Title Page
 Table of Contents
 List of Illustrations
 Caroline Mays Brevard (1860 - 1910),...
 The Second Spanish Occupation
 Short-lived Republics
 The Later Colonial Days
 Organization of the Territory
 Beginning of Civil Power
 The Selection of a Site for the...
 The Disputed Boundary Line
 Taming of the Wilderness
 Early Relations with the India...
 War with the Indians
 Continuation of the War
 Closing Scenes of the War
 Some Indian Leaders
 General Progress and Education
 Social Life
 The Banks of the Territory
 Politics in the Territory
 Preparation for Statehood

Group Title: History of Florida from the Treaty of 1763 to our own times
Title: A history of Florida from the treaty of 1763 to our own times
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00055552/00001
 Material Information
Title: A history of Florida from the treaty of 1763 to our own times
Series Title: Publications of the Florida state historical society, no. 4
Physical Description: 2 v. : fronts, (ports.) maps (1 double) ; 27cm.
Language: English
Creator: Brevard, Caroline Mays, 1860-1920
Robertson, James Alexander, 1873-1939 ( ed )
Publisher: The Florida State Historical Society
Place of Publication: Deland Fla
Publication Date: 1924-25
Subject: History -- Florida   ( lcsh )
Genre: bibliography   ( marcgt )
non-fiction   ( marcgt )
Bibliography: "Authorities": v. 1, p. 284-293; v. 2, p. 238-242.
Statement of Responsibility: by Caroline Mays Brevard, edited by James Alexander Robertson. A posthumous work in two volumes published in memoriam of the author.
General Note: Series title also at head of t.-p.
General Note: Vol. 2: "This edition is limited to three hundred and twenty-five copies, of which this is number 87."
 Record Information
Bibliographic ID: UF00055552
Volume ID: VID00001
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 000116553
oclc - 01428965
notis - AAN2362
lccn - 25019756


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Table of Contents
        Page ii
    Title Page
        Page iii
        Page iv
        Page v
        Page vi
        Page vii
        Page viii
    Table of Contents
        Page ix
    List of Illustrations
        Page x
        Page xi
        Page xii
        Page xiii
        Page xiv
        Page xv
        Page xvi
    Caroline Mays Brevard (1860 - 1910), an Appreciation by Rowena Longmire
        Page xvii
        Page xviii
        Page xix
        Page xx
        Page xxi
        Page xxii
        Page 1
        Page 2
    The Second Spanish Occupation
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
    Short-lived Republics
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
    The Later Colonial Days
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
        Page 39
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        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
        Page 61
        Page 62
        Page 63
    Organization of the Territory
        Page 64
        Page 65
        Page 66
        Page 66b
        Page 67
        Page 68
        Page 69
        Page 70
    Beginning of Civil Power
        Page 71
        Page 72
        Page 73
        Page 74
        Page 75
        Page 76
        Page 77
        Page 78
    The Selection of a Site for the Capital
        Page 79
        Page 80
        Page 81
        Page 82
        Page 83
        Page 84
        Page 85
        Page 86
        Page 87
        Page 88
        Page 89
        Page 90
        Page 91
        Page 92
        Page 93
        Page 94
        Page 95
        Page 96
    The Disputed Boundary Line
        Page 97
        Page 98
        Page 99
        Page 100
        Page 101
    Taming of the Wilderness
        Page 102
        Page 103
        Page 104
        Page 105
        Page 106
        Page 107
        Page 108
        Page 109
        Page 110
        Page 111
    Early Relations with the Indians
        Page 112
        Page 113
        Page 114
        Page 115
        Page 116
        Page 117
        Page 118
    War with the Indians
        Page 119
        Page 120a
        Page 120
        Page 121
        Page 122
        Page 123
        Page 124
        Page 125
        Page 126
        Page 127
        Page 128
        Page 129
        Page 130
        Page 131
        Page 132
        Page 133
    Continuation of the War
        Page 134
        Page 135
        Page 136
        Page 137
        Page 138
        Page 139
        Page 140
        Page 141
        Page 142
        Page 143
        Page 144
        Page 145
        Page 146
        Page 147
        Page 148
        Page 149
        Page 150
        Page 151
        Page 152
        Page 153
        Page 154
    Closing Scenes of the War
        Page 155
        Page 156
        Page 157
        Page 158
        Page 159
        Page 160
        Page 161
        Page 162
        Page 163
        Page 164
    Some Indian Leaders
        Page 165
        Page 166
        Page 167
        Page 168
        Page 169
        Page 170
        Page 171
        Page 172
    General Progress and Education
        Page 173
        Page 174
        Page 175
        Page 176
        Page 177
        Page 178
        Page 179
        Page 180
        Page 181
        Page 182
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        Page 184
        Page 185
        Page 186
        Page 187
        Page 188
        Page 189
        Page 190
        Page 191
        Page 192
    Social Life
        Page 193
        Page 194
        Page 195
        Page 196
        Page 197
        Page 198
        Page 199
        Page 200
        Page 201
    The Banks of the Territory
        Page 202
        Page 203
        Page 204
        Page 205
        Page 206
        Page 207
        Page 208
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        Page 220
        Page 221
        Page 222
        Page 223
        Page 224
        Page 225
        Page 226
        Page 227
    Politics in the Territory
        Page 228
        Page 229
        Page 230
        Page 231
        Page 232
        Page 233
        Page 234
        Page 235
        Page 236
        Page 237
        Page 238
    Preparation for Statehood
        Page 239
        Page 240
        Page 241
        Page 242
        Page 243
        Page 244
        Page 245
        Page 246
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Full Text

- !



* *

* 9







lot tbetloriba


















1914 -


















his, the fourth publication of the Florida State Historical Society,

has been printed in honor of the distinguished Florida historian,

Mays Brevard.


Because of the value of her contribution to the history of the

state, the committee believes the Society will bring honor to itself by thus

honoring the memory of Miss Brevard.

Moreover, the redeeming from oblivion

and the making accessible of such ais important historical document, repre-
senting years of patient labor on the part of the authoress, is considered by
the committee as the fulfilment in the highest degree of the prerogatives of an
historical society.
The Citu of Tallahassee will celebrate in November, 1924, the centenary
of its founding and of the first convocation in the new capital of the teri-

trial legislature.

The committee las desired to have this book appear as near

as possible to the date of that celebration, in order that the citizens of Talla-
hassee-or the citizens of Florida-when they are recalling the striking

events of their history,

may remember with pride and gratitude their beloved

fellow-citizen, who has disclosed herein so much of the brilliant past of their
city and state.






Committee on Publications.



A --


C -



CAnouIN Mars BBnvaD: An Appreciation, by Rowena Longmire









The Second Spanish Occupatios
Short-lived Republics pC
The Later Colonial Days L
Organization of the Territory
The Beginning of Civil Power
The Selection of a Site for the Capital
Early Days of the Capital
The Disputed Boundary Line
Taming of the Wilderness ..
Early Relations with the Indians-
War with the Jndians
Continuation of the War
Closing Scenes of the War
Some Indian Leaders 1.'
General Progress aqaEducation
Social Life
The Banks of the Territory ,
Politics in the Territory V/
Preparation for Statchood'_



- -

Lists of English and Spanish Governors jn the Floridas
Extracts from the Mangourit Correspondence
Correspondence of American and Spanish OficiJs
Correspondence Concerning the Transfer of Government
Letters from John Lee Williams to Richard Keith Call
Spanish Land Grants
Early Relations with the Indians__ ,_
Report and Letters elaing to the Indian War



[ Is



Caroline Mayd revard
Map of Florida
at the beginning of the Seminole War,
reproduce d from M. M. Cohe, N eus f
Fir a ad tbhe Caspigps (Charlcston,
S. C., 1836)


Faisg pay h9

At her death in I92.o,Miss Caroline MaysBrevard left in a some-
what incomplete condition the manuscript of a three-volume history
of Florida. This was in the possession of her sister, Mrs. Jane Brvard
Darby, of Tallahassee, Florida, who has graciously consented to its
publication by the Florida State Historical Society as a memorial to
Miss Brevard, in whole or in part, as the Society should deem best.
In view of the fact that the work lacked the final revision which its
author would assuredly have given it before publication, had she
lived, permission was also given the Society to make any revisions
which might appear necessary.
As planned by Miss Brevard, the history covered three distinct
periods, namely: (I) from the discovery to the transfer to the United
States; (z) Florida as a territory; and (3) Florida as a state. The
volumes of the manuscript correspond to the three periods.
On examining the material, it was considered advisable to omit
that part of the first volumeyprceding the treaty of 1763, both be- V
cause of the existence of large amounts of original material which
was not known to her,but has recently been, or is now being, made
available, and because it seemed desirable to make the work center
around "on of Flori irr rates. The year 1763,
with its shifting of territory in North America among England,
France, and Spain, marks the beginning of a more intense pressure
from the northward upon Florida. The treaty of 1783, with its final
establishment of a new nation, marks a still greater pressure from
above, which steadily became intensified until it could end only in
the cession of Florida to the United States.
The work is published, therefore, as two volumes, instead of
three; the first volume covering the period from 1763 to the end of
the territorial regime; and the second, the history of Florida as a"
state. The last thr chapters of the first volume of Miss Brevard's
manuscript, namely, "The Second Spanish Occupation", "Short-
lived Republics", and "The Later Colonial Days", form, it is be-
lieved, an excellent introduction to the beginning of Florida's
history as a part of the United States. Miss Brevard's manuscript,

as published in these two volumes, treats of the modern history of
Florida, which offers a marked contrast to its history preceding the
treaty of 1763.
Miss Brevard was well qualified to write a history of her native
state, both by reason of her temperament and of the environment in
which she was reared. Her grandfather, Richard Keith Call, had
gone with Jackson to Florida, where he had participated in all of
the latter's campaigns. He had shared in the political life of the
territory from the beginning under Jackson, and later as a delegate
to the federal congress and as governor of the territory. As a part of
the military life of the territory, he had led the volunteer troops as
their general in the sanguinary struggles with the hostile Indians;
while later, as a firm exponent of the Union, he had protested against
the secession ofthe state. On ber paternal side Miss Brevard was
descended from an illustrious Huguenot family. Her father had
served as a member of the general assembly of the state, and on the
side of the Confederacy throughout the Civil War. She was thus, as
it were, cradled in the history of Florida. Moreover, her mother's
sister, Ellen Call Long, had written and published an interesting and
valuable book on Florida life and customs, and at her death left the
manuscript of another book on Florida history. Hence, considering
her family, the part they played in the upbuilding of the territory
and cfthe state, and her own inclination, facility of expression, and
training as a teacher of history, it was natural that Miss Brevard

should herself

write of the past of Florida.

The present work is by no means exhaustive. Its author would
have been the first to disclaim that quality for her book. But it does
present a series of pictures which show the history of Florida not as
detached bits of mosaic, but as interrelated parts of a connected
whole. She has brought together a great mass of information,
partly from manuscript sources and partly from official and other
printed accounts, which she has welded together into a readable and
valuable book. Moreover, this granddaughter of a stern unionist,
whose death was probably hastened by the secession of Florida, this
daughter of a leader in secession who served a a confederate officer,
has, on the whole, written without passion and judiciously. She is

always sincere, and it is apparent throughout her work that she has
been a seeker after truth. Some may differ with her in certain of her

conclusions, but
Where she migh
her own family,
a sober manner.
and the Florida
will form a real

none may accuse her of a wilful concealment of fact.
t with justice have extolled the deeds of members of
she has, with becoming modesty, narrated them in
Her work is worthy of consultation and of study,
State Historical Society hopes that these volumes
memorial to their author and that they will find a

lasting use among readers and students of Florida history, both
within and without the state.
In the work of editing these volumes, which has been alike a
source of pleasure and of informational value to him, the present
editor has approached his task in a spirit of sympathy. It has been
his constant desire to place Miss Brevard's work before the public as
she wrote it. He has, in consequence, not considered it a part of his
duty to make wilful changes in her diction, but he has taken advan-
tage of the latitude granted him to make those changes which he
has believed Miss Brevard herself would have sanctioned. He has
been at great pains to verify the various citations made by the
author, and has indicated their sources in footnotes, without always
making mention of such intervention. For some few of such cita-
tions, the author herself indicated the source, but the great majority
of them have been ascertained by the editor. Other notes, in which
additional material has been presented, bear the appropriate edito-
rial sign, "Ed." It was deemed advisable to extend materially the
chapter "General Progress and Education", and to a lesser degree
the chapter "The Banks of the Territory" (although much matter
has been added to the latter in the way of footnotes). In both chap-
ters, Miss Brevard's material has been included with only certain
necessary changes.
The editor desires to call attention to the several appendices at
the end of each volume. These were brought together by the author
and will be found of use in connection with her narrative. Some of
the letters presented are well known, but are not out of place in the
present work. In the annotations accompanying the appendices, whe
same plan has been followed as in the main work. To the appendices



on authorities, the editor has added certain observations; and he has
taken the liberty to arrange those appendices in the mannerwhich he
believes best suited for ready use, adding to the other data certain
bibliographical information which scholars and readers have a
right to expect.
Attention is called also to the appreciation of Miss Brevard,

printed in the
teacher, who
sympathy and
It is most fit
to the People
Florida in the

first volume. This is the record of
knew her well and who has w
:ting that this History of Florida a
of Florida, for its gifted author
best sense and gave herself freely

a friend and fellow
written of her with

should be dedicated
was ever loyal to
for the intellectual

advancement of its youth. It is the hope of the editor
Florida State Historical Society that these volumes, whi
honor to publish as a memorial to Miss Brevard, may i
monument "more lasting than brass", and testimony c
regard in which she always held the people of her native

and of
ich it i


s an

c to her a
f the high
state. It is

regretted that the work did not have her final revision.
The editor wishes to express his gratitude toward Mrs.Jane Brevard
Darby, of Tallahassee, Florida, for the generosity which prompted
her to allow the publication of the manuscript of a beloved sister.
Thanks are due also to the Librarian of Congress and his corps of able
assistants, who have been untiring in their efforts to further this
work, especially to Mr. Frederick Ashley, Mr.Charles Martell, and
Mr. C. K. Jones; to officials of the Adjutant General's office of the
Department of War; to Mr. Edward S. Ayer, of Chicago, for per-
mission to use the treasures of the Ayer Collection of the Newberry
Library, to the Curator of that Collection, Miss Clara A. Smith, and
to other members of the staff of the Newberry Library; to Dr. J.
Franklin Jameson, of Carnegie Institutioni of Washington, the Dean
of American historical scholars, for encouragement and advice; to
Dr. John G. Thompson, of Washington, who read the chapter on
Banks and made pertinent suggestions; to Mr. John B, Stetson, Jr.,
of Elkins Park, Pennsylvania, for his continuous and hearty encour-
agement; to Mr. Julien C. Yonge, of Pensacola, Florida, who had
the kindness to read the proofs of these volumes, and who made
[v ]

many valuable suggestions; to Dr. Thomas P. Martin, of the Uni-
versity of Texas, for his kindness in reading several of the chapters;
and to all others not mentioned here from whom help has been

Washington, September, 1914.

J. A.R.


^r -

Caroline Mays Brevard, who merits especial distinction as one
of Florida's historians, came of French and English ancestry. Her
paternal family sought a home in the colony of Maryland immedi-
ately after the revocation of the Edict of Nantes, when Jean Brevard,
a staunch Huguenot, settled there in i685. From him descended a
line of patriotic Americans who took part in almost every struggle
for liberty in this country, including that of 1917, when Dr. Ephraim
Brevard, of Tallahassee, Florida, was Chairman of the Exemption
Board of Leon County, and his sister, Caroline, taught the young
enlisted men of the same city.
Jean Brevard became very prosperous in the new,western country,

and in his colonial home there grew up some of the
cates and defenders of an independent government.


in the Continental Army, and one in the


strongest advo-
He had several
incial Congress.

son, John Brevard, moved to North Carolina about 1740 and
his influence was manifest in that aggressive colony; for his
Ephraim, was chosen to write the Mecklenburg Dec tion a
before the writing of the world-famous Declaration of r176-
om the Brevards in North Carolina came prominent physicians,
rers, and jurists, one of whom, Theodore Washington Brevard,
ed to Alabama. He won so largely the confidence of the people

there as to hold public office at their hands; and it was in Alabama
that his son Theodore Washington, Caroline's father, was born. In
1847, Theodore, Sr., moved with his young family to Florida, and
there he established himself in the confidence of a third state, for he
became its comptroller for one term. Later, he returned to the old
family estate in North Carolina; but Theodore, Jr., was so much
interested in the new state that he remained there and became a per-
manent factor in its history. As schools were not yet well estab-
[ xn ]

lished in Florida he was educated in the University of Virginia.
Upon his return he was admitted to the bar and, in x858, was
elected a member of the general assembly. Before that body he made
fearless recommendations for the new state, when the agitation
foretelling the approaching war began. When yet a very young man
he became adjutant-general of the state, but at the outbreak of the
Civil War he resigned that position to enter the confederate ranks.
In that great struggle he rendered conspicuous service, and earned
by actual merit his appointment as brigadier general. At one time
he was a prisoner of war, having been taken by Custer, and was in
Washington, D. C., the night President Lincoln was assassinated.
After the war he returned to Tallahassee and engaged in the practice
of law, but was urged so strongly by his friends to represent Leon
County in the state legislature, that he yielded, and again rendered
valuable service to his state through the reconstruction period. He
married Mary Call, daughter of Governor Richard Keith Call,
through whose lineage Caroline's English blood was derived; for
Governor Call traced his family history as far back as Edward II.
In early colonial days Daniel Call, his brother William, and their
descendants, built up a large estate in Virginia, where the family
prospered for more than a hundred years. One of the sons, Richard
Keith Call, was a personal friend of Washington, and an original
member of the Society of Cincinnati. His nephew, Richard Keith
Call, son of General William Call of Revolutionary fame, moved to
Kentucky when a mere lad, and he it was who later became con-
nected with Florida history. In 1814, he was a volunteer aid to
General Andrew Jackson, and through a series of promotions rose to
the rank of general. From the day his service with Jackson began, he
was with that invincible leader in every military expedition he
made. Richard Keith Call was a member of the commission sent to
Havana, Cuba, to secure the archives upon the purchase of Florida
from Spain. He afterward was sent as a delegate from Florida to
congress. During the years 1835-1836 he was in command against
the Indians in the Seminole War; during the years 1836-1839 and
I84I-I844 he served with distinction as territorial governor. From
his marriage with Mary Letitia Kirkman were born two daughters,


Ellen and Mary: the first of whom is well known for t
national and local interests she espoused, and for her piqu
ings; and the second for her graciousness of spirit, so ret
of the Old South.
Such a line of distinguished ancestors had Caroline Mays
eldest daughter of Mary Call and Theodore Washington

he many
ant writ-


She was born in Tallahassee, August '9, I86o, and spent her life
there with the exception of several years away at school and subse-
quent periods devoted to travel and study. As was the custom of
the time, she attended private schools in Florida and later gradu-
ated at Cleveland Seminary, North Carolina. Some years later she
studied in the University of Tennessee, Nashville, and in Columbia

University, Ne
subject, which
When the fa<

w York. Having been reared in a home and family of
, she early manifested tendencies to the pursuit of that
became her most distinctive lifework.
:ts of Caroline Brevard's life are revealed they show

that she was unusually versatile. As she possessed the faculty of
adapting herself easily to new situations, and had a remarkably
strong intellect, she was naturally much in demand in all public
movements, and became identified with many important organiza-
tions in civic, literary, patriotic, religious, and educational affairs.
More than one literary and historical society of her state sought her
leadership. She not only served as a member of the organizations
named below, but because of her ability held offices in many of them:
The Guild of the Episcopal Church, the United Daughters ot the
Confederacy, the Colonial Dames, the Audubon and National Geo-
graphic Societies, the Florida Historical Association, the Florida
Educational Association, the Woman's Club; and on one occasion
she was elected to the vice-presidency of the state organization for
woman suffrage. When the Florida State Historical Society. was
being organized in x919 and 92zo, she was naturally asked to become
one of its charter members and a councillor. Unfortunately, death
intervened before the necessary papers were ready for signature, but
the Society considers her as one of its charter members.
In the development of the educational work of Florida, Caroline
Brevard was a potent factor. For several years she was a teacher in


the Leon County High School, and at one time a teacher in the West
Florida Seminary. In 1915, she became a member of the faculty of
the rapidly-growing Florida State College for Women. In this last
capacity her versatility was again evident, for she seemed equally at
ease in teaching history, English, or French. As an influential and
beloved teacher she continued her work in the College up to the
time of her death, March 27, 1920.
Moved by the spirit of her illustrious family, Caroline Brevard
was a splendid patriot. During the recent European War, she gave
herself freely to all the activities within her reach. One wartime
incident, in particular, illustrates the part she had had in the educa-
tion of the boys of Tallahassee who had enlisted in the service. The
State College for Women, like many other institutions, started its
drive in the first liberty loan by building bonfires. Considerable cere-
mony was attached to this move and Caroline Brevard was asked to
lay on a fagot for the Tallahassee boys. She afterward remarked:
"It gave me great satisfaction and pride to do that, for every young
man in the group was either my relative or had been a student, at
some time in his life, in my classes."
With all her accomplishments she is best known as historian and
author. Her historical publications have been the texts for the
Florida schools, and her various manuscripts have been used as
original sources for local history. Among her publications are a
number of historical documents, and a History of Florida.' In addition
to this, she collected the material for the Florida Pageant, arranged
in 1917, by the national pageant director, and produced on the
campus of the State College for Women. Her history of the state is
so well written and so satisfactory for the purposes she had in view
that it has been the state text for twenty years-a rare compliment,
for while books are frequently read with interest for a longer time,
seldom is one retained as a school text for so long a period. Her
Geoyapby of Florida2 was written as the supplement to the geography
textbooks used in the public schools. Several of the recent popular
SA Hi arr ef Fklril, by Cr~im Maps Bawl, Minb Qw, sspp1 saM Ch )rsu am Ordtib
1f Flaid Cisil GCorwmt u H. E. Bmes (New York,Cincindti, [etc.], American Book Co., 1904).
This mpplemat of thirteen pages is bound with Alexis Evcrctt Frye's New GeyeA (Borton,
[ctc.], Ginn & Co., [C 1917]). The spplkmmtcary chapter was copyrighted by Ginn & Co. in g919.


songs about the state are modifications of her poem, "Florida, My
Florida". She completed and published A History of Southern Litera-
trms in I9o8; and in 1915 appeared a delightful book for children,
Around the Lightwood Fin,4 the material being the Indian legends of
Florida. In 1918, she received special praise for writing a CodeforMoral
Intrhuction in Public Schools, for which contest she was recommended
by the State Superintendent of Education, and in which many noted
educators of the nation took part. Her friends, colleagues, and stu-
dents are gratified over the present publication by the Florida State
Historical Society of the greater part of her more pretentious History
of Florida, which her untimely death prevented her from seeing through
the press herself. Other books yet in manuscript are a History of North
Carolina and American Hero Tales.
Perhaps the secret of Caroline Brevard's far-reaching influence was
her fine personality and her high ideals of womanhood and citizen-
ship. The Brevard home, situated in Tallahassee, and surrounded by
great oaks and magnolias, with its open door to friends and to
strangers, held in her person the gentlewoman, and at the same time,
the strong woman, beloved not only among companionable friends,
but also by the smallest child among the kinsfolk. She represented/
in the twentieth century the spirit of patriotism and independsan.
of her fathers. She endeavored to spread their ideals of culture. She
verified in daily life her own ideals of service, of reverence for things
sacred, of sympathy and appreciation, of courage in doing, and of
good cheer to all she knew. From the activities of home her interests
extended to those of the community, thence to the state and coun-
try. A daughter of the Revolution, a daughter of the Confederacy,
and a daughter of Florida! Her family name, already permanently
written in the history of North Carolina and Florida, she honored
with her own beautiful contribution to society and to the historical
literature of her state.
'* Lra, f Swth (New York, Broadway Pblishing Co., [c igoS]). Specific reercas to
Florida literature appear on pp. 187-188.
4 uAmdrsk Lght1 Fo(r chmnd, ,B. F.Johnson Pullihing Co., '9g).
Miss Ioagmire state that the High School Code compiled by Miss Brcvard was published as
a separate leaflet by the Character Educadn Institution, Washingo,D. C., in xg8. On the other
hand, the code for grammar schools compiled by Miss Brevard was not printed because the family
after her demise would not consent to certain changes that had been suggsted.-E.




