No.7.-Don Joaquin de Anduaga to the Secretary of State.-(Translation.) SIR, Philadelphia, 18th November, 1821. GENERAL JACKSON, not satisfied with the outrages which he practised against Colonel Callava on the 22d of September last, has published, in Pensacola, a Proclamation, in which, on the most frivolous pretexts, he has ordered that D. Marcus de Villiers, D. Bernardo Pieto, D. Louis Gayarre, D. Civito Lasassier, D. Arnaldo Guillamar, D. Carlos de Villiers, D. Pedro de Vegas, and D. Mariano Latady, all in the service of His Catholick Majesty, should quit the abovenamed City, on or before the 3d day of October following.

The reasons which he alleges for a proceeding so shocking, are the following: 1st. That by the 7th Article of the Treaty between Spain and The United States, of the 22d February, 1819, it was stipulated that the Officers and Troops of His Catholick Majesty should evacuate the Territories ceded to The United States, 6 months after the exchange of the Ratifications, or sooner, if possible, and that they should give possession of them to the Officers, or Commissaries, of The United States, duly authorized to receive them. 2d. That the said Officers, acting as a separate Body, endeavoured to sew discontent among the Inhabitants. And, 3d. That they were the authors of a Paper in which they criticised the proceedings which took place in the interrogatory made by General Jackson, of Colonel Callava, previous to his sending him to prison.

If General Jackson, as Commissary for receiving the Floridas, believed it his duty to fulfil, to the letter, the 7th Article of the Treaty, how deficient was he in that duty, in permitting those Officers to remain in the Province more than a month after the expiration of the 6 stipulated? His consent and silence, during this time, afford evident proof that his opinion was, that the Treaty was in no way infringed by the remaining of 8 Individuals, after that time had elapsed; and, in 'truth, it being the spirit of the said 7th Article to secure to The United States the peaceable possession of those Territories, it is very difficult to imagine how so small a number of Subjects could endanger it. Besides, if the Proclamation had for its object the fulfilment of the Article, why was it confined to the 8 Officers by name, and not extended to all those who were likewise in both Floridas?

I confess that I am embarrassed how to answer the second paragraph, because I do not know what General Jackson means by the Officers acting as a distinct body. Can it be, that being Subjects, and belonging to the Service of a Power friendly to The United States, they were seen as Companions, and were not deemed Citizens of this Republick, but Foreigners, who for a short time remained in its Territory, under the protection of the Law of Nations and of Treaties? In this case, the same criminality might be attached to such Americans as travel through Europe, and especially to the Officers of the American

Squadron in the Mediterranean, who, instead of outrages, meet with a reception in the Ports of Spain, to which their circumstances, and the friendship which unites both Nations, entitle them.

The second extreme of the second paragraph, and of the third, are really serious accusations, and, if it be certain that the Officers, either by their actions or by their writings, would have attempted to excite discontent in the Inhabitants, there is no doubt of their being criminal. With regard to their actions, it is very strange that General Jackson has not thought fit, in taking a step so precipitate, to give, what still was not proof, at least the relation of what had obliged him to declare them culpable of such a crime; and as, in the mean time, neither appears evident to me, I think myself authorized to declare the accusation to be false. With regard to the Writing which he cites, the Officers were free to believe themselves at liberty to publish it, since they could not but have been persuaded that they were in a Country where, till lately, the Spanish Laws, and now those of The United States, prevailed, and where the liberty of the press was their justification in doing it. And what did they say in the paragraph copied by General Jackson? That the interrogations were not faithfully translated to Callava; a fact which the same Person, who acted as Interpreter in that act, has since confessed, in a piece published in the newspapers; yet for this publication they have been expelled from the Floridas. I as little comprehend from whence arises the criminality of the passage which General Jackson copies in his Proclamation, that “if, on the one hand, they shuddered at the violent proceedings exercised against their Superior, they knew also what was due to a Government which is on the most friendly footing with their own." What does he wish them to say, but that, notwithstanding the sentiments inspired by the precipitate acts against Colonel Callava, they knew that it was their duty to submit to the decisions of a Government friendly to their own? In vain will it be pretended, that the object of this Writing is to rouse the minds of the Inhabitants. It only relates what took place before them all, and what has since been publickly confessed by one of the Agents of General Jackson himself. There is no doubt, in fact, that the hearts of the Floridians were overwhelmed with sorrow and pain, to see those outrages committed against one who had so long been their Superior, and had known how to gain their affection; no doubt but that, seeing the violences committed against him, and against those who, a few days before, were their Fellow-countrymen, they were so much the more alarmed, because they believed they were passing under the pleasant yoke of a Power, the asylum of liberty and of justice, yet had been witnesses of proceedings seldom practised in the most despotic Countries. But who ought to bear the reproach of effects so natural? He who caused them, or they who deplored them?

