Glass_iJ^lA^_ Book ^^ M C 86 ] L FROM THB PRESIDENT OF THE UNITED STATES, XHANSMITTINa 9UNDRT PAPBRS HBLATIlfG TO Transactions in East and West Florida, Receiredat the Department of State since his Message of 28th January, last, WITH COPIES OF TWO LETTERS FROM THE SECRETARY OF STATE, UPOX THE SAME SUBJECT. APRIL 19, 1822. Printed by order of the Senate of the United States. WASHINGTON: PRISTXD BT GALES & SEATO:^. 1822. r. 3/5 . U572 It' [86] I communicate to the Senate copies of sundry papers having ivla^ tion to transactions in East and West Florida, which have been re- ceived at the Department of State since my Message to tlie two Houses of Congress, of the 28th of January last, together with co- pies of two letters from the Secretary of State, upon the same sub- 'c ject. C JAMES MONROE. ^ fVnsMn^ton, nth Jprih ISS'^^ [86] Mr. Worthingtou to the Secretary of State^ 15th January, 1822, (Extract.) Enclosures. No. 12. Col. Forbes to Mr. "Worthington, 8th January, 1822. 13. Mr. Law to the same, - - 14th [86] Extract of a letter from Mr, Worthingion to the Sjecretary of State, dated Executive Department, E. Florida, St. Augustine, Jammrt/ \5thf 1822. ** The enclosed certificates, Nos. 12 and 13, will close all the pa- pers which I have thought it necessary to send on, respecting the ar- chives. ** If the government will direct me what to do with the papers, de- termined to be returned to the ex-governor and escribano, I will make the disposition accordingly." No. 12. Colonel Forbes to Mr. Worthingion. St. Augustine, January) 8, 1 822. Sir: After the archives and documents had been investigated uu- der your excellency's commission of the 1st of October, and the papers separated, I communicated your orders to the escribano, Mr. Entralgo, to deliver him those taken from his office, which, it was deemed, the United States did not claim under tlic ti-eaty; also, I made a similar offer to Mr. Arredondo, the general attorney of the ex-governor, Colonel Coppinger, he being absent, to deliver those taken from him, which it was thought proper not to retain; they both declined taking them; so they remain safe, but subject to future or- ders. I made the offer in writing, as one of the commissioners and as marshal of the United States for the Floridas, agreeably to your written directions. I am, &c. &c. JAMES G. FORBES, His Exc'y W. G. D. Worthington, Secretary and acting Governar of East Florida. [86 ] 6 No. 13. Mr. Law to Mr. Worthington. St. Augustine, January 14, 1822. Sir: Of the arcliives and documents taken into the American pos- session under your commission of the first of October, from the Spanish escribano, Mr. Entralgo, part of five boxes are retained as belonging to the United States under a fair construction of the treaty; and the remainder of the five boxes determined by the commissioners to be returned to Mr. Entralgo. From the Spanish ex governor. Colonel Coppinger, part of six boxes are retained under the above construction, and the icmainderof the six boxes determined as above to be returned to Colonel Coppinger. Both Colonel Coppinger and Mr. Entralgo, I learn, decline taking those offered to be returned; I would, therefore, advise some final disposition to be made of them, cither by yourself or the general government, as they may be subject to casualties while in our possession. To those papers retained, Americans, Spaniards, and all persons interested, have daily access. Those determined to be returned, remain nailed up, and no one suf- fered to handle or inspect them. Yours, respectfully, EDMUND LAW, Mcalde. W. G. D. WORTHIISGTON, Secretary f and acting Governor of East Florida. Capt. Bell to the Secretary of State. AVashington City, January 5th, 1822. Sir: 1 had the honor to command the detachment of the United States' troops, on the 10th of July, 1821, the day on which an ex- change of flags took place at St. Augustine, the capital of East Flo- rida, under the late treaty with Spain. On the day following, I was, by commission from General Jackson, Governor of the Floridas, vested witli all the powers of the late Spanish Governor Coppinger, which commission I received through the hands of the Ameiican commissioner. Colonel Butler, with other documents and instruc- tions from my government in the discharge of \ ash.ngton, on the part of the American commissioner be settled. No inventory of the archives, documents, and papers* ^ere ever made to my knowledge; none was delivered to me by Co? Jiutler. After his departure, a number of the inhabitants waited nn me, to know the situation in which the archives and dolmen ts^^^^^ lativeto property and rights in the province had been left by the Amencan commissoner, and if he had obtained possession of them? On being informed that they were said to be in the possession of tL Escribano, a Spanish notary and officer, until the doubts arisinVas to he delivery of them should be settled by the respect ve Spanish and Ainerican authorities, they appeared greatly dissatisfied ex pressed themselves in a manner, and in terms, which ed me t^ be l.eve hey had no confidence in the Spanish officers, and finding no inventory had been made of the archiVes, declared, from thJrk,fow? iedge of the manner in which these documents were filed thrro wL no security that the whole of the documents woud e e. b de iver ed; that important papers might be sent to the Havanna, if not al ready sent; that others might be placed on the files; h" fact, that the door was open to almost every species of fraud in the office by whch individual rights would be violated, and the public lands wm.Mi granted away without the possibility of deteS They stiiLly ^:^ed;^^^^^^ ill the offices of the fJlr ^ documents a„d papers found was a vess alm^^t 'eajv to sliTfL m''''hS"' """ E^crihano; there which are usually kept in thi. offlL ^Tl?""'^^ ^"^^^ *^'««^ P^P^rs C 86 ] 8 in which they were left, anil were paying great fees to the officer to obtain evidences of their papers being in the office. I must turlher state, that the notary Don Juan de Entralg-* had declined to take the oath of allegiance to our government; that. Governor Coppmger was respectfully applied to by me to deliver up the papers peacea- bly, before any resort was had to force, and when the papers were put'into the hands of certain persons appointed to examine them, with directions to separate private papers from documents relating to the province, Governor Coppinger was given to understand, that he, or any agent on his behalf, might attend the examination. As far as the examination has proceeded, many papers have been sepa- rated from the public documents, put into boxes, and reported to Mr. Worthington, for the purpose of being returned. By the citi- zens having property, and residing within the province, the conduct of the American officers in taking the papers, was generally approv- ed of. , , Most respectfully, I am, sir, Your obedient servant, JOHN R. BELL. Honorable John Quinct Adams, Secretary of State^ « [ 88 ] Genei-al Jackson to the Secretary of State, 22d January, 1822. C Enclosures. J C. Same to Captain Bell - . . 1st September, 1821. D. Same to Mr. Worthington, . . ISth August, tlo. E. Governor Coppincjer to Col. Butler, 23d June, do. E. Colonel Butler to Governor Coppinger, 26th June, do. Same to same .... 3d July, do. Governor Coppinger's answer . . 4tli July, do. Colonel Butler's reply, . . . 5th July, do. Same to Captain Bell, . . . 11th July, do. EE. Same to General Jackson, . . 21st January, 1822. No. 3. Mr. Wortliington to Gen. Jackson 9th November, 1821. No. 4. Mr. Reynolds to same . . Without date. No. 5. Gov. Worthington to Messrs. Bell, Forbes, & Law, . . . 7th November, 1821. General Jackson to Secretary of State, 31st January, 1822. Extract. f Enclosures. J Secretary Walton to General Jackson, 7tb January, 1822; Saaie to Colonel Clinch, . . . 21st do. do. Same to Captain Wilson, ... 