CHAPTER X

DEMANDS FOR STATEHOOD AND THE QUESTION OF WEST FLORIDA

The people of Orleans Territory had shown their loyalty to the Federal Government during the period of the Burr intrigues; and with a rapidly growing population and prosperity, looked towards statehood. On May 19, 1809, Claiborne sent to Secretary of State Robert Smith a copy of the memorial to Congress which had been adopted by the legislative council and the house of representatives of the territory at their last session, asking for early admission into the Union as a state. Claiborne expressed his belief that a territorial government was still a necessity, for although the people were peaceable and amiable they were not prepared for statehood. He furnished, also, some interesting statistics on the condition of the territory. The census of 1806, set the population at 52,998 people, of whom 23,574 were slaves, 3,355 free people of color, leaving 26,069 whites. Of the latter at least 13,500 were natives of Louisiana, for the most part descendants of the French; about 3,500 natives of the United States, and the rest Europeans, including native French, Spaniards, English, Germans and Irish. Since 1806, there had been only about 3,000 or 4,000 free immigrants, two-thirds of whom were native Americans. It was expected, however, that many of the French people who had been banished from Cuba would come to the territory.1

1 The European War had caused many Frenchmen to leave Cuba and seek refuge in Louisiana. Claiborne did not relish this influx of foreign blood and tried to stem the tide of immigration. At the same time he was kind to the refugees who did come. The fact that the French brought their slaves with them caused him some anxiety because it was a violation of the law. He thought best, however, not to be too severe on an unfortunate people and allowed the owners to keep their slaves provided a bond,

The memorial had met with great opposition in the territorial house of representatives, the final vote in its favor being eleven to seven, and Claiborne doubted that a majority of the people favored statehood. The rights of the citizens were little understood and a general apathy prevailed at territorial elections. In conclusion, Claiborne recommended changes in the government as related to the supreme judiciary, and also an increase in number of the members of the legislative council. On March 12 of the next year Giles, in the Senate, presented another memorial of the legislature of the territory of Orleans, praying for the admission of the territory into the Union. The memorial was referred to a select committee which reported a bill acceding to the request of the memorialists.5 An attempt was made by Hillhouse to add to the bill the words: "Provided, That the several States shall assent thereto, or an amendment to the Constitution of the United States shall authorize Congress to admit said Territory of Orleans into the Union, on the footing of the original States." This was defeated," and the bill was passed on April 27.7

3

Closely connected with the question of the admission of the territory of Orleans into the Union as a state was that of the status of West Florida. In 1810 an uprising took place in which the people of West Florida threw off the control of Spain

sufficiently secured, was given that the negroes would be produced on due notice. If the owner could not give the necessary security the negroes were hired out to citizens who could, and the money so obtained was turned over to the owners. Gayarré, History of Louisiana, IV, 214–220.

2 Claiborne Papers, "Claiborne's Correspondence, Orleans Territory," V; Gayarré, History of Louisiana, IV, 211-214.

3 Annals of Congress, 11 Cong., Part 1 (1809-1810), 596. The memorial is given in full in the American State Papers, Miscellaneous, II, 51-52, and in Annals of Congress, 11 Cong., Part 2 (1810), Appendix, 2269–2273.

4 Annals of Congress, 11 Cong., Part I (1809-1810), 596.

5 Ibid., 646.

6 Ibid., 670.

7 Ibid., 674.

and declared themselves free and independent. The declaration of independence was adopted September 26, 1810, and on October 10, John Rhea, president of the convention, wrote to Robert Smith, secretary of state of the United States, asking for the admission of West Florida as a state into the Union. Should it be thought best to annex West Florida to one of the neighboring territories, or a part of one of them, a preference for annexation to the island of Orleans was stipulated."

The "legality" of the course pursued with regard to West Florida had been carefully considered by Madison and had troubled him somewhat. The crisis in West Florida, he confided to Jefferson, October 19, 1810, presented "serious questions, as to the Authority of the Executive, and the adequecy of the existing laws of the U. S. for territorial administration." He feared, also, that the short time intervening before the assembling of Congress "might subject any intermediate interposition of the Ex. to the charge of being premature & disrespectful, if not of being illegal." On the other hand, considering the country to the River Perdido as belonging to the United States, it "may be fairly taken possession of, if it can be done without violence, above all if there be danger of its passing into the hands of a third & dangerous party," a contingency which Madison at that moment greatly feared. A few days later, October 30, Madison, writing to William Pinkney, said that his action was "understood to be within the authority of the Executive."'11

8 For the text of the declaration see Annals of Congress, 11 Cong., 3 Sess. (1810-1811), Appendix, 1254-1255; also Gayarré, History of Louisiana, IV, 231-233; Fuller, Purchase of Florida, Chapters IV-VI, for an extended account of the boundary dispute; Isaac J. Cox, "The American Intervention in West Florida," in American Historical Review, XVII, 290-311.

