The Message and documents having been read, Mr. RHEA made a motion to
print them.
Mr. PITKIN said that he had no objection to the papers being printed,
but that he rose to protest against the sentiments attributed in these
papers to the Federal party, being considered as those of the citizens
of the State which he had the honor to represent. He trusted it would
not be believed that they had any knowledge of any mission of this kind
from Canada, or from any other quarter.
It was the first time that he had heard that the opposition to the
embargo in the States of Vermont or Massachusetts had any connection
with the British Government, or with any project of a separation of
the Union in any manner, much less under the agency of a British spy.
So far as he could understand the papers from the first reading, Mr.
P. said they did not intimate that any disclosure had been made to
any individual of the United States by Mr. Henry of the object of his
mission, or that his scheme had been advocated or supported by any one.
And I trust no gentleman will take the character of the parties in any
section of this country, from a man who it seems has proved a traitor
to his own Government. So far as the statements made in these papers
may be considered as involving the party in concert with the Federal
party, in any scheme of co-operation with the British Government in
dividing the Union, it is one of the grossest libels that ever was
uttered. Nor do I feel willing to take the character of the people of
this country from the mouth of this man. He does not stop at debasing
the character of the people of this country, but he utters a libel
against all parties and against the Government itself. He states that
in the extra session of Congress in May, 1809, there were sixty-one
votes against Mr. Madison, in consequence of his arrangement with Mr.
Erskine; when we all know that the vote on the resolution approving of
the President's conduct in that affair was no criterion by which to
judge. While, therefore, gentlemen will not, as I presume they will
not, place any confidence in the statements made by this man against
themselves, and against those whom he styles Democrats, I trust they
will be equally incredulous as to any statements he has made against
those he has called Federalists, with respect to their co-operation
with the British Government in dividing the Union. More especially as
they come from one who, disappointed at not receiving the promised
reward from his Government, has turned traitor to his employers.
Mr. BIBB said he agreed with the gentleman who just sat down on one
point, that a full investigation ought to be had. It was due to the
Congress, to our connections with Great Britain, that an inquiry should
be made into the transaction now exposed to view; and, in addition to
the motion for printing, he should move a reference of the Message to
the Committee of Foreign Relations.
Mr. GHOLSON said it was a source of gratification to him, that, so
far as the papers communicated by the President could be considered
evidence at all, they were certainly highly honorable testimony in
favor of the Eastern section of the Union. An emissary of great talents
had been employed by the British in a nefarious scheme to dismember
the United States, and to engender treason in the very bosom of our
country: and yet, Mr. G. said, it does not seem that this spy has
been able to connect with himself any citizen of the United States.
If he had held correspondence with any persons of distinction, the
presumption is their names would have been disclosed in the papers that
have been read. Mr. G. was happy in cherishing the belief that the
liberties of this country would always find a sufficient guarantee
against machinations of this sort, in the patriotism of every portion
of the Union. This communication, for which the House was indebted to
the President, was highly interesting and important in one point of
view. It demonstrated, as matter of fact, what had heretofore remained
only speculation and conjecture, that the British Government has long
meditated the separation of these States; and what is more, that they
have actually attempted the execution of this wicked design, and have
endeavored to convert our own citizens into traitors! He would say no
more.