> '
















The first
the boundary
Spain, in An
France surren
east of the M

Iberville and
of Mexico,' w
the two pow,
land by expr<
dered Florida
the Mississip
ary between ]

eat international agreement; which defined .crly
lin'sbetween the s ssessiQ ns ofRnh ldclf ] inn d
icrca, was the treaty of aBy this treaty,
er to Knld Ca reon, and all lands
ississippi from the source of that river to the meeting j
lie with it. From that point, the middle line of the /
of the lakes Maurepas and Pontchartrain to the Gulf/
ras defined as the boundary between the possessions of/
ers. The river and port of Mobile were c jded
ss declaration, and by the same treaty Spain surrn
to England, with all territory ast and southeast
p. Th Perdido River had until now formed the bound
Louisiana and Florida.)

Cormnplications arose from.the that on November 3, '762z, by a
secret treaty, known eighteen months later, and the terms of which
were to be executed in 1769, France had ceded Louisian to Spain.
By this treaty, North America was divided between England and
Spain, the Jine of division being the Mississippi River to its meeting
with the Ibervillr, and through lakes Maurepas and Pontchartrain
to the Gulf of Mexico.
Since the treaty of i761 was the first concluded, Spain based upon
it the Spanish claim to the territory beyond the Mississippi and the
Perdido. But the treaty which France executed with respect to this
territory was that of 1763. The conflicting claims of England and

Spain, with respect to these two p
sion of the Floridas to Spain.
By the treaty of England with
agreed that so-ltiteirn boundary
line drawn due east from a point in

owners, were settled by the reces-

the Unitd S Mr-i it was
OflthW United States should be a
the Mississippi in the latitude of

31 degrees north t tthcmiArle onf the river Apalrhirna, thence
~ -i.- 'b
The Westrn boundary, in the words of the treaty, "shall be fixed irrevocably by a line drawn
along the middle of the River Misissippi, from its souce, to the River Ikrrillc, and from thence by a
lioc drawn along the middle of this river, and the lakes Maureps and Potchartrain to the sea".-ED.

down the Apalachicola to its junction with the Flint River thence
the line of shortest distance to the head of-ett. Marys and
through the middle of the river to the Atlantic Ocean.' It is seen
that as the result of these treaties Spain held all territory south of
the line, for there is no evidence in the treaty of 1783 that Eng
had mae ontie recession of t&teritobry lying between
the Iberville and the Perdido ceded by France in 763. Spin retained
the division made by the English of East anLWcct Florida.
Scarcely any traces of English institutions remained in the prov-
inces. Yet the change of government did not bring about the return
of the old inhabitants of Florida under the former Spanish occupa-
tion. At St. Augustine few, except the Greeks and Minorcans,'
remained. For fear of the Indians, who were daily becoming more
bold, the inhabitants of the old city hardly dared venture beyond its
walls. Bella Vista, the handsome country seat of Governor Moul-
trie, a few miles from St. Augustine, was destroyed' by a band of
Indians soon after the English had departed. Many estates along the
b coast and the St. Johns fell into neglect and decay.
Some English families, it is true, remained. Some of the former
landowners, who had sought homes in the Bahamas, returned to
Florida, and settled near Mosquito Inlet. But Spanish policy was
narrow. The conditions required of settlers were such that few of
the English cared to accept them, and chose, rather, to remove into
the states of Georgia or South Carolina. That conditions were better
A acpqrea ride df the PorioimolaTresy betkwcm tae Uni s dS ofAmBri eand i
Maesya, coacuded Nowmbr 3o, z78, is asfomUows: "I is heby mrdaood ad aped tha hame
Great Briain, a the dce of the pre war, shall reomr, or be pot in ipauimo at West Raids,
the line at orh boodary bk~wen the aid prore ad te United Sashall e a li draw
the moah the riucr Y-M-, whe it ums th h she Miumippi, doe m, so die river Aptchi-
cola." This snkide was omitd id the dekiv tre y d 1783. In am-a im wih the Mary
iver, Lawrmence Shaw Mayo, T/h St.May's M A irw (privaely primed, [ sM-i.
copyright, g114]).-ED.
SMiss Breard reera to the coloais from Grece and Minsrca, who wen trasd ats New Says I
1767 by Dr. Andrew Trnboll. For rieg-ado --rdig shim iatereutiag ad --at m o s, a -
mrnard a.omn, A CGame NMm Hm rf Ba, a WFa P1M (New Yrk, i77), P s.-73
(which moa k ead critialy); John ItWilliam, H # T y # FToi.(New Yor 3
pp. 188-10; GeorRe .Fairbnks, H.t a iriad frk AChyg St. e h, Cew Ya,
858), pp. I69-7 (he wrongly iv Tnrobi's name as Nimas); Mn. Annie Aceah (admlar),
Th Uurn Hay efOld S/. Mg W. Dcwhrmz, The Hiny f Sim MpAtii, FP.ri (New York, :88:), pp. 1s3-rs; Charles Iey-
aolds, OU St. AuseMim (Sc. Auguisne, 8$), pp. 83ro0; Cari t Dog t, Dr. &A TMdusmd a
NM SrM Ceay FlP (Florida, The New Pm, 1919), with a mcellt bibliography, both
at mamcnp and priacd books-En.


in West Florida was in the
Panton4 in_ upholding coma
-On the ist of January,
O'Neill6 proposing a tr
He dffh'i as a ree people
protector; and they knew c

main due to the influence of William
e and developing industry.
784 MGillvray, wrote to Governor

* his tribe had the rieht to choose their

mfno on

poses better than "the sovereign
proceeded to show why it would b6
what he desired.
He said that the debts contract
United States amounted to more th
The court of Versailles had urged
necessity of paying the interest on t
to raise the needed funds, congress:
"striking alike the thirteen Unite
tinued McGillivray,


e who would
of the two Fl
: sound policy


answer ti
for Spain

icir pur-
He then
to grant

in Europe and America by the
i forty-two millions of dollars.
ipon the American people the
e debt due France, and, in order
had imposed duties and taxes
States. This expedient", con-

has produced so unfavorable an impression, that a good many of their citizens,
in order to escape from the burden of taxation, have abandoned their dwellings
for the woods, and have marched towards the Mississippi, in order to unite with
a certain number of disbanded soldiers, who are anxious to possess themselves of
a considerable portion of the territory watered by this river, and they proposeC
establishing what they call the Wesfrm Indepedece, and throwing aside the
authority of the American congress. The emigrants arc so numerous that, in a
short time, it is possible that they may find themselves strong enough to carry
into execution their scheme of separation; and, if they once form settlements on
the Mississippi, it will require much time, trouble and expense to dislodge them.
William Pan.n d sof hde hBnrish firs m FaP-m. i al & Co., which A mia the di
trade x .e for Tears. e-. .byPtoo, a adocumentsocng him and the
ae isrc in the Macmrip Diisio of ek Library of Coagres, ad in dithe Ayer Collection of
the NewbcrryLibary, Chicago. Of pel impaoearc t eaaiprom the ArciroNaional
de Cuba, which wr aade id dirctioa of Mi Eliab Howard We ow of the Sta iary
of Texas, blueprint ce of which are found in the above named libraries, as well as in the State
Library of Texas and the library other Wirmin State Hisormical Society. In the Aycr Collectio, the
Panton blueprint are in three bod volume etid "omaed ianx and Florida, Indian Trade", which
cover the years z783-x18; and ooc volume entitled "laisiana ad Florida, Cedulas y aOrd& s.io-
1807". The manuscripts have been let oo in the Libray of Co.-D.
SSee Amican Sate Pap s, Idia Ar4n, 2fr varioe Lws from McGillivray. Thie is an cxcel-
lent and unusual dMecripoai of this anC sdntig character in John Po es A T apS T SAmr
Wasn Sis sf N. biw Marq Sp sish Dnk iwu A & Mirr inirni, d t Flrid (lich-
mood, 79L), or its reprit (New York, 1888), pp. 47-5. Se also Richard Campbl, Hiarke
Shakbu fCekul FTMd (Clevelanod, tp), pp. g8-g9 Many M illivry manuscripts exist in the
Library of Copgres ad in the Aya Collection as well in varimoher colLctios in the United
States. Thease e mainly transcrips from Spanish and Cabn archives.-EB.
SSee Appendix L for lists of Eilish and Spanish govmsm in Florida.






/ He warned the Spanish governor that these Americans would en-
deavor, by every means in their power, to secure his tribe as allies.
Should they succeed, the result of their influence will be, that the Indians, in-
stead of remaining the friends of Spain, will become very dangerous neighbors,
and will assist the Americans in all the designs which they may form against
Pensacola, Mobile, or any part of the adjacent Spanish dominions; and of all
these things the Americans speak openly.7
The wisdom of conciliating the Indians needed little argument,
and the several tribes were invited to meet the Spaniards in a
"congress". This meeting was opened at Pensacola, May 30, 1784,
with imposing ceremony. In order to give as much dignity as
possible, the overnor of Louisiana, Est6ban Miro, and the intend-
ant, Navarro, were present, as wel Nill vrn
Florda. Presents were given, compliments were paid, and a treaty
o alliance and commerce was concluded. McGillivrav received the
appointment of commssary general of his tribesalar
not ess a month. The congress was adjourned
on the 6th of June, with feasting an a distribution of brandy and

On June zz, another congress was held at Mobile, where the Span-
iards met the Chickasaws, Choctaws, Alabamas, and other tribes.
The warriors brought with them their wives and children, all of
whom were generously entertained. As at Pensacola, gifts were
lavished, compliments were paid, and a treaty of commerce and
alliance was concluded. One clause of the treaty of Pensacola also
inserted in the later treaties, must be noted. By this as the
Indians renonnesr thd nrtm jf rh;eg --- -a nf nsnlaving
white prs ners; in case of prisoners taken in consequence of any
war breaking out,-they bound themselves to treat those prisoners
with the kindness to which they were entitled, in imitation of the
customs of civilized nations. They reserved to themselves the privi-
lege of exchanging them for an equal number of Indians or of raceiv-

ing for their
attempt upon
The Indian
owned within

ransom the goods agreed
their lives.
I nations were confirmed
n Spanish dominions; and


without making any

in the possession of lands
should they be deprived of

7 See this letter in GayarrC, Hisa' orjf ImiNe (New Orlean, 19o3), mI. $7-S9.-E-n.


these by the enemies of Spain, they were to be granted elsewhere in
Spanish territory the same extent of equally good lands. Minute
regulations as to trade were agreed upon, and the Indians were to
be protected against dishonest practices on the part of traders who
should be permitted to bring goods into their settlements.
As a result of these treaties, William Panton at Pensacola and
-James Mather at Mobile were .i r h, rivilee nde cg-ain_
conditonsJu' s needed for the ndian trade. Since
such goods could be obtained at better advantage in England than
elsewhere, the ships of Panton and Mather were permitted to enter
English ports-a liberty, however, interfered with by a decree of
the court of Spain, in August, 1786. Panton and Mather strongly
remonstrated against the restrictive decree, and stated that unless it
were repealed they would remove from Spanish territory. Navarro
and Miro,' in a joint despatch, sustained the remonstrance of the
two merchants, and showed the importance of keeping up an exten-
sive Indian trade. Accordingly, the restrictions were removed and
other privileges were granted.
-, Early in the year 1793, France declared war against Great Britain
and Holland. Washington issued a proclamation of neutrality.
About the same time, Edmond C. Genmt, the minister from the new
republic of France, landed at Charleston. He at once began to fit out
privateers to prey on the commerce of Great Britain, to enlist Amer-
ican citizens in the service of France, and, in brief, to ignore the
proclamation of neutrality. His plan was, under authority from his
government, not only to form a close alliance with America, but to
Esban Miro was civil and military govror of Loisiana and West Florida, 1786179I, return-
ing t Spain the late year. Upo Martin Navarro's return to Spin in 1788, Mir also aced as
intendant. He encouraged ad agonized trade relations with the Indians and d emigration
from the wes par of the United Stae, specially to West Florida. He was intima with ad in-
trigued with Genral Wilkinson for the separation of Kentucky from the United Sate, although later
Scoldness developed between the two men. With Diego Gardoqui his relations wre not cordial. His
and Navarro's joint despatch motioned in the text was dated March 14, 787. Martin Navarro, the
incndant, ms of por tavern keeper, had come to Louisiana in :766 with Governor Antonio
de Ullo. During Glves's campaign, he took charge of civil affairs in Iouisiana. He feard and was
hatile to the Amrican. See Gayarrt, at sur, BI., pssue, and Justin Winao's Tk Weuw Mammrt
(Bama and New York, x897), pssim, for information relative to both mn. For original material,
se also the following works: Amsm HismkJ nk. O, Otokrb ro9. and January, g91o; Louis
Hook, Spikb UIMe M Mirsmni (Chicago, 909g); and the Guides published by the Carngie Insdi-
tution of Washingon, compiled by Dolum, Hill, Pere, and Io. Manuscripts (mostly tran-
scripts) will be found in the Library of Congress, the Aye Collection, the Dcpm Archives and
History (Jack Mississippi), and in various other places in the United Stuas.-En.


come into close relation with the frontiersmen of the Mississippi
Valley and, by their aid, attack the Spanish possessions in Louisiana
and Florida. Canada also was to be won for France.
By the admirers of the French convention, Genat was received as a
hero, and his journey from Charleston to Philadelphia was signal-
ized by a series of ovations, as flattering to "Citizen" Gen&t as they
were compromising to American dignity. At Philadelphia, he took
issue with the government on several points, even appealing to
congress and the people against the administration. French sym-
pathizers in the United States organized societies for the purpose of
aiding the revolutionary movement in Europe. Encouraged by such
sympathy, as well as by the course of the revolution in France,
Gen&t defied all diplomatic restraints. The President and his advisers
were insulted, military movements against the Spanish dominions
were organized, and other acts of insolence were committed.
Finally, his recall was requested. As his party in France had already
lost power, his successor followed a different line of policy.
Having thus briefly reviewed Gen&'s aims and policy, we may
see in detail what were his plans regarding Florida. One expedition
under Colonel Samuel Hammond of Georgia was to attack St.
Augustine; another under William Tate of South Carolina was to
co-operate against Louisiana by the Mississippi. Detailed plans

were made
sion of all
the Spanis

* and instructions w
needed information
h towns and forts.
of these hostile p1

governor of East Florida, and

ere given. Mangourit was in posses-
as to the conditions and resources of
Despite efforts to preserve secrecy,
reparations came to the ears of the
he at once remonstrated with Gov-

ernor Matthews of Georgia. Governor Matthews forbade Georgians
to join in any of the expeditions against the Spanish possessions, and
Washington sustained his authority in forbidding the invasion.
Gen&t's successor, Fauchet, forbade Frenchmen to violate the neu-
trality of the United States, and ordered the termination of Ham-
mond's expedition. These prohibitions came none too soon.
On May to, x794, Fauchet reported that no troops were at the
La pas de la Floride crot de la pls grande utility i la Frace mot k men de la ame.-
epto Adembly of Leaders d the Expditio a Charlesmo, March t9, '794 in the "Mmsqit
Cotrapodcac", in A.-. iptf kt Ank Hitsie Ass1ai7, 1897, p. 630.


St. Marys-the rendezvous for the attack

there were about two hundred
Clarke was reported to have
fifty to three hundred men on
had gathered for the purpose,
in middle or western Florida.
correspondence give evidence
Panton and Leslie, and of the ii
for the success of any scheme. h

on St. Augustine-but

d in the interior. On May 6, Elijah
in command from one hundred and
the Georgia side of the line. These
it was supposed, of attacking points
Several passages in the Mangourit
of the high respect entertained for
importance of securing their goodwill
4cGillivray, likewise, was to be con-

ciliated and his influence gained for France. For the merchants
(Panton, especially) and the chief, McGillivray, were strong factors
in the upholding of Spanish authority-stronger, indeed, than the
accredited government representatives.'
We must again consult our boundary lines. The treaty of peace
between the United States and Great Britain in 1783 had described
the southern boundary of the United States as follows:
South by a line to be drawn due east from the determination of the line last men-
tioned ion the Mississippi], in the latitude of thirty-one degrees north of the
equator, to the middle of the river Apalachicola or Chattahoochce, thence,
straight along the middle thereof, to its junction with the Flint river; thence,
straight to the head of the St. Mary's river; and thence, down along the middle of
St. Mary's river, to the Atlantic Ocean. N
The proclamation of the king of England in 1763 had described the
boundary between, the Floridas and Georgia as beginning on the
Mississippi, in latitude 31 degrees, north of the equator, and run-

ning eastwardly to the Apalachicola; thence,
cola to the mouth of the Flint; thence, in a
source of the St. Marys River, and down the St
After Spain had received the Floridas from

treaty of
it was agi
the Floric

arose htwe* S t in t thn TUnir
. Tisl ed to the tret of October
San Lor iQ Ral. By the second
ted that the boundary line between t
as should be d signated by a line be

along the Apalachi-
straight line to the
Marys to the ocean.
Great Britain, some
taWs garding the

article of this treaty
he United States and
ginning on the Mis-

sissippi River at the thirty-first degree of north latitudeC tsicc,
due east to the middle of the river Apalachicola, or Chattah hac-

" See Appedi II. for details relative to French plans for the stizurc of Florida.

thence, along the middle of that river to its junction with the Flint;
thence, straight to the head of the St. Marys River, and down the
middle of the St. Marys River to the ocean."
The third article of the treaty provided that a commissioner and
surveyor should be appointed by each of the contracting, tljO
run and mark the boundary. Thcy were to keep journals of their
proceedings and make plats, which were to be considered part of
the convention, and have the same force as if inserted in it. Andrew
Ellicott .was-appod commissioner, ad Thonm s lFrcmlp, sur-
vcyor, on the pan of the United States, the appointment being made
in May, 1796. Major Minorm wascommissioner on the partunSpjin.
Much criticism was afterward made of the work of the com-
missioners. It is but just to note their instructions from the depart-
ment of state:
In contemplating the mode of carrying into execution these two articles which
respect the southern boundary, it has been considered that the country through
which the line is to be run belongs, for the most part, to the native Indians, and
is, of course, a wilderness. Hence many difficulties may attend an attempt to run
and mark one continued boundary line from the Mississippi to the St. Mary's.
Nevertheless, if the Indians will allow it to be done, and the nature of the coun-
try admits of it, you are to run and mark such a continued boundary line. If the
Indians are averse to the measure, and oppose your proceeding, you must stop as
soon as you find a further advance would hazard your safety, or a breach of our
friendship with any tribe. But the Creeks have expressly stipulated a free passage
of the Commissioners, and their followers, to run and mark the boundary line
through their territory; and the Choctaws probably may, on the application of
the Commissioners, also give the like permission as it respects their country.
However, if either the opposition of the Indians, or the impracticability of the
country itself, through which you must pass, should render the running a con-
tinued line impossible, or extremely tedious and difficult, then the next est
thing must be attempted; that is, accurately to fix the latitude of the boundary
line at the eastern bank of the Mississippi, and to run and mark the line then
as far eastward as the Indian title has been, by any regular and lawful means,
On the booudaries of Florida, me Andrew Ellico, JJd (Philadelphi, 1803); Jams A.
Robersoo, Lsmiim ~ we SeS, Frmu, ad tk Usdi Star (Cleveland, g911), I. 7-75. 364, II. i4o,
ote 61; Iuac J. Cox, The Weu Fritd Caory, inr-sint (Baltimore, 1913). p 3163; B. A. Hios-
dale, 'The Establishment of the first southern Boundary of the United States", in A M Refr ef she
AvWrse Himssrk Aun e, 8 193, pp. 331-366 (especially pp. 331, 332, and 3o).-Eo.
Stphen Minor,of Pcnsylvania,actwd fw many ycaras surveyor and agent for Spin. Fa inform
tion regarding him, se Ellicott's J]Mr and Awki Himstakl Irsw, October, o90,, p. 81, oote 66
(where other references are given). For manuscrips by or about him, se the Carnegie Guides mn-

timed above in note 8. Tr

ancrips of manucripcs will be found in the collecioas msetiomed in that

[ zo]

extinguished, either under the British or Spanish Governments. If the Indians
and the nature of the country permit you to proceed further, you will go on as
far as it shall be practicable. And if, from any cause, you are obliged to leave any
part of the line unsurveyed and unmarked, you will at least ascertain where it
strikes the great rivers, from the Mississippi to the Apalachicola.
From the junction of the Flint river with the Apalachicola, the boundary line,
ceasing to be a parallel of latitude, must, if possible, be run and marked through
its whole course, to the head of the river St. Mary's.
So far as the boundary line is a parallel of latitude, you will ascertain the same
with all practicable accuracy, and erect permanent monuments of stone, where
attainable, and at other places, of earth. And in the latter case, it may be
eligible to plant in the ground large posts of cedar, or other durable wood, two
or three at each monument, in the range of the line, and to bury them up with
several feet of earth, so that by being concealed they may not be removed, and
by an exclusion of the air, they may not be liable to rot. The mounts of earth
may be oblong in the range of the boundary line. Where cedar or other very
durable wood is found, a large post may be erected in the centre of each mount,
standing above ground, with the words United States cut on one side, and Flwida,
or Spanisb-Florida, on the other.
From the Apalachicola to the head of St. Mary's, you will, at convenient dis-
tances, erect the like monuments of stone or earth.
In every continued line through a wood you will designate the same by marked
trees, as usual.
The longitudes of all the places where monuments shall be erected are to be
ascertained with all possible exactness."'
The work was to begin at Natchez on the zsth of October, 1796,
but, owing to various delays, did not actually begin until March,
1798. Mr. Ellicott spoke highly of Major Minor, of his prudence
and sound judgment; for The other persons who represented Spain
he had less respect. Of Governor Gayoso he wrote from Darling's
Creek, November 8, 1798, as follows:
Governor Gayoso has evidently been brought into a co-opration very re-
luctantly, and certainly has no desire of having it pushed. Mr. Power, a gentle-
man well known for his intrigues in Kentucky and other parts of the United
States, is the surveyor on the part of the crown of Spain; he has attended but one
week on the line, and I do not believe that he will attend another, during the
execution of the work. He has, however, employed a deputy, who is Mr. Daniel
Burnet, the same person who carried Mr. Hutchins's papers to Congress last
winter; he has yet behaved very well. The others employed, Major Minor
excepted, are of little consequence, except to disorganize and talk politics. The
acting commissary is a Mr. Gensack; he was taken by the British at the Cape,
and carried to Jamaica, from whence he made his escape to the United States,
'sSaSe. Doec., No. 467, st seas., 6achcong. (Waahingtom, 9o8), Bondary Line been Florid
and Georgia", pp. 61, 6s.

where he found safety, but, in the true character of his nation, he equally hates
both Americans and British: he is sullen, reserved, and intriguing. There are no
Spaniards concerned in the business, but a few of the common soldiers. Major
Minor and Mr. Burnet are Americans; the others, including the laborers, are
generally French, or descended from French ancestors, or Roman Catholic Irish.
When I look over this strange heterogeneous collection, I cannot help asking
this question: "Can the Spaniards really be serious in carrying the treaty into
effect?" If they are, it is very extraordinary that there is not one of that nation
employed above the rank of a common soldier.'4
Nor was he any better pleased with the American surveyor, "the
only idle person on the part of America"; and whose "want of in-
formation, extreme pride, and ungovernable temper", the commis-
sioner said, furnished the Spaniards with weapons.
The relations between Spain and'the United States demanded care
and tact; for there was more or less friction between American citi-
zens trading on the Mississippi and the subjects of Spain. Many be-
lieved that Spain favored plans for dismemberment of the union of
the American states. To what extent General Wilkinson was involved
in those plans does not fully appear. He visited Ellicott's camp, and
the commissioner considered his conversation on the state of public
affairs entirely correct. He recommended the dismissal of Mr. Free-
man, whose correspondence with a Captain Guion, Wilkinson be-
lieved, came within the meaning of the late sedition law. This
advice was agreeable to the views of Mr. Ellicott and was promptly
followed. But the general's presence caused alarm to the Spanish
governor, who ordered the militia of the lower portion of Louisiana
to be armed immediately. It may be added that Mr. Ellicott com-
municated to the President a number of letters and papers bearing
upon Wilkinson's conduct at this time.
SThe entire letter appears in Amrican State Paprs, I. 710-711. In regard a Manel
Gaymo de Lemo, see Gayart, a sapr, mI., pari; and Hoack, Spaids 215d iM Mismr (Chiatgo,
g19o), pus. Sec alm EllUct's remarks called forth by the death of Gaymo de Lemo (JmuL
pp. s1-1x6). His death Ellicot considered "a great oa r w rnrm dctid s cocod in the
Miuippi trade, to whom he paid particular attention. He was fod of show ad parade,
which he indulged to the great injury of his forne, and not a little his reputati as a paymaster.
His fMdes for parade showed ilf in all his transactions, but in nothing more than the ordinary
basiess of his government, to which, method and system, were too geasmally sarihed." Th Th
Powers mntiomed in Elicot's letter was an Irishman who had become a naturalic d Spanish citi
in Spain. Professing to be a naturalist, he ered his adopted aontry in varos capacities, ypeally
in the negotiations with Wilkinsom. See Gayarr, a ssw, m. 346, 358-364, ad Wiaor, Wuran
Ma .n, p. 553. See "A Sketch of the Life of Maor Andrew Ellicott" by Mrs. Sally Kennedy
AledaJr,in r rdC COlM HidswalSWy,April, 8,In.(Washingmon, 1899), sS-n.-E-.

[ z]


Excepting for the towns of Pensacola, St. Augustine, the fort of
St. Marks, and a few small settlements, the Floridas were in the
possession of the Indians. These people regarded the work of the
line commissioners with surprise and suspicion. Seminoles and
Creeks were so excited as to make it necessary for the commissioners
to secure a safe conduct from Governor Folch, of West Florida,
before beginning the survey.
Colonel Hawkins, agent for the Indian tribes south of the Ohio,
had entered into a private obligation with Governor Folch for the
mutual protection of their respective people. When, however, he
arrived at Pensacola with Mr. Ellicott he was greatly surprised to
find several hundred of the Creek nation awaiting an audience with
the Spanish governor. Hawkins and the commissioners were invited
by his excellency to attend the meeting, but they declined to do so.
It happened that the Creeks were much dissatisfied with the result
of the conference. They called upon Colonel Hawkins afterward
and angrily demanded presents to a large amount from him; since,
they said, if he had not come to Pensacola, Governor Folch would
have given them all they asked for, as they had come by the gov-
ernor's invitation. But Colonel Hawkins gave them no presents;

instead, he reproved them and ordered them to return hon
diately, and so to behave themselves as to merit the favor
section of the United States government.
Governor Folch promised to send runners among the Sen
prepare them for the coming of the commissioners and sec
passage through the country. But the news carried by the t
if runners were-snt--seems to have had only the effect of
hostile sentiments; so that when the commissioners arriv

c immc-
and pro-

linoles to
ure a safe

ed at the

first Seminole town they were robbed of their horses, and their lives

were threatened.
the St. Marys. A
his view of the
warriors for the

At this time, Mr. Ellicott decided to descend the
make the circuit of Florida by water, and ascend
letter from Colonel Hawkins to a sub-agent gives
situation. He requested of the agent fifty arned
protection of the line commissioners, whose path

"the rogues of the neighborhood, aided by those of the Seminoles,
were determined to annoy". The warriors chosen to protect the
[I 33

- c -

commissioners through the country were to have each one "chalk"
a day, and provisions while on the way.'s
In the letter above cited, Colonel Hawkins writes as follows of
the commissioners and the methods pursued by them:
It is not yet explained to me why the commissioners made a halt of three
months on the Chattahoochee. You know how seriously I pressed them not to
remain more than two, and that in that case they might proceed in perfect
safety, as they would be moving in the season of the BEas-ku-tab," when all the
discontented would be attending on the ceremonies of the annual festival, which
always occurs in the month of August.
The baggage I saw at Ko-cn-cuh was great, and I was surprised to see Ameri-
cans, who have been accustomed to travel through the woods, encumber them-
selves with such unnecessary and useless baggage. One fact I will relate. The
flat irons, alone, for the commissioners weigh xSo lbs. and it takes four horses to
move Mr. Ellicott's washerwoman.
I did not like him to leave the escort, but when in a time of great hazard
which excited a momentary alarm, he declared that his instructions did not
warrant his repelling the mischief makers and plunderers of his camp by force,
I saw the necessity of getting him off by water as fast as possible, with his im-
mense and unwieldy accumulation of baggage. I am here with the escort and
all will be safe. The governor of Pensacola did not as he promised send runners
to the Seminoles, and everything was left for Major Minor. There is
another interesting fact, which, if true, will embarrass. I have received from
London an account of Bowles leaving there for this country, countenanced by
that court, and the Seminoles have heard of it. This gives activity to the thieves
and mischief makers.
The good faith of the Creeks, as well as their administration of
the law, is shown by the "talk" of Tustenuggee-Haigo with Colonel
I, Tustenuggec-Haigo, am ordered to bring you these sticks. It is the way of
the red people when they punish any people to do it with sticks, and then send
them to those interested in the punishment, and throughout the land, to pro-
claim the deed done. The Talassee people who violated our laws by insulting
and plundering the commissioners of Spain and the United States, have returned
to this town. When this act was done you were present, and you told the com-
missioners the whole nation must not be blamed for the conduct of a few rash
s Volume IX. of the CollCCtions of the Gargia Historical Soci s entitled Latt rf oujMIU
Hftkoui, 17 zSeE (Savannah, 1916). The letter cited is no in this volume, which contains short
account of the life of Hawkins. See also Abualom H. Chappell, Mi/MUSi 9f fGawi (Columbus, Ga.,
1874), pp. 973. One "chalk" was equivalent to tweaty-fiv cnt.-ED.
'The booa-ke-tah (boc-ke-tau, boo-ke-tuh) was the annual corn festival or ceremony of the Creek
Indians, which was held in July or August. It gCnarally lasted four or eight days, according to the im-
portance of the town in which it was celebrated. See Benjamin Hawkins, Skhb f thf 4 kt camwh a
(New York, 1846), pp. 75-78.-ED.


men, that the chiefs were not present to answer for themselves; but you answered
for them, that they were strict and might be relied on to fulfill their promises
and to punish those who violate the law of the nation. You sent this talk to
Ochc-Haigo, and called on the chiefs to punish the guilty at once, or ruin would
come on our land. We have taken your talk and see no time to be lost. Oche-
Haigo called a meeting of the chiefs, and they agreed that the leaders should be
punished, their houses burnt and property destroyed. Six days past, seventy-two
chiefs and warriors met at Tookaubatchie and marched to put their threat into
effect. We marched thirty-three miles, through hilly and stony land, and
camped near the house of the head leader of the mischief makers, and at day-
light surrounded his house. He defended himself, but we pulled down and
set fire to his house. We beat him with sticks until he was on the ground as a dead
man. We cut off his ears and a part of his check. We killed all of his fowls and hogs,
and broke all the pots, pans, spoons, and furniture of his house. We went on to
other houses where we beat and killed in the same manner. After this stick is
delivered to you, it will be delivered to other warriors of the lower towns quite
into the Seminoles to Micco-Suckie, and thence as low as a warrior can be found.
Two hundred warriors instead of fifty responded to the call for an
escort; and there was no further violence.
In September, 1799, hostile disposition and attempts on the part
of the Indians caused the commissioners to give up their plan of
extending the line from the junction of the Chattahoochee and
Flint to the head of the St. Marys. They decided that as the western
point was the junction of two rivers, no mistake could be made in
locating it; and that by ascending the St. Marys to the head, and
permanently marking the spot, so that between the two points the
line might be run at a future day, all that was necessary would be
done. Accordingly, therefore, they sailed around Florida to the
mouth of the St. Marys, ascending the river to the place where it
issues from the Okefenokee Swamp."I was one," writes the Ameri-
can commissioner, "who traced it up to the junction, and slept two
nights on the margin of the swamp." On the t6th of February,
1800, they reared a mound of earth, on the west side of the outlet of
the stream, as near as possible to the edge of the swamp. As the
swamp was impenetrable, it was agreed that the termination of a
line supposed to be drawn north 45 degrees east 640o perches from the
mound they had erected, should be taken as a point to which, or
near which, a line should be drawn from themouth of Flint River;
that this line when drawn, should be final, and considered as the
permanent boundary line between the territory of the United States


and that of Spain, provided that it, passed not less than one mile
north of the mound; if, on experiment, it should be found to pass
within less than one mile north of the mound, it should be corrected
to carry it to that distance.
The American commissioner liked the Spanish party no better
now than he had done at the beginning of the work. "The Spanish


r-y", he wrote,

propose returning by Philadelphia and Pittsburg. What their views are I know
not. Mr. Power has been so long in the habit of intrigue and duplicity, that he
is only at home when in the midst of confusion. His former residence in Phila-
delphia procuring him an extensive acquaintance with the partisans of France;
and though he has been appointed Surveyor on behalf of his Catholic Majesty,
he never attended to the business but one week: his employment has been very
different, but fortunately without much effect. The boundary has actually been
executed by the United States, and would have been done at a much less expense,
had no oth power been concerned in it. From a suspicion, which I think was
well-founded, I was at all times able to complete the work without the aid of
the other party; and had it not been for the numbers and firmness of my people,
at the mouth of Flint river; my journal (and there is no other) with all my docu-
ments, and public and private correspondence, with the whole apparatus, would
certainly have fallen into the hands of the Indians. The other party had previ-
ously divested themselves of every article of value which would impede their
fight, and remained without force or apparatus, except an old surveying com-
pas, which for some time had a wooden sight. Infinite address has been practised
with my young men, and the commanding officer of my escort, to make them
troublesome; but a remembrance of the decided measures I had taken on a former
occasion has kept them within bounds.
This expedition has taught me a useful lesson. I was always pleased with our
Government: I now think it perfect. I can now see the difference between a
Government whose basis is the people, and one supported by intrigues, duplicity,
and parade. In the former, man feels his dignity; he is open, candid, and honest;
but in the latter, he becomes a jealous assassin. When I look back and see the
difficulties with which we were surrounded, and the dangers by which we were
menaced, I feel conscious that our success has been owing to good fortune. The
report which was handed in by Mr. Gillespie and the Spanish Deputy Surveyor,
that "the St. Mary's did not head in the Okcfenoke swamp," is incorrect.

Apprehensions with respect to
That active trouble maker had
capacity with affairs in Florida
Marylandand entered service in

Bowlcs were but too well founded.
been connected in more than one
for some years. He was a native of
the British army at the age of tlr-

' Scc Ellcon's letter to Scretary of State Pickring, of March n, S8oo, in Sen. Doc., No. 467,
Ist css., 6oah coag., pp. 62-63.--E.


teen. The next year we find him in Jamaica serving as ensign. Soon

after this he went with his regiment to Pensacola. Here, as push
meant for some Of insub r tdioation- he wa dep"4l t4 his r n
Having no mind to submit to discipline, he threw his uniform int


conduct of Bowles, does n
well received in London, ai
On their return to America
art of navigation, began a
ton. He captured some of 1
whence their merchandise

lot appear. He and his delegation were
nd valuable presents were given to them.

, Bowles, h
chese vessel
was carric

nation. By the distribution of these
former popularity among the Creeks

having taught his warriors the
ig war on the vessels of Pan-
Is and ran them into bayous,
-d to all parts of the Creek
goods, Bowles regained his
to such an extent that he at

last ventured to accuse McGillivray of treachery to
attempted to usurp his place of influence.

them, and

the sea, and betook himself to the Creek country, where he soon
learned the language of the Creeks, married one of their women, and
became a great favorite with them.
When Pcns laco was besieged by Galvez, Bowles led ayaty. of
Creeks to the ton's '; by reason of which service he re-
ceived ,fn! _rrr for fs_ offens-s, and was returned to favor with
the English. He seems by that time to have wearied of life among
the Indians; for, after the fall of Pensacola, he did not return to the
Creek country. We find him soon at New Providence, where he
joined a company of traveling actors. His was a versatile genius,
and sometimes he made his living by painting portraits.
Lord Dunmore, governor of the Bahamas, appointed Bowles
English agent to establish commercial house on the Chtthoo-
chee,"t at should co et with Pntonan d Lslie for the Indian
trade. But the power of McGillivray had not been reckoned with;
and when that chieftain learned of the intrigues of Bowles against
Panton and himself, he ordered Bowles to leave the Creek country
within twenty-four hours. On his return to New Providence he was
sent to England. by Lord Dunmore with a delegation of Creeks,
Seminoles, and Cherokees, to enlist the favor of the government and
its assistance against the Americans.
To what extent the English government was responsible for the


But McGillivray again defeated his plans by going to New
Orleans and arranging with Carondelet for the capture of Bowles.
The governors of Louisiana and West Florida had received instruc-
tions from Madrid to seize Bowles with his supporters, unless he
could be bribed into an alliance with Spain; for the talents of this
remarkable, but dangerous, adventurer were fully recognized by the
Spanish government. Carondelet secured his arrest, and sent him
first to Havana, thence to Spain, while two of his accomplices were
sent to Havana. Carondelet urged upon the government the im-
portance of preventing Bowles's return to Louisiana or Florida if the
tranquillity of those provinces was to be preserved.
Bowles was imprisoned at Madrid, but was treated with marked
kindness. He was offered his liberty, a high military commission,
and a large sum of money if he would forswear allegiance to Eng-
land, and use his influence with the Creeks in behalf of Spain. He,
however, resisted both inducements and intimidations, and was
consequently transported to the Philippine Islands. There he re-
mained until February, i797, when he was ordered back to Spain.
The ship on which he was making the voyage stopped at Ascension
Island, where Bowles managed to escape, and made his way to
Sierra Leone. There the British governor gave him passage to Lon-
don, where he was generously provided for 'by Mr. Pitt and the
Duke of Portland.
But the call of the New World was in his ears. He returned to
America to resume the career of a buccaneer in the gulf. When
Ellicott reached the mouth of the Apalachicola on his way around
Florida, he found Bowles on St. George's Island with the officers

and crew of a British man-of-war, the vessel itself 1
with everything on board except some ammunition
of goods. Ellicott was eight days with the party,
twelve hundredweight of flour and three bags of ric
self many courtesies. Bowles in conversation spoke

having been lost
and a few boxes
and gave them
-, receiving him-
of the Creeks as

his people, his nation. He said that in the name of his nation be had
demanded the evacuation of the fort at St. Marks, and if it were not
given up immediately he would take it by main force. He further
said that if he had reached Florida sooner he would have taken the
C 81

Spanish commissioners and their party prisoners; for he had for-
bidden the king of Spain to run the line. All of this was reported by
Ellicott to Hawkins, who, in order to learn more of Bowles's plans,
must await the return of certain of the Creek warriors from a "talk"

with th
The c
terms o
that he


nference to which the chiefs had been invited was largely
Seeing that the Creeks were determined to adhere to the

f the treaty with the United States, Bowles assured
was the friend of that government and would do noth

injure it. The influence of presents won the favor of a few; but
plain that his power with the Creeks was a thing of the pas
Bowles resolved to seek alliance with the Seminoles, and to
Florida the scene of his operations. He therefore made his
quarters near the mouth of the Apalachicola. On account
loudly uttered threats against the United States, arrangement,

ing to
it was
t, and
of his
s wcre

made for bringing military forces to meet him should he appear
again on the American side of the frontier.
Hawkins wrote frankly to Governor Folch, while assuring him
of his intention to do all that was possibleto preserve the friendship
and correspondence existing between Spain and the United States.
His excellency and the commandant of St. Marks professed willing-
ness to make common caius -wii tliT Amei cans, but with a strange
indifference took no steps to prevent Bowles establishing himself
with the Seminoles.
MceiiLr zq, who had formerly checkmated him, was no more.
He had died or.hsgzth of Februa 1 at Pensacola, breathing
his last in the arms of histi d, Wam Panton. He was buried
with masonic rites in Panton's beautiful garden."8
With his old rival dead, and Spanish officials indifferent or weak,
Bowles may well have thought his way clear. He still called him-
a Pantoa, in writing of the chief's death to TLchlan McGillivray, at Dunmaglas, Scotland, under
date of Pensacola, April io, 1794, said that he would himself make certain provision for McGillivray's
children, adding, 'This ought not to orae against your making that ample provision for your
grand-soa, and his two sisters, which you have it in ydur power to make.They have lately lost their
mother, so that that tey have no fried, poor things, but you and me. My heart bleeds fr them, and
what I can, I will do. The boy, Allck, is old enough to be sent to Scotland, to school, which I intend
to do, next year, and then you will ee him." He state that McGillivray had died possessed of sixty
negros, three hundred head of cattle, and a large number of horses. This letter is given in part by
Albert James Pickett, Hirty rf Alia. (Charlesto, z8z), IL 14-141t; and Gayarr6, Hisrj rf
L/sisiue, II. 311-311.


self "Director General" of the Muscogees, or Creeks, and wrote to
them, charging the Americans generally with the intention to

deceive the Creeks,
gerous man", who
among them. This 1
the public square of
kins writing to the

and especially denouncing Hawkins as "a dan-
would cause trouble to the Indians by staying
better, written to a prominent chief, was read in
the town, Cowetah, and was the cause of Haw-
"Director General" of the Creeks that the plan

of the American government was "to introduce the wheel, the loom,
and the plough"; to turn the attention of the Indians to agriculture
and stockraising; and to "promote civilization among them, and
peace toward their neighbors"; and that he would carry out this
plan "with zeal and fidelity". And he continued:
I hope that it is a farce you have been acting, and not a tragedy; that you have
played the last act, and made your exit, and returned to your employers. If you
have not, it becomes my duty as an agent for Indian affairs in this Department,
to inform you that you are, together with your raiders and abettors, on or before
the tith of this month, to quit the territory of the Creeks, and not to return
again under the penalty ordained by law.',

About the ist of April,
the Apalachicola, where
chased by two galleys and
was taken possession of by

x800, a vessel arrived at the mouth of
Bowles had encamped; this vessel was
one larger ship, finally ran ashore, and
a party of Indians sent by Bowles. They

thus secured, with other supplies, six barrels of powder and a hogs-
head of rum. The captain and seven men were taken prisoners. The
rest of the crew escaped. Bowles then gathered the chiefs about him,

and bade them see the fulfilment of his prone
goods to them. "The Spaniards who say t
friends have taken them from you", he said
are yours, and the Spaniards know this. I no
Get your warriors. Go with me, and I will
This speech had the desired effect. The
had Ipaned, not given, the land on which
as the Spaniards had withheld their goods,

ise in the giving of these
:hey are your fathers and
; "they are not mine, they
w advise you to retaliate.
take St. Marks."
chiefs replied that they
the fort stood; and that,
the fort should be taken.

Then with little delay, the Seminoles, aided, despite Hawkins's
vigilance, by a few of the Creeks, all under command of the "Di-
Se lekr by Hawkins to Nicholls, May 18, 1815 (document accompanying Madi'ss msagc
of ecember 8, 188, in which referee is made to Bowles). For all his cleverness, Bowks was no
match for either McGilliray or Hawkins.--Eo.

rector General of the Muscogees", made their way to St. Marks.
There was much parleying at the fort with the Spanish officers,
who endeavored to impress the Seminoles with a sense of their duty
to Spain. One of the Creek warriors described the manner of the
officers as "coaxing and timid", and this seems to have been the
general impression. A truce was agreed to, and the Spaniards offered
to make peace, forgetting the past, if the Indians would give up
Bowles and his white associates. It was given out that Rangel, vice
consul of Spain, had sent four hundred troops to the aid of St.
Marks, and was determined to punish the guilty, unless the terms
offered were agreed to.
One of the most noted of the Seminoles was Kinhaizee, of Mic-
cosukee, who did not favor Bowles, but was led to join him by the
influence of other chiefs. Knowing this, the commandant of the fort
invited him to a conference within the fort. The invitation was ac-
cepted, but failed to accomplish the desired result. Angered by some
disregard, or ignorance, of Seminole etiquette on the part of his
entertainers, Kinhaizee left the fort in anger, declaring that when
he entered it again, it would be as a conqueror. Then he announced
his readiness to co-operate with Bowles in taking the fort.'"

Bowles had no mind
the siege of St. Marks.
hundred Seminoles, a
cattle furnished them

to lose any more time, and at once undertook
. The besieging force consisted of about three
few Creeks, and ten white men. The roving
with beef, and the Seminoles supplied other

provisions. Three small vessels had been sent to carry supplies to
St. Marks. One succeeded in landing its cargo; one was taken by the
Indians in their canoes, the third returned to Pensacola. Except for
the occasional issuing of haughty pronunciamentos demanding the
surrender of Bowles and satisfaction from the Indians, the Spanish
officials seem to have been entirely inactive. On the zoth of May,
Mrs. Elle Call Long, in relating the incident in her F rl. Br&ps (p.4z), notes that Kinhaizce
was received with diplomatic ceremony, to which the chief responded in the Indian fashion by ignit-
ing and smoking his pipe. Unftrunaely, its fums offended the olfactory asitiveness of the com-
mandant's scira who was present. She expressed her disgust to the intrpeter, and told him to order
the chief to lay aside his pipe. With the undmoastrative manner of his race, the Indian heard and
received the words of the lady without a change of countenance or any expression of impatience. Very
deliberately empying the burning ashes from his pipe, he replaced it in his pouch, and, with the dig-
nity of injured greamess, he left the fort without giving uttrance to single word. Outside the gate
of the fort, he turned, sad shaking his finger menacingly, he said, "When I oater that fort again, it
will be as as aonqueror'.

["1 ]


after a siege of six weeks, the commandant of St. Marks surrendered
to Bowles, on condition that the garrison should depart in safety.
Seven of the garrison had been killed during the siege, while the
besiegers had suffered no loss.
Bowles now declared war against the king of Spain, and called
upon his followers to aid him in the conquest of all Florida. Divid-
ing among them the stores found in the fort, he sent them to all the
towns of the Seminoles to call the warriors to prepare for attacks
upon Pensacola and St. Augustine. All Florida would be in their
possession, he said, by the time of the feast of boos-ke-tah. He told
the Indians that he was acting under orders from the king of Eng-
land, from whom he was daily expecting ships, men, supplies, and
presents for the Indians; and some color was lent to these assurances
by the fact that he did receive some supplies from New Providence.
The capture of St. Marks at last aroused the Spaniards to action;
and Governor Folch organized an expedition to retake the fort and
restore order among the Seminoles. A fleet of seven men-of-war and
two merchant vessels soon made its appearance off Apalachee Bay.
One of the men-of-war sailed up the bay and began to fire upon the
fort. At this, Bowles, knowing he could offer no effectual resist-
ance, opened the stores of the fort to the Indians, bidding them carry

away all they
cosukee, the
to make peace


; and, leaving the fort, wet
of Kinhaizee. Most of hit

: with the Spaniards,

who were

St. Marks; they said they had been misled by
and would never follow him again. They wer

it with them to Mic-
s followers hastened
again established at
"the lying captain"
e freely pardoned, on

condition that they should give up Bowles, which they readily
promised to do.
But it was no easy thing to deliver up Bowles. Kinhaizce, slow in
pledging allegiance, did not desert him in his misfortune, but pro-
tected him, and aided him to escape. Still believing that he could
rally the Creeks, Bowles made a last journey to their country. But it
was in vain. Betrayed finally by some of the Creeks, he was deliv-
ered to the governor at Pensacola, and was sent to Cuba, where he
was imprisoned in Moro Castle.
Overcome by humiliation, he refused to take food from the time
[, ]



of his
was st
call oi
not so

imprisonment, except a little lime juice when thirsty. It was
it that he could not survive long, but to the last his old spirit
wrong. The governor general sent him word that he desired to
i him. Bowles proudly replied: "I am sunk low indeed, but
low as to receive a visit from the Governor-General of Cuba."
I so this strange career ended in melancholy and wounded
but in undaunted loyalty to the standards of earlier and more
rous days. Strange mystery lies about the figure of Bowles,
r, trader, schemer, painter, actor, "King of Florida", "lying
n". No great respect do men feel for him. Yet, at the last,

betrayed by
own fashion
dignity of Io

his friends, loyal
L, we see him a fi
yalty about him,

to the power he had served after
gure altogether tragic, and with
as he dies alone at Moro Castle."

"1 William Augustus Bowles was born in Frederick County, Maryland, in 1764, and at the age of
'3 joined the British army as a volunteer in an infantry regiment, from which he was expclld at
Pensacola for insubrdination. During his varied career, he played many rules, being a chief among
the Creek Indians, an actor, portrait painter, a pira, but very seldom an honest man. He was chiefly
noteworthy for his hostility to the Spaniards and was a rival of the famous half-bred chief McGilli-
iray. His hostility extended also to the firm of Panton, Leslie & Co. See T/h A.thrki Masuit rf
WiUims Ast Bwuls (oandoo, '79'; reprinted as No. 46, Vol. XII. of Mqiuw rf Histy ewb
Netis Ma QUs, Tarrytown, g916), said to have been written by Benjamin Baynton; Lifre f GeCral
W. A. B&kw--a Na.f rf Amwi, rms f Egishi Pmarag isM FnrPiC Curmy, Mraylud, M the Ye q74E
(from "Public Characters for z ", New York; reprinted by Robert Wilson, no. '47 Pearl-street,
1803), which quotes extensively from the Ahrlti Msm h. Sec also American State Papers, Idia
Afdrs, I. and IL; Pickett, Hirj ef Al/dm (Charlesma, xz8)), II. xs-z.x, and passu ; Gayarrt.
sst spra,I., pasM. C.C. Robin, in his VYy s g ru Fasrlb i& Lesiuiam,d& l Fridr Ocidoetk,
:t dl lAs Iss la MarnuaF :t dr Saist-DgwMga (Paris, 187), II. 14-9, gives a rather fanciful
account of this peculiar man, whom he calls "Bawles", and to whom he ascribes the culture of
Europe. For sources of original manuscript material concerning Bowlcs, see strs, note 8.-ED.



^- -



In the year x8Soqp.in, by a secret treaty, ceded Louisiana to
France. Some rnior of the trsaion reached Ru King, Unit
Stateisbinister at London, who on the 9gth of March, xSox, wrote
to the secretary of state at Washington that the opinion prevailed,
both at Paris and London, that Spain had ceded Louisiana and the
Floridas to France. He also stated his conviction that this cession
might produce an effect injurious to the union and consequent hap-
piness of the people of the United States. On the Ist of June he again
wrote relating a conversation on the subject with Lord Hawkesbury.
His lordship had heard rumors of the transaction and had expressed
unreservedly his dissatisfaction:
The acquisition might enable France to extend her influence, and perhaps her
dominion up the Mississippi, and through the lakes, even to Canada. This would
be realizing the plan, to prevent the accomplishment of which, the Seven Years'
War took place; besides, the vicinity of the Floridas to the West Indies, and the
facility with which the trade of the latter might be interrupted, and the islands
even invaded, should the transfer be made, were strong reasons why England
must be unwilling that the territory should pass under the dominion of France.
The purport of what I have said was, that we were contented that the
Floridas remain in the hands of Spain, but should not be willing to see them
transferred, except to ourselves."
The United States minister to Madrid, Mr. Charles Pinckney, and
the minister now appointed to Paris, Mr. Robert Livingston, were
instructed to oppose the cession as strongly as was in their power.
Though the French government denied that such a cession had been
made, Mr. Livingston learned that an expedition was being fitted
out to take possession of the province.' Mr. Monroe was now ap-
SSee Gayarr6, M)p, im. 449-45o.
"He [the minia of foreign affairs] pliciy dnid that anything had keen conduded, bt
admitted that it habd ben a mubect of coervauio. I kno, w, however fm a variety ch that
it is no ar mater of causnatimo, but th ththe exchange has actually be agreed upon; that the
armament defined, in the fint place, for Hispaiol, is to prcd Loisiana, proidd Tooainc
make nao oppaitioo. That Spain has made this cion (which meanarm ll her oimer
maxims o policy), cannot be do bted, but she is no ioger a free agent."-Letter from Liingoo to
Kins, Decemer 3o, o801; cited from Gayarrt, Hisry 1f Luisim, imI. 453. The two st cidtioo,
nest following in the the t, are made from Siid., p. 460.-ED.


pointed to assist Mr. Livingston and, if r
in the diplomatic negotiations, and instrui
vent the cession of the Floridas and Louisi
Meanwhile, the cession, however wrap
come a certainty. On February o, 1802., Mi
note to the French minister of foreign affai
whether East and West Florida, or either o
the cession; and asking for such assurances

Necessary, Mr. Pinckney,
:tions were given to pre-
[ana to France.
ped in mystery, had bc-
r. Livingston addressed a
irs asking to be informed
f them, were included in

with respect to the limits of their territory and the navigation of the Mississippi,
heretofore agreed on between Spain and the United States, as may prove satisfac-
tory to the latter.

In case East and West


were included,


to be

how far it would be practicable to make such arrangements between their respect-
ive governments as would, at the same time, aid the financial operations of
France, and remove, by a strong natural boundary, all future causes of discontent
between her and the United States.
No information was given on these points, though France declared
that nothing should be done to injure the wellbeing of the United

In July, Mr. Livingston received a verbal
Floridas were not included in the cession. On the

assurance that the
loth of August, he

wrote to me secretary ot state at Washington:
I am at a loss, however, as to what terms you would consider it allowable to
offer, if they can be brought to sale, of the Floridas, either with, or without, New
Orleans; which last place will be of little consequence, if we possess the Floridas,
because a much better passage may be formed on the cast side of the river. I may,
perhaps, carry my estimate of them too high; but, when I consider, first, the
expense it will save us in guards and garrisons, the risk of war, the value of
duties, and next what may be raised by the sale of lands, I speak in all this busi-
ness as if the affair of the Floridas was arranged with Spain; which I believe is
not yet the case.
A few weeks later he wrote that he had every reason to believe the
Floridas were not included in the cession.
So time passed with seemingly fruitless attempts at diplomatic
negotiation until, a short while before the arrival of Mr. Monroe
in Paris, France proposed the cession of Louisiana to'the United
States. On the arrival of Mr. Monroe he and Mr. Livingston as-
sumed the responsibility of concluding a treaty by which the




was Vage. i 4
n Mr. Livingston asked v

whether the Floridas were included

in thc.cession, Mr. Marbois replied that Mobile was, but tha
could not answer further's The American minister said that at
time he believed the information incorrect; but that when he
the treaty at Madrid he had no doubt that it included "all
country France possessed by the name of Louisiana, previous
their cession to Spain, except what had been conveyed by su
auent treaties". The French minister, when urged aeain to d

himself explicit
from Spain was
ston that West
It is hardly
France in 1800



only reply that what

intended to be conveyed. Mc
Florida was included in the
to be supposed that Spain
more territory as Louisiana

s to

France had received
xo held with Living-
sion of Louisiana."6
ended conveying to
m had been received

from France in 1761. Yet the United States, having a legal tj
maintained that the boundary of Louisiana intended in both
treaty of 1800 and in that of 180o3 was the Perdido River, and


Art. st. Where, by the article the third of the utrty concldc d at S. ldqabamo, the ninth
Veademsiir, a 9 (if October, 1zo8), between the First Caal a the FMrech epblic ad Hi
Catholic Ma)t, it was sprd a idlmws: "Hia Cathic Ma)ety promim and eagea, a his pmr,
to rtcoede to the Freach Republic, u a- t --after the fill ad ecrir cuscuado the clmdition ad
uiptaioas herein relative to his Royal Highs he k do Patna, th ooy pori ad li-
siamu, with the same antt that it ow has in the haads of Spin, ad that it had when PrFra pa
Mind it; and sach as it should be after the aets abMqmeatly caerd into between Spain aod other
tan" Ad, whereas, in plmancce d taay, and praiclarly of the third article, the Prech
Republic hats inmacblitletothed a aia ndt ao the po Ma aof te id teri ry: Th Firm
Caal of the Freach Republic dsiring to give the United State a rom proof of his frieodhip
doah haeby adt o the aid United Stas, inhe -n d of the Frsch epoblc te ad in full
ocreignty, the said mtnrinmy, with all in righ and appunnmans, as fully and in the same man
as they had abeen acquired by the F.sth Repqblc in uir dof the abo-mmtimd arty clouded
with his Catholic Majeay. See Traty between Frace ad he United Scae, April o, 18o3; dted
rom Gayarr, MHuaj f t .iS, II. 64..
* Ltaor oadia, May 1o 8a3. See GayarrC syn i.L p o.
"Joiam dachpach o Madi,Jamn 7, x803. Se Gayarre, r Is. .53.

[C 6]

1 :

* 4.
* '
* *


United States received frm Prnrc t teiri _stXofLu ial.
In consideration France was to receive 6oooooQ fanmcs and the
relinquishment of debts due by Firaacs fo citizens of the Unirtd
States-about x5,ooo,ooo francs more. Such a termination to the
negotiations was most unexpected. The treaty was promptly ratified
by the senate of the United States, and steps were taken for tempo-
rary government in the territory. The correct undary between
Louisianas and Florida was still to be settled, for the language of the

not recede from this position, though several years passed before
the claim was established.
The territory in dispute had been formed by Spain into the
"Government of Baton Rouge" and the "Mobile District"' The
former lay south of 31 degrees, and extended from the Pearl River
on the east to the Mississippi and the Bayou Iberville on the west
and south; the latter also extended southwest to the Perdido on the
east, and the Gulf of Mexico on the south.
Vicente Folch, governor general of the whole province of West
Florida, exercised the functions of government at Pensacola, while
the immediate civil and military government at Baton Rouge was
administered by Carlos Dehault de Lassus. Under the vacillating
administration of the latter, government was merely a name, laws
were not enforced, smuggling was practiced without restraint, and
trial by jury was unknown. Strong antagonism existed between
Spaniards and Americans who had settled in the region, and this
antagonism increased rather than diminished as time passed. As
lawlessness and discord increased, Dehault de Lassus grew weaker
and in x809 matters were made still worse by Folch going to Cuba.
Affairs had reached a climax when rumors reached Baton Rouge
that Bonaparte claimed West Florida. In the several districts men
met to choose delegates to meet in convention at Buh 's Plains.
Whatever Dehault de Lassus may have thought, he made no at-
tempt at interference, and the convention met inuly, I8io. remain-
ing in session two days. lh R ; r- ..
and Dr. Andrew Steele, secretary.
Though there was a strong desire on the part of some to ask for
annexation to the United States, other counsels prevailed. The
justification for their proceeding is set forth in the preamble to the
report of the meeting:
When the sovereignty or independence of a nation has been destroyed by
treachery or violence, the political ties which united its different members are
destroyed. Distant provinces, no longer cherished or protected by the mother
country, have a right to institute for themselves such forms of government as
they think conducive to their safety and happiness. The lawful sovereign of
Spain, tOgethr with his hereditary kingdom in Europe, having fallen under the
dominion of a foreign tyrant by means of treachery and lawless power, right
naturally devolves upon the people of the different provinces of that kingdom,


placed by nature beyond the grasp of the usurper, to provide for their own secur-
ity. The allegiance which they owed and preserved with so much fidelity to their
lawful sovereign can never be transferred to the destroyer of their country's
The conventi niusl swore falty toFerdinand VII.of Spain,
and tCen oced to re, a =--eyem^t^r-"- "--
Thirteen articles forming a proposed constitution for a republican
government were drawn up, and a committee was appointed to
frame an address to the government. Another committee was ap-
pointed to acquaint Dchault de Lassus with the proceedings, and
the convention adjourned to meet at Baton Rou August az. On
the appointed day the convention met, and sat for four days with
closed doors. Dchault de Lassus was made commander-in-chief and
first judge; his associates being Shepherd Brown, Robert Percy, and
Fulwar Skipworth. Other officers, both civil and military, were
elected. A proclamation was issued, stating that the measures

adopted by the convention should
decision of the governor of Cuba,
mitted, should be made known.
Less than a month had passed
Thomas. of the militia. intercept

have full force of law until the
to whom they were to be sub-



on September to, Colonel

a correspondence

Dehault de Lassus and Brown, by which he
were being sent to Governor Folch stating
necessary to quell insurrection at Baton Rou
to march at once with what force he could
Cuba for reinforcements.


learned that messages
that armed force was
ge. Folch was desired
muster and to call on

Colonel Thomas lost no time in calling a secret council, which
met September zi." It was decided now to establish the independ-'
ence of West Florida; and the pr_ nation of indence was
issued by John Rhea, president of the council, e tm6. It was
furthmrr rcalved by the counc mt take the fort aLBtlton Rouagc
Colonel Thomas commanded the attacking party, which reached
the fort before daylight, and after a short fight took it. Within a
few days, St. Helena and Springfield surrendered to Thomas; and
See Henry L Farrot, "Some d the Cuses and Coaditioas thu broghbt bot the West Florid
Revoluoomin 8xoin Pllkiee fir sidar Hi setl SerA,I.Pt .. (NcwOrlcan, x8s),p. 4.
d The members o the acrc cooncil were Coloml Fulton, Fulwr Skipwrth, Johan Rhea, Philip
Hickey, IsacJohnmo, Gilbrt Lonard, and Larry Moore.



the revolutionists, as they were called by the Spaniards, were in full
control of West Florida. On the 8th of October, Brown surrendered,
and was placed in confinement.
The organization of government proceeded apace. A.consiutio
was agreed uon, a a was .t atc pf taxation was
fixed. war port was elected governor. But the rSbpubl f
West Florida was sr eneraI Claiboe, in accordance
wit or ers from Washington, took possession of the district on

the 9gth of October
on December 27, x
annexed to Loiiai
Soon after the or


exchange of government was quietly made
and the territt -

'anization of the Republic of West Florida, two

brothers of the name of Kemper raised a force to take possession of
Mobile, at this time under the direct command of Governor Folch.
But the expedition did not accomplish its purpose, and a number of
those who took part in it were captured and sent to Havana as
prisoners. Spanish rule, however, was almost at an end. For, during
the second war between the United States and England, as Spain
was considered a secret ally of England, the American general,
Wilkinson, was ordered to occupy the Mobile district with a force
of six hundred men. He sailed from New Orleans to Mobile, and after

brief negotiations, secured the surrender of the latter, April 13,

The Spanish commander withdrew to Pensacola. The long-vexed
question of the weste..- bonnclCry1 ,i ; i ; for
th .t*fiuidSt 0
panh government had difficulties in the eastern as well as
in the western province. When, in 18 1x, war with England was fore-
seen, President Madison believed that England would probably
seize Florida as a base of operations. To prevent this, he appointed
General McKee, of Georia, to negotiate
Silvea stars oa blue field.
For exandd account of the troubles in West Florida, sec the following works: Amricaa
Papers, Fecigp lait, m. 394-4oo; H. E. aambns, "A shorlived Ameican StcC" (in oMiyruf
Amer Hiswy, XXVII. 14-19); Wst Fluride a irts Ra is tse khistwi C(nmsnpblr f rti U d
Stwtu (Baltimoe, May, 1898; No. V., 16th sies, Johns Hopkins University Stadi in Historical and
Political Science); Isaac J. Cox, Tb Wesu Flawri Caumrsmy, rt~-str (Baltimore, gix8); Henry L.
Favrot, "Some of the Causes and Conditions that brought about the West Florida Revolution in ix8o"
(in Laisism Histsaki Sa ksy Paiusr, I. Pt. II., 1895, pp. 37-46; Gayarr, Himwy rf Liiu
(New Orleas, 90o3), IV. 1.3o-43; and McMastcr, Hisey ef tb Prp)k .f tb UuisedSasu (New York,
900), Im. 36-375.--D.



with the Spanish authorities of Florida, and secure, if possible a
cessilon fthepmn vics fivir return, Cired.
I caset rrwnmin stho-d be successful, a provision gavotP-
ment was to be established. In of failure, forrih al
was to be taken, shoudlfthere be reason to suppose that a foreign
power intended taking possession of the Floridas. Congress sat in
secret session while discussing these matters, and precautions were
taken to prevent their being known. Yet, somehow, rumors of the
negotiations began to spread.
A number of Georgia frontiersmen, making ready for a descent on
Florida, gathered on the banks of the St. Marys. Uniting with the
border settlers on the Florida side, they organized an independent
"Rcpubliof lorid k ", with ColonelJo0hn MJdntosh as pcsidmr,
and Colonel Ashley as military leader.
Fernandina on Amelia Islahdhfd become in x808 a port of free
entry for foreign vessels. In the days of ei brgo it was
a pTace o importance, many vessels being seen in its harbor. On
the ground...protecting American shipping interests, General
Matthcws (ia rme Island and Fergandina, and
sent nine warships into the harbor. He enlisted in iisu a he
military forc e of rtheida. These forces, command
by Ajcq.ypproached Fernandina in boats, and summoned Don
Jos Lopez, the Spanish commander, to surrender. Don Jos6, unable
to make resistance, signed the articles of surrender, March 17, i8iz.
According to these articles, Fernandina was to remain a free port
of entry for all vessels; but in case of war between the United States
and England, English ships should not enter the harbor after the
Ist of May, 1813.
On the day after Fernandina surrendered, the forces of the Repub-
lic of Florida were placed under command of Lieutenant Ridgeley,
of the United States army, while Colonel Ashley was sent with
three hundred men toward St. Augustine. At Fort Moosa, Ashley
was joined by one hundred regulars under Colonel Smith. William
Craig, who had held an official position in the province of East
Florida, now superseded Ashley in command.
The governor of the province, feeling unable to make an attack in

the open field, placed several cannon on a schooner and, firing on
Fort Moosa, forced the invaders to withdraw to Pass Navarro, a
mile distant. Soon after this, the greater number of the forces with-
drew beyond the St. Johns, leaving but a small number at the pass.
Among these few, sickness broke out, and it was necessary to send

some of the men back to the

"Republic',under charge of a United States

escort. On the way, a party of negroes attacked them from ambush,
killing several officers and privates and wounding others, though a
charge of the American soldiers eventually routed the attackers.
When news of these events reached the Spanish minister at Wash-

ington, he remonstrated against the insion tbL.Cmtc"o
Spain, a friendly wo. the United States troop. ThePrident
said that Matthews had -and heap-

potintd in his place GovyaEi l",r ,i whom he
dirccted-6' iid Governor Estrada to annfrce order ad restore
affairs to the cgldition had exisd before the invnpn. In the
sprTfig of 1813, all Americans were withdrawn from East Florida,
and the harassed planters of that province had an interval of relief.

The greater number of the citizens of the

'"Republic of Florida

were men of boldness and daring. Many were of desperate character,
altogether beyond the restraining power of the new government. In
August, 1816, George Clarke, a surveyor, under authority of Gov-

ernor Coppinger, offered a proposal to the

"Republic" to return to

Spanish rule. A general meeting of the citizens was held at Water-


's Bluff, several hundred men being present. Clarke, represent-

ing the government, offered them all the territory lying between the
St. Johns and the St. Marys rivers. This was to be divided into three
districts, called Nassau, and Upper and Lower St. Marys. Each dis-
trict was to have a magistrate's court and a company of militia. The
officers were to be elected by the people, and should enter upon their
duties as soon as elected. In conclusion, it was promised that "all
the past should be buried in total oblivion".
The propositions were accepted, and the new districts were at
once organized. The career now entered upon was one of reasonable
prosperity, and the citizens of the three districts seem to have been
satisfied with their condition.





D during the latter part of the summer of 1814, it became evident
that the English were using Pensacola and Apalachicola bays as
harbors, and were supplying the Indians, whom they were inciting
against the United States, with ammunition and arms. In Scptem-
ber, a British fleet of several armed ships appeared under command of
Captain William Henry Percy, and lay at anchor in Pensacola Har-
bor; arms and ammunition were landed and carried to the forts;
while several companies of British soldiers, commanded by Lieu-
tenant Colonel Edward Nicholls, came on shore. Governor Matco
Gonzilez Manrique permitted the British to take possession of the
forts of San Carlos and St. Michael. Over the latter the English flag
waved with the Spanish, and the town was thronged with Indians,
who came in to meet the British. 4
The leaders of the expedition had made little or no effort to pre-
serve secrecy as to their plans. On the way from the Bahamas to
Pensacola the fleet had stopped at Havana, and from that place the
news of its destination had been carried to New Orleans. Moreover,
as soon as he reached Pensacola, Nicholls published an order of the
day to his troops which soon after appeared in the New Orleans
papers, and gave the impression that his expedition had been care-
fully planned, and that it was on a larger scale than it really was.
After that Nicholls published his remarkable "Proclamation to the
inhabitants of Louisiana and Kentucky". The people of Louisiana
were called on to "assist in liberating" their land "from a faithless,
imbecile government". The people of Kentucky were urged to be
imposed upon no longer, but to enlist under the standard of their
forefathers, or to remain neutral."
IX One of Nicholls's officers, Captain Woodbine, was set to work
drilling the Indian recruits at Pensacola. Runners had been sent
among the Creeks and Seminoles, inviting them towcome to Pensa-
See this prockamoo in Nils' Kriusw, VII. 134-135; and Parmo. The Lf ef A4 a. Jbsm
(Ncw York, 186o), I. n78-57y.-ED.

cola to enlist in the British service. They came to the number of
seven hundred, were clad in British uniforms, and formed into coam-
panies and battalions. Says Parton in his Life of Andrew Jackson (. 579):
Such scenes of preposterous costuming, of tripping over swords, of hopeless drill,
and mad marching and countermarching, as the common of Pensacola then wit-
nessed, can be imagined only by those who know precisely what sort of creatures
Indians are. Captain Woodbine might as well have attempted to train the alliga-
tors of the Florida lagoons for the British military service.
While Nicholls was issuing orders and proclamations, and Wood-
bine was drilling his Indians, Percy was getting information in
regard to the gulf ports, and engaging the service of native pilots
for the large fleet that was still to come, and of which Percy's was
but the forerunner. On the Ist of September, the slooj of war,
Sophia, commanded by Captain Lockyer, sailed out of Pensacola
Harbor into the gulf, making for Barratria, forty miles south of
New Orleans, the stronghold of the famous buccaneer, Jean Lafitte.
Lockyer bore to Lafitte a letter from Nicholls, asking Lafitte's co-
operation. A captain's commission was promised him, and land to
him and his men in proportion to their respective ranks. Further-
more, Lockyer verbally promised Lafitte the sum of thirty thousand
dollars, payable at New Orleans.w letter from Percy to the people
of Barratria stated that since they had seized some British vessels,
they must make instant restitution, or suffer destruction of all their
vessels and property; but that if they should enter the service of
Great Britain, their property should be secured to them with full
pardon. This letter, with other papers, was delivered to Lafitte; also
a copy of Percy's orders to Lockyer, directing him, should he suc-
ceed in the object of his visit to Barratria, to "concert with meas-
ures for the annoyance of the enemy" as in the circumstances seemed
best, keeping in view the junction of the smaller vessels of the
Barratrians, for the capture of Mobile.3'
But Lafitte, although a lawbreaker, was, after his own fashion,
entirely loyal to the United States. He told Captain Lockyer that
he must have a fortnight's time, at the end of which he would be
at the Englishman's service. Satisfied with this answer, Lockyer

SSee the documents in the appxedix to A.
Flrisd a LUsitim is Isr4-; (Philadelphia
and American State Paprs, Fwmigu rleaiu ,

Larrink Lawm, Hinrstk Mueir rf k W, West
i. z 8 x 6 ) ; P a r t n T k L i f e r A s Jr ~ a I $ 8 o0 5 0 ;
IV. 547-355.-ED.


sailed away. Lafitte, without delay, sent an account of the affair to
the authorities at New Orleans, and offered his services for the
defense of the United States, asking "in return only that an end
might be made of the proscription against himself and his friends.
The Louisiana authorities distrusted Lafitte, and made haste to
send against him, on the IIth of September, an expedition that had
already been fitted out. Lafitte and his men escaped, but their estab-
lishment was destroyed; and when Lockyer returned four days later to
accept the services of the band, there was no answer to his summons.
P During all this summer, General Andrew Jackson had been bring-
ing the war against the Creeks to a finish. On his way to Fort Jack-
son, he heard that a British vessel at Apalachicola was landing arms
and distributing them among the Indians; and as soon as he reached
the treaty ground he sent some Indians, upon whom he could rely,
to learn the truth of the matter. Before these men returned, however,
a new musket of English make was brought to Jackson. It had been
given to one of the peace party by a friend who had received it at
Apalachicola, not more than a week before. A few questions
brought out full information in regard to the British at Apalachi-
cola and their distribution of arms and ammunition to the Indians.
The report brought later by the Indian embassy confirmed the words
of the owner of the musket. Soon afterward came news of the
~\presence of the English at Pensacola.
Jackson fost no time in imparting his information to General
Claiborne and in warning him against a British attack on New
Orleans. He wrote also to the secretary of war as follows:
If the hostile Creeks have taken refuge in Florida, and are there fed, clothed,
and protected; if the British have landed a large force, munitions of war, and are
fortifying and stirring up the savages; will you only say to me, raise a few
hundred militia, which can be quickly done, and with such regular force as
can be conveniently collected, make a descent upon Pensacola and reduce it? If
so, I promise you the war in the South shall have a speedy termination, and
English influence be for ever destroyed with the savages in this quarter."
The reply of the secretary of war was six months in reaching
Jackson. Then he was at New Orleans, and campaign and war were
U Parna, a sapa, I. 593. For Jackao's connctioa with Flaida, John Spencer Baett's excellent
Life of Arw Jatsm (Garden City, zgs) should alo be cooeltcd. Profcor Banetn is omw (1y4)
editing recently found ws of Jacon.-Ea.




at an end. "If", wrote Armstrong, "all the circumstances stated by
you unite, the conclusion is irresistible. It becomes our duty to
carry our arms where we find our enemies." Caution was advised
against conduct that would lead to a war with Spain, and care in
ascertaining what, on the part of Spain, was due to threats and
compulsion, and what was of their own policy and choice. "If they
admit, feed, arm, and co-operate with the British and hostile

ciple of
we must
But as

" was the conclusion, "we must strike on t
self preservation; under other and different
: forbear."
s this letter did not reach Jackson for half a ye
he was thrown ucon his own responsibility

L L 4

he broad prin-

ear after it was
r. He wrote to

Governor GonzAlez Manrique at Pensacola of what he had learned
concerning British proceedings at Apalachicola and Pensacola, re-

monstrated against them, and demanded the sun
Creeks who might be at Pensacola. The governor
in a rather haughty style, evaded the matter direct

render of hostile
s reply, couched
ly at issue.

Jackson sent a second
the Creek War, whom he
Gonzilez Manrique, and,
Pensacola, Captain Gordoi
governor on most friendly
indeed, that he treated th

letter by Captain Gordon, an
authorized to converse with
if possible, learn some of his
n found all as had been reported
.y terms with the British--so
le American officer with scant

officer of
plans. At
d, and the

Finally, however, the governor wrote a letter to General Jackson

stating that he could not give up the Creek warriors, as they were
not with him. He said that he could not have refused them aid in
their distress without violating the laws of hospitality; further-
more, that to surrender them would be in violation of the law of
nations, to which Spain had always adhered. He reminded the
general that Spain had not demanded the surrender of those whom
the United States had encouraged in stirring up revolution and dis-
cord in the Soanish provinces. He protested against the cession of

the Creek ti
of the tribe
between Er

territory on the Alabama, as done without the agreement
.: there was a treaty between Spain and the Creeks and
gland and the Creeks. He made the charge that pirates

injuring Spanish commerce were sheltered at Barratria,

within the


territory of the Uuited States. Finally, he complained that Jackson's
last letter had not the polite and respectful tone that should char-
acterize the officers of governments on friendly terms.
Jackson replied to this letter in terms that left no doubt as to his
position. "You can not be surprised, then," he concluded,
but on the contrary will provide a fort in your town, for my soldiers and Indians,
should I take it in my head to pay you a visit.
In future, I beg you to withhold your insulting charges against my government
; nor consider me any more as a diplomatic character, unless so proclaimed
to you from the mouths of my cannon.4
In the early part of September, rumors reached Jackson of hostile
designs on the part of Nicholls against Mobile. As it required from
six to seven weeks for an express to travel from Fort Jackson, where
the general was, to Washington and back, Jackson, as was his way,
"took the responsibility". He had already written to the governors
of Louisiana, Mississippi, and Tennessee, urging upon them the
importance of completing the organization of their militia, as there
was "no telling when or where the spoiler might come". Now he
ordered Colonel Butler, in Tennessee, to call out the militia of that
state, and march southward to Mobile. The order was obeyed with
eagerness. General Coffee was also in the field, and a small band of
recruits for the regular army set out from Nashville for Mobile.
As soon as Jackson reached the latter place, he sought out Mobile
Point, thirty-three miles down the bay. He found Fort Bowyer fall-
ing into ruin, without a bomb-proof, and containing but slight means
of defense. This fort was a semicircular structure with outworks that
commanded the gulf, the channel, and the peninsula. Some sand-
hills within cannon range overlooked it, thus giving advantage to
an enemy. Jackson garrisoned the fort with one hundred and sixty
men, under command of Major Lawrence, of the znd Regiment,
United States Infantry. Nearly a fortnight was spent by the garri-
son in repairing the fortifications, while General Jackson at Mobile
saw to the sending of provisions and ammunition.
On the izth of September, 1814, it was learned that a force of
British marines and Indians had landed within a few miles of the

N Ptarm, rst lsw, I. 9-,598.




fort, with Colonel Nicholls in command of the detachment." As
the day wore on, four British warships--the Humes, the Sophia, the
Canwson, and the Childers--came in sight, anchoring about six miles
from the point. This fleet was commanded by Captain Percy.
The next day passed without any occurrence of decisive import-
ance. Shots from the fort drove back a British reconnoitring party,
and scattered several small boats sent from the ships to sound the
channel. Major Lawrence sent a messenger to General Jackson
with news of the state of affairs and a request for reinforcements.
On the afternoon of the i5th, the British ships, the Hermes lead-
ing, bore down toward the fort in line of battle. As they came with-
in range of the guns of the fort, shots were exchanged, but with
little effect. Then Captain Percy ran the Hermes into the channel
leading into the bay, and anchored within musketshot of the fort,
his broadside being turned toward its guns. 'he other vessels, one

behind the other, likewise
the long guns of Fort Bowy
One broadside after anot
replying in a well directed,
fire continued. The flagstaff
Americans thinking the sh
new flag waved from the m;
flagstaff of the fort was shi

anchored in the channel, all in reach of
her was poured upon the fort, the fort
steady fire. For more than an hour the
F of the Hermes was shot away, and the
ip had surrendered, ceased firing. But a
asthead, and the fight was renewed. The
ot away and the Indians under Captain

Woodbine rushed upon the works. A few shot drove them back, and
the flag was again raised. Finally, the cable of the Hemes was cut
by a shot, the ship became unmanageable, drifted for a half mile
with the current, and ran aground, still exposed to the fire of the
fort. Seeing that he could not save the ship, Captain Percy trans-
ferred the wounded to the Sophia, and setting the Hermes on fire,
abandoned it. The Sophia, although badly injured, succeeded in
getting out of range of the guns; and the other two vessels returned
unharmed to their former anchorage. The marines and Indians left
the peninsula during the night, and by the next afternoon, the three
vessels had sailed away to Pensacola. Four of the Americans were
u According m American repom this dcachmnt amsised of oa hundred and thirty marines
and six hundred Indians; but according tohe British, o sixty marines and one hundred and twenty


killed and ten wounded. The British loss was thirty-two killed and
forty wounded.
Six long weeks passed after the defense of Fort Bowyer before the
troops from Tennessee under General Coffee arrived at Mobile. By
the ist of November, however, Jackson had under his command, in
all, about four thousand men, of whom one thousand were regular
Determined "to rout the English out of Pensacola", Jackson
bought supplies for his army, partly on the credit'of the government,
partly from his own means; and, having issued rations for eight
days, set out on the 3d of November for Pensacola, and halted a
mile and a half from that place on the evening of the 6th.
Major Piere, of the 44th Infantry, was sent to Governor GonzAlez
Manrfque to say that General Jackson's intentions were not to

attack the power of Spain or to alarm Spanish subjects; but to
deprive the British of a base of operations against the United
States. General Jackson demanded the immediate surrender of the
forts, pledging himself to hold them in trust, and restore than un-
injured when the present danger to American interests on the gulf
coast was past.
Though Major Piere bore a flag of truce, he was fired upon as he
neared Fort St. Michael; and he retired, reporting the matter to his
general. The Spanish flag waved from the flagstaff of the fort; but
it was said the garrison within was composed of both Spanish and
English soldiers. Since the firing might have been done by English,
and not by Spanish, authority, another effort was made to commu-
nicate with the governor; the messenger this time being a Spanish
soldier taken on the march. The message, a verbal one, brought back
by the soldier was that the English alone were responsible for the
firing; that the governor was powerless with the English; and that
he would receive any overtures that Jackson desired to make.
Accordingly, Major Piere was sent to the governor bearing a
letter in which Jackson stated that he came "not as an enemy to
*a "A large propoatio o the volunteers, not less than fifteen hundred, were mointed. It is min-
tiod as a singular proof o their eal in the vice, that they willingly lefthir bas to pstre on
the Mobile river, and ered as infantry during the beqent operatios; forage being scarce oa the
way they were next to go." See Parto, a s nr, I. 6x7.

Spain", but to demand security for Americans, and this with a force
sufficient to enforce his demands. He required the surrender of Bar-
rancas and of other forts with all the munitions of war. These,
if delivered at once, should be receipted for, and held for future
arrangements by the governments of Spain and America, while the
full rights of all Spanish citizens should be respected. "But if taken
by an appeal to our arms," he continued, "let the blood of your
subjects be upon your own head. I will not hold myself responsible
for the conduct of my enraged soldiers." One hour was given for
The governor, after consulting with his officers, decided that the
terms could not be accepted. With this message Major Piere re-
turned. Jackson lost no time; and an hour before daylight his men
were ready to march. These troops were the regulars of the 3d,
39th, and 47th Infantry, part of Coffee's Brigade, the Mississippi
Dragoons, part of the best Tennessee regiment, and a force of
Some of the mounted men were ordered to show themselves on the
west of the town, to give the idea that the attack would be made
from that direction; while Jackson, with the main body, moved in
the rear of the fort to the east of the town undiscovered until within
a mile of Pensacola. Seven British vessels lay on their left in the bay;
a fort on the right, fortifications and batteries in front; but the
Americans, undaunted, marched on into the town. Here a battery
of two cannon opened on the center column, while an irregular fire
of musketry poured from the houses and gardens; but this was of
short duration, for Major Laval stormed the battery and the regulars
silenced the musketry. The troops moved on rapidly and had taken
a second battery, when the governor, bearing a flag of truce, came
out to meet General Jackson and plead that the town might be
spared, promising to agree to whatever terms the general should
propose. This, of course, ended hostilities, and Jackson was in com-
plete possession of the town.
The English, however, were in possession of Fort Barrancas, thus
commanding the mouth of the harbor. The governor sent an order
for the surrender of the fort, and Jackson made ready to carry it by

storm if the order were disregarded. But in the early morning of the
following day, loud explosions were heard from the direction of
Barrancas. A reconnoitring party brought back the news that the
British had destroyed the fort and sailed away, taking with them
their Indian allies. The battery on Santa Rosa Island had been blown
up the evening before.
The governor was by no means pleased with the conduct of the
English; he now declared friendship with the Americans, praising
their respect for public and private property. Indeed, several weeks
after, when the British officers tendered their aid in rebuilding the
fort, his excellency declined the offer, saying that should he need
help, he would call upon his friend, General Jackson.
Believing that the sudden departure of the British was for the
purpose of attacking Fort Bowyer and Mobile, General Jackson left
his few wounded-less than twenty-at Pensacola, and hastened
to the defense of Mobile.
But the British did not appear, and, after ten days had passed, it
was learned that they had landed at Apalachicola, and were fortify-
ing their position. Jackson at once sent against them Major Blue in
command of a body of troops and Creek and Choctaw allies. Major
Blue drove the English from West Florida and their Indian allies
into the interior. Many of the Indians were captured and sent, with
their families, to Fort Montgomery.
Now, Florida being cleared of the British and hostile Indians, and
the safety of Mobile and Fort Bowyer being secured, Jackson set out
on the zid of November for New Orleans.
As we have seen, Jackson restored Pensacola to the Spanish
authorities after the expulsion of the British, in order to avoid any
ground for conflict with Spain. Yet, by secret acts, the congress off
the United States had, before the beginning of the war with Great
Britain, authorized the President temporarily to occupy Florida east
of the Perdido. These acts plainly indicate the strength of the feeling
that Florida must be acquired by the United States.
-. Even when the war with Great Britain was declared at an end,
there was trouble with the Indians. The fort built by Percy and
Nicholls on the Apalachicola River was again occupied by Colonel

Nicholls. He, without regarding the authority of the Spanish gov-
ernor-and, it must be said, entirely on his own responsibility-
assumed rule and direction over the Seminoles. He even went so far
as to form an alliance, offensive and defensive, between those
people and Great Britain.
Several letters passed between Nicholls and Hawkins, in one of
which Nicholls complained of robberies and murders committed by
Georgia frontiersmen on the Seminoles belonging to Bolecks (or
as he was nicknamed, Billy Bowlegs), and demanded that Hawkins
should put an end to such misdoing. "I have, however," he wrote,
ordered them to stand on the defensive, and have sent them a large supply of
arms'and ammunition, and told them to put to death, without mercy, any one
molesting them; but at all times to be careful and not put a foot over the Ameri-
can line; They have given their consent to await your answer before they
take revenge; but, sir, they are impatient for it, and, well armed as the whole
nation now is, and stored with ammunition and provisions, having a stronghold
to retire upon in case of a superior force appearing, picture to yourself, sir, the
miseries that may be suffered by good and innocent citizens on your frontiers,
and I am sure you will lend me your best aid in keeping the bad spirits in sub-
He added that he had appointed four chiefs as officers to punish
those who should violate the law.'3
Hawkins replied politely to the letter, though he might well
have asked by what authority Nicholls represented the Seminoles
in Spanish territory. Some time afterward a complaint was received
from Billy Bowlegs, himself. This Colonel Hawkins sent at once to
the governor of Georgia, asking that it be looked into and redress
Nicholls had much excited the Indians by telling them that in the
ninth article of the treaty of Ghentc' the United States had pledged
itself to return to the Indians all lands they had held in x8z He said
that this would restore to the Creeks the lands in southern Georgia
that they had given up to the United States in the treaty of Fort
Jackson in August, 1814. Was Nicholls ignorant of the fact that
both parties to the treaty of Ghent understood that only those lands
SNicholls to Hawkins, British Post, Aprlchimol River, May n, x181 (ee in American Sue
Papers, IV, 49). S49).ee alSo odhr lece between the two men in the same volume.
SConlodcd at Ghent, Dcemr 14, 181, 4 between Geat Britain and the United States, and pro-
claimed Fekbary 8, x815.-ED.

were intended whose seizure by the United States had not been con-
firmed by the Indians; and further, that the provision as to these
lands depended upon the instant cessation of hostilities on the part
of the Indians when the treaty of Ghent should be made known to
them ? The announcement had been made, and hostilities had con-
tinued; yet Nicholls, in the letter already quoted, said that Ameri-
can citizens were not evacuating the lands, but were provisioning
forts built on them.
In the summer of 181x5, Nicholls went to London, taking with him
all his white troops, and the Prophet, Francis (Hillis Hago), with
an Indian delegation. The British government refused to ratify Nich-
4. 4 4 W 1. 4

ollss treaty with the Semmnoles. 39 lhe indin delegation was sent
home in ix86, advised to make the best terms it could with the
United States. The Prophet, Francis, received many honors. He was
presented with the commission and uniform of a brigadier general,
a jeweled snuffbox, a gold-mounted tomahawk, and a large sum of
money. His reception by the prince regent was an occasion of great
ceremony, and the chief was complimented as a patriot who had
fought gloriously in the British cause.
Nicholls had left the fort on the Apalachicola with all its muni-
tions of war to the Seminoles. But these people, though claiming it
still, did not occupy it, and it fell into the hands of some negroes,
who made it their stronghold.
For more than half a century, negroes escaping from their masters
had found refuge in northern Florida.4* Some had intermarried with
the Indians; but, as a rule, there was no friendliness to reckon with
except when the two peoples were allied against a common foe. The
Indians had enslaved some of the negroes; in some instances they
had, for various reasons, undertaken to capture them and return
Sec American State Papns, a syp, pp. 554-j5$. for C oJohn Qincy Adams rela-
tire to this matter.
*J. Giddings, i his Exila fFIia (Colmbus, Ohio, z858), pp. 97-98, calls th fugitive dain
exile or maroon. They war called by the lattr name, he say, by the Spaniards, after cain fr
ttgoa who lived in the West Indin moanain. The fimn cxik re Indiana whom dhi Camolinian
would have enlacd, and thae were late oied by African slas. By 736, they had become
moo th thathey were organized into compania and were riod a by the Spaniards to aid in the
defense of the rrito. They were permitted to occpy laod oa he ame was a citi dSpain
(p. x). Th exile were called Scminoa by the Crk loasg before the dians known by that name
had pMraed from the Craks (p. 3).



them to their masters. It has been estimated that in the year x8x6
there were about ei ht hundred nes Hdn freedom in Florida,
two hundred and fifin hThese wereorgan
un er captains of their own choosing. The most note of thg cap-
camts was oCr d pastures of these people extended for more than fifty miles along
the banks of the Apalachicola, above and below Nicholls's fort.
The well constructed fort was sitaar on a hiSh hl.B .;v milri
below the Georgia line. It was protected by swamps at the rear, and
was so far
vessels that could navigate the stream. After possessing themselves
oTthcfrt the negroes became bolder, and would frequently venture
out upon plundering expeditions, not only against the settlers on the

ernor at

frontier, but also against Spaniards and Indians in Florida.
depredations called forth a letter from Jackson to the gov-

Pensacola, urging that the "band
of Americans and Indians frien

. Otherwise, the Americans Dm
He asked definitely whether
government and whether the


itti" be dispersed, and the
dly to the Americans be
take the matter up in self
fort had been built by the
roes in it were considered

subjects of Spain. If the fort had not been built by Spain, then, by
whom and under whose orders had it been built?
Governor Masot, the successor of GonzAlez Manrique, but re-
cently arrived at Pensacola, said that he had heard of the fort and
the depredations of the negroes holding it, and that he had written
to his official head, the governor general of Cuba, regarding thematter.
On receiving a reply to his letter, he would take action. He expressed
in courteous words his hope that until then General Jackson would
do nothing to violate the sovereignty of his Catholic Majesty.
The plain truth was that, whatever his will might be, Masot was
unable to reduce the fort. Captain Amelung, the general's messenger
to the governor, reported that Pensacola was defenseless. The garri-
son numbered less than one hundred men, besides a battalion of
colored troops, whose presence was a source of dread to the inhabi-
tants. With about one hundred and fifty muskets, there were about

five hundred musket cartridges and

not enough gunpowder to fire



a salute". Amelung further stated that many of the inhabitants
were dissatisfied, and would welcome a change of government.
Meanwhile, United States forces under General Gaines were erect-
ing fortifications near the action of the Chattahoo~q~ and Flint
rivers. Stores were to be brought to this post, called Fort SCo,
from New Orleans, by way of the Apalachicola.
The first convoy of stores, consisting of four vessels under Sailing-
master Loomis, arrived at the mouth of the Apalachicola on the
xoth of July, 18x6. General Gaines ordered ColonelClin from Fort
Scott to descend the river and take position near the fort until the
fleet should approach. Should there be no opposition from the fort
to the passage of the fleet, the fort was not to be attacked; if there
was opposition, the fort must be destroyed. Orders were sent to
Loomis to remain at the mouth of the Apalachicola until he should
hear of the arrival of the troops near the fort.
Loomis waited until the isth without receiving any news. On
that day a boat, pulling out of the river, fired upon one of Loomis's
small boats approaching it to ask for information. On the morning
of the x7th, Loomis sent four men under Midshipman Luffborough
in a boat to get fresh water. On landing, Luffborough and three of
his men were killed. The fourth man escaped by swimming. He
reported that the attack had been made by Indians and negroes
hiding on the shore.
On July I6, Clinch with two companies of troops had arrived near
the fort. It chanced that a party of Seminoles, on a hunt for negroes,
joined forces with him, and agreed to act in concert. The Indians
marched along the bank, while the Americans came down the river
in their boats.
The Indians captured every negro they found on the march. One
of these had on his person the scalp of a white man. On being ques-
tioned, he told of the attack on the white men at the mouth of the
river. When the news was carried to Colonel Clinch, that com-
mander sent word to Loomis to come up with his fleet, and aid in
reducing the fort. Then he landed his forces, placing them so as to
prevent the escape of the garrison. The Indians demanded the sur-
render of the fort, which they claimed as their own, and began


firing upon it. The fire was returned, without great harm being done

on either
At five
the boats


d, an

side. Thus several days passed.
o'clock on the morning of July 17, a hot-shot from one of
struck the larger magazine of the'fort, and caused a terrible
i. The scene was horrible. Of the three hundred and thirty-
in beings in the fort, two hundred and seventy were instantly
id most of the remainder died from their injuries within a
ile. Garcia and two others were uninjured, but the former
octaw chief were given over to the Seminoles, who put

