receipts for them, by duplicates, one of which you will transmit to this Department. On arriving at

ber 5, 1821]

Instructions to Colonel James G. Forbes.

DEPARTMENT OF STATE, Washington, March 10, 1821. SIR: The President of the United States, having occasion to employ a person to take to the Spanish Governor General of the island of Cuba the order from his Government for the delivery of the provinces of East and West Florida to the commissioners or officers of the United States duly appointed to receive them, has selected you as the agent for that purpose, and a certificate to that effect from this Department will be delivered to you with this letter.

You will forthwith repair to New York, and there take passage in the United States sloop of war Hornet, Captain Read, who will be instructed to receive you, and to proceed as soon as possible to the Havana. The order to the Governor General of Cuba, together with a letter from the Spanish Minister, General Vives, to him, is committed to you, and you will deliver it to him in person upon your arrival. You will urge the immediate execution of it, and will offer to take charge yourself of the Governor General's order to the Governor of West Florida. Should he prefer to transmit this by an officer of his own appointment, Captain Read will be authorized to give him a passage with you in the ship to Pensacola. You will also concert with him the means of transmitting the order for the delivery of the province of East Florida to the Governor at St. Augustine. It has been represented that the archives and public documents stipulated to be delivered up by the treaty are at the Havana, and, if so, you will require that they should be delivered to you, and take them with you in the ship to Pensacola, where you will keep them in safe custody till the arrival of Major Gen. A. Jackson, who is appointed Governor of the whole of the territories ceded, and to whom you will deliver them over, or to his order, taking a suitable receipt or

order from the Governor of Cuba, you will immediately give notice, by express, to General Jackson, who will be at Montpelier, in the vicinity of that place, that he may repair to it to receive possession; and you will then remain at Pensacola, giving information to this Department through the nearest mail (believed to be at Blakeley) of your proceedings. You will also communicate to this Department any information relating to the country which it may be useful for us to possess, and wait for such instructions as may be transmitted to you till the accomplishment of the objects of your mission.

Your compensation will be at the rate of eight dollars a day from the time of your departure from this place till your arrival at Pensacola; all your expenses on the passage are to be at your own charge; and from the time of your arrival at Pensacola the allowance will be six dollars a day till you receive notice that it is to cease. If you then conclude to return to New York, the allowance will be continued for a reasonable time, to admit of your return.

The papers herewith furnished you are1. A certificate of your appointment.

2. A commission authorizing you to demand and receive the archives.

3. The order to the Governor and Captain General of Cuba, with a letter to him from the Spanish Minister here.

4. Six copies of the treaty, with the ratifications, to be used as you may find convenient. 5. A copy of the order to the Governor of Cuba.

6. A copy of the act of Congress for carrying the treaty into execution.

It is proper to apprize you that if, by any accident, you should be prevented from executing the service herewith assigned to you, Mr. G. L. Thompson has a commission for performing it in your stead. I am, &c.

JAMES G. FORBES, Esq.

JOHN Q. ADAMS.

tifications, barracks, and other buildings, which are not private property, with the archives and documents which relate directly to the property and sovereignty of said provinces; it being provided, at the same time, that the inhabitants of the territories so ceded shall be secured in the free exercise of their religion, without any restriction; and that all those who may desire to remove to the Spanish dominions shall be permitted to sell or export their effects at any time whatever, in order that they may better effect their purpose, without being subject in either case to duties; and that those who prefer remaining in the Floridas shall be admitted, as soon as possible, to the enjoyment of all the rights of citizens of the United States; it being added, by another article of the same treaty, that the Spanish officers and troops shall evacuate the said territories ceded to | the United States, six months after the exchange of the ratification of the same treaty, or sooner if possible, and shall give possession of them to the officers or commissioners of the United States duly authorized to receive them; and that the United States shall provide the transports and escort necessary to convey the Spanish officers and troops and their baggage to the Havana. And I, having considered and examined the tenor of the articles of the treaty, after having obtained the consent and authority of the General Cortes of the nation with respect to the said cession, have thought proper to approve and ratify the treaty referred to, the ratification of which must be exchanged at Washington, with that which was formed by the President of the United States, with the advice and consent of the Senate of the same; after which exchange, the said treaty will begin to be obligatory on both Governments and their respective citizens; therefore, I command you, and ordain that, after the information, which shall be seasonably given you by my Minister Plenipotentiary and Envoy Extraordinary at Washington, of the ratifications having been exchanged, you proceed, on your part, to make the proper dispositions, in order that, at the end of six months, counting from the date of the exchange of the ratifications, or sooner if possible, the Spanish officers and troops may evacuate the territories of both Floridas, and that possession of them be given to the officers or commissioners of the United States duly authorized to receive them; in the understanding that the United States shall provide the transports and escort necessary to convey the Spanish officers and troops and their baggage to the Havana. You shall arrange, in proper time, the delivery of the islands adjacent and dependent upon the two Floridas, and the public lots and squares, vacant lands, public edifices, fortifications, barracks, and other buildings, which are not private property, as also the archives and documents which relate directly to the property and sovereignty of the same two provinces, by placing them at the disposal of the commissioners or officers of the United States duly authorized to receive them; and all the other papers, and the effects which belong to the nation, and which have not been compre