Mr. QUINCY said he was much obliged to the gentleman last up for the
view which he had taken of the subject. It had struck him previously
with much force, and he meant to have taken the floor to have expressed
it. If ever there had existed in the British Government, or any other
Government, an idea that there was a party in this country who would
associate with it to dissolve this Union, he thanked God that the
project was exposed. If it was true, as these papers stated, that this
man had been so employed, he thanked God that the mission had been
detected. The Administration, in bringing the subject before the House,
had done worthily, and the subject ought to be inquired into. What is
the fact, admitting all that this person has said to be true? Why, that
an agent from the British Government, under circumstances peculiarly
auspicious and suitable to his purpose, goes to the spot which he
represents as the hot-bed of opposition, to stir up disunion, and his
papers do not contain an intimation that he dared to mention such an
idea as that of a dissolution of the Union to any individual. No,
sir; and I dare to say that he never did mention such a thing to any
distinguished individual. As far as I know the sentiments of gentlemen
in that quarter, they hold this Union dear, and look upon such a
connection as is supposed in these papers with as much abhorrence
as any man, however attached he may be to the administration of the
Government. Whenever a dismemberment of the Union has been talked of,
it has been with awe, and with a fear that the present course of public
measures would lead to such an event, and not with a view to bring it
about. Sir, I know that other ideas have been spread over the country
for the purpose of serving party views. But here, in this temple of our
liberties, let us reason with one another according to the evidence
before us. I rejoice that the subject has been brought forward, and
that an agent so peculiarly adapted to the business in which he was
employed has not. been able to furnish any evidence of even the
connivance of any individual at his mission.
Mr. WRIGHT said that such an extraordinary communication as that just
received from the President, reflecting so much on various sections
and parties of the Union, required serious consideration before they
consented to publish such gross abuse of every portion of our people.
Gentlemen should reflect that this very disclosure might be one of
the means used by this miscreant to divide this country. If he wished
to promote division, how could he better attain his object than by
denouncing the people of a particular section? Who is this man, and
where is he? is an inquiry that ought to be made. I am not one of those
who would, without inquiry, take the words of a spy, traitor, and
villain, as truth. It might be well to print a sufficient number for
the House, but no more until they knew more about it. However gentlemen
in the Eastern States might have been dissatisfied at particular
measures, the embargo law for instance, their opposition to them had
arisen from their operation on their particular interests, and not
that they had any disposition to sever themselves from the Union.
This business had been very correctly communicated by the Executive
to Congress; but they ought to act on it with temper, prudence, and
coolness. Mr. W. protested against considering any such disposition as
it attributed to a certain party to exist, particularly in the spot
which has been frequently and emphatically styled the cradle of the
Revolution. He could not feel the same disposition which some appeared
to do, to give consequence to this affair.
Mr. TROUP did not consider these papers as involving the character of
any portion of our people. They appeared to him to be calculated merely
to put the people on their guard against foreign emissaries or agents
employed for the purpose of effecting a dismemberment of this Union. As
to the opinions this person expresses of parties, &c., they are merely
the individual speculations of this man, and cannot have much weight.
But the documents have a most important bearing. They establish the
fact that a foreign Government, on the eve of hostility with us, has
for some time past employed an agent to foment divisions among us; and
another fact, which, considered in connection with other circumstances,
is of great importance. They show the deep-rooted hostility of this
foreign power to our Republican Government and liberties--a hostility
which could stop at nothing short of a dismemberment of the country.
After the affair of the Wabash, when it was said that the Indians
had been instigated by the same enemy to hostilities against us, the
British Minister's choler rose; he denied the whole. He avails himself
of suggestions in public prints to deny their statements; to state
that so far from a disposition to stir up the Indians against us, the
contrary was the fact; that, indeed, Sir James Craig has been intent
on diverting Indian hostilities. Sir, may we not reasonably believe
him to have fomented Indian hostilities in one part of the country,
while in another he was promoting disunion in the body of the people?
These, sir, are the only facts disclosed of importance; the only facts
which would justify the publication of more than the ordinary number of
copies.
