The Middle Period 1817-1858 Part 2

The Influence of Physical Geography upon Political Development--Defect in the Southern Boundary of the United States before 1819--The Treaty of Paris of 1763--The Boundary between Louisiana and Florida--Occupation of Florida by the United States Forces during the War of 1812--The Hold of the Spaniards on Florida Weakened by the War of 1812--The British Troops in Florida during and after the War of 1812--Nicholls and his Buccaneer State in Florida--The British Government's Repulse of Nicholls' Advances--Destruction of the Nicholls Fort by the United States Forces--The Seminole War--The Fight at Fowltown--The Seminole War Defensive--McGregor on Amelia Island--General Gaines sent to Amelia Island--General Jackson placed in Command in Florida--His Orders--Jackson's Letter to President Monroe--Jackson's Operations in Florida--The First Treaty for the Cession of Florida to the United States--Jackson's Popularity in consequence of the Seminole War--The Attempt in Congress to Censure Jackson--The same Attempt in the Cabinet--The Failure of the Attempt to Censure Jackson in Congress--a.s.sumption of the Responsibility for Jackson's Acts by the Administration--Jackson Triumphant--The Treaty of Cession Attacked in Congress, but Ratified by the Senate--Rejection of the Treaty by the Spanish Government--Resumption of Negotiations--The New Treaty Ratified by the Senate and by the Spanish Government--Political Results of the Seminole War.

It was entirely natural that the quickening of the national spirit and the growth of the national consciousness throughout the United States, in the decade between 1810 and 1820, had, for one of their results, the {20} extension of the territory of the United States, at some point or other, to its natural limits.

[Sidenote: The influence of physical geography upon political development.]

The element of physical geography always plays a large part in national political development. The natural territorial basis of a national state is a geographical unity. That is, it is a territory separated by broad bodies of water, or high mountain ranges, or broad belts of uninhabitable country, or climatic extremes, from other territory, and possessing a fair degree of coherence within. If a national state develops itself on any part of such a territory, it will inevitably tend to spread to the natural limits of the same. It will not become a completely national state until it shall have attained such boundaries, for a completely national state is the sovereign organization of a people having an ethnic unity upon a territory which is a geographic unity.

[Sidenote: Defect in the southern boundary of the United States before 1819.]

In the second decade of this century, and down to the latter part of it, the United States had not acquired the territory of the country as far as to the natural southern boundary east of Louisiana. This boundary was, of course, the Gulf of Mexico; but Spain held in quasi possession a broad strip, and then a long peninsula, of land along and within this boundary. In other words, the territory called Florida, or the Floridas, was, politically, a colony of Spain, but geographically a part of the United States. It was inhabited chiefly by Indian tribes. Spanish rule in this territory was, therefore, foreign rule, both from the geographical point of view and the ethnical. Indian rule was not to be thought of in the nineteenth century. There was but one natural solution of the question. It was that the United States should annex this territory and extend the jurisdiction of the general Government over it.

[Sidenote: The Treaty of Paris of 1763.]

The Treaty of Paris of 1763 was the first great {21} international agreement which gave a fair degree of definiteness to the claims of England, France, and Spain, upon the North American continent. In this Treaty, France surrendered Canada, Cape Breton, and all claims to territory east of the Mississippi River, from the source of the river to the point of confluence of the Iberville with it, to Great Britain.

From this latter point, the boundary between the two powers was declared to be the middle line of the Iberville, and of the Lakes Maurepas and Pontchartrain, to the Gulf of Mexico. It is also expressly stated in this Treaty that France cedes the river and port of Mobile to Great Britain.

In this same instrument, Spain surrendered to Great Britain Florida and every claim to territory east and southeast of the Mississippi.

[Sidenote: The boundary between Louisiana and Florida.]

The boundary between Louisiana and Florida had, to that time, been the River Perdido. After the cessions above mentioned to Great Britain, the British Government united the part of Louisiana received from France with Florida, and then divided Florida into two districts by the line of the River Appalachicola. That part lying to the west of this river was named West Florida, and the part east of it was called East Florida.