I believe I have answered the accusations contained in the Pro

clamation; but, in order to make the irregularity of General Jackson's proceedings more evident, I will grant, for a moment, that they are certain and proved; I will admit that the Officers have been deserving of the chastisement and dishonour which they have suffered; but yet nobody will deny me, that, before it was inflicted upon them, they ought to have been cited before the proper Tribunal, have heard the charges, and have had liberty and time for their defence. These are fundamental principles of the Laws of Spain, and of The United States, and of every civilized Country. Yet, what has been the conduct of General Jackson? Without giving them the least intimation, he publishes, in a language foreign to them, a Proclamation expelling them from the Province, giving them scarcely time to arrange their affairs, and authorizing all Officers, Civil and Military, to apprehend them, and bring them before him!!!

I forbear making reflections upon a fact of such a nature, and it would be doing an injury, Sir, to your sense of justice, if I should dwell upon its odiousness.

In fine, either General Jackson has expelled the above-mentioned Officers, because he believed them criminal, and, in this case, he ought to have had them judged according to the Laws, or he thought proper to do it as a political measure, in which case he ought to have executed it as the relations between the Countries demand, either by giving them notice in writing, or verbally, with that urbanity which a person of his grade ought never to forget. In place of this, he was wanting either to the Laws, or to the respect which was due to the Officers and Subjects of a Power friendly to his Government; and consequently, I feel it my duty to request that you will have the goodness to lay this Note before the President; not doubting, from his well-known justice, that he will give to His Catholick Majesty the satisfaction which the above-mentioned conduct of General Jackson towards the before-named Spanish Officers demands.

The Hon. J. Q. Adums.

Whereupon I renew to you, &c.

JOAQUIN DE ANDUAGA.

No.8.-Don Joaquin de Anduaga to the Secretary of State.-(Translation.) Philadelphia, 22d November, 1821.

SIR,

By your Note of the 13th of August last to my Predecessor, Don Francisco Dionisio Vives, you were pleased to acquaint him that Copies of the Correspondence which had taken place between Don Jose Coppinger, Governor and Commissary nominated by His Catholick Majesty for the delivery of East Florida, and Colonel Butler, Commissary appointed by The United States to take possession of it, had been received. Upon reading it, you cannot but applaud the zeal with which Colonel Coppinger laboured to obviate and remove all the

