Relations with Spain. sumable would have been permitted had he not acted conformably to his orders. A late occurrence at Pensacola, in West Florida, followed by the destruction of Fort Barancas, is an additional proof how little the Americans are disposed to respect the neutrality of Spain, except in cases like the present, in which they are likely to gain something. I beg your excellency, how ever, to be persuaded that, although I consider the foregoing remarks as indispensable, since they prove the slender foundation these people have to claim the protection of a neutrality which they have so recently and so extensively violated, yet it is my anxious wish to respect as sacred and inviolable not only the neutrality of the province under your government, but also all the rights you may claim of me in behalf of the Spanish nation, when they do not interfere with my duty to my own. I beg leave to assure your excellency of the high consideration and respect with which I have the honor to be, your excellency's faithful and obedient servant, GEORGE COCKBURN, Rear Admiral. His Ex'cy Don SEBASTIAN KINDELAN, &C. A true copy: T. DE AGUILAR. No. 6. FERNANDINA, Amelia Island, E. F. did shelter, her within the Spanish territory, by making her fast in a creek connected with the Spanish river, Santa Maria la Chica, (Little St. Marys) in the firm belief that, under the protec tion of a neutral Power in amity both with Great Britain and the United States, she was not exposed to attack or injury, from the respect it was thought would be observed to her while within the Spanish limits. She was carried four miles up said creek, and made fast to the trees. In this situation she was boarded by a British force, detached by Admiral George Cockburn, who was in possession of the country towards St. Marys, with his headquarters at Cumberland Island. They carried off by force part of the property on board said ship, and the next day took full possession of her, and carried her off from the Spanish territory to Cumberland Island, where she had a cargo of negroes put on board of her, and was sent, as deponent was informed, to a British port, supposed to be Bermuda, for adjudication as prize of war; and as neither the deponent nor any one on board committed any act whatever that could serve as a motive for the proceedings of the captors in violation of the justice of Spain, and her dignity and absolute neutrality towards both nations, nor made the smallest resistance to the seizure, as is public and notorious, he therefore protests, once, twice, thrice, and as often as may be necessary, both on behalf of himself and of all those interested in the said ship, against the proceedings of the said Admiral Cockburn, as well as against all others This third day of April, one thousand eight of whom he may and ought of right to claim for hundred and fifteen, appeared before Don Jose the damages and losses sustained by this illegal Pacot, captain of the regiment of Cuba infantry, seizure, and also against the violation of the neumilitary and civil commandant and deputy of the trality of the province of East Florida, to the royal treasury (hacienda) at said place, John injury of the parties interested in the said prize Brown, late captain of the American ship Sab- before the seizure, declaring, as he now does, that ine, captured on the 30th of January by the he refers to the note of this protest, made on the British forces, who declared his wish to enter his 23d of January, which was made with all possiprotest against said capture, noted at this com- ble expedition at this command. All which he mand, on the 23d of the same month, for the like declares and confirms upon the oath he has cause, and in presence of the witnesses Don Jose taken; and having required this original docuMaria Ugarte, an inhabitant of this province, ment to take his recourse therewith, I have and Juan de Rosello, corporal of infantry, ap-granted him complete and ample testimony of pointed to act in the want of a notary public, having first declared his acceptance and taken oath in due form, through the medium of Don Jorge Clark, appointed interpreter, on the Holy Bible, according to the Protestant faith, of which he is a member, to speak the truth, and nothing but the truth, deposes: That the said ship Sabine, formerly the Countess of Harcourt, was captured in the late war by the United States privateer schooner Sabine, and carried into St. Marys, in Georgia, where she was tried before the Court of Admiralty for the State of Georgia, and condemned as good prize, put up at public sale the 5th October, 1814, and bought by Messrs. Diego Williams, Juan Gooding, and Juan Donnell, merchants of Baltimore, as duly appears by the documents to be referred to. That the said purchasers of the prize, being apprehensive that she would be attacked by the British force, as actually happened, took measures to shelter, and the same, and signed it, together with the said commander and interpreter, to which we witnesses present bear testimony. GIL JOSE