The First Presidential Appointment for the Original Organization of the Florida Territory That We Have Ever Seen

On February 19, 1821, the United States ratified the Adams-Onis Treaty that gave the U.S. ownership of Spanish Florida. On March 10 President James Monroe appointed General Andrew Jackson military governor to take possession of Florida. Monroe entrusted him with the job of bringing Florida into the American fold because Jackson knew the region and would attract the confidence of those most likely to settle in the territory.

In May 1821, to implement the turnover of power and establish a basic governmental structure, Monroe made a handful of appointments. As he wrote former President James Madison, he named named two judges, a surveyor/inspector, and a customs collector and his aide. These appointments were made in anticipation of Spain actually transferring Florida to the United States, which occurred on July 17, 1821. That day Spain’s red and gold banner was unfurled for the last time in Pensacola as the Spanish Governor of West Florida turned over political control to Jackson. The American visitors cheered as Jackson entered the Government House.

It was not until March 30, 1822, however, that Congress officially established the Territory of Florida. A month later, on April 17, William Duval was appointed Florida’s first non-military governor, and Monroe also named two U.S. judges, two U.S. attorneys, and two U.S. marshals (in each case one for East Florida and one for West). But it took some time to get the Florida government up and going. It was not until March 3, 1823, that Congress passed a comprehensive statute organizing the government of the Territory of Florida, establishing its legislature and judiciary, and specifying the powers of the governor.

In early 1822 William G.D. Worthington was secretary, and by direction of outgoing governor Andrew Jackson, acting governor of Florida. He received one of Monroe’s April 17th appointments, his being to serve as first U.S. marshal in the East district of Florida. However, he declined the appointment. This left the marshal’s position open. In September 1822 President Monroe received letters from the Mayor of the city of St. Augustine, Waters Smith, soliciting the open post, and from the territory’s representative in Congress, Jospeh Hernandez, and other Florida luminaries, all recommending the Waters appointment to take Worthington’s place.

On February 27, 1823, President Monroe complied and sent the name of Waters Smith to the Senate for consent. This was given, and Smith became the first U.S. marshal for the East district of Florida.

Document signed by Monroe as President, Washington, March 3, 1823, appointing “Waters Smith of Florida” the “Marshal in and for that part of the territory of Florida known as East Florida….” It is countersigned by John Quincy Adams as Secretary of State.

This is the first presidential appointment for the original organization of the Florida Territory that we can recall having ever seen.