L to death.
great number of small arms found

uninjured were given by

Clinch to his Indian allies. It was found that Nicholls had left in
the fort twenty-five hundred muskets and as many sets of accoutre-
ments, besides five hundred carbines, the same number of swords,
and four hundred pistols-all the arms being new and good. Ten or
twelve guns were mounted on the ramparts, and there was a large
quantity of ammunition.
Withhe r ection.is f tis we mny yCPn thcy ofo8zjj
ended, so far as the part of fuitiv slaves was coy -ncind. 4
There was a short period of quiet; but early in 1817, hostilities
were renewed. It was the old fight between civilization and barbar-
ism. Gavnr Mih of ari Idian i t that time, held
that the white men were as much to blame as the Indians. There
were depredations by white men upon the Indians, and by the
Indians upon the white men. General <, in was in cnmnd of
the troops at Fort Scott and other posts near the junction of the
Chiatatolchee and Flit ,tBoats carrying provisions and supplies
passed unharmed along the Apalachicola. Despite irritation and
depredations on both sides, the Seminoles, as a tribe, were at peace
with the United States.
Fowltow. an Indian village of forty-five warriors, was fourteen
miles east of Fort Scott and very near the boundary line. It was on
and States by the otort, and
the chi ad openly dec that he would hold the land. This
being reported, General Gaines sent Colonel Twiggs, with a detach-
r For official documents of this period, e Amican Stae Pp, Fwnip & u, IV. $$$-561.




ment of two hundred and fifty men, to bring the chief and his warri-
ors to Fort Scott, and should resistance be made, "to treat them as
enemies". The detachment reached Fowltown early on the morning
of November 27. The Indians fired upon them as they approached,
and their fire was returned by the troops with such effect that the
Indians fled. Three had been killed and several wounded. Then the
troops entered and searched the village. In the house of the chief
was found a scarlet coat and epaulets of the British uniform, and a
paper in Nicholls's handwriting, stating that the chief, Neamathla,
was a true and faithful friend of the British. Soon afterward, the
abandoned town was burned by Gaines.
Hostilities became more and more frequent. Nine days later Lieu-
tenant Scott, in command of forty United States soldiers, was
ascending the Apalachicola in a large open boat. Seven of the men
were accompanied by their wives, and four children were on board.
The boat was moving near the shore, so as to avoid the current,
when, suddenly, a heavy volley of musketry was fired upon the
boat by Indians entirely concealed on the shore. The first volley,
which killed nearly every man on board, was followed by others.
Then the Indians sprang from their ambush, and rushed, yelling,
upon the boat. All on board were horribly massacred, with the
exception of four men who leaped overboard and swam to the
opposite shore, and a woman, whom the Indians carried away with
them. Other outrages followed, and before the end of the year even
Fort Scott was threatened.

Meanwhile, a band of adventurers, most of them Americans,
under the leadership of a certain McCreor a Sr hmm Tn had
taken part against Spain in the South American Revolution, had
Saelia Island. McGregor's purpose was to seize
Florida for use as a baseofortions against Cuba. In the name of
the governments ouenos Aires and Venezuela, he proclaimed the
independence of Florida. It is but just to state that those powers dis-
claimed all responsibility for his actions, and even all knowledge of
them until informed by the United States government.42
* See Moaroc's second annual message to congress, November 16, 1818. a considerable p-aion of
which is concerned with Florida (sec American State Papers, Frigs Zdaims, IV. u3-.6). The


McGregor had
"patriots" of the
ard, and he soon
small band was a

reckoned without his host in counting that the
former Florida Republic would rally to his stand-
found himself without funds or recruits. Still his
ble to repel the attack of the Spanish forces from

St. Augustine. In September, 1817, McGregor went to New Provi-
dence, hoping to find friends and help there. From New Providence
he went to England and did not return to Florida.
His band of followers remained on Amelia Island, where, after a
short while, Commodore Louis Aury, in the service of the Mexican
Republic, and about one hundred and fifty of his followers, joined
them. Aury set to work to form a provisional government, and
ordered the election of a legislature, calling on all Floridians to
unite forces to throw off the yoke of Stain. A Snish force from

St. Augustine was sent against him, but was easily repulsed.
"Americans, Englishmen, Irishmen, and Frenchmen, men of all
nations, we are freemen; let us for ever be united by the love of
liberty and hatred of tyranny." This sentence from Aury's prlama-
tion gives an idea of the make-up of his band. Besides the people
mentioned, there were some Mexicans, some of Lafitte's men from
Barratria, and a company of negroes who had been with Aury in
Mexico. With these now must be reckoned the people of Fernan-
dina, and privateersmen and buccaneers. The work of government
could not be easy. Aury's own proclamation plainly enough stated
that his purpose was "to assist General McGregor in liberating the
Floridas, and attacking the tyrant in his other possessions".
Certain of his associates shared his purpose; others wanted to hold
the island for the smuggling of slaves and goods, and for the head-
quarters of their buccaneering-not to say, piratical--expeditions.
Aury declared martial law for ten days, enforced quiet, and he and
his legislature went on with the work of drawing up a constitution.
But the constitution was not to go into effect. By a secret act, the
congress of the United States had declared reluctance that Florida,
or any part of Florida, should pass into the possession of any other
power than Spain, and had given the President power to prevent it.
After waiting in vain for Spain to expel Aury from Amelia Island,
Amelia Island incident is discussed also in American State Papers, Fredig Redins, IV. 13-144,
IS3-zmo; Nearr of a Vyge teo th Spa si Mai (London, 1819); and Parton, at snr, R. 42. -46.



the United States government, near the end of the year 1817, sent
forces against the invaders. Aury made no resistance, and was per-
mitted to depart unmolested. The island being taken, not from
Spain, but from a power that had wrested it from that country,
President Monroe declared that "'no unfriendliness had been mani-
fested toward Spain".43
Gaines had been ordered to Amelia Island, and on December .5,
1x87, General Jackson was placed in charge of the troops operating
against the Seminoles. Jackson was at the same time authorized
to call upon the governors of the adjacent states for such military
force as he should consider necessary to assist in overcoming the
Indians. He was informed that General Gaines had received direc-
tions to go from Amelia Island through the interior of Florida to the

Seminole toi
his forces,


"if his force would justify his engaging in offensive

. With this view, Jackson was ordered to concentrate

and to adopt the necessary measures to terminate a conflict which it has ever
been the desire of the President, from considerations of humanity, to avoid, but
which is now made necessary by their settled hostilities."
Jackson was at his home in Tennessee when he received these
orders. A few days before he had written a confidential letter to. the
President saying:
Let it be signified to me through any channel (say Mr. J. Rhea) that the pos-
session of the Floridas would be desirable to the United States, and in sixty days
it will be accomplished."
He had reason to believe that this letter had been received and read,
and was fully answered by the order investing him with discretion-
ary powers to end the war."' Mr. Calhoun wrote to Governor Bibb
of Alabama, that General Jackson was vested with full power to
carry on the war "in the manner he might judge best".
Calling then on his Tennessee volunteers, Jackson left Nashville,
Mamuc's wmod annual mcsagc, Nombr z6, 188.
4 Smc Porm, r an, U. 438. See alo the cntirch ,xc ppp.417-439, fr incidents ai o ahe
atscrk upo Fowl own.-ED.
Patton, t ras, p. 434.
JJacksam's "'Epoition", which was pcpred for publication in his lifetime, but not published
nntil after his death (Partoo, W spa, p. 435) by Thomas H. Benan, in his Thint Yes' Vin, I.


January a2, and on the 9th of March was at Fort Scott in command
of two thousand men. A march of five days along the Apalachicola

brought him to Phro ct bff site of thenegro fort. I
fort was ordered built, under the direction of Lieutenant
whose name was given it.
Nine days were passed' at Prospect Bluff in expctatic
visions from New Orleans. The delay aroused suspicions
ernor Masot might have prevented the boats ascending

erean lew
C -*--

n of pro-
that Gov-
the river,

and Jackson wrote him that any attempt to interrupt the passage of

the transports would be regarded as a
The transports appeared on the day
a letter from Masot was received req
circumstances should call for further
the treaty, they should be referred to

hostile act.
the letter was written. Later
testing that if extraordinary
concessions not explained in
the proper authority, as he,

himself, had no powers in regard to them.
Meanwhile, General Gaines had joined the aimy; and McIntosh,
the half-breed, with his Creek warriors, was on his way down the
Chattahoochee. It was McIntosh who had commanded the friendly
Creeks at the battle of the Horse Shoe. He was afterward made a
brigadier general of the United States.
It had been reported to Jackson that Francis (Hillis Hago) and
Peter McQueen, the "prophets" who had done much to incite the
Red Sticks against the United States, were now in the neighborhood
of St. Marks, inciting the Seminoles to hostility; also, that Wood-
bine, Arbuthnot, and others were associated with them, and had
assembled a number of fugitives from servitude under the laws of
the United States. St. Marks was a place of rendezvous for the Sem-
inoles, ammunition and provisions were issued to them from the
fort, and there they found a market for the gains of their hunting

and plundering expeditions. Further, whatever the |
rumor were, it was said that tie Seminoles and the r
the leadership of Lieutenant Ambrister, planned to
from the Spanish garrison, and to fortify themselves
band of Garcia had done in the negro fort.
Arranging for his supplies to be transported to t
Marks, Jackson left Fort Gadsden on the t6th of D

,rounds of the
zegroes, under
seize the fort
there, as the

he Bay of St.
4March for the

Seminole towns lying between the Apaachicola and the Suwannee.

His force consisted of one thousand militia,
and eighteen hundred Indians. Miccosukee,

Kinhaizec, was the first visited. A number of
discovered herding cattle in the fields, and
some firing on both sides, most of the Indian
Fourteen were killed, and four women were
the Americans lost but one man. The army
town, which was found deserted. In the s
planted before the council house, and susper
recently taken scalps-men's, women's, anc

five hundred regulars,
the town of the chief,
men of this town were
were attacked. After
s escaped to a swamp.
taken prisoners, while
then advanced to the
quare, a warpole was
ided from it were fifty
Children's. In a hut

near by were found three hundred scalps, evidently the accumula-
tion of years.
On the next day, the army moved on to the Fowl Towns. There
were several of these towns. CahalIshatchee was at the head of the
western branch of the St. Marks River, about two miles north of the
lake now called Lafayette. Tallahassee, Chefixico's town, was on
the south side of the same lake. Tapalga, Emathlochee's town, was
on Tallinhatchee Creek; and Allikhadgee was on the St. Marks
above the great sink. Ben Burgess's town was on Lake Ayavalla,

now Lake Jackson. i
and another in the s
One after another
than three hundred
laid waste. Nearly
away, and about a ti

ine region

was a place near the Georgia line,
was named Estotulga.7

of the towns was visited and destroyed. More
houses were razed, and the fertile fields were
three thousand bushels of corn were carried
lousand head of cattle, most of them marked as

the property of Georgia frontiersmen, were taken. At one of the
towns, a pocketbook which had belonged to one of the officers
killed on the Apalachicola, was found with letters addressed to him.
On the 6th of April, Jackson reached St. Marks, and encamped
near the fort. He sent Lieutenant Gadsden to explain to the com-
mandcr of the fort that he did not come as the enemy of Spain, but
that in order to exclude "the savage enemies" of the United States
from so strong a position, it was deemed best to garrison St. Marks
with American troops. Promise was given that all personal rights
T The location of the Fowl Towns, as here givn, is acrdig ton ioforuasio furnihed in :84 to
Gorvera Dral by Chief Cherco.

[ o]


of the Spaniards should be respected, and that the commander and
his family should be transported to Pensacola.
The commander denied that Indians hostile to the United States
had ever received aid or encouragement from St. Marks, said that
he had no authority to surrender the fort, and urged Jackson to
desist from further measures. But Jackson was in no temper to delay,
and on the next day, April 7, took possession of the fort. No re-
sistance was made, although the commander made a formal protest
against the proceeding.

Hambly and Doyle, traders with the Indians on the Apalachicola,
played their part in affairs at this time. They were agents of Forbcs,
the owner of the large tract of land known as the "Forbes Pur-

chase". Soon after Twi
his band, seeking revei
their negroes prisoners
Among the negroes wa
tions are preserved in M
fear for themselves or
with the Indians to se
negroes were carried" a
good as his word, and

liberty, a.

11 the negroe
on foot thro

ggs's attack on Fowltown, King Hatchy and
nge, attacked these traders, took them and
, and destroyed their stores and buildings.
s old "'Uncle Cudjo", of whom many tradi-

Middle Florida.
their negroes;
cure safety for
way he would
, in time, led
s who were st
ugh the wilder

He bade his masters have no
for he had enough influence
his masters and even if the
bring than back. He was as,
back to the traders, then at
wrong and young enough for
mess country---Cudjo having

planned every detail of the escape. But this is anticipating the
Hambly and Doyle were taken to Suwannee Old Town, where
a negro chief, Nero, was in authority. He received the prisoners
kindly, and forbade their being put to death, as was the wish of the
Indians. It is said that when he knew that he could not much longer
protect them he advised them to make their escape, and furnished
them with the necessary provisions. The prisoners lost no time in
following the advice given them. When they reached St. Marks,
still under Spanish rule, they were not satisfied as to their safety
and, in a canoe, set out for Pensacola, keeping as far out as was safe,
in order to avoid being observed by the Indians.



Before reaching Pensacola, they met a transport belonging to the

United States, (
The traders to
treated. They t
supplies from
States; and th
would come to

carrying provisions for the use ofJackson's command.

Id their
;old the
at if th
meet th

story, were taken aboard, and were well
commander that the Indians were expecting
to aid in the warfare against the United
e British flag were displayed many Indians
c ship, and might thus be captured. The sug-

gestion was accepted, and the British colors were hauled up.
As the ship entered harbor, a canoe approached, in which were
Hillis Hago, usually known as "the Prophet", and Himallemico,
both of whom were avowedly hostile to the United States. Hillis
Hago was a man of great influence. His visit to England will be
remembered, and the many honors he received there; but, although
he looked upon England as the friend of his peopltihere is no proof
that he received official promise of aid. He is described as a tall, fine-

looking man, of pleasil
conversed well both in
fashion of white men. I
in the massacre of Scot

had gone on boar
accepted the ine
race. They were 1
yardarm of the
believed Arbuth
Arbuthnot of ha
had been warned
and, without del
his band across tl
reached the tow
abandoned it. A p
On the night a
Peter Cook, and
They did not knc
to make their w,

d and

ng manners, and of humane disposition. He
I Spanish and English, and dressed in the
iimallemico was the chief mainly concerned
t and his command. When these two chiefs
when they found themselves prisoners, they

with the characteristic fortitude
the next day, by Jackson's orders,
48 Hambly now told the captain

of their
from the
that he


not was in the fort at St. Marks, and accused
ving incited the Indians against himself. Bolecks
of Jackson's approach by a letter from Arbuthnot,
ay, the chief had sent the women and children of
he Suwannee River; so that before Jackson's army
n, the entire force of Seminoles and negroes had
pursuit was undertaken, but was given up as useless.
of the i7th, Lieutenant Ambrister, his attendant,
two negro servants, were captured in the camp.
>w of its location, and had stumbled into it, trying
ty to Suwannee. It came to light that Ambrister's

headquarters were on Arbuthnot's

vessel, which was at the mouth

4 Sec American State Papers, Fw ip Ridt, IV. 574; Paroa, t sa3rt, II. 455-458; and Campb l,
Hirtrkl JktArts f fwud I li, pp. 147,48.-ED.


of the Suwannee; and Jackson sent Gadsden to seize the vessel to
carry his sick and wounded back to St. Marks, as well as to learn
more of Ambrister's plans agd purposes. On the person of one of the
negroes was found Arbuthnot's letter to his son, which had been
the means of warning Bolecks. Ambrister was taken to St. Marks.
With the Suwannee expedition,-the war against the Seminoles
ended. The Georgia troops were sent home to be disbanded. Mc-
Intosh returned home with his Creeks, and Jackson, with his regu-
lars and his Tennessee volunteers, marched back to St. Marks,
reaching that place on the t5th of April.
Now the fate of Arbuthnot and Ambrister was to be decided.
Jackson appointed a special court of fourteen, General Gaines pre-
siding, to try the cases. The chargac brought were three: inciting
the Creeks to wgar ;gniUiti cdz tres; acting, spies, giving
aid an comfort to the enemy, and supplying them with the means
of war; and&iiiting the naiiinsi to miifaer and destroy William
Hambly and Edmund Doyle, and causing their arrest with a view
to their death.
The court decided that it had no jurisdiction over the third

charge. It found Arbuthnot
of the second charge, leaving
sentenced him to be hanged.
charge, and sentenced him t<
considered, and changed to

"guilty of the first charge, and guilty
out the words, 'acting as a spy'," and
It found Ambrister guilty of the main
o be shot. The latter sentence was re-
a sentence of fifty stripes on the bare

back, and confinement to hard labor for twelve months. Jackson
approved of the findings of the court with regard to Arbuthnot, and
disapproved in regard to Ambrister. He ordered both men to be
executed the next day.
Such are the bare facts of the trial and execution of Arbuthnot and
Ambrister. kbuthnot said Eth a uland wn ld vnge rhcir death.
But although great indignation was felt and expressed when the
news of the fate of these men reached England, that power did not
interfere. It is but just to Jackson to reflect that he met the severe
criticism of his conduct in this matter with firmness and calmness,
secure in the rectitude of his intentions. He believed that he had
done nothing more than his duty to the United States demanded.

[ 53



He believed that the work begun by Nicholls and Percy had been

continued by Arbuthnot and Ambrister. "My God would,
smiled on me," he said, "had I punished only the pool
savages, and spared the white men who set them on."9'
Jackson went from St. Marks to Fort Gadsden. From
place, on the xoth of May, x188, he began his march
Florida. He crossed the Apalichicola at the Indian village

i not have
r ignorant

the latter
into West
e, Ochese,

and followed a trail leading over the Chipola River,s" and westward
to the Escambia. Crossing the Escambia, he marched over the old
trail by which he had come to Pensacola in 1814.
Governor Masot sent Jackson a formal protest against the inva-
sion of West Florida, as an offense to Spain, urged him to withdraw,
and threatened to use force unless Jackson retired at once. This was
on the z3d of May. After sending the protest, Masot withdrew most
of his troops to San Carlos. The few troops left at Pensacola were
under the command of Luis Piernas. The protest did not at all affect
the purpose of Jackson. He was convinced that hostile Indians had
been aided at Pensacola, and he was determined that Pensacola
should be garrisoned by American troops as St. Marks was. On the
evening of the same day, he entered Paacomla, took possession of
Fort Sr Mhrhn and encamped his army about it. He then sent a
message to Masot demanding an instant surrender of Pensacola and
Barrancas 'until a guarantee should be given for the fulfillment of
the safety of the frontier"'.S Masot referred Jackson to Luis Piernas
for Pensacola. As for San Carlos de Barrancas, he said:
In conclusion, if, contrary to my hopes, your excellency should persist in your
intention to take possession of this fortress, I am resolved to repel force by force,
and to defend it to the last extremity. He who resists aggression can never be
deemed the aggressor. God preserve your excellency many years.<'
"*Se documents in Amcrican Sake Ppers, FempRips u, IV. 574-641, Nairnw fa V rsh,
SJ k MiA pp. z9 3 ; LPram Tb L4f 4 Aum Jadms, n. 407-488; Camp ll Hirstark Shahs
.f C/diJl FInid, pp. 45-z2.-E-.
Near the noh ad o the bidge i a limc cave, a quar of a mile in lngth. In this cave a
number o Indian had taken rdefu while Jackaon and his division of the army marchd overhead a
the bridge. Another divisioao d the amy bad arrived at the riverto th north of the bride, od was
delayed in making rafts and bridges in order that the wag oad artillay might car. Jak waid
impticndy or them t c up, and was ery angry when they uanzcd for the delay by the di-
culty in crossing the river. He had seen no river, and would noc believe in the enct of one until the
guis explained the mancar.
SJak's lett a George W. CampU (see Para, I. 49-500).
SSce MS ac' letter of May l4, z88, in Amcrican Sate Paprs, Fru Edi, IV. 69.

C 54

It was dignity's last protest. A second summons to surrender was
sent, and when this was refused, Jackson approached the fort. On
the evening of May t5, another message was sent to Masot. "I ap-
plaud your feeling as a soldier", it was worded,
in wishing to defend your post; but where resistance is ineffectual, and the oppos-
ing force overwhelming, the sacrifice of a few brave men is an act of wanton-
ness, for which the commanding officer must be accountable to his God."'
This, the third summons, was refused. Within a few hours the fort
was invested by the Americans and batteries were established
within four hundred yards of it. The guns of San Carlos opened
upon-the Americans and the fire was returned with spirit. After a
short while, a white flag was displayed from the fort. A truce was
declared, and the next day the articles of capitulation were signed.
It was agreed that the Spanish garrison should march out with the
honors of war, should be transported to Cuba, and their property
rights respected. Except for the condition that the province should
be held by the United States until Spain could furnish a military
force sufficient to enforce the obligations of existing treaties, the
articles amounted to a cession of West Florida to the United States.**
The town of Pensacola had surrendered without resistance.
No sooner were e articles sign Jackson a
provisional government for the province. He appointed one of his
officers, Colonel King, civil and mili vernor; made Captain
Gadsde ot te port of Pensaco with authority to
enforce the revenue laws of the United States; and arranged for
the care of the archives and all public property. All this was
done in five days after the surrender of San C1rlos. Then, leaving a
sufficient force under Colonel King, Jackson returned to his home in
After reaching Tennessee, he was informed that hostile Indians
had received aid from St. Augustine. Thereupon, he ordered General
Gaines to investigate the matter and, if the information were cor-
rect, to expel the Spanish garrison from St. Augustine, and take
possession. But before this order could be obeyed, it was counter-
manded by the war department.
SSeJacJ m'ia le Icof MAy zS. xS8 iLi., pp. 56g-57~ .
uJackma's dcspazch mo Calbomn,Jauo i, g.e., if.. p. 6c..


