-i-k.
Jvt
t.'v
- ti'r
:i;f
a
li
mit
''.It.
.'
K
tt
tr
xi'
J d
JV
t.c,
v- i
&
Lis,!
vhi' I
r,'?i.
Put
Ci.
i'
?'-
V!
tj"'
Ssti."
"I
csr
Jay
.icks
ntai
abav
!oin.
not:'
l'iUJ
V
.Is.
11.
) dcii
if
'est
Jot
'oft -1
- .-''
IN.
i 1
t
coul
: CO" ,
A
jlbeilubjectUhTerrtor West of th Perdido.
Xat ' feclringj laws now in force m
'..ikm ;.tfi Orlpann In irfn'f ta hAvf full
tc'wi effect totljejiver Perdi4o,, pursuaht
CiJe treaty coiclqded at-Paria on the Soth A
lso3 f an4 for otheV purpose,' beiog under
Qsideritwri t "and th qaestionljelng oh ita pas
IPC IU .... - rjj - .,;. , r. - .
( tlr. Pofr'tfu President I regret 'that' ,the
I
5D01
U iriiict ids aJtxioftnjBaOiiiv'and 'them
Qtanco"of the subject authorised as to expeet-;
W jbsence has deyolted on mpV as a member
,f jhe comnuuee, Rua frepreseniauve pi inaj
cctienof the union tnore Immediately interested
.hp mihiect before us.to" exDlain to the Senate
'joieof tbeigrouods wbih induced them to make
''M VP01? 'r itiinpaanjt-tt'Ralioo Which
j,'laiatiton ibf th?: President f and this bill
'reseots Tortibnsi deratiocr, is whether or not the
Uwted States he k od(jtUeo the territory in
tottian'i v Before ;'I examine" the : treaty of cession
jruia;,.iattd: States' of 1803, the
'jurci'pf our; claim Proit ;mfe, to enquirfe fiat
yeits4Dr.Mnian'' in - that 'quirtef to
1800, after she Kad acquired East Louisiana, a awakened ' in - favor f-Sp'ain J AVhat
tes West Florida; so called br Great' Brirain after the Spanish overnmem upon , 'our mode r.
1763. roufd well say to lanre. T re-f-fant to vou tind forbearance ? . What has been her
what you ceded 10 iiae and cn my accoutvtct atl From thmoroent we became an, independent . a.'
tetn" country frpm'the Atlantic states. Sb6 "bat
mdc, atj&ffereht periods, and as late as the year
18Q6 In vjolatiotiof her treaty,, of I7351 wittt this
country, ijdjrfct propositions" to the Westirn' peo
ple ttfmsdc from ihe Ur.ionantl t6 ,accbmpU&6
her objr?r at least attempted tne use ol Ineattrtne
claim s . Jllfi tijeaj & xt addressed tte"S?nate as fuL
qondi. tl VMriPriCt ' Thibili uncfet: ""consideration - ' '
least so much .as V can i'regrant consisteut with the
trcatiesf " I have since, made ; and thi SQema, to
be the- plain and evident, meaning rf ihe instru-i
ment. If the parties had meant lo confine the,
retrocession to the limits of the cession, made by
France to Spain, of Louisiana west f ths JMissis-n
sippi i, including the eland of NewtOiTcans, they
wpuld have used he same description, They
woyld certaioly have stopped aher sayingtSe e.ic
lent ittUep had In the hands ot SpainrIut to
sble chairroaii "pf the committee" wha "reM"
i-S.iu',jrwx wi;icnfvg os j,hu meaning qitne par
tiiesthy pv sayamTVuch as' it tf.owfd
lftet,twtreikVies',sdbsequ qterd into te1
twe.eJ) dtsafnTand otheftates.T. A ISpdtti bad
nef er entered intd ny treaty, wfth regard to the
western bbundary'f Lcmisianai and as the only
treaties to which thtoarties could have alluded,
was that, of 1783; with Great Britain send of '171' 5
most ftupfj" What haslTeenher cpndUgt since
we acpjuco iuuisrna i it i tm . correcuy ' iij-
contams '
in efrectK4t.r
leans thef.