2d do. do. Pivrole of honor to Villiers and Guillemard. Memorial of Villiers and Guillemard. Order pe that both may fice themselves from that misrule and oppression with which they have been cursed, for centuries past, under former governments. The language used throughout the letters of the minister of Spain, and the charges therein contained in relation to myself, cannot hot be viewed as an insult to my government, to the American people, and to the officer whom he has endeavored to cover with odium and dis- grace. It is derogatory to that comity and decoium which should always characterize diplomatic communications, and which are es- sential to the harmony and friendly intercourse of nations. In re- ply, I confidently trust, that the President of the United States will take such a stand, as shall secure the respect due from foreign minis- ters to his exalted station, to the officers of the government, and to the nation over which he presides. It is a subject of remark, that I have been the object of Spanish calumny and virulent animadversion, ever since the transactions of the Seminole war. This spirit of hostility is to be discovered in the observation of governor Mahy to Col. Forbes; in the letter of the latter to the Secretary of State, of the 20th Ma), 1821; in the pio- tests of Cols. Coppinger and Calava; and has pervaded all ti»e di- plomatic communications of Spanish ministers, subsequent to the period to which I have alluded. Although such a course is insulting to myself, to the executive, and to the American people, I have never deemed it of sufficient importance to induce me to complain. Feeling a confidence in having alwjiys discharged my duty, whilst in the service of my Cduntry, I disregarded the abuse and vitupe- ration of Spanish agents, from a belief that my government would vindicate its honor and dignity. This, I flatter myself, will yet be accomplished in due time. A considerable portion of my life has been devoted to the happiness, honor, and glory of my country, and when my conduct has met the appiobation of the government, I have a right to expect that it will resist any attempt to slander my repu- tation. Notwithstanding I solicit the most free and unrestrained in- vestigation into all the nieasui*es of my ])ublic life, by those to whom I am responsible, it is conceived that the same latitude should not be granted to the ministers of foreign powers. Such an interferenee is rude and indecorous, and should be resented on all proper occasions. This, it is believed, is not due to me alone, but to the President and the nation. I am, sir, with sentiments of great respect, Your most obedient and humble servant, ANDREW JACKSON. Hon. John Quincy Adams, Secretary of i>tate. 17 . [ 86 ] General Jackson to Captain Bell, Pensacola, September Ist, 1821. Sir: I have this moment received your several letters of the 31st July, and 4th August, with their enclosures, and regret that the shortness of time will not permit me to answer in detail. On the suhject of the archives, I will harely draw your attention to the 2d article of the treaty with Spain, according to which, ail archives and documents directly relating to the property, or sovereignty of tiie country, are to be delivered hy her. You will thei*efore, forthwitli, on the receipt of this, if not already in possession of them, take them into your possession, and place them in the hands of the alcalde for safe-keeping, and who ought to be, like every other, a swoi-n oilicer under the government, and not a Spanish oflicer, owing no allegiance to the United States. All papers and documents in the jjossession of the Cabildo, and of course in the possession of Amei'ican and not Spanish functionaries, are to be retained, and none of them pcimitted to be culled-and taken away. I am gratified with the friendly expressions of the Cabildo of St. Augustine, but am sorry to find they iiave so entirely mistaken the sense of the proclamation. Nothing could be more absurd tlian that Spanish oiiiiers, as such, should administer the government. The true meaning is, that whenever the incumbent will take the oath to support the constitution of the United States, and abjure that of Spain, and take the oaths of oihce, he shall continue therein. The partT)! the proclamation which enjoijis fidelity to the government of the United States would otherwise be nonsense, and the Go\ernor has, at all times, the power to remove, or dismiss him, and supply his place. But this will not be done, unless it be found that he is incompetent to his trust, or nnfaithful, and whenever cither is the case, this power, for the benefit oftlie public, ouglit to be exercised. I have read Mr. Fitchc's report to you, and have discovered that he has viewed the constitution of Sj)ain as in full force in the Flori- das. This is not the fact. On tlie 4tli May, 1814, it was annulled, and every act and decree passed in pursuance of it, declared illegal and void. It was never re-established until 1820, after the Floridas had been ceded to the United States. Of course, Sj)ain could not le- gislate for a country not her own. The first act, after the re-estab- lishment of the Cortes, was, to recommend the ratification of the treaty of cession, and no decrees of the Coi'tes were ever promulgat- ed in the Floridas, until after the ratification of the treaty. It would be strange indeed if Spain could legislate for a country whose so- vereignty and property had passed out of her hands. The act of Congress for the occupation of the Floridas, and my proclamation, will, I think, clearly shew, that the Spanish constitution was not taken into view. They are j)reciscly similar to those which preced- 3 C 86 3 18 ed the occupation of Louisiana. Besides, the constitution merely provides for a form of government, of which the judiciary is a part, and a part which cannot he separated without being imperfect; and even this judiciary was never established in the Floridas by decree of the Cortes, not to speak of its entire incompatibility with the na- ture of our constitution and government. The mere circumstance of uniting in the same person the difterent ottices of Captain General, Intendant, and Provincial Governor, and leaving it to the President to prescribe the manner in which the powers of the existing olHcers shall he excicised, shews that there was no intention to pursue the Spanish plan of government. The ordinances heretofore sent you are intended to distribute and organize a government, approximating as nearly as practicable to that of Spain, and formed out of the poweis with whicli the Span- ish officers were clothed. It must be borne in mind, that although Spanish laws and usages are in force, excepting so fai* as they may be expressly altered, yet the Spanish government has ceased. Mr. Fitche's ideas, as to the powers of the Judge appointed by the President, so far as relates to the carrying into effect the acts ex- tended over the Floridas, are correct, but the Judge can exercise no other powers, unless specially given him by the instructions of the President. Such instructions have not been given, and 1 doubt very much whether tlie President could legally give them. There is no doubt, that the person exercising the powers of the Governor of East Florida, can exercise all the powers exercised under Ihe King of Spain, at the time the country was ceded. The Governors of the Floridas oxercisid judicial )>ovvers as late as the 10th July, 1820. This was up to the ie-estah!ishmeiit of the Cortes, and the ratifica* tion of the treaty; and to the ycvy delivery of the country, admiral- ty jurisdiction. On the subject of the archives, I have again to repeat, that you will take them into your charge. Governor Coppinger's powers hav- ing ceased with the delivery of the country, he cannot be considered, as respects the United States, any more than any other individual. He is not lecognized in any official capacity; he has, theieibre, no right to demand any papers in the possession of the United States* officers, or to hold any official cori'es|)ondence on any subject aris- ing since the delivery, by which act his official character, as to us, ceased; and even the subjects of difference, which arose before the delivery, were referred to the respective governments. Captain Willis is now here, on his way to St. Augustine, but, fear- ful of not being able to reach that place befoie the second Monday in tjiis present month, he has therefore halted, to hear from you, whethei' the clerk's office for the county of St. John's is kept open for him. If it is, he will repair there, as soon as advised of it, at this place, and you will please to address him to the care of Cary Nicholas, postmaster, Pcnsacola. On the subject of Indian Agent, I have this day addressed a letter to the Secretary of War on that subject, enclosing Mr, Penniers' let- ter to him, and Mr. Dexter's. 19 [86] Should you know where Mr. Pcnnicrs' is, please to inform him, that I have been waiting for him to report to me in ])erson, and that I have a letter from the Treasury Department for him. I am, with sentiments of respect, Your most obedient servant, ANDREW JACKSON, Governor of the Floridas, Sfc, Captain John R. Bell, or to such officer as may be exercising the government of East Florida. D. Governor Jackson to Win. G. D. fforthington^ or Captain J. R» BelL exercising the powers of the Governor of East Florida, Pensacola, Aug. 13, 1821. j Sir: On the 28th ultimo, I despatched an express, Capt. Hanham, to you, with sundry oidinances that I found it necessary to adopt for the better organization of the Floridas. The ordinances are only a declaration of what the Spanish-law really is, and what its operations under the Cortes would have been — The constitution of Spain^ pro- viding for the trial by jury in criminal cases, although never extend- ed to the colonies, because