Territory of Florida | |||||||||||
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Organized incorporated territory of United States | |||||||||||
1822–1845 | |||||||||||
Flag | |||||||||||
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Capital | 1822–1824 St. Augustine (East Florida/Florida) Pensacola (West Florida) 1824–1845 Tallahassee | ||||||||||
Area | |||||||||||
• Coordinates | 30°N83°W / 30°N 83°W | ||||||||||
Government | |||||||||||
• Type | Organized incorporated territory | ||||||||||
Governor | |||||||||||
• 1821 | Andrew Jackson (military) | ||||||||||
• 1822–1834 | William Pope Duval (first) | ||||||||||
• 1834–1836 | John Eaton | ||||||||||
• 1836–1839 | Richard K. Call | ||||||||||
• 1839–1841 | Robert R. Reid | ||||||||||
• 1841–1844 | Richard K. Call | ||||||||||
• 1844–1845 | John Branch (last) | ||||||||||
History | |||||||||||
1821 | |||||||||||
• Organized by U.S. | 30 March 1822 | ||||||||||
3 March 1845 | |||||||||||
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Today part of | United States |
The Territory of Florida was an organized incorporated territory of the United States that existed from March 30, 1822, [1] until March 3, 1845, when it was admitted to the Union as the State of Florida. Originally the major portion of the Spanish territory of La Florida , and later the provinces of East Florida and West Florida, it was ceded to the United States as part of the 1819 Adams–Onís Treaty. [2] It was governed by the Florida Territorial Council.
The first European known to have encountered Florida was Juan Ponce de León, who claimed the land as a possession of Spain in 1513. St. Augustine, the oldest continually inhabited European settlement in the continental U.S., was founded on the northeast coast of Florida in 1565. Florida continued to remain a Spanish possession until the end of the Seven Years' War, when Spain ceded it to the Kingdom of Great Britain in exchange for the release of Havana. In 1783, after the American Revolution, Great Britain ceded Florida back to Spain under the provisions of the Peace of Paris. [3] : xvii
The second term of Spanish rule was influenced by the nearby United States. There were border disputes along the boundary with the state of Georgia and issues of American use of the Mississippi River. These disputes were ostensibly solved in 1795 by the Treaty of San Lorenzo, which, among other things, solidified the boundary of Florida and Georgia along the 31st parallel. However, as Thomas Jefferson once predicted, the U.S. could not keep its hands off Florida. [3] : xviii–xix
In 1812, United States forces and Georgia "patriots" under General George Mathews unsuccessfully invaded Florida to protect American interests. [4] : 39 The "Patriot War" was perceived as ill-advised by many Americans. President James Madison withdrew his support, and the Spanish authorities were promised a speedy exit of the American troops. [4] : 39
The Spanish government offered runaway slaves freedom if they converted to Catholicism and agreed to a term of military service. Under heavy pressure from the U.S., Spain reversed this policy in the late 18th century, to little effect. Slaves continued to flee to Florida, where they were sheltered by the Florida natives, called Seminoles by Americans. They lived in a semi-feudal system; the Seminoles gave the Blacks protection, while the former slaves, who knew how to farm, shared crops with the natives. Although the escaped slaves were still considered inferior by the Seminoles, the two groups lived in harmony. The slaveholders in Georgia and the rest of the South became furious over this state of affairs as slaves continued to escape to Florida. [4] : 18–22
In 1818, after years of additional conflicts involving natives, fugitive slaves, and settlers, General Andrew Jackson wrote to President James Monroe, who had been inaugurated in March 1817, informing him that he was invading Florida. Jackson's force departed from Tennessee and marched down to the Florida Panhandle. Spanish officers surrendered coastal fortifications at Fort San Marcos (also known as Fort St. Marks) in Florida Oriental and, about six weeks later, Fort Barrancas and Pensacola in Florida Occidental . [4] : 50–54
The Adams–Onís Treaty, also known as the Transcontinental Treaty, was signed on February 22, 1819, by John Quincy Adams and Luis de Onís y González-Vara, but did not take effect until after it was ratified by Spain on October 24, 1820, and by the United States on February 19, 1821. The U.S. received Florida under Article 2 and inherited Spanish claims to the Oregon Territory under Article 3, while ceding all its claims on Texas to Spain under Article 3 [3] : xi (with the independence of Mexico in 1821, Spanish Texas became Mexican territory), and pledged to indemnify up to $5,000,000 in claims by American citizens against Spain under Article 11. [note 1] Under Article 15, Spanish goods received exclusive most favored nation tariff privileges in the ports at Pensacola and St. Augustine for twelve years.