Mississippi -cond
exttnj.hT :
forporalted'tl -teijritory;
-f s
These pro
6rtant proviuoni.''l'hii,firs,t '
jtes vrith the Territory of Or. .
ipt Aft Florida feaSrpf tf, ,
i as the nver Perdidofthese?
".arjart of the province, ttiug jn
is yjaturajly in?oIy9) twp 'que j; 4
en!? wi uqiiea;statfc3 nave a
formed. otifftrffin4 hVti who have tiXfeniftefolU fJwilrrwhether it would be'ex
good title.ta U.at. paT 5th'e province "deribed
ex
btvSomnderefJ, and enormous duties feaye been to. takt'passesV7i''rce j':
imposed ' on "our vessels navigating 'the Mile Be fore 4: propeed tp: Ctmsider these
ueg leave, Mr. Presi
with the United Sfetes, both relative to limits on
toe east side of: the-Mississippi, it is perfectly
clear that the contracting parties meant to com
Under alt" Ihsc hrovocations, suflicient to have
drawn upon tbeju from almost any other nation
an open declartion of war, our' government,' in
fluenced by that pacific policy which has hitherto
regulated itscours towards, foreign nations, ex
ercised patience and forbearance And since the
Jate revolution in Spainr I believe ,U will not be
i 'fil bet weert" France, Spain and Great Bfi-
tr ua;.miuojew; nowever, Dei;eve fMiere
ij no coiitraricty 'opinion .before this period
im'dahaextendedeast' cif the riyer Mississippi to
louiaana
'the river Perdido France . and Spaing by the
treaty of ;t IV, establishiid this boundary between
Inorida, now called East Florida arid! Lousiana.
jThelncient limits of Lousiana have been so fut
!r, ascertained by the documents laid before Con
jress at ilifl'e,rent times, and the numerous diu-'
jcussions the subject has undergorjef that , I should
Jofilr wastjthe lime of thq Senate in attempting to
the Senate tp'one additional,' evidence, that this
river was the ancient eastern boundary of this
prbvince7Mn Smollet, in his contiouatioo of
rfume'S histftry of England, states the answer of
.Bndsh govemmentftoithe proposition made by
'France for (peace earjy iu the.-year lf9) From
uliich appearsthatvFrance then claimed f the
ri?er PeMido as ' their ''easraliffiitr'.ncir does this
;fac appear o hav.be 0iVeMje44e35iiish
jaMstci?; ' )it ippearihat previous to thr war
which :terminatedT ipu'. 76,, Louisiana cdmpre
)aixA ljriB'rlexdutUry watered by the
Qistsf4U( :1ts''(ra6'ches:-"I find" it stated in
i pamphlet-published inNew York, that France
by a SeCret. cession contemporaneous wuh the
'treaty called the family-compact "bf '17 jl , trans
jferrcd; this country to '-Spaing to induce hereto
.become her ally vin the ; war against G. Britain ;
auouga i. can una no-tywence to support
tlwttatement :'etihe4etept of thar wari'preyious
ti period 'render's it alf least probable It will
'rtrsembered' thatthe arms of Great Britain
bl triumphed py'er those pf France both by, sea
M hnd , France had lostj Canada ' and a great
aoraberof herships of Var Spain was not then
'1 in the .war," and, to induce her to become
it seems .probable that France,1-under . the
Ptssmejof adverse Jortune, ceded .to her, this
province." . But-as thi3 statementdoes- not xorres
Fld vvith the documents on our, tables, ,nor the
toy of pUiersw ho; haye examined this subject,
c are compelled to take it for grantedTiatthe
ttirjn ol west Louisuvna, with the IslancL.of
jfew-lhleans toSpain, ajid.of east Lquisianu, since
r";H i tuiiua, i,o uneai-untain, were mjaqe
pretended that this governm has manifested
spy disposition to throw pur weight into the scale
of France against the Spanish party. Our govern.
prehend whatever, of. Louisiana on the eat sTdeftnent has taken ho step fri relation to West Flbri
of the Mississippi Sjjaifr had a jitle to. lf the ! da until compelled by a regard to our own safety.
construction J contend, for is not admitted, then the "executive iii the proceeding under consider.
the latter.parts of the 4escripiion will hare iio ef 1 tion has used language the most conciliatory, and
on the ce o Ins proclamation given a pledge that
this government will at any time enter into ami
cablenegociatiqns on the' subject of our claim to
mis itrriiory, n il snail DC Qisputen. .
