When the Adams-Onis treaty was signed, the United States agreed to pay five million dollars of indemnity payments owed to American citizens from Spain while Spain ceded all of it's Florida territories to the United States. This was great news for many American citizen's who had suffered damages on the high seas and in merchant dealings with Spain. As President Monroe described it in his 1819 State of the Union Address, "Great losses had been sustained by citizens of the United States from Spanish cruisers more than 20 years before, which had not been redressed". Some of these damages went back 20 years, and now they would finally be resolved. This was in Monroe's words a "treaty of amnity", and done on the part of a the United States in a "spirit of conciliation". It was to be a win-win situation, allowing Spain to pay for the indemnity for injuries and losses without dipping into their treasury, and allowing U.S. citizens to receive a "considerable sum, the presumed amount of their losses."
One can only imagine, the joyous expectations of those U.S. citizens who had been trying for years to get payment for their indemnities from Spain. No story better exemplifies their struggle then that of
Richard Worsam Meade, a prominent land speculator from Philadelphia had established a successful mercantile business in the French colony of Saint-Domingue in the late 1790s. In 1804, Meade went to Spain and established himself as a banker, merchant and ship owner in the port city of Cadiz while also serving U.S. naval agent at the Spanish port from 1806 to 1816. During that time, Meade had given up much of his fortunes to help Spain fund their war with France, and was imprisoned for many years. The affairs of Richard Meade Esquire was reported in an 1816 edition of the Niles Weekly Register. While Richard Meade was in Spain during the Peninsular wars after Napoleon had invaded Spain, and around 1813 Meade promised to advance to Spain a very large sum of money and resources to meet the basic needs of the King's armies. After a portion of this advance was paid with bills from London, Spain demanded that Meade and a number of other merchants surrender their property. Meade refused and was arrested. Meade had secured his own release, but his stores were broken open and his property was taken. Eventually Mead was able to negotiate some payments out of the Spanish treasury to recover his losses, but then about a year later, according to the Niles Weekly Register, "a new set of hungry public agents had got into power" and they demanded that he pay back the entire amount that he had received. Meade tried to fight this, and to protect his own freedom, he turned over to the tribunal a deposit of notes, but wouldn't go as far as allowing the debts owed him by Spain to be eliminated. This refusal led to his arrest and committed for a time to the Castle of Catalina which was described by some as a dungeon. Meade was finally released only after the United States government intervened on his behalf.
Now, in 1819 Meade had every right to expect payment given the President's words, and article 11 of the Adams-Onis treaty stating United States would satisfy all demands from the citizens of the Untied States against Spain up to $5,000,000. In fact, Mr. Meade had received a letter from then Secretary of State John Quincy Adams with a hint that his "just claims against the against the government of Spain, and such further sum as he might advanced, might be satisfied by a cession of lands in that region". But, despite all of this, Richard Worsam Meade was never paid. He fought in claims court for years, but lost his case. The case eventually was appealed and argued in the U.S. Supreme Court some fifty years later in 1869 on behalf of the late Richard Worsam Meade, but the appeal was dismissed. Course proceedings show that Richard Meade sent a claim near $400,000 to the United States, and it was assumed that because of the treaty the United States would cover Mr. Meade's claims. But due to lack of supporting documents, Mr. Meade's case was rejected. As Irony would have it, those documents were sent to Spain when Meade even received a decree or certificate of payment from the King of Spain decreeing that Spain would pay the debts owed him along with interest and personal injuries to the sum of $491,153.62 in U.S. dollars. Mr. Meade had given up payment from Spain, and now had lost payment from the United States as well. Congressman John Forsyth who would go on to become Andrew Jackson's Secretary of State presented a report to Congress in 1826 regarding the documents that were needed for Mr. Meade's case and spoke in favor of reconsidering the Meade claims. Forsyth's appeal failed, and left Richard's Meade's fate in the hand of the courts.
Adams-Onis Treaty, Article 11.
The United States, exonerating Spain from all demands in future, on account of the claims of their Citizens, to which the renunciations herein contained extend, and considering them entirely cancelled, undertake to make satisfaction for the same, to an amount not exceeding Five Millions of Dollars.
Here are the paragraphs from President James Monroe's 1819 State of the Union Address regarding "exonerating Spain from all demands".