In Dorr v. United States (195 U.S. 138, 141–142 (1904)) Justice Marshall is quoted more extensively as follows: [5]
The 6th article of the treaty of cession contains the following provision:
'The inhabitants of the territories which His Catholic Majesty cedes the United States by this treaty shall be incorporated in the Union of the United States as soon as may be consistent with the principles of the Federal Constitution, and admitted to the enjoyment of the privileges, rights, and immunities of the citizens of the United States.' [8 Stat. at L. 256.]
[195 U.S. 138, 142] 'This treaty is the law of the land, and admits the inhabitants of Florida to the enjoyment of the privileges, rights, and immunities of the citizens of the United States. It is unnecessary to inquire whether this is not their condition, independent of stipulation. They do not, however, participate in political power; they do not share in the government till Florida shall become a state. In the meantime Florida continues to be a territory of the United States, governed by virtue of that clause in the Constitution which empowers Congress 'to make all needful rules and regulations respecting the territory or other property belonging to the United States."
On July 10, 1821, the province of East Florida was transferred to Governor Andrew Jackson with strict orders from President James Monroe to observe diplomatic protocol, with West Florida following one week later. [6] [7] Governor Jackson was not involved in the earliest government appointments in the territory [8] and was only acquainted with two of them.
President James Monroe was authorized on March 3, 1821, to take possession of East Florida and West Florida for the United States and provide for initial governance. [9] Andrew Jackson served as the federal military commissioner with the powers of governor of the newly acquired territory, from March 10 through December 1821. On March 30, 1822, the United States merged East Florida and part of what formerly constituted West Florida into the Florida Territory. [10] William Pope Duval became the first official governor of the Florida Territory and soon afterward the capital was established at Tallahassee, but only after removing a Seminole tribe from the land. [4] : 63–74 The new capital of Tallahassee was located approximately halfway between the old colonial capitals of Pensacola and St. Augustine. Duval's "government palace for a time was a mere log house, and he lived on hunters' fare." [11]
The central conflict of Territorial Florida originated from attempts to displace the Seminole people. The federal government and most white settlers desired all Florida Indians to migrate to the West voluntarily. On May 28, 1830, Congress passed the Indian Removal Act requiring all Native Americans to move west of the Mississippi River. [4] : 87 The Act itself did not mean much to Florida, but it laid the framework for the Treaty of Payne's Landing, which was signed by a council of Seminole chiefs on May 9, 1832, and ratified in 1834. This treaty stated that the Seminoles could organize an exploratory party that would travel to the Indian Territory and survey the assigned lands before they had to agree to relocation, [12] though inhabitants of Florida were expected to relocate by 1835. It was at this meeting that the famous Osceola first voiced his decision to fight. [4] : 89–95 At the Treaty of Fort Gibson, held in Arkansas Territory between the group of Seminoles sent to explore the new territory and the federal government, Americans led the Seminole into agreeing to the terms of relocation, although Seminoles would later claim to having been tricked into this agreement. [12]
Beginning in late 1835, Osceola and the Seminole allies began a guerrilla war against the U.S. forces. [4] : 105–110 Numerous generals fought and failed, succumbing to the heat and disease as well as lack of knowledge of the land. It was not until General Thomas Jesup captured many of the key Seminole chiefs, including Osceola who died in captivity of illness, that the battles began to die down. [4] : 137–160 The Seminoles were eventually forced to migrate. Florida joined the Union as the 27th state on March 3, 1845. [13] By this time, almost all of the Seminoles were gone, except for a small group living in the Everglades.
