of the allies cannot but increase that tremor ; not like besotted Spain who has flattered herself so long that she was under the protection of a special providence, who has expected support from all quarters and has relied with entire confidence on that of England, the enlightened government of France sees that in the event of a rupture between the United States and Spain, the natural progress of things will necesarily lead to an alliance or at least to a very dangerous concert of measures 'between the United States and Great Britain. The separation of the congress of Aix- la-Chapelle without the least demonstration of a disposition to listen to the 'jeremlades' of Spain naturally confirms this apprehension. This then is probably the most favor- able moment for treating with Spain which has yet occurred, and I do not doulbt but that even Mr. Casa D'Yrujo is no'w fully convinced of the necessity of making what he would consider considerable sacrifices to procure an arrangement." ^ 1. Letters from Ministers Ajbroad, Vol. XVI, Brving to J. Q. Adams (private), Oct. 2,2, 1818. CHAPTER X. the; tre;aty of 1819. IN accordance with our agreement, the Spanish posts, which had been captured by Jackson, were deHvered over to the proper officials. It might seem at first, that the reoccupation of Florida by the Spanish was a mere matter of form in which a proud and sensitive nation consulted its dignity and satisfied its honor by being placed in a position to make a voluntary sur- render of the province instead of submitting to a conquest. The course of Jackson had wounded her pride and exposed her weakness to the world. But the delay of Spain in ratifying the treaty, after the pressure of conquest had been removed, forces us to the conclusion that the mailed fist of Jackson was as much responsible for its final cession as the diplomatic pen of the secretary of state. Enraged and humbled Spain, and rapacious and de- termined United States — these Adams must bring together and that too when there was so much of wrong on both sides and such realm for honest differences. Nor was De Onis unworthy of Adams's mettle. Of him we read Adams's opinion : "Cold, calculating, wily, always commanding his temper, proud because he is a Spaniard but supple and cun- ning, accommodating the tone of his pretensions precisely to the degree of endurance of his opponents, bold and over- bearing to the utmost extent to which it is tolerated, care- less of what he asserts or how grossly it is proved to be un- The Treaty of l8ig 299 founded, his morality appears to be that of the Jesuits as exposed by Pascal. He is laborious, vigilant, and ever attentive to his duties ; a man of business and of the world." We are inclined to wonder whether this was not written by an irritated author after a long hard day of unsuccessful attempt to persuade the skillful Spaniard. But De Oni'S was scarcely less solicitous than his adver- sary for a treaty and certainly the difficulties which he en- countered were no less grave. He was anxious to return home and to crown his mission to this country by a treaty which would be acceptable to his king and becoming to his fame. The Spanish noibles, three thousand miles away, were unable to appreciate the true situation. Arrogance and Spanish strength had not declined pari passu. The concessions demanded by the United States were to them humiliating and intolerable. De Onis must have been often exasperated and discouraged, for, after a long attempt to persuade Adams to meet him on a boundary line, he de- clared that he had taken infinite pains "to prevail upon his government to come to terms of accommodation, and insisted that the king's council was composed of such ignor- ant and stupid niggards, grandees of Spain, and priests," that Adams "could have no conception of their obstinacy and imbecility." In October of 1818 De Onis informed Adams of the arrival of new instructions, and offered as the western boundary a line from the Gulf of Mexico between the Mer- menteau and Calcasieu rivers to the Red River at latitude 32°, thence due nortli to the Missouri and along that river to its source. ^ 1. De Onis to Adams, Oct. 24, ISIS : "A line beginning on the Gulf of Mexico between the rivers Mermenteau and Calcasieu follow- ing the Arroyo Hondo between the Adaes and Natchitoches, crossing the Rio or Red River at 32° of latitude and 93° of longitude from Lon- don — and thence running directly north, crossing the Arkansas, White and Osage rivers and then following the middle of that river to its source." 300 The Purchase of Florida This, the first sign of concession on the part of Spain, was met by an offer on the part of the United States, which, abandoning the Rio Grande, proposed the Sabine from its mouth to 32° ; a line due north to the Red River ; the channel of that river to its source in the mountains, then to the summit and along the crest to latitude 41" and by it to the Pacific Ocean. De Onis, accepting the Sabine line, declared that he had no authority to go to the Pacific whereupon Adams withdrew his offer and declared that the United States stood by the Rio Grande. A further difficulty presented itself in the question of the grants of land which had been made in Florida. Adams wrote to De Onis that the United States could not "recog- nize as valid all the grants of land until this time, and at the same time renounce all their claims and those of their citizens for damages and injuries sustained by thean and for the reparation of which Spain is answerable to them. It is well known to you, sir, that notice has been given by the minister of the United States in Spain to your govern- ment that all the grants of land alleged to have been made by your government within those territories must be can- celled, unless your government should provide some other adequate fund from which the claims ... of the United States and their citizens may be satisfied." ^ The United States in return for the cession of Florida, would exonerate Spain from all claims and agree to make satisfaction for them to an amount not exceeding five million dollars — the amount and validity of the claims to be determined by a commission which should meet at Washington within three years. De Onis replied that the demand that the Spanish land grants in Florida after 1802 be declared null and void, was "offensive to the dignity and imprescriptible rights of the 1. Adams to De Onis, Oct. 31, 1818, Vol. II, Foreign Legations, p. 360. The Treaty of l8ig 301 crown of Spain" which, as the legitimate owner of both Floridas, had a right to dispose of those lands as it pleased — and further as the said modification would be productive of incalculable injury to the bona fide possessors who have .acquired, settled, and improved these tracts. However he agreed that the grants made since January 24, 181 8, "the date of my first note announcing his Majesty's willingness to cede them to the United States . . . shall be declared null and void in consideration of the grantees not having com- plied with the essential conditions of the cession, as has been the fact." ^ The question of the South American colonies was like- wise an embarrassing feature in the negotiations. Monroe was anxious not only to recognize the revolted provinces of Spain, but also to persuade England and other European countries to take the same step. Under date of July 25, 1818, we find the following entry in the diary of John Ouincy Adams: "Two days ago he (Monroe) had very abruptly asked me to see Mr, Bagot and propose through him to the British government an immediate co-operation between the United States and Great Britain to promote the independence of South America. 'All South America and Mexico and the islands included.' I told him I thought Great Britain was not yet prepared for such a direct propo- sition." The first of the following year representations were made to the English government upon this subject. These consisted of a statement of the attitude of this country toward the belligerents and an efifort to secure some con- certed action in the matter. Adams declared that it was the purpose and the policy of this government to "remain neutral;" to award to both of the contestants "equal and the same treatment, recognizing neither the supremacy 1. Vol. V, Foreign Relations, De Onis to S. Q. Adams, Nov. 16, 1818. 302 X\he Purchase of Florida contended for by Spain nor the independence contended for by the South Americans." An entire equality of treatment was not possible. As Spain, being an acknowledged sover- eign power, has "ministers and other accredited and privi- leged agents to maintain her interests and support her ri'ghts," the American government considered it among the obligations of neutrality to obviate this inequality and "we listen therefore to the representations of their deputies or agents and do them justice as much as if they were formally accredited." Adams had the grace to admit that "by acknowledging the existence of a civil war the right of Spain as understood by herself is no doubt affected. She is no longer recognized as the sovereign of the provinces in revolution against her." This state of things was declared to be merely tem- porary. Any guarantee of the restoration of Spanish sov- ereignty in South America on the part of the allied powers would have been a departure from neutrality by them. No mediation ought to be undertaken without the consent of both parties in the contest. "Whether we consider the question of the conflict between Spanish colonial dominion and South American independence upon principles, moral or political, or upon those of the interest of either party to the war, or of all other nations as connected with them, whether upon grounds of right or of fact, they all bring us to the same conclusion that the contest cannot and ought not to terminate otherwise than by the total independence of South America. . . . Convinced as we are that the Span- ish authority can never be restored at Buenos Ayres, in Child, or in Venezuela, we wish the British government and all the European allies to consider how important it is to them, as well as to us, that these newly formed states should be regularly recognized," both because of their just right to such recognition, and that they may be held to an observation of the rules of the laws of nations. For that The Treaty of 18IQ 303 course seemed to present the only effectual means of "re- pressing the excessive irregularities and piratical depreda- tions of armed vessels under their flags and bearing their commissions. ... It is hardly to be expected," declared Adams, "that they will feel themselves bound by the ordi- nary duties of sovereign states while they are denied the enjoyment of all their rights." The letter then stated the determination of President Monroe to recognize the govern- ment of Buenos Ayres "at no remote period" and concluded that, "if it should suit the views of Great Britain to adopt similar measures at the same time and in concert with us, it w411 Ibe highly satisfactory to the president." ^ After the refusal of De Onis to accept the Sabine bound- ary proposition in full, there was a lull in the negotiations. Early in January the president and his cabinet conferred upon the advisability of securing from congress an act authorizing the seizure of Florida upon certain contin- gencies. The secretary of state favored such a bill and desired that it should extend to the power of taking and holding the entire province, "in the event of any further failure on the part of Spain to fulfill her engagement of re- straining by force the Indians within her territory from hostilities against the United States, formal notice having been given her that such would be the result." Crawford declared that it would give the nation the appearance of acting in bad faith and lose the credit we had obtained in Europe by restoring the places captured by General Jackson. Calhoun did not consider the necessity sufficiently urgent. That to suppose Spain unable or unwilling to fulfill her treaty engagements would be, in the least, insulting. That congress ought to "pass laws only upon existing facts and not upon speculative anticipations." 1. Vol. VIII, Instructions, p. 296. J. Q. Adams to Richard Rusti, Jan. 1, 1819. 304 The Purchase of Florida Wirt stated that if it were res Integra it might be rn^ suiting to Spain to assume that she would not fulfill her treaty, and asked if all prospect of obtaining Florida by an arrangement seemed hopeless. Adams answered in the affirmative unless such a law should pass ; that that might bring Spain to it but that nothing else would. The matter was then laid aside for future consideration. ^ Agreeably to his instructions and the policy of his government, Hyde de Neuville, the French minister at Washington, took a warm interest in the negotiations. He served as a channel of communication and carried proposi- tions and counter-propositions, arguments and denials be- tween the two negotiators — messages which could pass better through a third party than directly fro-m hand to hand. He even expostulated and argued in turn with De Onis and with Adams imploring the one to yield a point, the other to be reasonable in his demands. England's prof- fered services were rejected. Adams neither needed nor desired any mediation. He was willing to take upon him- self the entire responsibility for the success or failure of his efforts. But Adams was forced to contend with lukewarm sup- port, nay even active opposition in his own ranks. Craw- ford, apart from seeking to disgrace Jackson and thus make him an impossibility for the presidency, sought steadily to discourage a Spanish treaty on the ground that, if it were a success, it would add too much strength and popularity to Monroe's administration. This secretary of the treasury, of whom Adams said, "He has a talent for intrigue only," did not hesitate to intimate indirectly to De Neuville and De Onis that the French should demand special commercial privileges in Louisiana, and that Spain should insist upon a boundary line west of the Mississippi more favorable to her than that offered by Adams. The cabinet of Monroe at 1. J. Q. Adams's Diary, Jan. 2, 1819. The Treaty of iSlQ 305 that time was innately vicious, the various members fighting the administration and one another, all playing for the presidential stake, utterly indifferent to the demands of the country and the pledges of their oaths. There was every reason to expect that Clay would fight any treaty which did not satisfy the wildest demands of the United States and of his romantic mind. Crawford desired to see Adams fail in his negotiations or conclude an unpopular treaty. In Spain, D'Yrujo, the foreign minister, was hostile to the United States, and was still controlled by the "unex- tinguished rancorous feelings ... of ancient date." The king was probably more anxious for a treaty and more ready to make the necessary sacrifices to obtain it, than any member of his council. Erving wrote home that however sincere may be the disposition of the Spanish government to treat at that time, a dissolution of congress before a treaty was concluded, "or without taking some very strong reso- lution with regard to the Floridas," would produce a most unfavorable change. If the independence of the South American colonies should be acknowledged the greatest evil which Spain apprehended would thus come to pass, and the temptation to any sort of an arrangement would be diminished. Should the independence not be acknowledged and the Floridas be restored, Spain would "lapse into se- curity or indifference, " for twelve months would thus be gained for the operation of chances in her favor. "But in either of the supposed cases," concluded Erving, "should the president be authorized to take and to hold possession of the Floridas till the claims of the United States ibe satisfied, this pressure may produce a final adjustment." ^ In January, 1819, De Onis, announcing the receipt of new instructions, offered the old line to the source of the Missouri, with a new one thence to the Columbia, and so to 1. Vol. XVI, Letters from Ministers Albroad, Erving to J. Q. Adams, Jan. 4, 1819. 90 3o6 TMie Purchase of Florida the sea. Monroe anxious for a treaty — though long m accord with Adams — as De Onis gradually conceded point by point, began to fear lest Adams by insisting on extreme measures would not only fail in a treaty but might invite war. But Adams seems to have correctly measured the exact line to which the pressure of Spanish misfortunes would compel De Onis to advance. Gradually yielding, but bit- terly protesting, and imploring Adams to concede here or there and advance to meet him, the Spanish minister slowly approached the demands of our secretary of state. Yet so slowly was this done that we find Adams noting in his diary that he "could not express the disgust with which he was forced to carry on a correspondence with him upon subjects which it was ascertained that we could not adjust." And even saying to De Onis that he "was so wearied out with the discussion that it had become nauseous," and that he "really 'could discuss no longer and had given it up in despair." ^ And yet during all this time the other members of the administration and the members of congress talked freely both with De Neuville and De Onis intimating how far they may urge their pretensions and how far we might "be prevailed upon to concede." ^ There were many alarming pauses and Adams was ever anxious as to the outcome and fearful lest De Onis might make a firm stand and refuse absolutely to yield more. But as they approached nearer to an agreement Adams records that the president was inclined to give up all that remained in contest. On February ii, Monroe declared decidedly for agreeing to the 100° of longitude and 43° of latitude and taking the middle of the rivers (Arkansas, Red, and Multnomah). The other members of the administration all inclined the same way, but Adams was convinced that more might be obtained by adhering 1. Adams's Diary, Feb. 11, 1819. 2. IMd., Feb. 15, 1819. The Treaty of 18IQ 307 steadily to our demands. ^ De Onis objected strongly to having the United States name five million dollars in the treaty, to he paid for claims, lest it should appear that he was selling Florida for that sum, while it was worth ten times that amount; that to name that figure would arouse indignation in Spain and endanger the ratification of the treaty. ^ The proposed line of De Onis to the South Sea was the beginning of the end. For each receded gradually until on the twenty-second of February, 1819, the two negotiators signed and sealed the counterparts of the treaty — consum • mating the diplomatic efforts of this country for nearly a score of years. The result justified Adams and was a great personal triumph, although Erving is authority for the statement that the Spanish cabinet was "highly delighted with the treaty." ^ No concession had been made except as to accepting the Sabine as the boundary. The United States received the Floridas in return for an agreement to settle the disputed claims of certain of her citizens against Spain to an amount not more than $5,000,000; while the Spanish claims against the United States, provided for in the con- vention of 1802, were wholly expunged. The western boundary secured for this country the coveted outlet to the shbres of the "South Sea." The line ran along the south banks of the Red and Arkansas rivers leaving all the islands to the United States, although granting to Spain a common right of navigation. Let us quote from the famous diary under date of February 22, 1819: "It was near in the morning when I closed the day with ejaculations of fervent gratitude to the Giver of all good. It was, perhaps, the most important day 1. Adams's Diary, Feb. 11, 1S19. 2.. Ibid., Feb. 15, 1819. 3. Vol. XVI, Letters from Ministeirs Abroad, Brving to J. Q. Adams, April 2 8, 1819. 3o8 The Purchase of Florida of my life. What the consequences may be of the compact this day signed with Spain is known only to the all-wise and all-beneficent Disposer of events, who has brought it about in a manner utterly unexpected and by means the most extraordinary and unforeseen. Its prospects are propitious and flattering in an eminent degree. May they be realized by the same superintending bounty that produced them. May no disappointment embitter the hope which this event warrants us in cherishing, and may its future influence on the destinies of my country be as extensive and as favora- ble as our warmest anticipations can paint. Let no idle and unfounded exultation take possession of my mind, as if I could ascribe to my own foresight or exertions any portion of the event. It is the work of an intelligent and all-embracing cause. May it speed as it has begun, for without a continuation of the blessings already showered down upon it, all that has been done will be worse than useless and vain. "The acquisition of the Floridas has long been an ©"bject of earnest desire to this country. The acknowledg- ment of a definite line of boundary to the South Sea forms a great epoch in our history. The first proposal of it in this negotiation was my own and I trust it is now secured beyond the reach of revocation. It was not even among our claims by the treaty of independence with Great Britain. It was not among our pretensions under the purchase of Louisiana — for that gave us only the range of the Missis- sippi and its waters. I (first introduced it in the written proposal of 31st October last, after having discussed it verbally both with De Onis and De Neuville. It is the only peculiar and appropriate right acquired by this treaty in the event of its ratification." A protest against the treaty, particularly against the boundary line, appeared the folloAving day in one of the Washington papers, and was believed to have been written The Treaty of iSlQ 309 or inspired by Clay. However his opposition was practi- cally without effect, and on the twenty-fourth the treaty was unanimously ratified. It was proclaimed a day later by President Monroe. But troubles soon appeared. In February, 1818, while the negotiations for the cession of the Floridas were under way, Erving wrote to Madison that the king had made three vast grants of land in that province — one to the duke of Alagon, captain of the bodyguards ; another to the Count •de Punon Rostro, one of his Majesty's chamberlains ; the third, which it was believed contained all the land in Florida and the adjacent islands not already disposed of, was to Don Pedro de Varges, the treasurer of the household. There can be no doubt that this was a highly disgraceful act of bad faith and that the intention of the king was to deprive the United States of the ownership of the crown lands. Adams, with these grants in mind, we will recall, had insisted in October of 1818 that all grants made since 1802 in the Floridas should be declared null and void. De Onis in a counter-proposition suggested rather the date of January 24, 1818, that being the date when Spain first expressed her willingness to cede the Floridas. Adams finally accepted this date, but not knowing the exact date of the grants referred to 'hj Erving, distinctly declared to De Onis that he did so with the express understanding that these three grants should be held void. Adams cannot foe absolved from blame, for he was undoubtedly guilty of carelessness in not examining the original grants. He accordingly wrote to De Onis that he understood it to be the intent of the treaty to nullify the grants. De Onis at first evaded and quibbled, but a few days later he candidly declared that it was his understanding that these three grants were, by the eighth article of the treaty, to be null and void whatever their dates may have been. 3IO The Purchase of Florida In April, in consequence of a long expressed desire, the Chevalier de Onis returned home and was succeeded at Washington by General Don Francisco Dionisio Vives. On the twenty-ninth of April Erving held his farewell audience with the king and princes of Spain and gave way to his successor, John Forsyth of Georgia. ^ That no doubt might exist upon the point of the land grants, Forsyth received special instructions to deliver a written declaration upon the subject when he exchanged the ratifications of the treaty. On reaching Madrid, in May, he applied to Marquis Casa d'Yrujo for a date for exchanging ratifications. Receiving no reply, he wrote again, two weeks later, reminding him of the presence of the sloop of war, "Hornet," in the harbor of Cadiz, that the time for her departure was nearly at hand, and that if she returned without the ratified treaty a most unfavorable im- pression would Ibe created in the United States. ^ This brought a reply. "The importance of the treaty made nec- essary an extended deliberation on the part of the king." ^ Before a decision could be reached there must be cer- tain explanations on the part of the United States ; that a person enjoying the fullest confidence of his Majesty would be sent to Washington for that purpose. August twenty-second being the last day on which, by the terms of the treaty, ratifications could be exchanged, Forsyth served formal notice on the twenty-first, that matters were in precisely the same condition as before the consummation of the convention, and the United States were free to enforce and maintain their claims in such manner as might seem best. In the meantime the "Hornet" «had reached the United 1. Forsyth as a member of the senate was ever inveterate in his attacks upon General Jackson for his course in Florida. 2. Forsyth to D'Yrujo, May IS and June 4, 1S19. 3. Gonzales Salmon to Forsyth, June 19, 1819. The Treaty of 18IQ 311 States. Full instructions were dispatched to Forsyth. The United States would hold Spain responsible "for all dam- ages and expenses which may arise from the delay or refusal of Spain to ratify, and from the measures to which the United States may resort to give efficacy to their rights, and that for the indemnities to which they will be justly entitled for this violation of faith by Spain, the United States will look to the territory west of the Sabine River." From the powers given to De Onis, after the signature of that min- ister and the ratification of the United States the treaty was as binding upon the honor and good faith of the Span- ish king and nation as it would be after its ratification by the king. De Onis had declared that he was ashamed that the grants had been made and wished them declared void be- cause of certain remarks publicly made that he was per- sonally interested in them. These grantees were not named in the treaty (i) to save the honor of the king, and (2) because there were other grants made at the same time and to have named these would presumptively have raised an inference in favor of others. De Onis had expressly stated (i) that the grants in question were all, in his belief, in- cluded among those positively annulled by the date of Jan- uary 24, 1818; (2) that these grants had been made by the king with the view of promoting population, cultiva- tion, and industry, and not with that of alienating the terri- tory and, (3) that the grants were all null and void because the grantees had not complied with the essential conditions of the grants. Adams continued : "When the government of a nation degrades itself by flagrant and notorious perfidy, those who are constrained to entertain political relations of neighibor- hood are justified by the law of nature, and it is their duty to themselves in subsequent transactions with such a state, to take pledges of security for the performance of its en- 312 T\he Purchase of Florida gagements more effectual than confidence in its good faith. Such pledges are amply within the reach of the United States, in their intercourse hereafter with Spain, nor is it to be presumed that those who are entrusted with the main- tenance of the rights and interests of this nation, will over- look or neglect the duty which may be devolved upon them of taking them." ^ Forsyth was also to announce that, although six months had elapsed, the ratification by Spain would still be received on two conditions. It must be within one week, and must be accompanied by the avowal that the three land grants in question were null and void. This demand having been explicitly stated, the note was returned to Forsyth with the statement that it could not be laid before the king. Forsyth insisted that it be delivered, and v/rote to Adams that in the event of its failing he should leave Madrid. ^ The situation was now considered so critical that Count Bulgary, the Russian charge d'affaires, was sent to explain matters and request that the returned note be withheld, and to say that a minister would be immediately sent to the United States to ask for certain explanations. The minister selected for this mission was Mariscal de Campo Don Fran- cisco Dionisio Vives and with his departure Forsyth was notified that all discussion of the difficulty at Madrid must cease. Vives with the undoubted purpose of consuming as much time as possible, traveled by easy stages from Madrid to Bayonne, thence to Paris, and from Paris to England, reaching the United States in April, 1820. 1. Vol. Villi, Instructions, p. .343, J. Q. Adams to Forsyth, Aug. 18, 1819. See also De Onis to Adams, Oct. '2:4, 1'818, and answer Oct. 31, 1818. De Onis to Adams, Nov. 16, 1818. De Onis to Adams. Feb. 9, 1819. Adams to De Onis, Feb. 13, 1819. 2. Forsyth to Duke of San Fernandino and Quirago, Oct. 18, 1819. Answer to Forsyth, Nov. 12, 1819. Forsyth to Duke of San Fernandino, etc., Nov. 20, 1819. Forsyth to Adams, Nov. 27, 1819. The Treaty of l8ig 313 In the United States the course of Spain aroused in- tense indignation. There was a wide feehng that the Unit- ed States should forcibly possess Florida, that Spain had paltered long enough with us. Adams, long before desir- ous of an act of congress authorizing the seizure of Florida and Galveston, now thoroughly indignant, advised that the United States prepare at once to take and hold the disputed territory and some undisputed territory as well. Monroe and the other members of the cabinet advocated a milder course. France and England expressed hopes to this coun- try that no violent action would be precipitately taken. The agitation of the slavery question, already exerting a great power in American politics, had its influence on the still pending and rather dubious Spanish treaty. The south was desirous of seizing not only the Floridas but as much as possible towards Mexico to carve into more slave states. But the north was no longer eager for an extension of the Union on the southern side. Sectional predominated national interests. The question was not without its effect upon the presidential aspirations of Adams. Poor Spain, with her vast American empire in open and successful revolt, was in no humor to add to her losses by the cession of Florida. The announcement that a special envoy would be sent to the United States to treat further in the case created, in this country, a sensation of the most profound disgust. Jackson, fuming at the Spanish breach of faith, wrote to Senator Eaton : "I deprecate the idea of v^raiting longer for an explanation from unfaithful Spain. Can we. receive a minister from that power, under present circumstances, without compromising in some degree our national character ? Under the bad faith of Spain, as I believe, the only good explanation that can be given is from the mouth of American cannon." ^ The general was ex- 1. Jackson to Eaton, Dec. 28, 1819. 314 T^he Purchase of Florida pecting soon to have the pleasure of leading another ex- pedition into Florida. ^ In April of 1820, Vives arrived in Washington and immediately addressed Adams upon the reasons which had induced the delay in ratifying the treaty. The sys- tem of hostility so prevalent in many parts of the Union against the Spanish dominions was a cause of grave dis- satisfaction. The "scandalous system of piracy" carried on from the ports of this country induced Spain to de- mand: That satisfactory and effectual measures be taken to repress "the barbarous excesses and unexampled depre- dations committed upon Spain, her possessions and prop- erties; that in order to put an entire stop to any future armaments and to prevent all aid whatsoever being afforded from any port of the Union which may be intended and employed in the invasion of the possessions of his Catholic Majesty in America, the United States will agree to give security that their integrity shall be respected. And finally that they will form no relations with the pretended govern- ments of the revolted provinces of Spain lying beyond the sea, and will conform to the course of proceeding adopted in this respect by other powers in amity with Spain." In addition Vives took occasion to comment upon the "dis- respectful" manner in which Forsyth had conducted him- self in Madrid. ^ During the interim between the departure of De Onis and the arrival of Vives, the charge of the Span- ish legation had constantly complained of the filibustering expeditions from the ports of the United States and of the vessels which had been brought into our ports and adjudi- cated prizes. Strong proofs were also presented of the connivance of the American officials and men-of-war. :i. In January, 1819, even, Jackson had considei-ed the plans for another attack upon Florida, and was making preparations with that in view. Gaines to Jackson, Jan. 16, 1819. '2. (Eton Vives to J. Q. Adams, Volume VI, Foreign Relations, April 14, 1820. The Treaty of iSlQ 315 Adams, in reply to the representations of Vives, as- serted that by the universal usage of nations nothing could release a sovereign from the obligation to ratify such a treaty except the proof that his minister, empowered to conduct the negotiations, had been faithless to his trust by transcending his instructions — that this the Spanish king did not even allege. ^ To this contention Vives took exception and declared that there might be other reasons sufficiently valid to exon- erate a sovereign from the obligation of ratifying a treaty. "The scandalous proceedings of a number of American citizens ; the decisions of several of the courts of the Union and the criminal expeditions set on foot within it, for the invasion of his Majesty's possessions in North America, when the ratification was still pending, were diametrically opposite to the most sacred principles of amity and to the nature and essence of the treaty itself. ... So that the belief generally prevailed throughout Europe that the rati- fication of the treaty by Spain and the acknowledgment of the independence of her reibellious trans-Atlantic colonies by the United States would be simultaneous acts. ... It is therefore," he concluded, "not possible to assign reasons more powerful or more completely justificatory of the sov- ereign resolution of the king to suspend his ratification of that instrument." ^ Vives was told in reply that the representations made to his government of the hostility of our courts, people, and administration were unfounded. That in the war between Spain and her South American provinces an impartial neu- trality had been constantly avowed and faithfully maintain- ed. That whenever the laws enacted for the preservation of neutrality were found defective they had been strength- 1. Vol. II, Foreign Legations, p. 385, J. Q. Adams to Don Vives, April 21, 1820. 