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 7
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· Diplomatie Correspondence.
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Mississippi. He said that, after 1763, the inhabitants petitioned Great Britain to be attached to West Florida, owing to the incon- venience of their having to attend to the seat of the Georgia gov- ernment ; and that this petition had been granted and the limits of West Florida fixed at the month of the river "Yassaw" ( Yazoo). Ile further maintained that Spain had strong claims to the territory cast of the Mississippi above the mouth of the Yazoo; that Captain Don Baltazar Devillia (or de Villers), a Spanish officer, had crossed the Mississippi river on November 22, 1780, at a place called the "English Arkensaws," about four hundred miles above Natchez and had "buried under ground in a tin box the colors of Spain as a symbol of his having taken pos- session of that part of the country for Spain."i
It was later maintained by Spain, that on the 2d of January, 1781, "a detachment of sixty five militiamen and sixty Indians of the nations Ottawa, Sotu and Pottawattomic, under the command of Don Eugenio Pierre, a captain of militia, accompanied by Don Carlos Tarjon, a sub-lieutenant of militia, by Don Louis Chevalier, a man well versed in the language of the Indians, and by their great chiefs Eletumo and Naquigen, marched from the town of St. Louis of the lionese ( Illinois), and possessed themselves of the post of St. Joseph, which the English occupied, at two hun- dred and twenty leagues distance from that of the above men- tioned St. Louis," suffering intensely from cold and hunger and exposed to attacks from savage Indians in the deep snow. The commander, by seasonable precautions, prevented a large body of Indians devoted to the British, from opposing the expedition. "They made prisoners of the few English they found in it, the others having perhaps retired in consequence of some prior notice. Don Engenio Pierre took possession in the name of the king, of that place and its dependencies, and of the river of the Illinois ; in consequence whereof, the standard of His Majesty was there displayed during the whole time. He took the English one and delivered it on his arrival at St. Louis to Don Francisco Cruyat, the commandant at that post. The destruction of the magazine of provisions and goods which the English had there (the greater part of which was divided among our Indians and those who lived at St. Joseph, as had been offered them in case they did not oppose our troops), was not the only advantage resulting from the success of the expedition, for thereby it became impossible for the English to execute their plan of attacking the fort at St. Louis
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. American State Papers.
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of the Illinois, and it also served to intimidate the savage nation, and oblige them to propose to remain neutral which they do at present. When you consider the ostensible object of this expedition, the distance of it, the formalities with which the place, the country, and the river were taken possession of in the name of his Catholic Majesty, I am persuaded it will not be necessary for me to swell this letter with remarks that would occur to a reader of far less penetration than yourself."* These conquests, together with the settlements of Natchez and, later, of Walnut Hills (now Vicksburg ), and the Chickasaw Bluffs (now, Memphis), were the grounds for the Spanish claim to the terri- tory east of the Mississippi and north of the thirty-first degree of north latitude. Opposed to this claim was the conquest of the western country by George Rogers Clark during the revolution.
To John Jay, a secretary to the United States of America for the department of foreign affairs, were assigned the powers of con- cluding with Don Diego de Gardoqui, the encargado de negocios of the king of Spain, "whatever articles, compacts and conven- tions may be necessary for establishing and fixing the boundaries between the territories of the United States and those of his Cath- olic Majesty, and for promoting the general harmony and mutual interests of the two nations." On August 25, 1785, this was modified so as "particularly to stipulate the right of the United States to their territorial bounds and the free navigation of the Mississippi from the source to the ocean as established in the treaties with Great Britain," and he was forbidden to sign any treaty of compact until the same should have been previously submitted to congress : 1
On September 23, 1785, Mr. Cardoqui complained that in cer- tain domestic deliberations by the State of Georgia, the frontier limits of that state had been extended over some of the territory recently conquered by Spain from Great Britain and specified that Thomas Green "clandestinely and with a considerable number of families and slaves" had gone to the Spanish fort at Natchez, that they had appointed Mr. Green governor, but had been refused recognition by the Spanish commandant there. Congress was asked to remedy the difficulty. In response to this request, con- gress enacted "that although they conceive that they have an undoubted right to all the territory within the limits specified in the definitive articles of peace and friendship between the crown
· American Stade Papery
1 Proceedings of Congress
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of Great Britain and these United States, yet they view with real concern the unaccountable attempt of any individual of these States" to disturb the peace between the two nations, and that the delegates of the State of Georgia should disavow the appointment of Thomas Green as governor. On February 25, 1786, John Jay informed congress that a boat which had been sent down the Mis- sissippi by a Mr. A. Fowler, had been stopped at Natchez by the Spaniards, and said "that there is good reason to believe that the king of Spain is resolved, if possible, to exclude all nations from the navigation of that part of the Mississippi which runs between his territories." He further observed that if the United States maintained the navigation of that river to their citizens, it would have to be by arms or by treaty.
