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 33
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The act, consequently, of send- ing a force to West Florida to secure by arms what was before a subject of friendly negotiation, cannot, I much fear, under any palliation be considered as other than as an act of open hostil- ity against Spain." He was therefore "induced to request in answer such explanation on the subject as will at once convince Ilis Majesty's Government ( England's) of the pacific disposi- tion of the United States towards His Majesty's allies, the Span- iards." Mr. Smith, secretary of state, replic ! "that although it is sufficiently evident from the face of the comments before the public that no hostile or unfriendly purpose is entertained towards Spain, the only Power known to the United States in the transaction, yet our functionary at London has been enabled to give to your Government whatever explanations may comport with the frankness and the spirit of conciliation which have been invariably manifested on the part of the United States."*
It was provided in the bill admitting Louisiana as a state, passed by congress in January, 1811, "That said state shall be composed of all that part of the territory or country ceded under the name of Louisiana, by the treaty made at Paris on the thirtieth day of April, one thousand eight hundred and three, between the United States and France, now contained within the limits of the Territory of Orleans, except that part lying cast of
* American State Papers.
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the river Iberville and a line to be drawn along the middle of the lakes Maurepas and Pontchartrain to the ocean." In using this language and in making this provision, congress did not disclaim its right to the possession of West Florida, but simply honored the pretension of Spam, and postponed the settlement of mutual rights to some future day. During all the period when Spain was helpless in the grasp of Napoleon. this was the course invariably pursued by the United States. While in every way taking pains to make clear and public the claims of the United States, no hostile act against Spain was countenanced. Even the sending of troops into the Floridas was done as well to protect the interests of Spain as of those of the United States.
In January, 1811, President Madison communicated to congress that, inasmuch as a recent order of the British government had contemplated taking possession of that portion of West Florida claimed by the United States, and inasmuch as no information on that score had been sent to the United States by Great Britain that such occupation was contemplated, "I recommend to the con- sideration of Congress the seasonableness of a declaration that the United States could not see, without serious inquietude, any part of a neighboring territory, in which they have in different respects so deep and so just a concern, pass from the hands of Spain into those of any other foreign Power. I recommend to their consideration also the expediency of authorizing the Executive to take temporary possession of any part or parts of the said territory, in pursuance of arrangements which may be desired by the Spanish authorities, and for making provision for the government of the same during such possession. The wisdom of Congress will at the same time determine how far it may be expedient to provide for the event of a subversion of the Spanish authorities within the territory in question and an apprehended occupancy thereof by any other foreign Power."*
In response to this communication, an act of congress approved January 15, 1811, to the following effect was passed. "That the President of the United States be and he is hereby authorized to . take possession of and occupy all or any part of the territory lying cast of the river Perdido and south of the State of Georgia and the Mississippi Territory, in case an arrangement has been, or shall be made with the local authority of the said territory for delivering up the possession of the same, or any part thereof to the United States, or in the event of an attempt to occupy the said
* Messages and Papers of the Presidents.
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territory or any part thereof by any foreign Government ; and he may for the purpose of taking possession and occupying the ter- ritory aforesaid and in order to maintain there the authority of the United States, employ any part of the army and navy of the United States which he may deem necessary."* The sum of one hundred thousand dollars was appropriated to pay the expenses of this movement, to be used at the discretion of the president. Should such territory be occupied as above pro- vided, he was empowered to form a temporary government therein and to appoint the necessary officers. By an act approved March 3, 1St, it was provided that the above act should not be printed nor published until the end of the next session of congress.
In compliance with the provisions of this act, the president on January 26, 1811, appointed Gen. George Matthews and Col. John McKee commissioners to repair "with all possible expedi- tion" to the Floridas and when there to be governed in their pro. ceedings by the condition of affairs. "Should you find Governor . Folk or the local authority existing there inclined to surrender in an amicable manner the possession of the remaining portion or portions of West Florida now held by him in the name of the Spanish monarchy, you are to accept in behalf of the United States the abdication of his or of the other existing authority and the jurisdiction of the country over which it extends. And should a stipulation be insisted on for the re-delivery of the coun- try at a future period, you may engage for such re-delivery to the lawful sovereign." The commissioners were authorized to guar- antes all the civil rights of the inhabitants, and gener dis to the control of affairs, all subject to a future settlement with Spoon. "Should you discover an inclination in the Governor of East Florida or in the existing local authority amicably to surrender that province into the possession of the United States, you are to accept it on the same terms that are prescribed by these instruc- tions in relation to West Florida. And in case of the actual appearance of any attempt to take possession by a foreign Power, you will pursue the same effective measures for the occupation of the territory and for the exclusion of the foreign force as you are directed to pursue with respect to the country west of the Perdido, forming at this time the extent of Governor Folk's jurisdiction. But should the arrangement contemplated by the statute not be made, and should there be room to entertain a suspicion of an existing design in any foreign Power to occupe
* Annals of Congress.
