which no adequate reason is assigned, but which have already produced great publick inconvenience to The United States, and which, if longer continued, will give them the most serious grounds of complaint. The last Letter received from Colonel Forbes bears date of the 23d of May, when his detention had already been protracted more than a month, in the interval of which, the re-appearance of the disease incidental to the climate, excited strong apprehensions for the health of the Captain and Crew of the Hornet, as well as of Colonel Forbes himself. There is too much reason for the alarm, with regard to Captain Read, who is stated, by accounts of dates more recent than those officially received, to have been on the 28th of May still at The Havannah, and very dangerously ill.

General Jackson, desirous of ascertaining the number of Men for whom it would be necessary to procure transports and provisions, as well as to make arrangements for the supplies necessary to the Troops of The United States, who were to take their place, sent, on the 1st of May, Dr. Bronaugh and Judge Brackenridge to Pensacola, with a Communication to Don Jose Callava, Governor of West Florida, to communicate to him the Commission and Authority with which he was clothed, and to ask of him such information as would be necessary, for the arrangements adapted to the evacuation of the Territory by the Troops of Spain, and to the taking of possession on the part of The United States. Governor Callava declined making any such communication, declaring himself subordinate altogether to the GovernorGeneral of Cuba, and that he did not feel authorized to act at all in regard to the execution of the Treaty, until duly instructed to that effect by his Superior Officer. The Letters, Copies of all which are inclosed, contain intimations from various sources, that all these dilatory proceedings have too much connection with private purposes, and dishonorable pecuniary speculations. It is yet wished that this awkward and unpleasant state of things may, before this, have terminated, but the unreasonable delays of the Governor-General of Cuba, inconsistent, no less with good faith than with the good harmony which we are so desirous of cultivating with Spain, cannot be suffered to pass without animadversion. You will take the earliest opportunity, after your arrival at Madrid, to make suitable Representations on this subject to the Spanish Government; and to state that, whatever unpleasant or injurious consequences may result from this unwarrantable conduct of the Governor of Cuba, might be attributed altogether to him.

By the 4th Article of the Treaty, each of the Contracting Parties engaged to appoint a Commissioner and a Surveyor, to meet before the termination of one year from the Ratification of the Treaty, at Nachitochez, on the Red River, to run and mark the Boundary Line. Colonel M'Rae has been appointed the Commissioner on the part of The United States, and will be ready to proceed on the important

duties of the Commission as soon as the appointment of the Spanish Commissioner and Surveyor shall be notified to us. It is further stipulated that the two Governments will amicably agree respecting the necessary Articles to be furnished to those Persons, and to their escorts, if necessary. At the time of the exchange of Ratifications, General Vives, at my request, promised to remind his Government of the necessity of an immediate appointment of the Commissioner and Surveyor, on their part. It is presumed this will have been done before you reach Madrid. Your attention to the subject is nevertheless requested, in case any thing should yet remain to be done, to put in train the execution of this Article. As the necessary supplies for the Commissioners will be naturally best known on the scene of their operations, it is presumed the Spanish Government will authorize its Minister here to agree for them to such arrangements in this particular as may be found necessary. I am, &c.

John Forsyth, Esq.

SIR,

JOHN QUINCY ADAMS.

No. 2.-The Secretary of State to Mr. Forsyth.

Department of State, Washington, 16th June, 1821. SINCE my Letter of the 13th instant, a Letter of the 28th ultimo with Inclosures, has been received by Colonel James G. Forbes, Copies of which will be forwarded to you next week. By a Letter of the 5th instant from Mr. Warner, our Commercial Agent at The Havannah, we are informed, that Colonel Forbes, in the Hornet, sailed for Pensacola, on the 30th ultimo, and the Nonsuch for St. Augustine, on the 1st instant.

It is hoped, that, on the arrival of these Vessels at the places of their destination, no further vexatious and unwarrantable delays will occur in the execution of the 7th Article of the Treaty. But Colonel Forbes has been obliged to depart without the Archives and publick Documents, which were stipulated by the Treaty, and directed by the Royal Order to the Governor and Captain-General of Cuba, to be delivered over to us.