On May 25, 1786, Mr. Gardoqui formally asked that congress should consider the respective claims of the two countries over the western boundaries and to the navigation of the Mississippi. HIe intimated that, by reason of the conquest of Captain de Vil- lers in 1780, Spain claimed the country east of the Mississippi and above Florida. The appointment of a commission to settle the differences having been suggested by Mr. Jay, congress "resolved, that unless all questions relative to the boundaries of Florida shall (as they hope will be the case ) be settled by mutual agreement, the United States will cheerfully consent, and be ready to refer the same to the ultimate decision of three or more impartial commis- sioners." Mr. Jay having been called before congress August 3, 1786, to communicate the progress of negotiations between him- self and Mr. Gardogni, informed that body that the questions of territorial limits and of navigating the Mississippi were the only two obstacles that divided them; that Spain was then holding the territory she claimed and preventing American citizens from navi- gating the Mississippi ; and that she was not likely to yield these claims withont war.+
On August 29, 1786, congress repealed their instructions of August 25, 1785, to Mr. Jay, concerning the boundaries and the navigation of the Mississippi. It having been shown that the Spanish authorities down the Mississippi had stopped all Amer- icans from passing with their boat loads below Natchez, notably in the cases of A. Fowler and Thomas Amis, both of whom had lost their boats and loads, Mr. Jay made the following recom- mendation to congress: "It is well known that Spain will not permit our people to navigate that part of the river which runs
* American State Papers.
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through their countries, and such of them as make the experiment must expect consequences sinnlar to those which Amis experi- enced. Your secretary is convinced that the United States have good right to navigate the river, from its source to and through its mouth ; and unless an accommodation should take place, that the dignity of the United States, and their duty to assert 'and maintain their rights, will render it proper for them to present a memorial and remonstrance to His Catholic Majesty, insisting on their right, complaining of its being violated, and demanding in a temperate, inoffensive, but, at the same time, in a firm and decided manner, that his Majesty do cease in future, to hinder their citi- zens from freely navigating that river through the part of its course in question. Your secretary is further of opinion, that in case of refusal, it will be proper for the United States to declare war against Spain. There being no respectable middle way between peace and war, it will be expedient to prepare without delay for the one of the other."
It has been asserted that congress at this time actually passed an act authorizing Mr. Jay to propose to the Spanish minister the suspension of American commerce on the Mississippi river for the period of twenty-five years; but there seems to be no record that such an act was really passed. Congress deliberated on such a bill for many months; and no doubt Mr. Jay was instructed to informally sound the Spanish minister on the subject. But the refusal of the latter to entertain the proposition and the violent outbreaks throughout the western country in opposition to such a rinous measure, so violent in fact as to threaten the stability of the Union, were sufficient to prevent the actual passage of the bill.
In the meantime events of great import were transpiring in the west. The extraordinary emigr ation into the Ohio valley imme- diately succeeding the revolution, had rendered an outlet for the settlers' products down the Mississippi absolutely necessary ; but as this privilege was denied them and as it was reported that con- gress would likely agree that the navigation of that river should be suspended for the period of twenty-five years, as had been seri- ously considered,+ they inaugurated various movements calculated to enforce their right to such free navigation, regardless of what congress might think of their course. Gen. George Rogers Clark, as a measure of retaliation against the Spaniards, and at the insti- gation of Great Britain, seized what Spanish property there was at the post of St. Vincennes, having under his command the troops
. American Stiate Papeis.
