Mr. Bibb conceived that the House could not adopt such an amendment as that proposed, without the consent of Georgia; for without her consent they could not make an addition to or division of the Mississippi Territory. It was true, he said, that he had on a former day proposed to make an addition of territory to the Mississippi Territory, but it was only during such time as it should remain a Territory. To this there could be no objection, as there was no prohibition to it in the compact. It had been his intention, if the House had thought proper to sanction his motion, to have made a proposition to the State of Georgia to admit that territory to be incorporated with the Mississippi. The amendment now offered evidently proposed a violation of the compact with Georgia.
Mr. Macon said this bill had taken rather a curious course. The principle and detail had both been attacked; and yet no proposal had been made to try whether the House would legislate on the subject. He had proposed an amendment to do away some of the objections to the detail; but instead of being allowed to amend the bill, the House were met by a constitutional objection, from the gentleman from Massachusetts (Mr. Wheaton) to the power of Congress to make a State. If this objection was good, Mr. M. said, he admitted the bill ought not to pass; for, Mr. M. said, on this point he could not agree with the gentleman from Tennessee, that because a treaty had been made in relation to it, it was too late to object to the constitutionality. Mr. M. said no; it was never too late to return to the constitution. If the article of the constitution, however, did not mean that Congress might take States out of new Territories, what did it mean? There was no occasion for it in relation to the old Territories; for the ordinance of the Old Congress had secured to them the right; and these ordinances were as binding as the treaties which Congress had entered into. The change of the form of Government did not affect national obligations. The right to become States was one which Congress could not take from the old Territories. The right of creating States out of acquired Territories, was one which he had always contended for; and it had been stated by at least one of those who formed the constitution, that this article had reference to Canada. "New States may be admitted by the Congress into the Union." At the time this provision was made, Florida and Louisiana were not thought of. Canada was the Territory kept in view. Much, sir, said Mr. M., as the United States wanted the southern country, and great as is the convenience of possessing it, I never would have consented to have taken it to have kept them in Territorial government forever. I do not want provinces. I am extremely sorry, sir, that whenever this subject is agitated, we are met by the objection that these people are of French descent. I have before expressed my opinion on this subject, and it is needless to repeat it; but if gentlemen wish them to become our brethren in reality, make them our equals; act just towards them. Do unto them as you would they should do unto you, and make them your friends. I know an opinion is entertained that only those who are of the favored race can be free. I know, sir, that the English nation has been freer than any other; but the time has been that Holland, Sweden, and others, have been free—power, however, overcame right, and the people lost their liberties.
I cannot consider it any question for our consideration, who shall be their Senators and who their Representatives. They have had some time a delegate, and will find delegates in the Senate as well as the House of Representatives. It seems to me, sir, that the gentleman from Tennessee need not to have referred to the dispute between the Potomac and the Delaware, because the constitution has put an end to these sources of strife. It is true, sir, that the Orleans Territory is a slave country, and I would be glad if they could get clear of them; but that does not at all affect this question.
The present situation of Mobile and Orleans is the reason why I want some alteration in the bill. I would rather not have them under the same Government. I have endeavored to ascertain the present population of the Orleans Territory, so called. There is a difference of opinion among those well informed on the subject, from 45,000 to 55,000. He wished gentlemen would permit them to try the question on the principle of the bill, and ascertain whether the House would do any thing with it or not.
Mr. Poindexter observed that the proposition of the gentleman from Tennessee for incorporating the present Mississippi Territory with West Florida and the Island of Orleans, to the sea, with a view to form of the whole one State, did not meet his approbation. From the Tennessee line, which would be the northern boundary of the State, to the confluence of the Mississippi with the bay of Mexico, is a distance of from eight hundred to a thousand miles, in the nearest direction, and following the meanders of the river, not less in my opinion than twelve hundred miles. Taking the distance generally from the Mississippi to the Georgia line, I should judge it to be about five hundred miles, and from the northernmost point of the State of Georgia to the junction of the Chatahoochee with the sea, cannot be far short of a thousand miles. This vast tract of country, in my humble conception, is too extensive for the purpose of local State government. Indeed, sir, it could hardly be expected, over such an immense territory, interspersed with numerous tribes of Indians, that even the Executive functionaries of Government could be able to perform their duty in the execution of their laws.
That geographical limits, other than those which now divide the Orleans and Mississippi Territories, might be designated, to comport more with the future convenience and prosperity of the country, cannot be denied. I would suggest for the reflection of gentlemen who have to act on this subject, the expediency of making the great river Mississippi the high road between the Eastern and Western States, to be formed on its waters; that no one State should possess both banks of that river. In that event, to commence on the eastern shore at the mouth of the Yazoo, in latitude 32 30; thence in a direct line to the head-waters of the Chatahoochee, thence to the sea, and along the coast, in a southwestern direction, to Lake Barrataria, thence up the Chafalaga to its junction with the Mississippi, and thence up that river to the mouth of the Yazoo. This tract of country would include about three degrees of latitude; it would combine all the settlements on the Eastern side of the Mississippi, except the county of Madison, which could be disposed of as the wisdom of Congress might hereafter direct. There are various political considerations which operate in favor of the formation of such a State. The people of the Territory of Orleans are petitioning to become an independent State, and I for one hope the prayer of their petition will in substance be granted. It is said that the French population of the city of New Orleans are unfriendly to the American Government. That they have strong prejudices in favor of France. Although, sir, I do not attach so much importance to that circumstance as some gentlemen do, I am willing to admit that French emigrants in Louisiana feel an attachment to their native country. I do not blush to say that were I in France, or any other foreign country, I could never forget that I was born an American citizen. I could never relinquish my attachments to the land of freedom, in which I inhaled my first breath. Judging therefore, of the feelings of others, by my own, I cannot doubt that many influential French inhabitants of New Orleans entertain a predilection for the country which gave them birth. But, sir, within the limits which I have submitted to the consideration of the committee, there is an American population at least sufficient to neutralize every exotic prejudice which may exist in New Orleans. A people whose origin, whose feelings and principles are American, and who are prepared to rally around the standard of the constitution, in every scene of difficulty and of danger.
Mr. Miller's amendment was not agreed to.
Monday, January 14.
Orleans Territory.
The House resumed the consideration of the engrossed bill to enable the people of the Territory of Orleans to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes.