Spain-Delivery of the Floridas. Colonel Butler to the Secretary of State. ST. AUGUSTINE, EAST FLORIDA, SIR: I have handed over to Major Cross, for your examination, a book containing copies of the official correspondence which resulted in the reception and occupancy of this province. You will likewise receive, herewith, the official document of the interchange of authority, which was formally executed at the period when the American and Spanish flags were flying on the standard. You have enclosed a communication and document accompanied, from the Spanish Commissioner, which I have informed him has been referred to the American Government for decision, on the subject of several pieces of artillery at Amelia Island. The archives relating to private property are so numerous that it would be an endless task to have them transcribed; and I therefore claimed them as they were, and I deemed it of great importance to particularize, as you will find from my letter of the 3d instant, and numbered 26, owing to my receiving information that a large portion of these documents were packed for transportation. This letter had the effect of keeping all the documents here until your decision is made with the Spanish authorities. The documents are forwarded by Major Cross, on the part of the Spanish Commissioner, to the Minister at Washington, from which you will be enabled to settle the points left open with them speedily. I shall be gratified to receive a communication from you, if my services in this instance have corresponded with the interests of my country. As I have not been informed of what allowance will be authorized as a compensation for the duty which I have performed, will you be kind enough to give me the necessary information on this subject, directed to Pensacola ? I have the honor to be, &c. ROBERT BUTLER, U. S. Com'r. Hon. J. Q. ADAMS, Sec'ry of State. NOTE. I am just informed by the Spanish Commissioner that his documents will not be sent by Major Cross, but will be transmitted immediately by another conveyance. R. B. Act of Cession of East Florida. In the place of St. Augustine, and on the tenth day of July, eighteen hundred and twenty-one, Don Jose Coppinger, colonel of the national armies, and commissioner appointed by his Excellency a formal delivery of the said place and province of East Florida to the Government of the United States of America, by virtue of the treaty of cession concluded at Washington, on the 22d of February, eighteen hundred and nineteen, and the royal schedule of delivery of the twenty-fourth of October of the last year, annexed to the documents mentioned in the certificate, that form a heading to these instruments: in testimony thereof, and the adjutant general of the southern division of said States, Colonel Don Robert Butler, duly authorized by the aforesaid Government to receive the same: We having had several conferences, in order to carry into effect our respective commissions, as will appear by our official communications; and having received by the latter the documents, inventories, and plans, appertaining to the property and sovereignty of the Spanish nation held in the province, and in its adjacent island depending thereon, with the sites, public squares, vacant lands, public edifices, fortifications, and other works, not being private property, and the same having been preceded by the arrangements and formalities that, for the greater solemnity of the important fact, they have judged proper, there has been verified, at four o'clock on the evening of this day, the complete and personal delivery of the fortifications, and all else of this aforesaid province, to the commissioner, officers, and troops of the United States, and. in consequence thereof, having embarked for the Havana the military and civil officers and Spanish troops in the American transports provided for this purpose, the Spanish authorities having this moment ceased the exercise of their functions, and those appointed by the American Government having begun theirs, duly noting that we have transmitted to our Governments the doubts occurring whether the artillery ought to be comprehended in the fortifications; and if the public archives relating to private property ought to remain and be delivered to the American Government by virtue of the cession; and that there remain in the fortifications, until the aforesaid resolution is made, the artillery, munitions, and implements specified in a particular inventory, awaiting on these points, and the others appearing in question in our correspondence, the superior decision of our respective Governments, and which is to have, whatever may be the result, the most religious compliance at any time that it may arrive, and which the possession that at present appears given shall not serve as an obstacle. In testimony of which, and that this may at all times serve as an expressive and formal receipt in this act, we, the subscribing commissioners, sign four instruments of the same tenor, in the English and Spanish languages, at. the above-mentioned place, and said day, month, and year. ROBERT BUTLER. JOSE COPPINGER. Colonel Butler to the Secretary of State. ST. AUGUSTINE, June 20, 1821. SIR: I have the honor to report to you that the he Captain General of the island of Cuba, to make | understanding which at present exists between the Spain-Delivery of the Floridas. Governor who is the commissioner on the part of Spain, and myself, is, that the exchange of flags will be effected on or about the 1st