the treaty ceding the Floridas was con- cluded before tlie constitution was adopted and carried into execution in Spain. When I took possession here, I found nothing but an Alcalde, which was filled by a Spanish military officer, who could not there- fore hold it under our Government. I appointed an Alcalde, Judge Brackenridge, in whose custody all archives received were placed. Finding that a Cabildo had once existed here, I ordained the re-estab- lishment of it, in that of a Mayor and Aldermen of the city, adding a board of health to it; and there being no judge, I created a county court, with the powers that this court would have held under the con* stitution of Spain, and that of the United Slates. Col. Butler reached me on the 8th instant, and reports that he foUnd at St. Augustine an Alcalde, a Cabildo, and a Judge, all in operation. This will afford you great relief in carrying into effect the ordinances sent you by Cajit. Hanliam. In every instance where the incumbents in otHce will take the necessary oaths of office, and are, in your opinion, of good moral character, and fit for the office, you will continue them. 1 have found but few here of the Spanish inhabitants, that would accept an office under our Government, not having determined of themselves whether thty will become citizens of the United States, and believing that taking an oath of office [86] 20 would be considered tlieir election to become citizens, have in most -^ instances refused. It is necessary on tlic cliaup^c of Government, tliat all officers who are to execute it under the United States, shuuld take the necessary oaths of office, and when this is refused, you will fill the vacancies thus occasioned, by new appointments; even when the old incumbents will remain, and espcrially in the latter case; foi- as S])anish officers they cannot execute the i^overnment under the United States. This will be handed you by Mr. Bird, who hasthe appointment, by the President of the United States, as attorney for East Florida. 1 am, with great respect. Your most obedient servant, ANDREW JACKSON. E. Extract of a letter from Governor Coppinger to Colonel R. Butler, un- tier (late June 23, 1821. "I answer your esteemed note of yesterday, assuring your excel- lency, as I mentioned in my letter of the 19th, that, until I received the answer of my govei-nment, on the doubts arising on the delivery of tlie public archives, relating to the individual property of the in- habitants of this province, and on which I have, on this date, wrote for information, 'ihey shall not be removed from this place, and shall remain precisely as they are.'* *' I shall likewise remain here until this point is decided, as well as that on the artillery, on which I have made my report; and, in the mean time, have formed an exact inventory of the documents con- tained in these archives." Extract from Colonel Butler*s letter to Jose Coppinger, Governor, ^c. dated June 26, 1821. "The subject of the archives relating to individual property, I consider perfectly understood between us, and will, therefore, remain silent on that head, until you receive the further instructions of yo.up government in relation thereto.'* Extract from Colonel Butler's letter to Governor Coppinger, dated July 3, 1821. which was predicated upon information received con- fdentially, that a large portion of the archives, relating to private prjperty, were packed up for removal to Cuba. "That a more perfect understanding si ould exist between us, in relation to the archives, which are embraced by the trtaty of cession. 21 [86] and relating to individual property, is the object of this coinmuni- catioH." •' I should, upon mature reflection, consider myself wantinaj inmy duty to the inliabitants of this province, who arc about to become citizens of my government, if I withbeld any statement in relation to the archives, which might lead to the removal of any document, that would be of importance to their security, and which my govern- ment considers as included in the treaty. The following records are deemed indispensable to this object, viz: the royal or otber orders, authorizing the governor of this province to issue grants for lands, lots, or squares; the evidence of indemnity offered by Great Bri- tain to her subjects, who might leave their property in this province and retire to lier territory, after the cession to Spain; the procla- mation of the Spanish authorities, calling on those individuals to come and dispose of their propei-ty, or peaceably occupy it within certain periods, or the same would be confiscated; and tlie order of confiscation thei-eaftet'; the original records of all grants made in the province, either by iiis Catholic majesty, the captain general of Cu- ba, or the governors of this province respectively; the original re- cords, relating to all ti-ials and decisions, embracuig individual pro- perty; and the original records relating to the execution of wills and administration of estates. *'The foregoing explanation is given to shew you, what I am bound to consider as the archives relating to individual property, and vvliicU are not to be removed from this place, until the decision is had on the subject by our respective governments." The answer hij Governor Cojjpinger. *' The note your excellency was pleased to send me yesterday, in order to point out which are the records compreliended in the treaty of cession, and appertaining to private property, I have duly examin- ed, and have to answer, that, confining myself to a compliance with the treaty, and the orders of my government, [which, he informed colonel Butler verbally, prevented him from delivering the archives] the literal sense is the only guide to my endeavour in the execution, and when any donbts aiise, I consult tiiem with that frankness, ne- cessary to ascertain my course, and warrant my responsibility. "Thus actuated, I early informed your excellency of the measures which I had taken, with respect to tlic public archives, or Escribano office, or recoi'ds bearing on private property of the inhabitants of this province, measures to which your excellency was pleased to ac- cede." "It now appears, that your excellency advances pretensions to other documents, that, I am soi-ry to say, ai'c, according to my con- ception, excluded from the delivejy. 1 do not coinj>reivcn(l the ground upon which you found your demand; therefore, and ia order to rc- l)ort to ray govei-nment by the earliest opportunity, tiiat it may de- ride with your's on these points, and. at tliesamj^ timp,on tjjose others Cse] 22 in question, your excellency will excuse my not entering into parti- cular observations on each of them." Extract of Colonel Butler^s answer, dated July 5, 1821. " In answer to the note of yesterday, which your excellency has done me the honor to address to me, I beg leave to remark, that the only ground assumed on my part, in making the communication of the 3d instant, was that of the faithful performance of my duiy to my government, and the individuals who are about to become citizens thereof; and I did not expect you to enter into particular observa- tions, on the subject of that letter, but I wished to give you tiinely information of what documents I considered to be the archives in our arrangement, and would be esteemed, under the treaty, sufficient to guarantee the possession of the inhabitants in their property, and that they might not be removed until the decision was had on the subject, when I could adopt such further amicable measures as are warranted by my instructions." *' If I comprehend your excellency aright, it is, that you will com- municate a copy of that letter to the captain general of Cuba." Extract of Colonel Butler^s letter to Captain J. R. Bell, dated St. JiU' gustine, July 11, 1821. ** The foregoing extracts are given you as the evidence of the actu- al situation of the archives, relating to private property, and the de- cision of the government of the United States must determine the necessary steps to be taken thereon." "The balance of the above letter relates to subjects unconnected with the archives." ROBERT BUTLER. E.E. Colonel Butler to General Jackson. Hermitage, January 21, 1822. Sir: On reading the correspondence between Colonel Forbes and the Captain General of Cuba, I find a promise, on the part of the lat- ter, that the Governor of East Florida would be ordered to deliver over the archives to the American authorities; and this duty not hav- ing been performed, I consider it proper to advise you, that, in the month of June last. Colonel Coppinger, late Governor of East Flo- rida, stated to mc, in a conference had on the subject of the delivery of the archives relating to individual property, that, as an individual, tie believed they should be given over to the United States, but that 23 L »*> J his orders prevented him from turning