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 JOHNS HOPKINS UNIVERSITY STUDIES 
 
 IN 
 
 Historical and Political Science 
 
 HERBERT B. ADAMS, Editor 
 
 History is past Politics and Politics are present iiislory.—/-'reema?i. 
 
 WEST FLORIDA 
 
 AND ITS RELATION TO THE 
 
 Historical Cartography of the 
 United States 
 
 BY 
 
 HENRY E. CHAMBERS, 
 
 Fellow-by- Courtesy of Johns Hopkins University. Sometime Assistant Profes- 
 sor, Tulane University 
 
 THE JOHNS HOPKINS PRESS 
 
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 MAY, 1898 
 
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WEST FLORIDA 
 
 AND ITS RELATION TO THE 
 
 Historical Cartography of the 
 United States 
 
LOUISIANA 
 
 
 PURCHASm<r /Q05 
 
 
 
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SCRins XVI Mo. s 
 
 JOHNS iioi'KiNs iinivi:ksity STUniliS 
 HiSToincAi. ANi) Toi iricAi. SciiiNci; 
 
 IIEKHliKT U. ADAMS, hJitor 
 
 History IM l^i'l I'dliln s :iiiil I'lilil i( •. iiic pi cr.ciil Ilislmv. ItffiiKiii. 
 
 WEST FLORIDA 
 
 ANI) MS Kill A I ION Id I III; 
 
 Historical Carlof^raphy ol Ilk- 
 Unilcd Slates 
 
 r.Y 
 
 III;NI/Y I:. CIIAMhII/S, 
 
 /'c//o7U fiyCoHtle-y <)/ /o/iiis //(•/•/,in\ I hiii'fi silv. Sionilinir j\\\t\luitl I'liifrs 
 Mit , / iiliific ( 'nii'ri \ ilv 
 
 Mil: lOilN', l!f)l'Klfr, I'I'I,'.'., I'.A 11 IMOKI! 
 
 riiiii isiMit MoNiiir y 
 
 MAY, W)V, 
 
1^ n 
 
CONTENTS. 
 
 Introduction. 
 
 I. Some Discrepancies and Contradictions 7 
 
 II. Primary Bases of Divergent Opinions 9 
 
 Part One. 
 The Three West Floridas. 
 
 I. Ante-Colonial History. 
 
 Spanish Discovery of Florida 13 
 
 Spanish Exploration of Western Florida 14 
 
 II. French Occupancy. 
 
 La Salle's Exploration of the Mississippi Valley . . 16 
 
 The Colony of Biloxi 17 
 
 French Decadence in Western Florida 18 
 
 III. The First West Florida (British). 
 
 Territorial and Jurisdictional Changes 18 
 
 England's Fourteenth American Colony 19 
 
 IV. The Second West Florida (Spanish). 
 
 British and Spanish Antagonisms 20 
 
 Willing's Raid 21 
 
 Spain Wins Back Her Own 23 
 
 V. The Third West Florida (American). 
 
 Spanish and American Antagonisms 24 
 
 Light-fingering a Province 26 
 
 Louisiana Purchased 27 
 
Contents. 
 
 V. The Third West Florida (American). Cont'd. 
 
 West Florida Discontent 27 
 
 The First Convention— Redress of Grievances. 28 
 The Second Convention— Reorganization .... 31 
 The Third Convention — Self-Protection and Inde- 
 pendence 31 
 
 Annexation to the United States 33 
 
 V Part Two. 
 
 The Livingston-Madison Theory of West Florida 
 
 Acquirement. 
 
 I. Madison's Acceptance of Livingston's View. 
 
 Original Intent not to Purchase Louisiana 39 
 
 Possible Political Effect of Non-Success in Purchas- 
 ing West Florida 40 
 
 IL The Basis of Livingston's Claim : 
 
 The Livingston-Madison Correspondence 41 
 
 Effect of Monroe's Appointment 42 
 
 The Key to Mr. Livingston's Change of Convictions. 43 
 
 in. A Resume of the Successive Jurisdictional Rights 
 to the Territory of West Florida : 
 
 Summary of Jurisdictional Changes 47 
 
 Discussion of the Original and Derived Rights to 
 
 West Florida 47 
 
 The St. Ildefonso Treaty 49 
 
 West Florida Not Included in Louisiana Purchase. 50 
 
 The Testimony of Tallyrand 50 
 
 Suggested Cartographical Corrections 51 
 
 Appendix. 
 
 I. West Florida Chronology 53 
 
 II. Bibliography 57 
 
West Florida and Its Relation to the Historical 
 Cartography of the United States. 
 
 INTRODUCTION. 
 
 West Florida, as a political and territorial entity, occu- 
 pies an uncertain position in the minds of authoritative con- 
 tributors to the history and cartography of the United 
 States. For instance, McMasters^ gives Florida as extend- 
 ing westward to the Mississippi, while Scribner's Statistical 
 Atlas, dividing Florida into east and west, makes the west- 
 ern portion extend only as far as the Perdido river.^ Mc- 
 Master gives date of Florida's acquirement as 1819; Scrib- 
 ner as 1821. 
 
 McCoun's Historical Geography of the United States 
 shows West Florida extending to the Pearl river in one 
 place ;^ to the Perdido in another,* and indicates in a third 
 place that the Floridas are yet Spanish possessions in the 
 year 1820.^ Albert Bushnell Hart gives West Florida, after 
 the St. Ildefonso treaty, as extending to the Mississippi,^ 
 and dates the separate acquirements of East Florida and 
 West Florida as 1819 and 1812, respectively.' Justin Win- 
 sor gives the claims of the Louisiana purchase as extending 
 to the Appalachicola, the only authority within the knowl- 
 edge of the present writer that extends the territorial limits 
 of colonial Louisiana eastward beyond the Perdido. ' 
 
 ' History of the People of the U. S., Vol. 2 (map). 
 
 ^ Plates 13, 14 and 15. ^ Map of date 1787. * Map of 1790. 
 
 * Map of 1820. * Formation of the Union Map, No. 4. 
 
 ' lb., Map. No. I. ^Nar. and Crit. Hist, of America, Vol. 7, p. 531. 
 
8 Wesl Florida. [208 
 
 Henry Adams, after a most critical examination of the rec- 
 ords bearing upon the Louisiana purchase, makes no inclu- 
 sion of the Mississippi-Perdido region. 
 
 B. A. Hinsdale, in his Historical Geography of the Nezv 
 World, ^ says: 
 
 "The first Louisiana was the Mississippi Valley, together 
 with the country east and west, draining to the Gulf of 
 Mexico from the Perdido to the Rio Grande. The second 
 Louisiana was the western half of the valley and the island 
 of New Orleans. This was the Louisiana purchase of 
 '' 1803. * =i= * Long before this time (1763) the found- 
 ing of Louisiana by the French had cut Florida short on 
 the west of the Perdido river." 
 
 If Florida was cut short at the Perdido river, and the 
 Louisiana purchase of 1803 included only the island of 
 New Orleans east of the Mississippi, this leaves the terri- 
 tory between the Perdido and Mississippi rivers to be ac- 
 counted for. 
 
 An examination of fourteen standard and representative 
 V school histories of the United States- reveals similar contra- 
 dictions and discrepancies. The majority of them give 
 Florida as extending to the Perdido river, and include the 
 region between the Perdido and the Mississippi in the Lou- 
 isiana purchase. Only two^ agree with McMaster. Adams, 
 Hinsdale and Hart, in defining the limits of the Louisiana 
 purchase as including nothing east of the Mississippi river, 
 save the island of New Orleans. 
 
 Other citations might be made, but the foregoing indi- 
 cate that a mistiness obscures the region between the Per- 
 ,/ dido and the Mississippi, historically considered, a misti- 
 ness that we look in vain to general historical narratives to 
 dispel. 
 
 'How to Study and Teach History (International Educational 
 Series, edited by W. T. Harris), page 184. 
 
 ^Eclectic, Chambers', Barnes', Shinn's, Scudder's, Johnston's, 
 Anderson's, Swinton's, Sheldon's, Cooper's, Mowry's, Montgom- 
 ery's, Eggleston's, and Niles'. 
 
 ^Chambers' and Sheldon^. 
 
209] Introduction. 9- 
 
 That the history of West Florida has not been more 
 clearly set forth need occasion little surprise. Exploration, 
 occupancy, conquest, treaty and revolt, have caused the 
 region in question to change ownership and jurisdiction no 
 less than six times. Perhaps this can be said of no other 
 portion of American soil. Need we wonder, then, that they 
 who have pursued with certain tread the broad highway of 
 national events, have hesitated to turn aside into a by-path 
 of so devious a winding. 
 
 It is the purpose of this paper to point out wherein He 
 the causes of these divergencies of opinion and to remove, 
 if possible, some of the obscurities which have brought 
 about contradictions similar to those given. These causes 
 may be reduced in number to two. 
 
 (i) Historians have failed to recognize that in limits and 
 political jurisdiction there have existed no fezvcr than three 
 separate and distinct West Floridas. 
 
 u The first of these was British West Florida, extending 
 north to the parallel drawn through the mouth of the Yazoo 
 river, in the present State of Mississippi (32° 28'), and 
 
 Uying between the Chatahoochee and Mississippi rivers. 
 Organized in 1763 as a royal province, its boundaries de- 
 termined as above in 1767, it constituted for twenty years 
 the fourteenth of the English colonial possessions in what 
 is now the territory of the United States. 
 
 ,.■■ The^cond was Spanish West Florida, constituted with 
 the same limits as the above until 1795, when by treaty be- 
 tween Spain and the United States its northern extent w^as 
 shortened to the parallel 31°, which to this day forms, in 
 part, the boundaries of Florida, Alabama, Mississippi, and 
 Louisiana. 
 
 The third was the Independent State of West Florida, of 
 short but active existence, whose limits were: on the north, 
 the line as given above (31°); the Pearl River, on the east; 
 Lakes Borgne, Pontchartrain and Maurepas, and the River 
 Iberville, or Bayou Manchac, on the south ; and the Mis- 
 sissippi, on the west. 
 