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stationed there. Under his orders the same action was taken against the Spaniards on the Illinois. He had also recruited a considerable force of militia in the western country for the real purpose of assisting Great Britain, but for the avowed purpose of resisting Spanish pretentions and opening the Mississippi to the western country. Thomas Green and others at the Falls of the Ohio (Louisville), and in the State of Frankland (on the Cum- berland river ), had likewise armed and organized a considerable body of militia with the same object. One gentleman at the Falls of the Ohio, on December 4, 1786, wrote to New England :*
"We can raise twenty thousand troops this side the Alleghany and Appalachian mountains ; and the annual increase of them by emigration from other parts is from two to four thousand. We have taken all the gooils belonging to the Spanish merchants of Post Vincennes and the Illinois, and are determined they shall not trade up the river, provided they will not let us trade down it. Preparations are now making here (if necessary) to drive the. Spaniards from their settlements at the mouth of the Mississippi. In case we are not countenanced and succored by the United States ( if we need it ) our allegiance will be thrown off, and some other power applied to. Great Britain stands ready with open arms to receive and support us. They have already offered to open their resources for our supplies. When once reunited to them "farewell, a long farewell, to all your boasted greatness." The province of Canada and the inhabitants of these waters, of themselves, in time, will be able to conquer you. You ( meaning the people east of the Alleghanies) are as ignorant of this country as Great Britain was of America." Ile further said, "The late commercial treaty with Spain ( it was reported in the west that such a treaty had been concluded) in shutting up, as it is said, the navigation of the Mississippi, for the term of twenty-five years, has given this western country a universal shock, and struck its inhabitants with an amazement. To sell us and make us vassals of the merciless Spaniards, is a grievance not to be borne." And speaking of New Orleans he said, "We know by woeful experience that it is in their power, when once we are there, to take our produce at any price they please. Large quantities of flour, tobacco, meal, etc., have been taken there the last summer and mostly confiscated ; those who had permits from their gover- nor was obliged to sell at a price he was pleased to state of sub- ject themselves to lose the whole. Men of large property are
. American Slate Papers.
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already ruined by their policy. The quantities of produce we now have on hand are enormous. flour and pork are now selling here at twelve shillings the hundred, beef in proportion ; any quantities of Indian com can be had at nine pence per bushel."
It was claimed in March, 1787, by John Sullivan, late in the continental service, in a letter to Mr. Gardoqui, that "from the Natchez to the Kaskaskies, from Pittsburg to St. Mary's river, they . are prepared to pour forth with the greatest case fifty thousand veterans in arms in defense of their commercial rights throughout the navigable rivers of the southern part of this empire.
May it please your Excellency, the States of Georgia, Franklin and Kentucky federated; the counties of Bourbon, etc., on the Natchez, the settlements on Cumberland, Kaskaskies and the Wabash; and the governments of Pittsburg, Westmoreland, etc., abound with the seeds of war ; nor will any obstruction from New Orleans to the Balise impede the overwhelming inundation preparing to pour down along the waters of the Mississippi into the bay of Mexico. The torrent will be irresistible. . The permission of congress will not be solicited on this occasion. In congress this people are not represented." How true the boasts of Mr. Sullivan were must be, to some extent, a matter of con- jecture. But it is certain that all of the western settlers were determined to have the right of freely navigating the Missis- sippi, and were on the point of joining Great Britain in a war against New Orleans, Natchez, etc., 'to gain it." While the actual conditions were bad enough, the western people were particularly incensed by the report that congress had relinquished the right as above stated, to navigate the Mississippi for twenty-five years. This course had been seriously and elaborately considered by congress, but had been rejected.