them over. I mentioned to him tliat I had heard a report, as a reason for not turning them over, that it would be the interest of the United States to destioy them, and remarked that 1 regarded not the source from whence it came, as it could alone spring from the most wicked and unprincipled heart. As there appears an absence of good faith in the execution of the late treaty, I give you this information for the benefit of the government. I have the honor to be, very respectfully. Your most obedient servant, ROBERT BUTLER, Late U. S. com. in East Florida-. No. 3. Mr. Worlhington to General Jackson. St. Augustine, JVoveniber 9, 1821. Sir: I have the honor to acknowledge the receipt of your highly esteemed favor of the 1st ultimo; its delay may be accounted for IVoni tills remark on the envelope, " missent to and forwarded from >Yash- ington City, October 24th, 1821," Your approbation of my humble but honest exertions to anticipate and fulfil your intentions in the organization of this government, I receive with sentiments of no ordinary sensibility; I assure you I had difficulties to contend with, which, had they have assailed me from a legitimate quarter, I should not have valued them " a pin's point," but coming from a point of the horizon where I looked for only in- vigorating and cheering sunshine, it was peculiarly calculated to di- minish and enervate my powers and official weight. I saw the whole ill policy with regret, but not dismay. I was determined the Spaniards should not see and triumph in thcspectacle of the Americans quarrel- ling amongst themselves; under the blessing of Heaven, 1 felt I could w eather the storm, and I was conscious of your support. Your let- ter before me has shewn I was not mistaken. The affair of the Government House is handsomely settled, as you will see by my correspondence, predicated on your opinion, with Col. Eustis, marked Mos. 1. 2. To shew you that I was uniform in my sentiments respecting the harmony which ought to exist between the civil and military authorities, your high encomium of which I am prottd, I enclose you two letters marked Nos. 3. 4. I would indeed give a mass of private evidences of this matter; but I take my leave of it, I hope forever, and sincerely pray your pardon for being so troublesome on such an affair. I thank you for your advice on my probable intercourse with tlie Indians; I shall be governed by it literally. I intend, if practicable, to prepare a splendid talk for them; but they shall understand two things at least, very distinctly: The non-natives imist return amongst th^^Crceks, and the natives, if they stay in Florida, must be concentra- I sincerely hope, sir, that the visit of yourself and family to Ten se , I w.ll endeavour to merit the additional proof of confidence Mhich vou have reposed in me durin.^ your tern, or ry aSce A^e can, Out tit yellow fever has sadly cut us up; even now, it raL-es- God knows Avhen .t will stop; the first black fro^t, they say, is acer' ta.u bar to .t; that may not come till January, if then Yesterda; a tmy room .n the shade, the thermometer stood at 72: th is as ine> ate matkul Ao. 5. Any further course which vou, or the e-o- vcrnmentat Washington, may direct concerning? th4"i w I adm^t and ,n the .nterim, if any thing shall suggest itse'lf to me Is nece^sa: ry to he done in the pren.iscs, I will pro|ress in it. Ihc Kx-governor Coppinger, like his compeer Callava, I see, bv a Charleston paper, publishes the proceedings as an " outra-^e '^ No body who knows the Si.aniards, as the Pi^esident, you.^K^^ s^'^fZlf 7' -""^trymen, will pay much attenfion to 'the e so. ., o. appciJ But, uiilortunately for persons in public stations who get into disputes with them, too many of our IHIow-ritizens take su es with them because they know nothing about them Jf it should be thought best, it is probable some of u,?, w ho ha been a As to myself, I intended to do what; was right and proper, and hope my proceedings may meet your approliltion. My^ fortune amongst the Spaniards, on both sides of the e.p.ator, has been to in' cur then- d.s .ke and hostility; yet, I trust, not of tie good! ibera "ot ye.;t " ed ' '" "''"' "'^- ''''^' ^" ^'-^^ ^'^ M.' Hackley With great respect, kc. W. G. D. WORTIIINGTON, h;^ -Fvpoii A '^''^''^^"'^ "^''(l acting Governor of East Florida. Ills Jixcellency Andrkw Jacksov, Governor of East a7id West Florida. No. 4. Mr. Reynolds to General Jackson. St. Augustine, IQth Xov. 1821. Ihe other documents referred to by governor Worthington cannot he lorwarded by this mail, as much of%ur time must be necessarily 25 [ 86 ] devoted to the sick, the dying, and the dead. His Excellency resid- in.i^ in the Island, about a mile and a half distant, prevents me fi-om giving him this information previous to tlie departure of the mail. But being desirous tiiat nothing which is in readiness, should be de- layed, I send you his letter to the commissioners. No. 5, upon their having closed the examination of archives and documents, &c. as far as was practicable under the circumstances. Very respectfully your obedient serv't. WILLIAM REYNOLDS, Private Secretary. His Excellency Andrew Jackson, Governor of the Floridas. No. 5. Governor Worthington to John R. BelU James G. Forbes, and Ed- mund Law. St. Augustine, JVov. 7, 1821. Gentlemen: I had the honor to receive your additional report on yesterday evening of the 5th inst. on the subject of the records and archives. I felicitate you on the conclusion of the difficult and laborious du- ties, which it was deemed necessary to assign to you, which you so cheerfully undertook, and so faithfully have discharged. I have been an eye witness to the open and assiduous manner in which you con- ducted the investigation, and have no doubt, when the voluminous mass which you have transmitted, shall be criticised, it will prove to be an honest and able examination. Without detracting from the other commissioners, I must be per- mitted to pay a particular compliment to the President, nho, duiing the whole tedious inquiry, while the epidemic raged in tliis city, with the most assiduous punctuality, presided at the board. 1 know the various duties of Col. Forbes, and the sickness of Mr. Law, pre- vented them giving such full attendance, as they otherwise would have done. I am peifectly satisfied with them and the whole board. You will be pleased to present my respects to the Secretaries, Messrs. Betham, Guy, Lynch, and Reynolds, for the faithful discharge of their duties. And now, gentlemen, I must be permitted to say, notwithstanding the clamor which has been raised on a similar proceeding, respect- ing the archives at Pensacola, and even against the affair heie, you have conducted and finished this commission in a masmer to chal- lenge the approbation of every disinterested and honest American 4 ^ C 86 ] 26 in our country, and, I hope, even of every unprejudiced Spaniard who possesses one spark of true Castilian honor and sincerity. ' With great respect, &c. W. G. D. WORTHINGTON, Sec. and acting Gov. of E. Florida. John R. Beli, James G. Forbes, and Edmund Law, Esqs. Extract of a letter from General Andrew Jackson to the Secretary of State. "^ Hermitage, near Nashviile, January Slst, 1822. "Enclosed, I send you an extract of a letter from Col. Georee AValton, Secretary of West Florida, and charged with exercising the powers of governor of the same, in my absence, with its enclosure. Having received from the President of the United States his letter bearing date the 3 1st December last, post-marked at the city of Washington, the 9th instant, notifying me that my resignation was accepted, forecloses me from giving to Col. Walton any instructions otticially, and have thought proper to refer him to the President for directions, as to the proper course to be pursued with regard to those Spanish officers. Col. Coulon is father-in-law to John Innerarity Guillemard is a very base and treacherous man, being the same who* piloted the British up Bayou Bien venue, in the year 1815, then an officer of Spain, when the attempt was made upon New Orleans bv General Packenham. ^ "I also enclose herewith, marked No. 2, for the information of the President of the United States, the certificate of Mr. Henry Wilson a man of respectability, that goes to shew the fraudulent practices committed by the officers of Spain, with regard to land titles in the Floridas, and forcibly adds to the propriety of adopting the rule I have heretofore recommended, of appointing none to the office of commissioners for the adjudication of land titles in Florida, but those of honesty, integrity, and entirely disinterested. Should this rule not be adopted, great frauds will be imposed upon the United States." Extract of a letter from Col. George Walton, Secretary of West Flo- rida, and exercising the duties of Governor of the same, dated Janu- ary 7, 1822, to General