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1818 James Monroe - An Unauthorized Act of War. First Seminole War part 3



This is Part 3 of the First Seminole War.  Read Parts 1 & 2

In response to a massacre by the Seminole Indians that took the lives of some 36 soldiers and several women on the Apalachicola River along the Spanish Florida-Georgia border, President Monroe authorized Major-General Andrew Jackson to take appropriate actions stop the incursions.   Andrew Jackson liberally interpreted a vague instruction, gathered 3500 men and invaded Florida.   Jackson burned the town of Tallahassee, captured a Spanish fort at St. Marks, took over the Spanish fort of Pensacola deposing the Spanish governor.  In James Monroe's first state of the Union address, he publicly defended the actions of General Jackson, against the wishes of his Secretary of War John C. Calhoun who urged Monroe to reprimand Jackson of his unauthorized invasion.   Monroe's response was in part due to the urging of John Quincy Adams, Secretary of State who defended Jackson's action and argued that they were indeed, authorized as part of his orders to end the Indian hostilities.  Both Adams and Monroe put most of the blame on Spain for their lack of control over the area as required by Pinkney's treaty of 1795.  Secretary of State Adams, specifically saw the situation as one that could be used to pressure Spain to hand over the entire region to the control of the United States.  

At issue, was not so much the harsh reaction to the Seminole Indians, but rather the attack of a Spanish fort that raised the eyebrows of many top officials including some Congressmen.  According to the Law of nations, the U.S. had the right to pursue their enemies into Florida.  Even more so, since the Seminoles were in fact, inhabitants of Florida, the U.S. had a more complete and unquestionable right to do so.  As Monroe stated in his first state of the union, "In authorizing Major-General Jackson to enter Florida in pursuit of the Seminoles care was taken not to encroach on the rights of Spain."   But, for Monroe to authorize an attack on a Spanish Port would be a different story, that would be to authorize war.  In a letter written on July 19, 1818 to General Andrew Jackson from President Monroe, this subject was discussed at length.  In his letter, President Monroe explained that he was expressing "mysef, with the freedom and candour", and "shall withhold nothing in regard
to your attack of the Spanish posts and occupancy of them, particularly Pensacola".   The President made it very clear, while the U.S.was justified in pursuing the enemy, no order to attack a Spanish Post was given.  Monroe explained that to authorize an attack on a Spanish post would have been to authorize war, for which the "Executive is incompetent".  Only Congress has the power to declare war.  But, and this is a very big "but", Monroe conceded that there are cases, where a "Commanding General, acting on his own responsibility, may with safety pass this limit, and with essential advantage to his country".  This is an interesting point.  President Monroe did not authorize the attack on a Spanish fort, yet he was not condemning it.  Was this approval of his actions?  Or was President Monroe just washing his hands of the situation.  Nevertheless, he was denying any authorization of the attack, and letting Andrew Jackson stand alone to suffer the consequences (or perhaps reap the rewards). 

The letter seems to be a preview of the message that James Monroe later delivered to Congress in his second State of the Union address. In his address, Monroe repeated what he believed justified the morality of Jackson's attack on the Spanish fort.  In the letter to Jackson, he wrote that the officers and troops of Spain who were supposed to be neutral, took actions to "stimulate the enemy to make war".  They provided them with munitions and provided them with asylum in their retreat.  Such conduct of Spain was in direct opposition to the fifth article of the treaty of 1795 (Pinkney's treaty) which was supposed to restrain, even if by force, Indian hostility against the United States.  Although Monroe clearly stated that he did not authorize the attack, he was not questioning whether or not Andrew Jackson was following orders.  According to Monroe, General Andrew Jackson believed that to carry out the orders given to him by the President, that is to end the Indian hostilities, he had to attack the Spanish post.  Jackson had made a calculated decision, that to not deprive the "savages" of the resources they relied on to make war, he would accomplish nothing.   But in obtaining victory, General Jackson was now being brought before his own government to provide justification for his actions.   While the actions, may have been in the best interest of the country, it was not ordered by the government.  If it had been, then there would be no question about discretion or responsibility.   But since it was not ordered by the government, that is Congress, the question now is whether or not General Jackson exercise proper discretion in this matter.   Ultimately, it was Congress that needed to make that decision, and Monroe promised to lay before Congress all the papers concerning this matter.  
"In authorizing Major-General Jackson to enter Florida in pursuit of the Seminoles care was taken not to encroach on the rights of Spain. I regret to have to add that in executing this order facts were disclosed respecting the conduct of the officers of Spain in authority there in encouraging the war, furnishing munitions of war and other supplies to carry it on, and in other acts not less marked which evinced their participation in the hostile purposes of that combination and justified the confidence with which it inspired the savages that by those officers they would be protected.