of July, and in a manner which I trust will be deemed satisfactory by my Government. I shall avail myself of the earliest opportunity after that event to give you in detail the whole of the proceedings on that subject. should be informed generally of their character and quantity. Colonel Forbes is to take passage at New York in the United States sloop of war Hornet, Captain Read; and, on arriving at Pensacola, is to give you immediate notice, that you may repair thither to receive possession of that place. The Hornet is to remain there to escort the transports in which the Spanish officers and troops and their baggage are to be conveyed to the Havana. I was induced to believe, from information received some time since, that the provisions destined to subsist the Spanish forces to the Havana The Spanish Minister has expressed a strong had arrived at Amelia Island, and I therefore gave wish that no troops of the United States may be an order for their delivery to the officer command- introduced into Pensacola or St. Augustine until ing the detachment destined to occupy the fortress after the evacuation of those of Spain. The obat this place. A partial supply only was deliv-ject of this request being to avoid any possible ered, and that out of the supply for the troops at unpleasant altercations between the soldiers of the that place. I have therefore despatched a trans- two nations, the President thinks it reasonable to port to Amelia to procure the supply necessary, and, comply with it, unless you should be of opinion if not in store, to purchase such as may be want- that it will be attended with inconvenience. In ing. I am without any advices from the Com- that event, he relies that you will take every missary General's department on this subject. measure of precaution which may be necessary to I have the honor to be, &c. guard against any such collisions between the soldiers; and he trusts with confidence that, in every arrangement for the evacuation, the utmost delicacy will be observed to avoid every thing which might tend to wound the feelings of any of ROBERT BUTLER. Hon. J. Q. ADAMS, Sec'ry of State. The Secretary of State to Major General Andrew the Spanish officers, soldiers, or subjects, who are Jackson. DEPARTMENT OF STATE, Washington, March 12, 1821. SIR: By direction of the President of the United States, I have the honor of transmitting to you three commissions: 1. As commissioner to receive possession of the provinces of East and West Florida, conformably to the treaty between the United States and Spain; concluded on the 22d of February, 1819. 2. As Governor of the whole territories of which possession is to be thus taken. 3. As commissioner vested with special and extraordinary powers, conformably to the stipulations of the treaty, and to the act of Congress for carrying the same into execution; copies of both of which are also among the enclosures with this letter. Together with the Spanish ratification of the treaty, there was transmitted to the Spanish Minister at this place a royal order to the Captain General and Governor of the island of Cuba for delivering possession of the provinces of East and West Florida, according to the stipulations of the second article of the treaty. to remove. It is the President's desire that you should appoint General Gaines, or such other officer as you may deem expedient, to receive possession of St. Augustine; and that the same instructions should be applied to the execution of that service. The United States brig Enterprise or schooner Porpoise will be ordered to proceed to that place to escort the transports which are to convey the Spanish officers and troops thence to the Havana. The care of providing the transports at both places is referred to you. The number of troops at either place is not known, but supposed to amount to about five hundred men at each. The stipulation is understood to include civil as well as military officers, and provisions as well as passage. Instructions will be given by the Secretary of War to the quartermasters and commissaries to furnish to your orders provisions and transports for the conveyance of the Spanish officers and troops. It is expected they will be supplied at New Orleans and Mobile for those to embark within the Gulf, and at Savannah and Charleston for those going from St. Augustine. A copy and translation of the royal order to the Governor of Cuba, for delivering the possession of Colonel James G. Forbes has been appointed the provinces, is among the enclosures herewith by the President agent and commissary to deliver You will observe that it includes expressly the this royal order to the Governor of Cuba, to con- islands appurtenant to them. It will be proper cert and arrange with him the execution of it, that attention should be paid to taking possession and to receive any documents or archives which of all these islands, but it may not be necessary may be at the Havana, and which are stipulated to be delivered by this article. A copy of his be made. instructions is herewith enclosed, by which you will perceive that he is to deliver over to you all such documents or archives as he may receive at the Havana. It is desirable that those relating to each of the two provinces should be kept distinct from each other, and that this Government that a formal delivery of them in every case should On receiving from the Governors of West and of East Florida possession of those respective provinces, it will be proper to exchange certificates