Relations with Spain. going to Tombigbee, but in reality to Galveston, them a confirmation of the amicable sentiments is now receiving, at the former place, a consid- of this Republic towards his monarchy. erable number of recruits, and large supplies of I renew to you the assurances of my respects, military stores from the ports of New Orleans, and pray God to preserve you many years. Charleston, Savannah, and others within this LUIS DE ONIS. Republic; from whence they proceed in small parties to Galveston, and thus elude the vigilance of the Government. From the period at which (namely, on the 6th of September last) I announced to you the preparations for this expedition, referring for its unquestionable certainty to the plan communicated to this Government by the Minister of France, which offered the most indubitable proof that Joseph Bonaparte was at the head of it, with the rash project of being crowned King of Mexico, I have relied on your assurances to the same Ambassador, and which were forthwith communicated by him to me, that the most effectual measures had been taken by the Government to prevent its execution. But, perceiving that this expedition daily takes a greater consistence, and that the recruiting and supplies, clandestinely sent from this Republic are not put a stop to, I can no longer refrain from again calling your attention, and, through you, that of the President, to the enormous abuse of the hospitality offered by this Republic, on the part of Joseph Bonaparte and his adherents, with a view to disturb the tranquillity of Europe, and especially that of the possessions of the King, my master. Don Luis de Onis to the Secretary of State, SIR: At my passage through Baltimore, on my way to Philadelphia, it was represented to me by his Catholic Majesty's Consul for the State of Maryland that there were then in that port four pirates or privateers, if you please so to call them, namely, the "Independencia del Sud," Captain Grennolds; the "Pueyrredon," alias "Mangore," Captain Barnes; the "Republicano," Captain Chase; and the schooner "Alerta," Captain Chaytor. These pirates, denominated privateers or vessels of war of the pretended Government of Buenos Ayres, have entered the port of Baltimore for the purpose of dividing the spoil resulting from their depredations on Spanish commerce, and of refitting and arming to renew these excesses on the high seas. It is a matter of universal notoriety at Baltimore that three of the above-named vessels were fitted out there, and the fourth is a schooner captured by them from Spanish subjects. It is no less so that their commanders and the greater part of the crews are American citizens, and that there is scarcely a single individual belonging to Buenos Ayres to be found among them. I would have considered myself dispensed from the necessity of again pressing this subject on your attention, if it had appeared possible for Whoever has read the so-called constitution of me to restrain these armaments by the employ- the provisional laws existing at Buenos Ayres, ment of judicial means; but, unfortunately, the (for there is nothing there but what is provisact of Congress of the 20th April last for preserv-ional,) must know that no vessel of the rebels ing neutrality with foreign nations, and others already in force, although highly judicious, are easily eluded; and although these practices are public and notorious throughout the whole Union, His Majesty's Consuls advise me that, through a deficiency of evidence, they cannot be retained by a regular application of the law. can sail under their flag unless the captain and one-half of the crew be natives of that country; and that no foreigner can be naturalized there till after five years' residence. I submit to your judgment, sir, whether on such grounds the vessels in question can be admitted to be Buenos Ayrean privateers, or whether the American capConvinced, however, as I am, that nothing is tains and crews that man them, commissioned or more remote from the intention of the President not by that rebel Government, can be considered than to tolerate hostile expeditions within the as citizens of that country; and whether, agreeterritories of the Republic, directed against Pow-ably to the laws of nations and the existing treaty ers with which it is in a state of profound peace, between His Majesty and this Republic, they I cannot for a moment doubt that his excellency can be viewed in any other light than as pirates; will take into his most serious consideration and if it be possible for you to conceal from your what is due to the demand which I now make discernment that the captains and crews of these in the name of my Sovereign, that Joseph Bona- vessels have violated the laws of this Union in parte, the Generals Lallemand, and other French- perpetrating these atrocities to the dishonor of men now residing in this country, be compelled the American name. I repeat that I submit it to keep themselves within the bounds prescribed to your consideration to determine whether the by the hospitality and generosity with which prizes made by vessels under these circumstances they have been received, and prevented from con- ought not to be restored to their lawful owners, tinuing to organize expeditions for the purpose or that these persons ought to be indemnified by of invading the territory of His Catholic Ma- the United States, seeing that they have tolerated jesty, and disturbing the peace enjoyed by his such armaments in violation of their laws, of the subjects. laws of nations, and of the existing treaty between Spain and this Republic. I therefore hope that you will be pleased, sir, to inform me of the measures which may be taken on this subject, in order that, in communicating them to my Sovereign, His Majesty may see in I am aware, sir, that you