Mr. FISK said that the remarks which had been made by gentlemen,
induced him to ask the indulgence of the House, to give some
information and make a few observations relative to the subject now
under consideration. This Mr. Henry was an Englishman, but had long
resided in this country; so long that he had obtained a captaincy
in the army raised in the year 1798; he was a man of gentlemanly
deportment, and reputed good moral character; that he (Mr. FISK) and
his colleague (Mr. STRONG) well remembered when he passed through
Burlington, in the Spring of the year 1808, and that his object was
at that time much suspected to have been what he now states; but as
a politician, he was thought by the Republicans to have been a firm
believer in the British maxim, "that the end sanctifies the means;"
and the Federal party enjoyed the full benefits of his principles and
labors while he lived in Vermont. Sir, gentlemen say that he is a
traitor, a spy, and, therefore, what he here relates is not entitled
to credit. However dishonorable a transaction like this may be deemed
by our Government, whose motives and conduct are directed and squared
by the principles of morality and justice, yet, I believe, it is not
thought so very disgraceful in the British Government, as to be beneath
her first characters to undertake. Sir, was the mission to Copenhagen
to destroy that city, murder the innocent inhabitants, and to rob the
Danes of their fleet, a more honorable one than this? Certainly not.
And yet, sir, the famous Mr. Jackson, who went on that mission was
considered worthy of being a Minister to this country, where he was
caressed and highly esteemed by some; and performed both missions much
to the satisfaction of his master. Why, sir, can gentlemen seriously
doubt the truth of the facts stated by this Mr. Henry, when they have
it from the highest authority, that the former British Minister, Mr.
Erskine, while here, at this very time, was in the same business this
Henry was sent to perform? In a letter written by that Minister to this
Government, and published by its order, he tells them:
"I have endeavored, by the most strict and diligent inquiries
into the views and strength of the Federal party, to ascertain
to what extent they would be willing and able to resist the
measures of the party in power, and how far they could carry
the opinions of this country along with them in their attempts
to remove the embargo, without recurring to hostilities against
both Great Britain and France."
And again, he tells them in his letter of the 15th February, 1809, when
speaking of the divisions which then agitated this country, and the
opposition made to the laws by the people of the Eastern States:
"The ultimate consequences of such differences and jealousies,
arising between the Eastern and Southern States, would
inevitably tend to a dissolution of the Union, which has been
for some time talked of, and has of late, as I have heard, been
seriously contemplated by many of the leading people in the
eastern division."
Now, sir, when the British Minister was on this business, by order
of his Government, is it extraordinary or incredible that this Henry
should be sent on the same errand by Governor Craig? The occurrences
of those times place the fact out of doubt. I perfectly recollect
that on my return home from this place in March, 1809, I was informed
of this Henry having passed through the country; and it was then
conjectured that he was on the very business which he now states. But,
say gentlemen, he libels and calumniates the Government! Why, sir, he
does not more so than has often been done on this floor by a gentleman
not now present, or than has been done for years by one description of
presses and newspapers in this country.
The division of the Union is not a new subject. As early as the
time the Jay Treaty agitated this country, I saw two numbers in the
"Centinel," printed at Boston, holding out the idea of a separation of
the States. I am very far from believing it was ever the wish of the
great body of the Federal party, or that they will knowingly join the
enemies of this country to effect such a purpose, but that there are
some who call themselves Federalists, and who in principle and feeling
are Englishmen, that would do it, I have no doubt.
Mr. SMILIE said the character of this man was nothing to us, though
it might be to him, and he therefore should not follow the example of
gentlemen who had made so free with it. There was one point in which
he considered the publication of these documents, which was of real
importance; that they exhibited to the American people what sort of
a nation we had to deal with. It appeared to him that Great Britain
considered no means dishonorable provided they would accomplish the
attainment of her object. With respect to Mr. Wright's idea, that the
publication of the papers would throw an odium on the leading parties
in this country, said Mr. S., none of those papers said any thing
more disrespectful to the parties in this country than those parties
had frequently said of each other in the public prints. He never had
believed that the mass of the Federal party wished a separation of the
Union; but that there were men in it attached to the British interests,
he knew to be true. There was at least enough in these papers to put
every man on his guard with respect to the insidious, dishonorable
conduct of that Government, and he would therefore vote for printing
5,000 copies.
Mr. MACON said this was one of those debates which sometimes arose
in the House, in which all were on one side of the question. Nothing
can be more true than that these papers do prove that Great Britain
has not yet ceased her attempts to disturb the peace of this nation.