By a secret Treaty of the year 1762, which became known to the world some eighteen months later, but whose terms were not executed until 1769, France ceded Louisiana to Spain. After this, therefore, the North American continent was divided between Great Britain and Spain, and the line of division was, so far as it was fixed, the Mississippi River to the confluence of the Iberville with it, then the Iberville and the middle line of the Lakes Maurepas and Pontchartrain to the Gulf of Mexico.

{22} The Treaty of 1762 between France and Spain, having been concluded before the Treaty of 1763 between France and Great Britain, gave Spain a certain show of t.i.tle to the territory between the Mississippi and the Perdido; but the Treaty of 1763, in which France ceded this same territory to Great Britain, was, as we have just seen, known first, and was the Treaty which France executed in respect to this territory. The conflict of claims between Great Britain and Spain, which was thus engendered, continued to be waged for twenty years, and was settled in the year 1783, in so far as these two powers were concerned, by the recession of Florida to Spain.

In this same year, Great Britain recognized the independence of the United States, with a southern boundary extending from the point where the Mississippi River is intersected by the thirty-first parallel of lat.i.tude, along this parallel to the River Appalachicola, thence down the Appalachicola to its confluence with Flint River, thence on the line of shortest distance to the source of the River St. Mary, and thence by the course of this stream to the Atlantic. Spain thus held, as the result of these several treaties, all of the territory south of this line, unless England reserved in her recession of Florida that portion of Louisiana lying between the Iberville and the Perdido, ceded by France to Great Britain in the Treaty of 1763, and united by Great Britain with Florida. There is no evidence in the text of the Treaty of 1783 that Great Britain made any such reservation, or in the subsequent actions of the British Government.

By the Treaty of St. Ildefonso, of October 1st, 1800, also a secret treaty, Spain receded Louisiana to France. The description of the territory thus receded was very vague. It reads in the official translation of the treaty, {23} "His Catholic Majesty promises and engages, on his part, to cede to the French Republic, six months after the full and entire execution of the conditions and stipulations herein relative to his Royal Highness the Duke of Parma, the Colony or Province of Louisiana, with the same extent that it now has in the hands of Spain, and that it had when France possessed it; and such as it should be after the treaties subsequently entered into between Spain and other states."

There was here certainly opportunity for a dispute between Spain and France as to the correct boundary between Louisiana and Florida.

France could claim with some reason the Perdido as the eastern boundary of Louisiana, and Spain could meet this with a counterclaim that, after the cession in 1763 of all Louisiana east of the Iberville and the Lakes to Great Britain, and its union by Great Britain with Florida, the line of the Iberville and the Lakes Maurepas and Pontchartrain was the eastern boundary of Louisiana.

Before, however, any actual contest arose over the question, France sold Louisiana to the United States, with the same vague description of boundary contained in the cession of the territory from Spain to France by the Treaty of St. Ildefonso. The question of boundary became now one which must be settled between Spain and the United States.

The United States claimed at once that Louisiana reached to the Perdido. Spain disputed the claim, and held that Florida extended to the Iberville and the Lakes. Spain could make out the better abstract of t.i.tle. Spain certainly did not intend to recede to France in 1800 anything more as Louisiana than France had ceded to her in 1762. But the United States had a show of legal t.i.tle. It could be held that the ancient boundary of Louisiana was the one intended both in the Treaty {24} of St. Ildefonso and in that of 1803, in which France pa.s.sed the possession of Louisiana to the United States. The reasons of physical geography and of national development certainly favored the annexation of the whole of Florida to the United States; and with such forces to back the apparent legal claim to a large part of it, the result of the dispute could not well have been otherwise than it was.

The United States enforced its claim by military occupation of the disputed district before the close of the War of 1812.

[Sidenote: Occupation of Florida by the United States forces during the War of 1812.]

During the course of the war, the British forces had occupied Pensacola. The Spanish governor either could not, or would not, prevent them from doing so. Florida became thus, in spite of its nominal neutral status, a base of operations for the enemy of the United States. No more convincing evidence of the necessity for its annexation to the United States could have been offered. It was thus seen that not only the geography and the national growth of the Union demanded it, but that the safety of the Union, in case of war with any power, required it. The sea is the natural boundary of the United States on the south, and it was the "manifest destiny" of the Union to reach it.

