History of the United States of America, Volume 2 (of 9) : $b During the first administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 2 (of 9) : $b During the first administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
“First, because it was foreseen that the demand would not only
be rejected by the Spanish authority at New Orleans, which
had in an official publication limited the cession westwardly
by the Mississippi and the Island of New Orleans, but it was
apprehended, as has turned out, that the French commissioner
might not be ready to support the demand, and might even be
disposed to second the Spanish opposition to it; secondly,
because in the latter of these cases a serious check would be
given to our title, and in either of them a premature dilemma
would result between an overt submission to the refusal and a
resort to force; thirdly, because mere silence would be no bar
to a plea at any time that a delivery of a part, particularly of
the seat of the government, was a virtual delivery of the whole.”
The President’s silence at New Orleans was the more conspicuous
because, at the moment when the province of Louisiana was thus
delivered with such boundaries as Spain chose to define, Congress
was legislating for Florida as an integral part of the Union. John
Randolph’s official assertion that Mobile belonged to the United
States under the treaty of cession, was made in the last part of
October, 1803, soon after Congress met. About a month later, November
30, he introduced a Bill nominally for giving effect to the laws of
the United States within the ceded territory. After much debate and
disagreement this Bill at length passed both Houses, and Feb. 24,
1804, received the President’s signature. The fourth section directed
that the territories ceded to the United States by the treaty, “and
also all the navigable waters, rivers, creeks, bays, and inlets lying
within the United States, which empty into the Gulf of Mexico east of
the River Mississippi, shall be annexed to the Mississippi district,
and shall, together with the same, constitute one district, to be
called the ‘District of Mississippi.’” This provision was remarkable,
because, as every one knew, no creeks, bays, or inlets lying within the
United States emptied into the Gulf. The Act by its eleventh section
authorized the President, “whenever he shall deem it expedient, to
erect the shores, waters, and inlets of the Bay and River of Mobile,
and of the other rivers, creeks, inlets, and bays emptying into the
Gulf of Mexico east of the said River Mobile, and west thereof to the
Pascagoula, inclusive, into a separate district, and to establish such
place within the same as he shall deem expedient, to be the port of
entry and delivery for such district.” This section gave the President
power of peace and war, for had he exercised it, the exercise must have
been an act of war; and John Randolph’s previous declarations left no
doubt as to the meaning in which he, who reported the Bill, meant it to
be understood.
Public-domain text, read in full here on John Shaqi.
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