A referendum was held in 1837 about statehood with a majority voting in favor of it. [14]
During the territorial period of Florida, it was proposed several times that the territory be either split or that parts of the territory be added to Alabama. Even after Tallahassee was chosen to be the capital because it was halfway between Pensacola and St. Augustine, there was still a feeling of disconnection between East and West Florida because those two cities, which were the two largest settlements when the United States acquired Florida, were 400 miles (640 km) by land and 1,000 miles (1,600 km) by water from each other. [14] [15]
On December 18, 1821, the Alabama state legislature passed a resolution asking the U.S. Congress to annex the portion of Florida west of the Apalachicola River, but nothing materialized from the proposal. Florida's territorial delegate, Joseph Marion Hernández, introduced a resolution on January 28, 1823, that Florida be split into two separate territories, but the resolution was defeated. [15]
In the late 1830s, the proposal to divide the territory picked up traction once again. In January 1839, a committee for the constitutional convention urged the U.S. Congress to consider the idea of Florida statehood, and later that month, a letter was received by Congress from Florida petitioning the Florida Territory be split, which confused Congress. On April 22, 1840, Congress received a petition from several hundred backers in St. Augustine asking to split the territory in two, with the Suwanee River being the dividing line between East and West Florida. Another proposal came from Pensacola that year proposing the Florida Territory west of the Suwannee River be annexed by Alabama. In the spring of 1840, a bill was introduced in Congress to divide the Florida Territory along the Suwannee River but was defeated. The failure of these attempts to split the territory helped lead to the conclusion among those wanting statehood that Florida must be admitted as a whole as a state or stay as a territory. A bill was introduced in 1845 in the US House to give statehood to East and West Florida but was later struck down by a vote of 123-77; instead Florida would be admitted as one state and the bill ended up passing in the end by a vote of 145-34. [15]
The governor of the Florida Territory was appointed by the US president. [16] [17] Governors had the power to veto legislation and the US Congress also had the power. Florida, similarly to the Orleans Territory, had a unicameral legislature called the Florida Legislative Council, which lasted until 1838 when President Van Buren signed a bill into law replacing the Legislative Council with a Senate and House of Representatives. The council had thirteen members who were selected by the President and confirmed by the US Senate for a one year term. This changed in 1826 when those who lived in the territory could vote on who they wanted as members of the legislature. [18]
A judicial system was organized by the federal government. Initially in 1822 there were two judicial districts with more judicial districts being created over time. Superior courts existed at the county level but did not exist in every county. Under the superior courts were county courts which not only dealt with judicial matters but also functioned similarly to county commissions. [19]
A constitution was written in the winter of 1838 and 1839 in St. Joseph which was based on several other state constitutions. The constitution was later ratified in a referendum held in May 1839. [14]
A census was taken in 1825 by the territorial government. [20] Another was taken in 1838 and the population was reported as being 41,224. However no results were returned for five counties (Mosquito, Nassau, Columbia, Hamilton and Duval) and no official documents of the census are known to survive with all information coming from newspapers reporting on it. The population estimate when including the other five counties based on "the number of voters in delinquent counties" is placed at 48,831 with 25,173 being white and 23,658 being black. [21]
In the 1830 US Census the largest cities in Florida were: St. Augustine, Tallahassee and Key West in that order. [21]
In the 1840 United States census, 20 counties in the Florida Territory reported the following population counts (after 15 reported the following counts in the 1830 United States census): [22]
1840 Rank | County | 1830 Population | 1840 Population |
---|---|---|---|
1 | Leon | 6,494 | 10,713 |
2 | Gadsden | 4,895 | 5,992 |
3 | Jefferson | – | 5,713 |
4 | Jackson | 3,907 | 4,681 |
5 | Duval | 1,970 | 4,156 |
6 | Escambia | 3,386 | 3,993 |
7 | St. Johns | 2,538 | 2,694 |
8 | Madison | 525 | 2,644 |
9 | Alachua | 2,204 | 2,282 |
10 | Columbia | – | 2,102 |
11 | Nassau | 1,511 | 1,892 |
12 | Hamilton | 553 | 1,464 |
13 | Walton | 1,207 | 1,461 |
14 | Calhoun | – | 1,142 |
15 | Franklin | – | 1,030 |
16 | Washington | 978 | 859 |
17 | Monroe | 517 | 688 |
18 | Hillsborough | – | 452 |
19 | Dade | – | 446 |
20 | Mosquito | 733 | 73 |
Florida Territory | 34,730 | 54,477 | |
The Seminole Wars were a series of three military conflicts between the United States and the Seminoles that took place in Florida between about 1816 and 1858. The Seminoles are a Native American nation which coalesced in northern Florida during the early 1700s, when the territory was still a Spanish colonial possession. Tensions grew between the Seminoles and American settlers in the newly independent United States in the early 1800s, mainly because enslaved people regularly fled from Georgia into Spanish Florida, prompting slaveowners to conduct slave raids across the border. A series of cross-border skirmishes escalated into the First Seminole War, when American General Andrew Jackson led an incursion into the territory over Spanish objections. Jackson's forces destroyed several Seminole, Mikasuki and Black Seminole towns, as well as captured Fort San Marcos and briefly occupied Pensacola before withdrawing in 1818. The U.S. and Spain soon negotiated the transfer of the territory with the Adams-Onis Treaty of 1819.
