USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. II > Part 32
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"We, therefore, the representatives aforesaid, appealing to the Supreme Ruler of the world for the rectitude of our intentions, do solemnly publish and declare the several districts composing this territory of West Florida to be a free and independent State; and that they have a right to institute for themselves such form of Government as they may think conducive to their safety and hap- piness; to form treaties; to establish commerce; to provide for their common defence; and to do all acts which may of right be
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done by a sovereign and independent nation; at the same time declaring all acts within the said territory of West Florida after this date, by any tribunal or authorities not deriving their powers from the people, agreeably to the provisions established by this convention, to be null and void; and calling upon all foreign nations to respect this our declaration, acknowledging our inde- pendence, and giving us such aid as may be consistent with the laws and usages of nations. This declaration, made in convention at the town of Baton Rouge on the 26th day of September, 1810, we the representatives in the name aforesaid and on behalf of our constituents, do hereby solemnly pledge ourselves to support with our lives and fortunes."-
"By order of the Convention : "JOHN RHEA, President. ANDREW STRELE, Secretary.">
After thus adopting their declaration of independence, the fol- iowing communication was sent the same day to the governor of Mississippi territory, David Holmes : "We, the delegates of the people of this State, have the honor to enclose to you an official copy of their act of independence, requesting that it may be forth- with transmitted by you to the President of the United States, with the expression of their most confident and ardent hope that it may accord with the policy of the Government, as it does with the safety and happiness of the people of the United States, to take the present Government and people of this State under their immediate and special protection as an integral and inalienable portion of the United States." Governor Holmes was requested by the president of this convention to trasuat the following com- munication to the secretary of state at Washington :
"That the commonwealth of Florida might be immediately acknowledged and protected by the Government of the United States as an integral part of the American Union ; that owing to their weak and unprotected situation they desired such an acknowledgment without delay, in the absence of which, for their own support, they would be obliged "to look to some foreign Government." In order to procure such protection they offered the following considerations: ist, The Government of the United States, in their instructions to the envoys extraordinary at Paris in March, 1866, authorized the purchase of East Florida, directing them at the same time to engage France to intercede with the cabinet of Spain to relinquish any claim to the territory
· American State Papers.
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which now forms this commonwealth. 20, In all diplomatic correspondence with American ministers abroad the Government of the United States have spoken of West Florida as a part of the Louisiana cession. They have legislated for the country as a part of their own territory, and have deferred to take possession of it in expectation that Spain might be induced to relinquish her claim by amicable negotiation. 3d, The American Government has already refused to accredit any minister from the Spanish Junta, which body was certainly more legally organized as the representative of the sovereignty than that now called the regency of Spain. Therefore, the United States cannot but regard any force or authority emanating from them with an intention to sub- jugate us, as they would an invasion of their territory by a foreign enemy. 4th, The Emperor of France has invited the Spanish Americans to declare their independence rather than remain in subjection to the old Spanish Government : therefore an acknowl- edgment of our independence by the United States could not be complained of by France or involve the American Government in any contest with that Power. 5th, Neither can it afford any just cause of complaint to Great Britain, although she be the ally of Spain, that the United States should acknowledge and support our independence, as this measure was necessary to save the country from falling into the hands of the French exiles from the island of Cuba, and other partisans of Bonaparte who are the eternal enemies of Great Britain."
It was then stated that should the United States return a favor- able reply to this request, it must be upen the second : the West Florida should be admitted in due time to the jedend & mon either as an independent state, or as a territory of the United States, or "to be united with one of the neighboring territories or a part of one of them in such manner as to form a State." A preference was expressed to be annexed to the island of New Orleans, should the latter course be pursued by the United States. Other requests were made concerning lands, embargo and non- intercourse laws, moneys arising from the sale of lands, the par- don of deserters, and a loan of one hundred thousand dollars from the United States.
This proceeding on the part of the people of West Florida to form an independent goverment from territory which was claimed by the United States, was in its nature revolutionary, not- withstanding that the convention requested an immediate annes- ation to the federal government. It was therefore impossible for 11 -- 21
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مهنة مصفف
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the president to recognize as lawful the acts of the convention, because by so doing he woukl expose the government either to the absurdity of sanctioning the revolt of a portion of the United States and of approving its proceedings of independence and of subsequent application for admission into the Union of which they were already a part, or to the necessity of admitting that the people of West Florida, being subjects of Spain, had the right to declare their independence from Spain, owing to wrongs and inse- curity, and had the right to form a separate government and apply for admission into the federal Union. As it was out of the ques- tion for the United States to renounce their claims to West Florida, the president was under the necessity of disregarding the acts of the convention, yet at the same time was also under the necessity of immediately taking possession of that province, or see it remain independent or become a part of some foreign power. He there- fore promptly issued the following proclamation :* ·
"A PROCLAMATION BY THE PRESIDENT OF THE UNITED STATES OF AMERICAA.
