In the early 1800's, piracy continued to be a big problem from American merchants off the coast of Florida and South America. These were privateers who used Spanish colonial laws to legitimize their prizes as contraband of war. One such incident that was recorded in the October 7, 1822 issue of the Niles' Weekly Register is that of the brig Hannah out of Philadelphia.
"The brig Hannah, of Philadelphia, has been plundered of 460 bags of coffee, $5000 worth of tortoise shell, and $1000 in specie. The crew were most horribly treated—the captain, his brother and five passengers, were nearly roasted to death, to make them confess that money was on board, by building a large fire around them, they being tied; they were also nearly killed by being beaten with swords!"
During the previous four years of the Adams administration, Spain refused to even consider any of America's claims. Now as president, Andrew Jackson was going to make it right. He was sending his minister to Spain with a further appeal to his catholic majesty of Spain along with what seems to be a veiled warning, that America would consider less peaceful means.
In 1823, America was alarmed by the seizure of American vessels in and around Puerto Rico by privateers who would then go to Spanish colonial courts and get their loot declared as contraband from vessels who were violating Spain's recent interdiction and blockades. President James Monroe called it a "flagrant outrage" against American citizens a "scandalous nature of the piracy" where the Spanish government was doing nothing to stop piracy in their West Indies Colonies. While the Spanish flag gave merchants of Spain protection, the same could not be said for the U.S. and British merchants who were plundered and often killed. President Monroe wanted to take further action to end the piracy that was not only impacting the United States, but Great Britain as well. In response, Great Britain demanded compensation for the injuries to British property and ordered the Royal Navy to forcibly seize Spanish property. This sent fears around the world that Britain and Spain may be heading for another war, but on March 12, 1823 Britain and Spain settled their differences by signing a convention in Madrid.
In 1823, Hugh Nelson former U.S. Representative from Virginia was appointed minister to Spain by Preident Monroe and instructed to press for American Claims. Negotiations continued until 1828, when the government of Spain declined a proposal to enter into a convention with the United States similar to that which was signed with Great Britain. It had been five years, and no progress was made regarding America's claims. Now in his first year of office, President Andrew Jackson promised he would not only work with Spain to open free trade and end the "scandalous nature of the piracy", but he would also once and for all get Spain to pay claims due to American merchants. Jackson wrote to Congress that he instructed his minister to Spain, Cornelius P. Van Ness "to make a further appeal to the justice of Spain, in behalf of our citizens, for indemnity for spoliation upon our commerce committed under her authority". Jackson was confident that this time the appeal would not be made in vain. Thus far, America has pursued a "pacific and liberal course" with Spain. Jackson was making a direct comparison to the actions of Great Britain (more on this below), and perhaps Jackson was sending a warning that if Spain did not accept this further appeal, more drastic options might be considered. After all, Andrew Jackson was a man of action.
"Our minister recently appointed to Spain has been authorized to assist in removing evils alike injurious to both countries, either by concluding a commercial convention upon liberal and reciprocal terms or by urging the acceptance in their full extent of the mutually beneficial provisions of our navigation acts. He has also been instructed to make a further appeal to the justice of Spain, in behalf of our citizens, for indemnity for spoliations upon our commerce committed under her authority -- an appeal which the pacific and liberal course observed on our part and a due confidence in the honor of that Government authorize us to expect will not be made in vain."On October 2, 1829 just two months before Jackson delivered his first State of the Union Address, Secretary of State Martin Van Buren delivered instructions to Cornelius P. Van Ness, Envoy Extraordinary and Minster Plenipotentiary of the Untied States to Spain. In this instructions, Van Buren explained that some of our citizens have put in claims against the government of Spain which remain unadjusted at the court of Madrid. According to Van Buren, these claims had their origin in the revolutionary wars of South America when the colonies fought for independence from Spain. When Spain was unable to continue the war, they put up a system of blockades and an interdiction of all neutral commerce in the ports of Puerto Cabello and Puerto Rico. Spain then joined forces with the privateers off of Cuba in "an atrocious and savage warfare against neutral commerce, and in making indiscriminate capture and plunder of vessels of all nations". Privateers off of Puerto Rico and Cuba looted the merchants and claimed the vessels as prizes, to which colonial Spanish laws were used to condemn as legal captures of ships that violated the blockades and interdiction. The acts were so outrageous that Great Britain issued orders to send in her naval forces to not only repress the captures but to make reprisals on Spanish policies.
