JAMES MONROE.

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.

Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16) · 第 192 / 377 题