PACOT, JOSE MARIA UGARTE, MEMORIAL. May it please your Excellency: Mr. John Brown, late captain of the American ship Sabine, formerly the Countess of Harcourt, with all due respect submits: That the said vessel being within the shelter and refuge of a creek of the river called Santa Maria la Chica, (Little St. Marys,) within the limits of the dominions of Spain, was attacked and seized on by the forces of His Britannic Majesty, under the command Relations with Spain. the United States are entitled to the protection of our Government while within the Spanish territory, and, consequently, to resort to it in claiming for them the restitution of such property as may have been taken from them within the lim incontrovertible that, as the said treaty remains in full force, it is indispensable to maintain and observe its whole tenor and stipulations. of Admiral George Cockburn, in the mode and being essentially important to extend to them manner duly set forth in the annexed protest, when so situated, the protection of our Governmade and entered before the military and civil ment, in conformity to the sixth article of the commander of the town of Fernandina, and at-treaty of amity, limits, and navigation, contested by proper witnesses, in the want of a pub-cluded between our Court and the United States lic notary. The said river being within the on the 27th of October, 1795, which runs thus: limits of the dominions of His Catholic Ma- [Here follow the words of the article.] But havjesty, and the vessel seized on when that Power ing been informed extrajudicially, not only that was in a state of peace and amity both with His the vessels so captured within the Spanish waBritannic Majesty and the United States of ters have not been restored, but that the interpoAmerica, the offence committed by this outra-sition of our Government has been received with geous act is evident, as well as the violation of indifference, it is expedient that the claim should the neutral territory, to which a sacred respect be made with all the energy required by the case, was due, and of those universal laws which are and the honor of the nation asserted, by causing maintained and acknowledged by all independent due respect to be paid to the inviolable rights of States and Princes. It being the duty of this neutrality. By a reference to the foregoing armemorialist to claim of your excellency a de-ticle, it is abundantly proved that the citizens of mand of the restoration of said vessel, in virtue of the protection afforded to him by the stipulation contained in the sixth article of the treaty of amity, limits, and navigation, concluded between His Majesty the King of Spain and the United States of America, at San Lorenzo el Real, Octo-its of our jurisdiction; it is therefore evident and ber 27, 1795, expressly applicable to cases of this nature. He, therefore, entreats your excellency to be pleased to cause the necessary orders to be issued, and therewith to employ all due efforts But setting aside so decisive an authority in and energy, claiming the recovery and restora- support of the protection due to a friendly Power tion of the said vessel, and addressing the same so circumstanced, it is sufficient to view the case to the Lords Commissioners of the Admiralty of as connected with the principles of the laws of Great Britain, the judges of the several courts of nations-a subject so thoroughly discussed by all admiralty or vice-admiralty, and all civil and mili-politicians, that no one possessing any ideas upon tary officers and functionaries authorized to take international law dissents from the general opincognizance of such matters, to the end that, on ion of all the civilians as to the degree of aid to be the exhibition of such proofs as may be produced afforded to those who take shelter in the ports or and appear satisfactory and competent to sub- within the limits of a friendly Power; and, acstantiate the contents of the afore-mentioned pro- cording to the opinion of a native of the Kingdom, test, the said ship may be restored, together with any vessel taking shelter under the cannon of a everything belonging to her at the time of her neutral port ought to be defended by it, by keepcapture. All which is hoped from your justice. ing the pursuers at the distance of cannon shot. JOHN BROWN. And would it not be a stain on the character of our nation to pretend to misunderstand the fact of a friendly vessel being taken out of the SpanRe-ish waters, although only made fast to the trees of our territory, by a force belonging to a Power which, although our ally, was, however, then at war with the other? Such an indifference would give rise to all manner of conjectures, which every one would interpret as they pleased, but all acter. Doubts, at least, would be entertained of tending to throw discredit on our national charour good faith in observing our compacts, which delicate point is the distinguishing principle that has ever characterized the Spanish name; and it is well known how important it is for a nation faithfully to observe her treaties. The sixth article, above referred to, is so clear and explicit as to leave no room for the slightest misinterpretation; and if it were now to give it a sense different from that expressed in it, the mischievous consequences would be easily seen. ST. AUGUSTINE, Fa., April 6, 1815. DECREE. St. Augustine, 6th April, 1815. ferred to the Auditor of the War Department. KINDELAN. NOTIFICATION.