of the time and mode of the transaction. Orders for the delivery of any military posts within the provinces will be expected, and they will be occu Spain-Delivery of the Floridas. pied by detachments of our troops, as you may P. S. The third commission, being reserved by deem expedient. the President for consideration, is not enclosed. As soon as the possession shall be transferred, you will, in pursuance of your authority over the ceded territories, issue proclamations announcing the fact. A form adapted from that which was issued on the first occupation of Louisiana is herewith enclosed, to be modified as the circumstances, in your opinion, may require. The powers vested in you by the enclosed commissions are also conformable to those which were intrusted to the Governor of Louisiana under an act of Congress of similar import. The President is satisfied that they will be exercised by you with a due regard as well to the privileges and usages of the inhabitants under the Government to which they have been subject, as to the personal and social rights to which they will be entitled by the stipulations of the treaty, and as associates to the union of these States. The money paid into the Spanish treasury before the delivery of possession, and whatever may be due thereto at that date, is to be considered as the property of Spain. Payments and debts subsequent to that date will belong, of course, to the United States. The laws of the United States relating to the revenue and its collection, and those relating to the introduction of persons of color, being extended by the act of Congress to the territory, the execution of them will be superintended by officers to be appointed for the several collection districts to Commission to General Jackson to receive possession of the Floridas. JAMES MONROE, President of the United States of America, to all to whom these presents shall come, greeting: Know ye, that, reposing special trust and confidence in the patriotism and abilities of Major General Andrew Jackson, of Tennessee, I have appointed him commissioner of the United States, with full power and authority to him to take possession of, and occupy, the territories ceded by Spain to the United States by the treaty concluded at Washington on the twenty-second day of February, in the year one thousand eight hundred and nineteen, and for that purpose to repair to the said territories, and there to execute and perform all such acts and things touching the premises as may be necessary for fulfilling his appointment, conformably to the said treaty and the laws of the United States: and I do, moreover, authorize the said Andrew Jackson to appoint any person or persons in his stead to receive possession of any part of the said ceded territories, according to the stipulations of the said treaty. In testimony whereof, I have caused these letters to be made patent, and the seal of the United States to be hereunto affixed. Given under my hand, at the City of Washington, be established by the President conformably to the [L. s.] the 10th day of March, A. D. 1821, and of law. Your compensation as Governor will be at the rate of five thousand dollars a year. As commissioner for receiving possession of the provinces, such reasonable expenses as may be incurred will be allowed. Whenever your military command ceases, your salary as Governor will commence. In the taking possession of St. Augustine and East Florida, similar proceedings to those relative to the occupation of West Florida will be proper. Both provinces being placed under your direction, the proclamation to be issued there will be in your name; and General Gaines, or such other officer as you may appoint, will be instructed to consider himself, for all the purposes of the Government, subject to your orders. At the ensuing session of Congress, it is presumed one of the earliest objects of attention to that body will be to make further provision for the government of these Territories. The President wishes you, in the interval, to collect and communicate to this Department any information relating to the country and its inhabitants, which may be useful to the exercise of the legislative authority of the Union concerning them. For the expenses incident to the services herewith required, you will draw upon this Department. Strict economy is to be observed in incurring them; and I have urgently to request the transmission, as early as possible, of all the accounts resulting from them, with the vouchers necessary for their settlement at the Treasury. I am, with great respect, &c. JOHN QUINCY ADAMS. 17th CoN. 1st SESS.-61 the Independence of the United States of America the forty-fifth. Commission to General Jackson as Governor of the Floridas. JAMES MONROE, President of the United States of America, to all to whom these presents shall come, greeting: Whereas, the Congress of the United States, by an act passed on the third day of the present month, did provide that, until the end of the first session of the next Congress, unless provision be sooner made for the temporary government of the territories of East and West Florida, ceded by Spain to the United States by the treaty between the said parties, concluded at Washington, on the twenty-second day of February, one thousand eight hundred and nineteen, all the military, civil, and judicial powers exercised by the officers of the existing government of the same shall be vested in such person or persons, and shall be exercised in such manner, as the