will tell me that the courts are open to the recognizance of claims of this nature, and ready to apply the law to such Relations with Spain. cases as occur and are supported by suitable testimony; but I am under the necessary of declaring to you that it is in vain to seek such testimony, however clear it may be to everybody. I have remonstrated in the most pointed manner with His Majesty's Consul on his attention to points of so much importance; but he has proved to me that a great portion of the commercial people of Baltimore being interested in the cases which produce my present reclamations, no one is willing to come forward and offer testimony against what is termed the general interest; and thus the wise measures of Government are eluded, justice is paralyzed, and the suits procrastinated and deferred from court to court, with a view to deprive His Majesty's subjects of that justice which they have an undoubted right to seek in the tribunals on all their claims. Don Luis de Onis to the Secretary of State. BRISTOL, June 17, 1818. has been circulated through the medium of the ferent incursions and acts of hostility committed newspapers, and through private channels, of difwithin the territory of the Crown of Spain by divisions of the army under the command of General Jackson, destined, as it appeared, to purlieved until now that this information, although sue and chastise the Seminole Indians; but I beceeded from vague and unfounded rumors, as I constantly repeated and augmented, doubtless procould not persuade myself that such acts of violence and hostility could be committed by the United States against a friendly Power, and in the midst of the most profound peace. How was it possible to believe that, at the very moment of a negotiation for settling and terminating amicably all the pending differences between the two nations, and while Spain was exhibiting the most eminent and generous proofs of a good understanding, and the most faithful observance of all the United States should invade the Spanish the duties of good neighborhood, the troops of provinces, insult the commanders and officers of their garrisons, and forcibly seize on the military posts and places in those provinces? Notwithceived from the Governor of West Florida, constanding this, the official advices I have just refirm what I had conceived to be impossible. SIR: It is now some time since information Presuming that all I have stated is well known to you and to the President, I cannot but persuade myself that it is highly disapproved of; and I am entirely willing to believe that, if these abuses are not remedied, it is owing to a want of due attention to the execution of the orders of the Government; but my duty compels me to call the attention of the President to this important point, and to represent to him, through the medium of your department, that (as far as I have been able to ascertain) the vessels in question, in addition to their object in coming hither, for the purpose of conveying to the parties interested at Baltimore the proceeds of their spoliations on the Spanish commerce, and, among others, that of General Jackson and his officers have made the Philippine Company's ship Triton, to the demands on the Governor of that Spanish provamount of a million and a half of dollars, cap-ince in the most unbecoming and insulting tone; tured by the pirate "Independencia del Sud," and carried to Buenos Ayres to be sold there, have a project in fitting out anew, and of attacking some possession of the King, my master, on this continent, to which they may more easily send their prizes; that these same privateers have brought in two Spanish prizes, which are at this moment in the port of Baltimore, one of them a vessel belonging to the royal navy. I therefore demand, in the name of the King, my master, the restoration of those prizes, as having been made by American citizens and vessels fitted out in this country, in violation of the existing treaty between the two Powers; and that the sailing of the said privateers be stopped, and they compelled to give security for the result of an expedition, of which, without knowing positively that they intend to execute it, I have the strongest ground for presuming they mean to do. I therefore hope that this subject will receive all the attention which I claim, and that you will be persuaded that, in taking the liberty to trouble you with it, it is because I have no other recourse, as I have in all other cities of the Union, where the officers of the Government afford the requisite attention to the reclamations of His Majesty's consuls, and the citizens are disposed to offer the necessary testimony in support of justce and the maintenance of the laws. I seize this occasion to renew, &c. LUIS DE ONIS. they have in different places violated the Spanish territory and its waters; they have committed enormous vexations, unexampled in history. With considerable force they fell upon the fort of St. Mark, and compelled the Spanish garrison to surrender prisoners of war; they took possession of that fortress, with all the artillery, warlike stores, and effects, without drawing up an inventory of the same, and have extended their military possession over the bay of St. Mark and the adjacent country. In speaking of the conduct of the American General and his officers, I confine myself to what relates to the act of hostility and violence committed within the territory of the Crown of Spain, to the violation of peace, and the forcible occupation of the aforesaid country and fort. Under the pretext of making war against the Indians on complaints or motives which have neither been communicated to the Governor of those provinces, nor to the Captain General of the island of Cuba, who is also Governor of them, nor to any other Spanish officer or public