DEPARTMENT STATE, _Feb. 8, 1810_.
The Secretary of State, to whom the President has been pleased
to refer the resolution of the House of Representatives of the
22d of last month, has the honor to state that it appears from
the records in this department, that in the years 1801 and
1802, the Executive had endeavored to obtain, for the citizens
of the United States residing on the waters of Tombigbee and
Alabama rivers, the free navigation of the Mobile river to its
confluence with the ocean--first, by claiming this navigation
as a natural right, sanctioned by the general principles of the
law of nations applicable to rivers similarly situated; and,
secondly, by endeavoring to purchase the country held by Spain
on the Mobile.
These efforts were made before it was known that Spain had
ceded Louisiana to France, and consequently before the purchase
of that province by the United States. Since that purchase, the
country held by Spain on the Mobile has been claimed as being
included therein.
The Spanish Government, having objected to this claim in a
manner which justified a belief that the question would not
be soon decided, our Minister at Madrid was instructed again
to claim the free navigation of the Mobile under the general
principles of the law of nations, and to represent to His
Catholic Majesty the propriety and necessity of giving orders
to his officers not to interrupt the free communication with
our Territories through the waters of the Mobile.
In addition to what has been done through this department, it
appears that the Governor of the Orleans Territory, and other
officers of the United States, have endeavored to induce the
Spanish authorities on the Mobile to abstain from exacting
duties on the passage of our merchandise or produce up or
down that river. Notwithstanding, however, every thing which
has been done, it is understood that these authorities have
continued to exact (with some occasional relaxations) a duty of
twelve per cent. "on all articles of the growth or manufacture
of the United States, which are conveyed through said river to
and from the city of New Orleans."
All which is respectfully submitted.