10 M^esi Florida. [210 
 
 (2) Historians have too readily accepted the dicta of Madi- 
 son and Livingston, Secretary of State and Minister to France, 
 respectively, when the Louisiana purchase was made, that West 
 Florida zvas included in the Louisiana purchase, when the 
 weight of historical and contemporary testimony is directly 
 opposed to any such inclusion. 
 
 Those who have given this testimony due consideration, 
 give Spanish Florida as extending to the Mississippi, but 
 fail to agree as to whether the Perdido or the Chatahoochee 
 is the dividing line between East and West Florida. Those 
 who have accepted Madison and Livingston's theory, fix 
 the western boundary of Spanish Florida at the Perdido 
 [river and, recognizing that West Florida must be given his- 
 torical existence of some kind or other, assign to it the 
 narrow limits between the Chatahoochee and the Perdido. 
 
 In our search for the truth we shall consider in brief 
 West Florida under a succession of jurisdictions, and then 
 endeavor to show the unsoundness of Livingston's and 
 Madison's claim that West Florida was included in the 
 Louisiana purchase. 
 
Part I. 
 
 The Three West Floridas. 
 
Part I. 
 
 THE THREE WEST FLORIDAS. 
 
 I. — Ante-Colonial History. 
 
 The political history of West Florida begins with the 
 year 1763, when England, having come into possession of 
 the greater part of North America, organized the region 
 between the Mississippi and Chatahoochee into a Royal 
 Province, and thus added one more to the list of her co- 
 lonial possessions within the present limits of the United 
 States. 
 
 But back of its political history is a territorial history; 
 and as the narrative of an American State is generally pre- 
 ceded by some account of the region in which the life and 
 institutions of the State have arisen, so will our subject 
 be brought into clearer historic view by a brief reference 
 to some of the most significant events connected with the 
 period of American beginnings. 
 
 The successful termination of the first voyage of Colum- 
 bus, bringing, as it did, a knowledge of the existence of the 
 New World within the practical comprehension of the na- 
 tions of Western Europe, was immediately followed by 
 Spanish occupancy of the principal islands of the West 
 Indies. 
 
 With Cuba and Jamaica as bases, Spanish exploration 
 soon extended to the mainland of North America. In one 
 direction went De Leon upon his famous search for the 
 fabled island of Bimini, during the course of which he dis- 
 covered and named Florida (15 12); in another, Grijalva, 
 who reached and explored the coast of Mexico (1518). 
 
 De Leon was followed by De Ayllon, whose expeditions 
 
14 Wesl Florida. [214 
 
 took him, first, to the coast of what is now South Caro- 
 Hna, then called Chicora (1520) and subsequently to the 
 Chesapeake Bay. Grijalva was followed by Cortez, whose 
 conquest of the Aztec realm constitutes one of the saddest 
 of the earlier pages of American history (1520). 
 
 With the exploration of the coast line between Florida 
 and Mexico the names of Alonzo de Pineda and Pamfilo 
 de Narvaez are most prominently identified. Pineda was 
 dispatched by Francis de Garay, governor of Jamaica, with 
 a well-equipped expedition to seek out some passage-way 
 through the land to the ocean beyond. He skirted the 
 coast from Cape Florida to Mexico, touching at various 
 points, and taking possession (15 19). Upon his return, he 
 is supposed to have discovered and entered the Mississippi 
 river, bestowing upon it the name Espiritu Santo. ^ 
 
 Pamfilo de Narvaez, who had been discomfited in his en- 
 deavor to wrest from Cortez by force the honor of con- 
 quering Mexico, undertook the conquest of Florida (1528). 
 His expedition was an ill-fated one, for, after a fruitless 
 march into the interior of western Florida, the would-be 
 conquerors returned, disappointed, to the coast, constructed 
 five frail craft, which they loaded to the gunwale, and pro- 
 ceeded slowly to the westward. They, too, are supposed 
 to have beheld the mouth of the Mississippi, whose swift 
 flowing current wrought havoc to their heavily laden 
 boats. A storm did the rest. Eight years afterward, Ca- 
 beza de Vaca, Castillo, Dorantes, and a negro arrived in 
 the Spanish settlements- of Mexico — sole remnant of the 
 six hundred that had set out with De Narvaez. They had 
 made their way overland to the Pacific, and then south- 
 ward to their compatriots. 
 
 With a large and carefully selected body of men, Her- 
 nando De Sota landed at Tampa Bay (1539), bent upon 
 accomplishing what De Narvaez had failed to do. The 
 
 ^ Winsor : Narrative and Critical History, Vol. 2, p. 237. 
 ^Winsor : Narrative and Critical History, Vol. 2, p. 245. 
 
215] Ante- Colonial History. 15 
 
 story of his memorable march has often been told. It is a 
 tale of dogged determination of purpose on the part of the 
 commander, of unswerving loyalty on the part of his men. 
 It is a narrative of endurance, courage, and fortitude, of 
 disaster, pathos, and tragedy. 
 
 North, to the mountains of North Georgia; southwest, 
 through the length of Alabama to the Indian town of Mau- 
 villa,^ where was waged their greatest battle; north-west- 
 ward, diagonally across the present State of Mississippi, they 
 made their way, the journey a series of harassings and 
 savage baitings whose chronicle finds fit place among the 
 nightmares of history. The Mississippi river was crossed 
 a little below the site upon which now stands Memphis. It 
 is probable that the Missouri line was reached before the 
 invaders undertook to return. Slowly they made their way 
 southward, their number lessening day by day. Soon they 
 reached what is now north-eastern Louisiana. Here, amid 
 the glooms of swamp and river bottoms, beset by vengeful 
 foes, a remnant of the band gathered about their leader. 
 Stubborn old soldier that he was, nothing but death could 
 overcome him, and here it was that he succumbed. In the 
 dead of night his body found a watery sepulchre in the river 
 whose waters he had crossed in the fullness of his strengths 
 His companions, reduced in number, eventually made their 
 way by river and gulf to Mexico. 
 
 Thus it will be seen that through the explorations of De 
 Leon, De Ayllon, De Narvaez, and De Sota the territorial 
 claims of Spain reached north-westward from Florida into 
 the heart of the American continent. From Mexico they 
 extended north and north-eastward. 
 
 Spain maintained her right to these territorial claims in 
 1565, when Melendez de Aviles destroyed the Huguenot 
 settlement in north-east Florida, and built St. Augustine, 
 and this right went unquestioned until the year 1699. 
 
 * Near Mobile. 
 
16 Wesi Florida. [216 
 
 II. — French Occupancy. 
 
 In the sixty years following the founding of Quebec 
 (1608), the forerunners of French civilization in America 
 reached the region about the shores of the great lakes. 
 Among the first to come to the hither side and enter what 
 is now the territory of the United States were Nicollet, 
 Marquette, Joliet, Allouez, Hennepin, Du Luth Tonti, La 
 Salle, and others, whose names are made familiar to us in 
 the chronicles of earlier explorations. 
 
 From their Indian friends, the pioneers of New France 
 learned of the great western river flowing southward, now 
 known as the Mississippi. Marquette and Joliet made their 
 way to this river through the wilds of what is now Wiscon- 
 sin, and descended as far as the mouth of the Arkansas 
 (1673). They were followed by La Salle, who with his 
 faithful companion, Tonti, explored the Mississippi to its 
 mouth, taking possession of the whole territory watered by 
 it and its tributaries in the name of Louis XIV King of 
 France (April 9, 1682). Here is where the name Louisiana 
 first appears upon the map, and a claim to a part of the 
 shore of the Gulf of Mexico is set up counter to the claims 
 of Spain. 
 
 La Salle, setting out from France, made an inefifectual 
 attempt to reach the mouth of the Mississippi, for the 
 purpose of planting a colony upon its banks. Tonti de- 
 scended from Canada, to co-operate with his chief; and, 
 failing to meet La Salle, established Arkansas Post (1686), 
 the oldest settlement in the lower Mississippi Valley. 
 
 France's further plans of colonization were held in abey- 
 ance during the war of the English Succession.^ But no 
 sooner had the w^ar ended (1697) than they were put into 
 execution. • Here comes upon the scene Pierre Lemoyne, 
 Sieur d'lberville. The period of American beginnings has 
 no more heroic a figure. Iberville was a Canadian by birth, 
 
 ^ In America known as King William's War. 
 
217 French Ocaipancy. 17 
 
 one of eleven brothers, all of whom attained distinction in 
 the service of king and country. As a naval officer of 
 France in the w^ar just closed, he had taught the English 
 several lessons in the art of naval warfare, and had given 
 them some forcible reminders that their boasted superiority 
 on sea was not as yet clearly established.^ 
 
 Iberville sailed from Brest (1698) with a company of col- 
 onists. Entering the Gulf of Mexico, he directed the course 
 of his vessels to the magnificent harbor of Pensacola, of 
 which he had learned. But behold, he finds himself fore- 
 stalled by the Spaniards, who, anticipating the coming of 
 the French and determined to hold by occupancy what was 
 Spain's by right of discovery and exploration, had only 
 a month previous established themselves at Pensacola. 
 
 It was only by the subterfuge of concealing the real ob- 
 ject of his expedition that Iberville was permitted to pro- 
 ceed without protest on the part of the Spaniards.^ Pro- 
 ceeding westward, he touched at Mobile bay, explored the 
 islands which skirt Mississippi sound, and finally effected 
 a landing near what is now the town of Ocean Springs, 
 Miss. (1699). The settlement was called Biloxi, after a 
 neighboring tribe of Indians. Here the first seat of gov- 
 ernment of lower Louisiana was established, and the Sieur 
 Sauvolle was appointed the first governor. 
 
 The Spaniards, in their estabHshment of missions, were 
 making their way up from Mexico. Already the English 
 influence was reaching from the Atlantic seaboard and af- 
 fecting the Chickasaws and other Indian tribes within the 
 limits of the French claim. 
 
 To combat the one and counteract the other, a post was 
 established on Red River, near the present town of Natch- 
 itoches, La. (1714), and another. Fort Rosalie, near the 
 present town of Natchez, Miss. (1716), Finally, realizing 
 that lower Louisiana could never be firmly held and the full 
 
 'See Gayarr6 : Hist, of La., Vol. i, chap. 2. 
 ^ King and Ficklin's Hist, of La., page 30. 
 