VlustiS subject leads usj? before the, treaty anoVj feet, tontrarytto a 'sej.tUd principle of 'law and
uuTUTuyiu sciiici iiiai every pari ur.au lnstrumcfti
ihallUaye eitect, If i can by any reasonable, cpn
struction. T-o strengthen the ponstruction1; for
vhich I insist it may not be amiss to consider the
views of. th" French government at the time this
.treaty of S' lldefohso was made. They no doubt
acquired this province with an intention of hold
ing itj and it was art object cf national pride to
regain as much jis practicable 'of the colonies
which had been?Jost-Under the old government."
Besides they could not he ignorant pf the impor.
lance of East ""Louisiana, now West , Florida, to
the security of Kew-Orleans, ahd as the practi
cability of obtaining it at that time from Spain
cannot be doubted, the presumption is irresistible
that the cession was intended to embrace it. I
had intended to have ascertained at the Depart
mept of State the ground of objection with Spain
to the urreoder of that country to" the United
states, Uv nave no: made jtuejenquij-y, aorjot
however lihtnk It withcult tg account for -the con
T
idenf. JoT-ad ve rtto what m a v
be considered a prelimirtary question,'. I refer to'';
the authorijy oi the President of the spited State's '
to issue his protlamati6n')and thi accompanying"' Tvv'
orders of the ,7th of bctobeV; lasi, dir ectiig : tje I-V
forcible ; occupation of that .territory t' deeWV v
it material to consider this point.VbeCause,' f e "j.
proclamation were unauthorised, then' Coogres ; v
are not' committed by it, "rior vc xYiiy bouud tq C'v
give it their sanction- - ; ' T" . y
v II the President had any authority p Issue lUi - s
proclarnaiion, thai authority must have-'beeh cfe,
rived either under the constitution of the tJnited 'f , ,
States or under some tactor acts ojpongresst , "
The Prpsideut has no power whichdpea not prq ;ti
ceed from one or the other of these sources?! Thj .
constittitiott has iyenobnigre3Sthf exclusho
juwcr oi niaiwing iaw anu . ueciarmg wr 10 ina
- J
nvi v n. u.iin ui noai piausiuic iuuiivjs uiyu .. rrcsiacm uic powers oi executing tne laws oj. tne "v
which this bill as. an original proposition might be Union,- The povers of the one are' legfslative.vTi'
suppartedleriti rely independent of. the cession, of the other executives The Question thtn wmiH v
after she had sold Louisiana to the United States
and received the price stipulated, secretly advis
ed'Spain not to surrender it, having at that time
Iformed the project, whjch she is now attempting
to execute, ot acquiring, thety hole -Spanish em
pire ; her interest-was- therefore ihdentjfied with
that of Spain, and she was nodoubt willing to u
nit.e with Spain m giving the most limited instruc
tion to the cesion of the United ' Stalest , I tind
that Congress? by an act passed on jhb 24th of
rebruary, 180, have solemiy assertetl our ngn
Spain is indebted tp us a large amoupt for. spolia
tionsy committed ohtour commerce ; and as there
is no government at present towards which the
ordiqary proceeding can be pursued to obtain pay-,
ment, could we not, on the principle of the a
tachmeritlaw, as an- act of self justice, seize on
this territory to secure satisfaction ? .
As this measure has been. emphatically called
an act of robiigry and war, it may not be amiss tp
consider the political state ..of the Spanish colonies
in relation jo the Spanish government in the hands
of 'he Junta, and thenew dynasty about to be es
tablished by Bwiapartei It may.be said, perhaps;
that the late alienation of the Suanish crown and
the -Involution ni ; Spain f have dissolved ihe tie
ductot Spain. VMr ce'cture'llitiai; Fratia.i?ich ciOTpte
French arms shall be successful in Spain, of which
I believe few entertain much doubt, and the Jun
ta shall be - driven from Old Spaiaioany of thjs
colonies, their political character,; must cease,
and they can no longer claim the exercise of Tany
jurisdiction or "Sovereignty over the ColQn'res
The colonies are not bound together by ; any po
litical bond uncorinected with the" mother Coun
try ; they are subject to the mother souhtry ;
but the momenC she is coisquered, they are at
tolhis '"territory, and authorised; thd President to liberty: to provide for themselves, unless, indeed,
take possession of ity and to .establish V port- of j the' entpef r of France or kingJoseph can claim
ehtry kc. '''on. iheaMobil, .yjijeneyer 'he should ' themi France, in an official expose, ahd king
. ri i . . j . r i i l. u i ... : i . v. .1 i j .1...;.