Jackson. "A few days ago, two of the Spanish officers. Colonel Marcos de Vilhers, generally called Colonel Coulon, and Arnaldo Guillemard, arrived here in a vessel from Havana. It was lirst intimated to me. 27 [ 86 ] that they had resigned their commissions in tl»e Spanish service; but wiien arrested by my order, and brought before me, they declared they had come with the intention of asking permission to attend in person to the settlement of their private affairs, and the removal of their families. They solemnly declared, that they had not returned in defiance of the proclamation, which they had promptly obeyed, and that they are ready to submit themselves to any order which should be taken in their case. For the present, I ordered them into confine- ment; but the calaboze being in no condition to receive them, for, ex- cepting the officer's room, it has no fire-place; and as Coulon is a very old man, and his wife, at this time extremely ill, 1 thought it best to confine them in their own houses. The situation of old Coulon was such, that it would have been cruel to confine him in the dungeon with the common malefactors; and I could not, with propriety, make a distinction with respect to Guillemard. They then presented the enclosed memorial, in which they throw themselves on the mercy of the government. "After these concessions, and the humble manner in which they sue to be permitted to remain, I was well convinced that you would have granted them the indulgence they prayed for. But, under my in- structions, although a state of things was presented by the returning sense of propriety on the part of these people, different from what is contemplated in these instructions, yet, 1 did not consider myself au- thorized to go any farther than to continue them in the same con- finement until further orders. I was well convinced that, while on the one hand you were determined to cause the government provi- sionally established over these provinces to be respected by every one living under it; and, as far as you were concerned, to cause the stipulations of the treaty to be enforced; yet, I also knew, from the magnanimity of your disposition, that you would instantly relent on the first manifestation of respect to the government, and submission to its determinations. This course, however, was not adopted by me until after consultation with Colonels Fenwick and Clinch, Major Denkins, and Judge Brackenridge, who all concurred in the opinion, that this was, under all circimistances, the most proper. "The sixty days in the case of Innerarity having expired, apjjlica- tion was made for execution; as nothing had been offered by him in the mean time, on any claims put in by creditors. He had got the papers on his receipt, as had been customary, and when called upon, found he was disposed to try his old tricks; on which 1 had a no- tice served upon him, to shew cause at eleven o'clock this day why an attachment should not issue. I had determined to commit him in- stantly, if the papers were not then produced; and to keep him in prison until they should be forthcoming. He took the hint, and left them with Mr. Cannon last night. A long memorial by Mr. Acre was presented, praying a review of the whole proceedings; but I shall pay no attention to it, and will now proceed forthwith to com- pel the payment of the money. [86] 28 "I learn from St. Augustine, that tlie splendid talk alluded tn in my last, Lasentu-eiy faikxl, f.-om the unaccountable ndn'uLcir" cumstance, of there being no Indians to listen to it, as no Sended on the occasion, although a considerable concourse of whites S had assembled on the beautiful plains of Atlath.i^a «o Vli • tiently several days for their arrival " ^^^^^^^na, waited impa. Colonel Walton to Colonel Clinch. Pensacola, Jrmimry 21, 1822. iJ]^'' ' ^''^ *"* ''^'^"''^ *'i^* y^" '^''^ ^"-ect that such portion of the ^troops unde.- your command as may be necessary, shall be furnished to carry ,nto effect the proclamation issued by^Ge^al jXot^?.; September ast requiring the departure of certain Spanish officers from the Flondas, two of the officers named in that Zc an lat.on having returned to this city without permission. ^ oclamation I hftve the honor to be. Your obedient servant, GEORGE WALTON, r. , T^ r ^ ^^^'"''-^ ^^' ^^^''^"^^^^ ^nd acting Governor of same. Col D. L. CxiNCH, '^ Commanding the post Fensacola. To Captain Wilson, the officer of the day. You are hereby commanded forthwith to apprehend and brine be. fore me, at the Executive Chambers, Marcos de Villiers and Anfaldo Gu.llemard. that they may be dealt with according to law for he contempt and disobedience of a certain proclamatio^n iss, ed by s Excellency General Andrew Jackson, on the >29th day of Septe'^ber 1821 requning the said Marcos de Villiers and Arnaldo GuSlemard to withdraw themselves from the Floridas. ^uiiiemaiU ^nffl/".?"" ""^ ^T? ^""^ P'"'^^*^ «^^^* t''^*'^ »>eing no seal of office, this second day of January, in the year 1822, at Pensa- cola, in the province of West Florida. GEORGE WALTON, ^^c'ry W. Florida, and acting Governor of same. J3y the acting Governor, Samuel Fry, Private Sec'ry. 29 C 86 ] Executive Chambers, > PensacolUf Januarij 2, 1822. Marcos de Villiers and Arnaldo Guillemard, having this day heen brought before George Walton, Esquire, Secretary of West Florida, and acting Governor of the same, by virtue of his warrant, that they might be dealt with according to law for the contempt and disobe- dience of a certain proclamation issued by his Excellency Major Gene- ral Andrew Jackson, on the 29th day of September, 1821, requiring the said Marcos de Villiers and Arnaldo Guillemard to withdraw themselves from the Floridas, and having been required to shew cause why they should not be committed to prison for the said con- tempt, were heard by counsel, and his excellency the acting gover- nor not being fully advised as to the matter offered by them in ex- cuse of their return to this province, granted further time to the said Marcos de Villiers and Arnaldo Guillemard, until to-morrow at ten o'clock in tiie forenoon, to shew further cause, &c.; and, in the mean time, they were ordered to consider themselves under arrest, and con- fined to their own houses by parole of honor. To his Excellency George Walton, Governor of the Floridas, ^-c. c5-g. The memorial of Marcos de Villiers and Arnaldo Guillemard respect- fully represents: That your memorialists, with other Spanish officers, were, by the proclamation of his Excellency Andrew Jackson, Governor of the Floridas, issued on the 29th of September last, ordered to quit the Floridas within three days thei-eafter, for reasons therein assigned. That your memorialists, in obedience to the said proclamation, with- drew from the said provinces, and repaired to the island of Cuba; and that, after being there some time, they found themselves compell- ed, from the situation of their private affairs, and the illness of a part of their families, to return to this country. That, in so doing, nothing was further from their intention than any disrepect to the constituted authorities of this province, whose determinations they declare them- selves ready to observe and obey so long as they remain in the same. But they beg leave respectfully to represent, that, at the same time, they are Spanish officers, they and their families have also been inha- bitants of this country for many years; and that they are owners of real and personal property here to a considerable amount. That, by the fifth article of the treaty, the inhabitants of the ceded provinces ■who may desire to remove to the Spanish dominions, shall be permit- ted to sell or export their effects at any time whatever, without being subject, in either case, to duties. That your memorialists are desi- rous to remove with their families to the Spanish dominions, and that, unless permitted to remain here, and superintend in person these ne- cessary arrangements, they will be exposed to serious loss and injury. [86] 30 Your memorialists thci-efore pray, that, taking the circumstances into consideration, and esj)ecially their solemn declaration that they return, not as Spanish officers, but as private individuals, on private business, and with every disposition to obey and respect the existing authorities, they may be permitted to remain for the purpose of set- tling their affairs, and making the necessary arrangements for the femoval of their families. MARCOS DE VILLIERS, ARNALDO GUILLEMARD. January 3, 1 822. Executive Chambers, Peiisacola^ January 5, 1822. I have maturely considered the memorial of Marcos de Villiers and Arnaldo Guillemard. Although well satisfied, from the known magnanimity of General Jackson, that, if he were present, the peti- tion would be granted; yet,from the circumstance in which I am placed, I consider myself compelled to continue the present