hended and mentioned in the expressed clauses of the cession, you shall have conveyed and transported to another part of the Spanish possessions which may be most convenient for the public service; as, also, you shall take care that, previous to the delivery, it may be made known, by edicts, to all the present inhabitants of the Floridas, that they have power to remove to the Spanish territories and dominions, the sale or exportation of their effects being permitted to them by the United States at any time whatever, without being subject to duties; and, also, the advantages stipulated in favor of those who shall prefer to remain in the Floridas, to whom I have wished to give this last proof of the protection and affection which they have always experienced under the Spanish Government. Of the delivery which you may make, or may be made by your delegation in the form which has been expressed, you shall make, or cause to be made, a corresponding receipt, duly authenticated, for your discharge; and, in order that you may proceed with entire knowledge in the execution of this commission, there shall be likewise sent to you, by my Minister Plenipotentiary at Washington, an authentic copy of the treaty referred to, of the twenty-second of February, one thousand eight hundred and nineteen, with the insertion of the ratifications of both parties, and of the certificate relative to the exchange of the same; of which documents, and of this my royal order, you shall send a copy, in authentic form, to the Governors of both the Floridas, and to the person or persons who may have, in your name, the accomplishing of the delivery, if it have not been made by yourself.

All which you shall well and completely execute in the form which I have prescribed to you, agreeably to the public service; advising me of your having executed it through my underwritten Secretary of Despatch of State.

Given at Madrid, the twenty-fourth of October, one thousand eight hundred and twenty.

FERDINAND.

Mr. Forbes to Mr. Adams.

HAVANA, April 28, 1821. SIR: I have the honor to report to you that, after alternate strong gales and calms, the Hornet did not anchor in this harbor until the 22d instant, too late for business, had it not been on Sunday.

Governor Mahy received us very graciously on the following day, when I delivered to him the royal order for the delivery to the United States of the Floridas; and, after exhibiting to him my commission, he inquired "when I wished to proceed." I immediately replied, "as soon as possible;" which gave rise to a long conference, in which I offered to be the bearer of his order, and urged the expediency of despatch, as being most conducive to the true interests of both Governments. His Excellency stated that he would do every thing in his power to expedite me. I asked, when? which he answered by saying as soon as the records could be examined, selected, and in

ventoried. I then, to save time, expressed a wish to know the bulk, and that some of these might be dispensed with; but the interpreter who had been called in, officially, and otherwise unnecessarily, told me (by way of interloper) that there would be about twenty boxes of them, and that form as well as regularity required a punctilious inspection of them before they could be delivered to me. On retiring, his Excellency told me that we should be satisfied with each other.

The next two days were to close the holidays; notwithstanding which, the interpreter called upon me, by order of the Governor, to require my commission for translation, and to say that I must put to writing the substance of my conversation with his Excellency, which I immediately did; copy of which is herewith sent, under date of the 24th instant.

Allowing one day to intervene, I waited upon the Governor on the 26th, to ascertain the progress making in the departments to expedite me. I was well received, and told that the necessary orders had been given, and that, as soon as the convoy about sailing for Spain had departed, my business should be particularly attended to.