2. Vol. VI, Foreign Relations, Don Vives to J. Q. Adams, April 2i4, 1820. 3i6 The Purchase of Florida ened by new provisions. That Spanish property, illegally taken, had been constantly restored by the decisions of our tribunals and that even life itself had not been spared when individuals had been found guilty of piracy against Spain. "But that the United States would not contract any engage- ment with regard to the revolted provinces. That it would be inconsistent with the obligations of neutrality and had not been done even by any of the European nations, and further that the United States could not, "consistently with what is due themselves, stipulate new engagements as the price of obtaining the ratification of the old." That if tliere were any further delay in the ratification of the treaty by Spain this country could not hereafter accept either the five million dollars for indemnities nor the Sabine for the bound- ary line. 1 In answer to certain observations made by Vives upon the subject of our proposals to European powers for recog- nizing the South American colonies, Adams wrote : "The proposal which at a prior time had been made by the gov- ernment of the United States to some of the principal powers of Europe for a recognition in concert of the independence of Buenos Ayres was founded . . . upon an opinion then and still entertained that this recognition must and would, at no very remote period, be made by Spain herself. That the joint acknowledgment by several of the principal powers of the world at the same time might probably induce Spain the sooner to accede to that necessity in which she must ultimately acquiesce, and would thereby hasten an event propitious to her own interests toy terminating a struggle in which she is wasting her strength and resources without a possibility of success; an event ardently to be desired by every friend of humanity, afflicted by the continual horrors of war, cruel and sanguinary almost beyond example ; an 1. Vol. II, Foreign Legations, p. 387, J. Q. Adams to Vives, May 3, 1820. The Treaty of l8ig 317 event, not only desirable to the unhappy people who are suffering the complicated distresses and calamities of this war, but to all nations having relations of amity and com- merce with them. "This proposal, founded upon such motives, far from giving Spain the right to claim of the United States an engagement not to recognize the South American govern- ments ought to have been considered by Spain as a proof at once of the moderation and discretion of the United States; as evidence of their disposition to discard all selfish or exclusive views in the adoption of a measure which they deemed wise and just in itself, but most likely to prove efificacious by a common adoption of it, in a spirit entirely pacific, in concert with other nations, rather than by a precipitate resort to it, on the part of the United States alone." 1 Vives denied the assertion that the laws of the United States were or had been competent to prevent the excesses of which he had complained, and asserted that the Euro- pean nations so far from being disposed to recognize the insurgent governments of South America, had declined the invitation thus extended. He further declared that the question of the land grants had not been the chief motive for suspending the ratification of the treaty, but rather the question of the South American provinces. "I shall sub- mit it," he concluded, "to the general sense of the reflecting part of mankind to decide whether the reasoning you rely on to show the motives of the American government for proposing to the powers to acknowledge the revolted prov- inces of Spanish America and in exhibiting them as favor- alble not only to suffering humanity but to the interests of Spain herself, is not in the highest degree specious. For if such maxims were to be adopted, nations could no longer 1. Vol. II, Foreign Relations, p. 398, J. Q. Adams to Don Vivea, May 8, 1820. 3i8 Tihe Purchase of Florida count upon the integrity of their possessions or on the maintenance of that mutual amity and good understanding which it is equally their duty and their interest to cultivate in their mutual relations." ^ In the meantime, by a change in the government of Spain, and the adoption of a constitution, the sovereign was prohibited from alienating any portion whatever of the Spanish territory without the consent of the cortes. Vives informed Adams that the king would lay the treaty before that body at its next meeting in July. ^ Adams maintained that the solemn pledge of the nation had already been given before the change and could not be affected by any subsequent engagement of the king. Forsyth was in- structed to manifest no peculiar earnestness to obtain the ratification ; but to announce that, in the event of further delay, an additional provision for indemnity would be de- manded and that the right of the United States to the western boundary of the Rio del Norte "will be re-asserted and never again relinquished." ^ On the ninth of May the papers on the Florida treaty were sent to both houses of congress. Adams had as- sumed an air of effective indifference. In view of the prevailing public opinion, the secretary of state maintained a decisive bluntness and stubbornness scarcely calculated to invite further discussion. Spain might make the treaty or take the consequences, and congress was about to declare upon the consequences. No other course than this obvious indifference could have been more effective. In congress the question went over to the next session, but in the house much had already beerl said on the sub- ject. Several attempts had been made to secure vigorous action. A member from Virginia, impressed with the idea 1. Vol. VI, (Foreign Relations, Vives to Adams, May 5 and 9, 18'20. 2. Ibid., Vives to Adams, May 2,8, 1820. 3. Vol. IX, Instructions, p. 7, Adams to Forsytii, May 25, 1820. The Treaty of l8ig 319 that De Onis had been authorized to cede more territory than provided in the treaty, moved that the president be asked to inform the house how much the Spanish minister had been empowered to cede. At one time the committee on foreign affairs reported a bill authorizing the president to take possession of both East and West Florida, and if nec- essary to use the army, navy, and militia. The motion and bill were both ignored and, as the house shovi^ed a strong disposition to do nothing, Clay made a vigorous attack on the treaty. He introduced two resolutions which were referred to the committee of the whole. The first declared that, by the constitution, congress alone had the power to dispose of territory belonging to the United States and that no treaty alienating any part thereof was valid unless approved by congress. The second declared that as the equivalent of- fered by Spain for the territory of the United States west of the Sabine was inadequate, it would be inexpedient to re- new the treaty. Clay declared that he did not desire to re- new a discussion of the treaty making power. But as con- gress alone had power to dispose of the territory of the United States, and, as the constitution contained specific grants of power to congress, they controlled, and it must follow that no treaty disposing of territory could be valid without the consent of the house as well as the senate. A treaty fixing limits or establishing boundaries might be valid without the intervention of the house. The treaty of 1794 with England had done so. So had that of 1795 with Spain. And the provisions of the treaty of Ghent for determining the northeast boundary of Maine — they did not mark out a new boundary, they merely established or proclaimed the location of the old line. The Florida treaty differed from these. It had fixed a new and arbitrary line wjtjjp^. large cession of territory to Spain. "What do we get for Florida?" demanded Clay. "We get Florida loaded 320 Tlhe Purchase of Florida and encumbered with land grants which leave scarcely a foot of soil for the United States. What do we give? We give Texas free and unencumbered. We pay five mil- lion dollars and we surrender all our claims for damages not included in that five million dollars." Several 'members replied to Clay asserting that Texas had always been disputed territory, and that our claim to it had always been questionable. That Clay's construction of the treaty making power would prevent any question of limits ever being settled without the consent of the house, as such questions always involved the cession of territory by one or both parties. The resolutions failed to pass the committee of the whole, and the question was dropped for the time. Monroe in his message transmitting the corre- spondence with General Vives had requested that no ac- tion be taken till Spain had once more been heard from. With this congress willingly complied, though many radi- cals were for forcing immediate action. While negotiations were pending Adams received little support in his efforts to push the boundary line westward. Monroe and the cabinet cared little for Texas. Jackson who was consulted, thought that the Sabine should be ac- cepted if thereby we could acquire the Floridas. His inter- ests were then centered in the Floridas and he was indiffer- ent as to Texas. Jackson afterwards denied this in a vio- lent and insulting manner. ^ In a letter to President Mon- roe, the general wrote : "I am clearly of your opinion that, for the present, we ought to be contented with the Floridas, .... With the Floridas in our possession, our fortifica- 1. In 1836 General Jackson denied having been consulted in re- gard to the boundary line. When told that Adams's diary showed that he had approved of the line of the Sabine, he vehemently replied : "His diary. Don't tell me anything more about his diary. Sir, that diary comes up on all occasions — one would think that its pages were as immutable as the laws of the Medes and Persians. Sir, that diary will be the death of me Sir, I did not see it ; I was not con- sulted about it." Vol. II, Parton's Life of Jackson, p. 587. The Treaty of iSlQ 321 tions completed, New Orleans, the great emporium of the West, is secure. The Floridas in possession of a foreign power, you can be invaded, your fortifications turned, the Mississippi reached, and the lower country reduced. Prom Texas an invading enemy will never attempt such an en- terprise. If he does, notwithstanding all that has been said on the floor of congress on this subject, I will vouch that the invader will pay for his temerity." ^ On the fifth of October Forsyth's efforts were rewarded by the Spanish cortes, who, after annulling the three land grants, advised the king to ratify the treaty, which he did October 24, 1819. At the same time the cortes declared that they "had observed with great mortification and pain that besides the alienation of valuaible provinces of the Spanish monarchy. .... the Spanish negotiator of the treaty had left altogether unprovided for and had renounced all the just claims of Spanish subjects upon the United States for which indemnity had been stipulated by the con- vention of 1802." 2 The treaty was ratified despite the opposition of Clay who had declared that Florida must come to us sooner or later ; "that ripened fruit will not more surely fall. Flor- ida is enclosed between Georgia and Alabama and cannot escape. Texas may," Only four votes were cast against it: Brown of Louisiana, a brother-in-law of Clay; Richard M. Johnson of Kentucky from mere political subserviency to Clay ; Williams of Tennessee from a violent hatred of Gen- eral Jackson ; and Trimble of Ohio from "some maggot of the brain." Mr. Benton was bitter in his regrets that the western boundary had not been extended much further westward into Texas. Besides cutting ofif Texas, the treaty, he de- clared, dismembered the Mississippi, mutilated two of its 1. Gen. Jackson to President Monroe, June 20, 1820. .2. Vol. VI, Foreign Relations, Memorandum of Interview between Adams and Vives, Feb. 12, 1821. n 322 The Purchase of Florida noblest rivers, and brought a non-slave-holding foreign do- minion to the neighborhood of New Orleans. He declared that "the Spanish government had offered us more than we had accepted" and that our policy and not hers had deprived us of Texas and the vast territory between the Red River and Upper Arkansas. Political considerations had entered into the question, for the repugnance in the northeast was not merely to territorial aggrandizement in the southwest but to the subsequent extension of slavery in that quarter. To prevent the slavery extension question from becoming a test in the presidential election was, he declared, the true reason for thus giving away Texas. But the treaty met with popular approval and Mr. Ben- ton was forced to admit that he stood "solitary and alone" in the matter, not a paper in the United States supporting his opposition. ^ Jefferson remained inflexibly opposed to its ratification. 1. Benton's Thirty Tears' View, Vol. I, p. 16. CHAPTER XL THE FLORIDA TREATY. EAST Florida was delivered by Governor Coppinger to Lieutenant Robert Butler of the United States army, July lo, 1 82 1, and on that day the Spanish flag was finally lowered from the walls of St. Augustine, where it had so long and so proudly waved. The stars and stripes announced the second acquisition to the young nation of the New World. Before the end of the cession during which the Florida treaty was ratified, congress did not have time to legislate for the new territory. An act was passed, however, ex- tending to it the revenue law and the laws against slave trade which had already existed in the United States. In April, General Jackson was appointed governor of Florida, possessing all the powers of the captain generals of Cuba and the Spanish governors of Florida, except those of grant- ing lands and laying taxes. An American governor under Spanish law, of American territory not under the consti- tution — an anomalous position pregnant with possibilities for complications of serious import. With what was at- tributed to the traditional Spanish policy, the actual ces- sion of Florida was not accomplished until July 17. In the meantime Jackson fumed, and his fury and his hatred for Spain and things and people Spanish increased in geo- metric proportion. 324 T'he Purchase of Florida In September through a trifling misunderstanding re- specting some papers in the hands of the Spanish officials, Jackson sent Callava, the Spanish commissioner, and sev- eral of his associates, to the calaboose in that same unrea- soning manner and with that same contempt for all law and form which had characterized his conduct of affairs in the Seminole war. Somebody had crossed his path and in- curred his wrath and that somebody must pay the penalty. Then Elgin Fromentin, judge of the western district of Florida, in due form issued a habeas corpus for Callava. Jackson's wrath knew no bounds. He summoned Fromentin, to show cause why he had not interfered with the governor and thus become liable. A stormy interview followed and each side sent a statement to the authorities at Washington. Meanwhile some of Fromentin's friends, with less discre- tion than loyalty, published a defense of the judge. Again Jackson waxed warm and they were ordered out of Flor- ida at four days' notice on pain of arrest for contempt and disobedience. Worthington, the secretary and acting governor of East Florida, was meanwhile em!broiled with Cop- pinger, the former Spanish governor, over papers which had been seized under Jackson's orders. These were a few of the problems which the headstrong Tennesseean prepared for his friends at Washington within six months' service. Small wonder that Adams dreaded the arrival of mails from Florida lest some new difficulty of Jackson's brewing be presented for solution. In fact his whole conduct, based only upon a snap judgment, was in open disregard and contempt of all diplomatic obligations, propriety, law, or procedure, and his course only failed of being atrocious by being ludicrous. ^ In short Jackson played the fool. Yet again his personal popularity saved him. But why have 1. For a detailed account of the whole miserable farce, see VoL II, Parton's Jackson, p. 6i3i8. The Florida Treaty 325 trusted so dangerous, so irresponsible a man in so delicate a position? Only because of his personal popularity we presume, for everybody had been taught what to expect of Jackson. When he was sent to Florida as governor there was ringing in Monroe's ears Jefferson's remark upon the subject of sending Jackson on the Russian mission, "Why, good God, he would breed you a quarrel (before he had been there a month." Yet he was sent south and the nation was made ridiculous in the eyes of the world. Now that Florida was actually ours, all reason for de- lay in recognizing the South American countries seems to have disappeared and in March, 1822, congress passed an appropriation for missions to these revolted provinces. ^ ;{; ^ ^ >ic Thus ends the history of the acquisition of Florida and our relations with Spain. No sooner were we a nation than we cast our eyes about. We coveted Florida, and we talked of manifest destiny, and the falling of ripened fruit, and eased our conscience by like casuistry. Spain was weak, she was entangled in the Herculean grasp of Euro- pean complications — all of which materially assisted this ever favorable manifest destiny. The nation's leaders, Hamilton, Jefferson, Madison, Monroe, Livingston, Pinck- ney, and a score of others all insisted that we must pos- sess the Floridas. They wanted Louisiana, they even talked of Mexico and South America — they were to be ours, peaceably if possible, forcibly if necessary. ^ True, we suffered much at the hands of Spain in our early years. She had sought to confine us to the Atlantic seaboard, and when that became impossible, she attempted to hold the east bank of the Mississippi and prevent the advance of the frontiersmen. She sought to seduce our Western territory from its connection with the Union, and 1. Hamilton in 1799 had considered the acquisition of Louisiana and the Floridas as "essential to the permanency of the Union." 326 T\he Purchase of Florida many of our officers, notably the contemptible Wilkinson, were guilty of corrupt connections with these plots. This not by way of justification — but England was doing the same thing and France was not innocent. Then we acquired Louisiana. France, admittedly, had no right to sell it to us, yet we desired it, it was possible to secure it, and so it became ours. Spain vigorously pro- tested but was obliged to acquiesce lest even worse mis- fortune come upon her. A strong, powerful nation we may well believe would have done something more than weakly protest. We were in a position to profit by the troubles of Europe and we cared naught for the ineffectual anger of deceived and injured Spain. And we must blush with shame when we note that the great Fisher Ames was not alone in thinking the purchase of Louisiana mean and despicable when the province might have been seized by violence — or to use the synonymous expression, have come to us by manifest destiny. To secure by purchase what might soon have yielded to force, they deemed cowardly and unstatesmanlike. Louisiana secured, we deliberately set about to acquire the two Floridas. We systematically stirred up trouble for Spain. We advanced a claim to West Florida that was wholly untenable. Spain, nay, all Europe, considered our pretensions founded on a sophistry in words, though there was an evident perspicuity in sense. Then we proceeded , to seize the territory by arms under the shameful pretence ■/ that we would give it up when we found the seizure wrong — a dangerous and astounding theory, supported neither by law nor morals. In 181 1 Congress passed a resolution and an act authorizing the seizure of the Floridas under certain contingencies, leaving the widest latitude to executive dis- cretion. This was a bold defiance of the law of nations and individuals. Spain had every right to either hold or sell her territory, and to whatever nation she pleased. The The Florida Treaty 327 United States forbade her doing either. We announced that we would wage war upon Spain if she attempted to sell, and upon whatever nation might become fhe vendee. Every American citizen knows in his heart that nothing of the kind would have been conceived or attempted if Spain had been able to defend by force her unquestionable rights. Nor did we stop there. To all intents and purposes we served notice upon her that she must dispose of the ter- ritory to us or prepare for war. We were determined to possess Florida. What did we offer in return? We would release her from the claim.s which we held against her. We presented huge bills for damages, many of which would never have been allowed in any court in this country. We held her responsible for the losses inflicted by French ves- sels and French prize courts after we had expressly released France from all liability. We brought forward claims for the 'losses of our citizens along the Florida line, losses which by their own misconduct they had expressly invited — for the white settlers of Georgia were responsible for most of the Indian ravages in that section, apart from the losses which they themselves had inflicted in their constant raids across the Florida line. We thus presented enormous claims to bankrupt Spain and we well knew that in only one way could she liquidate them — by surrendering her territories. Then we took further advantage of the confusion in Spanish affairs by fomenting insurrections in her territories and under this miserable and humiliating guise sought to extend our power. How gross the artifice, how shallow the deception ! We seized Amelia Island under the pretext of breaking up a nest of pirates and bandits — a proceeding particularly disgraceful to us because it was principally American free- booters who had congregated there. 328 The Purchase of Florida During all these years, had England, Russia, or France supported the wishes of Ferdinand, he would probably have defied the United States. " Then the Seminole war, our own fault, because largely the direct result of instructions from our government to the officers in that region. Jackson with his genius for arrang- ing diplomatic controversies, this inveterate don-hater with his intense and notorious anti-Spanish sentiments, was sent to conduct the war. This man, whose desire it had long been to seize Pensacola and occupy the Floridas as indem- nity for our claims, was dispatched on a mission where infinite tact and self control were imperatively demanded. Then followed what might have been expected and what appears to have been desired, a series of violations of inter- national law which astounded the whole world and incurred the hostility of Europe. No more here of Arbuthnot and Ambrister. The Spanish governor at St. Marks may have been an accomplice of the Seminoles ; but there was noth- ing calculated to implicate other Spanish commandants, and even if all were guilty, self preservation did not require a summary seizure of the posts, or Jackson's presumption, or Adams's either, that Spain sanctioned the treachery of her provincial agents. And in the meantime we were tearing at the vitals of Spain in another direction. All South America was in revolt and we were giving the revolutionists something more than our mere sympathy. Monroe admitted in his confidential letters that the policy of his administration had been to throw the moral weight of the United States in the scale of the colonies, without ' so deeply compromising the nation as to make it a party to the war. Our ports were opened to them; filibustering expeditions were organized in this country ; our harbors were filled with their prizes ; our good offices had been exercised for them, and to good purpose, with every power in Europe; and by the policy The Florida Treaty 329 thus pursued more real service had been done them than recognition could possibly have procured. We feared to acknowledge their independence lest it ruin our purposes with regard to the Floridas, but those once in our hands, with singular bad faith, ministers were immediately dis- patched to their governments. For nearly a year Spain had held up the treaty of 1819 in an effort to secure from this country a pledge not to recognize the South American countries. True, we had refused, but a strict adherence to the rules of international ethics — if in truth there be any such thing — ^hardly countenanced our course in the mat- ter. The question then presents itself for candid, honest consideration: How far was the cession of Florida due to the fact that we wanted it and were determined to have it at all hazards, and how far to the "grievances" of one kind and another which we urged against Spain, and then how far were these "grievances" due to the acts of our own citizens? Had we been unselfish and shown a dispo- sition, as a friendly power, to help Spain out of her diffi- culties, were there any troubles which could not have been removed without our threats of war and without our insist- ing upon a transfer of territory? Had our claims to that province been even weaker, which is difficult to conceive, or those of Spain a hundredfold stronger than they actu- ally were, would we not have acquired the territory all the same — would not this same manifest destiny have exer- cised its all-potent influence ? Consider for a moment the position of Spain on this continent at the opening of the nineteenth cen- tury, and that of the United States at the same time. One great fact stands out above all this intervening century of diplomacy with its dark intrigues and chi- canery on one side and the other — those vast terri- tories which were then in the possession of Spain now 330 The Purchase of Florida recognize our sovereignty — and that transfer has been effected without any appreciable cost to ourselves. There is no American today who is not ashamed of our wholly unwarranted method of despoiling Mexico ; can he feel any prouder of the Florida acquisition? Or are we the especial pet of manifest destiny, and when will she cease to honor our nation with her lavish gifts? At the time of the acquisition of Florida, Crawford suggested that England and France regarded the United States as ambitious and encroaching, and he counselled moderation. Adams cared naught for foreign opinion and replied that "if the world do not hold us for Romans, they will take us for Jews, and of the two vices I would rather be charged with that which has greatness mingled in its composition." He deemed it proper that the world should be "familiarized with the idea of considering our proper dominion to be the whole continent of North America." This was a "law of nature" and could not fail. To suppose that Spain and England could, through lapse of time, re- tain their possessions on this side of the Atlantic was to his way of thinking a "physical, moral, and political absurdity." More talk then of manifest destiny and its miracles or, more accurately, manifest determination and strength on the one side, and manifest weakness on the other. It was the right of might — the triumph of force. THS END. APPENDICES APPENDIX A. VOL. VI, INSTEUCTIONB, P. 137. James Monroe. July 29, 1803. On the presumption .... that you will have proceeded to Madrid it is thought proper to observe to you that although liouieiana may in some respects be more important than the Floridas and has more than exhausted the funds allotted for the purchase of the latter, the acquisition of the Floridas is still to be pursued, especially as the crisis must be favorable to it. You will be at no loss for the arguments most likely to have weight in prevailing on Spain to yield to our wishes. These colonies separated from her other territories on this con- tinent by New Orleans, the Mississippi and the whole of "Western Liouisiana are now of less value to her than ever, whilst to the United States they retain the peculiar importance derived from their position and their relation to us through the navigable rivers running from the United States into the G-ulf of Mexico. In the hands of Spain they must ever be a dead expense in time of peace, indefensible in time of war, and at all times a source of irritation and ill blood with the United States. The Spanish government must understand in fact that the United States can never consider the amicable relation between Spain and them as definitely and permanently secured without an arrangement on this subject which will substitute the manifest indications of nature for the artificial and inconvenient state of things now existing. The advantage to be derived to your negotiations from the war which has just commenced will certainly not escape you. Powerful and effectual use may be made of the fact that Great Britain meant to seize New Orleans, with a view to the anxiety of the United States to obtain it — of the inference from that fact, that the same policy will be pursued with respect to the Floridas. Should Spain 'be in the war it cannot be doubted 334 T^^^ Purchase of Florida that they will be quickly occupied by a British force and held out on some condition or other to the United States. Should Spain be still at peace and wish not to lose her neutrality she should reflect that the facility and policy of seizing the Floridasi must strengthen the temptations of Great Britain to force her into the war. In any view it will be better for Spain that the Floridas should be in the hands of the United States than of Great Britain and equally so that they should be ceded on bene- ficial terms by herself than that they should find their way to us through the hands of Great Britain By the enclosed note of the Spanish minister here you will see the refusal of Spain to listen to our past overtures, with the reasons for the refusal. The answer to that communica- tion is also enclosed. The reply to such reasons will be very easy. Neither the reputation nor the duty of his Catholic Majesty can suffer from any measure founded in wisdom and the true interests of Spain. There is as little ground for sup- posing that the maritime powers of Europe, will complain of, or be dissatisfied with, a cession of the two Floridas to the United States more than with the late cession of Louisiana by Spain to France or more than with the former cession through which the Floridas themselves have passed. What the treaties are subsequent to that of Utrecht, which are alleged to preclude Spain from the proposed alienation have not been examined. Admitting them to exist in the sense put upon them, there is probably no maritime power who would not readily acquiesce in our acquisition of the Floridas as more advantageous to itself, than the retention of them by Spain shut up against all foreign commerce and liable at every moment to be thrown into the preponderant scale of Great Britain, Great Britain herself would unquestionably have no objection to their being trans- ferred to us: unless it should be drawn from her intention to conquer them for herself, or from the use she might expect to make of them in a negotiation with the United States and with respect to France. Silence at least is imposed on her by the cession to the United States of the province ceded to her by Spain: not to mention, that she must wish to see the Floridas like Louisiana kept out of the hands of Great Britain and has doubtless felt that motive in promising her good offices with Spain for obtaining these possessions for the United States. Of this promise you will of course make the proper use in your negotiations. Appendices 335 For the price to be given for the Floridas you are referred generally to the original instructions on this point. Although the change of circumstances lessens the anxiety for acquiring immediately a territory which now more certainly than ever, must drop into our hands and notwithstanding the pressure of the bargain with France on our treasury; yet for the sake of a peaceable and fair completion of a great object you are per- mitted by the president, in case a less sum will not be accepted, to give $2,250,000', the sum heretofore apportioned to this pur- chase. It will be expected however that the whole of it, if necessary, be made applicable to the discharge of debts and damages claimed from Spain — as well those not yet admitted by the Spanish government as those covered by the convention signed with it by Mr. Pinckney on the eleventh day of August, 1802. These claims include those arising from privateers' depreda- tions along Florida and Mississippi lines and losses arising from violation of our deposit at New Orleans. If it be impossible to bring Spain to a cession of the whole of the two Floridas a trial is to be made for obtaining either or any important part of either. The part of West Florida adjoining the territories now ours and including the principal rivers falling into the gulf will be particularly important and convenient. It is not improbable that Spain in treating on a cession of the Eloridas may propose an exchange of them for Louisiana beyond the Mississippi or may make a serious point of some particular boundary to that