arrest and con- finement till further orders. GEORGE WALTON, Sec'ry W. Florida^ and acting Governor of same. A true copy from the records, Samuei Fry, Private Secretary. No. 2. H. Wilson's Certijicate. Pensacola, Jan. 6, 1822. I do hereby certify, that, some time last spring, I made a purchase of Henry Milchelet of this place, of a tract of eight hundred arpents of laud on the Escambia, according to the plat of survey, accompany- ing the grant; and on a view of which plat, the grant was confirmed by the Intendant General of Havana. About two months ago, hav- ing taken an American surveyor to examine the lines, it was found that the Spanish survey was a mere fiction, it being absolutely im- possible, from the nature of the ground, and the course of the river, to obtain a tract of eight bundled arpents, in any way agreeing with the description in the plat. When this was made known to Mr. Milchelet, and he was convinced of the fraud, he proposed to me to make a survey of any vacant lands I should choose; that he could have the plat of this land withdrawn from the title papers, and send the new survey to Havana, and have it certified by the Surveyor Ge- neral, and inserted in the place of the first. This proposal I rejected with indignation, as dishonorable to me as an individual, and a fraud »pon my Government. HENRY WILSON. 31 [ 86 ] The Secretary of State to Mr. Walton, Department of State, Washington^ 22(Z Fehrnary, 1822. Sir: The President of the United States having received and ac- cepted the resignation of General Jackson,, as Governor of the Flori- das, I am instructed to inform you of his direction that you should continue to exercise all the authorities vested in you by General Jack- son, during his absence from the province, until further provision for the government of the same shall be made by Congress, or until you shall receive further orders from the President. I have received from GeneialJacksoii a letter enclosing an extract of yours to him, of the 7th of January last, relating to the case of the two Spanish officers, Marcos de Villiers and Arnaid Guillemard, under arrest at their houses, for returning to Pensacola in disobedi- ence to the proclamation of General Jackson. As it appears by their memorial that they returned for the settle- ment of their private affairs, and the cai-e of their families, and that they pledged themselves to pay due respect to the laws and the con- stituted authorities of the territory, the President directs me to in- struct you to discharge tiiem from arrest, and permit them to remain there. I have the honor to be, witii great respect, sir. Your very humble and obedient servant, JOHN QUINCY ADAMS. George Walton, Esq. (bee. ^ acting Gov. West Florida. The Secretary of State to Don Joaquin d'dnduaga. Department of State, Washington, 5th Jipril, 1822. Sir: In the letters which I had the honor of writing you, on the 2d of November, and 31st of December last, you were informed that a definitive answer to the complaints against certain proceedings of General Andrew Jackson, while governor of Florida, which were co-.itaJned in a letter to this Department from Don Hilario de Rivas y Salmon, before your arrival in this country, and in your letters of the 18th and 22d of November, would be given after* the substance of those complaints sh(Kjld have been made known to General Jack- son, and his explanations of the motives and considerations by which he had been governed in adopting the measures complained of, should have been received. lii performing this promise I am commanded by the President of the United States lo repj-at the assurance of his deep regret, that the transactions, which formed the subject of those complaints, should [86] 32 ever have occuiTed, and his full conviction, upon a review of all the circumstances which have attended them, that they are attributable entirely to the conduct of the Governor and Captain General of Cu- ba, and of the subordinate officers of Spain, in evadin.e; and refusing the fulfilment of the most expi-css and positive stipulations of the trea- ty, both of evacuating* the province within six months from the ex- change of the ratifications of the treaty, and of delivering the ar- chives and documents relating directly to tlic property and sove- reignty of the ])rovinces. At the time of tiie exchange of the ratifications of the treaty, your predecessor, GcTieral Vives, delivered an order from His Catholic Majesty to the Captain General and Governor of the Island of Cu- ba, and of the Flnridas, informing him of the cession to the United States of that part of the provinces of which he was the governor, that was situated on this continent, and instructing him as follows: *' I command you, and ordain, that, after the information which ** shall be seasonably given you by my Minister Plenipotentiary and «* Envoy Extraordinary at Washington, of the ratifications having *' been exchanged, you proceed on yom* part, to make the proper dis- *« positions, in order that, at the end of six months, counting from the ** date of the exchange of the ratiiii ations, or sooner if possible, the " Spanish officers and troops may evacuate the territories of both ** Floridas, and that possession of them be given to the officers or " commissioners of the United States, duly authorized to receive them. " You shall arrange, in proper time, the delivery of the islands adja- «* cent and dependent upon the two Floridas, and the public lots and "squares, vacant lands, public edifices, fortifications, barracks, and ** other buildings, whicii are not private property^ as also the ar- •' chives and documents which relate directly to the property and ** sovereignty of the same two provinces, by placing them at the dis- *' posal of the commissaries or officers of the United States, duly <* authorized to receive them.'* This order, thus clear and explicit, was despatched, together with letters from general Vives, to tlic governor of Cuba and the Floridas, notifying him of the exchange of the ratifications of the treaty, by Col. James G. Forbes, who was commissioned, '♦ as agent and com- missary of the United States, to deliver to him the Uoyal order, to arrange and concert with him, conformably to instructions commit- ted therewith, the execution of the above stijjulations, and to receive from the said governor and from any and every pei-son possessed of the said archives and documents, all and every one of the same, and to dispose thereof in the manner piescribed by his instructions." Col. Forbes' authority, thus, was to receive the documents and archives, and to concert and arrange with the governor of the Floridas. the deli- very of those provinces, which GeneralJackson was commissioned to receive, take possession of, and occupy, and of which he was further commissioned to be the governor, when surrendered to the United States. 33 C 86 ] T\w I'oyal order was delivered by Colonel Forbes to the Governor of the. Floridas, at the Ilavanna, on the 23d of April, 1821. There lias been shown by that Governor no cause or reason wliich could justly have re(juired iiini to delay the delivcsy of the documents and archives, and the ai-ranj^ements tbi* the delivei*y of the provinces, be- }o))d the term of a single week. There were iiventij boxes of those arciiives and documents; the whole, oi' with very few exceptions, the whole, of which ought, by the positive stipulation of the treaty, and by the i-xpress order of the King of Spain, to have been immediate- ly delivered to Colonel b'orbes. Not one of them was delivered to liim; nor has one of them been delivered to this day. The oi-dei's for the surrender of the provinces were delayed from day to day, notwithstanding the urgent and contijiual solicitations of Colonel Forbes, for the term of six weeks, at the ej)d of which, to avoid further indefinite procrastination, he was compelled to depart without receiving the archives and documents, but, with repeated I)romises of the Governor, that they should be ti*ansmitted to this government — promises which have i'cmained to this day unper- foi-mcd. The orders for the delivery of the provinces themselves, were not only thus unreasonably withheld, but when made out, though not furnislied to Colonel Forhes till the last week in May, were made to bear date on the fiftli of that month: nor were they j)repared conform- ably to the stipulation of the tj'eaty, or to the royal order of his Ca- tholic Majesty; for, instead of directing the surrender to be made to tiic commissioners or ollicers of the United States, duly aui/iorizied to receive them, tiie instruction to the commanders in East and West Florida was to deliver those respective pi-ovinces to Colonel Forbes luinself, who had from tiie United States no authoi'ity to receive them. And although expressly advised of this fact by Col. Forbes, with the ree sup'- posed writ of