As Colonel Forbes thus appears to have been at last dispatched, the uncertainty, as to the extent of time, during which this measure might be protracted, has ceased; and the Representation, which by my Letter of the 13th instant you were requested to make to the Spanish Government, will properly be accommodated to the circumstances as now known to us. With the complaint of delays, without assignment of any reasonable cause, which it will yet be proper that you should prefer, a firmer confidence in the expectation that no further unnecessary postponements will occur, may be expressed; but our disappointment at the detention of the Archives will also require to be more ex. plicitly signified; and it will be very desirable, that you should obtain a new and peremptory Order to the Governor and Captain-General, for

the delivery of all the Archives and Documents, to which we are entitled by the Treaty, which will leave him no apology or pretence, for either denial or procrastination.

John Forsyth, Esq.

I am, &c.

JOHN QUINCY ADAMS.

No. 3.-Mr. Forsyth to Don Eusebio de Bardaxi y Azara. (Extract.) Madrid, 1st September, 1821. As soon as the Treaty of the 22d February, 1819, was ratified by the Government of my Country, the necessary steps were immediately taken on its part for carrying it into execution. By the 7th Article of the Treaty, the Spanish Troops were to be withdrawn from the ceded Territories, and possession was to be given of the Places occupied by them, within 6 months after the exchange of Ratifications, or sooner if possible; and The United States were to furnish the transports and escort necessary to convey the Spanish Officers and Soldiers to The Havannah. The Royal Order from His Catholick Majesty to the Captain-General of Cuba, for the delivery of the ceded Territories, and of the Archives belonging to them, to the Commissioner of The United States authorized to receive them, was delivered by His Majesty's Minister to the American Government with the ratified Treaty. Colonel J. G. Forbes was appointed by the President to convey this Order to the Governor of Cuba, and commissioned to receive the Orders to the Governors or Commanding Officers of the Places within the Territories, for their delivery; and, also, the Archives that were to be given up. The Ship of War Hornet was sent to The Havannah with Colonel Forbes, who was directed, on receiving them, to proceed forthwith to Pensacola, taking suitable measures for transmitting the Order to the Government of East Florida, at St. Augustine. A Letter from the Spanish Minister, near The United States, to the Governor of Cuba, was also furnished, announcing Colonel Forbes as the Officer appointed to receive the Order for delivery, and the Archives.

General Jackson was appointed Governor of East and West Florida by the President, and was instructed to proceed to Montpelier, the Post within The United States nearest to Pensacola, there to await the arrival of Colonel Forbes with the necessary Orders-upon which the General was directed to receive possession for The United States, and provide for the transportation of the Spanish Officers and Troops, and their baggage, to The Havannah, and, by a liberal construction, the provisions for the subsistence of the Officers and Troops were considered as included within the obligation of the 7th Article of the Treaty.

General Jackson reached the Post of Montpelier on the 30th of April. On the 22d of the same month the Hornet arrived at Havannah with Colonel Forbes; and, had he been dispatched without delay, might have arrived at Pensacola in season for the reception of General Jackson, without unnecessary detention. It is with regret that I have to state that, so far from immediately dispatching Colonel Forbes, by

issuing the necessary orders, and delivering the Archives, there was, on the part of the Governor-General of Cuba, a series of delays, for which no adequate reason has been assigned, until the end of the month of May, and then Colonel Forbes was under the necessity of departing without having received the Archives. Great publick inconvenience has been, and will be, sustained, by this conduct of the Captain-General, not less inconsistent with the obligations of the Treaty, than, as The United States believe, with the orders of his own Government. The health of the Commissioner and of the Officers and of the Crew of the Hornet were endangered by a continuance, at an unhealthy season, in the Port of Havannah; in fact, her Commander, Captain Read, a gallant and meritorious Officer, was nearly lost to his Country by the ravages of the prevalent disease of the West Indies. General Jackson, desirous of ascertaining the number of men for whom it would be necessary to procure transports and provisions, as well as to make arrangements for the supplies necessary to the Troops of The United States who were to take their place, sent, on the 1st of May, a Communication to the Governor of West Florida, of the Commission and Authority vested in him by the President, and to ask such information as was necessary to provide for the evacuation of the Territory by the Spanish Troops, and the occupation of it by those of The United States. This information was not furnished; Colonel Callava replying that he could not act until duly authorized by his Superior Officer.

