CHAPTER XXIII.

Treaty Ratified—Jackson Appointed Provisional Governor—Goes to

Pensacola—Mrs. Jackson in Pensacola—Change of Flags—Callava

Imprisoned—Territorial Government—Governor Duval—First Legislature

Meets at Pensacola.

Although the United States was unremitting in its efforts to induce

Spain to ratify the treaty of cession, her ratification was postponed

from time to time under various pretexts. Prominent English journals

having declared, that if Florida was ceded to the United States, Great

Britain, in order to maintain her influence in the Gulf of Mexico,

should insist upon a surrender to her of the Island of Cuba, public

opinion in the United States settled down to the conclusion that the

delay of the ratification was due to British intrigue. But, that this

opinion was ill founded, is evident from President Monroe’s message of

the seventh of December, 1819, in which he says: “In the course which

the Spanish government has on this occasion thought proper to pursue, it

is satisfactory to know that they have not been countenanced by any

European power. On the contrary, the opinion and wishes of both France

and Great Britain have not been withheld either from the United States

or Spain, and have been unequivocal in favor of ratification.”

The procrastination of Spain was the occasion of intense public feeling

in the United States; which at length formally manifested itself on

March 8, 1820, in a resolution reported by the committee of Foreign

Relations of the House of Representatives, to authorize the President to

take possession of West Florida. Patience, however, prevailed, and on

February 19, 1821, the ratification took place.

General Jackson was shortly afterwards appointed Provisional Governor of

Florida, and instructed to proceed to Pensacola with a small military

force, to receive from the Spanish authorities a formal surrender of

West Florida. On April 18, he left the Hermitage, with Mrs. Jackson and

his adopted son, Andrew Jackson Donelson, to enter upon the long,

tedious journey to Pensacola, via New Orleans.

A stage of the journey in Southern Alabama, brought him to a military

post, in the neighborhood of which, William Weatherford, the Creek hero,

resided. At the suggestion of General Jackson, Colonel Brooke, the

commandant of the Post, and his host, invited Weatherford to dine with

his conqueror. The invitation was accepted. When the Great Chief

appeared, Jackson cordially met him, and taking him by the hand,

presented him to Mrs. Jackson as “the bravest man in his tribe.”

Coming into Florida early in July, on reaching what was then known as

the Fifteen Mile House, now as Gonzalia, where Mr. Manuel Gonzalez then

had his cattle ranch, the General spent several days with him. Whilst

there, hearing of the approach of his troops, accompanied by Mr.

Gonzalez, he went up the road to meet them. Coming to a creek, they saw

the wagons of several up-country traders stuck in the mud, which the

latter, for lack of sufficient force, were making ineffectual attempts

to move. On the other side of the branch were several men lying on the

ground, and horses grazing near them. Accosting the men who were tugging

at the wheels of a wagon, Jackson said, “Why don’t you get those men

across the branch to help you?” “Oh! they say they are General Jackson’s

staff.” “Well,” said he, “I am General Jackson himself, and by the

eternal, I will help you!” And with those words, dismounting from his

horse, and throwing off his coat, he lustily put his shoulder to the

wheel.

Upon the arrival of the troops at the Fifteen Mile House, headquarters

were established, and remained there until all the arrangements were

made for a formal change of government.

Mrs. Jackson, however, took up her residence at Pensacola two or three

weeks before July 17, when the change of flags was to take place. During

the Sundays which preceded the change, Mrs. Jackson, who was an

eminently pious woman, cherishing great reverence for the Sabbath, was

greatly scandalized by the manner in which it was dishonored. Shops did

more business on that day than any other. It was a day of public

gambling, fiddling, dancing, and boisterous conduct. When the last

Sunday of Spanish rule came, seemingly because the last, the fiddling,

dancing, noise and confusion, exceeded that of any preceding one. Unable

to restrain her pious indignation, Mrs. Jackson vented it in a protest

against the Sabattic Saturnalia, made through Major Staunton, with the

emphatic announcement that the next Sunday should be differently spent.