The history of Florida can be traced to when the first Paleo-Indians began to inhabit the peninsula as early as 14,000 years ago. They left behind artifacts and archeological evidence. Florida's written history begins with the arrival of Europeans; the Spanish explorer Juan Ponce de León in 1513 made the first textual records. The state received its name from that conquistador, who called the peninsula La Pascua Florida in recognition of the verdant landscape and because it was the Easter season, which the Spaniards called Pascua Florida.
The Adams–Onís Treaty of 1819, also known as the Transcontinental Treaty, the Spanish Cession, the Florida Purchase Treaty, or the Florida Treaty, was a treaty between the United States and Spain in 1819 that ceded Florida to the U.S. and defined the boundary between the U.S. and Mexico. It settled a standing border dispute between the two countries and was considered a triumph of American diplomacy. It came during the successful Spanish American wars of independence against Spain.
West Florida was a region on the northern coast of the Gulf of Mexico that underwent several boundary and sovereignty changes during its history. As its name suggests, it was formed out of the western part of former Spanish Florida, along with lands taken from French Louisiana; Pensacola became West Florida's capital. The colony included about two thirds of what is now the Florida Panhandle, as well as parts of the modern U.S. states of Louisiana, Mississippi, and Alabama.
East Florida was a colony of Great Britain from 1763 to 1783 and a province of the Spanish Empire from 1783 to 1821. The British gained control over Spanish Florida in 1763 as part of the Treaty of Paris that ended the Seven Years' War. Deciding that the colony was too large to administer as a single unit, British officials divided Florida into two colonies separated by the Apalachicola River: the colony of East Florida, with its capital located in St. Augustine; and West Florida, with its capital located in Pensacola. East Florida was much larger and comprised the bulk of the former Spanish colony and most of the current state of Florida. It had also been the most populated region of Spanish Florida, but before control was transferred to Britain, most residents – including virtually everyone in St. Augustine – left the territory, with most migrating to Cuba.
The Mexican Cession is the region in the modern-day Western United States that Mexico previously controlled, then ceded to the United States in the Treaty of Guadalupe Hidalgo in 1848 after the Mexican–American War. This region had not been part of the areas east of the Rio Grande that had been claimed by the Republic of Texas, which had been claiming independence since its Texas Revolution of 1836 and subsequent brief war for independence, followed afterwards a decade later by the American annexation and admitted statehood in 1845. It had not specified the southern and western boundary of the new state of Texas with New Mexico consisting of roughly 529,000 square miles (1,370,000 km2), not including any Texas lands, the Mexican Cession was the third-largest acquisition of territory in U.S. history, surpassed only by the 827,000-square-mile (2,140,000 km2) Louisiana Purchase of 1803 and the later 586,000-square-mile (1,520,000 km2) Alaska Purchase from Russia in 1867.
The flag of Florida is the official flag of the U.S. state of Florida. The flag consists of a red saltire on a white background, with the state seal superimposed on the center. The flag's current design has been in use since May 21, 1985, after the design of the Florida state seal was graphically improved and officially sanctioned for use by state officials.
The Territory of Alabama was an organized incorporated territory of the United States. The Alabama Territory was carved from the Mississippi Territory on August 15, 1817 and lasted until December 14, 1819, when it was admitted to the Union as the twenty-second state.
Spanish Florida was the first major European land-claim and attempted settlement-area in northern America during the European Age of Discovery. La Florida formed part of the Captaincy General of Cuba in the Viceroyalty of New Spain, and the Spanish Empire during Spanish colonization of the Americas. While its boundaries were never clearly or formally defined, the territory was initially much larger than the present-day state of Florida, extending over much of what is now the southeastern United States, including all of present-day Florida plus portions of Georgia, South Carolina, North Carolina, Alabama, Mississippi, and the Florida Parishes of Louisiana. Spain based its claim to this vast area on several wide-ranging expeditions mounted during the 16th century. A number of missions, settlements, and small forts existed in the 16th and to a lesser extent in the 17th century; they were eventually abandoned due to pressure from the expanding English and French colonial settlements, the collapse of the native populations, and the general difficulty in becoming agriculturally or economically self-sufficient. By the 18th century, Spain's control over La Florida did not extend much beyond a handful of forts near St. Augustine, St. Marks, and Pensacola, all within the boundaries of present-day Florida.