functionary, the dominions of East Florida have likewise been invaded, and the Spanish territory entered as if it was an enemy's country; in fine, General Jackson has omitted nothing that characterizes a haughty conqueror but the circumstance of adding to these monstrous acts of hostility the contradictory expressions of peace and friendship with Spain. Relations with Spain. I therefore find myself under the necessity of protesting strongly and solemnly, as I now do, in the name of the King, my master, against the invasion of the Floridas, and against the taking possession of the fort and bay of St. Mark by the troops of this Republic; and I request you, sir, to lay before the President this my protest, in full confidence that his excellency will cause things in both the Floridas to be reinstated and placed in statu quo; the fort of St. Mark to be delivered up to the Spanish commandant, together with all the ordnance, warlike stores, and effects found in that fortress; and all damages and injuries caused in the Floridas by the officers and troops of this Union to be fully indemnified and compensated. In the meantime, I repeat this most solemn protest in the name of my Sovereign, all which I shall duly communicate to His Majesty in the discharge of my duty. I trust, sir, that you will be pleased to acknowledge the receipt of this note, and inform me of the resolution taken by the President thereon. In the meantime, I renew the expressions of my particular respect, and pray God to preserve you many years. LUIS DE ONIS. Don Luis de Onis to the Secretary of State. BRISTOL, June 24, 1818. SIR: In the National Intelligencer, which is considered in this country as the Government paper, I have seen the publication of the attack, assault, and capture of the place of Pensacola by the American troops under the command of General Jackson; which publication is repeated in other papers of the Union, and of which I have yet seen no contradiction, either in the Government paper or in any other. Notwithstanding which, the fact appears to be so improbable, from its very enormity, that I cannot but think the publication has originated in some ill-founded rumor, and, under this impression, I have deferred proceeding to the Federal city, in the hope that some light might be thrown upon what has really taken place; but as I have yet received no official advice from the Governor of Pensacola, or any other Spanish authority upon this point, and as the publication in the Government paper is still circulating extensively, I cannot avoid applying to you, sir, and requesting that you would be pleased to inform me, in a positive, distinct, and explicit manner, what has occurred in this matter, together with all the circumstances relating to it. I await your answer on this subject, as well as that in relation to my protest and reclamation concerning the seizure of the fort and bay of St. Mark, to which you have not yet been pleased to reply. I use this occasion to renew, &e. LUIS DE ONIS. Don Luis de Onis to the Secretary of State. WASHINGTON, July 8, 1818. SIR: The article published in the National In telligencer, and reprinted in other papers of the Union, referred to in my late letter written at Bristol, has unfortunately been confirmed. General Jackson, with the American forces under his command, has not only violated the Spanish territory under the pretext of pursuing and chastising the Seminole Indians, but he has taken possession by force of arms, of the fort and bay of St. Mark, driven the Spanish garrison from those places, and sent them as prisoners to Pensacola, the capital 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 Barancas, 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 Governor, with all his people, were made prisoners of war, and were sent off, as it appears by the American General, to Havana, who proceeded to extend his authority over the whole of West Florida, by hoisting on its forts the flag of the United States. Thus has peace been violated, and rights trampled under foot, which have hitherto been held as most sacred and inviolable by all nations. These facts need no comment; they are notorious, and speak for themselves: their enormity has filled even the people of this Union with wonder and surprise, and cannot fail to excite the astonishment of all nations and Governments. The American General can have neither pretext nor subterfuge, of which he can avail himself, to give the least color for this invasion and excessive aggression, unexampled in the history of nations. Whatever pretexts may be resorted to, to mislead and impose on the vulgar, will be frivolous, contradictory, and falsified by the very course of events, public and notorious. It cannot be supposed that the Indians, against whom the American commander directed his operations, received protection in Florida. They never received either favor or protection from the Spanish authorities, either within or without the territory under their jurisdiction. It is notorious that several atrocious offenders and ringleaders of the South American rebels have repeatedly taken refuge within the limits of this Republic, when, being pursued by His Catholic Majesty's troops, they were on the point of falling into their hands. No one can be ignorant that the asylum granted to the unfortunate in cases of this nature has ever been respected by all civilized nations, not one of which ever took up arms to go and tear them from the foreign territory in which they had found an asylum, and still less to invade and take possession of such territory, in violation of an existing peace, and in contempt of all the laws and sacred prin Relations with Spain. ciples on which the mutual security of independent States reposes; but it is superfluous to insist on venerable truths and axioms, which form an essential