USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. II > Part 35
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In authorizing Major General Jackson to enter Florida in pur- suit of the Seminoles, care was taken not to encroach on the rights of Spain. I regret to have to add that in executing this order, facts were disclosed respecting the conduct of the officers of Spain in authority there, in encouraging the war, furnish- ing munitions of war and other supplies to carry it on and in other acts not less marked, which evinced their participation in the hostile purposes of that combination and justified the confi- dence with which it inspired the savages that by those officers they would be protected. . An order was in consequence issued to the general in command there to deliver the posts- Pensacola, unconditionally, to any person duly authorized to receive it, and St. Marks, which is in the heart of the Indian
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country, on the arrival of a competent force to defend it against those savages and their associates. In entering Florida to sup- press this combination, no idea was entertained of hostility to Spain ; and however justifiable the commanding general was, in consequence of the misconduct of the Spanish officers in enter- ing S. Marks and Pensacola, to terminate it by proving to the savages and their associates that they should not be protected even there, yet the amicable relations existing between the United States and Spain could not be altered by that act alone. By order- ing the restitution of the posts, those relations were preserved. By this measure so promptly taken, due respect was shown to the Government of Spain. If the embarrassments of Spain prevented her from making an indemnity to our citizens for so long a time from her treasury for their losses by spoliation and otherwise, it was always in her power to have provided it by the cession of this territory. Of this her Government has been repeatedly apprised. There is nevertheless a limit beyond which this spirit of amity and forbearance can in no instance be justified."*
Pending the negotiations between Mr. de Onis and Mr. Adams, the movement of General Jackson into the Floridas in pursuit of the Seminoles occurred. This met with a storm of protest from the Spanish minister who said, "General Jackson with the Ameri- can forces under his command has not only violated the Spanish territory under the pretext of pursuing and chastising the Semi- nole Indians, but he has taken possession by force of arms of the fort and bay of St. Mark, driven the Spanish garri on from those places, and sent them as prisoners to Pensionit, the samtal of West Florida. Not satisfied with this enormous outrage, he marched against the latter place, and has by open rupture and bloodshed violated the peace existing between Spain and the United States. He demanded the surrender of Pensacola as if war had been declared between the two nations; and on the refusal of the Spanish governor to surrender or deliver up the place, the American commander, availing himself of his superior force, attacked it and bombarded the castle of Barrancas, whither the Governor had retired with his small garrison and such of the inhabitants as chose to follow him. Having surrounded that fortress, he gave orders for the assault and carried it. The Gov- ernor and all his people were made prisoners of war." This com- plaint was made on July 8, 1818, and was followed by others in still stronger language, coupled with the demand for the restitu-
. American State Papers.
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tion of the posts taken thus by the United States forces. As soon as the object of the expedition was accomplished, the president gave orders for the surrender of the places taken. This act completely disproved the views of Mr. de Onis that the pursuit of the Seminoles was but a pretext for the occupation and con- quest of the Floridas by the United States. Upon receipt of the information that orders had been issued for the restoration of the forts and towns to Spain and for the evacuation of the province by the American troops, Mr. de Onis expressed the liveliest satis- faction, and signified his anxiety to hasten the pending negotia- tions between the two countries. During the period under which the expedition of General Jackson was conducted, and in response to the complaint of the Spanish minister, Mr. Adams explamed to him fully the reasons for the comse pursued by the Americans ; but with extraordinary fatuity he could not see any justification for such course, nor believe that the United States meditated other than the most hostile intentions toward the possessions of Spain .* The equitable and righteous act of evacuation greatly softened the asperity and irritability of Mr. de Onis, and made him much more pliable and reasonable in the pending negotiations.
While the negotiations were proceeding as fast as possible in the United States, communication looking to a settlement of the . differences between the two countries was being held between Mr. Erving and Jose Pizarro at Madrid. They likewise reiterated the old arguments and endeavored to reach some definite arrangement. While thus engaged the American minister learned that the Span. ish government was granting large tracts of land in the Floridas to prominent subjects or favorites of the crown, who super helt no time in acquainting the authorities at Washington with such facts, managing to secure and send copies of the grants.
The convention of August 1, 1802, between Spain and the United States, which was ratified by the latter January 9, 1804, but not by the former until July 9, 1818, provided for the appoint- ment of a board of commissioners to meet at Madrid to settle the mutual claims of the two countries. While provision was thus made for the settlement of the claims of American citizens for damages resulting from the suppression of the deposits at New Orleans in 1802-3, none was made by this convention for the adjustment of disputed boundaries.