difficulties which could delay this important transaction, and the activity with which he made the aforesaid delivery, without concluding a multitude of subjects which yet remain pending, and without waiting for the term fixed by the Treaty. The harmony and good understanding which prevailed between both Commissaries is very praiseworthy, inasmuch as they evidently shewed that, guided solely by the desire of executing their respective duties, far from throwing obstacles in the way of its accomplishment, with discussions liable to inflame the mind, they thought that urbanity and decorum were the most proper means of serving their respective Governments, in the important Commission with which they had been entrusted. By the aforementioned Correspondence, it appears that doubts had arisen whether the Artillery and certain Archives ought, or ought not, to be delivered over to The United States, and in that you will have seen that it was clearly and definitively stipulated between Messrs. Coppinger and Butler, that both should remain in St. Augustine, the former in deposite in possession of the Anglo-American Commissary, and the latter in the state in which they were, and without the possibility of their being carried away to The Havannah, until the determination of both Governments, in a certain time, should arrive. At the departure of Colonel Butler from the said City, after the delivery had been effected, he wrote officially to Colonel Coppinger that he should have to transact his business with Captain Bell, who succeeded him; and, without doubt, from the Copies of his Correspondence with Colonel Coppinger, you will have observed that, on various subjects which occurred, he considered him, and interchanged letters with him recognizing him, still in the quality of Spanish Commissary. On the arrival of Mr. Worthington, who came to St. Augustine to supply the place of Captain Bell, the aspect of affairs was changed, and in the Correspondence which took place between him and Colonel Coppinger upon an incident relative to a Spanish Agent, he not only affected not to understand that Coppinger continued in the quality of Spanish Commissary, with the consent of his Predecessors, but he was pleased to make use of expressions highly injurious to Spain, and foreign to the language which a person whom the American Government had thought worthy of its confidence ought to have used. Colonel Coppinger waited for the Answer to the Protest which he had made to Mr. Worthington, upon the incident above-mentioned; when, without any previous notice, or any other cause, the offence was committed which is related in the subjoined Protests of Colonel Coppinger and of the Secretary.

That the American Government had no right to demand any Paper from Colonel Coppinger, is evident from the receipt of the delivery given to him by Colonel Butler, on the 10th of July last, which is given for the delivery of what the Treaty stipulated, and

which declares expressly that the doubt relative to the Artillery, and certain Documents, was left to the determination of both Governments.

That the Commissaries, Coppinger and Butler, had agreed, in virtue of their respective Powers, that the Archives in question should remain in the state in which they were, appears from the Correspondence of both. What reason, then, what pretext, what excuse, can General Jackson and his Officers give, for a crime so unheard of?

From all that I have explained, and from the accompanying Documents, it results:

1st. That His Catholick Majesty has been insulted, in the person of his Commissary, in the most scandalous manner.

2d. That General Jackson has broken, without giving any reason for it, an Agreement signed by his own Officers.

3d. That in the spoliation, or rather plunder, committed in the house of Colonel Coppinger, the Law of Nations, and all the known Laws of Civilized Countries, have been trampled upon, inasmuch as he was the Commissary of a Foreign Power, and inasmuch as, without summons or notice, without accusation, trial, or sentence, the doors of his house have been broken, and he has not only been robbed of his family and private Papers, always sacred, but of those which, being the Correspondence of Office, and reserved with his Government, belong to His Catholick Majesty.

The sentiments which animate a Free People, and the principles which direct those who have the high honour of governing them, are well known to you. Capable of making every sacrifice, where their interest alone is concerned, they never yield when their insulted honour demands just satisfaction. That His Catholick Majesty is under the necessity of demanding it for the repeated insults offered by General Jackson, his Commissaries, Officers, and Servants, is fully proved, by my Remonstrances, and those of Don Hilario de Rivas; and, to be brief, I at present demand, in His Royal Name:

1st. That the Government of The United States shew, in an authentic manner, its disapprobation of the insults offered to the Spanish Commissary, Don Jose Coppinger.

2dly. That the Authors of them be punished as they deserve.

3dly. That all the Papers without any distinction, which were taken from the house of Colonel Coppinger and of the Secretary, on the 2d of October, be restored to Colonel Don Jose Coppinger, who will return to St. Augustine, for that purpose, that he may keep those which belong to the Spanish Government, and preserve in his possession those which have been the object of doubts; until, according to the solemn Stipulation between him and Colonel Butler, both Governments come to a determination respecting them.

4thly. That the Government of The United States satisfy Spain