same .time in the vear '62." It is. well
6wn, thatv, France 'ade' the cessipn to Great
Britairt he instance and for the benefit of Spain,
to enable- ler,F;wi(hi;he . cession of Florida, now
"lied aStjFloiida, to obtain restitution of Cur
the;jyhol-ujna, .not conquered by
reat-Brit"am, Tnay,: with Dropriety, Jbt 'saicl- to
ve been given upj or ceded y to Spain; ? Let U
ermine thar part of thc-tfeaty ofpcs'sioh- be?
, ther pnited jState'i "and France., of 4 803,
hicli -relatei to3; this, question-;. By that ireaty,
? .acquired Louisianai as fullr., and in the Same
jAMitier'as it had -beeB acquired7 by France from
Spam, jn virtue of theltreaty of St. Ildeforiso of
1st of pctoheri80p. f By this treaty Spain
T'M?futna..;to l7rance tk with the
mu extenlit then had' iikhe hands of Spain, and
;fi h naa wnen France possessed it, and such as
u, iuier iqe cronies suasequeuyy enier-
betweenpajrtd-other, stales; .hat
extract from iibat treatyis correct cannoj)e
retrocede,uit this, treaty , has,,, I
l',tv5 Mcasloned mbre doubt-with regard to the;
r-t-niinj of tliis. cession ;than any expression con-
3. U, ;but cannot-wheih the -subject .is-pro
p)t exatDjiicd have.tfi& effect contMed .fof.
f.m that'ai" lVaWw'cd;ed to Spain, iiv 175,
W yvesf of, t'heV Aljs&issippi incKiding the
'.wu ot .Wew-Oi leans-i the Avoid retrocede must
Mwfftef.s'ioti'-io what:1iai heen previously ce-Jrafk-e
to SnainU-but if itjie IJue. that the
"Pie 6,f Louisiana east and west of the AJ ississ'tp
H ITU r.1 J 4- 4L-' .i .- ii.V' .1.
5t Loyisiana afterward ceded by-, France
i ' ueeTght'th'roprieijr, boused with
grant to-Spip iiT, 1.761,
) W 'WiU not be denied the cession 6f east
deem it expedient. he' time whepy and circum
stance j undej which.this te"p shoiild. be taken,
were submitted to the discretibrt of .the Executive
I may J&e permitted tp ask why, if we had no title
to this ienitory, the President ws urged to takC
possession by force, andtendX-njb tlojng it
If my recollectibu is accurate, all parties agrtcd
we ought to- have the country ; tlity only ciifered
asHto'lhf rmodeTof "tquirmgt4ePt'esdentj
influenced by that policy yhich- has hitherto guid
ed the present administration ot avoiding mak'Qij
this nation a party m the present European war,
in i the exercise ,oi the discretionary power, vested
in him by that act, dicTnot "think proper to seize
upQn it bjpTbrce,;,b.ut to waiifor the occurence of
events to throw it into, Our hands without a Strug
i . 1 - , f' u
glcv . i : '- ' .. , ; . -
The Expediency of taking possession of this feN
ritory cannot, it appears to me, admit of a donbt.
If the President, had refused or hesitated to meet
the wishes ;of the people of' West "Florida by ex:
tending to. them the protection of the - American
gQyernmen'l,' and ihey' had souglit ecui ity in the
arms of foreign power, what should "we have
heard ? He rould have-been charged with imbe
cility "and fear: of 'incurring11 responsibility. He
would haVef beenSd enounced as unworthy of the
station his country had assigned him. ; Iet it be
remembered that the Orleans country Is our. most
vulnerable partre mote from our physical force-i
a climate mpre" fatal to our people than the sword
of a victorious'enemyand that an-enefny in pos
session cj West Florida ' CanT with great facility
cut off New Orleans from": the Upper country. - If
tneioriunate ". moment ,iiaa noj.Deen seizea,"yiis
province ivpuld have fallen into the hands of a for
'tgn poWer, .or if time had been given for intrigue
to mature itself another Burr plot would proba
bly have risen from the' ashes of (he first, more
formidable to the integrity of this empire- Burr,
like irchimedes, fancied that if he had a pjace to
stand uponaplace beyond the jurisdiction of the
United States to rally hia followers he Cquid over
(unVt .9Ternment. He has, it J.troevilcd;
from th.p ; frowns of airmdignant country But he
was,; not ' alone, Let ity opportunity bv.' afforded
and i thousand Burrs would throw off the mask
andnoint theii.arms acamst; the i federal Union.