part of the law of nations, inasmuch as the cases to which I refer do not occur to require their application. The Governor of Pensacola had conducted himself with the most scrupulous circumspection, to avoid giving the slightest ground of complaint to General Jackson, his officers, and troops. Neither he nor the Governor of East Florida was notified of the war against the Seminole Indians, nor were they informed of the just causes of that war; nor was any call made upon them to seek and punish those Indians in case of their having committed aggressions upon the lands or citizens of this Republic. Notwithstanding the total omission of all this, which was to have been expected as a regular and necessary consequence of the stipulations of the existing treaty, the aforesaid Governor granted no favor to the Indians, but forbade them to enter the Spanish territory; and when a small number of them came to Pensacola to receive the annual presents, the Governor allowed only a few of them to enter the place, without their arms, and immediately after dismissed them. He further took every necessary precaution to prevent their being supplied with arms and ammunition within His Majesty's territories. These facts being of public notoriety, and impossible to refute, there can be no excuse, pretext, or subterfuge offered to palliate a series of such unheard of outrages. I refrain from entering into a minute detail of the particular excesses committed by the American commander, his officers, and troops. On taking a view of them, it would be inferred that the war against the Indians has been merely a pretext for General Jackson to fall, as a conqueror, upon the Spanish provinces, unprovided as they now are, and reposing in perfect security, for the purpose of establishing therein the dominion of this Republic upon the odious basis of violence and bloodshed. I confine myself, for the present, to the scandalous capture of the fort and bay of St. Mark, and to the attack and occupation of Pensacola and Barancas, by the American commander, who, carrying his military measures to their utmost extent, has reduced the whole of West Florida, driven off the Spanish Governor, troops, military and civil officers, and established, in their room, the laws and authorities of this Republic. | is at an end." I observe, too, that, in your official correspondence, you have given me assurances of the pacific views of your Government, and of the sincere desire of the President to preserve friendship and good understanding with the Government of Spain. Under these fortunate auspices, the most profound peace has subsisted between the two nations, to cultivate which has been the constant endeavor of His Catholic Majesty; and, at the same time, to give generous proofs of his high esteem, distinguished consideration, and perfect friendship for the United States, negotiations have been entered into with a view to terminate the existing differences between the two Governments to their mutual satisfaction; and the President will assuredly have been apprized of the generosity and frankness displayed by His Majesty in everything connected with the wishes manifested by this Republic, as far as the same have been compatible with the honor of his Royal Crown. All these circumstances impress me with the belief that General Jackson has acted contrary to the orders of the President, tarnished the American name, and committed the reputation of his Government in the face of the universe. It is, therefore, my duty to protest, and I do hereby solemnly protest, in the name of the King, my master, against these public acts of hostility and invasion; and I demand, through you, of the President, in the name of my Sovereign, the prompt restitution of the fort and bay of St. Mark, also of Pensacola, Barancas, and other places in Florida, violently attacked and wrested from the Crown of Spain by the forces under General Jackson, in the midst of peace and the most positive assurances of friendship and harmony. In like manner, I demand the faithful delivery of all the artillery, warlike stores, and property, both public and private, taken at Pensacola, and other forts and places taken possession of by the American commander; indemnity for all the injuries and losses sustained by the Crown of Spain and the subjects of His Catholic Majesty in consequence of this act of invasion, and a satisfaction proportioned to the enormity of these offences; together with the lawful punishment of the General and the officers of this Republic by whom they were committed. I therefore hope that the President, penetrated with indignation by acts of such enormity, will immediately comply with my demand, founded on such strict justice; and I impatiently await I am persuaded that the Government of the your answer to this note, which will communiUnited States cannot have authorized this hos- cate the resolution of the President for my intile, bloody, and ferocious invasion of the domin-formation, in order that I may transmit the same ions of Spain; and in this belief I only do justice to my Government with all requisite despatch. to its humane feelings, and the enlightened and In the meantime, I renew the assurances of upright principles which govern its policy. In my distinguished consideration and respect, and the President's Message to Congress of the 25th I pray God to preserve you many years. of March last, I observe that "orders have been given to pursue and chastise the Seminole Indians; and that if, in the course of the war, it should be necessary to enter the Spanish territory, the authorities of Spain are to be respected, and the territory evacuated the moment the war LUIS DE ONIS. Don Luis de Onis to the Secretary of State. BRISTOL, July 21, 1818. SIR: With a view to avoid any delay in trans Relations with Spain. mitting to my