In 1819, Ferdinand VII tries to avoid ceding the Floridas to United States by giving it all away to his favorite members of the Court, making it all private land.
After years of negotiating, the United States and Spain had finally concluded a treaty that would cede Florida to the United States and define the border with Spanish Mexico. For years, Spain dragged their heels, but now Monroe had the upper hand when he blamed Spain for the actions that led to General Andrew Jackson's military actions in Florida. Jackson raided the Seminoles, and seized two Spanish forts. President Monroe now had both the legal standing based on the treaty signed with Florida in 1795 and the backing of the US citizens who had for the most part supported Jackson's invasion of Florida. So for Monroe and Adams, the time was right to force the hand of Spain into signing the treaty. In his 1819, State of the Union address, Monroe explained that the treaty has been given "great consideration" and had all the bases covered or as he described it "a thorough knowledge of all circumstances". The "subject matter of every article" had been discussed for years and repeatedly communicated to Spain. It was written by John Quincy Adams and Minister Onís, both of whom were duly authorized to represent their country. The United States had every right to expect that Spain would sign the treaty, or as the President put it, "The faith of Spain was therefore pledged, under circumstances of peculiar force and solemnity, for its ratification".
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.The Monroe administration thought they had it all wrapped up. The Adams-Onís treaty was ratified by Congress on February 24, 1819 and Monroe had no doubt that "His Catholic Majesty", Ferdinand VII would have ratified it without any delay. But, Spain did not ratify the treaty as expected. What a great disappointment for the Monroe administration. Congress and the United States were furious, they wanted answers. The President had to face Congress and share all the "facts and circumstances" as he knew them. His administration and the State Department were doing everything they could to conclude the treaty as quickly as possible, but Spain was not cooperating. As soon as the treaty was ratified by Congress, George W. Erving the U.S. minister to Spain was instructed to present the treaty to Spain and as soon as it was signed, send it back to the Department of State by a public ship. The treaty was presented to Spain, but rather than sign the treaty, Spain wanted to obtain explanations on "certain points which were not specified", and they were sending an envoy to the United States to obtain such explanations. In response, Erving offered to give full explanations on any point, but Spain refused his proposal. It was August, and Congress was on summer break when Erving then communicated this to the Secretary of State John Quincy Adams in August. Adams thought it was imperative for Spain to sign it before the next Congress session begins. so he gave Erving instructions to "inform the Government of Spain that if the treaty should be ratified and transmitted here at any time before the meeting of Congress it would be received and have the same effect as if it had been ratified in due time."
Erving delivered this message, and sometime in late fall shortly before Monroe's State of the Union was delivered, Spain finally explained why they were unwilling to ratify the treaty. José García de León y Pizarro, the Minister of Spain made two accusations against the United States. He accused Erving of altering one of the principle articles of the treaty and and accused the United States of leading an unauthorized expedition against the Province of Texas. Because of these accusations, His Catholic Majesty Fernando VII was withholding his ratification of the treaty. But these accusations were false, and Monroe had the facts to prove this. He thus, continued to present his case to Congress. First he explained why a new clause that was added to the treaty. The article in question was the 8th article concerning grants of land that were recently made by Ferdinand in Florida. Specifically a new clause was added which stated that any grants made after January 24, 1818 would be considered null and void. Pizarro was in favor of ceding Florida to the United States, but his intentions were in direct conflict with Fernando, the king of Spain. Ferdinand was trying to do everything in his power to make sure that Spain did not cede Florida to the Untied States, and on December 17, 1817 he granted most of East Florida to two members of his court, the Duke of Alagon and the Count d Punonrostro. Then on January 25, 1818 Ferdinand made an additional grant of Florida to Don Pedro de Vargas. Essentially, the King gave away all of Florida, at the time of the treaty most of Florida no longer belonged to the Spanish monarchy and was now in private hands. John Quincy Adams either failed to understand the significance of this or Erving failed to report it to the State department. At this time, Monroe did not know the exact dates of the land grants, but he knew that they were made after the clause was added to the the eighth article of the treaty which would make them "altogether nugatory". Monroe explained that, immediately after the treaty was concluded and ratified by Congress, the United States received word of these land grants they immediately demanded an explanation from Spain. An explanation as granted, and with that the clause was added to the treaty. Ferdinand and Spain continued to delay until they finally ratified the treaty on October 24, 1820. In my next post, I will discuss the Expedition into Texas.