18 West Florida. [218 
 
 control of the Mississippi be assured unless the center of 
 French colonization was moved to the banks of that 
 stream, New Orleans was founded (1718), and shortly after 
 made the seat of government. 
 
 With the founding of New Orleans, the French settle- 
 ments along the gulf, or West Florida coast, pass histori- 
 cally into obscurity. After sixty-four years of French oc- 
 cupation, West Florida at the time of the treaty of 1763 
 contained less than five hundred people, including slaves.^ 
 In subsequent years it was left to a historian^ to recall the 
 fact that there ever was a time that Louisiana, "as France 
 possessed it," extended along the shores of the Gulf of 
 Mexico as far as Mobile. 
 
 III. — The First West Florida (British). 
 
 When the "Old French War" drew to a close, and the 
 contest for supremacy in America was decided in favor of 
 the English, France was compelled to relinquish all her 
 territorial possessions on the continent of America. To 
 Spain, who had been her suffering ally in this war,"* she gave 
 the island of New Orleans* and that part of Louisiana lying 
 west of the Mississippi. To England she ceded that part 
 of Louisiana lying east of the Mississippi. England 
 also received Florida of Spain , making the English 
 possessions in what is now the territory of the United 
 States, extend from the Atlantic, on the east, to the Miss- 
 issippi, on the west; and from the great lakes, on the north, 
 to Lakes Maurepas, Pontchartrain, and Borgne, and the 
 Gulf of Mexico, on the south. 
 
 ^ Lowry and McCardle : Hist, of Miss., p. 47. 
 
 ^ Marbois. 
 
 ^Duruy: Hist, of France, p. 501. 
 
 * The island of New Orleans lay upon the east bank of the Missis- 
 sippi, and extended from the mouth of that river up as far as Bayou 
 Manchac, or Iberville river, a stream a little distance south of Baton 
 Rouge, connecting the Mississippi with Lake Maurepas. The Bayou 
 no longer exists, having been filled up. 
 
219] The First West Florida. 19 
 
 Spain manifested some reluctance in extending her jur- 
 isdiction over the ceded province. The treaty was con- 
 cluded in 1763, and not until 1766 did she show any intent 
 to take formal possession.^ Indeed, it was not until 1769 
 that the transfer from France to Spain was formally de- 
 clared and consummated. 
 
 On the other hand, England acted very promptly in oc- 
 cupying her part of the cession. The treaty of cession was 
 concluded Feb. jO; 1763, and before the year was out, by 
 proclamation of King George III, Florida was divided, the 
 boundaries of the eastern and western portion established, 
 and Captain George Johnstone, a distinguished naval offi- 
 cer, installed as first governor of the British Royal Prov- 
 ince of West Florida. 
 
 The claims of Georgia extending westward to the Miss- 
 issippi, it was at first intended that the northern boundary 
 of West Florida should be fixed at the 31st parallel of lat- 
 itude, but the difficulty of communication between the east 
 and west in the latitude of Georgia, and the necessity of 
 having a seat of government convenient to the people, who 
 were already entering and taking up their residence in the 
 fertile lands about the Yazoo and other streams, caused the 
 northern limit of West Florida to be extended northward 
 to the line of 32° 28' (1767), which extension was embodied 
 in the commission of John Elliot, who succeeded Johnstone 
 as governor.^ 
 
 The eastern boundary of British West Florida was the 
 Chattahoochee and Appalachicola rivers; the western, the 
 Mississippi. On the south were the Gulf of Mexico, Miss- 
 issippi sound, Lakes Borgne, Pontchartrain, and Maure- 
 pas ; and Bayou Manchac separating West Florida from the 
 
 ^ In 1766, Don Antonio de Ulloa was sent to govern Louisiana, but, 
 ahhough he remained in the colony two years or more, he exhibited 
 no credentials and failed to assume any of the duties of his office. 
 In 1769, Don Alexander O'Reilly arrived and took formal possession 
 for Spain. 
 
 ^Lowry and McCardle : Hist, of Miss., p. 48. 
 
20 Wesi Florida. [220 
 
 Isle of Orleans to the southward. The seat of government 
 was established at Pensacola. Fort Conde, near Mobile Bay, 
 was changed to Fort Charlotte; Fort Rosalie (Natchez), 
 to Fort Panmure. A new fort was established and gar- 
 risoned at the junction of Bayou Manchac and the Miss- 
 issippi river, and was called Fort Bute. Bute and Panmure 
 were two administration notables during the reign of 
 George III. the king of England at that time. 
 
 A wonderful impetus was given to the West Florida col- 
 ony when power was bestowed upon Governor Johnstone 
 to make free grants of land to every retired officer and 
 soldier who had served England in the French and Indian 
 war. A field officer was entitled to 5000 acres, a captain to 
 3000, and so on- down to a private, whose portion was 100 
 acres. 
 
 In the twenty years that West Florida was a British pos- 
 session French influences and trends of development were 
 rooted out and the province was made thoroughly English 
 in character. The three English governors of British West 
 Florida were Johnstone and Elliot, already mentioned, and 
 Peter Chester. Johnstone was appointed in 1763; Elliot in 
 1766, and Peter Chester in 1770.^ It was during Chester's 
 incumbency that some of the most remarkable events con- 
 nected with West Florida history took place. 
 
 IV. — The Second West Florida (Spanish). 
 
 The attitude of Spanish Louisiana toward British West 
 Florida was one of jealousy and mistrust. The British were 
 discouraged in every way from opening commercial rela- 
 tions with their Louisiana neighbors. Nevertheless, an ex- 
 
 ^ Lowry and McCardle's History of Mississippi gives the dates as 
 1763, 1767 and 1771. Beatson's Political Index to the Histories of 
 Great Britain and Ireland ; or, a Complete Register of the Hereditary 
 Honours, Public Officers and Persons in Office, from the Earliest 
 Periods to the Present Time, published in London, in 1788, from 
 which have been taken the above, may be considered authoritative. 
 
[221' The Second West Florida. 21 
 
 tensive, though surreptitious/ trade was developed that 
 augured great prosperity to West Florida. As the war of 
 the American Revolution approached, the same instinct 
 which impelled emigration across the AUeghanies to Ten- 
 nessee, Kentucky and Ohio, caused West Florida to re- 
 ceive its share of English-speaking pioneers. The American 
 element of population thus introduced was decidedly a Tory 
 ■element, but not one given to aggressiveness, being content 
 to occupy a position of neutrality in the contest between 
 England and her American colonies. West Florida was so 
 far away from the scene of action, that she well may have 
 remained undisturbed but for the fact of Spanish antag- 
 onism against things British. Between the revolting 
 American colonies and England the Spanish authorities 
 manifested a decided leaning toward the former. 
 
 This favoring of the American colonies against the En- 
 glish first took the form of permitting Oliver Pollock, the 
 secret agent of the Continental Congress, to gather stores 
 and munitions of war at New Orleans, and forward them 
 by river to Fort Pitt (Pittsburg). Indeed, the idea of an 
 American expedition down the Ohio and Mississippi for 
 the purpose of attacking the British of West Florida was a 
 subject of correspondence between Captain George Mor- 
 gan, in command at Pittsburg, and Governor Galvez of 
 Louisiana. 
 
 When Pollock descended the Mississippi to establish 
 himself in New Orleans, there came with him an adventurer 
 of brutal instincts but gentlemanly appearance, in the per- 
 son of James Willing. 
 
 "Willing," says Martin,^ "visited the British settlements 
 on the Mississippi, and some of his companions crossed the 
 lakes to Mobile, with a view to induce the inhabitants to 
 raise the striped banner, and join their countrymen in the 
 struggle for freedom The people of both the Floridas re- 
 
 ^ See Gayarr^ : History of Louisiana, Vol. 3, p. 45. 
 ^ History of Louisiana, p. 223. 
 
22 PVesi Florida. [222 
 
 mained steadfast in their attachment to the royal cause. 
 The thin and sparse population of the Floridas, their dist- 
 ance from the provinces engaged in the war, and the con- 
 sequent difificulty of receiving assistance from them, had 
 also its influence on the conduct of the inhabitants." 
 
 Willing was hospitably entertained at Baton Rouge, 
 Natchez, and other points visited. No one suspected that 
 a plot against the well-being of his entertainers was shaping 
 itself in his mind. He returned to Pennsylvania, and upon 
 his representation that the neutrality of West Florida was 
 highly important to the American cause, as removing an 
 enemy from the rear and permitting the free passage of 
 munitions of war, he received from Congress, then sitting 
 at Lancaster, Pa., authority to move in the matter of se- 
 curing this neutrality. 
 
 Returning to Natchez with an armed retinue, he found 
 it no difficult matter to prevail upon many to take an oath 
 of neutrality. Upon one pretext or another. Willing now 
 entered upon a career of confiscation, robbery and cruelty. 
 The very homes in which he had been a favored guest suf- 
 fered most.^ Many unfortunates, bereft of their all, were 
 compelled to take refuge across the river among the un- 
 friendly, but less cruel, Louisianians. But for this cruel, 
 wanton, unprovoked, conduct toward a helpless community, 
 West Florida might have been won over to the American 
 cause, the royal governor at Pensacola being too far distant 
 to interpose any active opposition either against Willing's 
 raids or against any action the West Floridians near the 
 Mississippi might have taken toward co-operating with the 
 thirteen other colonies of Great Britain. So West Florida 
 was overrun and ravaged in the war of the American 
 Revolution, as were the Atlantic seaboard colonies; and if 
 the Carolinas had a bloody Tarleton to ignore the usages 
 of civilized warfare. West Florida had a brute Willing, to 
 
 ^A Memento of Willing's Raid, New Orleans Times- Democrat, 
 Feb. 25, 1894. 
 
223] The Second West Florida. 23 
 
 garb himself in a cloak of patriotism as a studied excuse 
 for license and crime. 
 
 In 1777, France espoused the cause of the American col- 
 onies, and formed an alliance with them against England. 
 Perceiving a possibility of winning back the much coveted 
 fortress of Gibraltar, Spain shortly after allied herself with 
 France, and was soon actively engaged in hostilities against 
 England (1779). 
 