In anticipation of the change of government, there was a large influx of

people from the States, induced by the great expectations entertained of

the future of Pensacola; a future in which it was confidently predicted,

it was to be the rival of New Orleans. Many persons also came expecting

official appointments from the new Governor, but who, greatly to his

chagrin, as we learn from Mrs. Jackson’s letters, were disappointed, in

consequence of the President himself making the appointments.

At length the sun arose upon the day when its beams were for the last

time to bathe in light the ancient banner of Castile and Aragon, as the

emblem of the sovereignty of these shores. In the early morning appeared

in the Public Square the Spanish Governor’s guards, handsomely dressed

and equipped, consisting of a full company of dismounted dragoons of the

regiment of Tarragona. After a parade, they fell into line south of the

flag staff, extending from east to west in front of the Government

House, which stood on the north-east corner of Jefferson and Sargossa

streets. At eight o’clock there marched down Palafox street a battalion

of the Fourth Infantry, and a company of the Fourth United States

Artillery, coming from their camp at Galvez Springs, which filing into

the Square, formed a line opposite the Spanish guards, and north of the

flag staff. Precisely at ten o’clock, General Jackson and his staff,

entering the Square, passed amid salutes from the Spanish and American

troops, between their lines to the Government House, where Governor

Callava awaited him for the purpose of executing the documentary

formalities of the cession. As the first sign that this act was

performed, the Spanish sergeant guard at the gate was relieved by an

American sentinel. General Jackson and Governor Callava then left the

house, and passed between the double line of troops. As they reached the

flag staff the Spanish flag came down, and the stars and stripes went

up, saluted by the Fourth Artillery and the sloop-of-war _Hornet_,

whilst her band, assisting at the ceremony, played the Star Spangled

Banner.

At Barrancas the ceremony was slightly different. The flags of both

nations appeared at the same time at half-mast. In that position they

were saluted by the Spaniards. As the flags were separated, one

ascending and the other descending, both were honored with a salute by

the Americans.

The day was naturally one of rejoicing to the Americans, but as

naturally one of sadness and in some instances of heart aches to the

Spanish population. The advantages of being under the United States

government were too great not to be appreciated by owners of real estate

and business men generally. But there was a sentimental side to the

change. Some of the Spanish garrison had married in Pensacola, and with

others the inhabitants had formed social ties, induced by a common

language, habits and tastes. To them it can well be imagined that the

change of flags was but the presage of bitter separations. In 1763 all

the Spanish left the country, and in a common exile mutual consolation

was found; but, in 1821, the sorrow was that a part went and a part

remained to mingle with a strange people. Mrs. Jackson, in a letter,

thus expresses the emotions of the occasion: “Oh! how they burst into

tears to see the last ray of hope depart from their devoted city and

country—delivering up the keys of the archives—the vessels lying in the

harbor in full view to waft them to their distant port.... How did the

city sit solitary and mourn. Never did my heart feel more for a people.

Being present, I entered immediately into their feelings.”

The Sunday following the change was, according to Mrs. Jackson’s

prediction, one of quietude and freedom from the license of previous

ones, which had so shocked her religious sensibilities. She thus

expresses the change: “Yesterday I had the happiness of witnessing the

truth of what I had said. Great order was observed, the doors kept shut,

the gambling houses demolished, fiddling and dancing not heard any more

on the Lord’s day, cursing not to be heard.” For the change the lovers

of Sunday quietude were doubtless indebted to Mrs. Jackson, for her

prediction is not to be taken as that of a prophetess who merely

foresees and foretells, but that of a woman with a will of her own, and

conscious of her ability to direct the stern governor in the exercise of

his authority, at least outside of politics.

The next morning after the change of flags, the Spanish officers and

garrison sailed for Havana in the transports _Anne Maria_ and _Tom

Shields_, under convoy of the United States sloop-of-war _Hornet_.

Governor Callava and staff, however, remained in Pensacola, where his

handsome person, polished manners, soldierly bearing and high character

made him a general favorite with the American officers and their

families, who extended to him every social courtesy. General and Mrs.

Jackson, however, were distant and reserved in their bearing towards

him, resulting in some measure from a prejudice against Spanish

officials induced by the general’s experience with Maurique and Masot.