That they were genuine he believed, although they came from a man whom
that Government had employed. There was nothing new in the manner of
communicating them. How was it in the conspiracy of Blount and Liston?
Mr. Adams communicated the disclosure to Congress. I imagine that
Burr's conspiracy was communicated by some one who was or had been
engaged in it. In this case, a man who had been in the service of this
Government, preferring the British, was, while in Canada, engaged by
Governor Craig to go into a part of this country to endeavor to procure
a division of the Union. Mr. M. said he had, four years ago, stated
that both Great Britain and France had agents in this country. Had they
not had them in other countries? They had; and he cited Holland as a
particular instance.
The only question that presents itself is, Is the information useful
to us? Does it not confirm every man in the belief that while she is
making professions of friendship through her Minister here, Great
Britain is, in another direction plotting our destruction by her secret
agents? It would be happy for us if we had not also French agents
here. I never did believe the Federal party had any notion of joining
Great Britain; but this nation, favored as it is, has yet not been
clear of discord; and to say that there is not a man in the Federal or
Republican parties who would wish a union with Great Britain or France,
would be to say what I do not believe.
As to this man, he is just such a one as the British usually employ for
these purposes; he is one of their own agents. Can England complain
of our giving credit to a man with whom her first Secretary of State
and the Governor General of Canada correspond? I care nothing about
the cause which brings him here, it is an affair between him and them.
The question is, Has he told the truth? I verily believe he has. I
understood enough of the papers, as read, to know that he was the agent
of the British Government sent here to sow disunion, and that was
enough for me. So long as we are governed by interest, mutual wants, or
common sense, so long shall we continue united. We are placed in such a
situation that we ought to love each other, and we always should, did
not our mad passions sometimes run away with us. One part of the nation
delights in using the sea; another in agriculture; we supply each
other's wants; we ought never to dream of separation. And, sir, when
these messengers of hell are sent here shall we not look at them? Let
us have the papers printed, sir.
Mr. KEY made some remarks which were not all distinctly heard by the
reporter. He wished that the publication could have been accompanied
with some refutation of its contents, as it would go to alarm the
people with an idea of the existence of a spirit in one section of
this country which he was sure did not exist. He was not only for
committing the subject, but for following it up with a full and prompt
examination. Sure I am, said Mr. K., that the people of Europe have
mistaken the American character. Whatever difference of opinion
may exist among ourselves, there can be none as to the propriety of
supporting the integrity of the Union. There can be no doubt that the
people of this country, of all descriptions, will rally around the
constitution. France had heretofore supposed she possessed a party
in this country, but there was not a man of sense in the country who
believed it. Foreign nations would err in this way, having no correct
knowledge of the sentiments of the people. If we were soon to be
involved in war, it was proper that no distrust should exist in one
part of the community against another; and he therefore regretted
that a complete investigation could not be had before the papers were
published.
Mr. MILNOR said his purpose in rising now was to express the anxious
desire he felt that on this question there might not be the least
division of sentiment manifested in the House. He should be extremely
sorry at any time; above all, at a period of our national progress when
it was thought that a change of circumstances of the most important
kind was about to take place; that at this time an opinion should be
imbibed that any portion of the people of this country were favorable
to England. The candor of the gentleman from Maryland (Mr. WRIGHT)
redounded to his honor. He was extremely glad to find gentlemen
acknowledge, with respect to the party in which he stood enrolled,
whatever might be our internal differences, &c., that they could
not be suspected of hostility to the Union; there could be no idea
entertained by sensible men of either party that there was among us any
considerable portion of men who are inimically disposed to the union of
the States.