"Having informed Congress, on the 27th of February last, that a treaty of amity, settlement, and limits had been concluded in this city between the United States and Spain, and ratified by the competent authorities of the former, full confidence was entertained that it would have been ratified by His Catholic Majesty with equal promptitude and a like earnest desire to terminate on the conditions of that treaty the differences which had so long existed between the two countries. Every view which the subject admitted of was thought to have justified this conclusion.
Great losses had been sustained by citizens of the United States from Spanish cruisers more than 20 years before, which had not been redressed. These losses had been acknowledged and provided for by a treaty as far back as the year 1802, which, although concluded at Madrid, was not then ratified by the Government of Spain, nor since, until the last year, when it was suspended by the late treaty, a more satisfactory provision to both parties, as was presumed, having been made for them. Other differences had arisen in this long interval, affecting their highest interests, which were likewise provided for by this last treaty.
The treaty itself was formed on great consideration and a thorough knowledge of all circumstances, the subject matter of every article having been for years under discussion and repeated references having been made by the minister of Spain to his Government on the points respecting which the greatest difference of opinion prevailed. It was formed by a minister duly authorized for the purpose, who had represented his Government in the United States and been employed in this long- protracted negotiation several years, and who, it is not denied, kept strictly within the letter of his instructions. The faith of Spain was therefore pledged, under circumstances of peculiar force and solemnity, for its ratification.
On the part of the United States this treaty was evidently acceded to in a spirit of conciliation and concession. The indemnity for injuries and losses so long before sustained, and now again acknowledged and provided for, was to be paid by them without becoming a charge on the treasury of Spain. for territory ceded by Spain other territory of great value, to which our claim was believed to be well founded, was ceded by the United States, and in a quarter more interesting to her. This cession was nevertheless received as the means of indemnifying our citizens in a considerable sum, the presumed amount of their losses."
Two years later, Monroe provided Congress with a status update on the 11th article. Commissioners had been appointed, and were waiting for Spanish commissioner's to arrive before beginning to working on the claims that had been made.
"In compliance with an injunction of the law of the 3rd of March last, three commissioners have also been appointed and a board organized for carrying into effect the 11th article of the treaty above recited, making provision for the payment of such of our citizens as have well-founded claims on Spain of the character specified by that treaty. This board has entered on its duties and made some progress therein. The commissioner and surveyor of His Catholic Majesty, provided for by the 4th article of the treaty, have not yet arrived in the United States, but are soon expected. As soon as they do arrive corresponding appointments will be made and every facility be afforded for the due execution of this service."
Adams-Onis Treaty, Article 11.
Similarly, the ninth article of the treaty also alleviated Spain of paying for any injuries or indemnity due American citizens from various other claims including claims " account of Prizes made by French Privateers", "indemnities on account of the suspension of the right of Deposit at New Orleans", "unlawful seizures at Sea", and others. By 1822, after a territorial government was setup, these claims had not yet been paid. President Monroe looked to Congress to setup a district court or some other tribunal court with the authority to decide on the claims.
"In compliance with an act of the last session a Territorial Government has been established in FL on the principles of our system. By this act the inhabitants are secured in the full enjoyment of their rights and liberties, and to admission into the Union, with equal participation in the Government with the original States on the conditions heretofore prescribed to other Territories. By a clause in the 9th article of the treaty with Spain, by which that Territory was ceded to the United States, it is stipulated that satisfaction shall be made for the injuries, if any, which by process of law shall be established to have been suffered by the Spanish officers and individual Spanish inhabitants by the late operations of our troops in Florida. No provision having yet been made to carry that stipulation into effect, it is submitted to the consideration of Congress whether it will not be proper to vest the competent power in the district court at Pensacola, or in some tribunal to be specially organized for the purpose."