territory. Such exchange is inad- missible. In intrinsic value there is no equality: besides the advantage, given us by the west bank of the entire jurisdiction of the river. We are the less disposed also to make sacrifices to obtain the Floridas because their position and the manifest course of events guarantee an early and reasonable acquisition of them. With respect to the adjustment of a boundary between Louisiana and the Spanish territories, there might be no objec- tion to combining it with a cession of the Floridas, if our knowledge of the extent and character of Louisiana were less imperfect. At present any arrangement, would be a step too much in the dark to he hazarded, and this will be a proper answer to the Spanish government. . . . Should no cession whatever be obtainable, it will remain only, for the present, to provide for the free use of the rivers 33^ The Purchase of Florida rumiing from the United States Into the gulf. A convenient de- posit is to be pressed as equally reasonable there as on the Mis- sissippi. The free use of those rivers for our external commerce is to be insisted on as an important right. APPENDIX B. FBOM MAJORITY REPORT OF COMMITTEE ON MILITARY AFFAIRS CON- GRESS (H. OF E.), JANUARY, 1819. ANNALS OF CONGRESS, P. 516. Your committee can find no law of the United States author- izing a trial before a military court for such offenses as are alleged against Arbuthnot and Amibrister (except so much of the second charge as charges Arbuthnot with "acting as a spy" of which part of the charge the court found him "not guilty"), nor in the opinion of our committee does any usage authorize or ex- igency appear from the documents accompanying the report of the trial which can justify the assumption and exercise of power by the court-martial and the commanding general on this occa- sion. It is admitted as a maxim of the law of nations that where the war is with a savage nation which observes no rules and never gives quarter we may punish them in the person of any of their people whom we may take (belonging to the number of the guilty) and endeavor by this vigorous proceeding to force them to respect the laws of humanity. Wherever severity is not a necessity mercy becomes a duty. In vain has your committee sought for a shadow of a necessity for the death of the prisoners arraigned before the court. The war was at an end to all in- tents and purposes, the enemy's strongholds had been destroyed — many of them killed or taken prisoners, and the remainder a feeble band dispersed and scattered in every direction. The Spamish fort of St. Marks which it was supposed (and no douT)! justly) had protected them was also in our possession and so entirely was the war considered to be terminated that the Georgia militia under General Glascock had returned to their homes. Then where was the absolute necessity which alone could war- rant a departure from the exercise of that clemency of which the United States has heretofore so justly boasted? Your committee find in the general order of the twenty-ninth of April, in which Greneral Jackson orders the execution of Arbuth- 22 338 The Purchase of Florida not and Ambrister this remarkable reason, intended as a justifi- cation of the executions, principally of Amhrister but applying to both Arbuthnot and Ambrister: "It is an established principle of the law of nations that any individual of a nation making war aga;inst the citizens of another nation, they being at peace, forfeits his allegiance and becomes an outlaw and a pirate." It may be asked by what system of interpretation the offenses charged could be considered as piracies which imply in common accepta- tion offenses upon the high seas, of whicli the court could not as- sume cognizance; and it is equally difficult to understand the pro- priety of the application of the term "outlaw" to the offenders — a term which applies only to the relations of individuals with their own governments. It will not be pretended that Lafayette who volunteered his services in the cause of America in the war which established our independence forfeited his allegiance, became an outlaw, and subjected himself to an ignominious death had he fallen into the hands of the English, or can it be believed that one voice could be heard in justification of Spain if she were to execute such of our countrymen as she may make prisoners, while fighting in the armies of the South American patriots? And if these cases should not be considered of such a nature as to warrant a resort to so severe a measure while they occurred with a people in a state of revolution and considered by the parent countries to be in a state of rebellion, much less could these (Arbuthnot and Ambrister) be considered liable to it who were acting with a power acknowledged and treated as sovereign and independent by us. Your committee beg leave to call your attention particularly to the case of R. C. Ambrister who, after having been subjected! to a trial before a court which had no cognizance or jurisdiction over the offenses charged against him was shot by the order of the commanding general contrary to the forms and usages of the army and without regard to the finding of that court which had been instituted as a guide for himself. . . . Nor can your committee forbear including in their strictures the court-martial who sat on .the trial of Arbuthnot and Am- brister. A court-martial is a tribunal invested with limited jurisdiction having for its guidance the same rules of evidence which govern courts of law; and yet Arbuthnot Is refused by the court-martial, before whom he was on trial for his life, the benefit of the testimony of Ambrister who had not been put upon his trial at that time and whose evidence would have been re- Appendices 339 ceived by any court of law as legal, if not credible. Many other exceptions might be made to the evidence recorded in these pro- ceedings : particularly to the question put to the witness, Hambly, namely: "Do you believe the Seminoles would have commenced the business of murder and depredation on the white settlements had it not been at the instigation of the prisoner (Arbuthnot) and a promise on his part of British protection?" Answer: "I do not believe they would, without they had been assured of British protection." A leading question is expressly forbidden to be used by a court-martial by Macomb on martial law, and of which the court must have heen apprised as it is a work com- mon in the army and usually referred to by every court-martial when in session: and the question was calculated to elicit an expression of opinion and belief from the witness rather than a statement of facts upon which alone could the court act. Hear- say evidence, in a case of life and death, your committee will venture to assert, was never before received against the accused in any court of this country and yet on the face of the record of the proceedings of the court-martial, hearsay testimony is ad- mitted which had been received from an Indian who, if present, would not have been allowed to; give evidence himself. After mature deliberation your committee beg leave to submit the fol- lowing resolution: Resolved that the honor and right of the United States disapproves the proceedings in the trial and exe- cution of Alex. Arbuthnot and Robert C. Ambrister. APPENDIX C. VOL. VIII. INSTBUCTIONS, P. 2i57. To 'George W. Erving. November 28, 1818. In the fourth and last of these notes of Mr. Pizarro he has given formal notice that the king, his master, has issued orders for the suspension of the negotiation between the United States and S'pain until satisfaction shall have been made by the American government to him for those proceedings of General Jackson: which he considers as acts of unequivocal hostility against him and as outrages upon his honor and dignity, the only acceptable atonement for which is stated to consist in a dis- avowal of the American government thus complained of: the infliction upon him of a suitable punishment for his supposed mis- conduct: and the restitution of the posts and territories taken by him from the Spanish authorities with indemnity for all the property taken and all damages and injuries, public or private, sustained in consequence of it. Within a very few days after this notification Mr. Pizarro must have received with copies of the correspondence between Mr. De Onis and this department the determination which had been taken by the president to restore the place of Pensacola with ^he Fort of Barrancas to any person properly authorized on the part of Spain to receive them: and the Fort of 'St. Marks to any Spanish force adequate to its protection against the Indians by whom its forcible occupation had been threatened, for purposes of hostility against the United States. The officer commanding at the post has been directed to consider two hundred and fifty men as such adequate force and in case of their appearance with proper authority to deliver it up to their commander accordingly. From the last mentioned correspondence the Spanish govern- ment must likewise have been satisfied that the occupation of these places in (Spanish Florida by the commander of the Amer« lean forces was not by virtue of any orders received by him from Appendices 341 this government to that effect with any view of wresting the prov- ince from Spain nor in any spirit of hostility to the Spanish gov- ernment. That it arose from incidents which occurred in the pros- ecution of the war against the Indians, from the imminent danger in which the Fort of St. Marks was of being seized by the Indians themselves; and from the manifestations of hostility to the United States iby the commandant of St. Marks, and the governor of Pensacola, the proofs of which were made known to General Jackson and impelled him from the necessities of self defense to the steps of which the Spanish government complains. It might he sufficient to leave the vindication of these measures upon, those grounds and to furnish, in the enclosed copies of 'General Jackson's letters and the vouchers by which they are supported, the evidence of that hostile spirit on the part of the Spanish commanders, but for the terms in which Mr. Pizarro speaks of the execution of a British subject taken, one at the Fort of St. Marks and the other at Suwany and the inti- mation that these transactions may lead to a change in the re- lations between; the two nations which is doubtless to be under- stood as a menace of war. It may be therefore proper to remind the government of his Catholic Majesty of the incidents in which this Seminole war originated: as well as of the circumstances connected with it in the relations between Spain and her ally, whom she supposes to have been injured by the proceedings of General Jackson: and to give the Spanish cabinet some precise information of the nature of the business peculiarly interesting to Spain in which these subjects of her allies, in whose favor she takes this interest, were engaged, when their projects of every kind were terminated in consequence of their falling intO' the hands of General Jackson. iln the month of August, 1814, while a war existed between the United States and Great Britain to which Spain had formally declared herself neutral, a British force — not in the fresh pursuit of a defeated and flying enemy, not overstepping an imaginary and equivocal boundary between their own territories and those belonging in some sort as much to their enemy as to- Spain, but approaching by sea and by a broadband open invasion of the Spanish province, at a thousand miles or an ocean's dis- tance from any British territory — landed in Florida; took pos- session of Pensacola and the Fort of Barrancas and invited by public proclamations all the runaway negroes, all the savage Indians, all the pirates and all the traitors to their country whom 342 The Piirchase of Florida they knew or imagined to exist within reach of their summons to join their standard and wage an exterminating war against the portion of the United States immediately bordering upon this neutral' and thus violated territory of Spain. . . . The land com- mander of the British forces was a certain Colonel NiidhoUs wlio, driven from Pensacola by the approach of General Jaxjkson, actually left to he blown up the Spanish Port of Barrancas when he found it could not afford him protection, and evacuating that part of the province landed at another, established himself on the Appaiachicola River, and there erected a fort from which to sally forth with his motley tribe of black, white, and red com- batants against the defenseless borders of the United States in that yicinity. A' part of thisr force consisted of a corps of colonial marines, levied in the British colonies, in which George Woodbine was a captain and Robert Chrystie Ambrister was a lieutenant. As between the United States and Great Britain we Bihould be willing to bury this transaction in the same grave of oblivion with other transactions of that war, had the hostilities of Colonel Nicholls terminated with the war. But he did not consider the peace which ensued between the United States and Great Britain aS' having put an end either to his military occupations or to his negotiations with the Indians against the United iStates. Several months after the ratification of the treaty of Ghent he retained his post and his party-colored forces in military array. By the ninth article of that treaty the United States had stipulated to put an end to hotilities immediately after its ratification with all the tribes or nations of ilndians with whom t'hey might be at war at the time of the ratification and to restore to them all the possessions which they had enjoyed in the year .1811. This article had no application to the Greek nation with whom the United States had already made peace by a treaty concluded August 9, 1814, more than four months before the treaty of Ghent was signed. Yet Colonel Nicholls not only affected to consider it as applying to the Seminoles of Florida and the outlawed Red iSticks whom he had induced to join him there, but actually persuaded them that they were entitled, by virtue of the treaty of Ghent, to all the lands which had belonged to the Creek nation within the United States in the year of 1811, and that the government of Great Britain would support them in that pretension. He asserted also this doctrine in a correspond- ence with Colonel Hawkins, then the agent of the United States with the Creeks, and gave him notice in their name, with a Appendices 343 mockery of solemnity, that they had concluded a treaty of alli- ance offensive and defensive and a treaty of navigation and commerce with Great Britain of which more was to be heard after it should be ratified in England. 'Colonel NichoUs then evacuated his fort which in some of the enclosed papers is called the Fort of Prospect Bluff, but which he had denominated the British post on the Appalachicola, took with him the white portion of his force, and embarked for England with several of the wretched savages whom he was thus deluding to their fate: among whom was the Prophet Francis or Hillis Hadjo, and left the fort, amply supplied with military forces and ammunition, to the negro department of his allies. It afterwards was known by the name of the Negro Fort. Colonel Hiawkins immediately communicated to this govern- ment the correspondence between him and Colonel Nicholls . . . upon which Mr. Mbnroe, then secretary of state, addressed a letter to Mr. Baker, the British charge d'affaires at Washington complaining of Nicholls's conduct and showing that his pretence that the ninth article of the treaty of Ghent could have any appli- cation to his Indians was utterly destitute of foundation. Copies of the same correspondence were transmitted to the minister of the United States then in England with instructions to remon- strate with the British government against these proceedings of Nicholls and to Show how incompatible they were with the peace which had' been concluded between the two nations. These remonstrances were accordingly made. First, in personal in- terview with Earl Bathurst and Lord Castiereagh and afterwards in written notes addressed successively to them. . . . Lord Bath- urst in the most unequivocal manner confirmed the facts and dis- avowed the misconduct of Nicholls and declared his disappro- bation of the pretended treaty of alliance, offensive and defensive, which he had made: assured the AJmerican minister that the British government had refused to ratify that treaty: and would send back the Indians whom Nicholls had brought with him, with advice to make their peace on such terms as they could obtain. L«ord Castiereagh confirmed the assurance that the treaty would not be ratified: and if at the same time that these assurances were given certain distinctions of public notoriety were shown to the Prophet Hillis Hadjo and he was actually honored with a commission as a British officer, it is to be presumed that these favors were granted him as rewards of past services and not as encouragement to expect any sup- / 344 ^^^ Purchase of Florida port from Great Britain in a continuance of savage hostilities against the United States; all intention of giving any such, sup- port having heen repeatedly and earnestly disavowed. The Negro Fort however, abandoned 'by Colonel Nicholls, remained on the Spanish territory, occupied by the banditti to whom he had left it and held by them as a post from whence to commit depredations, outrages, murders, and as a receptacle for fugitive slaves and malefactors to the great annoyance both of the United States and of Spanish Florida. In April, 1816, General Jackson wrote a letter to the governor of Pensacola calling upon him to put down this common, nuisance to the peaceable inhabitants of both countries. That letter with the answer of the governor of Pensacola have been already com- municated to the Spanish minister here and by him doubtless to his government. Copies are nevertheless now again enclosed; par- ticularly as the letter from the governor explicitly admits that this fort constructed by Nicholls in violation both of the terri- tory and neutrality of Spain was still no less obnoxious to his government than to the United States: but that he had neither sufficient force nor authority without orders from the governor general of the Havanna to destroy it. It was afterwards, July 27, 1816, destroyed by a cannon shot from a gun vessel of the United States which in its passage up the river was fired upon from it. It was blown up with an English flag still flying at its standard: and immediately after the barbarous murder of the boat's crew, helonging to the navy of the United States by the banditti left in it by Nicholls. In the year 1817 Alexander Arbuthnot of the island of New Providence, a British subject, first appeared as an Indian trader in Spanish Florida: and as the successor of Colonel Nicholls in the employment of instigating the Seminole and outlawed Red Stick Indians to hostilities against the United States by re- viving the pretence that they were entitled to all the lands which had 'been ceded by the Creek nation to the United States in August, 1814. As a mere Indian trader the intrusion of this man into a Spanish province was contrary to the policy observed by all the European powers in this hemisphere, and by none more rigorously than by Spain, of excluding all foreigners from intercourse with the Indians within their territories. It must be known to the Spanish government whether Arbuthnot had a Spanish license for trading with the Indians in Spanish Florida or not, but they also knew that Spain was bound by treaty Appendices 345 to restrain by force all hostilities on the part of those Indians against the citizens of the United States: and it is for them to explain how, consistently with those engagements, Spain could, contrary to all the maxims of her ordinary policy, grant such a license to a foreign incendiary whose principal if not his only object appears to have been to stimulate those hostilities which Spain had expressly stipulated by force to restrain. In his in- fernal instigations he was but too successful. No sooner did he make his appearance among the Indians accompanied by the Prophet Hillis Hadjo, returned from his expedition to England, than the peaceful inhabitants on the borders of the United States were visited with all the horrors of savage war — the robbery of their property and the barbarous and indiscriminate murder of women, infancy, and age. After the repeated expostulations, warnings, and offers of peace through the summer and autumn of 1817, on the part of the United States, had been answered only by renewed outrages and after a detachment of forty men under Lieutenant Scott accompanied by seven women had been waylaid and murdered by the Indians, orders were given to General Jackson and an ade- quate force -was placed at his disposal to terminate the war. It was ascertained that the Spanish force in Florida was inade- quate for the protection even of the Spanish territory itself against this mingled horde of lawless Indians and negroes, and although their devastations were committed within the limits of the United States they immediately sought refuge within the Florida line and there only were overtaken. The necessity of crossing the line was indispensable: for it was from beyond the line that the Indians made their murderous incursions within that of the United States. It was there that they had their abode: and the territory belonged in fact to them though within the borders of the Spanish jurisdiction. There it was that the American commander met the principal resistance from them: there it was that they found still bleeding scalps of our citizens, freshly butchered by them: there it was, that he released the only woman who had been suffered to survive the massacre of the party under Lieutenant Scott. But it was not anticipated by this government that the commanding officers of Spain in Florida, whose especial duty it was, in conformity to the solemn engagements contracted by their nation, to restrain by force those Indians from hostilities against the United States, would be found encouraging, aiding, and abetting them and furnishing 346 The Piirchase of Florida them supplies for carrying on such hostilities. The officer in command immediately before General Jackson, was therefore specially instructed to respect as far as possihle the Spanish authority, Avherever it was maintained, and copies of those orders were also furnished to General Jackson upon his- taking command. In the course of his pursuit as he approached St. Marks he was' informed, direct from the governor of Pensacola, that a party of the hostile Indians had threatened to seize that fort and that he apprehended the Spanish garrison was not in strength sufficient to defend it against them. Ttis information was con- firmed from other sources and by the evidence produced upon the trial of A'mbrister is proved to have been exactly true. By all the laws of neutrality and of war as^ well as of prudence and humanity, he was warranted in anticipating his enemy by the amicable, and that being refused, by the forcible occupation of the fort. It will need no citations from printed treatises on International law, to prove the correctness of this principle. It is engraved in adamant on the common sense of mankind, no writer upon the laws of nations ever pretended to contradict it. None of any reputation or authority ever omitted to assert it. At Fort St. Marks, Alexander Arfbuthnot, the BTitish Indian trader from beyond the sea, the firebrand, by whose touch this negro Indian war against our borders had been rekindled, was found an inmate of the commandant's family. And it was also found that by the commandant, himself, councils of war had been permitted to be held within it by the savage chiefs and warriors: that it was an open market for cattle known to have been robbed by them from citizens of the United States and which had been contracted for and purchased by the officers of the gar- rison: that information had been afforded from this fort by Ar- buthnot to the enemy of the strength and movements of the American army: that the date of departure of express had been noted by the Spanish commissary and ammunition, munitions of war, and all necessary supplies furnished to the Indians. The conduct of the governor of Pensacola was not less marked by a disposition of enmity to the United States and by an utter disregard to the obligatioms of the treaty by which he was bound to restrain by force the Indians from hostilities against them. When called upon to vindicate the territorial rights and authority of Spain by the destruction of the Negro Fort, his predecessor had declared it to be not less annoying and pernicious to the Spanish subjects in Florida than to the United States, but had Appendices 347 pleaded his inaibility to subdue it. He himself had expressed his ap- prehensions that Fort St. Marks would be forcibly taken by the savages from the Spanish garrison; yet at the same time he had refused the passage up the Escambia River, unless upon the pay- ment of excessive duties, to provisions destined as supplies for the American army which by the detention of them was subjected to the most distressing privations. He had permitted free ingress and egress at Pensacola to the avowed savage enemies of the United States. Supplies of ammunition, munitions of war, and provisions had been received by them from thence. They had been received and sheltered there, from the pursuit of the American forces, and suffered again tO' sally thence to enter upon the American territory and commit new murders. Finally on the approach of General Jackson to Pensacola the governor sent him a letter denouncing his entry upon the territory of Florida as a violent outrage upon the rights of Spain, commanding him to depart and withdraw from the same, and threatening, in case of his non-compliance, to employ force to expel him. lit became therefore, in the opinion of General Jackson, in- dispensably necessary to take from the governor of Pensacola the means of carrying his threat into execution. Before the forces under his command the savage enemies of his country had disappeared. But he knew that the moment those forces should be disbanded, if siheltered by Spanish fortresses, if furnished with ammunition and supplies 'by Spanish officers and if aided and supported by the instigation of Spanish encouragement, as he had every reason to expect they would be, they would reappear and, fired, in addition to their ordinary ferociousness, with re- venge for the chastisement they had so recently received, would again rush with the war-hatchet and scalping knife into the borders of the United .States and mark every footstep with the blood of their defenseless citizens. So far as all the native re- sources' of the savage extended, the war was at an end and Gen- eral Jackson was about to restore to their families and their homes the brave volunteers who had followed his standard and who had constituted the principal part of his force. This could be done with safety leaving the regular portion of his troops to garrison his line of forts and two small detachments of volun- teer cavalry to scour the country round Pensacola and sweep off the lurking remnant of savages who had been scattered and dis- persed before him. This was sufficient to keep in check the remnant of the banditti against whom he had marched so long 348 The Purchase of Florida as they should be destitute of other aid and' support. It was in his judgment not sufficient, if they should be suffered to rally their numbers under the protection of Spanish forts and to derive new strength from the impotence or the ill will against the United States of the Spanish authorities. He took possession therefore of Pensacola and of the fort of Barrancas as he had done of !St. Marks, not in a spirit of hostility to Spain but as a necessary measure of self defense: giving notice that they should be restored whenever Spain should place com- manders and a force there able and willing to fulfill the engage- ments of Spain towards the United States of restraining by force the Florida Indians from hostilities against their citizens. The president of the United States, to give a signal manifestation of his confidence in the disposition of the king of Spain to perform with good faith this indispensable engagement and to demonstrate to the world that neither the desire of conquest nor hostility to Spain had any influence in the councils of the United States, has directed the unconditional restoration to any Spanish officer, duly authorized to receive them, of Pensacola and the Barrancas, and that of St. Marks to any Spanish force adequate for its de>- fense against the attack of the savages. But the president will neither inflict punishment nor. pass a censure upon General Jack- son for that conduct for which he had the most immediate and effectual means of forming a judgment: and the vindication of which is written in eyery page of the law of nations as well as in the first law of nature, self defense. He thinks it, on the con- trary, due to the justice which the United States have a right claim from Spain, and you are accordingly instructed to demand of the Spanish government, that inquiry shall be instituted in the conduct of Don Jose Mazot, governor of Pensacola, and of Don Francisco C. Luengo, commandant of St. Marks, and a suitable punishment inflicted upon them for having, in deflance and violation of the engagements of Spain with the United States, aided and assisted these hordes of savages in those very hostilities against the United States which it was their official duty to restrain. This inquiry is due to the character of those officers themselves and to the honor of the Spanish government. The obligation by Spain to restrain by force the Indians of Florida from hostilities against the United States and their citizens is explicit, is positive, is unqualified. The fact, that for a series of years, they have received shelter, assistance, supplies, and protection, in the practice of such hostilities, from the Appendices 349 Spanisli commander in Florida is ctear and unequivocal. If, as the commanders both at Pensacola and St. Marks, have alleged, this has been the result of their weakness rather than of their will, if they have osisisted the Indians against the United Stajtes, to avert their hostilities from the province which they had not sufficient force to defend against them, it may serve in some measure to exculpate, individually those officers; but it must carry demonstration irresistible to the Spanish government, that the right of the United States can as little compound with im^ potence as with perfidy and that Spain must immediately make her election either to place a force in Florida adequate at once to the protection of her territory and to the fulfilment of her en- gagements or cede to the United (States a province of which she retains nothing but the nominal possession, but which is in fact a derelict, open to the occupancy of every enemy, civilized or savage, of the United States and serving no other earthly pur- pose, than as a post of annoyance to them. That the purposes, as well of the Negro-Indian banditti with whom we have been contending, asi of the British invaders of Florida v/ho first assembled and employed them, and of the British intruding and pretended traders, since the peace, who have instigated and betrayed them to destruction, have not been less hostile to Spain than to the United States, the proofs con- tained in the documents herewith enclosed are conclusive. (Mr, Pizarro's note of the 29th of August speaks of his Catholic Majesty's profound indignation at the "sanguinary executions on the Spanish soil of the subjects of powers in amity with the king" — meaning Atbuthnot and Ambrister. Let Mr. Pizarro's successor take the trouble of reading the enclosed documents and he will discover who Arbuthnot and Ambrister were and what were their purposes, that Arbuthnot was only the successor of Nicholls, and Ambrister the agent of Woodbine and the sub- altern of MacGregor. Mr. Pizarro qualifies General Jackson's necessary pursuit of a defeated savage enemy beyond the Span- ish Florida line as a shameful invasion of his Majesty's territory. Yet that territory was the territory also of the savage enemy and Spain was bound to restrain them by force from hostilities against the United States; and it was the failure of Spain to fulfill this engagement which had made it necessary for General Jackson to pursue the savage across the line. What was the character of Nicholls's invasion of his Majesty's territory and where was his Majesty's profound indignation at that? Mr. Pizarro says, his 350 The Purchase of Florida Majesty's forts and places have been violently seized on by Gen- eral Jackson. Had they mot been seized on, nay had not the principal of his forts been blown up by Nicholls and a Biritish fort on the same Spanish territory been erected during the war and left standing aS a negro fort in defiance of Spanish authority after the peace? Where was his Majesty's indignation at that? Has his Majesty given solemn warning to the British government that these were incidents "of transcendent moment capable of producing an essential and thorough change in the political relations of the two countries?" Nicholls and Woodbine in their invitations and promises to the slaves to run away from their masters and join t'hem did not confine themselves to the slaves of the United iStates, They received with as hearty a welcome and employed with equal readiness the fugitives from their masters in Florida and Georgia. Against this special injury the governor of Pensacolai did earnestly remonstrate with the BTitish Admiral Cockburn, but against the sihameful invasion of the territory; against the blowing up of the ^Barrancas, and the erection and maintenance under British banners of the Negro Fort on Spanish soil; against the negotiation by a British officer in the midst of peace, of pretended treaties, offensive and defen- sive, and of navigation and commerce, upon Spanish territory between Great Britain and Spanish 'Indians whom Spain was bound to control and restrain; if a whisper of expostulation was ever wafted from Madrid to London