Van Buren, then includes a reference to the "pacific" course of America. Van Buren explained that while Great Britain took military action, the United States pursued an "even tenor of their mild and pacific views". Jackson later used similar words in his State of the Union address to remind Congress that America had been very patient. This was in keeping with the anti-piracy provisions of the Act of Congress on March 3rd, 1819 which allowed the use of armed vessels to seek and recapture any vessels captured on the high seas. Despite these efforts, the pirates who often displayed the Spanish Flag infested the West Indian seas and plundered the "defenceless citizens of the United States". Van Buren affirmed that the United States had every right to claim full indemnity from the government of Spain. Base upon the principles of public law, "the absurd measures" taken by Spain to justify the injuries can be declared illegal.
Van Buren, then discussed the events when Mr. Hugh Nelson was sent to Madrid in 1823 to present the claims of the United Sates citizens. Immediately upon his arrival, he presented a letter demanding full indemnity of all losses sustained by citizens of the United States, but no answer was returned by the Spanish government. Eventually, the Spanish government claimed they had no information about the claims, and that instructions were sent to Havana to inquire about them. When word was finally received from Havana, Spain claimed that their account of the events was very different and that the seizures of the American property was justified because they were considered to be contraband outside the existing treaty between Spain and the United States. Discussions continued for five years, until in 1828 the Spanish government sent a letter that "his catholic majesty, after due consultation, found himself under the necessity of declining the proposition made by the Government of the United States to conclude a convention of the settlement of indemnities." Furthermore, the letter went on to say that the claims made of Great Britain that were paid out, had been "extorted from Spain". Van Buren called this "extraordinary decision" to be "more surprising" than the actual rejection of the claim because there never was any opportunity for the American minister to present the claims "for a full, fair, and impartial examination".
After some more background information, Van Buren than writes to Ness that "one of your first duties, therefore, on reaching your destination, will be to call the attention of his majesty's government to this important subject of difference between two nations and to express, in the firm and dignified tone which becomes the subject, the opinion of the President, that no further delay to a final adjustment of the matter can be acquiesced in by the United States". Van Buren, then suggested that "due to the character of his catholic majesty", there must have been some misconception about the merits of the claim, and that surely there would be an "apology" coming our way about the refusal to respond to the "claims of a friendly power" on the grounds that they are at "war with established principles of public law". Ness was to either demand a "gross sum" large enough to cover all just claims, or to establish a "mixed commission" of citizens from both countries to bring the matter to a speedy issue. The president authorized either approach, but preferred the first. If the second approach is preferred by Spain, then it should follow the sixth article of the treaty of 1794 with Great Britain. If Spain provided a third alternative, then Van Buren wrote to Ness that the President authorized him to accepts it, but not until all other means to adopt one of the first two alternatives had failed.
The full letter of instructions can be found in Congressional Records volume 269.
In 1830, Jackson had little more to say about the negotiations in Spain, other than that he had the "strongest assurances" that our requests would be given early and favorable consideration.
"The subjects of difference with Spain have been brought to the view of that Government by our minister there with much force and propriety, and the strongest assurances have been received of their early and favorable consideration."By 1831, the issue were still not resolved. The United States continued to allege that blockade which allowed Spain to take the U.S. cargo was declarative only and so poorly maintained that Spain had to reduce the charge to contraband trade in order to justify the taking of the cargo. Jackson did not accept this, and told his minister to push for reparations. Spain, refused and continued to argue that they had a right to prohibit trade under there old colonial laws. Jackson stated that this defense was not only to the accounts alleged by America, but also to the "uniform practice and established laws of traditions". Nevertheless, Jackson remained confident that "His Catholic Majesty" would eventually see the injustice of the matter and be "convinced of the justice of the claims" in order to maintain friendly relations.
"With Spain our differences up to [1819-02-22] were settled by the treaty of Washington of that date, but at a subsequent period our commerce with the States formerly colonies of Spain on the continent of America was annoyed and frequently interrupted by her public and private armed ships. They captured many of our vessels prosecuting a lawful commerce and sold them and their cargoes, and at one time to our demands for restoration and indemnity opposed the allegation that they were taken in the violation of a blockade of all the ports of those States. This blockade was declaratory only, and the inadequacy of the force to maintain it was so manifest that this allegation was varied to a charge of trade in contraband of war. This, in its turn, was also found untenable, and the minister whom I sent with instructions to press for the reparation that was due to our injured fellow citizens has transmitted an answer to his demand by which the captures are declared to have been legal, and are justified because the independence of the States of America never having been acknowledged by Spain she had a right to prohibit trade with them under her old colonial laws. This ground of defense was contradictory, not only to those which had been formerly alleged, but to the uniform practice and established laws of nations, and had been abandoned by Spain herself in the convention which granted indemnity to British subjects for captures made at the same time, under the same circumstances, and for the same allegations with those of which we complain.