-Before me, Juan de Entralgo, Government notary pro tem. At St. Augustine, on the same day, and in the same month and year, I attest that I notified the foregoing decree to Captain John Brown. OPINION. May it please your Excellency: ENTRALGO. This petition is the third that has been presented in this superior tribunal, of like nature to that submitted by Mr. John Brown. In the two former cases, a letter was addressed to the English Admiral' then at Cumberland Island, in which it was requested, with all the politeness and respect due to the existing alliance, to be pleased to cause to be restored to their respective owners the vessels claimed by each one, on the ground of their having been captured in our waters, it The general opinion of all political writers is, that, by a violation of a single article of a treaty, it is doubtful whether the whole ought not to be considered as violated. This point has been sufficiently discussed by all the civilians. It can C Relations with Spain. No. 7. not be doubted that, strictly considered, the failure in the last article of a treaty invalidates the whole. ST. AUGUSTINE, December 30, 1814. In fact, what dependence can be placed on the word of a nation which does not faithfully perSIR: At the time you stated to me verbally the form its promises? What it stipulated cannot motives of your coming to this place, I had the be undone or annulled, notwithstanding there honor to represent to you, in like manner, the ormay be an innocent cause for it. The impor- ders I had received from my Government to obtance of a faithful observance of treaties may be serve the strictest neutrality; that I could not, inferred (he adds) from their being so highly in- therefore, permit any communication with the teresting for the public welfare, the purpose for English vessels which might appear off the bar; which they were formed; for this reason they that I would give you every facility for a passage are inviolable and sacred, and the Prince or na- to Providence; that you would be pleased to distion which would seek to violate them would charge the escort of the people of color, which, justly be considered as the enemy of the general under an erroneous idea of this province being weal and the rights of nations. All nations would invaded, you had obtained from the Seminoles as be under the necessity of openly declaring them- a safeguard on your journey; all which I repeat selves against the violation of the public faith, as to you officially for your information and governdisturbers of society." If our Government did ment; and I now add that, by the treaty of peace not claim with firmness the property taken from of 1783, both the Floridas were ceded to Spain the United States within the limits of Spain, by Great Britain, with the same rights therein as who can doubt that such an indifference would possessed by the latter; and that by the Treaty of be sufficient to authorize the conclusion that the St. Ildefonso with the United States of America treaty concluded between the two nations on the in 1796, the northern boundaries of those prov27th of October, 1795, was thereby violated? inces were defined, namely, by a line commencing Even the English, who have made prize of Ame- at the east bank of the Mississippi, at the thirtyrican vessels within the Spanish dominions, would first degree of latitude, and running thence to disapprove our conduct, and consider themselves the river Chatahoochee, and from the junction of released from the present ties of amity in the ex- that river and the Flint, by a right line, to the pectation that, under similar circumstances, they head of the St. Mary's, in the State of Georgia; would be deprived of that favor and protection therefore, all the Indians inhabiting the country to which they are entitled in consequence of our to the south of said line are under the dominion close alliance. I am therefore of opinion that a and protection of the Spanish nation; and such formal application, in polite terms, and embracing of them as inhabit eastward of the river Appalaall the case, be addressed to the members of the chee are included within the limits of the eastern admiralty court at Bermuda, or any other com- province, under my government; in consequence petent tribunal in Great Britain, claiming for the of which, I have to inform you that any disemsaid John Brown, and all others interested with barcation of troops within those limits, or expehim in the case, all due justice; and hoping that dition directed towards this province for the purthe tribunal taking cognizance of it will be pleased pose of attacking