it was not loud enough to be heard across the Atlantic nor energetic enough to transpire beyond the palaces from w'hich it issued and to which it was borne. The connection between Arbuthniot and Nicholls and between Ambrister, Woodbine and MacGregor is established beyond all question by the evidence produced at the trials before the court- martial. T have already remarked to you on the very extraor- dinary circumstance that a British trader from beyond the sea should be permitted by the Spanish authorities to trade with the Indians of Florida. Froni his letter to Hambly flated May 3', 1817, it appears that his trading was but a pretence and that his principal purpose was to act as the agent of the Indians of Florida and outlaws from the Creeks, to obtain the aid of the British government in their hostilities against the United States. He expressly tells Hambly there that the chiefs of those outlaws was the principal cause of his (Arbuthnot) being in the country; and that he had come with an answer from Earl Bathurst, de- Appendices 351 livered to him by Governor Cameron of New Providence, to certain Indian talks in w'hicli this aid of the British government had been solicited. Hambly himself had been left by Nicholls as the agent between the Indians and tbe British government; but having found that Nicholls had failed in his attempt to pre- vail upon the British government to pursue this clandestine war in the midst of peace, and that they were not prepared to support his pretence that half a dozen outlawed fugitives from the Creeks were the Creek Nation; when Arbuthnot the incendiary came and was instigating them by promises of support from Great Britain to commence their murderous incursions into the United States, Hambly at the request of the chiefs of the Creeks them- selves, wrote to him, warning him to withdraw from among that band of outlaws and giving him a solemn foreboding of the doom that awaited him from the hand of justice, if he persevered in the course that he pursued. Arbuthnot nevertheless persisted; and while he was deluding the wretched Indians with the promise of support from England he was writing letters from them to the British minister in the United States, to Governor Cameron of New Providence, to Colonel Nicholls tO' be laid before the British government and even to the Spanish governor of St. Augustine and the governor general of the Havanna, soliciting in all quarters aid and support, arms and ammunition for the Indians against the United States, bewailing the destruction of the Negro Fort, and charging the British government with having drawn the Indians into war with the United States and deserting them after the peace. You will remark among the papers produced on his trial a power of attorney, dated June 17, 1817, given him by twelve Indians, partly of Florida and partly of the fugitive outlaws from the United States. He states that this power and his instruc- tions were to memorialize the British government and the gov- ernor general of the Havanna. These papers are not only sub- stantially proved as his handwriting on the trial, but in the daily newspapers of London of the 24th and 25th of August, his letter to Nicholls is published (somewhat curiously garbled) with a copy of Hamlbly's above mentioned letter to him and a reference to this Indian power of attorney to him aproved by the commandant of St. Marks, F. C. Luengo. Another of the papers is a letter written im the name of the same chiefs by Arbuthnot to the governor general of the Havanna asking of him permission for Arbuthnot to establish a warehouse on the 3^2 The Purchase of Florida Appalachicola; Taitterly and falsely complaining that the Ameri- cans had made settlements on their lands withim the Spanish, lines, and calling upon the governor general to give orders to displace them and send them hack to their own country. In tills letter they assign as a reason for asking the license for Arbuthnot their want of a person to put in writing for them their talks of grievances against the Americans; and they add "the com- mander of the fort of St. Marks has heard of all our talks and complaints. He approves of what we have done and what we are doing and it is hy his recommendation we have thus pre- sumed to address your excellency." You will find these papers in the printed newspapers enclosed and in the proceedings of the court-martial and will point them out to the Spanish gov- ernment, not only as decisive proof of the unexampled compliance of the Spanish officers in Florida to foreign intrusive agents and instigators of Indian hostilities against the United States, but as placing beyond a doubt that participation of this hostile spirit in the commandant of St. Miarks, which General Jackson so justly complains of and of which we have so well founded a right to demand the punishment. Here is the commandant of tlie Spanish fort, bound by the sacred engagement of a treaty to restrain by force the Indians within his command from com- mitting hostilities against the United States, conspiring with those same Indians and deliberately giving his written appro- bation to their appointment of a foreigner, a British subject, as their agent to solicit assistance and supplies from the governor general of the Havanna and from the British government for carrying on those same hostilities. Let us come to the case of Ambrister. He was taken in arms, leading and commanding the Indians in the war against the American troops; and to that charge upon his trial pleaded guilty. But the primary object of his coming there was still more hostile to Spain than to the United iStates. You find that he told three of the witnesses who testified at his trial that he had come to this country upon Mr. Woodbine's business at Tampa Bay, to see the negroes righted, and one of them that he had a commission in the patriot army under MacGregor, and that he expected a captaincy. And what was the intsnded business of MacGregor and Woodbine at Tampa Bay? It was the conquest of Florida from Spain by the use of those very Indians and negroes whom the commandant of St. Marks was so ready to aid and support in war against the United States. The chain of Appendices 353 proof that establishes this fact is contained in the documents communicated by the president to congress at their last session relating to the occupation of Amelia Island by MacG-regor. From these documents: you will find that while MacGregor was there Wtoodbine went from New Providence in a schooner of his own to join him; that he arrived at Amelia Island just as MacGregor, abandoning the companions of his achievement there, was leav- ing it; that MacGregor, quitting the vessel in which he had embarked at Amelia, went on board that of Woodfbine and re- turned with him to New Providence; that Woodbine had per- suaded him they could yet accomplish the conquest of Florida with soldiers to be recruited at Nassau, from the corps of col- onial marines which had served under Nicholls during the late war with the United States, which corps had 'been lately disbanded, and with negroes to be found at Tampa Bay, and 1,500 Indians already then engaged to Woodbine, who pretended that they had made a grant of all their lands to him. Among the papers, the originals of which are in our possession, are, in MacGregor'si own handwriting, instructions for sailing into Tampa Bay, with the assertion that he calculated to be there by the last of April or first of May of the present year; a letter, dated December 27 last, to one of his acquaintances in this country which was to have been issued at Tampa Bay, to the inhabitants of Florida, by the person charged with making the settlement there, before his arrival, announcing his approach for the purpose of liberating them from the despotism of Spain and of enabling them to form a government for themselves. He had persuaded those who would listen to him here, that his ultimate object was to sell the Florida® to the United States. There is some reason to sup- pose that he had made indirect overtures of a similar nature to the British government. This was Ambrister's business in Florida. He arrived there in March, the precursor of MacGregor and Woodbine, and immediately upon his arrival he is found seizing upon Arbuthnot's goods and distributing them among the negroes and Indians; seizing upon his vessel and compelling its^ master to pilot him with a body of armed negroes toward the fort of St. Marks; with the declared purpose of taking it by surprise in the night; writing letters to Governor Cameron of New Providence urgently calling for supplies of munitions of war and of cannon for the war against the Americans, and let- ters to Colonel Nicholls renewing the same demands of supplies and informing him that he is with 300 negroes, "a few of our 23 354 The Purchase of Florida Bluff people" who tiad stuck to the cause and were relying upon the faith of Nicholls's promises. "Our Bluff people" were the people of the Negro Fort, collected by Nicholls's and Woodbine's proclamations during the American and English war, and "the cause" to which they stuck was the savage, servile, exterminating wa;r against the United States. Among the agents and actors of such virtuous enterprises as are here unveiled, it was hardly to he expected that there would be found remarkable evidences of their respect, confidence, and good faith towards one another. Accordingly, besides the violent seizure and distribution by Ambrister of Arbuthnot's property, his letters to Governor Cameron and to Nicholls are filled with the distrust and suspicions of the Indians, that they were deceived and betrayed by Arbuthnot; while in Arlbuthnot's letters to the same Nicholls, he accuses Woodbine of having taken charge of poor Francis the prophet, or Hillis Hadjo, upon his return from England to New Providence, and under pretence of taking care of him and his affairs, of having defrauded him of a large portion of the presents which had been delivered out from the king's stores to him for Francis's use. This is one of the passages of Arbuthnot's letter to Nicholls omitted in the publication of it last August in the London newspapers. Is this narrative of dark and complicated depravity; this creeping and insidious war, both against Spain and the United States; this mockery of patriotism; these political philters to fugitive slaves and Indian outlaws; these perfidies and treach- eries of villains, incapable of keeping their faith even to each other; all in the name of South American liberty, of the rights of runaway negroes, and the wrongs of savage murderers; all comhined and projected to plunder Spain of her provinces and to spread massacre and devastation along the border of the United States; is all this sufficient to cool the sympathies of his Catholic Majesty's government excited by the execution of these "two subject® of a power in amity with the king?" The Spanish government is not at this day to be informed that, cruel as war in its mildest forms must be, it is, and necessarily must be, doubly cruel when waged with savages; that savages make no prisoners but to torture them; that they give no quarter; that they put to death without discrimination of age or sex. That these ordinary characteristics of Indian warfare have been ap- plicable in their most heart sickening horrors to that war, left us by Nicholls as his legacy, reinstigated by Woodbine, Arbuth- Appendices 355 riot, and Amlbrister, and stimulated by the approbation, encour- agement, and aid of the Spanish commandant at iSt. M,arlvs, is proof required? Entreat the Spanish minister of state for a moment to overcome the feelings which details like these must excite; and to reflect, if possible, with composure upon the facts stated in the following extracts from the documents enclosed. Letter from sailing-master, Jairus Loomis to Commodore Daniel T. Patterson, August 13, 1816, reporting the destruction of the Negro Fort: "On examining the prisoners they stated that Edward Dianiels O. S., who was made prisoner in the boat on the 17th July, was tarred and burnt alive." Letter from Archibald Clarke to General Gaines, February 2'S, 1817. (.Messages, Presidents to Congress, March 25, 1818, page 9) : '^On the 24th instant the house of Mr. Garret, residing in the upper part of this county, near the boundary of Wayne county (Georgia), was attacked during his absence near the middle of the day, by this party (of Indians) consisting of about fifteen, who shot Mrs. Garret in two places and then dispatched her by stabbing and scalping. Her two children, one about three years, the other two months, were also murdered and the eldest scalped; the house was then plundered of every article of value and set on fire." Letter from Peter B. Cook (Arbuthnot's clerk) to Eliza Carney at Nassau, dated at Suh vahnee, January 19, 1818, giving an account of their operations with the Indians against the Americans; and their massacre of Lieutenant Scott and his party: "There was a boat that was taken by the Indians that had in thirty men, seven women, four small children. There were six of the men got clear and one woman saved and all of the rest of them got killed. The children were took by the leg and their brains dashed out against the boat." If the bare recital of scenes like these cannot be 'perused without shuddering, what must be the agonized feeling of those whose wives and children are from day to day and from night to night exposed to be the victims of the same barbarity? Has mercy a voice to plead for the perpetrators and instigators of deeds like these? Shall inquiry hereafter be made, why within three months after this event the savage Hamathli-Mico, upon being taken by the American troops, was by order of their com- mander immediately hung, let it be told that that savage was the commander of the party by which those women, were butch- 3^6 The Purchase of Florida ered and those helpless infants were thus dashed against the hoat! Contending with such enemies, although humanity revolts at entire retaliation upon them and spares the lives of their feeble and defenseless women and children, yet mercy, herself, surrenders to retributive justice the lives of their lea'ding war- riors taken in arms and still more the lives of the foreign white incendiaries who, disowned by their own governments and dis- owning their own natures, degrade themselves beneath the sav- age character by voluntarily descending to its level. Is not this the dictate of common sense? Is it not the usage of legitimate warfare? Is it not consonant to the soundest authorities of national law? . . . "When at war (says Vattel) with a ferocious nation which observes no rules and grants* no quarter they may be chastised in the persons of those of them who may be taken; they are of the number of the guilty and by this rigor the attempt may be made of bringing them to a sense of the laws of humanity." And again: "As a general has the right of sacrificing the lives of his enemies to his own safety or that of his people, if he has to contend with an inhuman enemy, often guilty of such excesses, he may take the lives of some of his prisoners, and treat them as his own people have been treated." The justification of these principles is found in their salutary efficacy for terror and example. It is thus only that the barbarities of Indians can be suc- cessfully encountered. It is thus only that the worse than Indian barbarities of European impostors, pretending authority from their government, but always disavowed can be punished and arrested. Great Britain yet engages the alliance and co- operation of savages in war. iBut her government has invariably disclaimed all countenance or authorization to her subjects to instigate them against us in time of peace. Yet so it has hap- pened, that, from the period of our established independence to this day all the Indian wars with which we have been afflicted have been distinctly traceable to the instigation of English traders or agents. Always disavowed, yet always felt; more than once detected but never before punished; two of them, offenders of the deepest dye, after solemn warning to their government, and individually to one of them, have fallen, flagrante delicto, into the hands of an American general; and the punishment inflicted upon them has fixed them on high as an example, awful in its ex- hibition, but we trust auspicious in its results, of that which Appendices 357 awaits unauthorized pretenders of European agency to stinaulate and interpose in wars ."between the United States and the In- dians within their control. This exposition of their origin, the causes and the character of the war with the Seminole Indians and part of the Creeks, combined with MacGregor's mock patriots and Nicholls's negroes which necessarily led our troops into Florida and gave rise to all those incidents of which Pizarro so vehemently complains, will, it is hoped, enable you to present other and sounder views of the subject to his Catholic Majesty's government. It will enable you to show that the occupation of Pensacola and St. Marks was occasioned neither by hostility to Spain nor with a view to extort prematurely the province from her possession; that it was rendered necessary by the neglect of Spain to per- form her engagements of restraining the Indians from hostilities against the United States and by the culpable countenance, en- couragement, and assistance given to those Indians in their hostilities by the Spanish government and commandant at those places; that the United iStates have a right to demand, as the president does demand, of Spain the punishment of those officers for this misconduct and he further demands of Spain a just and reasonable indemnity to the United States for the heavy and necessary expenses which they have heen compelled to incur, by the failure of Spain to perform her engagement to restrain the Indians aggravated by this demonstrated complicity of her com- manding officers with them in their hostilities against the United States. . . . That the two Englishmen, executed by order of General Jackson, were not only identified with the savages with whom they were carrying on the war against the United States, but that one of them was the mover and fomenter of the war, which, without his interference and false promises to the Indians of support from the British government, never would have hap- pened; that the other was the instrument of war against Spain as well as the United States; commissioned by MacGregor and expedited hy Wtoodbine, upon their project of conquering Florida, with these Indians and negroes; that as accomplices of the sav- ages and sinning against their better knowledge, worse than savages. General Jackson, possessed of their persons and of the proofs of their guilt, might, by the lawful and ordinary usages of war, have hung them both without the formality of a trial; that to allow them every possible opportunity of refuting the 358 The Purchase of Florida proofs, or of showing any circumstances in extenuation of their crimes he gave them the benefit of trial by a court-martial of highly respectable officers; that the defense of one consisted solely and exclusively of technical cavils at the nature of part of the evidence against him and the other confessed his guilt; finally that in restoring Pensacola and St. Marks to Spain the president gives the most signal proof of his confidence, that hereafter her engagement to restrain by force the Indians of Florida from all hostilities against the United States will be effectually fulfilled — that there will be no more murders, no more robberies within our borders by savages, prowling along the Spanish line and seeking shelter within it, to display in their villages the scalps of our women and children, their victims, and to sell with shameless effrontery the plunder from our citizens in Spanish forts and cities - — that we shall have no more apologies from Spanish governors and commandants of their inability to perform the duties of their office and the solemn contracts of their coun- try, no more excuses for compliances to the savage enemies^ of the United 'States from the dread of their attacks upon themselves, no more harboring of foreign impostors upon compulsion — that strength sufficient will be kept in the province to restrain the Indians by force and officers empowered amd entrusted to employ It effectually to maintain the good faith of the nation by the effective fulfilment of the treaty. The duty of this government to protect the persons and property of our fellow citizens on the borders of the United States is imperative; it must be discharged; and if after all the warnings that Spain has had — if after the prostration of all her territorial rights, neutral obligations by Nicholls and his banditti during war, and all her treaty stipulations by Arbuthnot and Ambrister abetted by her own commanding officers during peace to the cruel annoyance of the United States ■ — if the necessities of self defense should again compel the United States to take possession of the Spanish forts and places in Florida, declare with the frankness and candor that becomes us, that another unconditional restoration of them must not be expected; that even the president's confidence in the good faith and ultimate justice of the Spanish government, will yield to the painful ex- perience of continual disappointment; and that after unwearied and almost unnumbered appeals to them for the performance of their stipulated duties, in vain, the United States will be reluct- antly compelled to rely for the protection of their borders upon themselves alone, John Qm.NCY Adams. APPENDIX D. 17&5. TRIEiAiTY OOF" FRI'ENIDlSHIP, IjIMITS, AND NlAiVrG-ATIION. OONCLXJDED OCTOBEK 27, 1795; RATIFICATIONS EXCHANGED AT ARANJtIEZ APEiL 25, 179i6; peoclaimed august 2, 1796. His Catholic Majesty and the United States of America, desiring to consolidate, on a permanent basis, the friendship and good correspondence which happily prevails between the two parties, have determined to estaJhlish, by aj convention, several points, the settlement whereof will be productive of general ad- vantage and reciprocal utility to both nations. With this intention, his Catholic Majesty has appointed the most excellent Lord Don Manuel de 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 the V., Commander of Valencia del Ventoso, Rivera, and Acenchal in that of Santiago, Knight and Great Cross of the religious Order of St. John; Counsellor of State; Superintendent General of the Posts and Highways; Protector of the Royal Academy of the Noble Arts, and of the Royal Societies of Natural History, Botany, Chemistry, and Astronomy; Gentle- man 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., and the President of the United States, with the advice and consent of their Senate, has appointed Thomas Pinckney, hj citizen of the United States, and their Envoy Extraordinary to His Catholic Majesty. And the said Plenipotentiaries have agreed upon and concluded the following articles : 360 The Purchase of Florida AETICLE 1. Tliere shall be a firm and inviola'ble peace and sincere friend- ship between His Catholic Majesty, his successors and subjects, and the United States and their citizens, without exception of persons or places. ARTICLE 2. To prevent all disputes on the subject of the boundaries which separate the territories of the two high contracting parties, it is hereby declared and agreed as follows, to-wit: The southern boundary of the United States, which divides their territory from the Spanish colonies of Bast and Wiest 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 drawn due east to the middle of the river Appalachicola, or Catachouche, thence along the middle thereof to its junction with the Flint; thence straight to the head of St. Mary's River, and thence down the middle thereof to the Atlantic Ocean. And it is agreed that 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 it be possible; and that they shall be per- mitted to take with them all the goods and effects which they possess. ARTICLE 3. In order to carry the preceding article into effect, one com- missioner 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 expiration of six months from the ratification of this convention, and they shall proceed to run and mark this boundary according to the stipulations of the said article. They shall make plats and keep journals of their proceedings, which shall be considered as part of this convention, and shall have the same force as if they were inserted therein. And if on any account it should be found necessary that the said commissioners and surveyors should be accom- panied by guards, they shall be furnished in equal proportions by Appendices 361 the commanding officer of His Majesty's troops in the tvfo Moridas, and the commanding officer of the troops of the United States in their southwestern territory, who shall act by common consent, and amicably, as well with respect to this point as to the furnishing of provisions and instruments, and making every other arrangement which may be necessary or useful for the execution of this article. AETICLE 4. It is likewise agreed that the western boundary of the United States which separates them from the Spanish colony of Liouisiana, 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 priv- ilege to the su'bjects of other powers by special convention. ARTICLE 5. 'The two high contracting parties shall, by all the means in their power, maintain peace and harmony among the several Indian nations who inhabit the country adjacent to the lines and rivers, which, by the preceding articles, form the boundaries of the two Floridas. And the better to obtain this effect, both parties oblige themselves expressly to restrain by force all hos- tilities on the part of the Indian nations living within their boundaries; so that Spain will not suffer her Indians to attack the citizens of the United States, nor the Indians inhabiting their territory; nor will the United States permit these last mentioned Indians to commence hostilities against the subjects of His Catholic Majesty or his Indians in any manner whatever. Ahd whereas several treaties of friendship exist between the two contracting parties and the said nations of Indians, it is hereby agreed that in future 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, but hoth parties will endeavor to make the advantages of the Indian trade common and mutually heneflcial to their respective 362 The Purchase of Florida subjects' and citizens, observing in all things the most complete reciprocity; so that both parties may obtain the advantages arising from a good understanding with the said nations, without being subject to the expense which they have hitherto occasioned. AETICtE 6. Each party shall endeavor, by all means in their power, to protect and defend all vessels and other effects belonging to the citizens or subjects of the other, which shall be within the extent of their jurisdiction by sea or by land, and shall use all their efforts to recover, and cause to be restored to the right owners, their vessels and effects which may have been taken from them within the extent of their said jurisdiction, whether they are at war or not with the power whose subjects have taken posses- sion of the said effects. ARTICLE 7. 'And it is agreed that the subjects of each of the contracting parties, their vessels or effects, shall not be liable to any embargo or detention on the part of the other, for any military expedition or other public or private purpose whatever; and in all cases of seizure, detention, or arrest for debts contracted, or offenses committed by any citizen or subject of the one party within the jurisdiction of the other, the same shall be made and prosecuted by order and authority of law only, and according to the regular course of proceeding usual in such cases. The citizens and subjects of both parties shall be allowed to employ such advo- cates, solicitors, notaries, agents, and factors, as they may judge proper, in all their affairs, and in all their trials at law, in which they may be concerned before the tribunals of the other party; and such agents shall have free access to be present at the proceedings in such causes, and at the taking of all examin- ations and evidence which may be exhibited in the said trials. ARTICLE 8. 'In case the subjects and inhabitants of either party, with their shipping, whether public and of war, or private and of merchants, be forced, through stress of weather, pursuit of pirates or enemies, or any other urgent necessity, for seeking Appendices 363 of shelter and harbor, to retreat and enter into any of the rivers, hays, roads, or ports belonging to the other party, they shall be received and treated with all humanity, and enjoy all favor, protection, and help, and they shall be permitted to refresh and provide themselves at reasonable rates, with victuals and all things needful for the sustenance of their persons, or reparation of their ships and prosecution of their voyage; and they shall no ways be hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance. ABTICLE 9. All ships and merchandize, of what nature soever, which shall be rescued out of the hands of any pirates or robbers on the high seas, shall be brought into some port, in order to be taken care of, and restored entire to the true proprietor, as soon as due and suflBcient proof shall be made concerning the property thereof. ARTICLE 10. "Wlhen any vessel of either party shall be wrecked, foundered, or otherwise damaged, on the coasts or within the dominion of the other, their respective subjects or citizens shall receive, as well for themselves as for their vessels and effects, the same assistance which would be due to the inhabitants of the country where the damage happens, and shall pay the same charges and dues only as the said inhabitants would be subject to pay in a like case; and if the operations of repair should require that the whole or any part of the cargo be unladen, they shall pay no duties, charges, or fees on the part which they shall relade and carry away. ARTICLE 11. The citizens and subjects of each party shall have power to dispose of their personal goods, within the jurisdiction of the other, by testament, donation, or otherwise, and their represen- tatives being subjects or citizens of the other party, shall succeed to their said personal goods, whether by testament or ah intestato and they may take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, 364 The Purchase of Florida paying such dues only as the inhabitants of the country wherein the said goods are, shall be subject to pay in like cases. And in case of the absence of the representative, such care shall be taken of the said goods, as would be taken of the goods of a native in like case, until the lawful owner may take measures for receiving them. And if questions shall arise among several claimants to which of them the said goods belong, the same shall be decided finally :by the laws and judges of the land wherein the said goods are. And where, on the death of any person holding real estate within the territories of the one party, such real estate would by the laws of the land descend on a citizen or subject of the other, were he not disqualified by being an alien, such subjects shall be allowed a reasonable time to sell the same, and to withdraw the proceeds without molestation, and exempt from all rights of detraction on the part of the govern- ment of the respective states. ARTICLE 12. The merchant ships of either of the parties which shall be making into a port belonging to the enemy of the other party, and concerning whose voyage, and the species of goods on board her, there shall be just grounds of suspicion, shall be obliged to exhibit as well upon the high seas as in the ports and havens, not only her passports, but likewise certificates, expressly showing that her goods are not of the number of those which have been prohibited as contraband. AETICLE 13. For the better promoting of commerce on both sides, it is agreed, that if a war shall break out between the said two nations, one year after the proclamation of war shall be allowed to the merchants in the cities and towns where they shall live, for collecting and transporting their goods and merchandizes; and if anything be taken from them or any injury be done them within that term, by either party, or the people or subjects of either, full satisfaction shall be made for the same by the government. ARTICLE 14. No subject of His Catholic Majesty shall apply for, or take any commission or letters of marque, for arming any ship or Appendices 365 ships to act as privateers against the said United States, or against the citizens, people, or inhahitants of the said United States, or against the property of any of the inhahitants of them, from any Prince or State with which the said king shall be at war. And if any person of either nation shall take such com- missions or letters of marque, he shall he punished as a pirate. ARTICLE 15. It shall be lawful for all and singular the subjects of His Catholic Majesty, and the citizens, people, and inhabitants of the said United States, to sail with their ships with all manner of liberty and security, no distinction being made who are the pro- prietors of the merchandizes laden thereon, from any port to the places of those who now are, or hereafter shall be, at enmity with His Catholic Majesty or the United States. It shall be like- wise lawful for the subjects and inhabitants aforesaid, to sail with the ships and merchandizes aforementioned, and to trade- with the same liberty and security from the places, ports, and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy aforementioned, to neutral places, but also from one place belonging to an enemy, to another place belonging to an enemy, whether they be under the jurisdiction of the saime prince or under several; and it is hereby stipulated that free ships shall also give freedom to goods, and that every- thing shall be deemed free and exempt which shall be found on board the ships belonging to the subjects of either of the contracting parties, although the whole lading, or any part there- of, should appertain to the enemies of either; contraband goods being always excepted. It is also agreed that the same liberty be extended to persons who are on