general. Neither government understood them as amounting to a change of the amicable relations which existed prior to these occurrences, and which it was their mutual desire to preserve. Spain demanded a restitution of the posts in the possession of the American troops; they were ordered to be restored; Pensacola unconditionally, and St. Marks on the appearance of an adequate force to protect it from the savages. The Spanish minister, in the name of his master, also demanded the punishment of general Jackson; he was told that the President would "neither inflict punishment, or pass a censure" on the general, for conduct which found its justification in the perfidy and duplicity of governor Masot, and the officers of his catholic majesty, in Florida. We, on our part, demanded the punishment of these Spanish officers; they have neither been punished, nor their conduct formally investigated. Thus the affair has terminated, to the satisfaction of both parties, so far as it is essential to the preservation of peace between the two countries. It did not originate in a disposition to produce a rupture with Spain, either on the part of the President or of general JackPizarro blustered for a while; published his protest; interdicted all further communications with this government until proper explanations were made, and submitted the matter to the Congress of Aix la Chapelle; hoping to excite the sympathy of the allied sovereigns, and to obtain their interposition in behalf of Spain. He, however, in a few days, so far subdued his resentment, as to resume his usual correspondence and intercourse with Mr. Erving, our minister at Madrid. The Congress of Aix la Chapelle expressed no opinion on the subject, and Don Onis, the minister of Ferdinand at this place, has never for a moment ceased to fulfil his functions, without the smallest interruption; and so little was the respect which he paid to the letter of Pizarro, suspending further communications with the American government, that he did not think it worthy of being officially made known to the secretary

son.

of state. He places the vindication of his master on ground totally different from that assumed in this House by those who defend his cause, in attempting to censure the conduct of general Jackson. He says, in a letter to Mr. Adams, of the 8th of July, 1818: "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."

Speaking of the governor of Pensacola, he alleges, that he took every necessary precaution to prevent the Indians being supplied with arms and ammunition within his majesty's territory. These facts being of public notoriety, and impossible to refute, there can be no excuse, pretext or subterfuge, offered for a series of such unheard of outrages." And, sir, this is the true and only basis on which to rest the slightest charge against the proceedings of general Jackson. It is a question of fact; and if Don Onis speaks the truth, in saying that the Indians received neither favor nor protection from Luengo or Masot, and that every thing was done in their power to prevent their being supplied with arms or ammunition, and that it is impossible to refute these facts-then I say with him, that the American commander was censurable, and ought to be brought before a general court martial. But, unfortunately for the Don, the evidence is all on the other side; and these facts, which he says "it is impossible to refute," are contradicted even by the officers themselves, whom he thus boldly defends. I contend, therefore, on the authority of the Spanish minister himself, that, the proof being against him, the conclusion fails and general Jackson stands acquitted by Spain of all blame or censure for his occupation of St. Marks and Pensacola. The chevalier Onis will not stoop so low, as to put the issue of the controversy on the wiredrawn theories, and ingenious sophistry, with which he

has been so generously supplied by honorable gentlemen who have participated in this debate. He takes the high and imposing attitude of facts, from which he deduces the innocence of the colonial authorities in Florida, and the consequent guilt of the American commander; and surely he ought to be allowed to shape the defence of his own immaculate master. On that ground I am content to submit the case to the decision of an impartial world. Sir, if the United States have been precipitated into hostilities with Spain, by general Jackson, and the constitutional powers of Congress, in that respect, have been usurped, by whom has the war been recognized, and where are its effects to be seen or felt? Spain has given no evidence of a belief on her part that she is at war with us, or that she contemplates becoming so. We have disavowed all hostile intentions towards her. She has a minister resident at Washington, who is treated with every respect due to his rank, and who is now employed in the interesting duty of forming a treaty on the subjects which have so long remained unsettled between his sovereign and this country. We also have a minister of equal rank and dignity at Madrid, who receives there the most polite attention. No armies are in the field; no fleets on the ocean; no appropriations required to carry on the war; but it is nevertheless the foundation upon which the whole argument of the advocates of these resolutions is built: and all the dreams of our violated constitution, with which we have been amused for the last three weeks, are predicated on this visionary war, which honorable gentlemen imagine to exist, for the sake of the argument, but which neither of the feigned belligerents acknowledge, and which is carried on without men, money, or ships, while both nations are under the singular delusion, that they are in a state of profound peace! I have heard, sir, of wars in the moon, and I presume this must be one of that description.

Mr. Chairman, I think it must be manifest to every

candid mind, disposed to look at these events with an impartial eye, that no act of war has been committed against Spain: that none was ever intended: that our relations of amity with that nation have undergone no change and that general Jackson has been most unjustly charged with a violation of the constitution of his country. The total neglect of Spain for the last ten years to maintain her authority in Florida, and the facilities which it affords to our enemies, has compelled the government of the United States to consider that territory open to our arms whenever the public safety required that they should be sent there; and the Spanish government has no just right to complain of treatment which her own negligence and imbecility has imposed on us as a duty, in self-defence.

Permit me, sir, to call the attention of the committee to a measure which was adopted during the administration of President Madison, relating to that part of Florida which lies west of the Perdido, and which we claimed under the cession of Louisiana. Spain was in possession of the country, and contested our claim; a special mission had been sent to Madrid to negotiate a treaty of limits with that government. and the effort to effect that object was unsuccessful. Pending this question of title between the two governments, in the year 1810, Mr. Madison issued a proclamation annexing the disputed territory to the present state of Louisiana, then the territory of Orleans. That proclamation is in the following words:

"Now be it known, that I, James Madison, President of the United States of America, in pursuance of these weighty and urgent considerations, have deemed it right and requisite, that possession should be taken of the said territory, in the name and behalf of the said United States. William C. C. Claiborne, governor of the Orleans territory, of which the said territory is to be taken as part, will accordingly proceed to execute the same, and to exercise over the said territories the authorities and functions legally appertaining to his

office; and the good people inhabiting the same are invited and enjoined to pay due respect to him in that character: to be obedient to the laws, to maintain order, to cherish harmony, and in every manner to conduct themselves as peaceable citizens, under full assurance, that they will be protected in the enjoyment of their liberty, property and religion."

To carry the power vested in him into effect, governor Claiborne was authorized to call in to his aid the regular troops of the United States on the Mississippi; and, if these should be deemed insufficient, to call out the militia of the Orleans and Mississippi territories, and to take forcible possession of the territory, if resistance should be made. The order was executed. The laws of the United States were extended to the country, by virtue of this proclamation, and at that time, and for more than one year afterwards, a Spanish garrison remained at Mobile. This step was taken but a few weeks before the meeting of Congress, and communicated to both Houses at the opening of the session. An interesting and animated debate arose in the senate on that part of the President's message. Parties were then marshalled; the opposition to administration was systematic and uniform; and its friends were equally so. The proceeding was denounced as an unauthorized act of war on Spain; as a usurpation, by the executive, of the power vested alone in Congress, to declare war. The constitution was said to be violated; the country menaced with all the horrors of war, both by England and Spain. The arguments, used on that occasion by the old federal party, bear a strong resemblance to those which we have heard on the present occasion, from the friends of these resolutions. I listened, sir, with great pleasure, to a very able and eloquent speech delivered by the honorable Speaker, then a member of the senate, in the defence of this executive measure. He received my thanks, and, I have no doubt, the thanks of the nation, for the unanswerable and lucid views 23

VOL. III.