Oriraiubiecrrof iuth interest it ioUld hate been
enniina
lio'na) aMty'b-ljaye;4tat(.i was supried to
Tf'tao G real-Britain hv France :wai ati the hear ihis'TprocedurC prohounce.a a rpbbery,. and
' ailc;aud for the benefit f: Spain jr Spain' in I making'-of wati Wh'y-.ahould : our. aynigathtes be' fcegm to $a)lt.s talk, more
Joseph, by' pit)clanatioii, have declared their
willingness that tne colonies should- become inde
pendent, provided thef do not connect themselves
with Greaf-Bruain. If r ranee therefore shall,
which is probabfe, conquer the mother country,
we" are fully; authoiised by her pubhC declaration
to the world tp acquire, with the consent Of the
inhabitants, not only west but east Florida, Cuba,
orHanyrrbvtrjce-1
expedient to, connect iW'uh the United States.
This bill may be justified, independent of title,
by the law of s,elf preservation. Have we any as
surance thaf tle Spanish government will maintain
their iientralityrin-this ' territory if we should be
involved' In aVar.j with either France or Great
Britain ?- Can they, or will they, prevent ; the
march of an enemy 's fojc.es through lhat territo
ry into the United States f. No, sir We have
every jreason- to expect the contrary. Consider
ing how vulnerable we are from this territory,
its present' statei "and the aspect of our foreign af
fairs,' it appears to me that we - are authorised to
take; possession of it as a measure pjf national se
curity." It Jnay be objected that taking the hro
perty jofershy ' "force tends to relax the mo
rals of rthe people, by destroying that criterion
of right and wrong, the-observance of which is
necessary to the purity of purfepublic ; and ram
ready to admit that we ought proceed ..upon this
principle tf necessity and expediency with great
caution. ann never to. act upon it hjut; ;in extreme
and evident cases. -J Had-, we a colony on the
coast.of England " or France-.' similarly situated, we
know they"woUld not hesitate.' When we reflect
that'our propetty is seized by almost every nation
that the lavsnd uftageso nations are disregard'-.
ea by nearly U htm),pe.)that.thetr conduct has
been-lately markedjwitha degree -of perBdv and
rapacity unexampledln-the historyf the'civil
ited world j that they have i.U fact become States
of Barbaryy if ..appears to me that that We )Ught
not, as Regards them, to ibe over nice or squei
mish upon questions of this sort.'ShaU we .sit
neritlji(ts folded ufinl Ihe tneroy is T at
our gates If W waste o,ur .titrie in discussion
and refining abstract questions' pt right and Wrong
we;- shall lose .our independence and we , shall de
tertfclto lose 'ii J llW hoped this bilFwould have
passed wkhbut much .debate, j; I know , the people
are tiredy-JC jorlg peeches and documents -Tbis
fondness for jengthy discussions has iven drawn
upon Congress tie reproaches of the. ladies they"
question.thtn wouU y
De, wnemer me riesiceonn jssumg, tnis,proc-
lamation has not - transcended the hinitj of hia L
powers.' i . u u f,
, J&it, wjiat is the nature ancj Unport of ihspr,0CTl
lamatioti ? In my humble penception bptji legi
lation and war. Warpecause it directV the 'pe ly
o.ipaUon of this temtoVy-by a military'forV V:
The regular troops of the United' States ore or '
dered to march, and, If tbeyhoqld not beibund;,'
aucijuaic w tne oujcci, mc governors pi me MjC' i' , ;
leans and MiSslKippi vlerritofica , are irecteij tA, :
csll out the militia of their reipective tetritopipsf J
to co-operate witlrtbe' regular "forces.,; But W"- "
stajl be to!ldlSjr,'that the tWdeht jn issuing t
this proclamatibrj has' taken the c'autdritbjdire'ct -tliit
Uk Case ay, pahicuV-t fnrlrf sj luif. V ,
shouldp remain in possession of a Spanish force. ,
,the command jngf officer ispotlp proceed etji?