the United States, will be conto apply to this present application, that it, togeth-sidered as a rupture on the part of Great Britain; er with the result, may be laid before our court. and that in such case I shall conduct myself as JUAN DE A. SANTECHIES. becomes my duty. I have the honor to assure you of my respect, and to request you will have the goodness to inform me in writing of your intentions. God preserve you may years. SEBASTIAN KINDELAN. To Capt. GEORGE Woodbine. A true copy: TOMAS DE AGUILAR. No. 8. Captain Woodbine to Governor Kindelan. ST. AUGUSTINE, Dec. 30, 1814. SIR: I have the honor to acknowledge the re ceipt of your two notes of this date. In reply to the former, permit me to assure you that I have never used any endeavors to induce the colored people (los morenos) of the province to desert; on the contrary, my instructions, since I have been in the Indian territory, have been to give every aid (as far as requisite) to the cause of our good and faithful ally, the Spanish nation; I am only authorized, in case any deserters should come in from the United States of America, to protect and recruit them for the service of His Britannic ་ Relations with Spain. A true copy: No. 11. Letter of the Chief Boleck. Majesty, agreeably to the proclamation of Vice to which I reply, that you may prevent it by Admiral Sir Alexander Cochrane; copy of which resolutely driving off the persons who plunder I enclose for your information. With respect to you. Whereupon, I assure you of my good will the few Indian and colored people (morenos) who and sincere desire to serve you. attended me as an escort, as their appearance JOSE COPPINGER. seems to have produced some sensation among TOMAS DE AGUILAR. the inhabitants, from an uneasiness about their slaves, I have given them orders to withdraw immediately to a greater distance from their neighborhood, and, if possible, I will leave this place in the evening. I should not have brought this small escort with me if I had not been informed by the Seminole chief Bowlegs that he had certain intelligence that a party of mounted banditti were committing hostilities against the Spanish authorities in this neighborhood. I am greatly obliged by the honor you do me by acquainting me with the boundaries of the territory which Spain considers as hers, which I shall communicate to my commanding officer. I beg you to accept my sincere acknowledg. ments for your politeness, and that you would believe me to be your most devoted humble servant, GEORGE WOODBINE. Captain Royal Marines, &c. His Ex'cy Don S. KINDELAN, &c. No. 9. SUWANEE, September 10, 1816. DEAR FRIEND: I received your letter dated in May, and I am much gratified by the favorable opinion you are pleased to entertain of me. I did not expect to see the English here, but on their arrival they gave us good advice, which was to molest no one, and when they were gone to look on the Spaniards as our friends, since they and the Spaniards were as one. When we were at war with the Americans, all the Indians did us injury; I therefore remain quiet till I see what they will do. You are still calling for me, but it is not in my power to go; every day there are talks in the nation, and I cannot leave them. You will great. ly oblige me by seeing to the payment of old July, as that is a just debt. I often write you, but I never receive an answer. No. 12. Letter of Boleck (Bowlegs) to the Governor of Florida. The Governor of East Florida to the Chief Boleck. MAY 7. ST. AUGUSTINE, FLORIDA, Sept. 26, 1816. Be pleased to inform me if it is your wish I Friend and brother Boleck, Chief of the Semishould go and see you, and be so good as to write nole nation: In consequence of your recommento me. I cannot leave this now, as I do not knowdation, and of the justice of the claim of your but I shall soon have the enemy upon me; I therefore cannot go at present; please to inform me if it is for His Majesty's business or not. I also wish you would advise me what I am to do with these Americans who come and steal my property. I wish you to send me a letter from your own hand. BOLECK, Chief of the nation. No. 10. The Governor of East Florida to the Indian Chief ST. AUGUSTINE, FLORIDA, May 31, 1816. Friend and brother Boleck, Chief of the Seminole Nation: The wish I have constantly had since my entrance into this Government to become known to you, in consequence of the satisfactory information given me by my predecessor, Don Juan Jose de Estrado, of the friendship and good understanding he has experienced in his intercourse with the Seminole nation, of which you are the chief, induced me to express to you by one of your warriors the pleasure I would have in receiving a visit from you whenever circumstances may permit you. I now repeat the same to you in writing, in consequence of the desire you manifest in your letter of the 7th instant, which was delivered to me by one of your people, to which you add a request that I would give you my advice as to the measures you should take relative to the continual robbery