The fact that West Florida was in the military possession of the
United States forced upon Spain the realization of its obligation to
restrain its lawless subjects from injuring Americans beyond "an
imaginary line", which restraint was impossible without a well-
organized and costly military establishment. This strengthened in
the United States the feeling that a permanent cession of Florida

must be secured.
Yet there was a strong desire on
maintain friendly relations with
could not be ignored.
The President and his cabinet d
whether Jackson hbd transcended h

the part of the United States to
Spain. A protest from Madrid

discussed at length the questions
iis orders, and, if so, what course

should be pursued; what was the conduct of Spain and its officers in
Florida; and what was the state of American relations with Spain,
and through Spain, with other European powers."
In these discussions, Mr. Adams defended Jackson on the ground
that the violation of his instructions had been apparent, not real,
and that his course was justified by the necessities of the case, and
the misconduct of the Spanish officials in Florida; that his crossing
the Florida frontier in pursuit of the Indians was in truth a defensive
act; that the object of the campaign was not hostility to Spain, but
the termination of the Indian war; and that all incidents of the
campaign-even the taking of Fort Barrancas-were due to that
necessity. But this view was not taken by all the cabinet. As a result
of the deliberations, it was decided that Jackson was justified.
His taking the forts was declared his own act-though just and
necessary, not authorized by the government. Pensacola was to be
restored unconditionally to any officer authorized to receive it. St.
Marks was to be restored as soon as a sufficient force to hold it and
protect the frontiers should arrive to take possession, that force
being not less than two hundred and fifty men.s'
It was soon evident that Jackson was the hero of the day, new
laurels being added to those won in the war of x8ix.Yet certain aspir-
u Calhon o Jackoo, May 17, a830. Se Patm, -r f, II. 5o85009.
s' See M nro's second annual maage, Novemba 18, x818; Jackso's "Epoieioa" (Bcmac,
Thhr Yws' Vin, I. 6p980o); and Paroo, II. 50556 (especially ppS.i 8, crrpoadecc between
Jackson and Moao); ,adJohni QeicyAdams to Goge W. Erving, Noembr 8,SS8,ia Ameicaa
State Papar, Faig Rfims IV. 5345 -


ants for political favor were loud in condemning his acts. A af nt
was made in the sesski 1818g419 to pass a vote of
nsure n .The attempt failed, being voted down in the
house by a great majority, and laid on the table in the senate.
Here we may note the unsuccessful attempt to fasten a land
scandal upon Jackson. In the summer of 1817, many American specu-
lators bought land in West Florida. Among them were a number of
Tennesseeans. Captain John Donelson and Major John H. Eaton
bought land near Pensacola and a large tract on the bay, for all of
which they paid a few thousand dollars. James Jackson and John
Jackson, not related to the general, John McRae, John McElmore,
Thomas Childress, and a certain Mr. Gordon, were other purchasers
of land. Donelson and Gordon went to Pensacola to transact the
business, and bore with them a letter of introduction from Jackson
to Masot. Eaton testified that Jackson had no interest at all in the
matter, and, except for giving the letter, had no connection with it.
Since the matter was investigated by a senate committee that con-
demned every other act of Jackson's conduct, yet passed this over in
silence, we can but conclude that no evidence was found to support
the suspicion that such speculation was connected with the desire
to secure a cession of Pensacola.
The provisional government established by Jackson at Pensacola
lasted until September, x819, when a "competent force" arriving
from Spain, the town and fort were evacuated by the Americans.
The new governor who arrived with the troops was Jos6 Maria
Callava, who had won distinction in the Peninsular War.
Already a treaty was pending between the United States and Spain
for the cession of the Floridas. This treaty, drawn up by the Ameri-
can secretary of state and the Spanish minister, had been ratified by
the United States but not yet by Spain. Explanations given by Spain
as to the cause of the delay did not satisfy the minds of American
statesmen; and we shall hardly err greatly in believing that this
delay was caused by the desire that Pensacola should be again
occupied by Spanish troops, so as to enable a proud and sensitive
people to save dignity by making a cession, apparently voluntarily.
February dateofthetreaty, which was not signed,
15- ---



however, until October 24, x8zo. It comprised sixteen articles. By
these, Spain ceded the Floridas, with the adjacent islands dpd-
t, to the Unitmd Stites. The ondy between the Spaoi ana
American powers was to be the west bank of the Sabine River from
its mouth to the thirty-second parallel of north latitude, thence due
north to the degree of latitude where it strikes the Red River, thence
up the Red River to the one hundredth degree of longitude west from

north to

or the twenty-third from Washington, thence by a line due
the Arkansas River, thence following the course of the
bank of the Arkansas, to its source, in latitude 4. north,"

and thence by that parallel of latitude to the South Sea. All public
property in the provinces.was ceded. freedom of religious worship
was mrrtl shl subjects raining in Florida wertg ad-
mitted to all rights and privileges of citizens of the Unitcd .Stts.
The Swta ish- f .t -to k Qbcmcovy to their own territory
within rsi mt, by the United States. All grants of land made by
Spain before the th fJ aJuary. jI a A tne United
States, should remain valid; all grants made by Spain since that date
should be null andfoid. Both parties agreed to re squish the
claims of the citizens each ainagst the oth; b the United States
agreed to pay for damages to private property during the campaigns

of Jackson.

The United States was further to satisfy the claims of its

own citizens on Spain for a sum not exceeding five millions of
dollars. Spanish vessels carrying Spanish goods or products were

to be permitted for twelve years to enter the ports
and Pensacola without paying the duties exacted
vessels. Spain's delay in ratifying the treaty was,
advantage of the United States. During the second
tion, several large land grants had been made to s
on account of actual occupation or as a reward fo
Some of these were very extensive. The "Forbes P

of St. Augustine

on other
after all
ctlers in
,r public

, to the
on the

east of the Apalachicola, was purchased from the Indians with the
t The easy coatimu: 'The whole being a laid down in Melish's map of the United Scaes, pub-
lished at Philadelphia improved to the trat o January, 18x8. But if the aourc of the Aruamus iver
shall be fouad to fall north oa uth of latitude 4 then the line shall run fm the said oor da
omth aor north, as the as may be, till it mts the said parallel of latitude 4, and tcc, aoog the
said prsallel, to the South Sea." For the mraty ad paper cocer in it, Amcran State Papm,
Fugu XWiaml IV. 67-616; Momoc'a third annual mmage, December 7,z819, Mi., pp. 616-46g;
and Faller, Pfaue f Flmi (Cleveland. 1906)-ED.


consent of the Spanish government. After the signing of the treaty,
it was learned that three grants of land to Spanish noblemen, com-
prising nearly all the land not already apportioned, had been made
at a date so early that Mr. Adams realized they could probably not
be canceled. Nevertheless, Spain's delay in ratifying the treaty, and
the sending of another minister, General Uives, to take the place of
Luis de Onfs in making negotiations, made it possible for Mr. Adams
to secure the canceling of those grants.s'

With the political and military life of the provinces a social order
was also passing. The governors at St. Au tine and Pelf^nl_
maintained about them a sttef ityed
contrast to the conditions of life beyond their immediate presence.
Men of hih breedin and military diinip, they seem never to
have lost sight of the traditions of rank or the standards of old-world
courtliness. Yet they must be accessible to all the individuals of the
small communities of the two or three towns of Florida, and to the
Indian delegations which sometimes sought audiences. They rep-
resented a failing power, and we see much of pathos in the union of
personal courage and dignity with the enforced realization of
national weakness.
Most of the inhabitants held military or government positions.
Some of lower social rank kept little shops or cultivated gardens;

*' "'It will be sccn by the documents transmitted herewith, chat the declaration mentioned rela to
a clda in the eighth atidc, concerning certain grants of lad reccady made by His Cthollt
in Florida, which, it was understood, had conveyd all the lands which, till then, had been ungrand.
It was the intention of the parties to annul these later grants, and that claum was drawn for that
express purpose, ad f nome other. The date of these grants was unknown, but it was uoderood
to be posterior to hat inserted in the article. Indeed, it must be obvious to all chat, if that pro ios
in the treaty had not the dct of annulling these grants, it would be altogether nugaty." Mo e's
third annual message, December 7, x89, in American State Papers, -t sar, p. 67. The percn mo
whom these grants wre made were the Duke of Alagoa, the Count of Ptam Ratro, and Pedro de
Vargas. With regard to Spaish land grants, AppendiVI.
Article VIII. of the treaty of x819 is in full as follows: "All the grants of land made bere the 14th
of January, :838, by His Catholic Majesy, aor by his lawful athriia, in the said twricia cded
by His Majesty o the United Satesa, shall be ratified and confirmd the prsos in possm d e
lands, co the same extenhat the sam grants would be valid if the territories had rnmine&d undr she
dominion of His Catholic Majesty. Bur the owners in possession of such lands, who, by reason of chc
recent circumstances of the Spanish nation, and the revolution in Europe, have been prevented fro
fulfilling all the coaditioa of their grants, shall complete them within the trms limited in the same,
respectively, from the date of this treaty; in default of which the said grants shall be null and void.
All grants made since the said i4th ofJanuary, 8x18, when the first proposal, on the prt of His Cacro-
lie Majesty, fa the cession of the Floridas was made, are hereby declared and agreed to be null aad



others lived by hunting and fishing,--and a few turned to cattle-
raising and planting. John Lee Williams, visiting Pensacola before
the transfer of government, wrote of its people:
They were a temperate, quiet, and rather an indolent people. Affectionate and
kindly to each other, and kind to their slaves, the even tenor of their way was
not often interrupted by business of any kind. Dances, card-parties, and pat-
goes, were frequently indulged in, but never to excess.
Patgoes are a kind of introduction to a dance. A wooden bird is fixed
on a pole, and carried through the city by some slave; on presenting it to the
ladies, they make an offering of a piece of riband, of any length or colour, which
may suit their fancy or convenience. This is fixed to the bird, which thus becomes
decked with an abundant and gaudy plumage. A time and place is then set apart
for the fair patrons of the patgoe to assemble, who are usually attended by their
beaux, armed with rifles or fowling pieces. The patgoe is shot at; and the fortu-
nate marksman, who succeeds in killing it, is proclaimed king. The patgoe
becomes his, by right of custom; and is by him presented to the fair lady he
loves best, who, by accepting it, becomes his queen; and he is also entitled to the
invaluable privilege of paying all the expenses of the next ball, over which his
majesty and his consort preside.
Sherrivarces are parties of idle people, who dress themselves in masquerade,
whenever a widow or widower is married. They often parade about, and play
buffoon tricks, for two or three days; haunting the residence of the married pair,
and disturbing the whole city with their riots, until they can be bought off with
money or liquor.s9
They loved their pleasure-these Spaniards. We have a glimpse
through more serious records of the celebration of the carnival at
St. Augustine:
Masks, dominoes, Harlequins, Punchinellos, and a great variety of grotesque
disguises, on horseback, in cars, gigs, and on foot, paraded the streets with
guitars, violins, and other instruments; and in the evenings, the houses were
open toreceive masks, and balls were given in every direction.
As illustrative of the propensity for social gatherings in St. Augus-
tine, the same author mentions a party given on the occasion of his
first visit to St. Augustine. He says:
Two days following our arrival a ball was given by some of the inhabitants,
to which I was invited. The elder couples opened it with minuets, succeed by
the younger couples displaying their handsome light figures in Spanish dances."
8* A ViM ef Wus Flaed, pp. 78-79. "Patgo" is evidently a crptio of the French creole word
"ppegai", which was used in New Orleans to describe the same ceremoay.-Eo.
b Vy swy sik Sps i MM (Loaodo, 1817), p. 163. The quotatio from the same author immcdi-
aely following is from p. ix. Fairbans rprints the passage concerning St. Augustine, in his
Hiriy dl e4r4* f St. AMssui (New York, 2z88), pp. 176 -81
1 6 1

The "bouquet dances" of St. Augustine were entertainments of
frequent occurrence. The ladies of the family would erect in their
parlors a bower, garlanded with flowers, and lighted with candles.
The erection of such a bower was understood to be an invitation to
the gentlemen to come in and admire; and in the evening a company
would accordingly assemble. Then the lady of the bower would
select a partner for the dance, presenting him with a bouquet. He
and the fair donor, as king and queen, would open the ball, and the
merry-making would continue for several successive evenings. These
dances were informal, guests of different rank mingling here on equal
Travelers were impressed with the beauty of the women; their
expressive dark eyes, and their clear brunette complexions. They
followed Spanish fashions, and appeared at church dressed in black
silk, with black lace mantillas over their heads.
On feast days of the Church, the Minorcan young people would
take their way through the narrow streets, singing beneath the
windows, and receiving, in return, gifts of cakes, cheese, or eggs.

The Church retained a strong hold upon the peop
labored among them patiently, sharing their life
sorrows, and using their influence, on the whole,
perhaps without the missionary zeal of an earlier
During the unsettled state of government lit
building or repairs. At St. Augustine, an old
Carthusians served as barracks for the garrison;

remained of the comfortable quarters

,le, and the priests
with its joys and
for good, though
title was spent in
monastery of the
for only the ruins

built during British occu-

pancy. At Pensacola, an old blockhouse, built for defense, served
as customs-house. Gatdcnsi'were neglected or overgrown, and lux-
uriant nature ran riot about the old and dilapidated buildings.

But the
held their
mjlida an
assist him

Americans in Florida at the time of the exchange of
barely glanced at social conditions, for matters political
attention. JPresidackson govcmo of
d commissioner to receive the provinces from Spain. To
in the duties of administration, the President also ap-

pointed two judges, two district attorneys, two secretaries, three
collectors, and a marshal. The marshal, Colonel Forbes, was sent in


the sloop-of-war, Hormt, to Havana to receive and convey to the
governor of Florida the necessary orders for delivering the province
and its forts to the American commissioner.
Jackson, with his staff and troops, was at Pensacola some time
before the Hornet returned. The delay of the vessel was not under-
stood, and Jackson, never slow to suspect "Spanish treachery",
endeavored to persuade Callava to make a provisional arrange-
ment for delivering the province. Callava, not unreasonably, replied
to such suggestions that he could do nothing without the authority
of the governor general of Cuba. The Hornet arrived, however, with
all necessary orders; but another delay was caused by the loss of the
ship Cora, which was to transport the Spanish troops. Finally, all
difficulties were removed, and the seventh day of July was fixed for
the ceremony of the exchange of flags.
Jackson had encamped with his troops fifteen miles from Pensa-
cola, declaring that he would not enter the town again until he
should do so "under his own standard". Pensacola was crowded
with Americans. From regard r the feelings of the Spaniards there
was little display. Early in the moving, the guard of the Spanish
governor, a company of dragoonselegantly uniformed and equipped,
paraded before the government house. At eight o'clock, a battalion
of the 4th Regiment, United States Infantry, and a company of the
4th Regiment, United States Artillery, marched to the public
square, taking their places opposite the Spanish guard. Four com-
panies of infantry were detached to take possession of the Barrancas.
At ten o'clock, General Jackson, attended by his staff, passed be-
tween the two lines of troops to the government house, where the
necessary formalities took place. These over, and the Spanish
sergeant's guard at the gate relieved by an American guard, Jack-
son and Callava passed through the lines of troops to the house
Jackson had chosen for his residence. The Spanish troops were then
marched to their transports. The Spanish flag gave place to the
American. Salutes were fired by the ship, Hornet, and by the artillery
A letter from Mrs. Jackson, who witnessed the ceremonies from
the gallery of her house on Main Street, is given in full by Parton,

in his Life of Andrew Jackson (II. 6o3-606) and has been quoted more
than once by writers. Yet it is an account at once so simple and so
vivid, that.I can not forbear giving part of it:
After the vessels returned from St. Marks, the General came within two miles
of Pensacola At length, last Tuesday, was the day. At seven o'clock, at
the precise moment, they hove in view under the American flag and a full band
of music. The whole town was in motion. Never did I ever see so many pale
faces. They marched by to the Government House, where the two Gen-
erals met in the manner prescribed, then his Catholic majesty's flag was lowered,
and the American hoisted high in air, not less than one hundred feet.
O how they burst into tears to see the last ray of hope departed of their
devoted city and country-delivering up the keys of the archives, the vessels
lying at anchor, in full view, to waft them to their distant port. Next morning
they set sail under convoy of the Hornet, sloop of war, Anne Maria, and the Tom
Shields. Never did my heart feel more for any people.*

at Pens

ral William O.
f.m Spa. Ti
inc on the ioth (
nent officers wer
ants. But the gi
acola remained

Butler had been appointed to receive East
ic ceremony of transfer took place at St.
f July, i8zi. The Spanish garrison and the
e transported to Cuba, as were some of the
greater number of the inhabitants there and
to become citizens of the United States of

', Mrs. Jackson to Mrs. Elia Kingslcy, Pensacola, .3d July, z8z.---En.




In appoinng General Andrew ackson governor of the newly
acquired territory of Florida, Monroe, no doubt, intended to make
reparation to that military hero for much harsh criticism from
official sources. At any rate, it is certain that Jackson regarded the
appointment as the vindication of his course in the Seminole War,
and so accepted it. He was authorized to exercise all powers until
then exercised by the governor and captin general and intendant of
Cuba, and by e governors of East and West Florida; with the re-
striction that neither he, nor any person acting under him, should

impose or collect new or additional taxes, or confirm any titles to
lands in the territores.
Jackson had made his plans and, immediately after the change of
government, began to issue ordinances. Mayors and aldermen were
appointed for the towns of Pensacola and St. Augustine, and were
authorized to levy taxes for the support of the town governments.
The bestowal of this authority on the town officers, caused the
governor to be accused by his critics of using his power without

regarding the

restrictions placed upon it. Yet it was not proven that

these were "new or additional"."6
Another ordinance, or rather, a section of the first issued, related
to the observance of the Sabbath:
As the Christian Sabbath is observed throughout the civilized world, it is
ordained that, in order to remove any doubt which might be entertained with
respect to the powers of the mayor and council on this subject, the said mayor
and council be authorized to make any regulations on the observance thereof
which they may deem proper."
Accordingly, regulations were made for closing the shops, theaters,
and gambling houses on Sunday. "Three Sabbaths I spent in this
a "'The Council of St. Augustine, for example, laid a tax of twenty-five cents on every hundred
dollars worth of real estate, a tax of ooe dollar a year on each slave over even years of age, two
dollars a year upon each dog, twecnty-our dollars a year upon every dram-hop, fifty dollars a year
upon billiard tables, ten dollars for every 'riding carriage', even and a half per cent. upon the gram
amount of auction sales." See Parton, TAh LiUf f Auaw] Jraksm II. 607.
SPartoo, iid., p. 6o8.


house before the country was in possession under American govern-
ment", wrote Mrs. Jackson to a friend,
The Sabbath [was] profanely kept; a great deal of noise and swearing in
the streets; shops kept open; trade going on, I think, more than on any other day.
They were so boisterous on that day I sent Major Stanton to say to them that
the approaching Sunday would be differently kept. And must I say the worst
people here are the cast-out Americans and negroes? Yesterday I had the happi-
ness of witnessing the truth of what I had said. Great order was observed; the
doors kept shut; the gambling. houses demolished; fiddling and dancing not
heard any more on the Lord's day; cursing not to be heard.A4
Certainly no one could accuse the governor of want of zeal in the
administration of affairs. As to the ordinances he issued for the

transaction of busine

observe that f
of territorial
arising under

or more

ss and the conduct of government,
than twenty years, that is, during t
the courts continued to adjudicate
and respected them as laws bindir

people of the territory-except with regard to certain
repealed by congress in i8nz.s
Among the ordinances then repealed was one auth
naturalization of the resident inhabitants of Florida at

the ch


of government.

nce by those people, wi
t them to any process tc

That ordinance w
ho denied the right
enforce their alleg

States government, since the treaty of cession
should have the same standing as the inhabitant
stories of the United States. As; at that time, Fl
given the right to send a delegate to congress,
the first judge of East Florida, at the request of a
went to Washington during the winter of i8a:
people in laying their wants and conditions be
The ordinance that gave such dissatisfaction di


we must
:he period
: on cases
ig on the

orizing the
the time of

--. ~ a
'as considered as a
t of the governor to
[iance to the United
provided that they
:s of the other terri-
orida had not been
William P. Duval.

number of citizens,
i-z. to act for the
fore the President.
directed the register-

4 Mrs. Goazalez, in the PwsarAsJwu l of December, 908, says in extenation of Mrs. Jackson's
criticisms: "But we must take into consideration that many of the small trades people lived in the
rear, or on the second floor of their shops; and, therefore the front door stood open, more in hospitable
welcome to friends and neighbors than as matter of business. That such was the case in oa in-
stance can be gathered from the following story: A dealer in groceries whose business did not warrant
the keeping of books book keeper, was in the habit of chalking down memoranda of credit sales
on the floor under the bed in the rear room. A customer, coming in one day to settle his account,
che store keeper was somewhat embarrassed to find his wife had scrubbed out the mmoranda."
IS House Report, No. 450, id sess., 27th cooag.




ing of all

those who wished

to claim

the benefits of citizenship

under the treaty; and, as we learn from

Jackson himself,

was dic-

tated first by

"the necessity of affording some evidence which could

be used by those who were at once disposed to make their election
and become citizens of the United States; and, secondly, by the im-



-of which Jackson had seen something. in Louisiana-

of persons claiming exemption as foreigners and the privileges of

citizens as it suited their convenience

'' 66

The feelings of the old residents of St. Augustine, as well as the
problems of the officials of the new government, we find revealed in

a letter from Mr.
governor, August

Worthington, secretary for East Florida, to the



had requested

mayor and council, who had been acting since the cession, to remain
in office, and to meet him on the twenty-second day of August to

receive the governor's ordinances.

They assembled as requested, and

the secretary, as president of the meeting, made a brief address con-
cerning the ordinances. At the close, he complimented the mayor
and councilmen on the manner in which they had discharged their
functions, and expressed the hope that in the reorganization made
necessary by the ordinances they would consent to remain in office.
However, the mayor and all the councilmen except Don Francisco
Fatio, declined, saying that they could not give up their allegiance

to the king of Spain,

whose subjects they were.

"I did not say,

wrote Mr.


that this was absolutely necessary as a preliminary to an office in this territory.
They took the ground themselves, and having taken it, I did not think it essen-
tial for me to say it was not a necessary pre-requisite; so I accepted of all their
resignations, except Mr. Fatio, who, when I came to him, rose up and boldly
said,"Sir, Iwill take the oath of allegiance to the United States with pleasure".67
The meeting was dissolved, and notices were posted that on the
z5 th of August, the civil officers under the new organization should
meet at the council chamber, and publicly take the oath of office.
66 Jackson to the secretary of state, July 30, i82.i. See this letter in American State Papers, Miscel-
laneous, II. 896-897.
67 This was Francis Philip Fatio, who had been a lieutenant in the Swiss guards of France, and who
had come to St. Augustine in x77x as the partner and manager of a colonizing company. During the
American revolution he was a staff officer under the British, and upon the withdrawal of the latter
from Florida became a Spanish subject. He found it easy to change his allegiance once more upon the
transfer of Florida to the United States. See Rerick, Memoirs, I. 86, :oo.-ED.


A descendant of the Fatio Family in Florida points out an editorial confusion with
respect to Francis Felipe Fatio, Sr., and his son of the same name, both of ancient and
honorable descent. The text refers to Francis Felipe Fatio, Jr., who, throughout his life,
served Florida most devotedly. His father, an eminent soldier, who fought with distinction
under several flags-his last forty years being spent in Florida--died in 1811.