That these papers proved a dishonorable attempt on the part of the
British Government Mr. M. said he had no doubt. Although a strong
sensation would probably be produced by the discovery of this
circumstance, and it might be perverted much to the injury of the
feelings of particular individuals, he hoped the good sense of the
community would induce them, while they properly appreciated this
attempt of a foreign Government, not to be led into rash or injudicious
measures. He really wished the affair might be probed to the bottom;
and that the British Minister having in one case come forward with a
disavowal for his Government, would say in some shape or other what was
the real state of the case now before the House.
The motion for printing was unanimously agreed to.
Mr. BIBB moved to amend his motion for reference to the Committee
of Foreign Relations, so as to give the committee power to send for
persons and papers.
Mr. TROUP said that on occasions of this kind great care should be
taken lest the House be hurried by a momentary excitement into an act
of precipitancy. He had confidence in the discretion of the Committee
of Foreign Relations, but the vesting such a power in the committee
might be considered as an instruction by the House to proceed under any
circumstances to bring Mr. Henry before them. He had no doubt in his
own mind that the communication had been voluntary on the part of Mr.
Henry, but he entertained as little that there may have been certain
stipulations and conditions which the Executive would feel itself under
the strongest obligations of good faith to comply with, and which would
exempt the individual making the disclosure from any responsibility of
any kind. Whatever may be thought of the motives of Mr. Henry in making
the disclosure, or whatever the epithets applied to him in debate,
certain it was, Mr. Henry had done service to the country, and ought
to be protected by it. If the committee should, on examination, think
proper to proceed to summon persons, or call for papers, the House
would not hesitate to vest them with the necessary powers.
Mr. GRUNDY stated what was his impression as to the course he should
incline to pursue as a member of the Committee of Foreign Relations,
if these papers should be referred as proposed, to that committee.
If any engagements, express or implied, had taken place between the
Administration and Mr. Henry, that he should be free from detention,
&c., he should not, as one of the committee, consent to violate that
engagement.
The question on reference was carried unanimously.
The question to clothe the committee with compulsory power was
carried--104 to 10.
THURSDAY, March 12.
_Mississippi Territory._
The unfinished business of yesterday, the bill for enabling the
people of the Mississippi Territory to form a constitution and State
Government, being taken up--
Mr. POINDEXTER said, that on the general principles of the bill under
consideration, he presumed there will be but little difference of
opinion. The population of the Territory proposed to be erected into
an independent State is unquestionably sufficient to authorize the
measure agreeably to the present ratio of representation; and from
the vast influx of emigration to that section of the Union since
the last census, I am fully satisfied that it might be demanded as
a matter of right under the compact with the State of Georgia. But,
sir, the wise and magnanimous policy of the General Government has
uniformly conferred on the respective Territories the rights of State
sovereignty so soon as their numbers would fairly entitle them to one
member in the House of Representatives of the United States. Ohio was
admitted with a population of thirty-seven thousand souls. In the next
Congress, that State will be entitled to six Representatives, besides a
very large fraction which was thrown on her by the apportionment made
during the present session. All the other new States received into
the Confederacy since the adoption of the constitution, have grown
into importance, and now constitute some of the firmest pillars in the
Temple of Liberty. Permit me, Mr. Chairman, to express a hope, that
while gentlemen delight to bask in the sunshine of freedom at home,
they will on every occasion manifest their liberality and philanthropy,
by extending its cheering rays to the remotest regions of our beloved
country. Emancipate us from the trammels of colonial vassalage;
place us on the high eminence of a free, sovereign, and independent
commonwealth; and we shall at all times be ready, with our lives and
fortunes, to assert the rights and vindicate the honor of our common
country.
With respect to the limits recommended by the committee, including all
that tract of country of which possession was taken by virtue of the
Proclamation of the President of the United States, bearing date the
27th of October, 1810, there appears to exist a diversity of opinion.