Joseph Marion Hernández was a slave-owning American planter, politician and military officer. He was the first delegate from the Florida Territory and the first Hispanic American to serve in the United States Congress. A member of the Democratic-Republican Party, he served from September 1822 to March 1823.
The Treaty of Moultrie Creek, also known as the Treaty with the Florida Tribes of Indians, was an agreement signed in 1823 between the government of the United States and the chiefs of several groups and bands of Indians living in the present-day state of Florida. The treaty established a reservation in the center of the Florida peninsula. It also ceded all coastal lands to the United States Government, as the U.S. wanted control of overseas trade between the Florida and the Caribbean.
The history of Pensacola, Florida, begins long before the Spanish claimed founding of the modern city in 1698. The area around present-day Pensacola was inhabited by Native American peoples thousands of years before the historical era.
British West Florida was a colony of the Kingdom of Great Britain from 1763 until 1783, when it was ceded to Spain as part of the Peace of Paris.
The Patriot War was an attempt in 1812 to foment a rebellion in Spanish East Florida with the intent of annexing the province to the United States. The invasion and occupation of parts of East Florida had elements of filibustering, but was also supported by units of the United States Army, Navy and Marines, and by militia from Georgia and Tennessee. The rebellion was instigated by General George Mathews, who had been commissioned by United States President James Madison to accept any offer from local authorities to deliver any part of the Floridas to the United States, and to prevent the reoccupation of the Floridas by Great Britain. The rebellion was supported by the Patriot Army, which consisted primarily of citizens of Georgia. The Patriot Army, with the aid of U.S. Navy gunboats, was able to occupy Fernandina and parts of northeast Florida, but never gathered enough strength to attack St. Augustine. United States Army troops and Marines were later stationed in Florida in support of the Patriots. The occupation of parts of Florida lasted over a year, but after United States military units were withdrawn and Seminoles entered the conflict, the Patriots dissolved.
The Legislative Council of the Territory of Florida, often referred to as the Florida Territorial Council or Florida Territorial Legislative Council, was the legislative body governing the American territory of Florida before statehood. The territory of Florida was acquired by the U.S. in 1821 under the Adams–Onís Treaty. Replacing the form of martial law that had existed in the territory since Florida was acquired, the U.S. Congress in 1822 established a territorial government consisting of a governor, secretary, thirteen-member Legislative Council, and judiciary, all of whom were appointed by the U.S. president.
Slavery in Florida occurred among indigenous tribes and during Spanish rule. Florida's purchase by the United States from Spain in 1819 was primarily a measure to strengthen the system of slavery on Southern plantations, by denying potential runaways the formerly safe haven of Florida. Florida became a slave state, seceded, and passed laws to exile or enslave free blacks. Even after abolition, forced labor continued.
John Forbes (1767–1823) and his elder brother Thomas Forbes (d.1808) were Scottish traders who operated in East Florida, West Florida, Spanish Florida and the southeastern borderlands during the tail end of the eighteenth century. John Forbes & Company took control of the assets of its precursor trading firm, Panton, Leslie & Company, after William Panton died in 1801, followed by John Leslie in 1803.
José María Callava was the final governor of Spanish West Florida, serving from February 1819 to the time of Spain's transfer of the territory to the United States on 17 July 1821. Callava was an officer in the Spanish military who had been rapidly promoted due to his service in the Peninsular War — the Battle of Almonacid in particular, for which he was knighted into the Royal and Military Order of Saint Hermenegild in 1811. He became a colonel and governor in February 1819, before he reached the age of 40.
Gad Humphreys was an officer in the United States Army and an Indian agent in Florida. He was appointed to his post in 1822. He was supportive of the Indians and tried to help them and protect them from encroachments by White settlers. He was accused of abusing his post by preventing or delaying the return to their owners of fugitive slaves that had taken refuge with the Indians. An investigation was conducted, but none of his accusers were willing to testify. Even so, he was removed from his post in 1830.