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the country in question, you are to keep yourselves on the alert, and on the first undoubted manifestation of the approach of a force for that purpose, you will exercise with promptness and vigor the powers with which you are invested by the President to pre-occupy by force the territory to the entire exclusion of any armament that may be advancing to take the possession of it. If in the execution of any part of these instructions you should need the aid of a military force, the same will be afforded you upon your application to the commanding officer of the troops of the United States on that station, or to the commanding officer of the nearest post, in virtue of orders which have been issued from the War Department. If Governor Folk should unexpectedly require and pertinaciously insist that the stipula- tions for the re-delivery of the territory should also include that portion of the country which is situated west of the river Perdido, you are in yielding to such demand only to use general words that may by implicatien comprehend that portion of country ; but at the same time you are expressly to provide that such stipulation shall not 'in any way impair or affect the right or title of the United States to the same." *
In the subsequent steps taken by General Matthews, he exceeded his authority and employed force in occupying portions of East Florida, much to the annoyance of the government. As a consequence, his authority was revoked and Gov. D. B. Mitchell of Georgia was appointed in his stead to carry into effect the provi- sions of the congressional acts. He was directed to restore to Spain Amelia island and other portions of La . Florida tiden by General Matthews. In May he was instructed that, insnatch .is the act of congress "made it the duty of the President to prevent the occupation of East Florida by any foreign Power, it follows that you are authorized to consider the entrance or attempt to enter especially under existing circumstances of British troops of any description as the case contemplated by the law and to use the proper means to defeat it."
Early in July, 1811, Mr. Foster, the British minister at Wash- ington, requested a further explanation of the "measures pur- sued by the United States for the military occupation of West Florida.' He referred to the act of congress concerning that province and the proceedings of the president, and declared that they were "so many direct and positive proofs that the Govern- ment of America is prepared to subject the province of West Florida to the authority of the United States." He observed that England "is still willing to hope that the American Government
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has not been urged to this step by ambitious motives or by a desire of foreign conquest and territorial aggrandizement," and concluded with the statement that he was "commanded in the event of its appearing on my arrival in this city that the United States still persevere by menaces and actual demonstration to claim the military occupation of West Florida notwithstanding the remonstrances of His Majesty's charge des affaires and the manifest injustice of the act, to present to you the solemn protest of Ilis Royal Highness in the name and on the behalf of His Majesty against an attempt so contrary to every principle of pub- lic justice, faith and national honor and so injurious to the alliance subsisting between His Majesty and the Spanish nation."*
Mr. Monroe replied that "although the President cannot admit the right of Great Britain to interfere in any question relating to that province ( West Florida), he is willing to explain in a friendly manner the consideration which induced the United States to take the step complained of." He briefly reviewed the . situation existing between the United States and Spain : That the latter had refused to settle or negotiate the claims for indemni- ties from spoliations and for damages from the suppression of the deposits at New Orleans ; that while this refusal would alone have been sufficient cause for war and while any European country would have made it the pretext for war, the United States had sought for peaceable methods of settlement until the positive refusal of Spain to negotiate had forced the government to consider other means of securing satisfaction ; that above and beyond all this the United States had an undended right to Wi Florida, having secured it as a part of Louisiana ; that their fog bearance in not taking possession in ISog did not waive their right to the province ; that while well grounded in their right they had recognized the claims of Spain and had pressed for a settle- ment through friendly negotiation, but had been repulsed by Spain, who refused to consider the just claims of the United States; that now Spain had neglected the province and it had fallen into serious disorder; that even yet the United States took no advantage ; that the inhabitants the last year, desiring protec- tion and security had taken the government into their own hands; and that the United States in this emergency and in order to pro- tect their rights had authorized the proceedings to take possession of the province." He concluded with the statement, "By this event the United States have acquired no new title to West
*American State Papers.
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THE PROVINCE AND THE STATES.
Florida. They wanted none. In adjusting hereafter all the other points which remain to be adjusted with Spain and which it is proposed to make the subject of amicable negotiation as soon as the Government of Spain shall be settled, her claim to this ter- ritory may also be brought into view and receive all the attention which is due to it."
