Spain-Delivery of the Floridas.

part have been, or shall be, spared to give complete
effect to objects of such national importance.
I am, with great respect, sir, &c.

JAMES G. FORBES.
Commissary and Agent of the U. S.
His Ex'cy Major General A. JACKSON.

Mr. Forbes to Mr. Adams.

HAVANA, May 9, 1821. SIR: The message from the Governor, to which I had the honor of referring in my letter to you under date of the 7th instant, was found, on its delivery to me, to be nothing more than a proposal, through the commissary he is about sending, that "the Hornet should convey him to St. Augustine from Pensacola ;" to which I could not assent, not only because she had other duties to perform, or of the delay which that mode of transmission of the order would occasion, but because I perceived in it a digression (otherwise immaterial) from the plan agreed upon in a former interview, viz: "that I should be the sole bearer of the orders." I therefore replied that I should wait upon his Excellency; and, considering it opportune, I did this with Captain Read, to explain and to discover, if possible, the chance of getting away. We found him, as on a former occasion, much engaged and fatigued by his personal exertions to procure relief for the inhabitants of St. Antonio, a town just burnt. He was less affable than before; and although he mentioned, as then, that every thing was in a fair train, and that he would give me a duplicate order for East Florida, yet he adverted to the term allowed by the treaty, and said that there were a great many little things to do. After leaving his Excellency, I heard that a petition had been sent to him that day from Pensacola, expressive of the attachment of the inhabitants to the Spanish Government; and, upon soliciting lands in this island, stated "that a Judge of the United States, of much influence and talent, had come there with a trunk of British titles to lands in West Florida, with which he had pledged himself to upset all the grants by Spain since the treaty of

1783."

In consequence of this unexpected and very unpleasant duty, and the still greater apprehension of its continuance, I have determined to proceed this morning into the country to see the Intendant, and ascertain whether he has any thing to do with the archives, and obtain an order that the proper officers may attend to their immediate arrangement and delivery.

By the enclosed paper, just received, it will be seen that General Jackson was, on the 27th of April, at New Orleans.

Mr. Forbes to Mr. Adams.

HAVANA, May 14, 1821. SIR: Pursuant to the resolution I had formed, and which I had the honor of communicating to you in my letter of the 9th instant, I proceeded on that day to St. Antonio, about twenty-seven miles distant. An excessively hot ride, with bad horses, prevented me from waiting on the Intendant before the next day, when he received me very well, and assured me there would be no difficulty in the way of despatching me; that he would write to which would be sent him on the succeeding day, the city on the next day for the necessary papers, and that immediately after he would return them completed. Agreeably to this calculation, I ought to have the archives from the Intendancy on the 16th instant, and shall call for them on that day accordingly.

On my return to the city I waited upon the Governor, and was told by his interpreter that he was very much engaged, but that my business was progressing. I begged him to acquaint his Excellency of my intention to see him on Monday, (this day.) I went accordingly, and met at the door my colleague, the Spanish commissary, who assured me that every thing was ready, and would be signed (firmada) this day, and that we might go to-morrow or the next day. I congratulated him, as well as myself, upon the occasion, but was nevertheless determined to see his Excellency, which I did instantly.

I found him much occupied, and, after some preliminary conversation on the excessive heat, represented to him that we had been here a considerable time, that the hot and unhealthy season was fast advancing, and that I hoped he would despatch us. He replied, "in a few days." I asked, "how many?" and observed, that a vessel was about sailing for the United States in the morning, and that I wished to advise my Government when I was to go. He answered that he would give me said further, "Eh, bien, ecrivez que ce sera dans notice. The conversation being in French, he huit ou dix jours ou quinze." Upon his observing that I appeared surprised at such a distant period, after the various promises, or rather assertions he had made, he added, "J'ai besoin de quelques l'autre ; et d'ailleurs, je suis extrêmement pressé papiers de dehors, que peuvent venir d'un jour à de tout côté; un courier partant demain pour 'Espagne, c'est oblige de me lever tous les jours minuit: fort heureusement, je jouis d'une bonne à quatre heures du matin, et travailler jusqu'à

santé."

It was difficult for me to conceal my disap pointment; yet, if my business required any exertion, sensible of the perplexities of his situation tion of them, be more willing to ascribe the furand of his arduous duties, I should, on considera

There is in this port the Kangaroo, British brig of war, from surveying the Bahama and Florida keys: a vessel of that nation is generally here-Ither delay to them rather than to any secret infiuence, which it has not been in my power either to mean public. penetrate or detect.

I remain, with great respect, &c.