A conduct so incompatible with the friendly relations existing between the two countries, particularly with the positive obligations of the 5th article of the treaty of 1795, by which Spain was bound to restrain, even by force, those savages from acts of hostility against the United States, could not fail to excite surprise. The commanding general was convinced that he should fail in his object, that he should in effect accomplish nothing, if he did not deprive those savages of the resource on which they had calculated and of the protection on which they had relied in making the war. As all the documents relating to this occurrence will be laid before Congress, it is not necessary to enter into further detail respecting it."
Monroe, then went on to explain in the days after the attack, an order has been issued to deliver the posts of both Pensacola and St. Marks back to Spain as soon as they can provide a competent force defend it against "those savages and their associates".  Here Monroe was delivering a very strong message to Spain.  If you want your territory back, you must provide ample force to protect the United States from further hostilities.   In a letter to C. J. Ingersoll on July 24, 1818 Monroe confided that he believed that the conduct of the Spanish officers had justified the actions of General Jackson.  Monroe wrote, "They stimulated the Indians to the War, furnished them with munitions of War to carry it on, embarrassed his operations by refusing a passage to his provisions, furnished an assylum".   While, retaining the posts might be in the best interest of the country, to authorize such action would also be an act of war.   Thus, Monroe believed it is best restore them to Spain, but not without the following instructions being given to the minister of Spain.  First, the government of Spain must punish the officers, and second the government must place a force in Florida "to restrain the Indians from committing hostilities against the U. States".  This was no small matter, for in that same letter Monroe explained, that if Spain failed to take action and war followed, the "Executive will not be responsible for it".  Rather, it would be the "expedient of desperate councils,
adopted as the last resource to save their Colonies, in the hope of uniting Europe against us".   In other words, if Spain did not take action to protect the United States, that would be tantamount to proof of some nefarious plan to use the incident to provoke war with the United States under the guise of protecting their colonies.   In his letter to Ingersoll, Monroe concluded that perhaps the only way for Spain to avoid war, was to cede the province of Florida to the United States.  Those words, may have come from the Secretary of State, who later used Jackson's military to deliver that very same demand to Minister Onís of Spain.   Adams and Onís reached an agreement in 1819 whereby Spain ceded East Florida to the United states and renounced all claim to West Florida.   In return, the United States agreed to assume liability for $5 million in damage done by American citizens who tebelled against Spain.  One can only wonder, if this was what President James Monroe actually meant or at least hoped for when he added these words to his State of the Union address, "she was likewise enabled to take with honor the course best calculated to do justice to the United States and to promote her own welfare."
"Although the reasons which induced Major-General Jackson to take these posts were duly appreciated, there was nevertheless no hesitation in deciding on the course which it became the Government to pursue. As there was reason to believe that the commanders of these posts had violated their instructions, there was no disposition to impute to their Government a conduct so unprovoked and hostile. An order was in consequence issued to the general in command there to deliver the posts - Pensacola unconditionally to any person duly authorized to receive it, and St. Marks, which is in the heart of the Indian country, on the arrival of a competent force to defend it against those savages and their associates.
In entering Florida to suppress this combination no idea was entertained of hostility to Spain, and however justifiable the commanding general was, in consequence of the misconduct of the Spanish officers, in entering St. Marks and Pensacola to terminate it by proving to the savages and their associates that they should not be protected even there, yet the amicable relations existing between the United States and Spain could not be altered by that act alone. By ordering the restitution of the posts those relations were preserved. To a change of them the power of the Executive is deemed incompetent; it is vested in Congress only.
By this measure, so promptly taken, due respect was shown to the Government of Spain. The misconduct of her officers has not been imputed to her. She was enabled to review with candor her relations with the United States and her own situation, particularly in respect to the territory in question, with the dangers inseparable from it, and regarding the losses we have sustained for which indemnity has been so long withheld, and the injuries we have suffered through that territory, and her means of redress, she was likewise enabled to take with honor the course best calculated to do justice to the United States and to promote her own welfare."

The story is not over just yet, top officials including Henry Clay were still calling for the censure of Jackson's actions including the hanging of two British officials during this invasion of Florida.   But that is part 4, coming soon.

http://www.presidency.ucsb.edu/ws/index.php?pid=29460
https://millercenter.org/president/monroe/foreign-affairs
https://cdn.loc.gov/service/mss/maj/01049/01049_0271_0274.pdf  (Library of Congress documents)
https://history.state.gov/milestones/1801-1829/florida
https://historyengine.richmond.edu/episodes/view/384

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