Perhaps, too, there mingled with that prejudice a slight feeling of

jealousy of Callava’s social success, a weakness from which strong

characters, under the insinuation of others, are not exempt.

There soon occurred, however, a painful interruption of the gallant

Spaniard’s social enjoyment—so graceful an attendant of the change of

government—by an occurrence which must be regarded as a lasting reproach

to its authors.

The treaty required the Spanish government to surrender all documents

relating to private rights in the archives of the province. This duty

had been performed by Callava, who had caused a separation to be made

between the documents falling within the definition of the treaty and

others which did not, and had delivered the former to Alcalde H. M.

Brackenridge, an appointee of the American governor. The latter papers,

packed in boxes for transportation to Havana, were placed in the custody

of Domingo Sousa, one of Callava’s subordinates. In the separation of

the papers, one relating to the estate of Nicholas Maria Vidal,

involving a trifling sum, was by accident placed with the documents in

one of the boxes in Sousa’s possession.

A woman claiming to be an heir of Vidal complained to Brackenridge that

the paper had not been delivered to him and was about to be removed to

Havana by Sousa. Brackenridge, instead of politely calling Callava’s

attention to the woman’s complaint and asking for a surrender of the

document, at once made a preemptory demand for it upon Sousa. Sousa

properly declined compliance, alleging his want of authority to do so

without instructions from Callava, and at the same time, to relieve

himself from responsibility in the matter, sent the boxes to Callava’s

house. Brackenridge at once reported the matter to Jackson, who ordered

Sousa to be imprisoned, and at the same time Callava to be arrested and

brought before him immediately, although it was night and Callava was at

the time at a dinner party at Colonel Brooke’s. When the knightly

Castilian was brought before Jackson, he naturally proposed to enter a

protest against such astonishing proceedings. This Jackson would not

permit, but insisted that Callava should at once answer interrogatories

to be propounded to him. Callava’s persistent attempts to protest were

as persistently interrupted by Jackson, until at last the latter, in a

rage of passion, ordered him to be imprisoned, an order which was

promptly executed by committing him to the calaboose, where Sousa had

preceded him. This outrage committed, Alcalde Brackenridge, as if

determined to leave no bounds of decency unviolated, had the boxes at

Callava’s house opened that night and took from one of them the

worthless paper—worthless at least to the claimant—that had occasioned

the trouble.

For this disgraceful transaction Brackenridge is primarily responsible.

He was an intelligent lawyer, afterwards a judge, and later a member of

Congress from Pennsylvania; and therefore, presumably acquainted with

the decencies, to say nothing of the amenities of official intercourse.

He was likewise well acquainted with Jackson’s prejudices and irascible

temper, as well as what a fire-brand to his nature were the wrongs,

whether real or simulated, of a woman. In the light of these

considerations, Brackenridge must stand condemned, as either a wilful

mischief-maker, or a wily sycophant, playing from selfish motives, upon

the weaknesses of a great man.

But neither Jackson’s greatness, nor his being the dupe of Brackenridge,

can remove from him the reproach of having in this transaction violated

official courtesy, the chivalrous consideration due by one distinguished

soldier to another, as well as the laws of international comity and

hospitality.

A writ of Habeas Corpus was issued by Hon. Elijias Fromentin, U. S.

Judge for West Florida, to bring before him Callava and Sousa, on the

night they were committed. Obedience to the writ was refused by the

guard, who sent it to the Governor. Thereupon, His Excellency issued a

notice to the Judge to appear before him, “to show cause why he has

attempted to interfere with my authority as Governor of the Floridas,

exercising the powers of the Captain-General and Intendant of the Island

of Cuba.” The Judge prudently delayed his appearance until the next day,

in order to allow the Governor time to cool; but in the meantime

remained in momentary expectation of a guard to take him to jail. The

affair, however, ended in a stormy interview, in which to the Governor’s

question, whether the Judge “would dare to issue a writ to be served on

the Captain-General,” the latter replied, “No, but if the case should

require it, I would issue one to be served on the President of the

United States.”

After the troublesome paper was procured by Brackenridge, an order was

made for the release of Callava. A few days after his release he left

Pensacola for Washington to make his complaints to the United States

government.