habeas corpus, he required that Col. Callava should en- ter into a recognizance for* twenty thousand dollais, with two securi- ties, each for the amourit of ten thousand dollars; the condition of w hich recognizance was, that Col. Callava should personally be and appear before the Judge of the United States for \Vest Florida, &c. whenever required so to d.o; that he should not depart from the city of Pensacoia, without the leave of the said court, nor send away, re- move, or otherwise dispose of, unknow n to the said court, any of the papers in question. It was only upon the promise of his friends that this recognizance should be executed, that Judge FVomentin consented to issue the wi it of habeas corpus; and this recognizance renounces in fact every pretension of exemption from the Judicial authority of the countryj and consequently of the diplomatic privileges of a com» missioner. It has been seen that the most important documents relating to the propel ty of West Florida had been ti-ansmited to the Havanna; there remained, however, a portion of them, particularly of judicial records, relating to the titles of individual property. Some of these Colonel Callava did deliver up with the province; others, of the same description and character, indispensable for the administration of jus- tice in the province, and useless at the Havanna, whither it was his intention to have transported them, were retained; not in his posses- sion, but in that of Don Domingo Sousa, a Spanish officer, who, by the stipulation of the treaty, ought also to have departed from the pro- vince before the 22d of August. The day immediately preceding that date, the alcalde of Pensacoia^ at the suit of a woman, in a humble walk, indeed, of life, but whose rights were, in the eye of General Jackson, equally entitled to his protection with those of the highest rank, or the most commanding opulence, had rejiresented to him that a number of documents, belong- ing to the alcalde's office, and relating to estates at that place, and to suits there instituted, were in tiie possession of Domingo Sousa* that the necessity for obtaining possession of those documents was urgent, and therefore he requested the Governor to authorize some one to make a regular denjand ot them, and to ascertain what they were. Governor Jackson, accoidingly, forthwith commissioned the secretary of the territory, the alcalde of Pensacoia himself, and the clerk of the county court of Escambia, to proceed to the dwellir. of Sousa, to make (Icinand of all s.ch papers or do.nmenls. bclo„ici..o. to the alca de's ollico, as mi.^ht l,c i,. his possession; an.) in ra?e ol Sousa's refusal to exhibit o.- ities, but Assumed that he was still the Go^crnor nt province and that Sousa was amenable for his conduct o 7to . m Co . Ca lava might, on the same pretence, have retained the whde body of the Spanish oflicers and troops under his command a IV cola and in.sisted upon exercising over them all his ext^ gufshed al " thority, as Governor and commander in chief, after tl el st o 4" gust, as he could to exercise any ofiil decree, touching tif a S c c m tJ 37 [ 86 "! 'xu(\ vQConh, as the rishfs of the indiridualSf secured to them by the treatij, might reqnire, and the justice of the case might dcmnnd. By virtue of this order, Sousa was brought before Governor Jackson, and again recognized the authority under which he was taken, by answeiing the interrogatories ])ut to him. But lie had ah-eady put the papers and documents out of his imssession; and thus, as far as was in his power, baffled the ends of justice, and set at deiiance the lawful authority of the Govei-nor. In this transaction, Col. Callava was avowedly the principal agent; and altogether unjustifiable as it Mas, whatever conseijuences of inconvenience to himself resulted from it, must be imputed to him. It was an imdisguised effort to prostrate the nuthority cif the United States in the province^ nor had Governor Jackson any other alter- native to choose, than tamely to sec the sovereign power of his coun- try, entrusted to him, trampled uisder foot, and exposed to derision by a foreigner, remaining there only upon his sufferance, or b^ the vigorous exercise of his authority to vindicate at once tlie rights of the United States, and the just claims of individuals to their protec- tion. Governor Jackson could consider Col. Callava in no other light than that of a private individual, entitled indeed, as the officer of a foreign power, to courtesy, but not to, exemption from the process of the law. Notwithstanding his improper conduct, Governor Jack- son, in tiic fit'st instance, authorized Col. Butler and Or. Bronaugh, accompanied by Mr. Brackenridge, the Alcalde, to wait upon him and his steward, and dcuiand from them the specified papers, which Sousa had declared, in his answer to the interrogatories to have been delivered to the steward at Governor Callava's house. It was only in case of the refusal to give up the papers, that the ojder ex- tended to theseizui'eof the person of Col. Callava, that he might be made to appear before Governor Jackson, to answer interrogatories, and to abide by, and perfoini, such order and decree as the justice of the case might demand. This demand was accoidingiy made, and although at the first moment peremptorily refused, yet, upon Col. Callava's being informed tliat his refusal would be considered as set- ting at defiance the authority of the governor of the Floridas, and of the consequences to himself which must ensue upon his persisting therein, he desired to be furnished witli a memorandum, setting forth the documents required, which was accordingly done. But when the delivery of the papers was again demanded of him, he repeated the refusal to deliver them, and attempted both to avoid the personal approach of Colonel Butler and Dr. Bronaugh, and to exhibit a resistance by force of arms to the execution of the Governor's order. And it is not a little remarkable, that among the persons who ap- peared thus arrayed against the authority of the United States, to accomplish the denial and removal of the papers, was a man against whom the most important of those papers were judicial decisions of Governor Callava himself, in behalf of the orphan children, for the establishment of whose rights they were indispensably necessary, and at whose application they had been required. [ 86 ] 38 Standing; thus, in open defiance to the operation of the law, Colonel Callava was taken before the Governor; and there refusing to an- swer the iiileirogatories put to him, and assertinj^ tlic groundless pretensicui of answering only as a comniissioncr, and by a protest ag:>inst the acts of the Governor, lie wa«, by his order, rommitted to prison, until the documents should l)e delivered to the Alcalde. On the next day, a seaicli warrant for the jjajjers was issued by the Go- vernor, upon which they were actually obtained, and directed to be delivered to the Alcalde; whereupon, Colonel Callava was inunedi- ately released. In all these proceedings, you will perceive, sir, that not one act of rigor, or even of discourtesy towards Colonel Callava, was anllif)- rized by Governor Jackson, which was not indispensably necessitated for the maintenance of his authoiity, and the discharge of his ollicial duty, by the unjustifiable and obstinate resistance of colonel Calla\a himself. On a review of the whole transactions, I am instructed by the 'Pre- sident of the United States to say, that he considers the documents in question, as among those which, by the stipulation of the treaty, ought to have been delivered up, with the province, to the authoi ities of the United States; that they were, on the 22d of August, w hen in the possession of Domingo Sousa, within the jurisdiction of the Unit- ed States, and subject to the contr'ol of their Governor, acting in his judicial capacity, and liable to be compulsively produced by his order; that the removal of them from the possession of Sousa, after the Governor's order to him to deliver them had been seived upon him, could not withdraw them from the jurisdiction of Governor Jackson, and was a high and aggravated outrage upon his lawful au- thority; that the imprisonment of Colonel Callava was a necessary, though by the President deeply regretted consequence, of his obsti- nate perseverance in refusing to deliver the papers, and of his un- founded claim of diplomatic immunities, and irregular exeicise even of the authorities of a governor of Florida, alter the authority of Spain in the province had been publicly and solemnly surrendered to the United States. That the documents were of the description of those which the treaty had stipulated should be delivered up with the province, is ob- vious, from the consideration of their character. They related to the property of lands in the province. They were judicial records, directly