The occupation of Florida would have been a sound and justifiable policy for the United States, had the Government commanded a sufficient military force for the purpose, when the British troops took possession of Pensacola. General Jackson did expel the British from Pensacola, but restored the place to the Spanish authorities, in order to avoid a conflict with Spain while engaged in war with Great Britain. We know now that the Congress of the United States had, by secret acts pa.s.sed before the beginning of the War, authorized the {25} President to occupy Florida _east_ of the Perdido temporarily.

The President did not deem it wise, under the circ.u.mstances which prevailed, to make use of this power; but the readiness of the Congress to intrust the President with the authority to take possession of the territory of a friendly power certainly shows that a strong feeling existed among the representatives of the people that Florida must be acquired by the United States upon the first fair opportunity.

[Sidenote: The hold of the Spaniards on Florida weakened by the War of 1812.]

The occasion was destined soon to appear. The power of Spain upon the American continents was everywhere in rapid decline. At the close of the War of 1812, the Spanish occupation in Florida was confined substantially to three points--Pensacola, St. Mark's, and St.

Augustine. The remainder of the province, by far the greater part of it, was a free zone, in which desperate adventurers of every race and land might congregate, from which they might make their raids for murder and pillage into the United States, and into which they might escape again with their prisoners and plunder.

[Sidenote: The British troops in Florida during and after the War of 1812.]

We have noticed the occupation of Pensacola by the British troops during the War of 1812, and their expulsion by General Jackson from this position in November of 1814. After this, they concentrated upon the Appalachicola and established a fort some fifteen miles above the mouth of this stream for their head-quarters and base of operations.

The British commander, one Colonel Nicholls, pursued from this point the policy which he had already inaugurated at Pensacola. This policy was the collection and organization of fugitive negroes, Indians, and adventurers of every character, and their employment in raids into the territory, and attacks upon the inhabitants, of the United States.

{26} It appears that Colonel Nicholls did not regard the Treaty between the United States and Great Britain concluding the War as putting an end necessarily to his hostile movements. He remained in command at his fort on the Appalachicola for several months after the ratification of the Treaty, and then went to London, taking with him the Indian priest Francis, for the purpose of securing a treaty of alliance between the British Government and his band of outlaws in Florida.

[Sidenote: Nicholls and his buccaneer state in Florida.]

Before leaving the Appalachicola, he had incited the Indians and their negro auxiliaries to continue hostilities against the United States, by representing to them that the ninth article of the Treaty of Ghent contained a pledge on the part of the United States to reinstate the Indians in all lands held by them in the year 1811. He represented to them that this provision restored to the Creeks the lands in southern Georgia surrendered by them to the United States in the Treaty between the Creeks and the United States made at Fort Jackson in August of 1814, although it was well understood by both of the high contracting parties to the Treaty of Ghent that only those lands were intended under this provision whose seizure by the United States had not been confirmed by an agreement with the Indians; and the pledge as to these only was conditioned upon the immediate cessation of hostilities on the part of the Indians when the Treaty of Ghent should be announced to them. This announcement had been made, and the actual continuation of hostilities, therefore, after the announcement, made this whole article nugatory.

Nicholls left the fort, with all its munitions, in the hands of the negroes and Indians. The garrison {27} consisted of some three hundred negroes and about twenty Indians.

[Sidenote: The British Government's repulse of Nicholls' advances.]

The British Government would not listen to Nicholls' proposition for an alliance between Great Britain and the buccaneering state which he was endeavoring to establish upon territory belonging politically to Spain.

[Sidenote: Destruction of the Nicholls Fort by the United States forces.]

The United States Government waited a year and a half for the disbanding of this hostile force, or for its dispersion by the Spanish authorities, and then, when forbearance had ceased to be a virtue, did the work itself. The fort was destroyed by the explosion of its magazine, which was pierced by a red-hot shot from the batteries of the a.s.sailants, and almost the whole garrison perished. It was claimed that the attack was made by the United States forces with the consent of the Spanish authorities, whatever the significance of that may have been.