Steps were promptly taken by congress to thwart any armed movement against New Orleans or Natchez, and the western set- ters were assured that their rights to navigate the Mississippi would be protected. The following resolution was passed Sep- tember 16, 1788: "That the free navigation of the river Mis- sissippi is a clear and essential right of the United States, and that the same ought to be considered and supported as such ; that the said report (to relinquish the claim to navigate the Mississippi) not being founded on fact, the delegates be at liberty to communi- cate all such circumstances as may be necessary to contradict the same; and that no further progress be made in the negotiations with Spain by the secretary of foreign affairs but that the subject to which they relate be referred to the federal government which is
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to assemble in March next."" The proceedings over the adoption of the Constitution of the United States postponed for some time further consideration of the necessities of the western people.
The secretary of state, Mr. Jefferson, informed congress, on December 22, 1791, that a commissioner of Spain had signified that his king was willing to consider the question of the Amer- icans' right to navigate the Mississippi and their desire for a port thereon. It was suggested that the negotiations be held at Madrid .** President Washington appointed William Carmichael and William Short commissioners plenipotentiary "for negoti- ating and concluding a convention or treaty concerning the navi- gation of the river Mississippi by the citizens of the United States." This proceeding was ratified by congress. In March, 1792, the powers of the commissioners were extended so as to embrace all the measures of a general treaty such as had been previously discussed with Mr. Gardoqui.
It should be noticed that, at his date, Spain no longer made claims to the Upper Mississippi valley to the eastward of the stream; but she still claimed and occupied Natchez and the post at Walnut Hills ( Vicksburg). The questions of boundary and of navigation were still to be settled. As a measure of precaution against any possible descent of the western settlers upon Natchez or New Orleans, she had strengthened all her posts on the Mis- sissippi, having sent fifteen Imdred soldiers to New Orleans doubtless for that purpose. Mr. Jefferson said to Mr. Carmi- chael in a letter dated August 2, 1790, " I say nothing of the claims of Spain to our territory north of the thirty-first degree and cast of the Mississippi; they never merited the respect of an answer; and you know it has been admitted at Madrid that they were not to be maintained."+ Tims the contentions had settled down to the questions of the northern boundary of West Florida and the navi- gation of the Mississippi. Spain did not dispute the right of the United States to the left bank of the river above the true bound- ary. The settlement of these important questions was again post- poned by the wars in Europe.
In March, 1792, Mr. Jefferson prepared instructions for the American commissioners, appointed to treat with Spain, from which the following extracts explain themselves :
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"The southern boundary of Georgia, the only one now in ques- tion, was established originally at the thirty-first degree of lati-
. Proceedings of Congress.
** Writings of Thomas Jefferson. I American State Papeis.
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tude from the Apalachicola westwardly, and the western bound- ary, originally the Pacific ocean, was, by the treaty of Paris, reduced to the middle of the Mississippi. In the course of the revolution we were joined by France as an ally, and by Spain and Holland as associates ; having a common enemy, cach sought that common enemy wherever they could find him. France, on our invitation, landed a large army within our territories, con- tinned it with us two years, and aided us in recovering sundry places from the possession of the enemy. But she did not pre- tend to keep possession of the places rescued. Spain entered into the remote western part of our territory, dislodged the common enemy from several posts they held therein to the annoyance of Spain ; and perhaps thought it necessary to remain in some of them, as the only means of preventing their return. We in like manner dislodged them from several posts in the same western territory, to-wit : Vincennes, Cahokia, Kaskaskia, etc., rescued the inhabitants, and retained constantly afterwards both them and the territory under our possession and government .* At the con- clusion of the war, Great Britain, on the 30th of November, 1782, by treaty acknowledged our independence and our boundary, to-wit : the Mississippi to the west and the completion of the thirty-first degree, etc., to the south. In her treaty with Spain, concluded seven weeks afterward, to-wit: January 20, 1883, she ceded to her the two Floridas, which had been defined in the proclamation of 1763 and Minorca ; and by the eighth article of the treaty, Spain agreed to restore, without compensation, all the territories conquered by her and not included in the treaty, either under the head of cessions or restitutions, that is to say all except Minorca and the Floridas. According to this stipulation Spain was expressly bound to have delivered up the possession she had taken within the limits of Georgia, to Great Britain, if they were conquests on Great Britain, who was to deliver them over to the United States ; or rather, she should have delivered them to the United States themselves, as standing quoad hoc in the place of Great Britain. And she was bound by natural right to deliver them to the same United States on a much stronger ground, as the real and only proprietors of those places which she had taken possession of in a moment of danger, without having had any cause of war with the United States, to whom they belonged, and without having declared any ; but on the contrary, conducting herself in other respects as a friend and associate.