ARTICLE 9
The two High Contracting Parties animated with the most earnest desire of conciliation and with the object of putting an end to all the differences which have existed between them, and of confirming the good understanding which they wish to be forever maintained between them, reciprocally renounce all claims for damages or injuries which they, themselves, as well as their respective citizens and subjects may have suffered, until the time of signing this Treaty. The renunciation of the United States will extend to all the injuries mentioned in the Convention of the 11th of August 1802. 2. To all claims on account of Prizes made by French Privateers, and condemned by French consuls, within the Territory and Jurisdiction of Spain. 3. To all claims of indemnities on account of the suspension of the right of Deposit at New Orleans in 1802. 4. To all claims of Citizens of the United States upon the Government of Spain, arising from the unlawful seizures at Sea, and in the ports and territories of Spain or the Spanish Colonies. sdct 5. To all claims of Citizens of the United States upon the Spanish Government, statements of which, soliciting the interposition of the Government of the United States have been presented to the Department of State, or to the Minister of the United States in Spain, since the date of the Convention of 1802, and until the signature of this Treaty. The renunciation of His Catholic Majesty extends, 1. To all the injuries mentioned in the Convention of the 11th of August 1802. 2. To the sums which His Catholic Majesty advanced for the return of Captain Pike from the Provincias Internas. 3. To all injuries caused by the expedition of Miranda that was fitted out and equipped at New York. 4. To all claims of Spanish subjects upon the Government of the United States arizing from unlawful seizures at Sea or within the ports and territorial Jurisdiction of the United States. Finally, to all the claims of subjects of His Catholic Majesty upon the Government of the United States, in which the interposition of His Catholic Majesty's Government has been solicited before the date of this Treaty, and since the date of the Convention of 1802, or which may have been made to the Department of Foreign Affairs of His Majesty, or to His Minister in the United States. And the High Contracting Parties respectively renounce all claim to indemnities for any of the recent events or transactions of their respective Commanders and Officers, in the Floridas. sdct
The two High Contracting Parties animated with the most earnest desire of conciliation and with the object of putting an end to all the differences which have existed between them, and of confirming the good understanding which they wish to be forever maintained between them, reciprocally renounce all claims for damages or injuries which they, themselves, as well as their respective citizens and subjects may have suffered, until the time of signing this Treaty. The renunciation of the United States will extend to all the injuries mentioned in the Convention of the 11th of August 1802. 2. To all claims on account of Prizes made by French Privateers, and condemned by French consuls, within the Territory and Jurisdiction of Spain. 3. To all claims of indemnities on account of the suspension of the right of Deposit at New Orleans in 1802. 4. To all claims of Citizens of the United States upon the Government of Spain, arising from the unlawful seizures at Sea, and in the ports and territories of Spain or the Spanish Colonies. sdct 5. To all claims of Citizens of the United States upon the Spanish Government, statements of which, soliciting the interposition of the Government of the United States have been presented to the Department of State, or to the Minister of the United States in Spain, since the date of the Convention of 1802, and until the signature of this Treaty. The renunciation of His Catholic Majesty extends, 1. To all the injuries mentioned in the Convention of the 11th of August 1802. 2. To the sums which His Catholic Majesty advanced for the return of Captain Pike from the Provincias Internas. 3. To all injuries caused by the expedition of Miranda that was fitted out and equipped at New York. 4. To all claims of Spanish subjects upon the Government of the United States arizing from unlawful seizures at Sea or within the ports and territorial Jurisdiction of the United States. Finally, to all the claims of subjects of His Catholic Majesty upon the Government of the United States, in which the interposition of His Catholic Majesty's Government has been solicited before the date of this Treaty, and since the date of the Convention of 1802, or which may have been made to the Department of Foreign Affairs of His Majesty, or to His Minister in the United States. And the High Contracting Parties respectively renounce all claim to indemnities for any of the recent events or transactions of their respective Commanders and Officers, in the Floridas. sdct
The United States will cause satisfaction to be made for the injuries,
if any, which by process of Law, shall be established to have been suffered by the Spanish
Officers, and individual Spanish inhabitants, by the late operations of the American Army
in Florida.