board a free ship, so tha>t although they be enemies to either party, they shall not be made prisoners or taken out of that free ship, unless they are soldiers and in actual service of the enemies. AETICUE 16. iThis liberty of navigation and commerce shall extend to all kinds of merchandizes, excepting those only which are distin- guished by the name of contraband; and under this name of contraband or prohibited goods, shall be comprehended arms. 366 The Piurchase of Florida great guns, bombs, with, the fusees, and other things belonging to them, cannon-ball, gun-powder, match, pikes, swords, lances, spears, halberds, mortars, petards, granades, saltpeter, muskets, musket-balls, bucklers, helmets, breast plates, coats of rnail, and the like kind of arms proper for arming soldiers, musket-rests, belts, horses with their furniture, and all other warlike instru- ments whatever. These merchandizes which follow shall not be reckoned among contraband or prohibited goods: That is to say, all sorts of cloths, and all other manufactures woven of any wool, flax, silk, cotton, or any other materials whatever; all kinds of wearing apparel, together with all species whereof they are used to be made; gold and silver, as well coined as uncoined, tin, latton, copper, brass, coals, as also wheat, barley, oats, and any other kind of corn and pulse; tobacco and likewise all man- ner of spices, salted and smoked flesh, salted fish, cheese and butter, beer, oils, wines, sugars, and all sorts of salts, and in general all provisions which serve for the sustenance of life. Furthermore all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, pails, sail-cloths, anchors, and any parts of anchors; also ships' masts, planks, wood of all kind, and all other things proper either for building or repairing ships, and all other goods whatever which have not been worked into the form of any instrument prepared for war, by land or by sea, shall not be reputed contraband, much less such as have been already wrought and made up for any other use; all which shall be wholly reck- oned among free goods, as likewise all other merchandizes and things which are not comprehended and particularly mentioned in the foregoing enumeration of contraband goods; so that they may be transported and carried in the freest manner by the sub- jects of both parties, even to places belonging to an enemy, S'uch towns or places being only excepted as are at that time besieged, blocked up, or invested. And except the cases in which any ship of war or squadron shall, in consequence of storms or other acci- dents at sea, be under the necessity of taking the cargO' of any trading vessel or vessels, and furnish themselves with neces- saries, giving a receipt, in order that the power to whom the said ship of war belongs may pay for the articles so taken according to the price thereof, at the port to which they may appear to have been destined by the ship's papers; and the two contracting pai'- ties engage, that the vessels shall not be detained longer than may be absolutely necessary for their said ships to supply themselves with necessaries; that they will immediately pay the value of the Appendices i,6j receipts, and indemnify the proprietor for all losses "whicli lie may- have sustained in consequence of such a transaction. ARTICLE 17. To the end that all manner of dissensions and quarrels may- lye avoided and prevented on one side and the other, it is agreed that in case either of the parties hereto should be engaged in a ■war, the ships and vessels belonging to the subjects or people of the other party must be furnished with sea-letters or pass- ports expressing the name, property, and bulk of the ship, as also the name and place of habitation of the master or com- mander of the said ship, that it may appear thereby that the ship really and truly belongs to the subjects of one of the parties, which passport shall be made out and granted according to the form annexed to this treaty. They shall likewise be recalled every year, that is, if the ship happens to return home within the space of a year. ilt is likewise agreed, that such ships being laden, are to be provided not only with passports as above mentioned, but also with certificates, containing the several particulars of the cargo, the place whence the ship sailed, that so it may be known wheth- er any forbidden or contraband goods be on board the same; which certificates shall be made out by the officers of the place whence the ship sailed in the accustomed form. And if any one shall think it fit or advisable to express in the said certificates the person to whom the goods on board (belong, he may freely do so. Without which requisites they may be sent to one of the ports of the other contracting party, and adjudged by the com- petent tribunal, according to what is above set forth, that all the circumstance of this omission having been well examined, they shall be adjudged to be legal prizes, unless they shall give legal satisfaction of their property by testimony entirely equiv- alent. ARTICLE 18. If the ships of the said subjects, people, or inhabitants, of either of the parties shall be met with, either sailing along the coasts or on the high seas, (by any ship of war of the other, or by any privateer, the said ship of war or privateer, for the avoiding of any disorder, shall remain out of cannon-shot, and may send their boats aboard the merchant ship, which they shall so meet 368 The Purchase of Florida ■witli, and may enter her to number of two or three men only, to whom the master or commander of such ship or vessel shall exhibit his passports, concerning the property of the ship, made out according to the form inserted in this present treaty; and the ship, when she shall have showed such passports, shall be free and at liberty to pursue her voyage, so as it shall not be lawful to molest or give her chase in any manner, or force her to quit her intended course. AETICLE 19. Consuls shall be reciprocally established, with the privileges and powers which those of the most favored nations enjoy, in the ports where their consuls reside or are permitted to be. AETICUE 20. It is also agreed that the inhabitants of the territories of each party shall respectively have free access to the courts of justice of the other, and they shall be permitted to prosecute suits for the recovery of their properties, the payment of their debts, and for obtaining satisfaction for the damages which they may have sustained, whether the persons whom they may sue be subjects or citizens of the country in which they may be found, or any other persons whatsoever, who may have taken refuge therein; and the proceedings and sentences of the said courts shall (be the same as if the contending parties had been subjects or citizens of the said country. ARTICLE 21. In order to terminate all differences on account of the losses sustained by the citizens of the United States in consequence of their vessels and cargoes having been taken by the subjects of His Catholic Majesty, during the late war between Spain and France, it is agreed that all such cases shall be referred to the final decision of commissioners, to be appointed in the fol- lowing manner. His Catholic Majesty shall name one commis- sioner, and the president of the United States, by and with the advice and consent of their senate, shall appoint another, and the said two commissioners shall agree on the choice of a third, or if they cannot agree so, they shall each propose one person. Appendices 369 and of the two names so proposed, one shall he drawn by lot in the presence of the two original commissioners, and the per- son whose name shall be so drawn shall be the third commis- sioner; and the three commissioners so appointed shall be sworn impartially to examine and decide the claims in ques- tion, according to the merits of the several cases, and to justice, equity, and the laws of the nations. The said commissioners shall meet and sit at Philadelphia,; and in the case of the death, sickness, or necessary absence of any such commissioner, his place shall be supplied in the same manner as he was first ap- pointed, and the new commissioner shall take the same oaths, and do the same duties. 'They shall receive all complaints and applications authorized by this article, during eighteen months from the day on which they shall assemlble. They shall have power to examine all such persons as come before them on oath or affirmation, touching the complaints in question, and also to receive in evidence all written testimony, authenticated in such manner as they shall think proper to require or admit. The award of the said commissioners, or any two of them, shall be final and conclusive, both as to the justice of the claim and the amount of the sum to be paid to the claimants; and His Cath- olic Majesty undertakes to cause the same to be paid in specie, without deduction, at such times and places, and under such conditions as shall be awarded by the said commissioners. ARTICLE 22. The two high contracting parties, hoping that the good cor- respondence and friendship which happily reigns between them will be further increased by this treaty, and that it will contri- bute to augment their prosperity and opulence, will in future give to their mutual commerce all the extension and favor which the advantage of both countries may require. And in consequence of the stipulations contained in the fourth article. His Catholic Majesty will permit the citizens of the Unit- ed States, for the space of three years from this time, to deposit their merchandize 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 24 370 The Purchase of Florida part of tke banks of the Mississippi an equivalent establish- ment. AETICLE 23. The present treaty shall not be in force until ratified by the contracting parties, and the ratifications shall be exchanged in six months from this time, or sooner if possible. In witness whereof we, the underwritten Plenipotentiaries of His Catholic Majesty and of the United States of Aimerica, have signed this present treaty of friendship, limits, and naviga- tion, and thereunto afiixed our seals respectively. Done at San Lorenzo el Real, this seven and twenty day of October, one thousand seven hundred and ninety-five, (seal) Thomas Pinckney. (seal) El Pkincipe de la Paz. APPENDIX E. 1819. TREtAfTY OIF AiMITY, SETTUEfMENT, AND LdMITS. CONCLUDED FEBEUAKY 22, 1819; EATIFICATIONS EXCHANGED AT WASH- INGTON FEBRUAEY 22, 1821; PROCLAIMED FEBRUAEY 22, 18'21. The United States of America and His Catliolic Majesty, de- siring to consolidate, on a permanent basis, the friendship and good correspondence which happily prevails between the two parties, have determined to settle and terminate all their dif- ferences and pretensions, by a treaty, which shall designate, with precision, the limits of their respective bordering territories in North America. With this intention the President of the United States has furnished with their full powers John Quincy Adams, Secretary of State of the said United States; and His Catholic Majesty has appointed the Miost Eixcellent Lord Don Luis de Onis, Gonzales, Lopez y Vara, Lord of the town of Rayaces, Perpetual Regidor of the Corporation of the city of Salamanca, Elnight Grand Cross of the Royal Vendee, Knight Pensioner of the Royal and Dis- tinguished Spanish Order of Charles the Third, Member of the Supreme Assemlbly of the said Royal Order; of the Council of His Catholic Majesty; His Secretary, with Exercise of Decrees, and His Envoy Extraordinary and Minister Plenipotentiary near the United States of America; And the said Plenipotentiaries, after having exchanged their powers, have agreed upon and concluded the following articles: ARTICLE 1. There shall be a firm and inviolable peace and sincere friend- ship between the United States and their citizens and His Cath- olic Majesty, his successors and subjects, without exception of persons or places. 372 The Purchase of Florida ASJllGLE. 2. His Catholic Majesty cedes to the United States, in full property and sovereignty, all the territories which belong to him, situated to the eastward of the Mississippi, known by the name of East and West Florida. The adjacent islands dependent on said provinces, all public edifices, fortifications, barracks, and other buildings, which are not private property, archives and documents, which relate directly to the property and sovereignty of said provinces, are included in this article. The said archives and documents' shall be left in possession of the commissaries or oflBcers of the United States, duly authorized to receive them. ARTICLE 3. The boundary line between the two countries, west of the Mississippi, shall begin on the Grulf of Mexico, at the mouth of the river Sabine, in the sea, continuing north, along the western bank of that river, to the 32d degree of latitude; thence, by a line due north, to the degree of latitude where it strikes the Rio , Roxo westward, to the degree of longitude 100 west from Lion- don and 23 from Washington; then, crossing the said Red River, and running thence, by a line due north, to the river Arkansas; thence, following the course of the southern bank of the Ar- kansas, to its source, in latitude 42 north; and thence by that parallel of latitude, to the South Sea. The whole being as laid down in Melish's map of the United States, published at Phila- delphia, improved to the first of January, 181?. But if the source of the Arkansas River shall be found to fall north or south of latitude 42, then the line shall run from the said source due south or north, as the case may be, till it meets^ the said par- allel of latitude 42, and thence, along the said parallel, to the South iSea. All the islands in the Sabine, and the said Red and Arkansas rivers, throughout the course thus described, to belong to the United States; but the use of the waters, and the naviga- tion of the Sabine to the sea, and of the said rivers Roxo and Arkansas, throughout the extent of the said boundary, on their respective banks, shall be common to the respective inhabitants of both nations. The two high contracting parties agree to cede and renounce all their rights, claims, and pretensions, to the territories de- scribed by the said line, that is to say: The United States' hereby Appendices 373 cede to His Catholic Majesty, and renounce forever, all their rights, claims, and pretensions, to the territories lying west and south of the above described line; and, in like manner. His Catholic 'Majesty cedes to the said United States all his rights, claims, and pretensions to any territories east and north of the said line, and for himself, his heirs, and successors, renounces all claim to the said territories forever. ARTICLE 4. To fix this line with more precision, and to place the land- marks which shall designate exactly the limits of both nations, each of the contracting parties shall appoint a commissioner and a surveyor, who shall meet before the termination of one year from the date of the ratification of this treaty at Natchitoches, on the Red River, and proceed to run and mark the said line, from the mouth of the Sabine to the Red River, and from the Red River to the river Arkansas, and to ascertain the lati- tude of the source of the said river Arkansas, in conformity to what is above agreed upon and stipulated, and the line of lati- tude 42, to the South iSea; they shall make out plans, and keep journals of their proceedings, and the result agreed upon by them shall "be considered as part of this treaty, and shall have the same force as if it were inserted therein. The two govern- ments' will amicably agree respecting the necessary articles to be furnished to those persons, and also as to their respective escorts, should such be deemed necessary. ARTICLE 5. The inhabitants of the ceded territories shall be secured in the free exercise of their religion, without any restriction; and all those who may desire to remove to the Spanish dominions shall be permitted to sell or export their effects, at any time whatever, without being subject, in either case, to duties. ARTICLE '6. The inhabitants of the territories which His Catholic Majesty cedes to the United States, by this treaty, shall be incorporated in the Union of the United States, as soon as may be consistent with the principles of the Federal Constitution, and admitted to 374 T^^^ Purchase of Florida the enjoyment of all the privileges, rights, and immunities of the citizens of the United States. ARTICLE 7. The officers and troops of His Catholic Majesty, in the ter- ritories herehy ceded by him to the United States, shall he with- drawn and possession of the places occupied by them shall be given within six months after the exchange of the ratifications of this treaty, or sooner if possible, by the officers of His Catholic Majesty, to the commissioners or officers of the United States duly appointed to receive them; and the United States shall fur- nish the transports and escort necessary to convey the Spanish officers and troops and their baggage to the Havana. ARTICLE 8. Ail the grants of land made before the 24th of January, 1818, by His Catholic Majesty, or by his lawful authorities, in the said territories ceded by His Majesty to the United States, shall be ratified and confirmed to the persons in possession of the lands, to the same extent that the same grants would be valid if the territories had remained under the dominion of His Catholic Majesty. But the owners in possession of such lands, who, by reason of the recent circumstances of the Spanish na- tion, and the revolutions in Europe, have been prevented from fulfilling all the conditions of their grants, shall complete them within the terms limited in the same, respectively, from the date of this treaty; in default of which the said grants shall be null and void. All grants made since the said 24th of Janu- ary, 1818, when the first proposal, on the part of His Catholic Majesty, for the cession of the Ploridas was made, are hereby declared and agreed to be null and void. ARTICLE 9. The two high contracting parties, animated with the most earnest desire of conciliation, and with the object of putting an end to all differences which have existed between them, and of confirming the good understanding which they wish to be for- ever maintained between them, reciprocally renounce all claims for damages or injuries which they, themselves, as well as their Appendices 375 respective citizens and subjects, may have suffered until the time of signing this treaty. The renunciation of the United States will extend to all the injuries mentioned in the convention of the 11th of August, 1802. 2. To all claims on account of prizes made by French pri- vateers, and condemned by French consuls, within the territory and jurisdiction of Spain. 3. To all claims of indemnities on account of suspension of the right of deposit at New Orleans in 18'02. 4. To all claims of citizens of the United States upon the government of Spain, arising from the unlawful seizures at sea, and in the ports and territories.,^ Spain, or the Spanish colonies. 5. To all claims of citizen's of the United States upon the Spanish government, statements of which, soliciting the inter- position of the government of the United States, have been pre- sented to the department of state, or to the minister of the Unit- ed iStates in Spain, since the date of the convention of 1802, and until the signature of this treaty. The renunciation of His Catholic Majesty extends — " 1. To all the injuries mentioned in the convention of the 11th of August, 1802. 2. To the sums which His Catholic Majesty advanced for the return of Captain Pike from the Provinces Internas. 3. To all injuries caused by the expedition of Miranda, that was fitted out and equipped at New York. 4. To all claims of Spanish subjects upon the government of the United States arising from unlawful seizures at sea, or within the ports and territorial jurisdiction of the United States. Finally, to all the claims of subjects of His Catholic Majesty upon the government of the United States in which the inter- position of His Catholic Majesty's government has- been solicited, before the date of this treaty and since the date of the conven- tion of 1802, or which may have been made to the department of foreign affairs of His Majesty, or to his minister in the United States. And the high contracting parties, respectively, renounce all claim to indemnities for any of the recent events or transactions of their respective commanders and officers in the Floridas. The United States will cause satisfaction to be made for the injuries, if any, which, by process of law, shall be established to have been suffered by the Spanish officers, and individual 376 The Purchase of Florida Spanish inhabitants, by the late operations of the American army in Florida. ARTICLE 10. The convention entered into between the two governments, on the 11th of A^ugust, 1802, the ratifications of which were exchanged the 21st of December, 1818, is annulled. ARTICLE 11. The United States, exonerating Spain from all demands in future, on account of the claims of their citizens to which the renunciations herein contained extend, and considering them entirely cancelled, undertake to make satisfaction for the same, to an amount not exceeding five millions of dollars. To ascer- tain the full amount and validity of those claims, a commission, to consist of three commissioners, citizens of the United States, shall be appointed by the president, by and with the advice and consent of the senate, which commission shall meet at the city of Washington, and, within the space of three years from the time of their first meeting, shall receive, examine, and decide upon the amount and validity of all the claims included within the descriptions above mentioned. The said commissioners shall take an oath or affirmation, to be entered on the record of their proceedings, for the faithful and diligent discharge of their duties; and, in case of the death, sickness, or necessary absence of any such commissioner, his place may be supplied by the ap- pointment, as aforesaid, or by the president of the United' States, during the recess of the senate, of another commissioner in his stead. The said commissioners shall be authorized to hear and examine suitable authentic testimony concerning the same. And the Spanish government shall furnish all such documents and elucidations as may be in their possession, for the adjustment of the said claims, according to the principles of justice, the laws of nations, and the stipulations of the treaty between the two parties of 27th of October, 1795; the said documents to be speci- fied, when demanded, at the instance of the said commissioners. The payment of such claims as may be admitted and adjusted by the said commissioners, or the major part of them, to an amount not exceeding five millions of dollars, shall be made by the United States, either immediately at their treasury, or by the creation of stock, bearing an interest of six per cent, per Appendices 377 annum, payalble from the proceeds of sales of public lands within the territories hereby ceded to the United States, or in such other manner as the congress of the United .States may prescribe by law. The records of the proceedings of the said commissioners, together with the vouchers and documents produced before them, relative to the claims to be adjusted and decided upon by them, shall, after the close of their transactions, be deposited in the department of state of the United States; and copies of them, or any part of them, shall be furnished to the Spanish govern- ment, if required, at the demand of the Spanish minister in the United States. ARTICLE 12. The treaty of limits and navigation, of 1796, remains con- firmed in all and each one of its articles excepting the second, third, fourth, twenty-first and the second clause of the twenty- second article, which, having been altered by this treaty, or having received their entire execution, are no longer valid. With respect to the fifteenth article of the same treaty of friendship, limits, and navigation of 17-95, in which it is stipulated that the flag shall cover the property, the two high contracting parties agree that this shall be so understood with respect to those powers who recognize this principle; but if either of the two contracting parties shall be at war with a third party, and the other neutral, the flag of the neutral shall cover the property of enemies whose government acknowledge this principle, and not of others. ARTICLE 13. Both contracting parties, wishing to favor their mutual commerce, by affording in their ports every necessary assistance to their respective merchant vessels, have agreed that the sailors who shall desert from their vessels in the ports of the other, shall be arrested and delivered up, at the instance of the consul, who shall prove, nevertheless, that the deserters belonged to the vessels that claimed them, exhibiting the document that is cus- tomary in their nation; that is to say, the American consul in a Spanish port shall exhibit the document known by the name of articles, and the Spanish consul, in American ports, the roll of the vessel; and if the name of the deserter or deserters who are claimed shall appear in the one or the other, they shall be 378 The Purchase of Florida arrested, held in custody, and delivered to the vessel to which they shall belong. ARTICLE 14. The United States hereby certify that they have not received any compensation from France for the injuries they suffered from privateers, consuls, and tribunals on the coasts and in the ports of Spain, for the satisfaction of w^hich provision is made by this treaty; and they will present an authentic statement of the prizes made, and of their true value, that Spain may avail herself of the same in such manner as she may deem just and proper. ARTICLE 15. The United States, to give to His Catholic Majesty a proof of their desire to cement the relations of amity subsisting be- tween the two nations, and to favor the commerce of the sub- jects of His Catholic Majesty, agree that Spanish vessels, coming laden only with productions of Spanish growth and manufac- tures, directly from the ports of Spain, or of her colonies, shall be admitted, for the term of twelve years, to the ports of Pen- sacola and St. Augustine, in the Floridas, without paying other or higher duties on their cargoes, or of tonnage, than will be paid by the vessels of the United States. During the said term no other nation shall enjoy the same privileges within the ceded territories. The twelve years shall commence three months after the exchange of the ratifications of this treaty. ARTICLE 16. The present treaty shall be ratified in due form, by the contracting parties, and the ratifications shall be exchanged in six months from this time, or sooner if possible. In witness whereof we, the underwritten Plenipotentiaries of the United States of America and of His Catholic Majesty, have signed, by virtue of our powers, the present treaty of amity, settlement, and limits, and have thereunto affixed our seals, re- spectively. Done at Wlashington this twenty-second day of Feb- ruary, one thousand eight hundred and nineteen. (seal) John Quincy Adams. (&eal) Ltris de Onis. Appendices 379 RATIFICATION BY HIS CATHOLIC MAJESTY, ON THE TWENTY-FOUBTH DAY OF OCTOBEB, IN THE YEAB OF OUB lORD ONEI THOU- SAND EIGHT HUNDRED AND TWENTY. Ferdinand the 'Seventh, by the Grace of God and by the constitution of the Spanish monarchy. King of Spain. Whereas on the twenty-second day of February, of the year one thousand eight hundred and nineteen last past, a treaty was concluded and signed in the city of Washington, between Don Luis de O^nis, my Envoy Extraordinary and Minister Plenipoten- tiary, and John Quincy Adams, Esquire, Secretary of State of the United States of America, competently authorized by both parties, consisting of sixteen articles, which had for their ob- ject the arrangement of differences and of limits between both governments and their respective territories, which are of the following form and literal tenor: (Here follows the foregoing treaty, word for word.) Therefore, having seen and examined the sixteen articles aforesaid, and having first obtained the consent and authority of the General Cortes of the nation with respect to the cession mentioned and stipulated in the 2nd and 3rd articles, I approve and ratify all and every one of the articles referred to, and the clauses which are contained in them; promising, on the faith and word of a King, to execute and observe them, and to cause them to be executed and observed entirely as if I myself had signed them; and that the circumstance of having exceeded the term of six months, fixed for the exchange of the ratifications in the 16th article, may afford no obstacle in any manner, it is my deliberate will that the present ratification be as valid and firm, and produce the same effects, as if it had been done within the determined period. Desirous at the same time of avoiding any doubt or ambiguity concerning the meaning of the 8th article of the said treaty, in respect to the date which is pointed out in it as the period for the confirmation of the grants of lands in the Floridas, made by me, or by the competent authorities in my royal name, which date was fixed in the positive understanding of the three grants of land made in favor of the Duke of Alagon, the Count of Punonrostro, and Don Pedro de Vargas, being an- nulled by its tenor, I think proper to declare that the said three grants have remained and do remain entirely annulled and in- valid; and that neither the three individuals mentioned, nor those who may have title or interest through them, can avail 380 The Purchase of Florida themselves of the said grants at any time or in any manner: under which explicit declaration the said 8'th article is to be under- stood as ratified. !ln the faith of all which I have commanded the issuance of these presents. Signed hy my hand, sealed with my secret seal, and countersigned by the underwritten my Secretary of the Department of State. Given at Madrid, the twenty-fourth of October, one thousand eight hundred and twenty. Fernajstdo. EJvAEiSTO Perez de Castro. APPENDIX F, BIBLIOGRAPHY. MSS. State Department. Instructions to our Ministers. Domestic Letters. Letters from Ministers Abroad to the Secretary of State. Secretary of State to Foreign Ministers. MISIS. State Department, Negotiation Books. " " " Foreign Letters. American State Papers. MSiS. State Department, Letters of William Short. " " " Letters of David Humphreys. " " " Letters of Thomas Pinckney. American State Papers, Foreign Affairs. " " " Military Affairs. " " " Indian Affairs. Annals of Congress, Vol. XXXiri. Debates on Seminole War. Wharton's Diplomatic History of the American Revolution. Wharton's International Law. Wbolsey's International Law. Vattel's Law of Nations. Hall's International Law. Fiske's Critical Period of American History. Trescott's Diplomacy of Washington's and Adams's Terms. Jefferson's Wbrks. Hamilton's Works. Hamilton's Republic. Gallatin's Works. Jefferson Papers. John Quincy Adams's Diary. MteMaster's History of the People of the United States. Schouler's History of the United States. Hildreth's History of the United States. 