Meanwhile, the secretary having determined to offer some of the
most honorable appointments to the old and native inhabitants,

invited some of these to
But those to whom such
on the ground that they
Other appointments, t

announced a large c
by the new officers.
present, and about


accept the offices of judges and aldermen.
appointments were first offered declined,

were still

Some officers
forty Indians

1 subjects of the king of Spain.
, must be made; and on the
I to witness the taking of the o
of the army and of the navy w
. Mr. Worthington made an


dress, which he tells us
administered the oath to
Colonel Forbes, and the
naturalization. After the
Indians, which resulted
into which those people
At Pensacola the great
ceremony of the exchange

their places.

was "confined to the occasion"; then he
Judge Fitch, who swore in the new mayor,
other officers, then opened the registry for
meeting there followed a "talk" with the
only in revealing the state of disturbance
had been thrown by the many changes.
ter number of Spaniards left soon after the
e of flags, and many Americans were taking

Colonel Callava, the former governor, remained, shar-

ing in the social pleasures. The Spanish gentlemen, well bred and
courteous, were favorites generally-which fact General Jackson
found it difficult to understand. Frankly, he had little liking for any
Spaniard, and was always ready to suspect "Spanish treachery".
He had believed that Callava might have been more prompt in
arranging for the transfer of government; and he believed now that
he might have hastened his departure from Pensacola. Therefore,
when Sousa, an officer under Callava, was accused by the heirs of
Nicolis Maria Vidal of retaining in the Spanish archives certain papers
necessary for maintaining the Vidal claim against Forbes and Com-
pany, Jackson was ready to believe in the guilt of Callava and Sousa.
Through some carelessness, the papers had been placed with doc-

uments not relatin
surrendered under
transportation to
Sousa. The matter
ridge,68 who had

g to private rights in the territory, and not to be
the treaty. These papers had been packed for
Havana, and were in the custody of Domingo
was reported to the alcalde, Henry M. Bracken-
charge of all private papers received from the

68 The alcalde, Henry M. Brackcnridge, who afterward rose to such prominence in the territory,
was a native of Pennsylvania. He was possessed of great culture and legal knowledge. His familiarity


Spanish government; he d
declined to deliver it, on tl
to do so; and, to avoid fur
possession to Callava's ho
Brackenridge made the r
scant ceremony, ordered
that Callava be immedia
These orders were obeyed,
at night, and Callava wa
American officers. Nor wo
enter a protest against th
Callava should then and
Callava persisted in his att
anger to so ungovernable
was ordered to the calalbo
of Callava, opened the box
The matter was not end
the United States judge f<

ie ground
their resp

the document of Sousa. Sousa
that he was without authority
sensibility, sent all papers in his

natter known to the governor who, with
Sousa to the calaboose, and directed
tely arrested and brought before him.
although the time was about nine o'clock
s at a dinner party given by one of the
uld the irate governor permit Callava to
e unusual proceedings, but insisted that
there answer the questions put to him.
empts to protest, thus arousing Jackson's
a degree that "the Knightly Castilian"
>se. Brackenridge then went to the house
;es, and took from one the papers desired.
ed. A writ of habeas corpus was issued by
or West Florida, Elijius Fromentin,69 to

with the French and Spanish languages (specially the latter), was of great service to him in Penn-
cola. He rendered Jackson valuable aid in arranging and administering the government. This debt,
Jackson gratefully acknowledged in his lttr October 8, z8u1, in which he says: "I had a mind to
say to you the gratitude I feel for the aid I have raccived from you in the organiatio and administra-
tion of the Government." Although a later hostility developed between the two men, there is no
doubt of Jackson's respect for Brackenridge in these early days. It may be qestiooed whether the
lar's influence was always rightly and wisely exercised; for many perasn, for instance, fully
acquainted with the circumstances,held rackenridge mainly responsible for the Callava difficulty.
His experience in life had been such as to familiarize him with the etiquette of official intercourse.
He was also, as Judge Campbll says (Himwikd Sken 1f Celnil Flridn, pp. 178, 179). "well
acquainted with Jackso's prejudices ad irascible temper, as well as what a firebrand to his nature
were the wrongs, whether real or simulated, of a woman [the complaint of the detention of the paper
was made by a woman]. In the light of thee cosideratis, Brackenridge must stand condemned, as
either a wilful mischief-maker or a wily sycophant, playing from selfish motives, upon the weaknesses
of a great man." See his letters against Jackson written in 1831.
SJudge Fromcntin, whoin this fair opposed the willofackso,wasana tiveofFracc. Educated ina
Jesit college, he had become a priest, and had bee in active service until the French revolution, when the
churchesofFrancewe closed. Therpo, hetook refgein Louisiana, wh hehetaughtschool, studied
law, was admitted to the bar, entered political life, and after a few years represented Louisiana in the
UnitedStatesnate. Meanwhile he had married into an influential family. After de m action of the
Bourbos, however, he left his wife, and returned to France to meek advancement in the church. In this
he was disappointed as his cou in Amrica was dipprovd by his superiors. Agin, he ought refuge
in Louisiana, was resrcd to his wife, but was received coldly by both social ad political cirl Inhis
endeavor to enter political life once more, he tuned o mother sectoim. It is said that it was due a the
influence of his wife's family, as well as to his own reptatio far colarliss and ability, that he was
appointed judge for West Florida. Bssett, Lif 'f AdlJfcam, I. 300, note, says that Promentin was
''thoroughly incomptentfor the duties of the ofcc". See Parton, Tkiff, Ardifabsm, I. 64-639,
where the Callava incident is fully and humorusly created; sc also Bassett, sa w, I. 300-315.



bring before him Callava and Sousa on the night they were im-
prisoned. The guard refused to obey the writ and sent it to the
governor; whereupon, the governor ordered the judge to appear
before him to show cause why he had attempted to interfere with
his "authority as governor of the Floridas, exercising the powers of
the Captain General and Intendant of the island of Cuba". When
the judge appeared, which was not until the next day, there was a
stormy interview, leading to nothing.
The paper having been procured, Callava was released after a few
days. He very soon left for Washington to complain to the author-
ities there of the indignity he had suffered. Soon after his departure,
his officers published a protest against the treatment accorded him
by the governor. This protest simply called forth from Jackson an
order that the Spanish officers should leave the Floridas within four
days, on pain of being "dealt with according to law, for contempt
and disobedience". The order was obeyed.'*
In accepting the governorship of the Floridas, Jackson had enter-
tained the hope of appointing his friends to certain desirable posi-
tions. He was, therefore, deeply chagrined to learn when he came to
Pensacola that the President had already filled the most desirable
offices. "Many have been disappointed," wrote Mrs. Jackson to a
I have not. I saw it as plainly as I now do when it is passing. Oh Lord, forgive,
if Thy will, all those my enemies that had an agency in the matter. Many wander
about like lost sheep; all have been disappointed in offices. Crage has a con-
stable's place of no value. The President made all the appointments, and spit
them from the city of Washington. 7
And so Jackson was without the expected power "to reward his
friends''.Many things annoyed him and he began to call the coming
to Florida "a wild goose chase". He fell ill and longed for rest and
quiet. In October, he returned to Tennessee, leaving the administra-

tion of the Floridas to the secretaries: Worthington,
Walton, for West, Florida. Something of the nature

for East, and
of his instruc-

tons may be gathered from the following extract from a letter to
one of his official family at Pensacola:
SSee documrc in Amican Sae Papes, Mi!arm us, H. bearing o the ad other mncer d
this chapr.--Eo.
"Parnm, Th. Lift f A dh Ja sm, H. 6:z.




-Say to him [Colonel Walton] I have confidence in his talents and energy and
I have no doubt but that the government will be well administered and should
any Tyrart show his head and dare to exercise powers not given by law or the
instructions of the president, that he will promptly show him or them the way
to the Calaboose.

Most of his officers, however, remained,

seemingly well satisfied

to do so. A pleasant society gathered at the homes of Colonel Walton
and other Americans, most of whom held positions under the new
government. It was a society closely drawn together in bonds of


as well as official friendship. Hayne and Bronaugh were

there, the Waltons,

Easter, Call

and a number of others, young,


and full of enthusiasm for the future of Pensacola and the

provinces in general.



The ovinces remained under military rule until M ar o, a,
when, by act of congress, vil government ws established." By
this act the two Floridas were united. The governor, appointed
by tc President for a term of three ears, wasTo "6'o- inelander-in-
chief of he, an x-fficio su ihtendent of
Indian airs.He had power to rdon rtory,
andiFognit reprieves for offenses against the United States untrithe
will of th sidube known. He had power to appoint and
commission all officers, civil and military, whose appointments
were not otherwise provided for; and he was to see to the faithful
execution of the laws.
The secretary, also appointed by the President, was to hold office
for four years. His duty was to record and preserve all papers and
proceedings of the executive and all acts of the governor and legis-
lative council, and transmit copies of the acts of the governor and

council every six months to the President
case of the death, removal, resignation, or
governor, the governor's duties devolved u]
The legislative power, object of jealous I
the goveimrnorfd a mcnnnil of thigeen of"

persons of the Territory'
PRsfdent from citizens of
was to extend to all the
law could be passed incoi
the United States. All la
territory on or before the

of the United States. In
necessary absence of the
pon the secretary.
solicitude, was vested in

the most fit and


. They were appointed annually

the United States in Florida. Their
e rightful subjects of legislation",
isistent with the constitution and I

by the
but no
aws of

ws were to be published throughout the
e first day of December of each year, and

reported to
approved b
council hac
authority t<
the claims

the President tu
'y congress, they
d no power over
o tax the lands of
of land within tl

) be laid before congress; for, if
were of no force. The governor
the primary disposal of the soil,
the United States, nor to interfere
he territory. The council was to i


72 See the Florida enabling act, in 3 U. S. States a Large, 654-659.-ED.



annually, the first session being held at Pensacola for a period not
longer than two months, and thereafter in such place as the gov-
ernor and council might select for a period not longer than four
The judicial power was vested in twq supErior.courts (one for
East, and one or West, Florida) and in such inferior courts and
justices of the peace as the council might from tim.cJotimne estab-
lish. Each superior judge was to appoint a clqkfor his court; these
clerks were to reside respectively at St. Augustine and at Pensacola,

and keep the records.

A district attorney and a marshal were ap-

pointed by the President for each court.


The territory was detailed to one delegate to congress to be
elected "by such descriptions of persons, at such times, and under

such regulations

as the governor and council might from time to

time direct. Such was the simple framework of government in the

Jackson resigned the governor

s office, and the choice of his suc-

cessor fell upon

William P. Duval,

whom President Monroe had

appointed the first judge for East Florida. Duval was a Virginian,
the son of a soldier of the Revolution .HowT-amiliar the story of his
life is to us! How plainly we see the lad of sixteen sitting before the
great blazing fire listening to talk of the older members of the family
-father and stepmother-and the neighbors with them. Suddenly
the father turns, reproves the boy sharply for idleness, and orders

the "good for nothing
We do not remain in th

" to bring in a back log from the woodpile.
.e room, but go with the "good for nothing"

-not to the woodpile, but to the stable, where he saddles his horse


without ceremony of leave taking, sets out across the moun-

tains for the great new country of Kentucky,
so much.
Twenty years will pass before he returns.

of which he has heard

Then he will tie his

horse at the back gate, select a back log from the woodpile, carry it
into the room where he had left the assembled family, and where
now again the father, stepmother, and friends will be sitting talk-
ing, and without a word of explanation, place the log to his satis-


Then turning to his father he will say,

"There is the log,


Father, you sent me for"

old man
for noth
eager ca
and the
life-as a

"You were long enough getting it"

will answer. But none will q
ing" now to sit by the fire a
rs of his adventures in the r
practice of that profession, i
judge in the province as yet

, the

question the right of the "good
s long as he will, or to talk to
lew country, his study of law
his three years in congress, his
more Spanish than American.

In truth, there were few c
meet, few situations in wh
hut or the pioneer's cabin,
he was at home everywhere
the life of every assembly.
fellow of infinite jest", and
more than once owed the v

emergencies that Duval was not ready to
ich he was not at case. In the Indian's
in official circles, at social gatherings-
. Of genial nature and ready wit, he was
He was the very prince of raconteurs, "a
I it is said that in his practice of law he
vinnine of a case less to argument than

to some witty remark or some well-told story. One
Washington Irving were traveling companions, and
ship resulted. Some time after, Irving under the title

wood", gave a l
producing a numb
Duval say that th
ring of the voice a
So much for th
doubt went far in
life was not all a j

ifelike sketch of his stage-coach

summer he and
a lasting friend-
, *"Ralph Ring-
companion, re-

er of his humorous stories. But persons who knew
te stories lost in the telling, for they had not the
nd the twinkle of the eye.
Le social qualities of the man-qualities that no
winning popularity throughout the territory. But
oke to him, though he met it as cheerily as might

be and with many a jest. There was a vigor, physical and mental,
of no common order, and a resolution and courage ever unfailing.
People who live a free and simple life learn to see the real nature of
men under manner and conventions; and the Indians paid Duval
the compliment of saying that he never spoke "with a forked
tongue" ."
The secretary was still Walton, already familiar with affairs.
U With respect to Jackson's administrator in Florida see As Rxista euf t Cisil A&Ciirim
9f Gwenm Jam iM Fl id., a series of articles reprinted from the Naiusl lslliguar, June n-Sip-
tcmbcr .3, 82.3, and the biographies by Paroam and Bamc. For the administration o Daal ad
short sketches of his life, see the following: the sessiolaws of the Florida legislative council aod the
Ju]mnr of the several sessions ( far as pointed ; George Fairbanks, Hisy, pp. 269-8; lowland
H. Rerick, Maum rf Fl~ri (Atlanta, 191), L 48-x64; Thk Se m is tBu ils f dk Nti (Rich-
mood, [eyg9], HI. X3-3I; and Harry Gardnr Cutler, Histy f Flride, Pat a Prta (Chiko
and New York, 1913), I. og x. Dural's first message as over is reprinted in them of the
Florida Historical Society for July, g8, pp. 13-17.-E.


There were those who thought that Walton should have been ap-
pointed governor, as he had acted as governor after Jackson had
left the territory. If Walton himself was disappointed, he gave no
evidence of it, but continued under Duval the able assistant and
sharer of responsibility.
Naturally, great interest was felt in the judicial appointments.
Brackenridge was again appointed at Pensacola, while Joseph L.
Smith, of St. Augustine, was appointed in Duval's place.
With great interest the first meeting of the council was looked
forward to. The first session was to b Ihcll Psacola on the
second Monday'oftJtrtw when the day came, only ve of the
thirteen members were present, and seven were necessary for a
quorum. Nothing could be done but to wait for the coming of the
East Florida members. Those members came by water, and met with
so many delays that it was feared they had been lost at sea. On the
9gth of July, nine members being present, the council began its
Dr. Bronaugh was made president of the council. He had come to
Pensacola on Jackson's staff, but had resigned from the army and
was now a candidate for the office of territorial delegate. He was
very popular and little doubt was entertained of his success.
The question of suffrage was a burning one at this session. A
bill was introduced by Colonel White providing hat all the free
white male inhabitants of the ceded territories of Florida

who were in Florida at the cession of the country to
z7th of July, x8tx, and all white male citizens of the
Florida at the passage of the bill, and who had arrived
should have the right to vote for a delegate t
tory in the congress of the United States. It wi.

according to
right to vote
full regiment
soldiers there
titled to vote.


the United States on the
United States resident in
at the age of twenty-one

:o represent the terri-
11 be readily seen that

this, the soldiers at the army posts would have
in the territorial elections. At this time nearly t
s were stationed at Pensacola, and the number
exceeded the number of citizens who would be
. Naturally, there was much excitement. The bill


I earnestly, and at times angrily, for two days, during the
of which time the galleries of the council chamber were

crowded with representatives of the army, eager for the privilege of
voting in the territorial elections, and with citizens eager to see the
defeat of the bill. "I will offer an amendment tomorrow that will

debar soldiers and sailors from
one member when the first day

challenge you
ment was offer
service of the
Florida on the
was lost, also
not at the time

5, f

replied a friend
after the second
providing that

voting in our elections", declared
s session was ended. "If so, I will
of the bill.
day of excited debate, the amend-
no soldier, sailor, or marine in the

United States who-might be within the territory of
day of election, be allowed to vote. The amendment
one providing that no person should vote who was
:of election subject to the payment of taxes as directed

by the laws of the territory, and another resolution restricting the
suffrage to those liable to pay taxes, serve as jurors, or perform
militia duty. Against the amendments and for the bill as originally
presented, the vote was four to four, the president having the decid-
ing vote. The bill passed, but was disapproved by congress, and
repealed in these terms:
The Delegate shall be elected by such descriptions of persons at such times and
under such regulations as the Governor and Legislative Council shall direct,
soldiers of the United States excepted, who shall under no consideration be per-
mitted to vote.
However, at the first election the soldiers, sailors, and marines
The question of suffrage disposed of, statutes were enacted regu-
lating civil procedure, militia, revenue, and other matters of imme-
diate importance. Jackson had divided Florida into two counties:
Escambia, including the country west of the Suwannee, and St.
Johns, including the remaining country. The first council divided
Escambia, setting off Jackson County, reaching from the Chatta-
hoochee to the Suwannee; and they divided St. Johns, forming
Duval County, which embraced all land lying north of a line drawn
from the mouth of the Suwannee to the eastern coast.
Early in September, yellow fever appeared, and the council, leav-

ing the city, held its
at the "Fifteen Mile
of persons, and one

sessions until the i8th, the day of adjournment,
House". But the dreaded fever was no respecter
of the first victims was the president, Dr. Bro-


naugh. The clerk of the council, Cappinger Connor, also died. With
Edmund Law, of St. Augustine, as president, the council 'continued
its sessions, but interest in lawmaking waned. Jackson, hearing of
Bronaugh's death, wrote with the tenderness of a man who held his
friends dose:
Being absent, I did not receive your letters until the 26th inst. rehearsing the
dreadful calamity that has befallen Pensacola and our friends. You can more
easily judge of my feelings than I can express them when I received the intelli-
gence of the death of my friend, Dr. Bronaugh. It was also rumored that you and
Easter had fallen victims to the ravages of the fever, and really, with the loss of
Shannon and Connor, I began to think that I was to be bereaved of all my friends.
I rejoice amidst my grief that you and Rutledge are safe, and that Easter and
Overton are well. My mind is too much overshadowed with sorrow and gloom
to write. This visitation will materially affect the growth of Pensacola-its
promised health was the basis of its future greatness, and nothing but time and a
strict vigilant police can regain its character for health. How I regret the untimely
death of my friend Bronaugh. Could I have been with him to have afforded him
that kind attention so often bestowed on me, I would be more content. .
The session oQthl next year, 823, was held t St. Augustine.
Now it was the turn of the West Floridianis to exo rince something

of the incc
eight days
dangers, ii
wars, and
were to be

nveniences and delays of travel in the territory. Twenty-
they spent on the journey, meeting difficulties, not to say
i making their way to the capital of East Florida. Such
, delays, and dangers, to men who had served in Indian
who were not without experience of the pioneer's life,
reckoned with as a matter of course. But the transorting

of the records of the territory from Pensacola to St

.Augustine in

wagons, was expensive and inconvenient, and a subject of concern to
the governor.
St. Augustine, when finally reached, was pleasant enough; and
the West Florida members wrote enthusiastically of the extensive
orange groves, the whole country, indeed, seeming like one vast
orange grove. They enjoyed the cheerfulness of the place, the cordial
hospitality, and the gay social life. Here, as at Pensacola, Spanish
influence long dominated the social life. Here, also, the influence of
the Roman Catholic Church was strong; and, especially at festival
seasons, customs brought from the old world showed the vitality of
tradition and inheritance. The council members found themselves

4Jada to oichard Keith Call (Ms.).



entertained in
iron bars at th
so that when t

houses built in the old Spanish fashion,
e lower windows, and high walls around
he gates were fastened, none could enter.
C I C .1 C

with strong
d the yards,
Rather sug-

gestive or prisons, we tninik, but. the citizens or tnhe town were
satisfied that they were able to secure privacy "in the heart of the
The meetings of the council were held in a room of the mansion,
sadly dilapidated, of the old colonial governors. There was more
harmony than there had been at the first session, and on no subject
does there seem to have been a more united sentiment than in regard
to the necessity of selecting&a ifr a capital of the territory that
should be more "eligible and convenient" than either of the former
capitals of the province could be.
It was therefore agreed that the governor should appoint two
commissioners--one from East, and one from West, Florida-who
should examine the country between the Oclockoney (Oclocknee)
and the Suwannee rivers, on the west and east, and between the
northern boundary line of the state and the Gulf of Mexico on the
south, for the purpose of selecting the best situation for the new seat
of government. If the commissioners should disagree, their journals
and notes should be submitted to the governor who, in that case,
was authorized to decide between the two situations chosen. The
next session of the council was to be held at the new seat of govern-
ment, unless, in the opinion of the governor, the council could not be
accommodated there'at that time; in which case, the governor was
empowered to direct the assembly of the council at St. Augustine.
The com mission a ppintdel_ by th governorr were Dr. William
H. Simmons, of St. Augustine, and John Lee Williams, of Pensacola.
The former was held in honor by those who knew Iim. We see him
plainly in the simple telling lines of contemporary testimony as a
man of learning and culture, of good breeding and gentle manners,
and of strict integrity. He was, says Williams, "a very pleasant
traveling companion. however, totally unfit for the woods,
and seemed lost in a wilderness of trees".
Williams, on the other hand, was more at home in the woods than
anywhere else, college graduate, lawyer, and writer though he was.


He was tall and thin, though strong and muscular from out-of-door
exercise; his face, framed by the long hair that fell to his shoulders,
showed strength of.will; his eyes were keen and piercing. He was
the friend of Audubon, to whom he was in spirit akin.7s
Such were the men to whom was given the responsibility of
selecting the seat of government for the territory. In their journals
we find the most accurate account of the country explored, and the
fullest information of the Indians of the country that we find in any
literature of the time; and we do not wonder that the governor
selected them to serve as commissioners.
n John Lee Williams was born in 775, at Salem, Massachusetts, but in early years removed with
his parents to New York State. The boy disliked farm life; moreover, he wished for a better education
than his father could give him; so, after a stormy scene one day, he left home to seek his own fortune.
He entered Hamiltoa College, paying for his tuition by teaching the younger boys. He graduated with
hooor, then studied law, supporting himself by teaching until he was admitted to the bar. He left
New York, lived for a while in Virginia, but removed to Florida in I8to. He went first to Pensacola,
removed to St. Augustine, and in 1834 to Piccolata, then only a landing place for the river boats. At
Piccolata he wrote his Vim ef West FiPidr, and Tirrtry of Flarid. He led a simple, unconventional
life. He loved music, and his playing of the flute was the delight of those who heard it. He taught his
children in the garden, sad we are not surprised to learn that they kIew the elements of botany before
they mastered reading. Among his friends were"Peter Parley", Samuel Goodrich,Washingto Irving,
whom he visited at Sunnyside; and Audubon, with whom he traveled through portions of Florida,
rendering the great naturalist aid by his knowledge of the country and conditions, as well as by his
knowledge of Florida birds. He never lost his love of wandering through the woods; and even during
the troubles with the Indians, his rambles were continued without interruption or disturbance. He
died after a brief illness, November7, s856, and was laid to rest in the garden he had loved and tended.
Brinton (Natr m e F fkriad s Pnmsiw Philadelphia, 189, pp. 68-7) speaks feelingly of this staunch


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