Mr. C. said he fully approved the boundary established for the new State of Mississippi by the section just agreed to, so far as it operated on the Florida Territory. It gave to the State of Louisiana about three-fourths, perhaps four-fifths, of the population of the whole territory—a population homogeneous to the character of the country—American in principle and feeling; and with pleasure he had seen the convention of the Orleans Territory, in requesting this annexation, display a liberality of sentiment in desiring a further American population, which he trusted would be reciprocated by Congress. Although the State of Louisiana could not be gratified by the annexation of the whole territory, their desires would be gratified to a considerable extent by giving them all that portion of it lying west of Pearl River. The acquisition of the valuable settlements on the high lands, and their hardy population, would satisfy all the material wishes of the State. By this addition they would give to the new State of Louisiana the entire control of the Lakes Maurepas and Pontchartrain, by which the city of New Orleans may be most easily approached; you thus enable the State to take all necessary means to repel invasion. You effect another object, said Mr. C. There is not any very great natural connection between the people immediately on the bay of Mobile and Tombigbee River, and those on the Mississippi. If there be any connection, it is an artificial one, resulting from the preponderancy of capital at New Orleans, and will be lessened whenever there shall be a commercial capital at Mobile. I am therefore anxious to unite the territory east of Pearl River, including the bay of Mobile, to the Mississippi Territory, to which it is naturally connected; and, Mr. C. said, he had no hesitation in declaring that either Pearl River or the Pascagoula ought to be the boundary which is to separate the two parts of the country respectively to be attached to the States of Louisiana and Mississippi—the Pearl River, upon the whole, would be the best, as dividing the territory in about equal portions. Mr. C. concluded by expressing his satisfaction that this subject had been taken up, and that the amendment proposed by the delegate from Mississippi had obtained, which he hoped would finally pass, &c.
Mr. Rhea said that the amendment proposed by the honorable Speaker to him appeared strange. I, said Mr. R., do firmly believe that the title of the United States to the country west of the Perdido River, named West Florida, is good and valid to all intents and purposes; and, therefore, I will not vote for a proposition which will evince a doubt relative to the sufficiency of that title. But it is said that the proclamation of the President has declared the same principle that the amendment proposes. That may be, but that is no law; that proclamation is not law, nor is the Legislature of the United States bound by it, unless they intend to adopt a principle similar to that used in Great Britain, where the King and Council can issue an edict having the force of law. This principle ought not to be established under the constitution of this nation. But the domineering interference of the British Government relative to West Florida, if there was no other reason, ought to be cause sufficient to reject this offered amendment; that interference of a Government which has no possible right or title to the country in question, will be, in a manner, sanctioned by the offered amendment. On these three points, then, the amendment ought to be rejected: first, that it goes to shake the solidity of the title; second, that it goes to sanction an opinion, that a preceding proclamation of the President of the United States is obligatory on the Congress of the United States; and, third, that the amendment, if agreed to, will go to authorize an opinion that the domineering interference of Great Britain, in respect to the country in question, was right and proper. Against these points I will, said Mr. R., hold up my hand—and therefore will vote against the offered amendment.
Mr. Mitchill observed, that our minister who negotiated the purchase of Louisiana had been repeatedly told by Talleyrand, in the course of the negotiation, that the French intended to cede the country of West Florida; so that it had been not only purchased, but understood to have been purchased. His certainty of the completeness of our title was such, that he was unwilling to do any act which should recognize the existence of a doubt on the subject, and he was therefore opposed to the proviso. At the same time he had no objection to the amendment just agreed to; he was willing that the people on the Tombigbee and Alabama Rivers should have free access to the ocean, and thus do away all artificial distinctions which had been made by a foreign power whilst the territory had been in its possession.
Mr. Macon was well satisfied with the amendment proposed; for he could not have consented to vote for this bill without the proviso, or something like it. Hitherto this Government had done every thing it could to preserve peace. The embargo and all the restrictive measures had in view to preserve peace; and peace would always be best maintained by a due regard to public faith. If a territory be incorporated into a State, it was the opinion of Mr. M. that neither the President nor Senate have a right to give it up. It had never been understood by any party, under our constitution, that under the treaty-making power the President would cede one inch of a State. Convenient although the territory is to us, and though we have possession, and it is said no pledge has been given in relation to it, yet it appeared to him that the proclamation held out the idea that we held it until an opportunity was afforded for negotiating on equitable terms. Mr. M. said he was willing to acknowledge that he had not examined the title in the same manner as the Speaker and the gentleman from New York had done, so as to enable him to pronounce on it with certainty; but the title did not come into the question on the present point. Had we, when all the rest of Louisiana was surrendered to us, obtained possession of Florida? No, we had not. It appeared to have been at least a doubtful question whether we obtained a title to it or not. What had been stated by the gentleman from New York, of Talleyrand's declaration to our Plenipotentiaries, had not much weight, because a claim was now set up to it not by France but by the Spanish Government. The proviso under consideration, whilst it could not in any degree invalidate our claim, did away the objections in his mind to the proposed annexation of territory. If the territory was once annexed to the State, without reservation or condition, they might as well hereafter attempt to cede away Boston or Old Plymouth, as that Territory.
Mr. Wright spoke against the amendment at considerable length.
Mr. Clay replied; and Mr. Rhea rejoined:
When the question was taken on the proviso, which was adopted without a division.
The bill having been reported to the House, and the House having agreed to take up the same, an adjournment took place.
Friday, March 13.
Mississippi Territory.