9 Annals of Congress, 11 Cong., 3 Sess. (1810-1811), Appendix, 12521253; Gayarré, History of Louisiana, IV, 233-236.

10 Madison, Writings (Hunt, ed.), VIII, 110.

11 Ibid., VIII, 121.

What followed is best summed up in President Madison's message to Congress, December 5, 1810:

Among the events growing out of the state of the Spanish Monarchy, our attention was imperiously attracted to the change developing itself in that portion of West Florida which, though of right appertaining to the United States, had remained in the possession of Spain, awaiting the result of negotiations for its actual delivery to them.12 The Spanish authority was subverted, and a situation produced exposing the country to ulterior events which might essentially affect the rights and welfare of the Union. In such a conjuncture I did not delay the interposition required for the occupancy of the territory west of the river Perdido, to which the title of the United States extends, and to which the laws provided for the Territory of Orleans are applicable. With this view, the proclamation, of which a copy is laid before you was confided to the Governor of that Territory to be carried into effect. The legality and necessity of the course pursued assure me of the favorable light in which it will present itself to the Legislature, and of the promptitude with which they will supply whatever provisions may be due to the essential rights and equitable interests of the people, thus brought into the bosom of the American family.13

An inkling of the attitude of the United States Government towards the West Florida revolutionists was given in the statement of Secretary of State Smith, "that the President could not recognize in the Convention of West Florida any independent authority whatever to propose, or to form a compact with the United States. ''14

Claiborne, as ordered, marched with the militia to St. Francisville in West Florida and on December 7, 1810, hoisted the flag of the United States and took possession of the country.

12 For a clear-cut statement of the basis for the claims of the United States in the dispute over the eastern and western boundaries of Louisiana, see Gallatin, Writings (Adams, ed.), I, 241-243 (Letter to Jefferson, September 12, 1805). The weakness of the claims of the United States is there shown.

13 Richardson, Messages and Papers of the Presidents, I, 484; Annals of Congress, 11 Cong., 3 Sess. (1810-1811), 12-13. For the text of the proclamation referred to see ibid., Appendix, 1257–1258. For instructions to Claiborne, ibid., 1256-1257.

14 Smith to Governor Holmes of Mississippi Territory, November 15, 1810, ibid., 1259; Gayarré, History of Louisiana, IV, 240.

The so-called State of West Florida was annexed to the territory of Orleans, and organized into parishes.15

On December 10, 1810, the Senate took up the President's message of December 5, and Senators Giles of Virginia, Pope of Kentucky, Crawford of Georgia, Anderson of Tennessee, and Bradley of Vermont were appointed a committee to examine and report on the part of the President's message which referred to West Florida.16 Giles for the committee reported, December 18, on a bill declaring the laws in force in the territory of Orleans to extend and to have full force and effect to the River Perdido, pursuant to the treaty of April 30, 1803.17 The question came up on the bill's passage to a third reading December 27, and caused another debate which brought out further interpretation of the constitutional functions of the various branches of the Federal Government.

The issues under the bill were stated by Senator Horsey of Delaware to be, first, in effect, the incorporation with the territory of Orleans of the province of West Florida east of the Mississippi, as far as the Perdido; and, second, the extension to that part of the province thus incorporated of the laws in force in the territory of Orleans. Did the United States have a good title to the province, and was it expedient for the Government to take possession by force, were questions which Horsey proposed for discussion. An examination of the authority of the President to issue the proclamation and orders of August 27, 1810, directing the forcible occupation of West Florida introduced certain constitutional problems. Horsey contended that if the proclamation had been unauthorized, Congress was not committed by it, nor bound to sanction it. The President's authority must have been derived either from the Constitution, or from some act

15 Gayarré, History of Louisiana, IV, 243.

16 Annals of Congress, 11 Cong., 3 Sess. (1810-1811), 17. 17 Ibid., 25-26.