| The boundary between Louisiana and Florida. |
The boundary between Louisiana and Florida had, to that time, been the River Perdido. After the cessions above mentioned to Great Britain, the British Government united the part of Louisiana received from France with Florida, and then divided Florida into two districts by the line of the River Appalachicola. That part lying to the west of this river was named West Florida, and the part east of it was called East Florida.
By a secret Treaty of the year 1762, which became known to the world some eighteen months later, but whose terms were not executed until 1769, France ceded Louisiana to Spain. After this, therefore, the North American continent was divided between Great Britain and Spain, and the line of division was, so far as it was fixed, the Mississippi River to the confluence of the Iberville with it, then the Iberville and the middle line of the Lakes Maurepas and Pontchartrain to the Gulf of Mexico.
The Treaty of 1762 between France and Spain, having been concluded before the Treaty of 1763 between France and Great Britain, gave Spain a certain show of title to the territory between the Mississippi and the Perdido; but the Treaty of 1763, in which France ceded this same territory to Great Britain, was, as we have just seen, known first, and was the Treaty which France executed in respect to this territory. The conflict of claims between Great Britain and Spain, which was thus engendered, continued to be waged for twenty years, and was settled in the year 1783, in so far as these two powers were concerned, by the recession of Florida to Spain.
In this same year, Great Britain recognized the independence of the United States, with a southern boundary extending from the point where the Mississippi River is intersected by the thirty-first parallel of latitude, along this parallel to the River Appalachicola, thence down the Appalachicola to its confluence with Flint River, thence on the line of shortest distance to the source of the River St. Mary, and thence by the course of this stream to the Atlantic. Spain thus held, as the result of these several treaties, all of the territory south of this line, unless England reserved in her recession of Florida that portion of Louisiana lying between the Iberville and the Perdido, ceded by France to Great Britain in the Treaty of 1763, and united by Great Britain with Florida. There is no evidence in the text of the Treaty of 1783 that Great Britain made any such reservation, or in the subsequent actions of the British Government.
By the Treaty of St. Ildefonso, of October 1st, 1800, also a secret treaty, Spain receded Louisiana to France. The description of the territory thus receded was very vague. It reads in the official translation of the treaty, "His Catholic Majesty promises and engages, on his part, to cede to the French Republic, six months after the full and entire execution of the conditions and stipulations herein relative to his Royal Highness the Duke of Parma, the Colony or Province of Louisiana, with the same extent that it now has in the hands of Spain, and that it had when France possessed it; and such as it should be after the treaties subsequently entered into between Spain and other states."
There was here certainly opportunity for a dispute between Spain and France as to the correct boundary between Louisiana and Florida. France could claim with some reason the Perdido as the eastern boundary of Louisiana, and Spain could meet this with a counterclaim that, after the cession in 1763 of all Louisiana east of the Iberville and the Lakes to Great Britain, and its union by Great Britain with Florida, the line of the Iberville and the Lakes Maurepas and Pontchartrain was the eastern boundary of Louisiana.
Before, however, any actual contest arose over the question, France sold Louisiana to the United States, with the same vague description of boundary contained in the cession of the territory from Spain to France by the Treaty of St. Ildefonso. The question of boundary became now one which must be settled between Spain and the United States.
The United States claimed at once that Louisiana reached to the Perdido. Spain disputed the claim, and held that Florida extended to the Iberville and the Lakes. Spain could make out the better abstract of title. Spain certainly did not intend to recede to France in 1800 anything more as Louisiana than France had ceded to her in 1762. But the United States had a show of legal title. It could be held that the ancient boundary of Louisiana was the one intended both in the Treaty of St. Ildefonso and in that of 1803, in which France passed the possession of Louisiana to the United States. The reasons of physical geography and of national development certainly favored the annexation of the whole of Florida to the United States; and with such forces to back the apparent legal claim to a large part of it, the result of the dispute could not well have been otherwise than it was.