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"It is an established principle that conquest gives only an inchoate right, which does not become perfect till confirmed by the treaty of peace, and by a renunciation or abandonment by the former proprietor. Had Great Britain been the former proprie- tor, she was so far from confirming to Spain the right to the terri- tory of Georgia, invaded by Spain, that she expressly relinquished to the United States any right that might remain in her ; and after- ward completed that relinquishment by procuring and consoli- dating with it the agreement of Spain herself to restore such territory without compensation. It is still more palpable that a war existing between two nations, as Spain and Great Britain, could give to neither the right to seize and appropriate the terri- tory of a third, which is even neutral, much less which is an asso- ciate in the war, as the United States were with Spain. On the conclusion of the general peace the United States lost no time in requiring from Spain an evacuation of their territory. This has been hitherto delayed by means we need not explain to that court, but which have been equally contrary to our right and to our consent." And in regard to the secret article between the United States and Great Britain, the commissioners were instructed to put the case hypothetically, thus: "Suppose that the Umted States, exhausted by a bloody and expensive war with Great Britain, might have been willing to have purchased peace by relinquishing, under a particular contingency, a small part of their territory, it does not follow that the same United States, recruited and better organized, must relinquish the same territory to Spain without striking a blow."
The argument of Mr. Jefferson regarding the boundary between West Florida and the United States rested upon three principal grounds: 1. The charter of Carolina to the lords proprietors in 1663 which fixed it on the thirty-first degree; 2. The proclama- tion of the British King in 1763 4 ( see supra ) ; 3. The treaties of November 30, 1782, and September 3, 1783, "repeating and con- firming these ancient boundaries." His argument on the right of the United States to navigate the Mississippi was based upon the following grounds: 1. The treaty of Paris of 1763; 2. The Revolution treaty 1782-3; 3. The law of nature and nations .* Ile said :
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"The war of 1755-1763 was carried on jointly by Great Britain and the thirteen colonies, now the United States of America,
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against France and Spain. At the peace which was negotiated by our common magistrate, a right was secured to the subjects of Great Britain (the common designation of all those under his government) to navigate the Mississippi in its whole breadth and length, from its source to the sea, and expressly that part which is between the island of New Orleans and the right bank of the river, as well as the passage both in and out of its mouth; and that the vessels should not be stopped, visited, or subjected to the payment of any duty whatsoever. These are the words of the treaty, article VII. Florida was at the same time ceded by Spain, and its extent westwardly was fixed to the lakes Pontchar- train and Maurepas and the river Mississippi ; and Spain received soon after from France a cession of the island of New Orleans, and all the country she held westward of the Mississippi, subject of course to our right of navigating between that country and the island previously granted to us by France. This right was not parceled out to us in severalty, that is to say, to each the exclusive navigation of so much of the river as was adjacent to our several shores-in which way it would have been useless to all-but it was placed on that footing on which alone it could be worth any- thing, to-wit : As a right to all to navigate the whole length of the river in common. The import of the terms and the reason of the thing prove it was a right of common in the whole, and not a several right to each of a particular part. To which may be added the evidence of the stipulation itself, that we should navigate between New Orleans and the western bank, which, being adja- cent to none of our states, could be held by us only as a right of common. Such was the nature of our right to navigate the Mis- sissippi, as far as established by the treaty of Paris.
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