J. G. FORBES. Hon. J. Q. ADAMS, Secry of State.

I shall, on the sailing of the packet for Spain, if encouraged by an interview with the Intendant. address a note to his Excellency proposing to

Spain-Delivery of the Floridas.

Substance of a letter from Governor Mahy, of Havana, to Mr. Forbes, dated

MAY 16, 1821. That the Governor had observed Mr. Forbes's credentials from the President of the United States, dated at Washington, March 4, 1821, and which comprehend the second article of the Treaty of Friendship and Adjustment of Limits, concluded, 22d February, 1819, between the United States and His Catholic Majesty, in virtue of which the Spanish Minister at Washington had transmitted to the Governor the royal order for the due execution of the stipulations of that treaty; and that the President had authorized Mr. Forbes, as agent and commissary of the United States, to deliver to him (the Governor) the said royal order, to the end that they might, in concert, make arrangements for the delivering up by the Governor, and by such other persons as are in possession, of the archives and documents, as well as the fulfilment of the other stipulations of the said treaty.

Respecting East Florida, where there ought to be found all her archives, Governor Mahy would direct that Governor, as intrusted by him with the important commission, to make a formal delivery to Mr. Forbes of that province, as well as of the documents belonging to it. A similar despatch would be addressed to the commandant of West Florida.

Don Pedro de Alva, administrator of the post office in Pensacola, and comptroller of the military with the despatch for the delivery of West Florida, hospital, now returning to his post, will be charged and which despatch he is to put into the hands of that commandant, and afterwards he will proceed with the despatch for the commandant of the east

ern province.

Mr. Forbes to Mr. Adams.

HAVANA, May 22, 1821. SIR: By the letters which I had the honor of instant, you will perceive that I had entertained addressing to you, under date of the 14th and 17th great hopes of being despatched, and had relied upon the influence of the Intendant. Agreeably to that of the 17th, I had made an arrangement with Mr. Layalla, an eminent counsellor and friend of the Intendant, to urge his immediate attention to my earnest solicitations. In the morning he called at the office with that view, and we learned, to our mortification and grief, that the Intendant had received a paralytic stroke, which deprived him of his speech. Thus the hand of Providence had interfered to thwart my most sanguine expectations, as, on the succeeding day, the greatest human efforts were unavailing, and he died, much lamented by all Americans, to whom he was considered an invaluable friend.

I waited on the same day upon the Governor, and received his usual assurance that, as soon as the packet sailed, I should be despatched. The funeral, which was of great pomp and ceremony, I attended, and at which I exchanged a salute with the Governor; it engaged the public attention the whole of yesterday, so that on this day I presented myself to the successor of the Intendant, before whom the secretary placed the agenda papers relat

With respect to which, and to what is presented in the aforesaid second article, the Governor sends to Mr. Forbes the copy of the royal order communicated to the Government and Captain Generalship of Cuba, under date of the 12th of Sep-ing to the Floridas. They appeared to be few, and tember, 1783, by the Minister of the Indies of His Catholic Majesty, and by the Count de Aranda, at Versailles, dated the 19th of the same month and year, on which the ratifications of their Majesties, Catholic and Britannic, were exchanged, inserting in that royal order the articles five, seven, and ten, of the definitive treaty of peace, which were formed at Versailles the 3d of September; this being an authentic document found in the archives of Cuba, relative to the property of the Floridas, to which the said second article of the treaty of cession refers.

In the year 1819, there were sent to Havana from West Florida various boxes of papers of the archives of that province, in disorder, and without indexes, the registering (registrar) or examining of which will require time.

within a loose sheet, (chemise de bureau.) He inquired what had passed between the late Intendant and myself; upon hearing which, and upon my urging despatch, he said, "that the matter was new to him, and that he must require to-morrow or next day to investigate it." From thence I proceeded to the Governor's, and was informed that he was out soliciting, from house to house, subscriptions for the relief of the inhabitants of the burnt village of St. Antonio.

I was the more anxious to see his Excellency today, as the steam ship, by which this goes, offered a favorable opportunity of addressing you. I returned to the palace. The Governor, who appeared overwhelmed with business, apologised for keepir me so long, showed me some of the large packets made up for Pensacola, said they were

Spain-Delivery of the Floridas.

making copies, and that the day after to-morrow he hoped to give me free (franqueza.) I then reminded him of his promise to give me the duplicate order to send to East Florida; he told me that he had a merchantman. I proposed and urged, as most expedient, that I should forward it by an officer of the United States; to which he assented. I have, therefore, put in requisition, by letter to Captain Read, the United States schooner Nonsuch, Lieutenant Turner, now here, by which I propose to send the duplicate, under cover, to the commanding officer of the United States troops at Amelia Island, subject to such orders as you or General Jackson may transmit to him. I am, &c.