ARTICLE 11
The United States, exonerating Spain from all demands in future, on account of the claims of their Citizens, to which the renunciations herein contained extend, and considering them entirely cancelled, undertake to make satisfaction for the same, to an amount not exceeding Five Millions of Dollars. To ascertain the full amount and validity of those claims, a Commission, to consist of three Commissioners, Citizens of the United States, shall be appointed by the President, by and with the advice and consent of the Senate; which Commission shall meet at the City of Washington, and within the space of three years, from the time of their first meeting, shall receive, examine and decide upon the amount and validity of all the claims included within the descriptions above mentioned. The said Commissioners shall take an oath or affirmation, to be entered on the record of their proceedings, for the faithful and diligent discharge of their duties; and in case of the death, sickness, or necessary absence of any such Commissioner, his place may be supplied by the appointment, as aforesaid, or by the President of the United States during the recess of the Senate, of another Commissioner in his stead. The said Commissioners shall be authorized to hear and examine on oath every question relative to the said claims, and to receive all suitable authentic testimony concerning the same. And the Spanish Government shall furnish all such documents and elucidations as may be in their possession, for the adjustment of the said claims, according to the principles of Justice, the Laws of Nations, and the stipulations of the Treaty between the two Parties of 27th October 1795; the said Documents to be specified, when demanded at the instance of the said Commissioners. The payment of such claims as may be admitted and adjusted by the said Commissioners, or the major part of them, to an amount not exceeding Five Millions of Dollars, shall be made by the United States, either immediately at their Treasury or by the creation of Stock bearing an interest of Six per Cent per annum, payable from the proceeds of Sales of public lands within the Territories hereby ceded to the United States, or in such other manner as the Congress of the United States may prescribe by Law. The records of the proceedings of the said Commissioners, together with the vouchers and documents produced before them, relative to the claims to be adjusted and decided upon by them, shall, after the close of their transactions, be deposited in the Department of State of the United States; and copies of them or any part of them, shall be furnished to the Spanish Government, if required, at the demand of the Spanish Minister in the United States.
The United States, exonerating Spain from all demands in future, on account of the claims of their Citizens, to which the renunciations herein contained extend, and considering them entirely cancelled, undertake to make satisfaction for the same, to an amount not exceeding Five Millions of Dollars. To ascertain the full amount and validity of those claims, a Commission, to consist of three Commissioners, Citizens of the United States, shall be appointed by the President, by and with the advice and consent of the Senate; which Commission shall meet at the City of Washington, and within the space of three years, from the time of their first meeting, shall receive, examine and decide upon the amount and validity of all the claims included within the descriptions above mentioned. The said Commissioners shall take an oath or affirmation, to be entered on the record of their proceedings, for the faithful and diligent discharge of their duties; and in case of the death, sickness, or necessary absence of any such Commissioner, his place may be supplied by the appointment, as aforesaid, or by the President of the United States during the recess of the Senate, of another Commissioner in his stead. The said Commissioners shall be authorized to hear and examine on oath every question relative to the said claims, and to receive all suitable authentic testimony concerning the same. And the Spanish Government shall furnish all such documents and elucidations as may be in their possession, for the adjustment of the said claims, according to the principles of Justice, the Laws of Nations, and the stipulations of the Treaty between the two Parties of 27th October 1795; the said Documents to be specified, when demanded at the instance of the said Commissioners. The payment of such claims as may be admitted and adjusted by the said Commissioners, or the major part of them, to an amount not exceeding Five Millions of Dollars, shall be made by the United States, either immediately at their Treasury or by the creation of Stock bearing an interest of Six per Cent per annum, payable from the proceeds of Sales of public lands within the Territories hereby ceded to the United States, or in such other manner as the Congress of the United States may prescribe by Law. The records of the proceedings of the said Commissioners, together with the vouchers and documents produced before them, relative to the claims to be adjusted and decided upon by them, shall, after the close of their transactions, be deposited in the Department of State of the United States; and copies of them or any part of them, shall be furnished to the Spanish Government, if required, at the demand of the Spanish Minister in the United States.
http://www.presidency.ucsb.edu/ws/index.php?pid=29461
https://founders.archives.gov/documents/Jefferson/01-39-02-0108
Niles' Weekly Register, Volume 10 by Hezekiah Niles (1816) pg 380
United States Reports: Cases Argued and Adjudged in the Supreme Court of the United States, December Term, 1869, Volume 9 by W.H. & O.H. Morrison pgs. 691-720
https://supreme.justia.com/cases/federal/us/76/691/
http://www.tamu.edu/faculty/ccbn/dewitt/adamonis.htm
John Forsyth: Political Tactician by Alvin Laroy Duckett (2010) pgs. 39-41
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