In a communication dated October 24, ISIS, Mr. de Onis sub- mitted the following propositions to the secretary of state: That the United States should disavow the invasion of the Floridas by
ยท American State Papers.
THE FLORIDA AND TEXAS BOUNDARIES. 35I
the troops under General Jackson and restore the places that had been captured ; that Spain should cede the Floridas to the United States; but that all grants of land therein to the present time should not be invalidated ; that the boundary between Louisiana and Texas should "begin on the Gulf of Mexico between the rivers Mermento and Calcasieu, following the Arroyo Hondo between the Adaes and Natchitoches, crossing the Red river at the thirty- second degree of latitude and ninety-third of longitude from Lon- don according to Melish's map, and thence running directly north, crossing the Arkansas, the White and the Osage rivers, till it strikes the Missouri, and then following the middle of that river to its source, so that the territory on the right bank of the said river will belong to Spain and that on the left bank to the United States. The navigation as well of the Missouri as of the Missis- sippi and Mermento shall remain free to the subjects of both parties."*
In replying to this proposition in a communication dated Octo- ber 31, 1818, Mr. Adams said, "The right of the United States to the river Mississippi and all the waters flowing into it, and to all the territories watered by them, remains as entire and unshaken by anything now adduced by you as by anything which had ever preceded it in the discussion between the two Governments. It is established beyond the power of further controversy ; nor could it answer any useful purpose to reproduce proofs which have already more than once been shown, and which remaming uni- paired must henceforth be considered by the United States as not susceptible of reputation." Mr. de Onis was told that the gov- ernment had already given ouders for the restof . molto phones taken by General Jackson, but that the deman I concerning land grants could not be acceded to by the United States, nor could . the boundary between Texas and Louisiana proposed by Mr. de Onis be accepted. Mr. Adams then proposed the following boundary and stated that "I am authorized to assure you that it is to be considered as the final offer on the part of the United States :"*
"Beginning at the mouth of the river Sabine on the Gulf of Mexico; following the course of said river to the thirty-second degree of latitude; the castern bank and all the islands in said river to belong to the United States and the western bank to Spain ; thence due north to the northernmost part of the thirty- third degree of north latitude and until it strikes the Rio Roxo or Red river ; thence following the course of said river to its source
* American State Papers.
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touching the chain of the Snow mountains in latitude thirty-seven degrees twenty-five minutes north, longitude one hundred and six degrees fifteen minutes west or thereabouts as marked on Melish's map; thence to the summit of the said mountains and following the chain of the same to the forty-first parallel of latitude ; thence following the said parallel of latitude forty-one degrees to the South Sea. The northern bank of the said Red river and all the islands therein to belong to the United States and the southern bank of the same to Spain."
He further stipulated that both countries should renounce all claims for injuries or damages, and that all land grants in the Floridas subsequent to 1802 should be null and void. However, the amount of the claims to be assumed by the United States was not to exceed five millions of dollars. He conchided by saying, "The President is deeply penetrated with the conviction that fur- ther protracted discussion of the points at issue between our Gov- ernments cannot terminate in a manner satisfactory to them. From your answer to this letter he must conchide whether a final adjustment of all our differences is now to be accomplished, or whether all hope of such a desirable result is on the part of the United States to be abandoned."
The reply of Mr. de Onis showed that the two parties were get- ting closer together in their negotiations. While claiming that Spain was thus making great sacrifices out of her wish to retain the friendship of the United States, he was willing to accede to the river Sabine as the western boundary of Louisiana "on con- dition that the same line proposed by you shall run due north from the point where it crosses the Kio Kovo ( Red river) till it strikes the Missouri, and extend thence along the middle of the latter . to its source, leaving to Spain the territory lying to the right and to the United States the territory lying to the left of the same." He stated that he was unauthorized to negotiate on the proposed extension of Louisiana to the Pacific ocean ; that the northwestern boundary should remain open for future negotiation; that "if it should be proposed only to draw the line from the point mentioned on the Red river ( Rio Roxo) somewhat obliquely (con alguna oblicuidad) to the westward of the right line due north, which I offer as the boundary of the two countries, I shall not hesitate to take upon myself the arrangement of this point, it being always understood that the proposed line shall strike the Missouri ;" and that he would be willing to agree that all grants of land since Jan- uary 24 last in the Floridas should be null and void.