JAMES G. FORBES.

Hon. J. Q. ADAMS, Sec'ry of State.

Mr. Forbes to Mr. Adams.

HAVANA, May 23, 1821. SIR: The steamship Robert Fulton sailed yesterday for Charleston with the letter of that date, which I had the honor of addressing to you. Since which I have received one from the secretary of the Intendant, soliciting that I should carry to Pensacola ten thousand dollars, and as much to East Florida, to pay the troops; which sums would have been doubled under the late Intendant. I have answered that I would cheerfully do this if they would ship them without delay, say in equal sums, in the Hornet and Nonsuch. Captain Read is indisposed-I hope not seriously. I am, with the greatest respect, &c.

JAMES G. FORBES. Hon. J. Q. ADAMS, Sec'ry of State.

Mr. Forbes to Mr. Adams.

HAVANA, May 28, 1821. SIR: From the convention with the Governor, which I had the honor of detailing to you in my letter of the 23d instant, it was natural to suppose that on the 24th I would have been despatched.

the unavoidable detention, assuring me that, as Saturday was general post day, the day after Sunday, he would positively despatch me on the sueceeding day, (the present.) I could not but acquiesce. However, after learning in conference, that there would be no archives ready, I immediately, on retiring, addressed him the letter, of which a copy is enclosed, marked D, to which I have not yet received an answer in writing; but, on calling at the Governor's, was told it had been written, together with a copy of the orders to the sub-governors of the Floridas, but, on a revision, there was some expression which his Excellency thought proper to alter, and on which account it could not be handed to me before to-morrow, when I should positively be despatched. I hope, therefore, that, the money being on board, my next will be from the offing, and put in charge of Captain Turner, of the Nonsuch, who will forward it immediately to the United States, whither he is proceeding, after landing the Spanish Commissary and specie at St. Augustine, and after delivering my despatch to the commanding officer of the United States troops at Amelia.

I am, with the greatest respect, &c.

JAMES G. FORBES. Hon. J. Q. ADAMS, Sec'ry of State.

A.

The Captain General of Cuba to Mr. Forbes.
HAVANA, May 26, 1821.

SIR: I acknowledge the receipt of your official letter of the 24th current, in which, among various reflections which it contains, I am requested, as soon as possible, to complete the delivery of the Floridas. You can sufficiently testify my desires for the conclusion of this business, and in my last conference I showed that it would be in a few days after. Considering that the stipulation of the treaty grants six months for its completion, and three have already elapsed, as you mention, it does not depend upon delays on the part of this Captaincy General; and, desirous to give further proofs of the good intention of this Government in fulfilling the said royal order, I have nominated I waited upon his Excellency to remind him of the Auditor of War of the province of East Flor his promise, but he appeared to have forgotten it, ida, who is at present there with his license, and and again mentioned press of business, and the ought to be present at the delivery, to convey the term of "pocos dias," which became more fami- proper order to the Governor; in which underliar than reconcileable to me. He had just re-standing I should think that he might be conveyed ceived a letter from the Governor of Pensacola, which he showed me, stating an inquiry on the part of General Jackson as to the delivery of the province. The sub-governor, in forwarding the General's letter and his answer, asked for orders, which his Excellency was about sending, and offered to take any letters from me; but I replied that the best communication I could make to him would be in person. He remarked that he thought our General "avoit la tête montée."

in the vessel which you tell me would be destined for that service. Thus I have answered your said official letter.

I remain, with the highest consideration, and pray God to preserve you many years.

NICHOLAS MAHY.

B.

Mr. Forbes to Governor Mahy.

HAVANA, May 24, 1821.

I addressed the Governor the letter, a copy of which is herewith, marked B, to which I received, MOST EXCELLENT SIR: I have had the honor on the 26th, the answer, copy also, marked C; of receiving your Excellency's letter of the 16th upon the receipt of which, I called upon is Ex-instant, acknowledging the receipt by my hands cellency, and was met by an affable apology for of the royal order for the delivery of the Floridas

Spain-Delivery of the Floridas.

In the first interview, your Excellency was pleased to manifest a readiness to despatch me with the requisite documents in a few days, or as soon as the convoy for Spain had sailed, which was immediately communicated in corresponding terms to the President of the United States, who has relied, accordingly, upon its execution. Since then, a period of near five weeks has elapsed, during which every day has appeared to have in-ceiving your Excellency's letter of this date, increased your Excellency's avocations.