Some gentlemen think it improper to legislate definitely over that
country, until the pledge given in the proclamation that it will in
our hands be held subject to future negotiation, is redeemed in a
manner satisfactory to the Executive who made it; and others wish to
divide the country between the State of Louisiana and the State to
be formed of the Mississippi Territory. To rescue this subject from
the first objection, at a very early period of the session, I moved
a resolution calling on the President for information on two points:
1. Whether there was any pending negotiation respecting our title.
2. Whether it was the wish of the Executive that the Legislative
authority of Congress over the country should be suspended with a view
to future negotiation and adjustment in relation to the claim of the
United States. To this request the President has returned no answer.
But without the aid of those lights which it is in the power of the
Executive to shed upon the question, we all know that the downfall of
the late Spanish Monarch, and the distracted state of revolution in
which Spain is involved, renders it impracticable to recognize any
legitimate authority with whom a negotiation could be conducted. It is
true, several letters have passed between Mr. Secretary Monroe and Mr.
Foster, the British Minister, during the recess of Congress, relative
to our possession of West Florida, and the manner of taking it. On this
correspondence it is not my intention at present to comment. It is a
new proof of the disposition which Great Britain has always shown to
intermeddle in the affairs of other nations, and the language of Mr.
Foster is in the highest degree arrogant and insulting. Mr. Monroe, in
his letter of the 8th of July, after repelling the insinuations made
by the British Government as to the motives by which the President was
actuated in taking possession of the country, declares "that by this
event the United States have acquired no new title to West Florida.
They wanted none." From this declaration it is evident that no doubt
is entertained by the Executive as to the validity of our title,
and therefore it is unnecessary to suspend for a longer period the
admission of that country into the Union.
Mr. POINDEXTER then offered the following amendment:
"_And be it further enacted_, That the said State shall consist
of all that tract of country contained within the following
boundaries, to wit: beginning on the river Mississippi, at
the point where the southern boundary line of the State of
Tennessee unites with the same; thence along said line to its
junction with the western boundary of the State of Georgia;
thence along the said boundary to the thirty-first degree
of latitude, and along said degree of latitude to a point
opposite the river Perdido; thence to the junction of said
river with the Gulf of Mexico, including all islands within six
leagues of the shore to the junction of Pearl River with the
Lake Pontchartrain; and up said river to the 31st degree of
latitude; thence to the river Mississippi, and up the same to
the beginning."
The question on this amendment was taken without debate, and carried.
Mr. CLAY moved to add the following proviso, to follow after the
section just adopted; which would have the effect to keep that portion
of country taken possession of under the President's proclamation,
subject to future negotiation:
"_Provided_, That nothing herein contained shall be so
construed as to prevent that portion of the Territory
comprehended within the said boundary, formerly composing a
part of the country known by the name of West Florida, being
subject to future negotiation on the part of the United States."
Mr. CLAY (Speaker) said that in offering this amendment to the
committee, he confessed he was actuated rather by a disposition to
accommodate the views of other gentlemen, than from any difficulty
which he felt on the subject himself; for, with respect to our title
to West Florida, he thought it utterly impossible that any gentleman
could examine that question without suffering other considerations
to mingle in the investigation, and not be thoroughly convinced that
the title was in the United States: and he confessed that were he to
consult his own views only, he should not hesitate a moment in making
an unqualified annexation of that territory to the States to be formed
of the Orleans and Mississippi Territories. But as some gentlemen,
adverting to the President's Proclamation for taking possession of
that country, had supposed that some difficulty might arise under
it from such a procedure, in order to quiet these apprehensions, he
had submitted this proviso. The right of the General Government to
destroy the integrity of a State having been questioned, it would be
well to guard against any difficulty on that score by a reservation
to the General Government of the power to negotiate on the subject
of this territory. At the same time he made this proposition, Mr.