President of the United States shall direct, for maintaining the inhabitants of said territories in the free enjoyment of their liberty, property, and religion: Now, know ye, that, reposing special trust and confidence in the integrity, patriotism, and abilities of Major General Andrew Jackson, I do, in virtue of Spain-Delivery of the Floridas. the above-recited act, appoint him to exercise, within the said ceded territories, under such limitations as have been, or may hereafter be, prescribed to him by my instructions, and by law, all the powers and authorities heretofore exercised by the Governor and Captain General and Intendant of Cuba, and by the Governors of East and West Florida, within the said provinces, respectively, and do authorize and empower him, the said Andrew Jackson, to execute and fulfil the duties of this present appointment according to law, and to have and to hold the same, with all its powers and privileges, until the end of the next session of Congress, unless provision be sooner made for the temporary government of the said territories so ceded by Spain to the United States: Provided, however, (and it is the true intent and meaning of these presents,) That the said Andrew Jackson, or any person acting under him, or in the said territories, shall have no power or authority to lay or collect any new or additional taxes, or to grant or confirm to any person or persons, whomsoever, any title or claims to lands within the Andrew Jackson, to exercise, under certain limitations, within the said ceded territories, all the powers and authorities heretofore exercised by the Governor and Captain General and by the Intendant of Cuba, and by the Governors of East and West Florida, within the said provinces, respectively, with the clauses and conditions in the said letters patent expressed: And whereas it appears to me expedient that you should be vested with the other powers hereinafter specified: Therefore, be it known that, in virtue of the above recited act of Congress, I do, by these presents, appoint and authorize you, the said Andrew Jackson, to administer the government, with the existing authorities, in the best manner in your power, for the present, and to report without delay the actual state, with such alterations as you may think advisable, that further instructions may be given respecting the same; and I do, moreover, authorize you to suspend any officer or officers in the said territories which the public good may seem to you to require, with the exception always of such as are or may be appointed by the President of the United States, making a report to this Government of your proceedings therein. These letters patent are to continue in force until the end of the first session of the next Congress, unless provision be sooner made for the temporary government of the said territories so as aforesaid ceded by Spain to the United States, and unless it should be sooner revoked by the President of the United States. [L. In testimony whereof, I have caused these letters to be made patent, and the seal of the United States to be hereunto affixed. Given under my hand, at the City of Washington, the 20th day of March, A. D. 1821, and of the Independence of the United States of America the forty-fifth. S.] By the President: JAMES MONROE. JOHN QUINCY ADAMS, Form of Proclamation. By Major General ANDREW JACKSON, Governor of the provinces of the Floridas, exercising the powers of the Captain General and of the Intendant of the Island of Cuba over the said provinces, and of the Governors of said provinces, respectively. Special Commission to Major General Andrew Jackson, for carrying into effect the stipulations of the Treaty. JAMES MONROE, President of the United States of America, to Andrew Jackson, greeting: Whereas, by an act of Congress passed on the third day of the present month, entitled "An act for carrying into execution the Treaty between the United States and Spain, concluded at Washington, on the twenty-second day of February, one thousand eight hundred and nineteen," it is provided that, until the end of the first session of the next Congress, unless provision be sooner made for the temporary government of the territories ceded by Spain to the United States by the treaty concluded at Washington, on the twenty-second day of February, one thousand eight hundred and nineteen, between the two nations, all the military, civil, and judicial powers exercised by the officers of the existing government of the same shall be vested in such person or persons, and shall be exercised in such manner, as the President of the And whereas the Congress of the United States, United States shall direct, for maintaining the on the 3d day of March, in the present year, did inhabitants of said territories in the free enjoy-enact that, until the end of the first session of the ment of their liberty, property, and religion: And whereas, on the tenth day of the present month, I did, by letters-patent, under the seal of the United States, in pursuance of the powers vested in me as aforesaid, appoint you, the said Whereas, by the treaty concluded between the United States and Spain, on the 22d day of February, 1819, and duly ratified, the provinces of the Floridas were ceded by Spain to the United States, and the possession of the said provinces is now in the United States: seventeenth Congress, unless provision for the temporary government of said provinces be sooner made by Congress, all the military, civil, and judicial powers exercised