USA > Florida > The purchase of Florida; its history and diplomacy > Part 7
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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. Schouler's History of the United States, Vol. I, pp. 422-424, 438, 450.
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America was necessary to conduct that business. 1 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 winter 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.
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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."1 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.
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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."1 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. 2 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, Domestic Letters, Madison to D'Yrujo, March 10, 1803.
2. D'Yrujo to Secretary of State, Vol. I, Feb., 1803.
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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." 1
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." 2
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 Pinckney, Nov. 27, 1802.
2. Ibid., Vol. V, p. 358. John Marshall to David Humphreys, Sept. 8, 1800.
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the indemnity clause of the treaty of 1795. The illegal seizure of American vessels was continued "under pretext that Gibraltar is being blockaded." 1
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 :-
I. 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. 2
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, 1802.
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claim to that right by the same arguments put forward to secure the navigation of the Mississippi. 1 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. 2
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 arms. 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. 3 The dark clouds of war lowered, a storm seemed about to break. D'Yrujo,
1. Vol. VI, Instructions, p. 27.
2. Treaties and Conventions, 1819, p. 1015.
3 .. Vol. VI, Instructions, MSS. State Dept., p. 70, Madison to Charles Pinckney, Jan. 10, 1803.
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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." 1
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, Feb.,
1803.
2. Vol. IV, Instructions to United States Ministers, p. 1. Pick- ering to David Humphreys, Feb. 1, 1797.
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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."1 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." 2
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." 3
"I am moving with great caution," writes Pinckney, a
1. Ibid.
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.
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few months later, "and preparing the best and most prob- able means of obtaining, if possible, the Floridas."1 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 new 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. 2
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. Ibid., Pinckney to Madison, March 20, 1802.
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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 which 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
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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 friends, 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. 1
"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.
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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 navigate 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 affect 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
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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 liberal policy which will be likely to ensure forever the attachment and tranquillity of the respective governments." 1
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." 2 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." 3
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