"Whereas the territory south of the Mississippi Territory and . castward of the river Mississippi and extending to the river l'er- dido, of which possession was not delivered to the United States in pursuance of the treaty concluded at Paris on the 30th of April, 1803, has at all times, as is well known, been considered and claimed by them as being within the colony of Louisiana conveyed by said treaty in the same extent that it had in the hands of Spain and that it had when France ongmaly possessed it : And, whereas, the acquiescence of the United States to the temporary continuance of the said territory under the Spanish authority was not the result of any distrust of their title, as has been particularly evinced by the general tenor of their laws and by the distinction made in the application of those laws between that territory and foreign countries, but was occasioned by their conciliatory views and by a confidence in the justice of their cause and in the suc- cess of candid discussion and amicable negotiation with a just and friendly Power: And, whereas, a satisfactory adjustment, too long delayed without the fault of the United States, has for some time been entirely suspended by events over which they had no control : And, whereas, a crisis has at length arrived sub- versive of the order of things under the Spanish authorities,
· American Stade Papris.
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whereby a failure of the United States to take the said territory into its possession may lead to events ultimately contravening the views of both parties, whilst in the meantime the tranquillity and security of our adjoining territories are endangered and new facil- ities given to violaters of our revenue and commercial laws and of those prohibiting the introduction of slaves: Considering, moreover, that under these peculiar and imperative circumstances a forbearance on the part of the United States to occupy the ter- ritory in question and thereby guard against the confusion and contingencies which threaten it, might be construed into a dere- liction of their title or an insensibility to the importance of the stake: Considering that in the hands of the United States it will not cease to be a subject of fair and friendly negotiation and adjustment : Considering, finally, that the acts of Congress, though contemplating a present possession by a foreign authority, have contemplated also an eventual possession of the said terri- tory by the United States and are accordingly so framed as in that case to extend in their operation to the same :
"Now be it known, that I, James Madison, President of the United States of America, in pursuance of these weighty and urgent considerations, have deemed it right and requisite that possession should be taken of the said territory in the name and behalf of the United States. William C. C. Claiborne, Governor of the Orleans Territory, of which the said territory is to be taken as part, will accordingly proceed to execute the same and to ever- cise over the said territory the authorities and functions legally appertaining to his office And the good people udad way i'm same are invited and enjoined to pay due respect to him in that character, to be obedient to the laws, to maintain order, to cherish harmony and in every manner to conduct themselves as peace- able citizens, under full assurance that they will be protected in the enjoyment of their liberty, property and religion."
"Washington, October 27, 1810."
This proclamation was immediately followed by an order from the department of state to Gov. W. C. C. Claiborne of Orleans territory, under date of October 27, 1810, to take possession of West Florida "in the name and in behalf of the United States ;" to print in English, French and Spanish the president's proclama- tion above and circulate it throughout the territory; to act with his forces in conjunction with Governor Holmes of Mississippi Territory; to organize the militia of West Florida after taking possession ; to prescribe the bounds of parishes, establish parish
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courts, maintain order under the laws of Orleans Territory, afford security to the inhabitants, "and to place them as far as may be on the same footing with the inhabitants of the other dis- tricts under your authority." It was ordered that, should the Americans encounter opposing forces, the troops on the Missis- sippi would assist in the execution of the order of occupation. In addition the militia of Orleans and Mississippi territories were to be drawn upon by the two governors in case of necessity. Cov- ernor Claiborne was directed to transmit copies of the president's proclamation to the several governors of the neighboring Span- ish provinces, and to draw for reasonable and necessary expenses upon the United States government in any amount not exceeding twenty thousand dollars. In conclusion Governor Claiborne was told that "from the confidence which the President justly has in your judgment and discretion, he is persuaded that in the exe- cution of this trust, as delicate as it is important, your deportment will be temperate and conciliatory. Such a line of conduct towards the inhabitants is prescribed as well by policy as by justice."