by the officers of the existing Government of the said provinces shall be Spain-Delivery of the Floridas. United States; but no express mention is made of the cannon belonging to them. By the seventh article of the same treaty, it is provided that the United States shall furnish the transports and escort necessary to convey the Spanish officers and troops and their baggage to the Havana; but no mention is made of the transportation of cannon, nor is there any express en vested in such person or persons, and shall be exercised in such manner, as the President of the United States shall direct, for maintaining the inhabitants of said territories in the free enjoyment of their liberty, property, and religion; and the President of the United States has, by his commission, bearing date the 20th day of said March, invested me with all the powers, and charged me with the several duties heretofore held and exer-gagement on the part of the United States to furcised by the Captain General, Intendant, and Governors, aforesaid: I have therefore thought fit to issue this my proclamation, making known the premises, and to declare that the government heretofore exercised over the said provinces, under the authority of Spain, has ceased, and that that of the United States of America is established over the same; that the inhabitants thereof will be incorporated in the Union of the United States as soon as may be consistent with the principles of the Federal Constitution, and admitted to the enjoyment of all the privileges, rights, and immunities of the citizens of the United States; that, in the meantime, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion they profess; that all laws and municipal regulations which were in existence at the cessation of the late Government remain in full force; and all civil officers charged with their execution, except those whose powers have been specially vested in me, and except, also, such officers as have been intrusted with the collection of the revenue, are continued in their functions during the pleasure of the Governor for the time being, or until provision shall otherwise be made. nish provisions to the Spanish officers and troops on the passage. It is the opinion of the President that, by a fair and just construction of the treaty, the cannon belonging to the fortifications are to be considered as appendages to them, included in the cession, and are, therefore to be left with them. On the same principle, he is of opinion that, with the transports and escorts to convey the Spanish officers and troops and their baggage, the provisions necessary for the passage are also to be furnished at the expense of the United States, although not specially mentioned in the treaty, and orders have accordingly been given for the supply of provisions. It is, however, possible that the Spanish Governors of East and West Florida may, upon a different construction of the treaty, claim to carry away the cannon from the fortifications, because they are not expressly named in the article. You will, in that case, claim that they should be left with the fortifications, and insist that, upon the principle of the other construction, the United States are not bound to furnish provisions for the passage of the officers and troops. You will state that the supply has been ordered in the And I do hereby exhort and enjoin all the in- confidence that the benefit of the same liberal conhabitants and other persons within the said prov-struction of the treaty will operate in favor of the inces to be faithful and true in their allegiance to the United States, and obedient to the laws and authorities of the same, under full assurance that their just rights will be under the guardianship of the United States, and will be maintained from all force and violence from without or within. United States; and that, if it be not extended to them, they will have a just claim to be reimbursed for the expense of supplying the provisions. You will add that, as there is no engagement on their part, express or implied, to furnish the means of transporting the cannon, they have made, and can make, no provision for that purpose. Should the Spanish Governors allege that their From the Secretary of State to Major General Andrew orders are express for having the cannon carried Jackson, at Nashville. DEPARTMENT OF STATE, SIR: I have the honor to transmit the third commission referred to in the instructions of this office to you of the 12th instant; and to be, with respect, your obedient and humble servant, JOHN Q. ADAMS. From the Secretary of State to Major General Andrew DEPARTMENT OF STATE, Washington, March 23, 1821. SIR: By the second article of the Florida Treaty, it is stipulated that, with the Territories of East and West Florida, the fortifications within the same are ceded and to be delivered to the away, you will leave it to them to make provision for their transportation, and report forthwith the facts to this Department. I am, with great respect, &c. JOHN QUINCY ADAMS. From the Secretary of State to Major General Andrew Jackson, Governor of East and West Florida. DEPARTMENT OF STATE, Washington, May 22, 1821. SIR: I have the honor, by direction of the President of the United States, of informing you that he has established within the Territories of East and West Florida three districts for the collection of the revenue, namely, at Pensacola, St. Marks, and St. Augustine. He has at the same time thought proper to appoint two territorial secreta |