 The Spanish province of Louisiana had for its governor 
 at the time Spain declared war, Don Bernard de Galvez, 
 who, but a youth in years, left a deep impression upon his 
 times and surroundings by his intrepidity and genius. 
 When news reached Louisiana of Spain's declaration of 
 war, Galvez promptly took upon himself the task of con- 
 quering West Florida.^ With a force of 1400 men, he 
 marched northward from New Orleans, and, arriving at 
 Bayou Manchac, stormed and captured Fort Bute. Ad- 
 vancing upon Baton Rouge, he invested the place, and, 
 after a hot engagement lasting two hours, compelled Col- 
 onel Dickinson with 500 men to surrender. His next un- 
 dertaking was against Mobile, which surrendered March 
 14, 1780. 
 
 It is needless to say that the achievements of Galvez 
 were viewed with great satisfaction in both America and 
 Spain. General Washington sent a letter of congratulation 
 from his winter quarters at Morristown, N. J.^ Every en- 
 couragement was now extended to Galvez to continue his 
 operations. Ships and men were furnished him, and from 
 Havana he set out for Pensacola to attack the British capital 
 and stronghold. At Pensacola he was joined by Miro, from 
 New Orleans, and Espelleta, from Mobile. The personal 
 bravery of the young commander was an important factor 
 in all his military successes, and never was this better veri- 
 
 ^ An original print of the royal proclamation authorizing the Spanish 
 colonists to proceed against their EngHsh neighbors is in the posses- 
 sion of Mr. H. L. Favrot, of the New Orleans bar. 
 
 ''Washington to Don Juan Miralles, Feb. 27, 1780. 
 
24 IVesi Florida. [224 
 
 fied than in his attack upon Pensacola. The fort was taken, 
 and with its fall the Floridas, West and East, by right of 
 conquest, which right was afterward confirmed by the 
 treaty of 1783, became Spanish territory again,^ and once 
 more by occupancy and possession did she hold what had 
 once been hers by discovery and exploration. 
 
 Many honors were bestowed upon Galvez. He was com- 
 missioned a Lieutenant-General, decorated with the cross 
 of Knight Pensioner, and made a Count. He was ap- 
 pointed, successively. Governor of Louisiana; Captain- 
 General of Louisiana and Florida; Governor-General of 
 Cuba, the Floridas and Louisiana ; and Viceroy of Mexico. 
 With a record achieved by few of his years, he died at the 
 comparatively early age of thirty-eight. His several com- 
 missions define sharply the distinction existing in the Span- 
 ish mind between Louisiana and the Floridas. According 
 I to Spanish conception. West Florida was not Louisiana, 
 ' but a separate province, conquered by force of arms, an 
 integral unit among the units which collectively constituted 
 Spain's colonial possessions in the Western World. 
 
 V. — The Third West Florida (Independent 
 State). 
 
 The establishment of the Federal Government followed 
 the successful termination of the American Revolution. 
 The relations between the newly organized government 
 and the Spanish authorities of Louisiana were by no means 
 harmonious. The boundary line between the Floridas and 
 the United States was in dispute.^ Spanish intrigue was 
 
 ^ Lecky : History of England in the Eighteenth Century, p. 171. 
 
 •^ Spain claimed the 32° 28' line, proclaimed by Great Britain in 
 1767, as the northern boundary of West Florida. The United States 
 insisted upon parallel 31°, the boundary as originally fixed before the 
 Natchez district was annexed. The treaty of Madrid, Oct. 27, 1795, 
 confirmed the latter. (See VVinsor's Nar. and Crit. Hist., Vol. 7, 
 P- 543-) 
 
:225] The Third West Florida. 25 
 
 fomenting among the settlers of the Ohio Valley a spirit 
 of discontent against the government of the United States. 
 The Spanish authorities of Louisiana had in view the an- 
 nexation of the territory in which this discontent was man- 
 ifesting itself. 
 
 The produce of the western settlers in those days, when 
 the bars of the Alleghanies had not yet been removed by 
 locomotive and canal boat, could only reach a profitable 
 market by way of the Mississippi. While the mouth of this 
 river was under Spanish control, western American com- 
 merce depended in large part upon the complacency of the 
 ^Spanish governor at New Orleans. Sometimes river navi- 
 gation was prohibited to the Americans; at other times it 
 was grudgingly conceded, and that in a manner thoroughly 
 unsatisfactory to those whose material prosperity depended 
 upon this free use of nature's route to the sea. 
 
 Thus it was that the United States, in conformity with its 
 leading purpose "to promote the general welfare," found 
 it incumbent upon itself to secure a commercial depot near 
 the mouth of the river. Either the island of New Orleans 
 or West Florida would answer the purpose. Moreover, a 
 number of other rivers rising in the territory of the United 
 States make their way through Florida to the Gulf of 
 Mexico. With the necessity of having a depot site near the •• 
 mouth of the Mississippi came also the realization that con- 
 trol of the mouths of these other rivers would be of great 
 future importance to the United States. The idea of ac- 
 quiring the Floridas rapidly took shape. Indeed, the value 
 of the Floridas to the United States was regarded as infin- 
 itely greater than trans-Mississippi Louisiana. The island 
 of New Orleans, however, out- valued the Floridas; and the 
 instructions which went to Europe, specified that New Or- 
 leans and West Florida, in particular, were to be nego- 
 tiated for.^ 
 
 ' In letter of March 2, 1803, to Monroe and Livingston, Secretary of 
 State Madison stipulated that the Floridas together were to be 
 estimated at one-fourth the value of New Orleans ; and, East Florida 
 at one-half of the value of West Florida. 
 
26 I Vest Florida. [226- 
 
 Meanwhile, Napoleon Bonaparte had come to be the 
 most conspicuous figure in Europe; and one of the moves 
 made by him upon the chess board of European poHtics was 
 to compel Spain to cede Louisiana back to France. The 
 cession was made by secret treaty/ for Napoleon was not 
 then in position to hold by force of arms the re-acquired 
 province against the enemies of France, who were all too 
 ready to invade distant French possessions. 
 
 However polite and wordily affectionate was the lan- 
 guage of diplomacy employed by the two governments 
 upon the occasion of the treaty, historians recognize the 
 fact that the transaction was purely and simply a case of 
 "stand and deliver" on one side, and reluctant yielding on 
 the other. True, two concessions were made the reluctant 
 party — one expressed in the treaty and the other under- 
 stood.^ One was that the Duke of Parma would be raised 
 to a position among the crowned heads of Europe, by Na- 
 poleon's power and influence. The other was that France 
 would never part with Spain's extorted gift unless it be to 
 return it to the donor. Neither of these pledges did Na- 
 poleon fulfill; and as that one in regard to the Duke of 
 Parma was a stipulated consideration in return for Louisi- 
 ana, non-fulfilment of the contract on the part of one, ac- 
 cording to the moral, as well as the common, law, cancelled 
 the obligation of the other. When the United States pur- 
 chased Louisiana, it acquired a vitiated title, which, if Spain 
 had been at the zenith of her power, would never have been 
 made good. 
 
 Numerous surmises have been advanced regarding Napo- 
 leon's motives in acquiring Louisiana. It is reasonable to 
 suppose that he had in view the rehabilitating of French 
 prestige in America. With the St. Ildefonso treaty as prece- 
 dent, the cession of Mexico and the Floridas could easily 
 
 ^ Treaty of Ildefonso, Oct. 27, 1800. 
 
 'June 19, 1802, Tallyrand pledges by letter to Spain that France 
 will never alienate Louisiana. (See Henry Adams : Hist, of the U. 
 S. during Jefferson's Administration, Vol. i, p. 400.) 
 
227] The Third West Florida. 27 
 
 be brought about if once the sea of European politics would 
 settle down into tranquility and the French ship of State 
 be brought to anchor in smooth waters. 
 
 But war clouds again lowered, and the loss of Louisiana 
 was threatened. Livingston and Monroe, who were to 
 purchase a modest depot site, found the whole province of 
 Louisiana offered them. Acceptance of the offer and con- 
 summation of the transfer of the Province of Louisiana to 
 the United States will be found treated of elsewhere. Suf- 
 fice it to say, that on Nov. 30, 1803, Commissioner Laus- 
 sat, on the part of France, received the territory, secretly 
 ceded three years previously, from the Spanish Commis- 
 sioner Casa Calvo, and twenty days after (Dec. 20, 1803),. 
 Governor Claiborne, of the Mississippi Territory, and Gen- 
 eral James Wilkinson, on the part of the United States, re- 
 ceived the territory from Laussat, the ceremonies of transfer 
 taking place in the city of New Orleans. 
 
 Thus were the Spanish possessions about the northern, 
 shores of the Gulf of Mexico again split into two parts by 
 the Louisiana wedge On one side was Mexico; on the 
 other side were the Floridas. It was left to years of di- 
 plomacy to determine exactly what the boundaries should 
 be between the American purchase and the Spanish pos- 
 sessions, and it was not until 1819 that an amicable adjust- 
 ment was reached. 
 
 The year 1803, which saw Louisiana and the island of 
 New Orleans transferred to the United States, saw also 
 Governor Folch, with headquarters at Pensacola, exercis- 
 ing jurisdiction over all Florida. De Grandpre was the 
 military commander of the District of Baton Rouge, re- 
 maining as such until 1807 or 1808, when he was succeeded 
 by Don Carlos Dehault de Lassus. 
 
 It had been a great disappointment to the English- 
 speaking population of West Florida, that the region in- [ 
 habited by them had not been included in the transfer of/ ^^-^-* 
 Louisiana to the United States. To the north of them was} <^:^ /-l.^ 
 the Mississippi Territory, organized in 1798, in which a 
 
28 West Florida. [228 
 
 less restraining, yet more stable, form of government stood 
 in contrast to that under which they were governed. The 
 rich lands about Baton Rouge, had induced many from the 
 Mississippi Territory to cross, with some hesitation, how- 
 ever, the line of demarkation, and take up their abode under 
 a jurisdiction distasteful to them. Antagonism between 
 the more favored Spanish subjects and the less favored 
 English-speaking immigrants was the inevitable result. 
 Complications in regard to smuggling and runaway slaves 
 arose, as they did at the other, or Georgia, end of the 
 Florida boundary line. The policy of De Lassus was vac- 
 illating; his character, weak. Innumerable causes of dis- 
 satisfaction were afforded every day by corrupt officials and 
 lax methods of suppressing crime. Spain, being so far away 
 and engrossed with her own affairs at that particular time, 
 it was beyond question to refer grievances to other than 
 prejudiced local tribunals. In the midst of this general un- 
 rest and discontent, intimation came that Bonaparte 
 claimed West Florida, and would soon take possession. 
 