In a communication of the state department to Governor Holmes of Mississippi Territory, dated November 15, 1810, it was stated that "the right of the United States to the territory of West Florida as far as the river Perdido was fairly acquired by purchase and has been formally ratified by treaty. The delivery of pos- session has indeed been deferred, and the procrastination has been heretofore acquiesced in by this Government from a hope patiently indulged that amicable negotiation would accomplish the equitable purpose of the United States. But this delay which proceeded only from the forbearance of the United States to enforce a legitimate and well-known claim, could not impair the legality of their title; nor could any change in the internal state of things without their sanction howsoever brought about vary their right. It remains as perfect of course as it was before the interposition of the convention. And the people of West Florida must not for a moment be misled by the expectation that the United States will surrender for their exclusive benefit what had been purchased with the treasure and for the benefit of the whole. The vacant land of this territory, thrown into common stock with all the other vacant land of the Union, will be a property in common for the national uses of all the people of the United States. The community of interests upon which this Government invariably acts, the liberal policy which it has uniformly displayed towards the people of the territories ( a part of which policy has ever been
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a just regard to honest settlers), will nevertheless be a sufficient pledge to the inhabitants of West Florida for the carly and con- tinued attention of the Federal Legislature to their situation and their wants. You will, however, keep in mind that the President cannot recognize in the convention of West Florida any independent authority whatever to propose or to form a compact with the United States."*
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The Spanish governor of West Florida, Vicente Folch, addressed a letter under date of December 2, to the secretary of state, complaining in severe terms of the acts of the party under the command of Reuben Kemper, of the proceedings of the inhab- itants of Baton Rouge in taking possession of other districts of the province, and of the general disturbance prevailing. Ile stated that he had "decided on delivering this province to the United States under an equitable capitulation, provided I do not receive succor from the Havana or Vera Cruz during the present month, or that his Excellency the Marquis of Somernelos (on . whom I depend) should not have opened directly a negotiation on this point. The incomprehensible abandonment in which I see myself and the afflicted situation in which this province sees itself reduced not only authorize me but force me to have recourse to this determination, the only one to save it from the ruin which threatens it. The United States are also authorized to accept it. The United States who profess the exercise of equity cannot exempt themselves from taking part with the party unjustly oppressed. In this belief I recur to its Executive, through the medium of your excellence, supplicating him that he will be pleased to send orders to the commandant of Het Skal. dert, that he should assist me with the troops which he has under his orders for the purpose of forcing the party under the com- mand of Reuben Kemper to retire within the limits of the district of Baton Rouge, intimating to him that if in future he should repeat his incursions in the district of Mobile and Pensacola, the troops of the United States, joined to the Spanish troops, will use force to keep them back. These districts have the more reason to expect from the rectitude of the United States the assistance which I ask, as the party which Kemper commands has been recruited, armed and provisioned within the limits of their sovereignty. At the same time, if my proposition is accepted, orders may be given authorizing some person to treat with me for regulating the evacuation of the province and what ought to
* American State Paper4.
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precede it." He also wrote to the same effect to Col. John McKee, commander of Fort Stoddert, and revealed therein his great concern to treat with the United States for the evacuation of the province. At the same time he admitted his inability to cope successfully with the situation.
On December 5, 1810, President Madison sent to congress the following communication : "Among the events growing out of the State of the Spanish monarchy, our attention was imperiously attracted to the change, developing itself in that portion of West Florida, which, though of right appertaining to the United States, had remained in the possession of Spain, awaiting the result of negotiations for its actual delivery to them. The Spanish author- ity was subverted, and a situation produced, exposing the country to ulterior events, which might essentialy affect the rights and welfare of the Union. In such a conjecture, I did not delay the interposition required for the occupancy of the territory west of the river Perdido, to which the title of the United States extends, and to which the laws, provided for the Territory of Orleans, are applicable. With this view, the proclamation, of which a copy is laid before you, was confided to the Governor of that territory, to be carried into effect. The legality and necessity of the course pursued, assure me of the favorable light in which it will present itself to the Legislature; and of the promptitude with which they will supply whatever provisions may be due to the essential rights and equitable interests of the people thus brought into the bosom of the American family."* But congress did not act with the promptitude expected by the president In fact it was more than a year before any positive order concerning the Floridas was nasle by congress.
In the senate of the United States, on the 18th of December, ISIo, Mr. Giles of Virginia, chairman of the special committee appointed for that purpose, reported a bill, from which the fol- lowing is an extract : "That the Territory of Orleans, as described by an act, passed the 26th day of March, 1804, entitled, 'An act creating Louisiana into two territories, and providing for the temporary government thereof' shall be deemed, and is hereby declared, to extend to the river Perdido; and to include all that territory south of the Mississippi Territory, and castward of the river Mississippi, to the said river Perdido, according to the provisions of the treaty, concluded at Paris, between the United States and France, on the 30th of April, 1803." On December 21,
. Messages and Papers of the Presidents.