ARTICLE VIII
All the grants of land made before the 24th of January, 1818, by His Catholic Majesty, or by his lawful authorities, in the said territories ceded by His Majesty to the United States, shall be ratified and confirmed to the persons in possession of the lands, to the same extent that the same grants would be valid if the territories had remained under the dominion of His Catholic Majesty. But the owners in possession of such lands, who, by reason of the recent circumstances of the Spanish nation, and the revolutions in Europe, have been prevented from fulfilling all the conditions of their grants, shall complete them within the terms limited in the same, respectively, from the date of this treaty; in default of which the said grants shall be null and void. All grants made since the said 24th of January, 1818, when the first proposal, on the part of His Catholic Majesty, for the cession of the Floridas was made, are hereby declared and agreed to be null and void.
Here is an excerpt of Monroe's 1819 State of the Union Address regarding the confusion around the Eighth Article in the Adams-Onís treaty.
"It being known that the treaty was formed under these circumstances, not a doubt was entertained that His Catholic Majesty would have ratified it without delay. I regret to have to state that this reasonable expectation has been disappointed; that the treaty was not ratified within the time stipulated and has not since been ratified. As it is important that the nature and character of this unexpected occurrence should be distinctly understood, I think it my duty to communicate to you all the facts and circumstances in my possession relating to it.
Anxious to prevent all future disagreement with Spain by giving the most prompt effect to the treaty which had been thus concluded, and particularly by the establishment of a Government in Florida which should preserve order there, the minister of the United States who had been recently appointed to His Catholic Majesty, and to whom the ratification by his Government had been committed to be exchanged for that of Spain, was instructed to transmit the latter to the Department of State as soon as obtained, by a public ship subjected to his order for the purpose.
Unexpected delay occurring in the ratification by Spain, he requested to be informed of the cause. It was stated in reply that the great importance of the subject, and a desire to obtain explanations on certain points which were not specified, had produced the delay, and that an envoy would be dispatched to the United States to obtain such explanations of this Government. The minister of the United States offered to give full explanation on any point on which it might be desired, which proposal was declined. Having communicated this result to the Department of State in August last, he was instructed, notwithstanding the disappointment and surprise which it produced, to inform the Government of Spain that if the treaty should be ratified and transmitted here at any time before the meeting of Congress it would be received and have the same effect as if it had been ratified in due time.
This order was executed, the authorized communication was made to the Government of Spain, and by its answer, which has just been received, we are officially made acquainted for the first time with the causes which have prevented the ratification of the treaty by His Catholic Majesty. It is alleged by the minister of Spain that his Government had attempted to alter one of the principal articles of the treaty by a declaration which the minister of the United States had been ordered to present when he should deliver the ratification by his Government in exchange for that of Spain, and of which he gave notice, explanatory of the sense in which that article was understood. It is further alleged that this Government had recently tolerated or protected an expedition from the United States against the Province of Texas. These two imputed acts are stated as the reasons which have induced His Catholic Majesty to withhold his ratification from the treaty, to obtain explanations respecting which it is repeated that an envoy would be forthwith dispatched to the United States. How far these allegations will justify the conduct of the Government of Spain will appear on a view of the following facts and the evidence which supports them:
It will be seen by the documents transmitted herewith that the declaration mentioned relates to a clause in the 8th article concerning certain grants of land recently made by His Catholic Majesty in Florida, which it was understood had conveyed all the lands which until then had been ungranted; it was the intention of the parties to annul these latter grants, and that clause was drawn for that express purpose and for none other. The date of these grants was unknown, but it was understood to be posterior to that inserted in the article; indeed, it must be obvious to all that if that provision in the treaty had not the effect of annulling these grants, it would be altogether nugatory. Immediately after the treaty was concluded and ratified by this Government an intimation was received that these grants were of anterior date to that fixed on by the treaty and that they would not, of course, be affected by it. The mere possibility of such a case, so inconsistent with the intention of the parties and the meaning of the article, induced this Government to demand an explanation on the subject, which was immediately granted, and which corresponds with this statement."
http://www.presidency.ucsb.edu/ws/index.php?pid=29461
https://history.state.gov/milestones/1801-1829/florida
https://en.wikipedia.org/wiki/Adams%E2%80%93On%C3%ADs_Treaty
The Transcontinental Treaty, 1819: A Primary Source Examination of the Treaty Between the United States and Spain Over the American West by Meg Greene (2006) pgs 35-40
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