Early in September, 1811, Mr. Foster wrote again, demanding to know by what right the United States presumed to adopt measures to invade and take possession of East Florida. He called attention to the fact that Governor Matthews of Georgia was at that moment within the boundaries of East Florida, under orders of the president, and was endeavoring to treat with the inhabitants for the peaceable delivery of the province to the United States. He therefore considered it his duty "to lose no time in calling upon you for an explanation of the alarming steps which Governor Matthews is stated to be taking for sub- verting the Spanish authority in that country, requesting to be informed by you upon what authority he can be acting and what measures have been taken to put a stop to his proceedings."
Mr. Monroe calmly replied, repeating the grievances of the United States against Spain, and showing that the government had just cause to declare war, or to take possession of Spanish territory to recoup them for the indemnities and damages so often demanded and as often refused or avoided. He said, "The United States have considered the Government of Spain indebted to them a greater sim for the injuries above stated, than the province of Hast Florida can by any fair standard between the parties be estimated at They have looked to the province for their indemnity and with the greater reason because the Govern- ment of Spain itself has countenanced it (he referred to the fact that at one time Spain was on the point of selling Fast Florida to the United States for a monetary consideration ). That the United States have suffered their just claims to remain so long unsatisfied is a new and strong proof of their moderation as it is of their respect for the disordered condition of that Power. There is a period however beyond which those claims ought not to be neglected." It had become plainly evident to the United States that Great Britain seriously meditated taking possession of East Florida, either for herself or on behalf of Spain. Many occurrences pointed strongly to that conclusion. Under no cir- cunstances could such a finality be permitted. Accordingly, Mr. Monroe, in order to show the attitude of the United States on the question of such an occupancy by Great Britain, made the follow-
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ing plain avowal to the British minister: "Under these circum- stances it would be equally unjust and dishonorable in the United States to suffer Hast Florida to pass into the possession of any other Power. Unjust, because they would thereby lose the only indemnity within their reach for injuries which ought long since to have been redressed. Dishonorable, because in permitting another Power to wrest from them that indenmity, their inactiv- ity and acquiescence could only be imputed to unworthy motives. Situated as East Florida is, cut off from the offer possessions of Spain, and surrounded in a great measure by the territory of the United States and having also an important bearing on their com- merce, no other Power could think of taking possession of it with other than hostile views to them. Nor could any other Power take possession of it without endangering their prosperity and best interests. The United States have not been ignorant or inat - tentive to what has been agitated in Europe at different periods since the commencement of the present war, in regard to the Spanish provinces in this hemisphere; nor have they been unmind- ful of the consequences into which the disorders of Spain might lead in regard to the provinces in question without due care to prevent it. They have been persuaded that remissness on their part might invite the danger if it had not already done it, which it is so much their interest and desire to prevent. Deeply impressed with these considerations and anxious while they acquitted themselves to the just claims of their constituents to preserve friendship with other Powers, the subject was brought before Congress at its last session, when an act was passed author- izing the Executive to accept possession of Has Boula from the local authorities, or to take it against the attempt of a foreign Power to occupy it, holding it in either case subject to future and friendly negotiation. This act therefore evinces the just and amicable views by which the United States have been governed towards Spain in the measure authorized by it." *
Succeeding the unauthorized acts and proceedings of Governor Matthews in East Florida, the people who had joined his cause revolted from the authority and jurisdiction of Spain, established a temporary government "to avoid confusion." took possession of the country and finally passed an act authorizing their commis- sioners to surrender the province to the United States. Inasmuch as they had been assured that the proceedings of Governor Matthews were authorized by the United States, "the whole plant-
. American State Papers
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ing interest declared themselves free" of Spain, and asked for admission into the Union ; but the States refused to recognize the revolutionists or to accept their so-called cession. Such a recog- nition would have been equivalent to a declaration of war against Spain. On the other hand, the United States quietly stimulated the sentiments of the revolutionists, stipulated for their protection, and otherwise prepared to take possession should Great Britain undertake to occupy the province.
Soon after the declaration of war against Great Britain in 1812, a bill authorizing the president to occupy all that part of West Florida not already in the possession of the United States and all of East Florida, passed the house of representatives, but was rejected by the senate .* As one of the objects of such bill was to prevent the British or any other foreign country from taking possession of the Floridas, and as it did not seem then that such were the immediate intentions of that of any other country, it was thought wiser by many to wait until some definite movement 'in that direction should appear. It was also argued that if the British had not landed in East Florida, the American forces there should be withdrawn; or on the other hand if the British had landed any troops in that province, the American forces should occupy and hold East Florida as well as West Florida. It will be noticed that the act of January 15, ISH, did not authorize the president to occupy East Florida, unless certain arrangements could be made with the inhabitants for gaining possession, or unless an attempt should be made to occupy it by some foreign power. This made it necessary to disavow the proceeding; . .. i Governor Matthews, but it also peruntied the president to offer East Florida for the purpose of conducting negotiations with the view of getting possession, and such course was pursued with con - siderable force and all that was intended was accomplished, namely, the obstruction of any attempt to occupy the territory by Great Britain.