 The West Floridians preferred the jurisdiction of the 
 United States. They were tolerant of and submissive to 
 Spanish rule when based upon any semblance of right and 
 upon some consideration of their interests; but the idea 
 of being dominated by France inspired them with such 
 
 I distaste that they were aroused to action. 
 
 A convention was proposed by citizens of Feliciana, and 
 the proposition was generally responded to by the other citi- 
 
 . zens of the Districts. Delegates were elected, and the con- 
 . ^ \j I vention met in open air at Buhler's Plains, July 17, 1810. 
 
 ' John Mills presided, and Dr. Steele acted as secretary. A 
 general desire to appeal for annexation to the United States 
 seemed at first to animate this convention. But unswerv- 
 ing allegiance to Spain, as against any effort of France to 
 take possession, was set forth by formal resolutions.^ 
 
 ^ "We, therefore, the people of West Florida, exercising the rights 
 which incontestably devolve upon us, declare that we owe no allegi- 
 
229] The Third West Florida. 29^ 
 
 Committees waited upon Governor De Lassus, to con- 
 vey to him the result of the deliberations of this conven- 
 tion, and to present to him memorials relative to the reor- 
 ganization of the West Florida government. This reor- 
 ganization was in no way to jeopardize the sovereignty 
 of Ferdinand VII over the province, and to De Lassus 
 himself was pledged the new governorship proposed.^ 
 
 De Lassus apparently acquiesced in the proposed re- 
 forms, and another convention assembled, August 22, and ! 
 continued in session to August 25. John Rhea presided. / 
 The sub-districts, or precincts, represented were New Fel- 
 iciana, St. Helena, Baton Rouge, and St. Ferdinand. The 
 organization of the new government was effected. De 
 Lassus was elected Governor ; judges and "civil command- 
 ers" were appointed ; Philemon Thomas was made colonel, 
 commanding all militia of the district. The convention 
 seems to have acted in a constitutional and sovereign ca- 
 pacity. The proclamation announcing the organization 
 of the new government was made August 22, addressed 
 to the inhabitants of the jurisdiction of Baton Rouge, and 
 signed by De Lassus, "Colonel of the Royal Armies, and 
 
 ance to the present ruler of the French nation, or to any king, prince 
 or sovereign, who may be placed by him on the throne of Spain, and 
 we will always, and by all means in our power, resist any tyrannical 
 usurpation over us of whatever kind, or by whomsoever the same 
 may be attempted, and in order to more effectually preserve the 
 domestic tranquillity and secure for ourselves the blessings of peace 
 and the impartial administration of justice, we propose the follow- 
 ing. ' ' Then comes a series of thirteen articles, which might be termed 
 a projected constitution. (Publication of the Louisiana Historical 
 Association, Vol. i, part 11, p. 42.) 
 
 ^ " They wanted peace and the proper administration of justice. 
 . . . Their address closes by forcibly reminding his Excellency of 
 the necessity for a strong militia, well organized, well equipped, and 
 well officered, to insure for the country complete exemption from 
 anarchy and turmoil, and to lend force and dignity to their laws." 
 H. L. Favrot : " Some Account of the Causes that Brought About 
 the West Florida Revolution " (compiled from MS. sources and pub- 
 lished in Part 11 of the Louisiana Historical Society Publication). 
 
 \/ v» 
 
30 IVesi Florida. [230 
 
 Governor, Civil and Military of the Place, and Jurisdiction 
 of Baton Rouge," and "the representatives of the people 
 of said jurisdiction in convention assembled."^ 
 
 Before a month elapsed it was found that the acquies- 
 cence of De Lassus was a pretended one, and that his real 
 .purpose was treachery. Correspondence, intercepted by 
 Colonel Thomas, revealed the fact that De Lassus was 
 pressing upon Folch at Pensacola the necessity of sending 
 \ to Baton Rouge a large force to quell an insurrection "of 
 his Catholic Majesty's subjects" then in progress. He 
 urged that Folch march to the scene in person and that 
 he summon assistance from Cuba, as the insurgents were 
 "desperate and determined." 
 
 Upon discovery of the Governor's treacherous plans, 
 Colonel Thomas immediately consulted with the leaders 
 of the recent movement. It was decided to raise the banner 
 
 ^ " Zi? the Inhabitants of the Jurisdiction of Baton Rouge : 
 
 "His Excellency, Carlos Dehault DeLassus, Colonel of the 
 Royal Armies and Governor Civil and Military of the Place and 
 Jurisdiction of Baton Rouge, with the representatives of the people 
 of the said jurisdiction, in convention assembled, announce : 
 
 "That the measures proposed to be adopted for the public safety 
 and for the better administration of justice within the said jurisdiction, 
 are sanctioned and established as ordinances, to have the force and 
 authority of law, within the several districts of this jurisdiction, until 
 the same be submitted to the Captain-General of the island of Cuba, 
 and until his decision thereon shall be known. The said ordinances 
 will be made known in each district with all possible dispatch, and in 
 the meantime all the good people of this jurisdiction are required to 
 preserve good order and avoid every movement which may disturb 
 the public tranquillity — it being the only object of both the Governor 
 and the representatives to consult the best interests of the nihabi- 
 tants. And although it is not intended to mark with severity the 
 authors of the disorder which has appeared in several parts of the 
 country for some time past, yet all such persons as may be found 
 oflfending in that manner, after this date, will be punished with the 
 severity which the law prescribes and which their offences may 
 deserve. 
 
 " Baton Rouge, August 22, 1810." 
 
 (Louisiana Historical Society Papers, part 11, pp. 44-45.) 
 
231] The Third West Florida. 31 
 
 of open revolt and declare West Florida a free and inde- 
 pendent State. A convention was held. Independence was 
 declared (Sept. 26, 1810)/ and a new government under 
 Fulwar Skipwith, as governor, was instituted. 
 
 ^ " By the Representatives of the people of West Florida, in conven- 
 tion assembled : 
 
 "a declaration. 
 
 " It is known to the world with how much fidelity' the good people 
 of this Territory have professed and maintained allegiance to their 
 legitimate sovereign, while any hope remained of receiving from him 
 protection for their property and their lives. 
 
 " Without making any unnecessary innovation in the established 
 principles of the government, we had voluntarily adopted certain regu- 
 lations, in concert with our First Magistrate, for the express purpose 
 of preserving this Territory, and showing our attachment to the 
 government which had heretofore protected us. This compact 
 which was entered into with good faith on our part, will forever 
 remain an honorable testimony of our upright intentions and invio- 
 lable fidelity to our king and parent country, while so much as a 
 shadow of legitimate authority remained to be exercised over us. 
 We sought only a speedy remedy for such evils as seemed to endan- 
 ger our existence and prosperity, and were encouraged by our Gov- 
 ernor with solemn promises of assistance and co-operation. But 
 those measures, which were intended for our preservation, he has 
 endeavored to pervert into an engine of destruction, by encouraging 
 in the most perfidious manner, the violation of ordinances sanctioned 
 and established by himself as the law of the land. 
 
 " Being thus left without any hope of protection from the mother 
 country, betrayed by the magistrate whose duty it was to have pro- 
 vided for the safety and tranquillity of the people and government 
 committed to his charge, and exposed to all the evils of a state of 
 anarchy, which we have so long endeavored to avert, it becomes our 
 duty to provide for our own security, as a free and independent state, 
 absolved from all allegiance to a government which no longer pro- 
 tects us. 
 
 "We, therefore, the representatives aforesaid, appealing to the 
 Supreme Ruler of the world for the rectitude of our intentions, do 
 solemnly publish and declare the several districts composing this 
 Territory of West Florida to be a free and independetit State ; and 
 that they have a right to institute for themselves such form of govern- 
 ment as they may think conducive to their safety and happiness ; to 
 form treaties ; to establish commerce ; to provide for their com- 
 
32 Wt'si Florida. [232 
 
 Meanwhile Thomas and the militia were engaged in 
 taking forcible possession of Spanish military defenses. 
 According to some accounts, De Lassus had absented him- 
 self from his post and left in command young Louis de 
 Grandpre, grandson of Carlos de Grandpre, former gov- 
 ernor, but in reality he was within the fort, tradition says, 
 in hiding, and it was because of his cowardice that his 
 young lieutenant assumed charge of the defenses. 
 
 Grandpre was besieged in Baton Rouge, and after a 
 gallant and stubborn resistance, in which he lost his life, 
 the post surrendered to the forces of the convention. 
 
 Thus was the birth of a new American State proclaimed, 
 and thus did a people wrest from a potentate their liberty 
 and independence. In order to better continue in the en- 
 joyment of these acquired privileges, application was made 
 for admission into the Union. A copy of the "declaration" 
 was forwarded to the President of the United States, 
 through Governor Holmes of the Mississippi Territory, 
 
 mon defence ; and to do all acts which may, of right, be done by a 
 sovereign and independent nation ; at the same time declaring all 
 acts, within the said Territory of West Florida, after this date, by 
 any tribunals or authorities not deriving their powers from the peo- 
 ple, agreeably to the provisions established by this Convention, to be 
 null and void ; and calling upon all foreign nations to respect this 
 declaration, acknowledging our independence, and giving us such 
 aid as may be consistent with the laws and usages of nations." 
 (Gayarr^ : Hist, of La., Vol. 2, pp. 231-233.) 
 