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a motion by Mr. Lloyd, of Massachusetts, to refer the bill to a committee "with instructions to report their opinion on the title of the United States to the territory in question and the grounds on which that opinion may be founded," was lost, yeas 5. mays 17. A motion to postpone the consideration of the bill was negatived. Mr. Horsey, of Delaware, moved, "that the President of the United States be requested to cause to be laid before the Senate, all the documents, papers, or other evidences in his possession, relating to the title of the United States to the territory south of the Mississippi Territory, and castward of the river Mississippi to the river Perdido and to the boundaries of the said territory," but the motion was lost, yeas 7, nays 13. It was evident that a majority of the senators at this time were determined to support the bill to extend the territory of Orleans over West Florida as far as the Perdido, and were not willing to be thwarted nor delayed in this intention.
Undoubtedly, the president had expected to be supported by . congress in thus taking possession and holding West Florida, and the bill before the senate was designed to sanction his proceed- ings. A long and interesting debate succeeded the attempts to postpone the bill, or otherwise defeat its object ; but as the subject at odds was the right of the United States to West Florida as a part of Louisiana, and as the arguments on that subject have been given before in these pages, they will not be repeated. The friends of the administration argued that as the territory was embraced in the cession of Louisiana, the president had the right to occupy and hold it. The opposition maintal of thati Can't ! States did not possess a good ale to West Ham, and the con clusion was smomed up by Mr. Horsey in the following kan- guage : "Upon the whole, sir, I have not been able to discover the shadow of authority, on the ground of which the President issued this proclamation (to occupy West Florida). He has recited none, amidst all his recitals, and none appears to me but his own mere will and pleasure. The act I therefore cannot view in any other light than an unwarranted assumption of power and a violation of the Constitution." But this was not the view of a majority of the senators, unless it may be conceded that, having such views, they were determined to prevent Great Britain from taking possession of West Florida, and to make the most of the claims under which the United States declared its right to occupy that province. Later it was seen to be unnecessary and probably imprudent for congress to make any formal declaration in regard to West Florida. It was thought best to leave the president in
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possession of the province under the claim that the United States had the right to occupy that territory by the cession of Louisiana.
The bill for the admission of Louisiana to statehood became a storm center at this time. At first the boundaries were defined as follows: "Beginning at the mouth of the river Sabine. thence by a line to be drawn along the middle of the said river, including all islands, to the thirty-second degree of latitude, thence due north to the northernmost part of the thirty-third degree of north latitude; thence along the said parallel of latitude to the river Mississippi ; thence down the said river to the southern bound- ary of the Mississippi Territory ; thence along the said boundary line to Pearl river; thence down the western bank of the said river to Lake Borgne; thence along the middle of said lake to the Gulf of Mexico; thence bounded by the said gulf to the place of beginning ; Provided, however, that the Govern- ment of the United States hereby retains the power of alter- ing, in any manner it may hereafter deem proper, the limits of all that portion of the said described territory which lies cast of the river Mississippi and the island of New Orleans." This language was amended and otherwise changed many times by congress, until finally all reference to the territory cast of the Mississippi, excepting the island of New Orleans, was omitted from the bill. This omission in no way prejudiced the claims of the United States to West Florida.
Thus the bill to extend the territory of Louisiana eastward to the Perdido was merged into the one to admit that prosince into the Union, and finally the provision ar ember : West For- ida therein was wholly omitted, without prejudicing the rights of the United States. This was expert juggling, or, to use the language of diplomacy, profound and prudent statesmanship ; because, while accomplishing the occupancy, no canse was given either Spain or Great Britain to declare war, those nations at that time being allies. But the proceedings in congress were long, erratic, brilliant, and on the whole wise and dignified. The bill to extend the territory of Orleans over West Florida was first read in the senate in secret session January 7, 1811; a motion to print the bill for the use of the senate was lost, yeas 14, nays 16. Another motion to print one copy for the use of cach senator and to adopt necessary means to keep the proceedings secret was lost, yeas 7. mays 23. At first the lan- guage of the bill was emphatic- that West Florida should be attached to the territory of Orleans. Later, that design was
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dropped, the territory was admitted without West Florida, and the bill was so altered as to permit the president under certain contingencies to occupy the latter. In fact, this bill was alto- gether different from the original.
Under date of December 15, the British minister at Washing- ton, "without presuming to discuss the validity of the title of the United States to West Florida," expressed his deep regret in seeing "that part of the President's message to Congress in which the determination of this Government to take possession of West Morida is avowed." He asked, "May it not be asked why that province could not have been as fairly a subject of nego- tiation and adjustment in the hands of the Spaniards, who pos sess the actual sovereignty there, as in the hands of the Ameri- cans, who to obtain possession must begin by committing an act of hostility towards Spain. But it may be said that the Spanish forces in Mexico, in Cuba, or in Pensacola, are unequal to quell the rebellious association of a band of desperadoes who. are known here (at Washington) by the contemptuous appel- lation of land-jobbers.
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