C. utterly disclaimed the idea that in any possible state of things
ought this country to be ceded away. He considered the possession
of West Florida as indispensable to the interests and prosperity of
the Western States, and so far to the integrity of the Union; and he
should as soon see a part of the State which he represented ceded away
as this territory. What, he asked, was the extent of the country in
question? In breadth, about twenty miles; in length, about two hundred,
binding to that extent our southern frontier. The danger of having
provinces of a foreign power on our frontier is too well disclosed by
the late communication of the President (concerning Henry's mission)--a
disclosure which must combine in the execration of the project it
developed, every man in the country, and every honest man in every
country. Suppose the former dynasty of Spain to be reinstated on the
throne, it could not desire, for honest purposes, the possession of
West Florida. In proposing the amendment, Mr. C. said it was merely
his object to make the acts of the Legislative body tally with the
proclamations of the President. If, therefore, contrary to his firm
conviction, it should be determined that we have not the title, he had
no idea that even in that state of things the territory would be given
up, but that an equivalent should be given for it.
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._
The House resumed the consideration of the unfinished business, viz:
the report of the Committee of the Whole on the bill for enabling
the people of Mississippi Territory to form a constitution and State
government.
The amendment changing the boundary of the Territory, &c., moved by Mr.
POINDEXTER, together with Mr. CLAY'S proviso, were agreed to without a
division.
The question on the bill being engrossed for a third reading was
decided without debate--yeas 67, nays 39, as follows:
YEAS.--Willis Alston, jun., William Anderson, Stevenson Archer,
David Bard, Burwell Bassett, William W. Bibb, Robert Brown,
William A. Burwell, William Butler, J. C. Calhoun, Langdon
Cheves, Matthew Clay, James Cochran, Lewis Condict, William
Crawford, Roger Davis, John Dawson, Joseph Desha, Elias Earle,
William Findlay, Meshack Franklin, Thomas Gholson, Peterson
Goodwyn, Edwin Gray, Isaiah L. Green, Felix Grundy, Bolling
Hall, Obed Hall, John A. Harper, Aylett Hawes, Jacob Hufty,
John M. Hyneman, Joseph Kent, Abner Lacock, Joseph Lefevre,
Peter Little, William Lowndes, Aaron Lyle, Thomas Moore,
William McCoy, Samuel McKee, Alexander McKim, Arunah Metcalf,
Samuel L. Mitchill, Jeremiah Morrow, Hugh Nelson, Anthony New,
Thomas Newbold, Thomas Newton, Israel Pickens, James Pleasants,
jr., Henry M. Ridgely, Samuel Ringgold, Jonathan Roberts,
William Rodman, Ebenezer Sage, Ebenezer Seaver, Samuel Shaw,
Daniel Sheffey, Richard Stanford, William Strong, George M.
Troup, Charles Turner, jr., Robert Whitehill, William Widgery,
Thomas Wilson, and Richard Wynn.
NAYS.--Ezekiel Bacon, John Baker, Abijah Bigelow, Harmanus
Bleecker, Adam Boyd, James Breckenridge, Elijah Brigham,
Epaphroditus Champion, Martin Chittenden, John Davenport, jr.,
William Ely, James Emott, Asa Fitch, Richard Jackson, jun.,
Lyman Law, Joseph Lewis, jun., Robert Le Roy Livingston, James
Milnor, Jonathan O. Mosely, Joseph Pearson, Timothy Pitkin,
jun., Benjamin Pond, Peter B. Porter, Josiah Quincy, William
Reed, William M. Richardson, Thomas Sammons, John Smilie,
George Smith, Philip Stuart, Silas Stow, Lewis B. Sturges,
Samuel Taggart, Benjamin Tallmadge, Uri Tracy, Pierre Van
Cortlandt, jun., Laban Wheaton, Leonard White, and Robert
Wright.
The bill was then ordered to be read a third time on Monday next.
MONDAY, March 16.
_British Minister's Disclaimer of all Knowledge
of John Henry's Asserted Mission._
The following message was received from the PRESIDENT OF THE UNITED
STATES:
_To the Senate and House of
Representatives of the United States_:
I lay before Congress a letter, from the Envoy Extraordinary
and Minister Plenipotentiary of Great Britain, to the Secretary
of State.