I, however, indulge the hope that further reflection will lead to other views, and feel confident that when His Catholic Majesty shall be convinced of the justice of the claims his desire to preserve friendly relations between the two countries, which it is my earnest endeavor to maintain, will induce him to accede to our demand. I have therefore dispatched a special messenger with instructions to our minister to bring the case once more to his consideration, to the end that if (which I can not bring myself to believe) the same decision (that can not but be deemed an unfriendly denial of justice) should be persisted in the matter may before your adjournment be laid before you, the constitutional judges of what is proper to be done when negotiation for redress of injury fails."A year later, Jackson wrote to Congress in his fourth annual address that the claims still had not been acknowledged. Yet, Jackson remained hopeful.
"The claims of our citizens on Spain are not yet acknowledged. On a closer investigation of them than appears to have heretofore taken place it was discovered that some of these demands, however strong they might be upon the equity of that Government, were not such as could be made the subject of national interference; and faithful to the principle of asking nothing but what was clearly right, additional instructions have been sent to modify our demands so as to embrace those only on which, according to the laws of nations, we had a strict right to insist. An inevitable delay in procuring the documents necessary for this review of the merits of these claims retarded this operation until an unfortunate malady which has afflicted His Catholic Majesty prevented an examination of them. Being now for the first time presented in an unexceptionable form, it is confidently hoped that the application will be successful."Then, in 1833 Jackson was happy to announce that "Government of Spain has at length yielded to the justice of the claims".
"It affords me peculiar satisfaction to state that the Government of Spain has at length yielded to the justice of the claims which have been so long urged in behalf of our citizens, and has expressed a willingness to provide an indemnification as soon as the proper amount can be agreed upon. Upon this latter point it is probable an understanding had taken place between the minister of the United States and the Spanish Government before the decease of the late King of Spain; and, unless that event may have delayed its completion, there is reason to hope that it may be in my power to announce to you early in your present session the conclusion of a convention upon terms not less favorable than those entered into for similar objects with other nations. That act of justice would well accord with the character of Spain, and is due to the United States from their ancient friend. It could not fail to strengthen the sentiments of amity and good will between the two nations which it is so much the wish of the United States to cherish and so truly the interest of both to maintain."And finally, in 1834 Jackson shared the news that the Queen of Spain had ratified the convention and the claims from 1819 would finally be paid.
"In the midst of her internal difficulties the Queen of Spain has ratified the convention for the payment of the claims of our citizens arising since 1819. It is in the course of execution on her part, and a copy of it is now laid before you for such legislation as may be found necessary to enable those interested to derive the benefits of it."
References
Presidency.ucsb.edu. (2018). Andrew Jackson: First Annual Message. [online] Available at: http://www.presidency.ucsb.edu/ws/index.php?pid=29471 [Accessed 12 Aug. 2018].Presidency.ucsb.edu. (2018). Andrew Jackson: Second Annual Message. [online] Available at: https://www.presidency.ucsb.edu/documents/second-annual-message-3 [Accessed 12 Aug. 2018].
Presidency.ucsb.edu. (2018). Andrew Jackson: Third Annual Message. [online] Available at: https://www.presidency.ucsb.edu/documents/third-annual-message-3 [Accessed 30 June 2019].
Presidency.ucsb.edu. (2018). Andrew Jackson: Fourth Annual Message. [online] Available at: https://www.presidency.ucsb.edu/documents/fourth-annual-message-3 [Accessed 5 Sept. 2019].
Presidency.ucsb.edu. (2018). Andrew Jackson: Fifth Annual Message. [online] Available at: https://www.presidency.ucsb.edu/documents/fifth-annual-message-2 [Accessed 19 Dec. 2019].
Presidency.ucsb.edu. (2018). Andrew Jackson: Sixth Annual Message. [online] Available at: https://www.presidency.ucsb.edu/documents/sixth-annual-message-2 [Accessed 25 Mar. 2020].
Congressional Edition, Volume 269. (1834). U.S. Government Printing Office, pp.3-11.
Niles, H. (2012). Weekly register. volume 23 of 76. [Place of publication not identified]: Gale, Sabin Americana.
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