affecting the rights of persons remaining in the province; rights which could not be secured without them; rights over which the appellate tribunal of the governor of Cuba, to which Colonel Cal- lava proposed to remove the papers, thenceforth could have no au- thority or control, they having become definitively subject to the ju- risdiction of the United States. The only reason assigned by Colo- nel Callava for the pretension to retain them, is, that they related to the estate of a deceased Spanish officer, and had thereby been of the resort of the military tribunal. But it was for the rights of the liv- ing, and not for the privileges of the dead, that the documents were 39 [ S6 ] to operate. Tlie tribunal of the captain general of Cuba could nei- tlier need the ))ioduction of the papers, nor exercise any authority over the subject-matter to which tliey related. To have transferred to the island of Cuba a question of litij^ated property, concerning land in Floiida, between persons, all of whom were living, and to remain in Florida, would liave been worse than a mockery of justice. Indeed, Mr. Salmon, in his note, appears to have been aware of the weakness of this allegation, declines the discussion of the question; and in justification of the refusal of Colonel Callava to deliver uj) the documents, merely rests its defence upon the plea, that the papers had not been demanded of Iiim offidnlly. It has been seen, that Co- lonel Callava had no official charactei* which could then exempt hiin frcuii the compulsive process of the governor. But Mr. Salmon al- leges that the Spanish constitution, as well as that of the United States, separates the judicial from the executive power exercised by the governor or captain general of a province. Neither the constitution, nor the laws of the United States, ex- cepting tliose relating to the revenue and its collection, and to the slave trade, had at that time been extemled to Floi-ida. And as lit- tle had the Sj)anish constitution been inti-oduced there, in point of fact, howevei* it might iiave been proclaimed. But, be this as li may, the cause, in relation to which the documents required in the case of Vidal had been drawn up, and weie needed, was one of those Nvhich. under the Spanish constitution itself, remained within the juiisdiction of the governor. This is declared by Colonel Callava himself, in the third observation of the appendix to his protest, trans- mitted with the letter of Mr. Salmon. It is the reason assigned by bim for having withheld those documents from the Alcalde. And one of them w as a judgment rendered by Colonel Callava himself, after the time wlien the proclamation of the Spanish constitution in the province is alleged to have been made. The cause, therefore, was, on every hypothesis, within the jurisdiction of the governor; the papers were indispensable for the administration of justice in the cause; and when once applied for, by a person entitled to the benefit of them, it was the duty, the inexorable duty, of Governor Jackson to put forth all the authority vested in him, necessary to obtain them. Nor less imperative was his obligation to punish, without respect of persons, that contempt of his jurisdiction, which was manifested in the double attempt of Colonel Callava to defy his power, and to evade the operation of its process. With I'egaid to tiie proclamation of General Jackson, of the 29th of September, commanding several Spanish ollicers, who, in viola- tion of the stipulation in the treaty, had remained at Pensacola, after thr expiration of tiie six months from the day of the ratification of the treaty, to withdraw, within four days, from the Floridas, whicli forms the subject of complaint in your letter of the i 8th of Novem- ber, it might be sullicienf^ to say, that it did no more than enjoin up- on those oliicers to do that which they ought before, and without any injunction, to have done. The engagement of the treaty was, that [86] 40 they should all have evacuated the province before the 22d of Au- gust. If they remained there after that time, it could only be as i)rivatt individuals, amenable in every particular to the laws. Even this was merely an indulgence, which it was within the competency ol General Jackson at any time to have withdrawn. From the extract of a letter from him, of which I have the honor of enclosin;^- a copy, it will be seen, that he was far from being disposed to witinlraw it, had they not, by their abuse of it, and by open outrages upon his authority, forfeited all claims to its continuance. This extract furnishes a satisfactory an^swer to your question, why, if the fulfilment of the article was the object of tiie proclamatiofi, it was confined to the eight officers, by name, and not extended to all other Spanish officers in the Floiidas. It was because the deport- ment of the others was as became them, decent, respectful, and friendly towards the government, under the protection of which they were permitted to abide. In the newspaper publicatioii, which gave rise to the proclamation of General Jackson, the Spanish offi- cers avowedly acted, not as private individuals, but as a distinct body of men, speaking of Colonel Callava as their chief , their sapc- rior; and arrogating to themselves, as a sort of merit, the condescen- sion of knowing what was due to a government (meaning the Ameri- can government) which was on the most friendly footing with theii own. This is language which would scarcely be pif)per for tlie am- bassador of one nation, upon the territory of another, to which he would owe not even a temporary allegiance. From persons situated as those Spanish officers were, it was language of insubordination and contempt. In alluding to the fact, that officers of the American squadron, in the Mediterranean, are sometimes received with friendly treatment on the territories of Spain, to make a case parallel w ith the present, it would be necessary to show, that some suj)erior officer of the said squadron should, while enjoying the hospitality of the Spanish na- tion upon their shores, first attempt to evade and to resist, tlie ope- ration of process from the constituted judicial tribunals of the coun- try, and then pretend, as an American officer, to be wholly independ- ent of them; and that some of his subalterns should not only counte- nance and support him in these attempts, but should affect to consider him, while on Spanish ground, as their only superior and chief, and by unfounded and inflammatory publications in the daily journals, to rouse the pebple of Spain to revolt and insurrection against the judi- cial tribunal of their own country. If the bare statement of such a case would be sufficient to raise the indignation of every honorable Spaniard, let it be observed, -that even this would be without some of the aggravations of the conduct of these Spanish officers at Pensacola. For such outrage would be far less dangerous, committed against old established autho- rities, which might rely upon the.support of tlie whole people sur- rounding them, than in the presence of a peo])le, whose nllegiance 41 [ 86 ] had been but just transferred to a new government, and wiien the revolt to whirh they wore stiiiuihitcd, would seem little more tlmn obedience to the authorities to which they had always been accustom- ed to submit. The very power which the Spruiish governor and officers had ex- ercised betbre the surrender of the province, ought to have been a most urgent warning to them to avoid every semblance of authority in themselves, or of resistance to that of the United States, after the transfer of the province had been completed. In forbearing particularly to reply to that part of your note, in which you think youi'sclf authorized to pronounce the chai-ge of Ge- neral Jackson against these Spanish officers, of having attempted to excite discontent in the inhabitants, false, I shall barely express the hope, that the term was admitted into your communication inadver- tently. The conduct of the officers, at the time of Colonel Callava's conflict with the authoiity of the governor, as well as in their insulting newspaper i)ubiication, was of a character and tendency too strongly marked, to leave a dcmbt of the truth with which it is described in Ge- neral Jackson's proclamation, and in passing unnoticed this and other mere invectives against an officer, whose services to this nation have entitled him to their highest regard, and whose v^ hole career has been signalized by the purest intentions and the most elevated purposes, I wish to be understood as abstaining from observations, whicli, how- ever justified by the occasion, could but add to the unpleasantness of a discussion already sufficiently painful. That this conduct on the part of the Spanish officers was highly re- prehensible, cannot reasonably be denied, and had General Jacks