Professor von Holst, in his great work, has designated the expedition against the Nicholls Fort as a hunt by the United States army for fugitive slaves. He does not seem to have recognized the danger to the peace and civilization of the United States of the growth of a community of pirates and buccaneers upon its borders. It does not appear to have occurred to him that the most humane att.i.tude toward the slaves of Georgia may have been to prevent them from being drawn into any such connection. He does not seem to have comprehended that any public interest was subserved by disposing of the negroes captured in this expedition in such a way as to prevent any future attempts on their part at co-operation with the Indians in their barbarous warfare upon the frontiers of the United States. In a sentence, he seems to have regarded the entire incident as a prost.i.tution of the military power of the United States to the private greed of {28} slave-hunters, and to have discovered in it a most convincing proof of the canting hypocrisy of the free Republic. In view of all the facts of the case, this certainly appears to be a very crude appreciation of the subject.

[Sidenote: The Seminole War.]

This same historian calls the attack upon the Nicholls Fort the beginning of the Seminole War. It appears, however, more like the termination of the War of 1812, so far as the negro outlaws of Florida were partic.i.p.ant in that War, than like the beginning of a new war.

Generals Gaines and Jackson and the War Department of the Government seem to have so comprehended the event.

After the destruction of the Nicholls Fort, or the Negro Fort, as it was then called, there was comparative peace, for a few months, on the frontier. With the beginning of the year 1817, however, hostilities were renewed. It is not known which party gave the first offence.

Ex-Governor Mitch.e.l.l of Georgia, then holding the office of Indian agent for these parts, thought both parties equally at fault. The point is a matter of little moment. The conflict between civilization and barbarism is irrepressible, and arises as often from the encroachments of civilization as from the onslaughts of barbarism.

[Sidenote: The fight at Fowltown.]

In November of 1817, General Gaines endeavored to secure an interview with the chief of the hostile Indians, but the chief refused to visit the General, whereupon the General sent a detachment of soldiers to the chief's village, called Fowltown, to repeat his invitation, and to conduct the chief and his warriors to a parley-ground. The soldiers were fired upon by the Indians as they approached the village. They naturally returned the fire, and then seized and destroyed the village. A few Indians were killed in the conflict.

{29} The Indian agent, Mitch.e.l.l, called this event the beginning of the Seminole War. It was certainly something more like it than was the capture of the Negro Fort. Still it will be more correct to consider it as being only the continuation of the War of 1812, in so far as the partic.i.p.ation in that War of Great Britain's Indian allies on the southern border of the United States was concerned. They had never really resumed the status of peace after acting during that War, at the instigation of the British officers in Florida, against the United States.

[Sidenote: The Seminole War defensive.]

Following the fight at Fowltown hostilities became much more active.

Fowltown was situated north of the Florida line, upon territory ceded by the Creeks to the United States in the Treaty of Fort Jackson. If, therefore, the incident of November 20th was the beginning of the Seminole War, it stamps that War as defensive in its character. The troops of the United States were attacked upon the territory of the United States. If the further prosecution of the War should, in the judgment of the President, or of the officer whom he might vest with discretionary power in the execution of his will, require the crossing of the Florida line and the pursuit of the enemy upon Florida territory, the character of the War could not be changed thereby. This could not be regarded as making war on Spain. Spain could meet and satisfy the right of the United States to do this only by dispersing the Indians herself, and preventing Florida from becoming a base of hostile operations against the United States. Spain could claim the rights of neutrality for Florida only when she discharged these duties of neutrality. The general principles of international custom required that of her. When, now, we add to this the consideration that Spain had pledged {30} herself in a specific agreement with the United States to do these very things, and that Florida, nevertheless, was actually a free zone, over which no civilized state had any efficient control, then it certainly appears that the right of the United States to pursue its enemy into Florida was clearly in keeping with the recognized law of nations. The President, therefore, ordered the pursuit of the enemy into Florida, under the qualification that if they took refuge in a Spanish fortification the fortress should not be attacked, but the situation should be reported to the War Department and further orders awaited. This order was issued on December 16th, 1817, to General Gaines, who was then in command of the forces on the Florida frontier.

[Sidenote: McGregor on Amelia Island.]

Meanwhile an adventurer by the name of McGregor had, with a band of freebooters, taken possession of Amelia Island, which lies off the coast of Florida, just below the mouth of the St. Mary's River, and had, in the name of the Governments of Buenos Ayres and Venezuela, proclaimed the independence of Florida against Spain. They made the island an entrepot for the smuggling of slaves into the United States, a storehouse for the results of their robberies, and head-quarters generally for piratical expeditions.

[Sidenote: General Gaines sent to Amelia Island.]