To this letter Mr. Adams replied under date of November 30, that, inasmuch as the former propositions of the United States
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concerning the western boundary were final, and inasmuch as Mr. de Onis had stated that he was unauthorized to agree on the Rio Roxo or the forty-first parallel of latitude as such boundary, "the President deems it useless to pursue any further the attempt at an adjustment of this object by the present negotiation. I am there- fore directed to state to you that the offer of a line for the western boundary, made to you in my last letter, is no longer obligatory upon this Government." He therefore stated that he was ready to continue the discussion of other points of difference, and proceeded with an argument to justify the United States in pursuing the Seminoles and robbers into the Floridas and the necessity of the steps taken by General Jackson.
No answer was given to this communication until December 12, 1818, when Mr. de Onis wrote a somewhat lengthly argument in support of the position he had taken, and mildly criticized the course pursued by the United States in exacting so much from Spain. Ile insisted that Spain was thus making very great sac- rifices in order to prove her good will for the United States; but he did not in this letter present other or modified proposi- tions. However, on January 11, 1819, he wrote briefly, stating that he had "just received a courier extraordinary of my Gov- ernment with dispatches by which I am authorized to give a greater extent to the proposals which I made to you for adjust- ing and terminating amicably all the subjects in dispute between the two Powers." He therefore asked to have the negotiations renewed. He wrote again January 16, and said that he was authorized to extend the northwestern boundary up the Missouri river to its source, thence to the headwaters of the tohumler, and thence down the same to the Pacific. Mr. Adams replied that this proposition was not acceptable, and that the government would do nothing but repeat the proposition made on the 31st of October last. Mr. de Onis then proposed the following line: "Beginning at the mouth of the river Sabine on the Gulf of Mexico; following the course of said river to the thirty-second degree of latitude, the eastern bank and all the islands in the river to belong to the United States and the western bank to Spain ; thence due north to the northernmost part of the thirty- third degree of north latitude and until it strikes the Rio Roxo or Red river ; thence by said river to the northernmost point of the bend between longitude one hundred and one degrees and one hundred and two degrees ; thence by the shortest line to the southernmost point of the bend of the river Arkansas between the same degrees of longitude one hundred and one and one hun-
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dred and two; thence following the course of the river Arkansas to its source in latitude forty-one degrees north ; thence following the same parallel of latitude forty-one degrees to the South Sea. If the source of the Arkansas river should fall south or north of latitude forty-one degrees, then the line from the said source shall run due north or south, as the case may be, till it meets the said parallel of latitude, and thence as aforesaid to the South Sea; the navigation of the said rivers shall belong exclusively . to the United States forever." A few days later, or on Febru- ary 9, he changed this proposition so that the line should extend westward on the Rio Roxo to the one hundred degree of longitude and thirty-three and one-fourth degrees of latitude, where it crosses that river; "thence by a line due north by the said one hundred degree of longitude from London, according to Melish's map, till it enters the river Arkansas ; thence along the middle of the Arkan- . sas to the forty-second degree of latitude; thence a line shall be drawn to the westward by the same parallel of latitude to the source of the river San Clemente, or Multnomah, follow- ing the course of that river to the forty-third degree of latitude; and thence by a line due west to the Pacific Ocean."* Both Floridas by his proposition were to be ceded to the United States; and both countries were to renounce all claims against each other, for damages, injuries, etc.
On February 13, Mr. Adams presented the following counter proposition : "The boundary line between the two countries west of the Mssissippi shall begin on the Gulf of Mexico at the mouth of the river Sabine in the sea ; continuing north along the west- ern bank of that river to the thirty-second degree of latitude; thence by a line due north to the degree of latitude where it strikes the Rio Roxo of Natchitoches, or Red River ; thence fol- lowing the course of the Rio Roxo westward to the degree of longitude one hundred and two west from London and twenty- five 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 Arkansas to its source in latitude forty-one degrees north; and thence by the parallel of latitude to the South Sea." If the source of the Arkansas was north or south of forty-one degrees, a straight line due north or south was to be run thereto. The other propositions were the same as proposed by Mr. de Onis.
In the final discussion, in which, owing to the indisposition of Mr. de Onis, Mr. Hyde de Neuville took part, the Spanish
*American State Papers.