The interpreter, whom I again saw at the Governor's, mentioned the appointment of an officer to accompany me to Pensacola, and that he held the draught of a letter from the Governor in answer to mine. I regret, however, to state, sir, that, to the moment of closing this despatch, I have not received it, or any communication from him. I have, however, reason to hope that, on the arrival of the Intendant, hourly expected from the country, my stay will not be prolonged more than one week.

As some circumstances may occur during my agency which may be worthy of your notice, to be taken abstractedly, I shall submit them by reference as abstracts, and prepare them accordingly. I am, with the greatest respect, sir, &c. JAMES G. FORBES.

Mr. Forbes to Governor Mahy.

HAVANA, April 24, 1821. MOST EXCELLENT SIR: When I had the honor of delivering into your Excellency's hands the royal order of His Catholic Majesty, through his Minister Plenipotentiary at Washington, for the delivery to the Government of the United States of the Floridas, conformably to the treaty ratified on the 22d February last, I took occasion to present my commission from the President, and to submit various reasons for carrying into immediate effect the stipulations of said treaty, by offering to be the bearer of the final order of possession, and of the archives and public documents.

If arguments were necessary to carry into effect a treaty as illustrative in its stipulations of the honor of the Spanish Government as, in its ratification, it is of the moderation and justice of that of the United States, and farther, in its completion, by the solid foundation it lays of a perpetual friendship between the two nations, I would offer the following for your Excellency's consideration:

That the messenger of His Catholic Majesty was nearly four months in reaching Washington, while the ratification of the treaty at Madrid reached this island in a few weeks.

That, from the 24th October, 1821, (date of the ratification at Madrid,) to the present day, a period of six months has been afforded, of which His Catholic Majesty's officers and subjects have virtually availed themselves in preparing for the surrender of the Floridas-an evident advantage to one party not unworthy of consideration, since no charge of delay has been ascribed to it.

That, while a natural impulse is felt on the one hand, by the citizens of the United States, to become possessed of a promised land, an anxiety equally natural has been manifested on the other, that of the Spanish subjects, to retire from a country about to change its government.

That the season for calms and contrary winds is fast approaching, which is calculated to incommode seriously His Catholic Majesty's forces; while that of rain and of sultry weather may prove very injurious to the troops of the United States.

The gracious manner in which your Excellency has already evinced his disposition to satisfy these demands upon His Catholic Majesty's Government as soon as practicable, are such sources of satisfaction as will be highly appreciated by the President. I hope, therefore, that, according to the stipulations of the treaty, your Excellency will, with the least possible delay, appoint an officer to carry the ultimate orders for possession of the Floridas, by the constituted authorities of the United States, to accompany me in the Hornet sloop of war, Captain Read.

That the archives and documents relating to the Floridas may be accordingly delivered over to me.

That a mode may be adopted for the transmission to the Government of the United States of the final order (in duplicate form) from your Excellency, upon the sub-governors, for the delivery of the Floridas, in case of any accident to the officer accompanying me, and in any event for the delivery of East Florida contemporaneously with that of West Florida, whither the Hornet is bound. I have the honor to be, &c.

JAMES G. FORBES, Commissary and Agent of the U. S. His Exc'y Don NICHOLAS MAHY.

Mr. Forbes to Mr. Adams.

HAVANA, May 5, 1821. SIR: Since I had the honor of addressing you on the 28th ultimo, I availed myself of the earliest opportunity of reminding the Governor of the disposition he had evinced of expediting me. This was afforded me incidentally on the 1st instant, when Mr. Warner desired me to present him as the commercial agent of the United States. After his Excellency gave this gentleman to understand, very pointedly, that he could not recognise him, or view him in any other light than as a merchant, divested of all public character, I observed to him that, as the convoy had sailed, I hoped his Excel

lency would enable me to proceed; upon which I was told that he was anxious to be disencumbered of the country, that orders had been given, and every necessary disposition was making by his secretary, with whom the matter now was, and by whom I should be apprized.