Some of the Spanish officers whom he had left in Pensacola, published

after his departure, a paper expressing their sense of the outrage to

which he had been subjected. This being regarded by Jackson as an

attempt “to disturb the harmony, peace and good order of the existing

government of the Floridas,” the protesting Spaniards were by

proclamation ordered to leave the country by the third of October,

allowing them four days for preparation, “on pain of being dealt with

according to law, for contempt and disobedience of this, my

proclamation.”

A tragedy occurred during Jackson’s rule, which illustrates his lack of

tenderness of human life. With full knowledge of the affair, he

permitted a duel to be fought in a public place by two young officers,

Hull and Randall. When he was informed that the former had fallen, shot

through the heart, pistol in hand, with the trigger at half-cock, he

angrily exclaimed: “Damn the pistol; by G—d, to think that a brave man

should risk his life on a hair-trigger!”

Jackson’s bearing generally, and especially his summary dealings with

Callava and Sousa, had inspired the population with great fear of his

despotic temper. Of that feeling there occurred a ludicrous

illustration. An alarm of fire brought a crowd to the Public Square,

which was near the fire. General Jackson also hurried to the scene. To

stir the lookers-on to exertion, he made a yelling appeal. The crowd not

understanding English, and thinking it had heard a notice to disperse,

took to its heels, and left the General the sole occupant of the Square.

Mrs. Jackson was a domestic woman, and better satisfied to have her

husband at home, than to see him in exalted stations requiring his

absence from the Hermitage. Whilst in Pensacola, she pined for that dear

spot; and it is, evidently, with joy, that she announced in a letter to

a friend, that the General calls his coming to Florida, “a wild goose

chase,” and that he proposed an early return. In October they returned

to Tennessee.

That a man of his estate and political prospects, should have accepted,

to fill for a few months, the office of Governor of a wilderness, with a

salary of $5,000, admits of only one explanation. His recent campaign

had been so severely condemned, that he regarded the tender of the

appointment by Mr. Monroe, as having the semblance, at least, of a

national apology for the injustice which he had suffered, and

accordingly he accepted it in the spirit in which it was tendered. In a

word, he filled the office, because filling it would be a vindication of

his conduct in the campaign of 1818.

On the third of March, 1822, congress established a territorial

government for both the Floridas as one territory. The first governor

under the territorial organization was W. P. Duval of Kentucky, who had

represented a district of that state in congress, and who was the

original of Washington Irving’s Ralph Ringwood. He resided, temporarily,

in Pensacola, where the legislative council of thirteen, appointed by

the President, held its first session. It had hardly begun its work,

however, when the yellow fever breaking out compelled an adjournment to

the Fifteen-mile house, before mentioned, where the Florida statutes of

1822 were enacted. One of them illustrates the vice or virtue there may

be in a name. The title of “An Act for the Benefit of Insolvent

Debtors,” was misprinted in the laws of the session so as to read: “An

Act for the Relief of Insolent Debtors.” The error destroyed its

utility, and no man, it is said, as long as it remained on the statute

book, ever invoked the relief of its provisions.

The limit assigned to these historical sketches has now been reached.

The space that intervenes between the visit of the luckless Narvaez to

Pensacola bay and the establishment of the territorial government of

Florida embraces a period of nearly three hundred years. The changes and

shifting scenes which, during that period, marked the history of the

settlements on its shores, stand in contrast with the persistency of the

arbitrary boundary line of the Perdido, established by the mutual

consent of the Spanish and French in the early years of the eighteenth

century. Disturbed by the English dominion for twenty years, it was

restored by the Spanish, and finally confirmed in 1822 by the act of

congress establishing a territorial government for the Floridas.

In 1820 the constitutional convention of Alabama, in anticipation of the

ratification of the Spanish treaty, memorialized congress to embrace

West Florida within the boundaries of that state. The memorial enforced

the measure with all those obvious arguments which come to the mind when

it turns to the subject. But they were silenced, as if by the imperious

decree of fate that the Perdido boundary should be, and forever remain,

a monument of d’ Arriola’s diligence in reaching the Gulf coast three

years before d’ Iberville.

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