Legal inquiry regarding incursions into Spanish territory in Florida
Document 1795Some Spanish subjects, along with Americans from Georgia made expedition into Florida, took a Spanish fort, killed Spanish soldiers, stole property. Spanish government has complained. Asks questions regarding the nature of punishment; what to do about the Spanish subjects in Georgia; what instructions to give the military commander in Georgia if he finds the offenders.
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[Addressed: William Rawle Esq. / The Attorney / [undecipherable]; docket: Letter from / Dept of State / the 24 Novr 1795 / to / William Rawle; wax seal]
Department of State, Novr 24. 1795.
Sir,)
Some of the Subjects of his Catholic Majesty in Georgia, by their names originally English or Americans, joined by some citizens of the United States who were inhabitants of Georgia, have in bad humour made one or more expeditions into Florida, in which they both as Spanish foes, killed some Spanish Soldiers, and seized and carried off considerable property, belonging either to the Crown or to Spanish Subjects.
Of these aggressions complaint has been made by the Spanish government, and the questions arise.
1. Admitting the facts as above stated, what process, and from what courts, should be issued against our own offending citizens? to what kind of punishment and under what laws are they liable? or must the prosecution be confined to the provisions of the 5th Section of the additional Act for the punishment of crimes against the United States?
2. If the Spanish Subjects guilty of the abovementioned enormities have fled (which probably is fact) to the territory of the United States, ought they to be seized and delivered up to the Spanish Government? If we did not do this, especially if demanded, would it be right to attempt to punish our own citizens, who were probably drawn into the commission of those outrages by those very Subjects of Spain? If the Spanish Subjects should not be delivered up, is there any law by which they may be required to leave the United States, and to subject them to punishment on refusal?
A military force is now destined to that part of Georgia where the offenders will probably be found, and the commanding Officer will be instructed to protect the civil Officers and effectually aid them in the execution of the process to be issued from the courts.
I shall be obliged by your early answer.
With great respect,
I am Sir,
Your obedient Servant,
Timothy Pickering.
William Rawle Esq.
Type
Letter Signed
Description
Some Spanish subjects, along with Americans from Georgia made expedition into Florida, took a Spanish fort, killed Spanish soldiers, stole property. Spanish government has complained. Asks questions regarding the nature of punishment; what to do about the Spanish subjects in Georgia; what instructions to give the military commander in Georgia if he finds the offenders.
Date
11/24/1795
Author
Recipient
Sent from
Department of State
Document number
1795112400201
Page start
1
Notable persons
William Rawle
Timothy Pickering
Americans
Spanish soldiers
military commander
Catholic Majesty
courts
US attorney
Crown
civil officers
Notable locations
Department of State
Department of State
Spanish Fort
Georgia
Florida
Spain
Notable items
seized
punished
killed
crime
punishment