382 The Purchase of Florida Adams's History of the United States. Benton's Thirty Years' View. Campbell's Colonial Florida. Williams's History of Florida. Memoirs of Florida. R. H. Rerick and Fleming. Fairbanks's History of Florida. Green's History of Florida. Liowry's History of 'Mississippi. Stevens's History of Greorgia. Parton's Jackson. Sumner's Life of Jackson. Alexander Hamilton. Henry Cabot Lodge. James Monroe. D. C. Oilman. Thomas Jefferson. J. T. Morse, Jr. James Madison. S. H. Gay. John Quincy Adams. J. T. Morse, Jr. Life of J. Q. Adams. Josiah Quincy. Memoirs of J. Q. Adams. Chas. Francis Adams. Baton's Jackson. Niles Register. Memoranda of a Residence at the Court of London. Richard Rush. Von Hoist's Constitutional and Political History of the United States. Acquisition of Florida. American Historical Magazine, Vol. XIX, pp. 28'6-301. Hon. J. L. M. Curry. Mistake Made as to the East Boundary of Louisiana (1814). Benj. Vaughan INDEX AbbadiAj d', 129. Acadia, 143. Adaes River, 150, 29 9. Adaes, Nuestra Senora de los, post, 159. Adams, John, 54. Adams, John Quincy, 74, 79, 89, 90, 95, 324, 328; member of , joint commission to go to St. Petersburg, 202 ; talies part of Jaclvson in cabinet debate, 267-270 ; extract from diary of, 268-269 ; terms of adjustment between Spain and United States proposed by, 276-277; disputes between De Onis and, 277-278 ; comments upon offer of England to mediate, 279 ; desirous of recognizing Soutli American colonies, 280 ; makes inquiry regard- ing England's attitude to- ward colonies, 280 ; De Onis protests to, against course of Jackson, 282-283 ; answer of, to De Onis, 283-284; reply of De Onis to, 284-285; sends to Pizarro full statement of American case, 286-291; ap- preciation of document, and its success, 291-293 ; describes opinion in England regarding Jackson campaign, 295 ; letter to, from Erving regarding propitious time for treaty, 296-297 ; opinion about De Onis, 298-299 ; treats with De Onis concerning boundaries, 299-300 ; demands cancellation of land grants in Florida, 300 ; reply of De Onis to, 300-301 ; requests England to join Unit- ed States in recognizing South American colonies, 301-303 ; recommends provisional seiz- ure of Florida, 303-304; De Neuville intermediary between iDe Onis and, 304 ; opposition to, in cabinet, 304-305 ; final negotiations between De Onis and, 305-307 ; comments of, upon treaty provisions, 307- 30'8 ; De Onis and, discuss question of land grants in Florida, 309 ; sends instnac- tions to Forsyth, 311-312 ; presidential aspirations of, :313 ; reply of, to Vives, 315 ; further discussions of, with Vives, 315-318; replies to Vives concerning consent of cortes, 318 ; assumes air of in- difference, 318 ; diary of, in Jackson's estimation, 320 ; principle followed by, in his negotiations, 330. Adams, Samuel, 17. Addington, Henry, 112. Adet, Pierre Auguste, 98. Aix-la-Chapelle, 297. Alabama, 173, 227, 321. Alabama claims, 219. Alabama River, 203, 204. Alagon, Duke of, 309. Alexander, Emperor of Russia, 202, 274. Alexander, Colonel , 211. Allegheny Mountains, 35, 3'6, 54. Amaya, , Mexican plotter, 219. Ambrister, Ro'bert, 2 53, 288, 295, 296, 328; captured by Jackson, 249 ; trial and exe- cution of, 250-252 ; debate in congress over, 2 56-26 7, Adams justifies execution of, 289-290, 291. Amelia Island, 79, 191, 193, 194, 197, 202, 205, 238, 240, 244, 277, 278, 288, 295, 327; char- acter of inhabitants of, 231- 2 32 ; under MacGregor, 232- 234 ; Aury takes possession of, 23 5-236 ; surrendered to Am- ericans, 23 6. America, 20, 25, 26, 27, 28, 30, 37, 44, 50, 57, 60, 63, 71, 88, 92, 96, 123, 139, 162, ,253, 2,62, 273, 314. See also United States, and North and South America. Ames, Fisher, S3, 326. Amit channel, 53. Andre, Major John, 263. Anville, Jean Baptiste Bourguig- non d', 141. Apalache, 124. Appalachian Mountains, 26, 28. Appalachicola River, 32, 144, 148, 227, 228, '22,9, 230, 23'8, 244. Aranda, Don Pedro Abarca y IBolea, Count d'. '29, 58. Arbuthnot, Alexander, 245, 253, 287, 292, 295, 296, 328; busi- ness of, in Florida, 246-247; writes to his son from St. Marks, 247 ; captured by Jack- son, 248 ; Jackson places blame upon, for escape of Bo- 384 The Purchase of Florida Arbuthnot, continued — leek, 249; trial and execution of, 250-252 ; debate in con- gress over, 256-267 ; accusa- tion of, by Adams, 286 ; Adams justifies execution of, 289-290, 291. Arkansas River, 299, SO*, 307. Armstrong, General John, 160, 161, 177, 178, 204; receives in- structions from IMadison re- specting French construction of Louisiana purchase treaty, 134-136 ; Talleyrand writes to, respecting same, 138-140 ; with Monroe, advises decisive meas- ures, 152-153; rejects Talley- rand's proposals regarding GPlorida, 162 ; transmits to America offer of Napoleon, 162 ; Monroe sends instruc- tions to, 168. Arnold, Benedict, 172. Arroyo Hondo, 2 99. Ashley, Colonel Richard H., de- mands surrender of Fernan- dina, 193. Atlantic Ocean, 33, 110, 183, 288, 330. Aury, Louis, 232 ; career of, 234- 235 ; takes possession of Am- elia Island, 235-236; surren- ders Fernandina, 236. Austria, 273. Bagot, Sir Charles, 270, 278, 279, 301; opinion of Jackson, 296. Bahamas, the, 247. Baltimore, 1214, 22'5, 226, 232. Barataria, 211, 232. Barbary states, 36, 4fi, 259. Barfeg-Marbois, Francois de, 112, 134, 158. Barnabue, Juan B., protests against occupation of Florida, r89 ; complains of violations of neutrality by United States, 190 ; replies to complaints of United States against De Onis, 214. Barrancas, Fort, 205, 206, 209, ,'243, 244, 255, 259, 282, 288. Basle, peace of (1795), 69; treaty of, 74. Baton Rouge, 160, 174, 184, 185, 186, 210. Bayard, James A., 202. Bayonne, i312. Belle River, 194. Beloxi, 144. Benton, Thomas Hart, ooposes treaty of 1819, 321-322.' Bermudas, the, 21. Bernado, , Mexican rev- olutionist, 219. Bib-b, W^illiam "Wyatt, 242. Bidwell, Barnabas, 164. Big Creek, 241. Blennerhassett's Island, 170. Blount, Colonel William, 88, 92, 201, 209, 26'5; his scheme, 80- 81 ; his trial and acquittal, 81- 82 ; D'Trujo demands punish- ment of, 84. Boleck ("Billy Bowlegs"), 227, 247, 249. Bonaparte, Joseph, 179, 182, 190, 213, 227. Bonaparte, Napoleon. See Na- polpon Bonaparte. Boone, Daniel, 48. Bourbons, the, 30, 281; Family Compact of, 141. Bournonville, General, French ambassador at Madrid, 116, r25, 139, 140. Bowdoin, James, 175 ; advises decisive measures in Louis- iana negotiations, 152; ap- pointed minister to iSpain, 159 ; Madison sends instructions to, 168 ; advises seizure of Flori- da, 176-177. "Bowlegs, Billy". See Boleck. Bowles, General William Augus- tus, 51 ; commits hostilities against Florida, 92-93. Bowyer, Fort, 202, 207. Brazil, 273, 274. Breckinridge, General James, 151. Brent, Thomas L., 214, 215. Breton, Cape, 143. Brissot de Warville, Jean Pierre, 74. Brown, James, a United States senator, 321. Buenos Ayres, 182, 190, 199, 212, 218, 280, 282, 302, 303, 316. Bulgary, Count, 312. Bunker Hill, 17. Burr, Aaron, 175, 214, 263; con- spiracy of, 170-171 ; connec- tion with Wilkinson, 171 ; trial and acquittal of, 173-174. Butler, Percival, a Western lead- er, 74. Butler, Captain, a privateer, 210. Butler, Lieutenant Robert, 323. Cadiz, 212, 275, ,310. Calcasieu River, 158, 299. "Caledonia." the, 22'5. Calhoun, John C, 238, 240, 241, 242, 243, 244, 303 ; takes part in cabinet debate concerning Jackson, 267-270 ; writes to Jackson, 294. Callava, Don Jose, a Spanish commissioner, 324. Campbell, Hugh 193. 194. Canada, 21, 27, 62, 78, 120, 143, 201, 212. Caraccas, 182, 190. Clarmagnole. term applied to D'Yrujo, 87. Carmichael, William, 66, 67 ; re- ceives instructions from Jef- Index 38s ferson, '53-54, 55-56 ; appoint- ed commissioner plenipoten- tiary in Spain, 57 ; instructions from Jefferson to, 58 ; leaves Spain, '59. Carolina, 34. Carolinas, the, 40. Carondolet, Marquis of, 174 ; writes of Western settlements, 54-55 ; asks aid against Genet, 62 ; excuses delay in transfer- ring posts, 77-78. "Carron," the, 206, 208. Cartagena, 207, 218, 231, 234. Castlereagh, Lord, 202, 253, 278, 279. Cedar Keys 'Bay, 247. Cevallos, Don Pedro, 100, 105, 109, 112, 116, 149, 168, 215, 218, 277 ; statement to Pinck- ney not justifying iLouisiana purchase, 115 ; refuses to ap- prove treaty submitted by fPinckney, and transfers nego- tiations to Washington, 156- 157 ; discusses terms with Monroe, 158-159 ; grants full power to De Onis to treat, 271-272. Charles I, 34. Charles V, 7,5, 120, 179, 276. Charleston, 18, 60. Charlotte, 'Fort, 202. Chase, Samuel, 263. "iChasseur," the, 225. Chattahoochee River, 33, 96, 229. Cherokees, the, 41. Chickasaw 'Bluff (Memphis), 3 5, Chickasaws, the, 41, 203. "Childers," the, 208. Chili, 302. Choctaws, the, 41, 203, 230. Christian, Pass, 202, 230. Cincinnati, 34. Claiborne, William Charles Cole, 119, 120, 137, 160, 174, 186, 187 ; named governor of Lou- isiana, lis ; receives orders to dismiss Spanish officials, 161- 162 ; warned fey Jackson against Wilkinson, 172-173; organizes government of West Florida for United States, 184-1'85. Clark, George Rogers, 48, 61, 62, 63, 64, 74, 171. Clarke, General Elijah, 51, 61, 79 ; disturber on Florida bor- der, 63-64. Clay, Henry, 262, 265, 305, 309, 321 ; denounces course of Jackson in debate, 259-261 ; attacks administration for failure to recognize South American colonies, 281 ; at- tacks treaty of 1819, 319-320. Clinch, Colonel Duncan L., 229, 230. Cobb, William C, 265 ; opens 25 discussion concerning execu- tion of Arbuthnot and Am- brister, 256-259 ; introduces three amendments, 259. Cobbett, William, sketch of, 85- 8:6; reviles D'Yrujo, 85-87; charged with libel, 87. Coffee, General William, 210. Colorado River, 147, 148, 149, 158, 159, 162, 168, 272, 276. Columbia River, 305. "Comet," the, 22 5. Cook, white man captured by Jackson, 249. Copenhagen, 260. Ooppinger, Don Jose, governor of Florida, 323, 324. Cow F-ord, 192. Crawford, William H., 192, 240, 241, 265, 267, 270, 303, 330; opposes Adams in cabinet, 304-305. Creeks, the, 223, 228, 251, 254, 261, 286 ; treaty with Georgia, 38-39 ; treatment of, by pion- eers, 40-41 ; treaty with Unit- ed States, 49-50 ; futile, 51-52 ; war upon Unit- ed States, 203 ; destroy Fort Mimms, 203 ; routing of, by Jackson, 203-204; join the Seminoles, 227. Crozat, Antoine, 120. Cuba, 16, 100, 133, 141, 142, 182, 189, 205, 221. Culvo, 'Marquis de Casa, 161. Cumberland River, 201. Cumberland settlements, 47. Daniels, a sailor, 289. Decatur, Commodore Stephen, 265. Delassus, Don Carlos Debault, 183. Delaware River, term applied to the Mississippi, 94. Del Norte River. See Rio del Norte. De Onis. See 'Onis, de. Dickinson, John, a member of continental congress, 21. Dover cutter, seized by Spanish, 6«. Doyle, Edmund, 251. Drake, Sir Francis, 36. D'Yrujo. See Trujo, Marquis Casa d'. Bast Florida. See Florida, East Indies, 207. Eaton, John H., senator from Tennessee, 313. Ellicott, Andrew, 78, 84; com- missioned to run Florida boundary line, 76 ; stirs trou- ble, 76; D'Yrujo complains of, 77 ; statement of, regarding extent of Louisiana, 137-138. Elliott, a colonial governor, 34. 386 The Purchase of Florida Enghien, Due d', 260. England, 18, 19, 20, 25, 26, 27, 28, 29, 30, 31, 33, 34, 48, 49, 53, 56, 58, 59, 62, 65, 66, 72, 74, 80, S3, 86, 106, 107, 108, 112, 115, 138, 141, 142, 150, 151, 170, 175, 183, 187, 211, 214, 219, 221, 224, 227, 228, 248, 252, 260, 268, 271, 281, 296, 297, 304, 312, 313, 326, 328, 330; warned against ac- quisition of Louisiana and Florida, 54 ; Spain tires of al- liance with, 69-70 ; declares war against Spain, 71 ; at wai with Spain, 79; proposed alli- ance of, with United States against France and Spain, 87- 89 ; failure of scheme, 90-91 ; determines boundaries of East and West Florida, 143-144; plan of alliance of Unit- ed States with, frustrated, 161 ; prospect of war with, 177 ; possibility of occupation of Florida by, 178 ; declaration of war against, 197 ; probabil- ity of occupation of Florida by, 200 ; mastery of, over Spain, 204-205 ; assisted by authorities in East Florida against United States, 205 ; seizure of Pensacola by, un- der Nicholls, 205-206; rumor of cession of Florida to, 218 ; assumption of Jackson regard- ing, 246 ; indignation in, over course of Jackson, 253-254; Russia withdraws Spain from, 273 ; relations of Spain with, 274-275 ; offers to mediate be- tween Spain and United 'States, 278-279 ; policy of, as to South American colonies, 280 ; opinion in, regarding Jackson campaign, 295 ; re- quested to join United States in recognizing South Ameri- can colonies, 301-303. See also Great fBritain. Epoes, John W., senator from Virginia, 265. Erie, Lake, 29. Brving, George W., 176, 180, 271, 285, 286, 307; quits Ma- drid, 214-215; named minister to Spain, 215; writes concern- ing attitude of Spain toward United States, 272-273; con- ■ cerning Russian-Spanish un- derstanding, 273-274 ; concern- ing relations of Spain with other European powers, 274- 275 ; negotiates with Pizarro, 275 ; describes Spanish council of state, 276 ; writes concern- ing favorable attitude of Spain, 278 ; out of patience with De Onis, 278 ; Adams writes to, concerning Eng- land's offer to mediate, 279 ; describes character of Pizar- ro and D'Yrujo, 2 96 ; an- nounces propitious time for making treaty, 2 96-297; ad- vises seizure of Florida, pend- ing negotiations, 305 ; sends information concerning land grants in Florida, 309 ; suc- ceeded by Forsyth, 310. Escambia River, 210, 244. Estafanos, Jose, 226. Estrada, governor of Florida, 197. Europe, 19, 54, 56, 57, 58, 68, 96, 107, 140, 148, 150, 176, 181, 189, 199, 202, 205, 206, 211, 218, 220, 221, 227, 293, 294, 295, 303, 315, 316, 326, 32 8; excitement in, over course of Jackson, 252-2ai ; favors Spain against colonies, 281. Eustis, General William, 192. "Fairt," the, 225. Fatio, Philip, S6. Fauchet, Jean Antoine Joseph, 62, 70. Fayetteville, 244. Ferdinand VII, 179, 180, 181, 183, 199, 202, 213, 215, 216, 217. Fernandina, 191, 195, 234, 235;, surrender of, demanded oy Ashley, 193 ; surrendered lo patriots, 194 ; delivered to Am- ericans, 194 ; captured by MacGregor, 232 ; surrendered to u-Vmericans by Aury, 236. Flint River, 29, 33, 229, 237. Florida (Floridas, the), 21, 22, 23, 24, 34, 35, 39, 40, 45, 51, 52, 53, 54, 56, 57, 58, 60, 61, 63, 78, 79, 83, 88, 89, 90, 91, 92, 96, 97, 124, 125, 136, 137, 142, 143, 144, 146, 147, 150, 151, 152, 153, 155, 159, 1;60, 161, 162, 163, 164, 175, 186, 187, 190, 191, 192, 193, 194, 205, 207, 210, 212, 216, 2,23, 227, 228, 231, 232, 233, 236, 239, 240, 243, 246, 247, 251, 252, 255, 258, 265, 266, 267, 268, 279, 281, 282, 283, 284, 285, 289, 291, 294, 301, 308, 310, 313, 314, 318, 319, (329, 330 ; importance of, 9 ; diplo- matic history of, neglected, 9 ; sources, 9-10. General char- acter of early history of, 15- 16 ; attacked by southern colo- nists, 16 ; ceded to Great Brit- ain, 16 ; loyal to England dur- ing Revolution, 17 ; traded for Jamaica to Spain, 18-19 ; al- lotted to Spain in peace nego- tiations, 30 ; northern boun- dary of, 31-32 ; complaints against American settlers, 37- Index 387 38 ; continuous border dis- turbances, 41 ; rumors of pro- posed conquest of, 42 ; com- missioner to run boundary line, 76 ; violations of Spanish territory in, S4-S5 ; United States fears cession of, to France, 98-99; United States decides to purchase, 100 ; letter of Pinckney, pro- posing to purcliase, 100- 104 ; not ceded to France, 105-106 ; Jefferson sends spec- ial mission to negotiate pur- chase of, 106-107 ; Pinckney renews offer to purchase, 107- 108 ; refusal of Spain, lOS- 109 ; Napoleon in relation to, 109-110 ; plan of United States to purcliase from France, 111- 112 ; circumstances favorable, and overtures continued, 115- 117 : Talleyrand on extent of, 138-140; extent of, under Spain, 141 ; Jefferson secures appropriation for purchase of, 165 ; move tm popular, 165-166 ; Napoleon desires Spain to sell, 176 ; Bowdoin advises seizure of, 176-177 ; terms of- fered to Spain under prospect of war with England, 177 ; possibility of occupation of, by England, 178 ; Foronda com- plains of violation of Spanish sovereignty in, 1 7 9-1 SO ; ex- tent of authority of United States in, ISS ; Barnabue pro- tests against occupation of, 189 ; Spain una'ble to maintain order in, 199 ; probability of occupation of, by England, 200 ; Westerners rejoice at projected seizure of, 200-201 ; Jackson sets out for, with Tennessee volunteers, 201 ; Jackson ordered to return, 201-202 ; joint commission to St. Petersburg to discuss question of, 2 02; Jackson pre- pares to invade, 204 ; incur- sions into, from Georgia, 211; Morris suggests possibility of purchase of, 217-218; rumor of cession of, to England, 218 ; De Onis discusses boundaries of, 221-222 ; negotiation be- tween Monroe and De Onis concerning, 272 ; negotiations between Pizarro and Erving concerning, 275 ; demand of Adams that Spain maintain sufficient force in, 287-288; invasion of, justified by Adams, 28 8 ; Pizarro com- ments upon Jackson's inva- sion of, 295 ; reoccupied by Spain, 298 ; United- States de- mands cancellation of land- grants in, 300 ; cession of, de- manded by United States as satisfaction for claims, 300 ; Adams recommends provision- al seizure of, 303-304 ; Erving advises seizure of, pending ne- gotiations, 305 ; ceded to Uni- ted States in treaty of 1819, 307 ; DeOnis and Adams dis- cuss question of land-grants in, 309 ; statement of Jack- son regarding, 320-321 ; Jack- son appointed governor of, 3 J3 ; Jackson's conduct in, 324-325; justice of acquisi- tion of, by United States con- sidered, 326-328. See ■ also Florida, East, and Florida, West. Florida, East, 73, 101, 110, 111, 141, 145, 146, 147, 148, 168, 179, 190, 196, 217, 221, 222, 224, 231, 240, 242, 244, 271, 276, 284, 319, 324; D'Yrujo protests against United States legislating in, 124 ; boundary of, as determined by England, 143-144 ; conditions in, as found by Matthews, 191; plan of Matthews to annex to Uni- ted States, 191-192 ; insurrec- tion in, against Spain, 192 ; establishment of republic in, by revolutionists, 193 ; patri- ots of, refuse to retire at American demand, 197 ; seiz- ure of British ships in, 197 ; right of United States to oc- cupy, 198 ; senate declines to countenance seizure of, 201 ; orders issued for evacuation of, 202-203; authorities of, as- sist English against United States, 205 ; delivery of, to United States, 323. See also Florida. Florida, West, 27, 29, 31, 32, 34, go, 38, 73, 101, 103, 110, 111, 147, 148, 150, 156, 168, 174, 176, 190, 191, 198, 200, 203, 217, 218, 255, 271, 282, 319, 326 ; D'Yrujo protests against United States assum- ing authority over, 124; right of United States to, 124-126 ; right of Spain to, 136-138 ; question considered, 141-145; boundary of, as determined by (England, 143-144; Jefferson and Madison, on ownership of, 144 ; Livingston advises Madison to seize, 146; news from, reaches Jefferson, 160- 161 ; people of, seek liberation from Spanish government, 177-178 ; revolt against Spain in, 182-184 ; insurgents ask for annexation to United States, 184 ; United States takes pos- session of, 184 ; insurgents of, overcome, 185-186 ; debate in 388 The Purchase of Florida Florida, West, continued — senate concerning, 187 ; right of United States to, 188-189; disposition of, by Congress, 199; invasion of, by United States, 202 ; DeOnis discusses right of Spain to, 221-222; further arguments concerning ownership of, 224-225; Jacli- son provides government for, 2 50. See also Florida. Florida Blanca, Count de, 26, 28. Folch, governor of Florida, 186, 187, 188, 190. Foronda, Valentine de, succeeds D'Yrujo, 168; complains of ir- regularities in south and southwest, 179-180. Forsyth, John, 314, 318, 321; succeeds 'Erving, 310 ; de- mands ratification of treaty, ■310; Adams sends instructions to, 311-312. Foster and Blam vs. United ■States, 189. Fowltown, 237, 238, 247, 252, 290, 292. Fox River, 184. France, 21, 25, 33, 43, 44, 45, 52, 59, 61, 62, 6(3, 64, 65, 66, 68, 69, 70, 71, 72, 73, 78, 86, 98, 100, 103, 104, 105, 106, 109, 111, 116, 118, 119, 120, 125, 126, 128, 129, 130, 131, 132, 137, 13'8, 139, 140, 143, 144, 146, 152, 153, 155, 159, 160, 166, 171, 175, 187, 221, 224, 225, 271, 275, 313, 326, 327, 328, 330; unfavorable clesigns respecting America, 28-29 ; position of, in boun- dary disputes between United States and Spain, 29-30; pro- poses to assist Spanish-Amer- ican colonies, 57-58 ; proposed alliance of United 'States with (England against Spain and, 87-89; failure of scheme, 90- 91 ; takes advantage of Spain, 95-96; secures Louisiana, 108; motives therefor, 110 ; trans- fers Louisiana to United States, and protest of Spain, 112-113 ; statement of case, 113-115 ; gives construction of Louisiana purcliase treaty, unfavorable to United States, 133-136; in Family Compact of the iBourbons, 141-142 ; sides with Spain in Louisiana "boundary dispute, 148 ; Span- ish rejection of treaty propo- sitions owing to French coun- sels, 150 ; policy thereof, 151 ; hostile to United States in Spanish negotiations, 158 ; opinion in, regarding Jack- son's campaign, 294-295 ; anx- ious to secure settlement be- tween Spain and United States, 296-297. Francis, or Hillis Hago, an In- dian prophet, 228, 245, 248, 260. Francisville, 185. Franklin, Benjamin, 2 3, 26. Fromentin, Judge Elgin, quar- rel of Jackson with, 324. Gadsden, Fort, 244. Gadsden, Lieutenant James, 249, (Captain) 250, 262, 266. Gaines, General Edmund, 229, 230, 237, 238, 240, 244, 251, 277, 290. Gallatin, Albert, 160; member of joint commission to go to St. Petersburg, 202 ; writes of opinion in France regarding Jackson's campaign, 294-295. Galpington, treaty of (1785), 38. Galveston, 234, 278, 313. Garcon, a Choctaw chief, 231. Gardoqui, Diego, Spanish min- ister, 36, 37, 40, 42, 44; re- ports to Spanish court con- cerning Mississippi, 56 ; treats with United States commis- sioners, 59 ; conduct of, in United States, 213-214. Garret, Mrs., killed by Indians, 289. Gayoso, governor of Louisiana, 68, 76, 78. Genet, Edmond Charles, 171 ; arrival of, in America, 60 ; designs of, 60-62; failure of, 62; results of work of, 63-64. George II, 31. Georgia, 17, 29, 31, 34, 41, 51, 60, 61, 63, 79, 85, 92, 123, 152, 192, 197, 209, 211, 220, 222, 227, 228, 236, 241, 244, 250, 255, 310, 821, 327; position of, during Revolution, 18 ; makes, treaty with Creeks, 38-39 ; in- cursions into Florida, 39 ; or- ganizes government in Span- ish territory, 39-40 ; resolves to occupy East Florida, 198. Gerry, Elbridge, 89. Ghent, treaty of, 247, 251, 286, 319 Gibraltar, 21, 24, 26, 96, 153, 259. Godoy, Don Manuel de, 58, 59, 66, 73, 75, 179. Gough, Reverend Thomas, 215. Grand Pr6, 19. Grandpre, Louis, 184. Great Britain, 16, 19, 20, 21, 2l3 24, 27, 31, 32, 54, 58, 65, 68 72, 73, 89, 90, 106, 110, 111 112, 113, 114, 116, 117, 128 129, 130, 132, 133, 141, 144 170, 177, 178, 184, 212, 221 227, 240, 245, 253, 254, 258 273, 279, 280, 281, 286, 288 Index 389 290, 297, 301, 303, 308. See also England- Green, Thomas, 40. Guadeloupe River, 161. Guillemard, , a Spanish engineer, 77. Guioso. See Gayoso. Gunn, James, 90. Gutierres de Lara, Bernardo, 211, 219. Hamblt, -William, 2 51. Hamilton, Alexander, 64, 88, 173, 174, 325; seeks to become leader in liberation of South America, 89-90 ; failure of scheme, 90-91. Hammond, Samuel, 61. Hancock, John, 17. Harmar, General Josiah, 43. Harper, Robert G., 89. Harris, General, of Georgia militia, 211. Hartford, 241. Havana (the Havanna), 38, 1)36, 141, 142, 169, 186. Havre de Grace, 68. Hawkins, Colonel Benjamin, 227, 236. Henderson, General Pleasant, 39. "Hermes," the, 206, '207, 208. Herrera, Joseph Manuel de, 218, 234. Hillis Hago. See Francis. Himollemico, 248, 260. Holland, 70. Holmes, John, representative from Massachusetts, 2 59. "Hornet," the, sloop of war, 310. Horseshoe, battle of, ■ 204. Houston, Sam, 170. Howard, Benjamin, 196. Howe, General Robert, 17. Hubbard, , sheriff of New York, 234. Hudson River, term applied to Mississippi, 94. Humbert, Jean Joseph Amable, 211, 219. llumphreys, GDavid, 91, 95. Huron, Lake, 29. Iberian Peninsula, 204. Iberville River, 53, 127, 129, 130, 131, 138, 140, 143, 188. Illinois River, 29, 84, 139. Indiana Territory, 137, 183. Indians, treatment of, by pio- neers, 39-41 ; drilling of, into British soldiers, 207. Ingersoll, Jared, 154. Jackson, -, newspaper ed- itor, accuses D'Yrujo of at- tempted bribery, 166-167. Jackson, Andrew, 62, 228, 281, 284, 292, 295, 298, 303, 304, 310 ; relations with Aaron iBurr, 170 ; warns Claiborne against Wilkinson, 172-173; sets out for Florida with vol- unteers, 201 ; ordered to re- turn, 201-202 ; annihilates Creek nation, 203-204; pre- pares to invade Florida, 204 ; provokes quarrel with govern- or of Pensacola, 204 ; unsuc- cessful attack of Nicholls upon, 207-208 ; issues procla- mation, 208-209 ; storms Pen- sacola, 209 ; at New Orleans, 210; permits Gaines to over- awe occupants of Negro Fort, 22 9; assumes command against Seminoles, 238-239 ; real object of, 239 ; famous letter of, to Monroe, 240 ; his- tory of letter according to, 241-242 ;. responsibility of ad- ministration for acts of, 242- 243 ; assembles army in Ten- nessee, 244 ; disregard of in- ternational law by, 244-245 ; characteristic order of, to Mc- Keever, 245-246 ; pursues In- dians to St. Marks, 246 ; inac- curate assumptions of, 246 ; seizure of iSt. Marks by, 247- 248 ; captures Arbuthnot, 248 ; hangs Francis and HimoUeini- co, 248-249; is baffled in at- tack upon headquarters of Bo- leck, and places blame upon Arbuthnot, 2 49; captures Am- brister, 2 49; provides govern- ment for West Florida, 250 ; trial and execution of Arbuth- not and Ambrister under, 250- 252 ; responsibility of, for their death, 2 52 ; excitement in Europe over course of, 252- 2 53 ; indignation in England over, 253-254; enters Pensa- cola, 254-255; correspondence of, with Rabun, 2 55 ; debate in congress respecting course of, 256-264; false prin- ciple of, 2 57; summary of arguments against, 261-262; letter of, to secretary of war, 262 ; defenders of, 262-263 ; popular feeling with, 263-264; sustained in house, 264 ; re- port in senate unfavoralDle to, 264 ; threats of, against his opponents, 264-265 ; flatterers of, 2 6 5-266; sample of letters to, 266 ; statement of Parton concerning debate, 267 ; dis- cussion of course of, in cab- inet, 267-270; DeOnis protests to Adams against course of, 282-283; Spain demands rep- aration for injuries inflicted by, 285-286; Adams justifies invasion of Florida by, 287- 288, and execution of Arbuth- not and Ambrister by, 291 ; Monroe and Calhoun write to. 390 The Purchase of Florida Jackson, Andrew, continued — 293-294 ; Bagot's opinion of, 296 ; writes concerning Span- ish breach of faith, 313-314; statement of, regarding Tex- as and Florida, '320-321; ap- pointed governor of Florida, 323 ; quarrel of, with Fro- mentin, 324 ; conduct of, as governor, 324-325; justice of course of, in Florida consid- ered, 32 8. Jackson, Fort, 204, 229; treaty of, 204, 227, 236, 247, 260, 261, 286. Jacksonville, 38, 192. Jamaica, traded to England for Florida, 19. Jaudenes, M. de, a Spanish rep- resentative, 64, 66. Jay, John, 22, 23, 24, 25, 29, 30, 36, 68; ambassador to Madrid, 19 ; sees advantages of treaty with Spain, 43-44; argues with Gardoqui, 44 ; recommends treaty for term of years, 44-46 ; asserts right to Mississippi, 46-47 ; Spain declines treaty, 47. Jay treaty, 70, 71, 73, 79, 86, 89. Jefferson, Thomas, 49, 57, 59, 60, 63, 64, 67, 74, 93, 109, 119, 121, 124, 125, 168, 178. 185, 188, 293, 322, '325; argues right to navigate Mississippi, 52-53 ; instruction to Carmi- chael, 53-54, 55-56 ; curious argument of, 56 ; instructs Carmichael and Short, 58 ; sends special mission to ne- gotiate purchase of Florida and Louisiana, 106-107; opin- ion of, in West Florida con- troversy, 144 ; writes on Mis- sissippi and the Floridas, 151- 152 ; consults with cabinet and others respecting treaty with Spain, 159-160 ; receives news from disputed territory, 160- 161 ; his plan of alliance with England frustrated, 161 ; de- cides to appeal to France for help, 161 ; orders Governor ■Claiborne to dismiss Spanish officials, 161-162; submits propositions of France to Con- gress, 163 ; breaks with Ran- dolph, 164 ; secures appropria- tion for purchase of Florida, 165 ; move unpopular, 165- 166 ; relation of, to conspir- acy of Aaron Burr, 173-174 ; advocates war with Spain, 175. Jena, battle of, 176, 181. Johnson, Richard M., 262, 321. Jones, William, 85. Kalb, Johann de, 257. Kanawha River, 29. Kemper, Nathaniel, 174. Kemper, Reuben, 186. Kentuckv, 47, 60, 61, 62, 64, 94, 95, 119, 137, 172, 174, 219, 220, 244, 321; proposes to de- clare her independence, 42 ; press of, supports West Flori- da revolutionists, 183 ; pro- clamation of Nicholls to peo- ple of, 206. King. Rufus, 88, 89, 157. King, Colonel William, in Jack- son's army, 250. Knoll, John, 85. Knox, Henry, 40, 41, 51. Lacock, Abner, 241, 264, 265. La Fayette, Marquis de, 30, 52, 259. Lafitte, Jean, 2 07. Lanans, post, 169. Laussat, Peter Clement, a French envoy, 119, 13 7. Laval, Major Jacint, 194. Law, John, 120. Lawrence, Major William, 207. Lexington, 17. Lincoln, Levi, 92. Liston, Robert, S3, 84, 89. Livingston, Edward, 154. Livingston, Robert R., 2 6, 105, 106, 134, 138, 151. 160, 176, 325; receives instructions re- specting Louisiana, 104 ; re- specting purchase of Florida and New Orleans, 109-112 ; re- ceives from Madison Ameri- can construction of Louisiana purchase treaty, 126-133 ; ad- vises Madison to seize West Florida, 146. London. 69, 86, 88, 89, 117, 157, 159, 161, 205, 228, 246, 247, 253. 288, 295, 299. Loomis, Jainis, 230. Lopez, Don Jose, 193, 194. Louis XIV, 120. Louis XV, 120. Louis XVI, 5 8. Louisiana, 21, 35, 37, 52, 53, 54, 58, 60. 61, 62, 63, 64, 70, 78, 79. 84, 89, 90, 91, 117, 124, 125, 149, 150, 151, 152, 157, 162, 163, 165, 169, 174, 175, 182, 183, 199, 205, 209, 211, 218, 220, 224, 225, 273, 276, 308, 321, 325; United States fears cession of, to France, 98- 99 ; letter of Pinckney, pro- posing to purchase part of, 100-104 ; Jefferson sends spe- cial mission to negotiate pur- chase of, 106-107 : ceded to France, lOS ; Napoleon in re- lation to, 109-110 ; motives of France in securing, 110; iSpain protests against trans- fer of, to United States, 112- 113 ; statement of case, 113- 115 ; formal transfer of pos- session to United States, 118- Index 391 120 ; previous owners, 120 ; ■belief that it would revert to Spain, 121 ; Madison on Amer- ican construction of treaty of purchase, 126-133 ; Madison on French construction of same, 134-136 ; arguments of Spain respecting same, 136- 138 ; Talleyrand on ex- tent of, 138-140; question considered, 141-145 ; all boun- daries uncertain, 146 ; Monroe advises bold course in negoti- ations respecting boundaries of, 146-147 ; western boundary of, discussed by Monroe and Cevallos, 158-159 ; news from, reaches Jefferson, 160-161 ; eastern boundary of state of, 188 ; proclamation of Nicholls to people of, 20 6; DeOnis dis- cusses boundaries of, 221-222 ; justice of acquisition of, from France considered, 326. Louisiana, West, 128, 129. Luengo, Don Francisco Casa y, 240,'287. Luzerne, Chevalier de la, 30. MacDonald, Colonel James, 211. MacGregor, Gregor, '2 88; cap- tures Fernandina, 232 ; char- acterization of, 2 32-233 ; sails for New iProvidence, 234. McGillivray (half-breed), 39; makes treaty with United States, 49-50 ; has secret un- d<^rstanding with United • States, 50 ; stipulations of treaty of, never carried out, 51-52. Mcintosh, General John H., 38, 192, 193, 194, 222, 250. McKean, Joseph B., 87, 154. McKee, Colonel John, appointed commissioner for the Flori- das, 188 ; instructions to, 190- 191. McKeever, 'Captain Isaac, 245, 247, 248. MoMinns, Joseph, governor of Tennessee, 266. McQueen, Peter, 245. Macomb, General Alexander, 261. Madison, James, 66, 93, 98, 105, 106, 122, 137, 146, 148, 151, 152, 158, 159, 160. 166, 184, 185, 192, 198, 199, 202. 309, 325 ; writes on importance of Mississippi. 9 4-95 ; instruc- tions to Pinekney, respecting Florida, 116 ; respecting Lou- isiana purchase, 117-118 ; gives American construction of treaty, 126-133 ; writes to Armstrong respecting French construction of treaty, 13 4- 136 ; opinion of, in TVest Flor- ida controversy, 144 ; instruc- tions about resorting to force, 149 ; sends instructions to Armstrong and Bowdoin, for negotiating treaty with Spain, 168; sends new instructions, 169 ; protests against Span- ish hostilities in southwest, 170 ; refuses invitation of Na- poleon for United States to participate in war against England, 179 ; asks congress for authority to occupy the Floridas, 186 ; congress grants authority to, and he appoints commissioners to carry out the law, 187-188 ; disavows acts of 'Matthews, 196 ; pre- pares to forestall England in occupation of Florida, 200. Madrid, 19, 20, 22, 56, 57, 58, 59, 67, 68, 69, 70, 71, 93, 94, 95, 105, 106. 116, 117, 125, 135, 139, li47, 148, 149, 150, 154, 156, 157, 158, 159, 160, 166, 176, 179, 180, 182, 215, 217, 271, 272, 273, 275, 277, 288, 310, 312, 314. Maine, 319. Majorca, 273. Marmenton River, 158. Marshall, John, 89, 95, 173. Martens, Georg Friedrich von, 263. Massachusetts, 159. Matagorda, 161, 2 11-? Matthews, General George, 195, 197 ; appointed commissioner for the Floridas. 188 ; instruc- tions to, 190-191 ; plans to an- nex East Florida to United (States, 191-192; activity of, in stirring up revolution, 192- 193 ; accused by Spanish of invading their territory, 194 ; acts of, disavowed by Madi- son, 196. Maurepas, Lake, 138, 143, 144. Mazot, Don Jose, 287. Mediterranean, the, 153, 156, 165, 273. Mermen teau River, 299. Merry, Anthony, English min- ister, plotting witli Burr, 170. Mexico (New Spain), 21, 55, 89, 170, 171, 173, 180, 182, 201, 205, 210, 212, 218. 219, 220, 221, 227, 232, 233, 234. 235, 236, 267, 301. 313, 325, 330. Mexico. Gulf of, 23, 24. 35, 42. 55, 62, 74, 100, 106, 122, 138, 144, 149, 158, 183, 188, 224, 262, 275, 299. Michigan, Lake, 29. Mimms, Fort, destruction of, by the Creeks, 203. Mina, Xavier, 225. Minorca, 18, 273. Mil-ales, Don Juan, a Spanish 392 The Purchase of Florida oommissioner, account of American affairs, 2 0. Miranda, General Francisco, 150, 173, 231 ; in plot to free Spanish - American colonies, 88-90 ; organizes expedition against Spanish possessions, 174-175. Mississippi district, 94, 160, 163. Mississippi River, 32, 33, 34, 35, 36, 38, 39, 42, 43, 44, 45, 48, 55, 56, 57, 59, 61, 62, 65, 67, 68, 70, 76, 81, 84, 88, 93, 94, 97, 98, 101, 103, 104, 106, 107, 109, 110, 111, 112, 120, 124, 125, 126, 127, 129, 130, 131, 137, 138, 139, 140, 141, 142, 143, 144, 146, 147, 149, 152, 157, 158, 159, 161, 162, 165, 169, 171, 180, 182, 187, 188, 199, 201, 207, 224, 272, 275, 276, 304, 308, 321, 325; im- portance of, 9 ; free navigation always demanded by United States, 22; reasons, 23-25; Spain takes forcible posses- sion, 25-26 ; in peace negotia- tions between United States and Great Britain, 27-2 8 ; rea- sons for Spain's pretensions, 29 ; free navigation given to United States in treaty of 1783, 30; disputed by Spain, 37; right to, asserted by Jay, 46-47 ; claim to, upheld by Spain, 47 ; Jefferson's argu- ments, 52-53 ; Pinckney nego- tiates with Spain about navi- gation of, 72 ; right at last recognized in treaty of 1795, 73 ; right necessary to reten- tion of "West in Union, 74. Mississippi Territory, 118, 119, 121, 160, 161, 163, 183, 184, 187, 199. Mississippi Valley, 20, 30, 63, 70, 200. Missouri River, 55, 79, 147, 157, 158, 159, 299, 305. Mitchell, David Bradie, 200, 289 ; appointed in place of Matthews. 196 ; instructions to, 197 ; sends to Savannah for aid, 197 ; succeeded by Pinck- ney, 198 ; statement of, re- garding Seminole disturbanc- es 236 237. Mobile, 144"', 169, 180, 185, 186, 199, 201. 202, 203, 204, 205, 207, 209, 210, a38. Mobile Bay, 207. Mobile River, 96, 103, 107, 124, 137, 139, 146, 149, 161, 169, 170, 203 ; United States leg- islation for territory east and west of. 122. Monroe, James, 106, 117, 160, '161, 168, 176, 209, 213, 214, 219, 239, 271, 303, 304, 309, 313, 320, 325, 328; receives in- structions respecting purchase of Florida and New Orleans, 109-112 ; writes to Bournon- ville respecting Louisiana purchase treaty, 140 ; advises bold course in Louisiana ne- gotiations, 146-147 ; sent to Madrid to negotiate questions at issue, 147 ; instructions to, 147-148 ; final propositions to Spain for treaty, 149 ; propo- sitions of, rejected, 150 ; with > Armstrong, advises decisive measures, 152-153 ; ordered to Madrid, 157 ; instructions of, 157-158 ; makes offer of treaty, 158-159 ; recalled, 159 ; writes to Howard respecting American neutrality, 196 ; in- dignant at requests to receive De Onis, 216-217; answer of, to Be Onis, 222-223; respect- ing revolted provinces, 223- 22 4; further arguments by, 224-225; famous letter of Jackson to, 240 ; history of letter according to, 240-241 ; responsibility of administra- Ition of, for Jackson's acts, 242-243; opposes Jackson in cabinet, 267-270; negotiations of, with De Onis, 2 72; letter of, to appease Jackson, 2 9'3- 294 ; desires recognition of South American colonies, 301 ; willing to make concessions to Spain, 306. Montmorin, Count de, 20, 26, 52, 53. Moosa, Fort, 195. Morales, Don Francisco de, a iSpanish officer, 232. Morris, Anthony, 214, 215, 217, 218. Moultrie, "William, 61. Muhlenburg, Major Peter, 238. Multnomah, River, 306. Muskogee Indians, 34. Nacogdoches, 161, 169. Napoleon Bonaparte, 63, 106, 107, 115, 119, 120, 124, 125, 139, 143, 161, 168, 180, 182, 187, 199, 200, 211, 260, 281; relation of, to Louisiana and Florida, 109-110; policy of, in backing Spain's rejection of treaty propositions, 151; offer of, to Armstrong regarding Florida, 162 ; desires settle- ment of Spanish - American difficulties, 175-176 ; loses in- terest therein, 176 ; United States refuses invitation of, to take part in war against Eng- land, 178-179; struggle of Spain against, 181 ; "Napoleon Propaganda," 226-227. Nashville, 201, 239, 242, 244. Index 393 Natchez, 34, 40, 61, 76, 77, 79, 80, 84, 92. Natchitoches River, 150, 159, 169, 299. Negro Port, 244, 286, 288, 289, 292 ; occupation of, by fugitive negroes, 228 ; destruction of, by Gaines, 229-231. Neuville, Hyde de, 306, 308; in- termediary between Adams and Oe Onis, 304. New Feliciana, 182, 183, 186. Newfoundland, 21. Newgate, 86. New Granada, 182, 2133. New Madrid, 35, 48, 84. New Mexico, 62, 63. New Orleans, 38, 42, 43, 48, 52, 54, 56, 57, 60, 62, 63, 72, 76, .