ploy, force against it; but to make immediate re :-
pert thereof to the Secretary ot State. Suppose a v ;
while your commanding officer is making his reV vM
port the Spanish lorce sallies tout and makes ar-"
attack uptn your-army, or , suppose a Spanish j
army, witn governor l oich at tnejr head, stpuld V,
marcn irom easi t lonua wun ine yipw oi repel.' .
ling the invasion of this 'territory ? W&tare p S
Governor Claiborne and hi? army to do J- Ground f
their arms and surrender, themselves prisoners of - "f i
take lo their heels ? These are the only alterna I
tives presented they musteither 6urrender'rui)" '
or fight. " And who .will doubt which of ihes4"'al-''.'2--yif
ternativesThe gallantry of an American armjr V'
wopld impel them""to thusje.' Sirt a confjict-.
would be inevitable,' , ' . V ' , "I ' "
"But while the President has beep so affecte'dJ
cautious. .with '.'respect to a Spanish force, hehaj,'
overlooked ' altogether the contingency f "es
tance on the part pf the revolutionistsr.'Thes)?
patriots it would seem had called jPconventiofj r
and issutd a declaration of independence, andriorl!
it appears' have formed and established a rejulafi
povernment which is organized ajid in operatipn i
If these proceedings are. not all sham, the Jlejv 'J !,
ritory in rjuestion is now ift pesstsion of a people '
claiming to'be sovereign and independent ' and j
it suppogable that this people can behave spLjJ as P
tardly as to submit without a struggle--tp the hi- '
cursion of , a hostile ariny ' whose avowed obje'ey ;
is the corvquesl.of the country -d the subyersicn ;
of its conVtitUtion tc independence? And here per ' :
mit me to remar'that the. style and tenor of tbq c
letter' from iSecreta;ypf State of'Jthe (sih'oi
Koy.', I S 1'Cr, to .oveynbr Holmes, in answer to th'(
letter bf the' jPresidentpf the convention praying ; )
the irognUipli - and -protection of, ftp lUonlte,
States? are nbtidniirably, calculated 'to ive 'a
weicomeffeception to the American arjmyk r-jtV "
then resistance should heofferect'qp t the' part of
the' corstitutioUalist, what is your army , to jdo,
The. orders epptain no provisq in Ihjs" partjcj!ar. '
requiring'that ' the fac: should be re'ported ip llie;"'
Department of State; but their cearjntent js, tia);
fotc.e should be employed. Under such cjii cum-1
stances is'k jiot to be - expected that this nopastri v
of the lxtf iitive . will result In war t jlj- jtnpt :
be. expected, that either the Spaniards pr the pn.:.i
yentionaljsts will attempt to repel iffa palpable InV;
'Crmglm;eiiiiapcm .iheit rights and territory );' u ..
: ; But, sir, this proclamatipn" iiJjDoonfy.a.r,"'
lutif is ad ac:t of legislation too. It aRp'e-ses .tb :
territory ih.question to the'. Orleans territory :,it,'
ereatesa gmfirnor ; it enacts laws, and -ppropri.'
ates money Jt' gives. Jo the Governor bJ ihe'Dr.-'-; ,
laah v Terfitbryl the. autliontis'Mid functipn's o
ver thi s particular territory v h ich he" posse spes, by ' ;
virtue -of-.toffice as governor, -and makes. an.
ajf-jropriationof a sunj' of money, npt exceedinsr
iwciuy inousana uoiiars , i nis proclamation is scb
stahti'atly the" bijl under discussion, extepl;' that' it v
goes! much further. !v ' 'r ' r' r
attion.; -'-vCi-'Sfi'f ? :ToJe continued in our ne?t) ' 1 V '
-.,'-' v ","-.'"',. .-;.:.-,,:. - . - ' ' . ' -i . i.
' - . . ' v - - - ' K .t-.. . - . . . . - -,
.... A
-.'-' 1
-x
r ,p