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envoys asked that the boundary be fixed in the middle of the rivers named, but the United States insisted that the line should be on the western bank, though stipulating that the navigation of the streams should be open to the vessels of both countries. The United States agreed to the proposition of Spain that the line should extend no farther westward than the one hundredth degree of longitude on the Red river, and also agreed to the forty-second degree of latitude instead of the forty-third for the extension to the Pacific ocean. The reason given for the objection of the Spanish minister to the extension of the line so far up the Red river, was that it carried the limits of the United States too near Santa Fe, the capital of New Mexico, a Spanish province. The following is the full text of several of the articles embraced in the ratified treaty :#
"Article III. The boundary line between the two countries west of the Mississippi shall begin on the Gulf of Mexico at the mouth of the river Sabine, in the sea, continuing north along the western bank of that river, to the thirty-second degree of lati- tude ; thence, by a line due north, to the degree of latitude where it strikes the Rio Roxo of Natchitoches, or Red River; thence following the course of the Rio Roxo westward, to the degree of longitude one hundred west from London and twenty-three from Washington; then, crossing the said Red River, and run- ning thence, by a line due north, to the river Arkansas; thence following the course of the southern bank of the Arkansas, to its source, in latitude forty-two degrees north ; and thence, by that parallel of latitude, to the South Sea. The whole being as hid down in Melish's map of the United States, published at i mis delphia, improved to the first of January, 1818. But if the source of the Arkansas river shall be found to fall north or south of latitude forty-two degrees, then the line shall run from the said source due south or north, as the case may be, till it meets the said parallel of latitude forty-two, and thence, along the said par- allel, to the South Sea: 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 navigation 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 inhal- itants of both nations.
"The two high contracting parties agree to cede and renounce all their rights, claims and pretentions, to the territories
* Treaties of the United States.
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described by the said line, that is to say: The United States hereby code 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 ceded to the 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 JI. Ilis Catholic Majesty cedes to the United States in full property and sovereignty, all the territories which belong to him, sitnated to the eastward of the Mississippi, known by the name of East and West Florida. The adjacent islands dependent on said provinces, all public lots and squares, vacant lands, 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 the possession of the commissioners or officers of the United States duly authorized to receive them."
It was further provided "that Spanish vessels coming laden only with productions of Spanish growth or manufacture directly from the ports of Spain or of her colonies, shall be admitted for the term of twelve years to the ports of Pensacola and St. Augus- tine 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." And in article IN, the United States nale the following renunciation : "To all claims of indenities on account of the suspension of the right of deposit a New Orleans in 1802."
It was provided that commissioners and surveyors should be appointed to fix the boundaries definitely within one year from the date of ratifying the treaty; that the ceded territory should in due course of time be admitted into the Union ; that grants of land by the king of Spain in the Floridas after the 24th of January, 1818, should be null and void ; that grants by his Cath- lic majesty previous to that date "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 circum- stances of the Spanish nation 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 respect- ively from the date of this treaty, in default of which the said grants shall be null and void ;" that the United States should sat-
to
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isfy its own citizens for claims against Spain to the extent of five millions of dollars, the claims to be settled by a commission. Mr. de Onis objected to the stipulation limiting to five millions of dollars the amount to be paid by the United States on account of damages claimed by American citizens, on the ground that the territories ceded were worth four or five times that amount; but in the end it was allowed to remain. The treaty was concluded February 22, ratified by the senate February 24, and by the president February 25, 1819.
By an act approved March 3, 1819, congress enacted "That the President of the United States be and he is hereby authorized to take possession of and occupy the territories of East and West Florida, and the appendages and appurtenances thereof; and to remove and transport the officers and soldiers of the King of Spain being there to the Havana, agreeably to the stipulation of a treaty between the United States and Spain, executed at Wash- ington on the 22d day of February in the year 1819. providing for the cession of said territory to the United States ; and he may for these purposes and in order to maintain in said territories the authority of the United States, employ any part of the army and navy of the United States and the militia of any State or territory which he may deem necessary." The president was authorized to establish a temporary government therein, and the sum of twenty thousand dollars was appropriated to defray the necessary expenses. This enactment closed with the following paragraph : "That this act shall take effect and be in force when- ever the aforesaid treaty providing for the cession of said terri- tories to the United States shall have been ratified by The King of Spain, and the ratifications exchanged, and the King of Spain shall be ready to surrender said territory to the United States according to the provisions of said treaty."* This clause rendered the act inoperative until after the ratification of the Spanish mon- arch on October 24, 1820. On the 3d of March, 1821, the clause above concerning the occupancy by the United States and the removal of the Spanish troops was re-enacted by congress.
The king of Spain did not ratify the treaty within the six months stipulated, nor for a considerable time after the expira- tion of that limit. Serious objections were found to the details of the several articles of the treaty. Spain desired an explana- tion of "an imputed system of hostility on the part of citizens of the United States against the subjects and dominions of Spain, and to obtain new stipulations against these alleged injuries as
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