 Gayarr^ finds it strange that in this document of the revolters, 
 allusion is made to the " fidehty with which they had professed and 
 maintained allegiance to their legitimate sovereign," and to their 
 solicitude to proclaim that " they had not taken arms against the 
 king." (Hist, of La., Vol. 4, p. 231.) He seems not to have had 
 access to data concerning the previous uprising of the West Floridians, 
 in which they declared their continued allegiance to the king, and 
 had in view only the bettering of the government and stricter admin- 
 istration of justice, while continuing the Spanish governor, DeLassus, 
 in office. This is what the declarers meant in alluding to their past 
 loyalty — that their former movement had not been insurrectionary. 
 With their present movement they did not couple their expressions 
 of loyalty. 
 
233] The Third West Florida. 33 
 
 and Rhea, writing under date of October lo, opened com- 
 munication with the Secretary of State at Washington, with 
 a view to either admission or annexation. Inasmuch as the 
 inhabitants had risked both blood and treasure in the ac- 
 quirement of the territory, it was sought to reserve the 
 pubHc lands to their exclusive benefit/ October 27, Presi- 
 dent Madison issued his proclamation declaring West 
 Florida under the jurisdiction of the United States. Gov- 
 ernor Claiborne of Orleans Territory was ordered to take 
 possession, and, repairing to Natchez, he organized a small 
 force of mounted milita, entered West Florida, and at St, 
 Francisville, one of the principal towns of the Territory, 
 raised the flag of the United States. No opposition was 
 encountered. 
 
 The beginning of the "Free and Independent State of 
 West Florida" dates with the assembling of the convention, 
 September 23, 1810; and its career terminates with the 
 raising of the flag of the United States at St. Francisville, 
 December 6, of the same year. Yet brief as was this career, 
 it was nevertheless active. When the Spanish authorities 
 of Baton Rouge were deposed, it was anticipated that Gov- 
 ernor Folch would attempt to interfere with the organiza- 
 tion of the little republic. So the convention posted a line 
 of sentinels along the banks of the Pearl river, the eastern 
 boundary of the part of West Florida in revolt. The main- 
 tenance of this line was found to be an uncertain and ex- 
 pensive means of safety against attack. It was determined 
 to settle the matter at once by a resort to arms. War was 
 declared against Mobile. An expedition under the com- 
 mand of Colonel Reuben Kemper^ made its way to the 
 
 ^ The claim of the West Floridians to their public domain was 
 rejected upon the theory that West Florida already belonged to the 
 United States as a part of the Louisiana Territory purchase. 
 
 ^ Kemper was one of three gigantic brothers, living in the neigh- 
 boring Mississippi Territory, all of whom had previously incurred 
 the displeasure of the Spanish authorities. One of them had been 
 imprisoned, since which time the Spaniards had no foe more relent- 
 less than the Kempers. 
 3 
 
34 Wesi Florida. [234 
 
 shores of Mobile bay; but, being poorly equipped, was 
 compelled to defer its attack until a supply of arms and 
 munitions could be procured. An agent of Kemper man- 
 aged to purchase of Henri de la Francia, a citizen of Baton 
 Rouge, a lot of arms,^and the convention brought a flat- 
 boat load of Western produce, transferred it to a keel-boat, 
 and sent it to the relief of Kemper. 
 
 Governor Folch was completely demoralized at the dis- 
 play of force made by Kemper; he wrote, December 3, to 
 President Madison, imploring the Government of the 
 United States to send the garrison of Fort Stoddard to 
 help him "drive Reuben Kemper back to Baton Rouge," 
 and to send commissioners with power to treat for the 
 transfer of Mobile and the rest of the province of West 
 Florida to the United States. Three days later, Claiborne 
 reached St. Francisville. Kemper and his men, being with- 
 out governmental authority to sustain them in their un- 
 dertaking, made their way back. 
 
 The annexation of West Florida called forth protests from 
 Spain and Great Britain.' Indeed, such was the attitude 
 of the latter that Congress passed secret acts authorizing 
 the President to take temporary possession of East Florida 
 (Jan. 15 and Mar. 3, 181 1) should England, persisting in 
 the idea that there was a territorial grab game going on 
 without her participation, endeavor to seize East Florida.* 
 
 ^ It is interesting to note that these same arms formed a part of the 
 much-needed equipment which General Jackson, five years later, 
 with difficulty collected for the defence of New Orleans agairst the 
 British. 
 
 ^ " I deem it incumbent upon me," said Mr. Morier, Great Britain's 
 representative at Washington, to the Secretary of the State, on the 
 15th of December, "considering the strict and close alliance which 
 subsists between His Majesty's Government and that of Spain, to 
 express to the Government of the United States, through you, the 
 deep regret with which I have seen that part of the President's mes- 
 sage to Congress, in which the determination of this government to 
 take possession of West Florida is avowed." (Gayarr6: Hist, of La., 
 Vol. 4, p. 241.) 
 
 ^See Winsor : Nar. and Crit. Hist, of America, Vol. 7, p. 546. 
 
235] The Third West Florida. 35 
 
 Indeed, in 1814, General Jackson, commanding the military 
 defenses of the South in the war of 1812, was under the 
 necessity of invading the Spanish province to drive British 
 forces from Pensacola. 
 
 January 22, 181 2, by act of Congress, Louisiana was ad- 
 mitted to the American Union as a State. April 14 follow- 
 ing, an act adding that part of West Florida lying between 
 the Pearl and Mississippi rivers to Louisiana as constituted, 
 was approved by the President. Thus, after many cruises 
 in various jurisdictional seas, the West Florida ship of 
 State finally came to permanent anchorage in undisturbed 
 waters, its memory still preserved in every allusion to the 
 "Florida Parishes" of Louisiana. 
 
Part II. 
 
 The Madison-Livingston Theory of West 
 Florida Acquirement. 
 
Part II. 
 
 THE MADISON-LIVINGSTON THEORY OF WEST 
 FLORIDA ACQUIREMENT. 
 
 I. — Mr. Madison's Acceptance of Mr. Livingston's 
 
 View. 
 
 In the beginning of this paper reference was made to the 
 fact that a number of historical works give the Hmits of 
 the Louisiana purchase as extending eastward to the Per- 
 dido river. The first intimation of this extension came 
 from Mr. Livingston, Minister to France, who in a letter to 
 Secretary of State Madison, of date May 20, 1803, exactly 
 twenty days after the treaty was signed which ceded Louis- 
 iana to the United States, alludes to a conversation held 
 with Marbois,^ in which the latter stated as an historic! 
 fact that Mobile was once a part of French Louisiana. Mr.] 
 Livingston then analyzes the clause in the treaty of Ilde- 
 fonso, which specifies that the Louisiana therein ceded to 
 France was of "the same extent it now has in the hands 
 of Spain, and which it had when France possessed it," and 
 deduces therefrom an acquired right of the United States 
 to the greater part of the territory of West Florida as in- 
 cluded in the Louisiana purchase. He advises strongly 
 that Madison adopt this view and insist upon the boun- 
 daries thus extended. Madison did so, and this view be- 
 came an established opinion which actuated him after he 
 had become President of the United States. Either this 
 view was wrongly taken, or such careful investigators as 
 McMaster, Hart, and others are in error. 
 
 ' French Minister of Foreign Affairs and author of an excellent his- 
 tory of Louisiana. 
 
40 Wesi Florida. [240 
 
 It should be remembered that the desire of the United 
 States at no time, either by popular discussion or Presi- 
 dential letter of instructions, extended to the possession 
 of territory west of the Mississippi river. This river was 
 looked upon as a natural boundary. The acquirement of 
 the Floridas and the island of New Orleans would extend 
 this boundary along the whole length of the river to the 
 Gulf, which was an object greatly to be desired by the 
 young republic. 
 
 Livingston was authorized to negotiate for the cession, 
 by treaty or sale, to the United States of the island of New 
 Orleans and the Floridas, if not East Florida at least West 
 Florida. Even after the purchase of Louisiana was con- 
 cluded, Monroe was instructed by Madison to continue 
 and press the negotiations for the acquirement of the 
 Floridas. The importance of these to the United States 
 is indicated by the persistent diplomacy, covermg a period 
 of more than sixteen years, which the Federal Government 
 employed in holding to the idea that Florida must be ours. 
 
 A negotiation which aimed at the acquirement of Florida 
 and resulted in the acquirement of the west bank of the 
 Mississippi, was a partial administrative failure. Little or 
 nothing was known of the West in those days ; the frontier 
 civilization had but a short time previous been moved beyond 
 the Alleghanies. What was wanted, was not land beyond 
 the river, but removal of the barriers which barred egress 
 to the Gulf. 
 
 Jefiferson, President when Louisiana was purchased, was 
 borne into ofifice by the popularity of the principles he rep- 
 resented. The continuance of his party in power depended, 
 in those days of unstocked conventions and free expres- 
 sion of the people's will, upon the success of the adminis- 
 tration in executing the will and desires of the people. 
 
 Secretary of State Madison was, therefore, more than 
 willing to grasp at the straw of West Florida acquirement 
 held out by Livingston. 
 
241] The Basis of Mr. Livingston' s Claim. 41 
 
 y/ II. — The Basis of Mr. Livingston's Claim. 
 
 An examination of the correspondence which passed 
 between Livingston, while Minister to France, and Secre- 
 tary of State Madison betrays unmistakably the motive 
 which actuated Livingston in claiming West Florida to 
 the Perdido as included in the Louisiana purchase. 
 
 Taking up the correspondence at that point where Liv- 
 ingston is not yet fully sure of the fact that Spain had 
 secretly ceded Louisiana to France,^ we find him ascrib- 
 ing as a reason why the French Minister will give him no 
 information, the fact that a difiference exists between France 
 and Spain in regard to the limits of the ceded province^ 
 — whether they included the Floridas or not, France so 
 -claiming, and Spain denying. He further adds in the same 
 letter: "The French government had probably no doubt 
 until we started it." This is a remarkable admission. The 
 United States wants to know who owns West Florida. The 
 mere asking suggests to France doubtful ownership. A 
 -claim-all spirit manifests itself. The letter also shows Spain 
 consistently maintaining her claim to Florida. This, com- 
 ing between the Louisiana retrocession and purchase is 
 significant. 
 