of your cattle; negro slave July, for the payment of the sum due TOMAS DE AGUILAR. No. 13. NOVEMBER 18, 1816. SIR: I had the honor of receiving your letter of September, but the impossibility of finding a 1 ན་ Relations with Spain. person to write an answer is the cause of this ap-icans killed my brother, our chief town. I return parent neglect. you my thanks for your letter, Mark of + BOLECK, His Exc'y Don JOSE COPPINGER, No. 14. ST. AUGUSTINE, FLORIDA, I shall be very happy to keep up a good understanding and correspondence with you, and I hope you will, when occasion offers, advise me of such things as may be of service to myself and my people. My warriors and others who go to Si. Augustine return with false reports tending to harass and disturb my people, and prevent them attending to their usual avocations. At one time, the Americans, supported by a force of three thousand men, and such of our brethren as they have compelled to join them, are running lines far within our territory; at another, they FRIEND and BROTHER BOLECK: are collecting a large force at Fort Mitchell, in Your letter of the 18th November was delivthe forks of the Flint and Chatahoochee rivers, ered to me yesterday by one of your servants, in to fall on the towns that may not join them. which you inform me of the receipt of mine of Now, sir, we know of no reason they can have the 26th September last, and other circumstances for attacking an inoffensive and unoffending peo- which give you and your warriors uneasiness. ple, whose wish it is to inhabit their woods, with- I see with pain that the whole comes from the out disturbing or being disturbed by any one. information of persons in whom you ought not We have none of their slaves; we have taken to place the smallest confidence, it being their none of their property since they made peace principle to employ such opportunities for the with our good father, King George; we have purpose of seducing you and your people from followed the orders of the officer of our father, their daily labors. In consequence of this, and who was among us, Colonel Edward Nicholls, and of what you tell me of your desire to keep up the in nowise molested the Americans, though we best understanding and correspondence with me, daily see them encroaching on our lands, stealing and of your hope that the opportunities will not our cattle, and murdering or carrying off our be wanting, let me give you such counsel as may people. We were told by the same officer that, be useful to you, your people, and warriors. I as allies of our father, we were included in the will do so from the sentiments of sincere friendtreaty of peace between our good father and the ship I bear towards you-fearful, however, that Americans, and that the latter were to give up the sentiments of others who come into the terall the territory that had been taken from us ritory under the appearance of friendship, but before the war; but, so far from complying with with bad intentions, may influence your minds, the ninth article of that treaty, they are making and obtain your confidence, by their flattering daily encroachments, and forging treaties (which representations. It is ascertained here that two they pretend are concluded with our people) for persons have lately presented themselves as comcessions and grants of land which never were in missioners of the English nation, who have carexistence, and the signatures to which are un-ried off several runaway negroes, belonging to known to the chiefs of the Creek nation, who alone have a right to assign or transfer the common property, The want of a proper person among our people to acquaint us with these transactions is the cause of our long silence on them, and leads the world, as well as our friends, to think we are in league with the Americans. The principal chiefs of the nation assembled lately at my town of Sahwahna, and resolved to inform the Minister of King George at Washington of our grievances, and of the conduct and usurpation of the Americans, which was accordingly done, and copies sent to England. Until we have one or more persons among our people to watch over our rights and interest, we shall continue to be exposed to the same conduct on the part of the Americans, whose system appears to be the destruction of our peace and tranquillity, and expelling us from our native land. subjects of the King my master and your friend; Chief of the Seminole tribe of Indians. You desired that I would chase off those who Don Luis de Onis to the Secretary of State. steal my cattle, &c. Some of my people have lately driven away several Americans who were WASHINGTON, May 7, 1818. endeavoring to settle at Lachua, and I do not SIR: I have received official advice, through doubt they will represent that as an act of hos- different channels, that the expedition of French tility, although you well know that Lachua is in adventurers which left Philadelphia towards the the heart of my territory, and was, until the Amer-end of last year, with the apparent intention of |