Part 195

Mr. MITCHILL and Mr. TROUP were appointed a committee to carry the said bill to the Senate, and inform them that this House have passed the same, in confidence, and request their concurrence therein; and the doors were then opened.

FRIDAY, June 26.

A motion was made by Mr. RANDOLPH, that the injunction of secrecy imposed by this House on the bill, entitled "An act authorizing the President to take possession of a tract of country lying south of the Mississippi Territory and of the State of Georgia, and for other purposes," together with the injunction of secrecy imposed upon the proceedings of the said bill, be taken off: and, on the question that the House do now proceed to the consideration of the said motion, it was determined in the negative.

A motion was then made by Mr. RIDGELY, that the House do come to the following resolution:

Resolved, That the President of the United States be requested, if, in his opinion, it be compatible with the public interest, to lay before this House, confidentially or otherwise, full information of all the proceedings that have been had under and by virtue of the act of Congress, entitled "An act to enable the President of the United States, under certain contingencies, to take possession of the country lying east of the river Perdido, and south of the State of Georgia and the Mississippi Territory, and for other purposes;" and also copies of all instructions that may have been issued by the Executive branch of this Government under the said act.

And on the question that the House do now proceed to the consideration of the said resolution, it passed in the affirmative--yeas 78, nays 38.

The question was then taken that the said resolution do pass; and resolved in the affirmative--yeas 58, nays 51.

WEDNESDAY, July 1.

Mr. RIDGELY, from the committee appointed, on the 26th ultimo, to present a resolution to the President of the United States, reported that the committee had performed that service, and that the President answered, that a due attention should be paid to the subject.

Occupation of Florida.

A Message was then received from the President of the United States, by Mr. Coles, his Secretary, who delivered in the same, and withdrew.

The Message was read, and is as follows:

To the House of Representatives of the United States:

In compliance with the resolution of the House of Representatives, of the twenty-sixth of June, I transmit the information contained in the documents herewith enclosed.

JAMES MADISON.

JULY 1, 1812.

The said documents were read; and the doors were then opened.

From the Secretary of State to General George Matthews and Colonel John McKee, dated

DEPARTMENT OF STATE, January 26, 1811.

The President of the United States having appointed you, jointly and severally, Commissioners for carrying into effect certain provisions of an act of Congress (a copy of which is enclosed) relative to the portion of the Floridas situated to the east of the Perdido, you will repair to that quarter with all possible expedition, concealing from general observation the trust committed to you, with that discretion with which the delicacy and importance of the undertaking require.

Should you find Governor Folch, or the local authority existing there, inclined to surrender, in an amicable manner, the possession of the remaining portion or portions of West Florida now held by him in the name of the Spanish Monarchy, you are to accept, in behalf of the United States, the abdication of his, or of the other existing authority, and the jurisdiction of the country over which it extends. And, should a stipulation be insisted on for the redelivery of the country, at a future period, you may, engage for such redelivery to the lawful sovereign.

The debts clearly due from the Spanish Government to the people of the Territory, surrendered, may, if insisted on, be assumed within reasonable limits, and under specified descriptions, to be settled hereafter as a claim against Spain in an adjustment of our affairs with her. You may also guarantee, in the name of the United States, the confirmation of all such titles to land as are clearly sanctioned by Spanish laws; and Spanish civil functionaries, where no special reasons may require changes, are to be permitted to remain in office, with the assurance of a continuation of the prevailing laws, with such alterations only as may be necessarily required in the new situation of the country.

If it should be required, and be found necessary, you may agree to advance, as above, a reasonable sum for the transportation of the Spanish troops.

These directions are adapted to one of the contingencies specified in the act of Congress, namely, the amicable surrender of the possession of the Territory by the local ruling authority. But, should the arrangement contemplated by the statute, not be made, and should there be room to entertain a suspicion of an existing design in any foreign power to occupy the country in question, you are to keep yourselves on the alert, and on the first undoubted manifestation of the approach of a force for that purpose, you will exercise with promptness and vigor, the powers with which you are invested by the President to preoccupy by force, the Territory, to the entire exclusion of any armament that may be advancing to take possession of it. In this event you will exercise a sound discretion in applying the powers given with respect to debts, titles to land, civil officers, and the continuation of the Spanish laws; taking care to commit the Government on no point further than may be necessary. And should any Spanish military force remain within the country, after the occupancy by the troops of the United States, you may, in such case, aid in their removal from the same.

The universal toleration which the laws of the United States assure to every religious persuasion, will not escape you as an argument for quieting the minds of uninformed individuals, who may entertain fears on that head.

The conduct you are to pursue in regard to East Florida, must be regulated by the dictates of your own judgments, on a close view and accurate knowledge of the precise state of things there, and of the real disposition of the Spanish Government, always recurring to the present instruction as the paramount rule of your proceedings. Should you discover an inclination in the Governor of East Florida, or in the existing local authority, amicably to surrender that province into the possession of the United States, you are to accept it on the same terms that are prescribed by these instructions in relation to West Florida. And, in case of the actual appearance of any attempt to take possession by a foreign power you will pursue the same effective measures for the occupation of the Territory, and for the exclusion of foreign force, as you are directed to pursue with respect to the country east of the Perdido, forming, at this time, the extent of Governor Folch's jurisdiction.

If you should under these instructions, obtain possession of Mobile, you will lose no time in informing Governor Claiborne thereof, with a request that he will, without delay, take the necessary steps for the occupation of the same.

All ordnance and military stores that may be found in the Territory must be held as the property of the Spanish Government, to be accounted for hereafter to the proper authority; and you will not fail to transmit an inventory thereof to this Department.