court official information of the events which have occurred in Florida, I have despatched to Madrid the courier I spoke to you of; and I greatly regretted that it was not in my power to forward, by the same opportunity, the answer of your Government to the reclamations and protests which, in the name of my Sovereign, I have presented to you, on the invasion and occupation of West Florida by the American army under General Jackson. I have stated to my Government that I would send the said answer the moment I received it; and as one of the gentlemen attached to this legation will embark for Spain in a few days, I request you will be pleased, sir, to hasten your answer to my last note, that I may transmit it by this conveyance to the Government of the King, my master. You must be aware of the expediency of a prompt and categorical answer; Spain expects it will not be delayed; and all the Powers await it, in expectation of those eclaircissemens which are claimed by the laws of nations, in consequence of an act of hostility enormous in itself, and incalculable in its consequences. I momently await your answer, and in the meantime I seize this occasion to renew to you the assurances of my most distinguished consideration. God preserve you many years. LUIS DE ONIS. The Secretary of State to Don Luis De Onis. DEPARTMENT of State, Washington, July 23, 1818. SIR: I have had the honor of receiving your letters of the 24th June and 8th instant, complaining of the conduct of Major General Jackson in entering West Florida with the forces under his command, taking the Spanish posts of St. Mark and Pensacola, &c. unrelenting, and exterminating character of Indian hostility is also well known to you; and, from the peculiar local position of these tribes, it was obvious that there could be no possible security for the lives of the white inhabitants of those borders, unless the United States and Spain should be reciprocally bound to restrain the portion of the Indians respectively within their territories from committing robbery and butchery upon the citizens and subjects of the other party. So forcibly was the necessity felt by both, that in the fifth article of the treaty of 27th October, 1795, the following remarkable stipulation is contained: "The two high contracting parties shall, by all the means in their power, maintain peace and harmony among the several Indian nations who inhabit the country adjacent to the lines and rivers which, by the preceding articles, form the boundaries of the two Floridas; and, the better to obtain this effect, both parties oblige themselves expressly to restrain by force all hostilities on the part of the Indian nations living within their boundaries; so that Spain will not suffer her Indians to attack the citizens of the United States, nor the Indians inhabiting their territory; nor will the United States permit these last-mentioned Indians to commence hostilities against the subjects of His Catholic Majesty, or his Indians, in any manner whatever." Notwithstanding this precise, express, and sol emn compact of Spain, numbers, painful to recollect, of the citizens of the United States inhabiting the frontier-numbers, not merely of persons in active manhood, but of the tender sex, of defenceless age, and helpless infancy, had at various times been butchered, with all the aggravation and horrors of savage cruelty, by Seminole Indians, and by a banditti of negroes sallying from within the Spanish border, and retreating to it again with the horrid fruits of their crimes. Without recurring to the long standing and At a former period the Governor of Pensacola heavy causes of complaint which the United had been called upon, by letter from Major GenStates have had against Spain; to the forbear-eral Jackson, conformably to the stipulated enance with which they have been borne, without gagement of Spain and to the duties of good despairing of obtaining justice from her by ami- neighborhood, to interpose by force and break cable means; to the efforts equally unceasing and up a stronghold of which this horde of savages unavailing which they have made to obtain that and fugitive slaves had possessed themselves on justice; or to the extraordinary delays by which the territory of Florida. The answer acknowlit has been protracted and is still withheld, it is edged the obligation, but pleaded an incompethought proper on this occasion to call your attency of force for its fulfilment. Copies of these tention to a series of events which necessitated and justified the entrance of the troops of the United States upon the Spanish boundary of Florida, and gave occasion to those transactions of the commander of the American forces against which you complain. It cannot be unknown to you that, for a considerable time before the Government of the United States issued the orders for military operations in that quarter, the inhabitants of their frontier had been exposed to the depredations, murders, and massacres of a tribe of savages, a small part of which lived within the limits of the United States, far the greater number of them dwelling within the borders of Florida. The barbarous, important documents are herewith transmitted to you; and it may be within your knowledge and recollection that the orders and the competent force which Governor Zuniga stated in his letter that he had solicited from his Governor General, and without which he declared himself unable to destroy this fort, created upon Spanish territory for the purposes of united civilized, and savage, and servile war against the United States, were never furnished; and that the United States were finally compelled to accomplish its destruction by their own force. The permanent and unvarying policy of the United States, with regard to all the Indian tribes within their borders, is that of peace, |