An assurance so gratifying was promptly met by a return of thanks for the early attention he appeared to have shown to my business; under which favorable impression I was about retiring, when it occurred to me to ask his Excellency whether he knew that the Intendant had given his orders on the subject? He appeared ignorant of any occasion for the interference of that officer, and put the question to the interpeter, who hesitatingly replied that "he might have."

This unexpected inconsonancy induced me to obtain an introduction to the register of the records which are in the department of the Intendant, with whom I conversed freely, and was told that most of the papers of this office were those of accountability, and unnecessary to the Government of the United States; that about ten boxes containing the records of grants of land in West Florida were taken by an insurgent privateer out of the vessel in which Governor Mazot was a passenger from Pensacola.

Having brought letters of introduction to the Intendant, which were, on my arrival, sent to him in the country, from whence he wrote me a note to say that he would be in town in a few days, I therefore felt myself at liberty to wait upon his secretary, to ascertain when he would arrive; he answered that it was very uncertain, and probably not before the middle of the month.

As the silence of the Governor and of his secretary might be attributed to the frequent holidays, I sought an occasion to see the former, by accompanying Captain Read to obtain an order to apprehend a man charged, as a citizen of the United States, with depredating on our commerce. His Excellency received us with his characteristic complacency, and agreed upon a course of procedure, reconciling his official duties with the rites of hospitality; then putting both his hands upon my shoulders, in the most friendly manner, said to me in French, (having previously conversed in Spanish,) "Quant à notre affaire, j'espère vous expédier sous peu de jours." I had scarcely time to thank him before he added "au moins d'ici" meaning, no doubt, his office.

I have been thus minute in my detail, sir, that you might know precisely the situation in which my agency stands; and without calling attention to the various buzzes I have heard, I feel it my duty to advert to one which, if well founded, may be of vast importance; it is, that "the Government is very much in arrears to the officers, both civil and military, in the ceded provinces." In this case, moral obligation and honor may impel, or obvious policy may prescribe, that some provision or arrangement may be made for their satisfaction, previous to their change of position, and thus at least cause delay.

to the movements of the Governor, hoping that no political changes in Europe can take place to thwart the just expectations of our nation, or alter the pacific policy of its Government. I shall advise General Jackson of my progress here. I am, with great respect, sir, &c.

JAMES G. FORBES. Hon. J. Q. ADAMS, Sec'ry of State.

Mr. Forbes to Mr. Adams.

HAVANA, May 7, 1821. SIR: In referring you to the enclosed letter, which I had the honor of writing on the 5th instant, I have that of submitting to you a copy of my letter of this date to General Jackson, who is said to be at New Orleans, whither Mr. Thompson proceeded this day in the steamboat with it.

The Governor has sent me a message to wait upon him to-morrow morning, the result of which shall be immediately communicated to you. I am, with the greatest respect, sir, &c.

JAMES G. FORBES. Hon. J. Q. ADAMS, Sec'ry of State.

Mr. Forbes to General Jackson.

HAVANA, May 7, 1821. SIR Commissioned by the President of the United States to deliver the royal order upon the Governor of Cuba, for the delivery of the Floridas to our Government, I was directed by the honorable Secretary of State to communicate with your Excellency upon my arrival in Pensacola, with the further order of the Governor to the Spanish authorities in the Floridas.

I arrived in the Hornet sloop of war on the 23d of last month, and was very favorably received by Governor Mahy, who expressed a wish to expedite me very promptly, as soon as the convoy for Spain sailed.

This assurance has been renewed to me occasionally since, but I regret to say that I am still uncertain when I can receive either the necessary order or the archives, which come also within the range of my commission.

I avail myself of the opportunity afforded by Mr. Thompson of making this communication, and take the liberty of suggesting to your Excellency the expediency of having a person at Pensacola from whom I can, on landing, receive such information as will enable me to communicate immediately with your Excellency by express.

I beg leave also to state that I have applied for an order, in duplicate form, embracing the delivery of East Florida, and that I shall endeavor to find a suitable opportunity of transmitting it to the commanding officer of the United States troops at Amelia Island, subject to such orders as he may receive from the Department of State, or from your Excellency, taking the original with me in the Hornet.