> 78, 80, 95, 96, 104, 105, 106, 107, 108, 109, 110, 118, 119, 124, 125, 126, 137, 140, 150, 158, 162, 185, 186, 198, 201, '202, 209, 211, 218, 222, 226, 229, 235, 246, 263, 272, 276, 321, 32 2; importance of, 9; privilege of deposit in, grant- ed to United States, 73 ; clos- ing of port of, by Spanish, 93-94 ; war imminent in con- sequence, 97-98; plan of Uni- ted States, to purchase from France, 111-112 ; opposition in, to American sovereignty, 120-121; suggestion to estab- lish Spanish paper in, 176- 177 ; headquarters of revolu- tionary plotters and filibust- ers, 180; battle of, 210. New Providence, 234, 252, 290. New York City, 49, 50, 51, 214, 231. Nicholls, Colonel Edward, 209, 246, 247, 288; seizure of Pen- sacola by English under, 205- 206 ; proclamation of, to peo- ple of Louisiana and Ken- tucky, 206 ; attack of, upon Jackson at Mobile, 207-208; course of, in Florida, 227-228 ; pretensions of, ridiculed by Adams, 286. Nicholson, Joseph H., 164. NilCs, Hezekiah, summarizes attitude of public toward Jackson, 263-264. Nogales, 84. Norfolk, 22 6. North America, 20, 21, 70, 73, 74, 315, 330. North Carolina, 41, 42. North Fort, 42. Nova Scotia, 21, 143. Nuestra Senora de los Adaes. Bee Adaes. Oconee lands, 49. Ogechee River, 17. Oglethorpe, James Edward, 34. Ohio River, 29, 30, 35, 139, 171, 201. Ohio (state), 137, 321. Onis, Chevalier Luis de, 180, 181, 215, 216, 270, 275, 279, 303, 308, 314, 319; protests against occupation of Fernandina, 195 ; against conduct of in- surgent representatives, 210- 211; United States refuses to recognize, 213 ; complaint of United States against conduct of, 21)3-214; acceptance of, as Spanish minister by United States, 217 ; enters series of protests against conduct of United States, 218-220 ; writes concerning shortsightedness of United States in aiding Mexican insurgents, 220 ; ex- plains violation of neutrality of Florida in war of 1812, 220- 221 ; discusses boundaries of Louisiana and Florida, 221- 222 ; answer of Monroe to, 222-224; further arguments by, 224 - 225 ; complaints against filibustering expedi- itions, 225-226; granted full powers to treat, by Cevallos, 271-272; negotiations of, with 'Monroe, 272 ; disputes be- tween Adams and, 277-278; Erving out of patience with, 278 ; protests to Adams against course of Jackson, 282-283; answer of Adams to, 283-284; reply of, to Adams, 284-285; Adams's opinion of, 298-299; meets with opposi- tion from king's council, 299 ; treats with Adams concern- ing boundaries, 299-300 ; re- plies to Adams's demand for cancellation of land grants, 300-301; De Neuville inter- mediary between Adams and, i30.4 ; final negotiations be- tween Adams and, 305-307; Adams and, discuss question of land grants in Florida, 309 ; succeeded by Vives, 310; statements of, regarding land grants, 311. Orleans, territory of, 184, 187, 188 Osage River, 147, 157, 299. Otis, Harrison G., 90. Ouisconsin .River, 84. Overton, John, 242. Pacific Ocean, 300. Panama, Isthmus of, 88. Panton and Company, 50, 51. Paris, 66, 68, 74, 86, 89, 104, 105, 106, 135, 142, 152, 158, 160, 161, 168, 176, 253, 294, 312; treaty of (1763), 16, 24; treaty of (1783), 31, 33; treaty of (1803), 189. 394 The Purchase of Florida Parma, duchy of, 105, 125, 273; duke of, 112. Parton, James, 267, 29*3. Pascagoula River, 122. Pass Christian. See Christian, Pass. "Patricia Mexicana," the, 226. Patterson, Daniel, 207, 229. Pearl River, 186, 188, 199. Peive, Major , Mexican revolutionist, 219. Pennsylvania, 98. Pensacola, 35, 62, 121, 124, 169, 174, 201, 203, 204, 207, 208, 210, 224, 228, 231, 243, 244, 246, 250, 253, 259, 260, 261, 267, 268, 269, 282, 283, 284, 285, 292, 294, 328; seizure of, Iby English under Nicholls, 205-206 ; stormed 'by Jackson, 209; Jackson enters, 254-255; seizure of, justified by Adams, 287. Percy, Captain William H., English officer, 206, 207. Perdido River, 125, 127, 128, 129, 131, 132, 144, 146, 148, 157, 160, 185, 187, 188, 190, 199, 233, 276. Peter Porcupine, 85 ; works of. 86. Philadelphia, 20, 59, 70, 71, 73, S'5, 86, 91, 166, 214. Pickering, Timothy, 79, 80, 85, 86, 88, 89, 92, 98; turns over Spanish protest to British minister, 83 ; quarrels Vi'ith D'Yrujo, 83-84. Pike, Zebulon M., 185. Pinckney, Charles, 89, 94, 105, 106, 109, 112, 115, 140, 148, 159, 160, 168, 176, 325; ar- ranges convention of 1802, 96- 97 ; letter of, proposing to purchase Florida, 100-104 ; of- fer renewed, 107-108 ; contin- ues overtures respecting Flor- ida, 116-117 ; receives in- structions from Madison re- specting Louisiana purchase, 117-118; final propositions of, to Spain, 149 ; propositions of, rejected, 150 ; writes concern- ing Spain's motive in holding Florida, 150-151 ; advises stir- ring up public feeling, 153 ; submits treaty to Cevallos, 156 ; breaks off negotiations 156-157 ; recalled, 157. Pinckney, General Thomas, 200 ; appointed minister plenipoten- tiary in iSpain, 6 7 ; receives in- structions from Randolph, 67- 68; treats with Spain, 71-72: rewarded for treaty of 1795, 74 ; succeeds Mitchell in East Florida, 198 ; withdraws from Ainelia Island, 202. Pitt, William, 88, 171. Pittsburg, 210. Pizarro, Don Jos6, 279 ; nego- tiates with Erving, 275 ; offers to ratify convention of 1802, 2 78 ; demands reparation for injuries inflicted by Jackson, 285-286; Adams sends full statement of American case to, 286-291 ; appreciation of document, and its success, 291-293 ; comments upon the Florida affair, 295 ; character- ization of, by Erving, 296. Poindexter, George, 262. Political Register (newspaper), 166. Ponceau, Steplien du, 154. Pontchartrain, Lake, 138, 144. Pope, Percy Smith, 84. Porcupine, Peter. See Peter Porcupine. Porcupine's Gazette, 85, 86. Portugal, 98, 27v3, 274. Potomac River, term applied to Mississippi, 94. Priere, Major, Mexican revolu- tionist, 219. Prussia, 69. Pulaski, Casimir, 257. Punon Rostro, Count de, 309. Quixote, term applied to D'Yru- jo, 86. RabuNj William, governor of Georgia, correspondence of Jackson with, 2 55. Raleigh, Sir Walter, 269. Randolph, Edmund, 64, 69, 98; instructions to Short, 65-66 ; to Pinckney, 67-68. Randolph, John, of Roanoke, 16 5; opposes purchase of Florida, 163 ; breaks with Jef- ferson, 164. Ravarra, attempts to assassinate Erving, 215. Rawle, William, 154. Rayneval, de, private secretary to Vergennes, 29. Red River, 150, 157, 159, 299, 300, 306, 322. Red Stick Indians, 204, 245, 286. "Retrocede," construction of terin in Louisiana purchase treaty, 132-133. "Revenge," the, 210. Rhea, John, elected pi'esident by West Florida insurgents, 184. Rhea, John, connection of, with famous letter of Jackson, 240-243. Richmond, 173. Rio Bravo, the, 146, 147, 148, 152, 153, 158, 159, 221. Rio Colorado. See Colorado River. Rio Del Norte, the, 221, 3 IS. Rio Grande, the, 161, 272, 300. Robertson, James, 48, 74. Robinson, Dr. John H., 219; Index 395 lorganizes assistance to Mexi- can insurgents, 210-211. ''Romp," the, 225. Rush, Dr. Benjamin, 86. Rush, Richard, 253, 280, 295. Russia. 113, 114, 116, 275, 328; proffers to mediate between Spain and United States, 202 ; understanding of, witli Spain, 273-274. Sabine River, 146, 157, 160, 201, 300, 303, 307, 311, 316, 319, 320. St. Augustine, 197, 198, 200, 201 232, 233, 234, 239, 323; during the Revolution, 17-18 ; in- vested by patriots, 195. St. Ferdinand, West Florida dis- trict, 186. St. Helena, West Florida dis- trict, 181, 186. St. John's Plains, convention of, 183. St. John's River, 34, 192, 19'3. 197, 232. St. Joseph, post, 2 6. St. 'Lawrence, river, 143 ; gulf of, 143. St. Louis, post, 26, 61, 84. St. Marks, Fort, 243, 245, )246, 250, 259, 260, 282, 284, 285, 289, 32 8; seizure of, by Jack- son, 247-248 ; justified by Adams, 287. St. Mary's (town), 191, 193, 197. St. Mary's River, 17, 33, 34, 63, 201 ; Matthews stirs up insur- rection along, 19 1-1 93. St. Michael, Fort, 205, 206. St. Petersburg, 202. San Antonio, 160. San Domingo, 71, 107, 175, 234. San Feliciana, West Florida district, 183. San Ildefonso, treaty of, (1800), 112, 115, 120, 125, 140, 144, 148, 221. 225. San Lorenzo el Real, treaty of 1795, 73. Santa Fe. 62. "Santa Maria," the, 226. Santivanes, Chevalier de, 140. "Saratoga," the, '2,10. Savannah, 197, 205. Scopholltes, 18. Scott. Lieutenant Martin, 248, 290 ; massacre of party of, by Seminoles, 237-238. Scott, Fort, 229, 2|30, 237, 238, 241, 244. Sebastian, Jiidge, 48. Seminoles, 35, 230, 231, 240, 245, 283, 286, 290, 292, 324; treaty with United 'States, 49- 50 ; futile, 51-52 ; joined by the ■Creeks, 227 ; Nicholls con- cludes alliance with, 227 ; outrages of, upon settlers, 236-237; collision at Fowl- town between Americans and, 237 ; massacre party of Lieu- tenarit Scott, 237-23 8 ; Jackson assurhes command against, 238-239; ending of war with, 249-250; war summarized, 256; war subject of congress- ional investigation, 256-267; justice of war considered, 328. Sevier, Colonel John, 40, 48, 74. Short, William, 52, 67 ; ap- pointed commissioner pleni- potentiary in Spain, 57; in- structions from Jefferson, 58 ; left as ehargg in Madrid, 59; receives instructions from Randolph, 65-66; writes to secretary of state, 70. Skipwith, Fulwar, 185. Smith, Robert, 160, 186 ; in- structions to Matthews and McKee, 191. Smyth, Alexander, 2 62. "Sophie," the, 208. South America, 65, 74, 90 91 175, 233, 279, 294; Spanish! :.0; revolts against Spain in, 182 ; United States assists revolted colonies in, 199 ; De Onis cemplains of aid fur- nished to colonies in, 218-219; justice of complaints, 226 ; ef- forts of colonies of, for recog- nition by United ^States, 280 ; Europe sides with Spain agamst colonies of, 281 ■ United States favorably in- chned toward, 281; 'England requested to recognize colonies 9f, (301-303; question of Span- ish provinces in, discussed by Vives and Adams, 314-318; United States recognize colon- ies of, 325; justice of course of United States toward, con- sidered, 328-329. South Carolina, 60, 61, 89 South Pass, 111. South Sea, 307, (308. Spain, 9, 16, 19, 23, 24, 25 26 ~27, 28, 29, 30, 31, 32, 33,' 36,' 37, 38, 43, 44, 45, 46, 49, 50 52, 53, 55, 60, 61, 63, 64, 65 72, 85, 92, 98, 100, lft3, 104 105, 106, 107, 116, 117, 118 119, 123, 124, 125, 126, 127' 128, 129, 130, 131, 132, 133' 134, 135, 138, 139, 140, 143' 144, 145, 146, 147, 148, 149 151, 152, 156, 160, 161, 162' 164, 165. 166, 168, 171, 172 184, 186, 187, 189, 194, 196 197, 198, 200, 206, 209 213 214, 219, 220, 221 22'' '''4' 225, 227, 229, 232,' 236* 24o' 253, 255, 258, 262, 268, 269' 271, 280, 282, 283, 284 294* 295, 299, 303, 304, (309,' Sll^ 323 ; policy of, with regard to American colonies, 20 ; 396 The Purchase of Florida Spain, continued — joins Prance against England, 21; claims of, after 1783, 34- 35; declines treaty with United States, 47 ; sovereignty of, accepted by American set- tlers, 48 ; defeated in West- ern intrigues, 48 ; invites fresh negotiations with United States, 56-57 ; circumstances unfavorable to United States, '58-59 ; failure of negotia- tions with, 59 ; negotiations reopened, 66-67 ; encroach- ments upon American com- merce, 6 8 ; tires of English al- liance, 69 ; desirous of treaty with United States, 69-70; England declares war against, 71 ; concludes treaty with United 'States (1795), 73; motives for treaty, 73-74 ; government of; controlled by Godoy, 75 ; attempts to defeat execution of treaty of 1795, 77-78; at war with England, 79 ; misunderstandings with, respecting treaty of 1795, 79- 80 ; refuses to vacate forts, 82 ; proposed alliance of United States with England against France and, 87-89 ; failure of scheme, 90-91; claims of United States against, 95-96 ; convention of 1812, 96-97; refuses to cede Florida to United States, 108- 109 ; protests against transfer of Louisiana to United States, 112-113 ; statement of case, 113-115 ; arguments of, re- specting Louisiana purchase treaty, 136-138 ; in Family Compact of the Bourbons, 141- 142 ; rejects propositions for treaty by United States, 150; motives therefor, 150 ; nego- tiates with United States concerning spoliation claims, 153-155 ; Monroe offers terms of treaty to, 158-159 ; aggres- sive measures of, against United States in southwest, 169-170, 174; complains of Miranda expedition, 175 ; un- willing to make treaty with United States, 176 ; terms of- fered to, by United States under prospect of war with England, 177; warned by United States of intention to prevent England from occu- pying Florida, 178; under Joseph Bonaparte, 179; re- port spreads in, that Napoleon intends to sell Florida to United States, 180 ; appoints De Onis as minister in Wash- ington, 180; struggle of, against Napoleon, 181; re- volts against, in South Ameri- can provinces, 182 ; revolt in West Florida against, 182- 183 ; insurrection against au- thority of, in East Florida, 192 ; unable to maintain order in Florida, 199 ; Russia prof- fers to mediate between Uni- ted States and, 202 ; mastery of England over, 204-205 ; vio- lates neutrality by aiding England, 205 ; complains of aid furnished to revolted colonies by United States, 210 ; prospect of war with United States, 211-212; quib- bling with United States over recognition of ministers, 215- 217; Erving writes concern- ing attitude of, toward United States, 272-273 ; concerning Russion-Spanish understand- ing, 273-274; concerning rela- tions of, with other European powers, 274-275 ; council of state of, described, 276 ; terms of adjustment between United States and, as pro- posed by Adams, 276-277; favorable attitude toward United States, 278 ; England , offers to mediate between United States and, 278-279 ; favored by Europe against colonies, 281 ; demands repar- ation for injuries inflicted by Jackson, 285-286; full state- ment of American case sent to, 286-291; appreciation of document, and its success, 291-293; France anxious to secure settlement between United States and, 2 96-297; reoccupies Florida, 298 ; ces- sion of Florida demanded from, as satisfaction for claims, 300 ; United States professes neutrality in South American rebellions against, 301-302 ; disposition in, re- garding treaty, 305 ; Monroe willing to make concessions to, 306 ; summary of treaty of 1819, 307 ; comments of Adams upon treaty, 307-308 ; post- pones ratification of treaty, 310 ; sends special minister to United States for explana- tions, 312 ; indignation in United States over course of, 313 ; reasons of, in delaying ratiflcation, 314 ; reports of hostility of United States against, unfounded, 315-316 ; motives of United States in recognizing South American colonies of, 316-317 ; treaty of 1819 before congress, 318- 320; treaty ratified by, 1321; justice of acquisitions from, Index 397 by United States considered, 325-330. Steuben, Baron von, 257. Sullivan, John, 42. Sunbury, 17, 38. Superior, Lake, 29. Suwanee River, 247, 249. TalleyeanDj Charles Maurice, Prince of, 63, 89, 105, 106, 134 ; writes to Armstrong re- specting extent of Louisiana, 138-140 ; writes to Chevalier de Santivanes on same subject, 140 ; Armstrong rejects pro- posals of, regarding Florida, 162. Tallmadge, Benjamin, 262. Tammany Hall, 49. Tampico, 211. Tate, William, 61. Tatischoff, Dmitri Pavlovitch, [Russian minister at Madrid, 273, 274, 275. Tauchipaho, 186. Tecumseh, 203. Tennessee, 47, 80, 81, 119, 137, 152, 170, 200, 201, 203, 208, 209, 219, 231, 239, 242, 250, 266, 321 ; press of, supports West Florida revolutionists, 183 ; Jackson assembles army in, for Florida campaign, 244. Tennessee, East, 203. Tennessee, W^est, 203, 244. Texas, 157, 160, 161, 170, 234, 272, 27(3, 320, 321, 322. Thomas, Oeneral Philemon, takes Spanish fort at Baton Rouge, 184 ; opposes possession of West Florida by United States, 18i5. Toledo, General Joseph Alvarez de, 211, 218, 219. Tombigbee River, 203. Tonyn, Fort, 17. Trader, Indian, characterization of, 38-39. Trimble, William A., 321. Trinity River, 160. "Triumph of Liberty," drama written in honor of Jackson, 266. Turreau, Louis Marie, 170. Tuscany, 112, 113, 114. Twiggs, Major David E., 237. "Twopenny Trash," 86. United States, 9, 25, 30, 31, 32, 40 42, 43, 44, 55, 60, 62, 63, 77, 78, 81, 83, 105, 106, 116, 127 130, 131, 140, 143, 146, 151, 152, 157, 168, 171, 172, 184, 185, 186, 194, 195, 196, 209, 221, 222, 19, 20, 23, 24, 34, 35, 37, 38, 45, 46, 48, 54, 65, 71, 72, 74, 84, 85, 86, 92, 117, 118, 120, 1)37, 138, 139, 147, 148, 149, 158, 159, 166, 173, 175, 183, 191, 192, 193, 200, 203, 204, 223, 224, 225, 229, 231, 234, 236, 240, 244, 245, 246, 247, 248, 250, 251, 253, 254, 255, 271, 275, 282, 283, 284, 298, 299, 305, 309, 311, 314 ; makes overtures to Spain, 21-22 ; peace negotia- tions with England, 27-28; boundaries of, in treaty of 17'8i3, 33 ; Spanish overtures to, 36; difficulties of, with In- dians, 41 ; Spain declines treaty with, 47 ; treaty of, with Creeks and Seminoles, 49-50 ; stipulations never car- ried out by, 51-52 ; Spain in- vites fresh negotiations with, '56-57 ; circumstances unfavor- able for treaty with Spain, 58-59; failure of negotiations, 59 ; negotiations reopened be- tween Spain and, 66-67 ; Spain encroaches upon commerce of, 68; Spain desires treaty with, 69-70; concludes treaty with Spain, 179 5, 73; misunder- standings as to its provisions, 79-80 ; plans alliance with England against France and Spain, 87-89 ; failure of scheme, 90-91 ; claims of, against Spain, 95-96; conven- tion of 1812, 96-97 ; fears ces- sion of Florida and Louisiana to Spain, 98-99; decides to purchase Florida, 100 ; offers to purchase Florida, 100-104 ; offer renewed, 107-108; Spain refuses to cede Florida to, 108-109 ; views of, concerning French purchase of Louisiana, 109-110 ; plans to purchase Florida and New Orleans from France, 111-112 ; pur- chase of Louisiana by, unjust to Spain, 113-115; legislates for territory east and west of Mobile River, 122 ; remon- strance by D'Trujo, 122-124; right of, to West Florida, 124- 126 ; French construction of Louisiana purchase treaty un- favorable to, 133-134; Spain rejects proposition for treaty from, 150; negotiations of, with Spain concerning spolia- tion claims, 153-155; reply of, to dscision by American tribu- nal, 155 ; approves convention of 1802, 155-156; plan of al- liance of, with England frus- trated, 161; cabinet of, sub- mits Napoleon's offer to con- gress, 162-163; Spanish hostil- ities against, in southwest, 169-170 ; complains of Spanish aggression, 174; Spain unwil- ling to make treaty with, 176 ; offers terms for purchase of Florida under prospect of war with England, 177 ; pre- 398 The Purchase of Florida United States, continued — pares to prevent occupation of Florida by England, 17 S ; re- fuses to participate in war of of Napoleon against England, 179 ; refuses to receive De Onis, 180-181 ; by act of con- gress, authorizes provisional occupation of Florida, 187- 188 ; extent of authority of, in Florida, 188 ; right of, to West Florida, 188-189; Bar- nabue's complaints against, 189-190 ; right of, to occupy East Florida, 198 ; assists South American colonies, 199 ; Russia proffers to mediate be- tween Spain and, 202 ; ' au- thorities of East Florida assist (English against, 205 ; Spain complains of aid furnished to revolted colonies by, 210; prospect of war with Spain, 211-212 ; refuses to recognize De Onis, 213 ; complains of conduct of De Onis, 213-214; reply to, by 'Barnabue, 214; quibbling with Spain over recognition of ministers, 215- 217; accepts DeOnis as minis- ter from Spain, 217; De Onis enters series of protests against conduct of, 218-220 ; justice of complaints against, relative to Spanish revolution- ists, 219 ; justice of De Onis's complaints against, concern- ing filibustering, 226 ; respon- sibility of administration of, for Jackson's acts, 242-243; debate in congress of, over Arbuthnot and Ambrister, 256-267; discussion in cabinet of, concerning Jackson, 267- 270 ; Erving writes concerning attitude of Spain toward, 272- 273 ; adjustment between Spain and, as proposed by Adams, 276-277; more favor- . able attitude of Spain toward, 278 ; England offers to medi- ate between Spain and, 278- 279 ; efforts of South Ameri- can colonies for recognition by, 280 ; favorably inclined toward colonies, 281 ; position of, with regard to Spain and Europe, 281 ; Spain demands repara- tion by, for injuries inflicted Joy Jackson, 285-286; full statement of case of, by Adams, 286-291 ; appreciation of document and its suc- cess, 291-293; France anx- ious to secure settlement .between Spain and, 296-297; requires cancellation of land grants in Florida, 300 ; de- mands cession of Florida as satisfaction for claims, 300 ; England requested to join, in recognizing South American colonies, 301-30'3 ; treaty of 1819, 307 ; comments of Adams upon treaty, 307-308 ; Spain postpones ratiflcation of treaty with, 310; Spain sends special minister to, for expla- nations, 312 ; indignation in, over course of Spain, 313 ; reports of hostility of, to Spain unfounded, 315-316 ; motives of, in proposing to recognize South American colonies, 316-317; treaty of, with Spain before congress, 318-320; treaty of 1819 rati- fied by, 321 ; opposition to treaty in, 321-322; delivery of East Florida to, 32'3 ; recog- nizes South American colonies, 3i2'5 ; justice of acquisitions from iSpain by, considered, 325-330. Upper Arkansas River, 322. Uriquijo, Spanish prime minis- ter, 100. Urtui, , a Mexican revo- lutionist, 219. Varges, Don Pedro de, 309. Vattel, Emrich von, 2 58, 262. Venezuela, 182, 199, 220, 233, 302. Vera Cruz, 180, 186. Vergennes, Charles Gravier, Count de, 26, 29, 30; foresees extension of United States, 20-21. Vicksburg. See Walnut Hills. Virginia, 42, 177, 318. Vives, Don Francisco Dionisio, 320; succeeds De Onis, 310; sent to United States for ex- planations, 312 ; demands ces- sation of filibustering expe- ditions, 314 ; reply of Adams to, 315 ; further discussions of, with Adams, 315-318 ; in- forms Adams that consent of cortes would be necessary for treaty, 318. Wabash Indians, 52. Wabash River, 43. Walnut Hills (Vicksburg), 34, 35 ; evacuation of, by Spanish, 92. Washington, George, 47, 49, 54, 57, 60, 62, 74, 89, 124, 263; term applied to Hamilton, 90. Washington, 97, 98, 135, 157, 169, 174, 179, 186, 189, 195, 200, 209, 238, 241, 247, 252, 264, 267, 275, 282, 300, 304, 308, 310, 314, 324. Weathersford, an Indian chief, 205. Wellesley, Sir Henry, 278, 279. Westerners, hatred of the "down-river Spanish," 35-36 ; Index 399 dissatisfaction of, 42-43 ; stirred up by Spanish, 47; danger of separating from East, 47-49 ; Spanisli intrigues defeated, 4S ; increasing dis- turbances, 54-55; Carondolet writes about, 54-5 5; indigna- tion of, at closing of port of New Orleans, 94-95 ; rejoice at projected seizure of the (Floridas, 200-201. West Florida. See Florida, West. West Indies, SS, 110. West L/Ouisiana. See Louisiana, West. White, John IB., 266. White River, 2 99. Wilkinson, General James, 48, 74, 137, 160, 200, 201, 207, 32 6 ; part of, in transfer of Louisiana, 119 ; connection of, with Aaron Burr, 171 ; char- acter of, 171-172 ; Jackson warns Claiborne against, 172- 173 ; receives orders to ocqupy West Florida, 202. Williams, Thomas H., 321. Wilson, prepares to attack Louisiana, 98. Wirt, William, 268, 270, 304. Woodbine, Captain , Eng- lish officer, 245, 252, 289; drills Indians into British sol- diers, 207 ; takes part in at- tack upon Fort Bowyer, 208. Worthington, William, secre- tary of East Florida under Jackson, 324. "X. Y. Z. Dispatches/' 89. Yazoo (Yassous) River, 32, 144; land frauds, 39. Yellow River, 210. Yrujo, Marquis Casa d', 79, 80, 94, 97, 108, 113, 153, 176, 180, 297, 305, 310 ; makes com- plaint of Ellicott, 77 ; quar- rels with Pickering, 83-84 ; de- mands punishment of Blount, 84 ; reviled by Porcupine's Gazette, 85-87; United States seeks recall of, 91-92 ; com- plains of Bowles, 92-93 ; com- plains of Wilson, 98 ; remon- strates against United States legislating for territory east and west of River Mobile, 122-124 ; on Louisiana pur- chase treaty, 136-137; submits spoliation claims to American tribunal, 154-155 ; accused of bribing editor of Political Register. 166-167; succeeded by Foronda, 168; plotting with Burr, 170 ; conduct of, in United estates, 214 ; named foreign minister, 296 ; Erving writes concerning, 296. ZuNiGA, Maurice de, 283. Americana Catalog of the Publications of The Burrows Brothers Company Cleveland, Ohio (and London) Principal Contents Haworth's Hayes-Tilden Controversy. Indian Captivity Series, 5 volumes. Douglas' Old France. The Leonard Narrative. Orth's American Politicians. Eliot's Logic Primer. Paullin's Navy of the Revolution, Guardia's Costa Rican Tales. Avery's History of the United States. The Jesuit Relations. Severance's The Niagara Frontier. The B B Reprints. Hutchins' Topographical Description. Wafer's Panama. "... the enterprising publishers are doing an in- valuable service to the literature of Americarn history."— The Dial, March 16, '04. 25J4 II Burrows Brothers Company The following pages contain a list of the Publi- cations devoted to American history issued by The Burrows Brothers Company, Cleveland, Ohio. Prices with few exceptions are net, in accordance with the regulations of the American Publishers' Association. Volumes preceded by an * are in limited editions. Alsop (George)... XII Avery (Elroy McKendree X Blackhawk XIX Boone (Daniel).. XIX Bourne ( Edward Gaylord) XII Brady (Cyrus Townsend). . . .XIV Budd (Thomas). XIII Denton (Daniel). .XII Douglas (James) ... IV Douglas (Stephen A.) XVII Eames (Wilberforce) VIII Eastburn (Robert) XII Eliot (John) VIII Gilbert (Beajamin) XV Guardia (Ricardo Fernandez) V Haworth XVIII Hicks (Frederick Charles) VII How (Nehemiah) XVI Hutchins (Thomas) ....VII Jeffries (Ewel)..XVI Jesuit Relations. . .IX Johnston (Charles) ....XVII Jones ( Charles C, Jr.) XIX Leeth ( John). .. .XVI Leonard (Zenas). . . IV Lincoln (Abraham) XVII Mereness (Newton D.) XII Miller ( John) .. .XIII Miner (William Harvey) XIX Neumann (Felix) .XII Orth (Samuel P.).. Ill Paltsits (Victor Hugo) XII-XVI Paullin (Charles Oscar) VIII Rafinesque(C. D.).XI Severance ( Frank H.) x-xv Shepard (Frederick J.) XIII Sparks (Edwin Erie) XVII Spears (John R.)..XV Stevens (Frank E.) XIX Thomas (Gabriel) XIV Thwaites (Reuben Gold) IX-XVI Wafer (Lionel) .. .VI Wagner (W. F.)...IV Winship (George Parker) VI Wolley (Charles).. XII Catalog of Their Publications 1 1 1 Orth (Samuel P.). Five American Politicians. Burr — Doug-las — Clay — Clinton — Van Buren. Size, 7>^x5^; 447 pages, photogravure portraits, cloth {postage .10) $2.00 American Politics examined in the light of present day administration may be said to comprise two distinct features, i. e., personality and principle. The machinery of modern politics had its inception in the desire of certain men to carry out issues and fulfil ambitions highly neces- sary to their own advancement and success. There have been many distinct successes in this peculiar field but it has been Dr. Orth's object to show the beginnings of this essentially American phase of political life. Each of the five great names contributed some special feature. To Aaron Burr may be given the credit of the first American political machine. It has survived the century as Tammany Hall. His romantic life and tragic death add a double interest to the story of his political career. DeWitt Clinton was the founder of the Spoils System, the earliest and most pernicious of all forms of graft. The life of the man was a series of paradoxes; the strong and weak points constantly in contrast one with the other, and his final transformation from a "spoils" nolitician to one of our greatest constructive statesmen forms an in- structing as well as interesting chapter in our history. The system originated by Clinton was deftly carried by another to Washington. The story of Martin Van Buren is one of careful plotting and clever manipulation ; his ousting of Jackson to become President, and the methods used by him to avoid snares and pitfalls is as fascinating as a romance. A Master and Victim of Compromise and Coalition, Henry Clay stands pre-eminent. Five times he stood for the presidency, either before the convention or the people, only to be defeated. For half a century he was a leading actor on our political stage; the organizer of a powerful party; the originator of great issues. One other name— Stephen A. Douglas, Defender of State Rights, must be included, as denoting a man who lead the old Democracy into the land of promise and the realm of nationalism. His life was given to that period which determined for us whether we were to be a nation or a confederation. The book is written in a lucid, straightforward manner, the author's chief object being to bring out the foremost political episodes in ihe lives of the five men under con- sideration. The growth of the spoils system and party machinery; the origin of the caucus and its decline; the rise and de- velopment of the convention plan, and other details of modern politics are treated exhaustively from an historical standpoint and moreover the fundamental thought throughout the book is to show how all the diverse factors combined to aid in the development of the nation and how politics and statecraft have united continually in forming and preserving the Union, 26 IV Burrows Brothers Company Douglas (James, LL.D.) Old France in the New World. Quebec in the Seventeenth Century. Second Edition. Size, 6Xx8|4^; pages, 597; por- traits in photogravure and many full page half-tones, buckram, gilt, extra {postage .12) $2.50 An admirable book on the making of Canada under the French rule, and especially of the begincings of Que- bec, Dr. Douglas having made a particular study of the old town 'and its associations. A scholarly and open minded account, fully illustrated, of the development of that great country to the north of us. With careful and comprehensive index. "The author follows the fortunes of the French settle- ment on the St. Lawrence with a firm grasp of the philoso- phy of its history, and with many entertaining details . .. and is a valuable addition to the increasing literature of the subject.— A^. F. Tribtme. "The illustrations, plans, maps and facsimiles are numerous, exceedingly well executed, and historically valuable." — Cleveland Flahi Dealer. "It contains a wealth of information, part of which is new and what is not is told in such an attractive manner as to give it all the charm of Vi.o\^ &\ty ." —Qiiebec Chrotticle. "Dr. Douglas adds a very substantial and comprehen- sive volume to the literature of the subject ... in fact he has achieved a work of value." — New York Times Satur- day Review. "The historj' of Canada is well worth reading, and the book contains one of the best indexes ever seen in a vol- ume of this kind, filling some fifty -four pages. The work is handsomely printed and bound, and the frontispiece is a photogravure of the study for a portrait of Cardinal Richelieu, by Phillippe de Champaigne, in the National Gallery." — Boston Transcript. "Old France in the New World" will be invaluable to all those who wish to study, in the formative period, the people who now form one-third of the population of the Dominion." — Manitoba Free Press. Descriptive circular on application. *Leonard (Zenas). Narrative of Adventures, 1839. Edited by W. F. Wagner. Size 6x9, pages 317; map, portraits, cloth {postage .14) $5.00 Since Washington Irving gave us "Capt. Bonneville" and "Astoria" the interest in the Great West has been un- abated. Lewis and Clark were the pioneers through the country which Leonard describes and here for the first time is presented in accurate print, one of the most re- markable records of early western adventure (on the prai- ries and in the Rockies) ever experienced by individuals. The first description of the Yosemite is here given, of the redwoods of Mariposa and the big trees of the (then) Cali- fornia Territory. Leonard became a member of the Catalog of Thei7' Publications V Walker Expedition and later in 1834, joined Capt. Bonne- ville at bait Lake, becoming intimate with the celebrated Joe Meek and the renegade Edward Rose, of Astorian fame. The introduction and very numerous and excellent annotations are by Dr. W. F. Wagner. There are maps, tine portraits, and an index of great value. The original work is one of extreme scarcity and its authenticity is iu °o ■^■ay to be doubted. A limited number of copies are offered for sale. The present and coming interest in the ^''^<^^? country adds greatly to the value of this book. T j.^^^ journal tells a great deal about the western Indian Txvo&^."—A7nerican Hist. Review. "This reprint is fully and capably annotated. The value of tne publication is increased by an exhaustive index . . . and a map showing the location of the Cali- fornia missions in \im-\m.i"— Cedar Rapids Republica?i. A good account is given of the California territory, its climate, soil, mountains, streams, crops and native Indians."— A^. Y. Times Sat. Review. Quardia ( Ricardo Fernandez) Cuentos Ticos. Short stories of Costa Rica. Translated from the Spanish by Gray Casement, with an introduction and many half-tone illustrations. Size 5 x T^^:; pages 293, cloth, {postpaid) $2.00 Costa Rica has its own literature and the above collec- tion— a typical one— of Central American stories has been carefully and smoothly translated by Gray Casement a close student of the Latin-American life, and one who makes a strong bid for the future of these southern re- publics. Guardia is considered the leading exponent of belles-lettres in Costa Rica and his work has exerted a strong influence over his countrymen. Here for the first time he is put in English and the illustrations and lengthy introduction by the translator make the book unique in the position which it tills. "Some of the stories are humorous, some tragic; but all show power and present life vividly."