In the mean time, intimations were received by the American Government, from various sources, that these delays had too much connection with private purposes, and dishonorable pecuniary speculations. Without giving credit to these intimations, the Government of my Country is nevertheless under the necessity of stating, that all the injury which has been sustained, and may arise from the delay to deliver the ceded Territory, is to be imputable to the Governor of Cuba, and while the proper confidence is entertained that no further unnecessary postponements will occur in the evacuation of the Territory, the failure to deliver the Archives is a subject of surprise and disappointment. Although by the Royal Order, the delivery of the Archives is expressly directed, I would submit to your Excellency the propriety of furnishing me with a new and peremptory Order to the Governor and Captain-General of Cuba, for the delivery of all the Archives and Documents to which we are entitled by Treaty, that will leave him neither apology nor pretence for denial or procrastination. Don E. de Bardaxi y Azara.

JOHN FORSYTH:

No. 4.-Mr. Salmon to the Secretary of State.-(Translation.) SIR, Philadelphia, 6th October, 1821. It falls to my lot, and to me it is very grievous, to see myself under the necessity of commencing my functions as Chargé d'Affaires of His Catholick Majesty, with complaints. This is the more sensibly felt by

me, inasmuch as I have to direct them against an Officer of The United States, a conspicuous Citizen of the Union, and a highly distinguished General, the Hero of New Orleans.

Colonel Don Joseph Callava, as Commissary on the part of Spain, confirmed the delivery of West Florida to General Andrew Jackson, who was authorized to receive it, on the 17th of July last; and he could not leave the Province on the same day, because it was impossible for him to have concluded the press of business which the delivery produced; and, also, because he was sick; and, lastly, because he had, with the same General, to await the decision of their respective Governments, whether the Artillery should be included in the Treaty, or removed, (which was kept in the mean time under his care.) Upon this decision, principally, his remaining in Florida depended, in order to consummate the delivery. Colonel Callava, therefore, remained there, not as an Individual, for his pleasure and personal purposes, but for fulfilling his duty as a Commissary, charged to give a due effect to the Treaty of 22d February. As a Commissary, he acted with Governor Jackson many days after the delivery of the Province, (on the 3d of August,) and as a Commissary, he was in the Territory of a friendly Nation, under the protection of the most sacred Law of Nations. But all Laws, divine and human, were, in the present case, trampled under foot by General Jackson.

By the accompanying Copy of Protest, you will be informed, Sir, minutely, of the transactions at Pensacola, on the 22d of August last. A Copy of other faithful Documents likewise accompany this, which prove the truth and correctness of the whole, as far as the Commissary, Don Joseph Callava, has explained; and I am also ready to show you the originals whenever you may demand them,

The Treaty of the 22d February speaks of certain Documents and Papers, which the Spanish Commissaries were to deliver to those of The United States, along with the Floridas; being allowed to carry away others only. The classification of the whole being made, Col. Callava made the delivery in due form, of the former, and then of the second, to the Secretary of War and Finance, the Officer Don Domingo Sousa; leaving the official Correspondence of the Government in the charge of the Secretary. The whole were ordered to be put in boxes, in order that, as soon as the Commission should be concluded, they might be removed from the Province; and Sousa was executing the orders of the Commissary, Callava, when 3 men (to him unknown) presented themselves to him, and, saying that they were commissioned by Governor Jackson, demanded of him those Papers. Sousa replied that they were not his, and consequently that he could not give them; but if there were any which they wanted, they could have recourse to his Principal, the Commissary; but the sight and examination of them were not refused.

The same men afterwards returned, repeating that