 The correspondence then indicates some uncertainty in 
 Livingston's mind as to whom he should apply in order 
 to execute his commission of buying West Florida. May 
 28, he presumes to Spanish Ambassador d'Azara, "the 
 Floridas are not included" in the St. Ildefonso cession. 
 September i,^ he has "every reason to believe the Floridas 
 are not included." November 2, he writes:* "Florida is 
 not, as I before told you, included in the cession." Novem- 
 ber II, we find him writing:^ "In my letter to the Presi- 
 
 ^ Letter of December 10, 1801. 
 
 ' Letter of May 28, 1802. 
 
 ^ Livingston to Madison, September i, 1802. 
 
 * Livingston to Madison, November 2, 1802. 
 
 * Livingston to Madison. November 11, 1802. 
 
v/ 
 
 42 West Florida. [242 
 
 dent, I informed him that General Bornouville had gone 
 post-haste to Spain, and that I had reason to think he had 
 it in charge to obtain the Floridas." November 14, he has 
 "obtained accurate information"' of the ofTer to be made by 
 France for Florida.^ December 20, he writes:^ "France 
 has not yet got Florida." 
 
 At the time Livingston is thus writing to his home gov- 
 ernment his positive statements in regard to France's non- 
 acquirement of Florida, we find him "presuming the Flor- 
 idas are in the hands of France" in a communication to the 
 French Minister of Foreign Relations," and then communi- 
 cating to Madison : "The Floridas, not yet ceded."* "The 
 essential fact for us is that the Floridas are not yet ceded."5 
 "Florida is not yet ceded, nor, as I hope, likely to be so."® 
 
 In reading the letters of Livingston one gets an un- 
 pleasant sense of helplessness displayed upon the part of 
 our diplomatic representative. For more than a year his 
 messages to his home government tell the monotonous 
 story of nothing definitely accomplished. The presidential 
 election was near at hand, and there was nothing as yet 
 to report to the American people. Thus it was that the 
 I halting forces of American diplomacy at Paris were re-en- 
 forced and James Monroe sent as Minister Plenipotentiary 
 and Envoy Extraordinary to hasten a victory. 
 
 March 3, 1803, Livingston writes in reply to the notifi- 
 cation of Monroe's appointment, just received, and wishes 
 Monroe success, adding the familiar refrain "The Floridas 
 are still in the hands of Spain." From the time Monroe 
 reaches Paris, and becomes co-signer with Livingston of 
 the letters to Madison, reporting progress, there is seen a 
 radical change in the tone and spirit of these letters. Di- 
 
 ^ Livingston to Madison, November 14, 1S02. 
 ^ Livingston to Madison, December 20, 1802. 
 ' Livingston to Minister Foreign Relations, January 10, 1803. 
 
 * Livingston to Madison, February 5, 1803. 
 
 * Livingston to Madison, February 18, 1803. 
 
 * Livingston to Madison, March 24, 1803. 
 
243] The Basis of Mr. Livmgston's Claim. 43 
 
 rectness and "business" animate them. These qualities in 
 Monroe, with the opportune time of his arrival, brought 
 speedy results, for less than a month after his arrival, 
 Lousiana, with its magnificent domain, passed by treaty of 
 purchase to the possession of the United 'States (April 30, 
 1803.) 
 
 Monroe's appointment and the speedy conclusion of 
 Louisiana cession after his arrival, was a source of chagrin 
 to Livingston. He had written,^ after receiving the noti- 
 fication of Monroe's appointment, and before Monroe's 
 arrival in Paris, "With respect to the negotiation for Louis- 
 iana, I think nothing will be effected here." His personal 
 feeling in the matter is manifest in his letters of March 18, 
 1803, and June 25, 1803. "I cannot but wish, sir," he 
 writes in the first, "that my fellow citizens should not be 
 led to believe from Mr. Monroe's appointment, that I had 
 been neglectful of their interests." And in the last named 
 he claims that his management and diplomacy had brought 
 the French government to terms before Monroe's arrival. 
 
 As time passed on Livingston realized that a great event 
 had taken place, and that there were indications that his 
 name would go down in history as taking a secondary part 
 therein. Note how he holds himself up to Secretary Madi- 
 son:^ "I this day got a sight of a letter from the minister, 
 containing directions for giving up the country, and assign- 
 ing the reason for the cession. I was much flattered to find 
 their reasons drawn from the memoir I had presented." By 
 November the idea that he principally had achieved the 
 Louisiana purchase had so grown that we find him con- 
 ceding as follows:^ "There is no doubt Mr. Monroe's 
 talents and address would have enabled him, had he been 
 placed in my circumstances, to have effected what I have 
 done. But he came too late to do more than assent to the 
 
 ^ Livingston to President Jefferson, March 12, 1803. 
 ^Livingston to Madison, July 30, 1803. 
 'Livingston to Madison, November 15, 1803. 
 
44 Wesl Florida. [244 
 
 proposition that was made us and to aid in reducing it to 
 form." This letter also refers to some feeling on the part 
 of Mr. Livingston's friends that Monroe should be men- 
 tioned in the papers at home as acting minister, and that 
 he (Livingston) 'was not the principal agent in treating 
 with France. 
 
 The foregoing gives us the key to Mr. Livingston's sud- 
 den change of conviction concerning West Florida when 
 Minister Marbois intimated that Mobile was once a part 
 of Colonial Louisiana. It had been and was the desire of 
 the United States to acquire West Florida and the Island 
 of Orleans. Monroe had assented to the purchase of Lou- 
 isiana instead. If Livingston could formulate a reasonable 
 theory upon which the United States could base a claim to 
 West Florida the glory would be his and his alone. Per- 
 haps his friends at home who were so solicitous in regard 
 to his not being subordinated to Mr. Monroe, might even 
 persuade a grateful people to confer upon him the highest 
 honor within their gift, an honor afterwards conferred upon 
 his colleague. 
 
 To substantiate this view it will be noted that Livingston, 
 at a time when official communications to the Department 
 of State at Washington, from the American mission in 
 Paris, were being signed by both Monroe and himself, 
 writes over his own signature, and evidently without con- 
 sulting his colleague, his advice to claim West Florida and 
 his argument therefor. This letter bears date of May 20, 
 1803, and it is not until June 7, that Monroe and Living- 
 ston are jointly and officially "happy to have it in our power 
 to inform you that on a thorough examination of the sub- 
 ject, we consider it incontrovertible that West Florida is 
 comprised in the cession of Louisiana."' 
 
 Here is Mr. Livingston's personal letter of May 20: 
 
 "I informed you long since that on inquiring whether 
 the Floridas were within the cession of Spain, I was told 
 
 ' Monroe and Livingston to Madison, June 7, 1803. 
 
245] The Basis of Mr. Livingston^ s Claim. 45 
 
 by M. Marbois he was sure that Mobile was, but could not 
 answer further. I believed the information incorrect be- 
 cause I understood that Louisiana as it then was, made 
 the object of the cession, and that since the possession of 
 the Floridas by Britain, they had changed their names. 
 But the moment I saw the words of the treaty of Madrid 
 I had no doubt but it included all the country that France 
 possessed by the name of Louisiana previous to their ces- 
 sion to Spain, except what had been conveyed by subse- 
 quent treaties. I accordingly insisted with M. Marbois at 
 the time we negotiated, that this would be considered as 
 part of our purchase. He neither assented or denied, but 
 said all they received from Spain was intended to be con- 
 veyed to us. That my construction was right is fairly to 
 be inferred from the words of the treaties and from a com- 
 ment upon them contained in the Spanish Minister's let- 
 ter to Mr. Pinckney, in which he expressly says that 
 France had received Louisiana as it formerly belonged to 
 her saving the rights of other Powers. This leaves no doubt 
 upon the subject of the intention of the contracting parties. 
 Now it is well known that Louisiana as possessed by 
 France was bounded by the Perdido, and that Mobile was 
 the metropolis. [ ?] For the facts relative to this I refer you 
 to Raynal and to his maps. I have also seen maps here 
 which put the matter out of doubt. 
 
 "I called upon M. Marbois for a further explanation on 
 this subject and to remind him of his having told me that 
 Mobile made a part of the cession. He told me he had no 
 precise idea on the subject, but that he knew it to be a his- 
 torical fact, and that on that only he had passed his opin- 
 ion. I asked him what orders had been given to the Pre- 
 fect who was to take possession, or what orders had been 
 given by Spain as to boundary in ceding it. He assured 
 me that he did not know, but that he would make inquiry 
 and let me know. At four o'clock I called for Mr. Mon- 
 roe to take him to the Minister of Foreign Afifairs, but he 
 was prevented from accompanying me. I asked the Minis- 
 ter what were the eastern boundaries of the territory ceded 
 to us. He said he did not know; we must take it as they 
 had received it. I asked him how Spain meant to give 
 them possession? He said according to the words of the 
 treaty. But what did you mean to take? I do not know., 
 Then you mean we shall construe it in our own way? I ; 
 can give you no directions; you have made a noble bar— j 
 
46 IVesl Florida. [246 
 
 gain for yourselves and I suppose you will make the most 
 of it. 
 
 "Now, sir, the sum of this business is, to recommend to 
 jou in the strongest terms, after having obtained the pos- 
 , session that the French commissary will give you, to insist 
 j upon this as a part of your right, and to take possession 
 ' at all events to the river Perdido. I pledge myself that 
 your right is good; and after the explanations that have 
 been given here you need apprehend nothing from a deci- 
 sive measure. Your Minister here and at Madrid can sup- 
 port your claim, and the time is peculiarly favorable to en- 
 able you to do it without the smallest risk at home. It may 
 also be important to anticipate any designs that Britain 
 may have upon that country. Should she possess herself of 
 it and the war terminate favorably, she will not readily re- 
 linquish it. With this in your hand East Florida will be of 
 little moment and may be yours whenever you please. At 
 all events proclaim your right and take possession." 
 
 In view of the facts as previously reported by Mr. Living- 
 ston that Spain denied from the first having included West 
 Florida in the St.Ildefonso cession ; that France was wholly 
 I in ignorance of having acquired any claim to West Florida 
 until Mr. Livingston's inquiries suggested that claim be 
 made ; and that France negotiated anew for the Floridas 
 after the St. Ildefonso cession, thus showing France's St. 
 Ildefonso claim to Florida being specious and untenable 
 these facts render comment on. the letter unnecessary, par- 
 ticularly as we have considered the treaty phase of the sub- 
 ject in another place. 
 