Spain-Delivery of the Floridas.

Mr. Forbes to Mr. Adams.

HORNET, OFF HAVANA, May 30, 1821. SIR: Since I had the honor of addressing you, on the 28th instant, I have received an answer from the Governor to my letter of that date, enclosing copies of his orders to the sub-governors of the Floridas, and declaring that the archives should be transmitted to the Government of the United States as soon as they were selected.

Immediately on reading the orders just referred to, I perceived that the sub-governors were directed to deliver the provinces to me; I therefore waited upon his Excellency, and requested that he would insert "to the constituted authorities of the United States;" to which he readily assented, but said, as the despatches were written, it would require a particular order, which he issued, and of which copies are herewith, together with those written under date of the 5th instant.

Order of the Governor General of Cuba for the delivery of the Floridas.

HAVANA, May 5, 1821. The time having arrived for beginning to take the necessary measures for the evacuation of West Florida, at present under your command, to make formal delivery of it to the authorized commissary of the Government of the United States, citizen James G. Forbes, within the space of six months, or sooner if possible, counting from the 22d of February last, the date of the exchange of the ratifications of the treaty formed between the two Powers, I have resolved to charge you with the execution of this important commission with the brevity and order which it demands, and for the good event of which I forwarded to you some preparatory instructions, which ought necessarily to have served to dispose each branch to have been arranged as an object so interesting demands. The Governor, who was exceedingly polite, in- You will have, therefore, to agree with the comvited Captains Read and Turner and myself to din-missary of the Government of the United States ner, at which I alone attended; and after which on the mode of transporting the troops, munitions, he gave the new instructions in relation to the de-effects, &c., according to the articles of the treaty, livery. He asked if I was now satisfied. I men- a copy of which I enclose, and which will give tioned a further wish that he had been more pointed to the Governors as to the period of evacuation, and urged the season as one which would expose the Spanish troops to much delay and inconveniHe said he knew, from General Jackson's character, that he was impatient, but that the treaty was of considerable importance, now happily and formally concluded; and he hoped that all regard would be paid to its happy conclusion; that the Governors would use all due diligence.

ence.

I have the satisfaction of saying, at last, that I embarked this morning with the Spanish commissary, but that the one for St. Augustine, just appointed, will not be able to proceed in the Nonsuch until the day after to-morrow. I have preferred leaving him, to a moment's unnecessary delay, on my part, for the delivery of West Florida.

I have addressed a copy of the orders of which he is the bearer to Colonel Bankhead, or commanding officer at Amelia, subject, as before mentioned, to such directions as he should receive from the Department, or from General Jackson, as Governor of the Territory.

It has been a source of regret and vexation to me to have met with this unforeseen detention, but I hope and trust that you will have perceived, in the course of my agency, that every exertion has been used, and that the delay may be attributed more to a tardiness inherent in those with whom I have had to do, than to any political or commercial advantage expected to be derived from it by speculation. The authorities here consider it a prompt despatch!

I request your attention to my draft of this date in favor of Messrs. Gutierrez & Morland for $350, chargeable to my account.

I am, with the greatest respect, &c.
JAMES G. FORBES.

Hon. J. Q. ADAMS,
Secretary of State.

each corps will be reunited under the command of
information on the subject. The detachments of
the chief, or its senior officer, taking all the pre-
cautions which you think convenient for main-
taining good order in this delicate circumstance.
At the moment of giving possession of that coun-
try, and of quitting it, I recommend to you to do
what you can for apportioning to the families
which may wish to be transferred to this island
all the means which may be in your power, and
the necessary protection which I myself have so-
licited from the said commissary in his kindness,
manifesting on my part how agreeable it would
be, as they come to live amongst our people.
May God preserve you many years.

NICOLAS MAHY.
To the COMMANDER ad interim West Florida.

Additional order for the delivery of West Florida.

HAVANA, May 27, 1821.

Although it is expressed in the order for the delivery of the province under your command to Don James G. Forbes, the commissioned agent of the United States to that effect, it ought also to be understood that, in case of any accident hap pening to that gentleman, (which God forbid,) it shall be delivered to the authorities of the said United States, legally constituted, who may present themselves to you for the completing of the afore-cited order.

God preserve you many years.
NICOLAS MAHY.

Additional order for East Florida, (the original, er first, being the same for both provinces.) HAVANA, May 29, 1821. In the order which I addressed to you for the delivery of the province under your command, it is not expressed to whom it should be given; it