In a resolution adopted December 22, 1812, the United States senate requested the president to lay before that body such infor- mation as he had secured of the intentions of the enemy (Great Britain) to take possession of East Florida, of the disposition of the people there to be received under the protection of the United States, of any recent negotiations with Spain loking to a settle- ment of the differences between the two countries, of any pur. ceedings of the people of East Florida to have that province ceded
. Annals of Congress,
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to the United States or for its surrender to or occupancy by the United States, and of the relations subsisting between the two countries respecting East Florida .* In response to this request the senate was informed of the condition of affairs. In both . house and senate the project of taking possession of East Florida began to be discussed with intense sincerity and the proceedings of January resulted. A similar request to the above was made by the senate Janmary 18, 1813, and met with such response that soon afterward the enactment to take possession of East Florida under certain contingencies was deemed premature, and the project to take possession in any event was considered and discussed with- out resulting in any definite action,
After war had actually begun between Great Britain and the United States and the powerful navy of the latter had blockaded the Atlantic and the gulf ports and had even landed troops in some of the towns, congress did no longer delay an act to occupy West Florida and establish the government therein, when it seemed certain that, unless such course was taken, England was sure to take possession of the province. Congress did not yet feel justified in taking possession in a similar fashion of East Florida, though the American forces remained in and around that territory, prepared to repel any advance or occupancy of that province by England or any other foreign Power. By the act of February 12, 1813, it was provided "that the President be and he is hereby authorized to occupy and hold all that tract of country called West Florida which lies west of the river Perdido and now in possession of the United States."f The president was authorized to use the army and navy for this purpose; and the sum of twenty thousand dollars was appropriated to defray the expenses. The act of January 15, 1811, had authorized the presi- dent to occupy West Florida, providing peaceable possession could be obtained from the inhabitants. Under this act portions of the province had been occupied; but a considerable portion still remained in the possession of the Spanish authorities, who refused to deliver the posts occupied by them. The act of February 12, 1813, authorized the president to take possession of the remainder of the province regardless of the remonstrances of Spain. This act was deemed imperative by reason of the manifest intention of Great Britain to excupy the Gulf ports of the province; or in other words to occupy territory claimed by the United States,
· Senale Documents.
t Annals of Congress.
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No other events of great importance in relation to the Floridas occurred until the termination of the war with Great Britain. The United States remained in possession of West Florida, but had removed the troops from East Florida, as there was no longer any excuse to occupy that province. Order had been restored, the law-breakers had been shot, arrested or driven off, and the fierce savages had been reduced to subjection.
In his proclamation dated September 1, 1815, President Mad- "ison said, "Whereas, information has been received that sundry persons, citizens of the United States, or residents within the same, and especially within the State of Louisiana, are conspiring together to begin and set on foot, provide and prepare the means for a military expedition or enterprise against the dominions of Spain ; . . and for this purpose they are collecting arms, military stores, provisions, vessels and other means, and deceiving and seducing honest and well meaning citizens to engage in. their unlawful enterprises, or organizing, officering and arming them- selves for the same;
I have therefore thought fit to issue this my proclamation warning and enjoining all faithful citizens .
. to withdraw from the same without delay, and commanding all persons whatsoever engaged or concerned in the same to cease all further proceedings therein as they will answer the contrary at their peril."* He directed that all civil and mili- tary officers should be vigilant in seizing and preventing such persons from effecting such unlawful object.
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After the year 18oS and until the year 1815, Spain, knowing her inability to maintain her authority in West Florida, had as preseed in their occupation by the United States, being assured as she was by the latter that her rights would be fully respected and secured by subsequent negotiations between the two countries. However, on the 30th of December, 1815, Chevalier Luis de Onis, minister of Spain recently appointed to the United States, communicated to the authorities at Washington that, inasmuch as the diplomatic relations between the two countries had been restored, the terri- tories of both nations should be put in the same state as they were when the official relations had been suspended in 18o8; that "the part of West Florida which the United States took possession of during the glorious insurrection of Spain and have retained until this day, should be restored to His Catholic Majesty ;" that the United States should at once prevent the formation of expe- ditions of all kinds within their borders against the Spanish pos-
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