USA > Florida > The purchase of Florida; its history and diplomacy > Part 21
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1. Vol. II, Foreign Legations, p. 197, Monroe to De Onis, Jan. 14, 1817; ibid., p. 198, same to same, Jan. 25, 1817.
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it cannot in the present state of England count upon her assistance. 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." 1
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. Tatischoff, 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. XIV, G. W. Erving to secretary of state, March 2, 1817. 18
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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." 1
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 considerable 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." 2
Although the Russian influence continued to prepon-
1. Letters from Ministers Abroad, Vol. XIV, Erving to secretary of state, April 6, 1817.
2. Ibid., Erving to secretary of state, No. 30, April 6, 1817.
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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 with 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." 1 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 José Pizarro, the new foreign minister, that the negotiations be again transferred to Madrid. 2 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. 3 This was promptly and unequivocally rejected and the sec- retary of De Onis was immediately dispatched with new instructions and negotiations again transferred to Wash-
1. Letters from Ministers Abroad, Vol. XIV, Erving to J. Q. Adams, Aug. 27, 1817.
2. Pizarro to Erving, July 16, 1817.
3. Pizarro to Erving, Aug. 17, 1817.
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ington.1 The Spanish council of state and principal offi- cials were mostly grandees and priests, bigoted and narrow minded, who lived and talked only of the glories of the days of Charles V., unable 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." 2
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 differences by an arrangement on the following terms:
I. 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 arbitra- 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 Ministers Abroad, Vol. XV, Erving to J. Q. Adams. Adams entered upon his duties as secretary of state Sep- tember 22, 1817.
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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." 2
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. 273, Adams to De Onis, Jan. 16, 1818.
2. Ibid., p. 282, same to same.
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ments 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." 1
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." 2
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 Mr. 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, 1817, 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 Abroad, Erving to J. Q. Adams, March 16, 1818.
2. Ibid., same to same, June 12, 1818.
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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 subject 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 to South America will tend to reconcile them." 1
1. Vol. VIII, Instructions, p. 178, J. Q. Adams to Erving, April 20, 1818.
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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 of 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?" 1
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. 246, J. Q. Adams to Richard Rush, Aug. 15, 1818.
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ple 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- Derb 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 subjects.
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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. 1 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. De Onis to J. Q. Adams, June 17, 1818. American State Papers, Foreign Relations, Vol. IV, p. 495.
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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." 1
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 2 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 1817, 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 State Papers, Foreign Relations, Vol. V, De Onis to J. Q. Adams, July 8, 1818.
2. Maurico de Zuniga.
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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." 1
In reply De Onis asserted that the 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.
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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 Pensacola 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. 2
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 property taken and all damages and injuries, public or private, sustained in conse-
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