— A'ew York Stm. "Senor Guardia is considered one of the leading lit- erary men of Costa Rica, if not of Central America. The unusual merit of he short stories in this collection makes the reader desirous of knowing more of his work Mr. Casement, who is responsible for the translation, has performed a difficult task in a very satisfactory man- ner." — New Orleans Picayune. "Mr. Casement has been able to retain in his transla- tion the effect of the language in which the stories were written. He has kept the idiomatic terms of expression as nearly as possible and the touches of local color make one of their most pleasing (X^2X\X\&?.." —Cleveland Leader. "Here is a unique book indeed * * * Tales like these are not to be found elsewhere."— 7%« Emporia {Kansas) Bulletin. VI Burrows Brothers Company "The stories are not only g-ood — they are very good. In fact they will remind the reader of the brilliant sketches of Selma Lagerlof, the Swedish impressionist. One feels after reading the book through that he has been making a voyage of discovery, that he has never known Costa Rica before more than a geographical name and a possible space on the map of that neck of woods known as Central America — but that now he knows it well. * * * The short novels that Mr. Casement has translated for us are cut as clean as a cameo. There is not an amateurish line in them." — Cleveland Tovun Topics. "Mr. Casement's account of the little republic is more thorough and satisfactory than any we have met with."— Cleveland Plain Dealer. * * * "In 'El Clavel' (The Pink) is told the story of a country girl who vainly loves a well-to-do gentleman of the city; although here and there reminiscent of Castilian story tellers, the' tales and the style in which they are re- lated, make one wish to know more of Senor Guardia and his works." — Neiso York Times Sat. Revieuu. Descriptive circular on application. *Wafer (Lionel). A New Voyage to America. Edited by George Parker Winship, Size 6x9, pages 212, two folding maps and three folding plates, cloth {postage .12) $3.50 A reprint of one of the most valuable early treatises on Central America and the Isthmus. Published in 1699, the volume has been one of great rarity until now pre- sented with all the original plates, maps and a new chart of the country as it is today. Invaluable as a contribution toward our canal literature and the annotations which have been added by Mr. Winship, relating to the ethnol- ogy and anthropology of the country, greatly enhance its worth. Edition of 600 copies. "The publishers have done their full share to produce a book quite in keeping with their v/ell established repu- tation. The original edition of the work is so scarce that students . . . have hitherto had little opportunity of con- sulting it." — American Anthropologist. "In the elegant reprints to which the Burrows Brothers Co., Cleveland, Ohio, has devoted itself, timely is Lionel Wafer's 'New Voyage, etc' The very competent editor, Mr. George Parker Winship . . . has supplemented the text of the narrative with notes drawn from buccaneer literature of the time. . . . The original illustrations are given in facsimile, together with the British Admiralty map." — The Nation. "The work is not only one which should be in every library of Americana, but is highly interesting to the lay reader."— C. F. Lummis, in Out West. "The introduction and annotations of the reprint are valuable contributions to history and anthropology."— Boston Transcript. Catalog of Their Piiblications VII "As an example of the bookmaker's art, this reprint is almost ideal and the editorial work fully bears out Mr. Winship's reputation for careful scholarship." — American Hist. Review. "Mr. Winship's contribution is a scholarly piece of work." — N. Y. Times Sat. RevieiiJ. "A delightful story of old buccaneering days, told by a real buccaneer . . . His account should be read with interest now that the Panama canal promises to become a reality."— A^. Y. Sun. *Hutchlns (Thomas). A Topographical Des= cription of Virginia, Pennsylvania, Maryland, etc. Edited by Frederick Charles Hicks. Size 9^ X 6^, pages 143, folding maps, portrait and plates, cloth $4.00 On handmade deckle edge paper, super extra {postage .i6) $6.00 Thomas Hutchins, the author, occupies a unique place in the history of American cartography, being the only in- cumbent of the civil office of "Geographer of the United States," the position ceasing to exist after his death in 1789. While directed by him there were executed the first public surveys under the auspices of the Government. He is entitled to commendation not only because of this fact but for the reason of his honorable connection of over twenty-tu'O years, as an officer in the British army, eigh- teen of which were given to the Engineer Department. His observations covering the entire southern and western country from West Florida to the Lakes, are em- bodied in several maps and two books, the earlier of which is now offered to the public in an accurate reprint. The prefatory remarks indicate that the volume is intended more particularly to explain the larger map entitled "The new map of the western parts of Virginia, Pennsylvania, Maryland and North Carolina," etc., published separately but of the same date as the book. This chart, 35 x 45 inches in size, together with the folded maps included in the volume, are reproduced with absolute accuracy. Strange as it may seem, the life of Hutchins who in many respects was vitally connected with the history of the American Colonies, their struggle for independence, and their de- velopment after it was attained, has never been written. As an introduction to the volume, the editor, Frederick Charles Hicks, formerly of the Library of Congress, haa prepared, entirely from original sources, an extended ac- count of the man, supplemented by a bibliography of his published and unpublished writings. The Topographical Description is copiously annotated and the whole pro- vided with a complete index. Included is the particularly important and exceedingly scarce Journal of Patrick Kennedy, together with a list of the different nations and tribes of Indians then scattered throughout those parts. As an addition to our cartographical literature the work is VIII Burrows Brothers Company most acceptable, but in presenting a life drawn from offi- cial documents, unpublished correspondence and rov- ernment records, many new facts are for the first time made public and much of importance, heretofore un- known, is gfiveo to the student and historian. "Mr. Hicks has made scholarly use of the opportunity which he had for several years as a member of the staff of the Congressional LiihTsciy."— Bulletin Amer. Geog: Society. "The publishers whose reprints of neglected and well nigh forgotten historical documents deserve not only praise but substantial recognition, have done well in reviving the memoirs and work of Hutchins. . . . We re- gret that the edition is limited, as it is a book which should be in every public library." — The Nation. "An admirable reproduction of a pioneer survey of the Ohio valley. ... It is a thoroughly creditable per- formance." — A^. Y. Sun. "Mr. Hicks has taken his task seriously, using goo4 source material and collecting his information with com- mendable care." — Atner. Hist. Reviow. A descriistive circular on application. *Eliot (John). The Logick Primer. Edited by Wilberforce Eames. Size 5}^ x 6^; pages 94, facsimiles, cloth, extra {postage .lo) $6.00 A reprint of one of the scarcest pieces of Americana, of which there now exists but one original copy in the British Museum. Has both the Indian and English text and is edited by Wilberforce Eames of the Lenox Library. A few copies only remain out of an edition of 150. "Mr. Eames is an acknowledged authority on matters pertaining to Eliot, and his work will be appreciated by a large number of students and collectors who have known the volume only by report."— A'ijTe' York Ti^nes Sat. Revie-m. "The little book contains an excellent introduction by Mr. Wilberforce Eames of the Lenox lAhxKxy ." —American Anthropologist. Paullin (Charles Oscar). The Navy of the American Revolution. Size IYt. x 5^, pages 426, frontispiece, cloth, {postage .lo) $1.25 A volume of the highest importance dealing with American naval history in away entirely unlike that used by any previous historian. The work is divided into two periods, the first dealing exclusively with the Continental Navy or the fleets of the federal government, the second with the several State's navies. Two chapters are de- voted to the valuable naval services of Deane, Franklin, Lee and Adams in France. For the first time the duties which devolved upon Washington, Benedict Arnold, the American Commissioners at Paris and the Continental agents at Washington and New Orleans are made clear, as concerned their duty toward the navy. The initial essay considers the Continental Navy under its first and only Commander-in-chief, Esek Hopkins; the celebrated Catalof^ of Their Publications IX fight of Jones off Flamborough Head; the bloody en- gagement between the Trut7ibull a.nd. M'^a^, andthe mem- orable cruise of that redoubtable Irishman, Commodore John Barrj', in 1782-1783 are briefly recounted. A critical and exhaustive bibliography is contained in an appendix, also a list of the commissioned officers of the Continental Navy and Marine Corps. The list of Ships supplements and corrects that by Lieut. T. F. Emmons, while the total number of officers' names given is 303 or exactly two hun- dred more than contained in Hamersly. As a concise, accurate and readable volume on the subject, treating of the period covered, this little book cannot be excelled. Descriptive circular on application. *Jesuit Relations (The). Travels and Ex= plorations of the French Missionaries among the Indians. Edited by Reuben Gold Thwaites, 73 volumes. Size 6x9. Average number of pages per volume 300, many, (colored) portraits and full page plates, buckram, deckle edge. Per vol- ume $3,50 Travels and Explorations of the French Jesuit Mis- sionaries among the Indians of Canada and the Northern and Northwestern States of the U. S., 1610-1791. Taken from the French, Latin and Italian originals, both manu- script and printed, with a complete English translation. Portraits, maps, and facsimiles. Of the limited edition (750 sets) a few only remain for sale. Price to be ad- vanced at publisher's option. "The most important historical enterprise ever under- taken." — John Fiske. •'The beginnings of American literature."— Literary Vi'^orld. "The greatest literary event of the yeax."— Chicago Tribune. "Of the greatest importance for the student of history and the student of Indian manners."— Cri/zc. "The documents on which is based the early history of America." — Literature. "A work no library should fail to have on its shelves." — Canadian Bookseller. "Among our first and best authorities."— Z>ia:/. "The most important historical undertaking of recent years "— /. N. Lamed. "It makes an epoch in the historical literature of North America." — American Historical Review. "The most valuable addition to early American his- tory that the present decade will see."— Buffalo Enquirer. "The most important addition to the shelf of access- ible American hmtory. "—Litetary World. "An immense boon to succeeding generations (and consequently will be called for much more largely in a few years, when it will be unobtainable)." — The Month. Descriptive circular on application. X Burrows Brothers Company Avery (Eiroy McKendree). A History of the United States and Its People. 12 volumes, size 6X X 9^, about 400 pages, per volume, col- ored maps and plates, cloth, super extra $ 6.25 Half morocco $12.50 Full levant morocco $17.50 In the treatment of his vast and complicated subject, the author has succeeded, to a remarkable degree, in com- bining simplicity with fullness, at the same time preserv- ing the proper relation of parts to each other and to the whole, and quite certainly no work has yet appeared that has so masterfully studied the art of condensation. In accomplishing this Doctor Avery has given color and lucidity to his narrative. It takes time to thus write his- tory from the standpoint of exclusion as well as inclusion, but the sure result is that the ideas are not lost in a mere jumble of words. "The wealth of colored maps is especially commend- able." — Literary Digest. "Even a cursory turning of the leaves for purposes of examination constantly presents a temptation to pause and read a bit here and there.'' — Brooklyn Eagle. "A work that cannot fail to attract the public attention and to compel the favorable judgment even of critics who are prone to look askance at the popular Yvmioxy."— Boston Transcript. "A work which will take high rank with the histories of our country. . . . Dr. Avery writes in a clear, vigorous style and his narration, void of confusing reference notes, is admirable." — Boston Herald. "There is certainly need of a popular history of the United States, better proportioned and more authoritative then Bryant and Gay, and more comprehensive than Fiske. This need Dr. Elroy iM. Avery has sought to sup- ply in his 'History of the United States and its People.'— The Nation. Severance (Frank H.) Old Trails on the Niagara Frontier. Second edition. Size 6x9; pages 270, map, cloth {postage .12 ) $2.50 Drawn in every instance from such authoritative sources as State Archives, early manuscripts, the Haldir mand Papers and other Canadian channels, and woven together after infinite research, the volume has made fo- itself a place in American local history, though in literary scope it may be called universal. The New York Press termed the first edition "one of the mos<- attractive books of the year." Frank H. Severance, the author, has long made a study of Eastern pioneer life and has worked carefully and thor- oughly on the subject. A few of the chapters taken in the order given present plainly the field covered. The "Cross Bearers" treats of the Jesuit Missionaries who came to the region, starting with Dallion, in 1626, Catalog of Their Ptiblications XI "The Paschal of the Great Pinch" is an extract from the hitherto unknown memoirs of the Chevalier de Trey- gay, of Fort Denonvile (now called Niagara), in 1687, and "With Bolton at Fort Niagara," gives an interesting epi- sode in the life of Lieut. Col. Mason Bolton, of the 34th Royal Artillery. "What Befell David Ogden" tells the story of one of the thirty-two persons brought captive by the Indians from 1778 to 1783 to Fort Niagara. In the "Journals and Journeys of an Early Buffalo Merchant" the life of John Lay, who went to that place in 1810, is narrated. One of the most interesting of all chap- ters is thafentitled "The Misadventures of Robert JVIarsh" during his extraordinary travels. Increditable as it may seem, the actual distance covered by this individual was 77,000 miles, amid hardships and perils, Indians and wild beasts, yet he lived and told the tale. One of the last but far from least interesting events described under the title of "Underground Trails" is that portion of the volume devoted to the flight of the slaves. As a summary the work may be called without hesitancy a contribution, valuable not only as such, but as a faithful descriptive narration of events and filling a long felt want in the an- nals of border life. "The book is very handsomely gotten up, and the story form in which the information is put will attract a public that is more than local." — A'^. Y. Szm. "... a work valuable to all interested in early Ameri- can history." — A^. Y. World. "The scholarship, accuracy and local knowledge shown in the treatment of these events described give the book more than a parochial interest." — The Nation. "... many articles of interest are to be found in the volume." — A'^ Y. Times Sai. Review . Rafinesque (C. D.) Ichthyologia Ohiensis. Size %}i X 9, cloth, top gilt, deckle edges. . . . (Out of print. ) "It is therefore a source of gratification to note a ver- batim reprint of this, the foundation work on fresh water xchihYology .—Chicago Evening Post. The "B B" Reprints. A select series, devoted entirely to the scarcest pieces of early American history or travel and especially designed for the collector or student. Each volume is beautifully executed and published in a style fitting it to be permanently preserved. Printed on Dickinson hand-made paper in large clear type, bound in Burrows boards, deckle edges, uncut, in format, a small quarto. Each issue strictly limited to 250 copies, numbered, and 15 copies on Japanese vel- lum, numbered and signed by the editors. XII Btirt'ows Brothers Company Denton ( Daniel ) . A Brief Description of New York. Edited by Felix Neumann. Size 6x9; pages 63, antique boards, (out of print.) This volume was written during 1670 by one Daniel Denton, an ofHcer of the law, in Jamaica, in Queens County, on Long Island, and is a vivid and clear descrip- tion of New York city and of the surrounding country, (including the present State of New Jersey) of that period, i'he intiabitants, their customs, habits and con- ditions are also carefully noted, the Indians are men- tioned quite exhaustively, and the whole forms a narra- tive of great historical interest "Aside from its physical peculiarities, the subject mat- ter is of much interest to the collector of Americana or the student of the youth of his country." — Reader Maga- zine. "The publishers are to be complimented on the ex- cellent make up of the volume."— A^. Y. Times Sat. Review. "It is a vivid and clear description of New York City and the surrounding country including New Jersey, as it was in that ■p^xxod,.'" —Cimiulative Book Index. "The introduction is an admirable piece of biblio- graphical writing in point of thoroughness, and adds to the value of the new edition, which presents a facsimile of the title page of the oxi^xnsX."— Outlook. *WolIey ( Rev. Cliarles) . A Two Years' Jour- nal in New York. Edited by Prof. Edward Gay- lord Bourne. Size 6x9, pages 75, two plates, an- tique boards, deckle edges (postage .06) $2.00 The Rev. Charles WoUey (or Wooley) accompanied Sir Edmund Andros to New York as his chaplain in 1678. At the expiration of two years he returned to England and published, in 1701, his "Journal," to which much value is attached, particularly as concerns the Indians. His knowledge regarding the trade of New York at that date, and the prices of furs and other commodities, is of great interest An original copy is worth about $1,000. "This reprint of his narrative is valuable as there are but few of the original copies in existence."— A''. Y. Press. "The introductions are ample and satisfactory." — Amer. Hist. Revieiu- "The introduction to the Journal is by Prof. Bourne, of Yale University, and leaves little to be desired."— ^aZ/i- more Sun. *Alsop (George). A Character of the Pro= vince of Maryland. Edited by Newton D. Mere- ness, Ph. D. Size 6x9; pages 113, portrait of author and facsimiles, antique boards, deckle edges {postage .08) $2.00 Catalog of Their Publications XIII The work of an indented servant in that State and gives on the whole, a description of favorable circum- stances of the then existing conditions. The work in the original is one of excessive rariry, and this reprint is in every way exact and correct in detail. "... an admirable specimen of typography, and makes an interesting historical document accessible to the general public."— A^. Y. Sun. "The editing by Dr. Mereness leaves little to be de- sired." — Baltimore Sun. "The booklet is of value to the student of our colonial history, and will give the reader a whiff of the spirit and atmosphere of the days of the Restoration."— 77?^ Critic. *MilIer (Rev. John). A Description of the Province and City of New York. Edited by Victor Hugo Paltsits. Size 6x9; pages 185, fac- similes and folding plans, antique boards, deckle edges [postage .og) $2.00 This work was not printed at the time of its composi- tion (1695). The original manuscript found its way from the archives of the Bishops of London to the hands of George Chalmers, the Scottish antiquary. It was sold afterwards to Thomas Rodd, a London bookseller, who first published it in 1843. and this was later used by Gowans in 1862. It is now in the British Museum. The text is transcribed in loco, and a sketch of the author given for the first time. "Printing and binding are in every way worthy of what the publishers style 'the definitive edition.' "— A'^. E. Hist, and Gen'^ Register. "... a curious and interesting volume." — Brooklyn Eagle. "By placing these old prints within the reach of mod- ern students and readers, the enterprising publishers are doing an invaluable service to the literature of American history." — The Dial. "... their elegant series of American historical re- prints " — The Nation. "The bibliographical and historical footnotes are very valuable. " — L iterary Collector. *Budd (Thomas). Good Order Established in Pennsylvania and New Jersey. Edited by Frede- rick J. Shepard, size 6x9; pages 80, fac-simile, antique boards, deckle edges {postage .06) $2.00 Not only a very important early view of these States, but the original has the distinction of being the first book printed in America by William Bradford. Budd was a resident of Burlington, N. J., in 1678, and an extensive landowner. The book gives a good account of the coun- try and its resources and would be today termed a treatise written for the use of emigrants. A translation of "The Dying Words of Ockanichon," an Indian who died at XIV Burrows Brothers Company Burlington, is appended. This latter tract recently sold, in the original, at auction for $1,450 00, and Budd for £125, in London. "The publishers deserve thanks for their handsome reprint of a book which is accounted among the very rarest of Americana." — Reader Magazitie. "Contains a great deal of information, and Mr. Shep- ard's introduction is scholarly and full of interest."— jV. Y. Sun. *Thomas (Oabriel.) Pennsylvania and West= New Jersey in America. Edited by Cyrus Town- send Brady. Size 6x9; pages 83, antique boards, deckle edges {postage .06) $2.00 Little did this author realize the worth of his contri- bution, either as such or from a standpoint of financial value. At the date of its inception and composition, the writer is believed to have been a citizen of London, hav- ing previously resided in America for a period of about fifteen years, and the information contained in the book gives the result of his own experience and observation. In its general make-up the second portion of the book de- voted to West-New-Jersey, is in every way similar to that preceding. Descriptions, exceedingly valuable to the student of contemporary history are lengthy and full of rich material, notices of the soil and climate and particu- larly the portions which refer to the native Indians, are of inestimable value. As to the scarcity of the original, little need be said. Its present day market valuation as a rare book is fully that of a thousand dollars, one having been recently ofliered for more than this amount by a prominent dealer. "The original is extremely rare and the reprint, though limited, is timely." — Atiier. Hist. Review, "In typography and binding the volume is notable for modest elegance." — Chicago Evening Post. All of the above reprints contain facsimiles of the original title pages, maps and illustrations. It is hoped that eventually there will be included some rare tracts or volumes dealing with many of the early States, each dis- tinctive in itself, and attended biographically and biblio- graphically by competent authorities. Other volumes to be announced later. Narratives of Indian Captivities. A series of five volumes devoted to some of the scarcest and rarest works of this character. As a collection, the publishers once more put before the American public many accounts of the adventures, battles, imprisonments, and escapes of our forefathers, which though published and read in days long past, are now almost impossible to procure. . . Uni- formity as to the number of copies of each work Catalog of Their Publications XV prevails throughout the series, both on hand made paper and vellum, and each volume is numbered. The binding of the set is a uniform fine quality of cloth, the de luxe copies being untrimmed and with paper label. *Qilbert (Benjamin). The Captivity and Sufferings of Benjamin Gilbert and his Family, 1780=83. Edited by Frank H. Severance. Size 8X X 5 14^; pages 204, map and four plates, cloth, extra, deckle edges {postage .ij) $3,50 On Imperial Japanese vellum $5.00 A most useful book to students of the Niagara region and its history, and of New York State as a whole, aside from offering much in the way of extraordinary adven- ture to the general reader. The work was written by William Walton, to whom the facts were told by the Gil- berts after their release. Included is a facsimile of two of the original title pages, a remarkable woodcut from the first issue and a newly drawn map of the region trav- ersed, also a complete index. "Mr. Severance is just the man to edit a reprint of this work. Its publication should interest local people greatly." — Niagara Falls Gazette. "Their journeyings and adventures are interesting and cast a curious light on the frontier life of the time." — N. Y. Sun. "A straightforward, simple, direct narrative. . . . " — Buffalo Express. *Eastburn (Robert). A Faithful Narrative During His Late Captivity. Edited by John R. Spears. Size 8X x 6^, facsimile, cloth, extra, {postage .07) $2.00 On Imperial Japanese vellum $3.50 This is one of the rarest of Indian captivities in tbe original, being exceeded in that quality only by Dicken- son's God ^s Protecting Providence, and Gyle's Odd Adven- tures and Captivity. The narrative is one of extreme im- portance because of its being an original authority relat- ing to the war that destroyed the French power in North America. The excellent character of the author and his high standing among the pioneers and early settlers of Pennsylvania must also be taken into account. "Mr. Spears has enhanced the value of the book by his illuminating introduction and his copious annota- tions." — Chicago Evening Post. "Eastburn's hardships were severe but he was equal to them."— 7Vi7^20«. "The narrative is printed with the old spelling and notes."— 7V^. Y. Times Sat. Review. XVI Burrows Brothers Company *Leeth (John). A Short Biography of— With an Account of His Life Among the ln= dians. By Ewel Jeffries, edited by Reuben Gold Thwaites. Size 8X x 5^, pages 70, facsimile, cloth extra {postage .07) $2.00 On Imperial Japanese Vellum $3.50 Leeth's narrative is from every viewpoint well worth the reprinting. The introduction by Dr. Thwaites is lengthy and lucid, giving all particulars concerning the old fur trader and his Indian experiences. The hero him- self was in his seventy-seventh year when these recollec- tions were reduced to writing by Jeffries and his memory was unusually accurate for a man of his humble walk in life. The story is on the whole an accurate matter of fact recital of the often thrilling personal experiences of a typical trader and hunter in the then Indian Territory of Pennsylvania and Ohio — his numerous expeditions, his intimate relations with the savages; and his captivity and life in their camps, chiefly during the stirring period be- tween 1774 and 1790. "The story of his adventures is a wonderful record of hardships and suffering, of indomitable bravery and rigid honesty. — Chicago Evening Post. *How (Nehemiah). Narrative of his Captiv= ity at Great Meadow Fort. Edited by Victor Hugo Paltsits. Size 8X x 5^; pages 72, facsimiles, cloth, extra {postage .06) $2.00 On Imperial Japanese Vellum $3.50 The excessively rare original tract, consisting of twenty-four pages, was first published in Boston, one.year after the death of How, which event occurred while he was a prisoner at Quebec. It is now reprinted for the first time vebatim et literatim et punctuatim, from a fine uncut copy (the Brinley) in the New York Public Library, with a lengthy and complete introduction, valuable foot- notes and an index. Mr. Paltsits has also supplied with the above, a gene- alogy of the author and brought to light many hidden facts which, though known, have not heretofore been authenticated, explaining and pointing out vagaries in New England and specially Vermont history, which will be of incalculable assistance to the future worker in this field. A facsimile of the orginal title-page is included. Nehemiah How was born in 1693 at Marlborough, Mass., and died while captive in Quebec, May 25, 1747. His nar-' rative abounds in interest and is both lucid and accurately written. As a contemporary view of New England and southeastern Canada, it is of great value. "The setting given the narrative in its new appear- ance is of the same excellence as the other volumes in this series of reprints. — The Dial. Catah^ of Their Publications XVII "A diary of the twenty-eight pages, meager in his- torical material but worthy of a reprint because of its Ta.Titj."—Amer. Hist. Review. Opinion in a letter from Prof. William F. Ganong; Smith College, Northampton, Mass.: "I have read it through with care and deep interest,— the latter arising in part from the narrative itself and in part from the way in which the subject is handled, and clarified by the editor. The whole work seems to me just a model of what such a work ought to be— not only in the editing, but also in the form and typography, including the verj' copious index." — Signed. * Johnston (Charles). Narrative of Incidents Attending his Capture. Edited by Edwin Erie Sparks, Ph. D. Size %% x Sl^T; pages 156, fac- simile, cloth, extra {postage .og) $2.50 On Imperial Japanese Vellum $4.00 Althougn consiaeraDiy snorter tnan many ot the nar- ratives offered from time to time by the early pioneers, this volume has many features which commend its peru- sal and which are of value and interest to the general reader as well as the student. During 1789, at the age of twenty-one years, Charles Johnston left a point near Petersburg, Virginia, for the State of Kentucky for the purpose of taking some depositions. His capture by the Indians took place during the summer of the year men- tioned, and he was taken into the present State of Ohio and there kept prisoner until ransomed by a French Trader from Detroit. Eventually he made his way back to Virginia by way of New York. Some interesting inter- national questions of that day touching upon the reten- tion of American forts by the British, are fully and care- fully treated. Ths sum paid for Johnson's release was eventually returned to the French trader by the United States Government. This book is fully annotated, the identifications of all proper names carefully attended to, and full explanations given by Professor Sparks, of the University of Chicago, author of ''The Expansions of the American People" , '' Fortnative Incidents in American Dip- lomacy ", etc., etc. Other volumes in this series will be announced later, and will probably deal more especially with the western country as we know it today, the Rockies and the Pacific coast. A descriptive circular on application. Lincoln and Douglas Debates, in the Cam- paign of 1858 in Illinois. Size 10x7^; pages 415, buckram {postage .22) $3.50 Stephen A. Douglas, an exponent of views dissimilar and opposed, used all the force of splendid oratory and brilliant scholarship, but to no avail, as events have proven. XVIII Burrows Brothers Company The speeches during: the celebrated campaign in Illinois, and the two great speeches of Lincoln in Ohio, are masterpieces. The work is fully indexed with great care and the original edition of 1860 is now so •carce as to be practically unprocurable. Haworth (PaulL. ) The Hayes=Tilden Dis= puted Presidential Election of 1876. Size 8x5^; pages 365. Buckram {postage .12) Net $1.50 To the handling of this subject the author has devoted an enormous amount of the best work of a specially trained historical student's mind, and while his method is highly complete in a technical way, showing thorough scholarship, his style is also bright, picturesque, and in- teresting, showing thus .not only that he has collected his materials with the highest degree of thoroughness, but also that he possesses the ability to co-ordinate the same and thus furnish to his readers something more than the mere building materials of history— a finished historical construction. The author's task was very difficult. It is practically safe to assert that up to ten years ago it would have been impossible, even with the best will in the world, to make so unbiased and thorough a study of the question as IVIr. Haworth has done, and it would seem equally certain that at no time in the future will it be pos- sible to secure such jPifrjo^a/ assistance as has been given to Mr. Haworth by a large number of parties directly connected in some way with one side or the other of this controversy. Catalog of Their Publications XIX Remainders of Publications Owned or Controlled BY The Burrows Brothers Company Cleveland and London *Boone ( Daniel ) . A Bibliography of Writ^- ings Concerning. By William Harvey Miner. Size 1% x5X', pages 32, (interleaved) antique boards {postage .06) $2.00 Jones (Charles C., Jr. ) . History of Georgia. 2 vols. Size 9^x6^; pages 556+640, portraits, plates, maps, buckram, uncut. ($10.00) {express- age .4^^) $6.00 Stevens (Frank E.). The Black Hawk War. Including a Review of Black Hawk's Life. Size 10}4xl}i; pages 323, more than 300 portraits and views, cloth. ($5.50) (postage .24) $4.00 Omar Khayyam — The Rubalyat of. Newly paraphrased by Ruel William Whitney, with slight foreword by C. C. M. Jr. Illustrations by F. H. M. Size 6^x5; illuminated wrappers, in special en- velope, (postpaid.) $1.00 Circulars oj each of the above volumes may be had on application. LIBRARY OF CONGRESS 014 499 588