 Madison made the claim as directed, but the United 
 States did not take possession of West Florida when Louis- 
 iana passed into her hands. But for the successful revolt 
 of the West Floridians in 1810, and their application for 
 admission or annexation, the title to West Florida would 
 have been an open question until 1819. As it was, the treaty 
 making cession of Florida to the United States specified 
 East and West Florida.' 
 
 * This claim certainly did not impress the mind of President Jeffer- 
 son very forcibly, for we find him writing, in 1809, after his retire- 
 
247] Successive Jurisdictional Rights to West Florida. 47 
 
 III. — A Resume of Successive Jurisdictional Rights 
 TO THE Territory of West Florida. 
 
 The successive changes in the jurisdictional right to West 
 Florida may be summarized as follows: 
 
 1512 to 1699 Spain's by right of Discovery and Explora- 
 tion. 
 
 1699 to 1763 France's by right of Occupancy. 
 
 1763 to 1783 England's by right of Treaty. 
 
 1783 to 1810 Spain's by right of Conquest. 
 
 1810 (Sept. 26) to 1810 (Oct. 27) Independent by Declar- 
 ation and Revolt. 
 
 1810 (Oct. 27) to 1812 (April 14) United States Territory 
 by Annexation. 
 
 181 2 (April 14) to .... Louisiana's by Act of Congress. 
 
 The original right of Spain to the Gulf coast by discovery 
 and exploration cannot be gainsaid. But discovery only fur- 
 nishes an inchoate title to possession in the discoverer. '^ 
 ■Grotius, Puffendorf and Pothier all agree that to complete 
 title, the right to the thing and the possession of the thing 
 should be united. Spain united her right to Florida with 
 her possession of Florida when she established permanent 
 settlements at St. Augustine (1565) and at Pensacola 
 (1699). 
 
 When France laid claim to the lower Mississippi Valley, ' 
 her title was a questionable one. The region had already '■•' 
 been discovered, explored and claimed. Her right could • 
 
 ment : " [Bonaparte] would give us the Floridas to withhold inter- 
 course with the residue of those [the Spanish] colonies. But that is 
 no price ; because they are ours in the first moment of the first war ; 
 and until a war, they are of no particular necessity to us . . ." This 
 is a virtual acknowledgment, by one preeminently qualified to know, 
 that the acquirement of the Floridas was a matter for future con- 
 sideration, and that neither one of the Floridas had come into pos- 
 session of the United States by the Louisiana purchase. See John 
 T. Morse, Jr.? Thomas Jefferson, p. 322. (American Statesmen 
 Series. ) 
 ^ Phillimore : International Law, Vol. i, p. 268. J 
 
48 Wgst Florida. [248 
 
 have been set aside at any time, as it subsequently was by 
 England in the Ohio Valley, had her national strength not 
 been such as to preclude a weaker nation such as Spain 
 from successfully resisting encroachment. Long years of 
 undisturbed occupancy bettered France's claim. 
 
 When France, Spain, and Great Britain were made par- 
 ties to the treaty 1763, which ceded Louisiana to Spain and 
 Florida to Great Britain, valid title by possession of her 
 part of the ceded territory was acquired by Great Britain 
 at once (1763). 
 
 Spain failed to make good by occupancy her title until 
 1769, when O'Reilly took formal possession. For six years, 
 therefore, the Louisiana as France possessed it, and as 
 "^ Spain received it, included no territory between the Miss- 
 issippi and Perdido rivers. 
 
 P In 1779-81 Spain acquired West Florida, as well as East 
 \J I Florida by right of conquest, confirmed by treaty of 1783. 
 
 'By no logical process of reasoning can it be shown that 
 Spain's independent title to West Florida thus acquired 
 should be included in Spain's previously acquired title to 
 Louisiana and the island of New Orleans. 
 
 Unquestionably France's title to Louisiana reacquired by 
 the secret treaty of St. Ildefonso was invalidated by her fail- 
 ure to return the promised consideration. Contracts be- 
 tween nations should be held as inviolable as contracts be- 
 tween individuals, and the fact that no tribunal exists to ad- 
 minister international justice and compel nations to act in 
 conformity with moral law and international rights, is no 
 reason why historians should side with might in error 
 as against right in misfortune.^ 
 
 ^ It has sometimes been said that there can be no laws between 
 nations, because they acknowledge no common superior authority, 
 no international executive capable of enforcing the precepts of inter- 
 national law. 
 
 This confounds two distinct things, viz.: the physical sanction 
 which law derives from being enforced by superior power, and the 
 moral sanction conferred on it by the fundamental principle of right. 
 
 International justice would not be less deserving of that appella- 
 
249] Successive Jurisdictional Rights to West Florida. 49 
 
 Spain's weakness prevented her from doing more than 
 protest against the bad faith which actuated Napoleon in 
 seUing Louisiana. This she did.' But however unheeded 
 went this protest, Spain upheld her claim to the Floridas 
 and consistently insisted from beginning to end of the ter- 
 ritorial controversy with the United States that no just 
 interpretation of the St. Ildefonso treaty and of its resultant 
 Louisiana purchase treaty would include any part of West 
 Florida in the Louisiana retroceded to France and sold by 
 that nation to the United States. 
 
 Article III of the St. Ildefonso treaty, secretly concluded 
 October i, 1800, reads as follows:-' 
 
 "His Catholic majesty promises and engages on his part, 
 to cede to the French Republic, six months after the full 
 and entire execution of the conditions and stipulations 
 herein relative to his royal highness the Duke of Parma, 
 the colony or province of Louisiana, with the same extent 
 that it has now in the hands of Spain, and that it had when 
 France possessed it; and such as it should be after the 
 treaties subsequently entered into between Spain and the 
 other States." 
 
 The '^extent that it nozv has in the hands of Spain" did not 
 mean to include West Florida, for the latter was separate 
 from Louisiana in the Spanish mind; and in governmental 
 ordinances and treaties the Floridas are always specified 
 as distinct from Louisiana, Cuba and other Spanish pos- 
 sessions.' "And that it had when France possessed it." 
 When France possessed it between 1763 and 1769, as we 
 
 lion if the sanctions of it were wholly incapable of being enforced. 
 (Phillimore : Commentaries upon International Law, Vol. i, p. 75.) 
 
 ^Letters of September 4 and September 27, 1S03, from Marquis de 
 Casa Yrujo, Minister of Spain, to Secretary Madison, hold that (i) 
 France had renounced right of alienating the acquired territory ; (2) 
 had neglected to carry out provisions of the St. Ildefonso treaty in 
 regard to the Duke of Parma. 
 
 ^ Martens : Recueil de Trait^s, Vol. 10, p. 467. 
 
 •'' Galvez held the commission of Governor-General of Cuba, the 
 Floridas and Louisiana. 
 4 
 
50 IVesi Florida. [250 
 
 have seen, it did not include West Florida. "And such as 
 it should be after the treaties subsequently entered into be- 
 tiueen Spain and other States." Spain entered into no treaty 
 with other States relative to Louisiana until she ceded it 
 back to France in 1800. She had. however, entered into 
 two treaties in regard to the Floridas; one with England, 
 acquiring possession of them (1783), and the other with 
 the United States, fixing their northern boundary (1795). 
 
 The Louisiana ceded to Spain by France, and retroceded 
 by Spain to France, did not extend to the Perdido river. 
 The only territory east of the Mississippi river included 
 in the Louisiana transferred and retransferred, was the tri- 
 angular portion extending from Bayou Manchac and the 
 lakes, down the east bank of the Mississippi to its mouth, 
 and known as the Island of Orleans. 
 
 No better argument can be made to support this state- 
 ment than the unanswerable letter of Tallyrand here ap- 
 pended. Monroe had written Tallyrand under date of Nov. 
 8, 1804, to invoke his support in the cause of the United 
 States in its claim to West Florida, as Tallyrand was fully 
 conversant with facts connected with the secret St. Ilde- 
 fonso treaty.^ Tallyrand replies as follows: 
 
 "France, in giving up Louisiana to the United States, 
 transferred to them all the rights over that territory which 
 she had acquired from Spain. She covild not nor did she 
 wish to cede any other; and that no room might be left for 
 doubt in this respect, she repeated in her treaty of 30th of 
 April, 1803, the literal expression of the treaty of St. Ilde- 
 fonso, by which she had acquired that colony two years 
 i before. Nor was it stipulated in her treaty of the year 
 
 1 While the general reputation of Tallyrand would cause one to 
 hesitate before ascribing to any utterance of his undue weight, yet 
 the letter cited bears every mark of sincerity, and may well be taken 
 as strong corroborative testimony. J. L. M. Curry maintains that 
 this letter decidedly weakened the contention of the United States 
 that Louisiana, as purchased, extended to the Perdido river. See 
 Curry: "Acquisition of Florida", Magazine of American History, for 
 April, 1888. 
 
251] Sticcessive Jurisdictional Rights to West Florida. 51 
 
 i8oi that the acquisition of Louisiana by France was a 
 retrocession: that is to say that Spain restored to France 
 what she had received from her in 1762. At that period 
 she had received the territory bounded on the east by the 
 Mississippi, the river Iberville, the lakes Maurepas and 
 Pontchartrain: the same day France ceded to England by 
 the preliminaries of peace, all the territory to the eastward. 
 Of this Spain had received no part and could therefore give 
 back none to France. 
 
 "All the territory lying to the eastward of the Mississippi 
 and south of the 32d degree of north latitude bears the 
 name of Florida. It has been constantly designated in that 
 way during the time that Spain held it: it bears the same 
 name in the treaties of limits between Spain and the United 
 States : and in different notes of Mr. Livingston of a later 
 date than the treaty of retrocession in which the name of 
 Louisiana is given to the territory on the west side of the 
 Mississippi: of Florida to that on the east side of it. 
 
 "According to this designation thus consecrated by time 
 even prior to the period when Spain began to possess the 
 whole territory between the 31st degree, the Mississippi, 
 and the sea, the country ought in good faith and justice 
 to be distinguished from Louisiana. 
 
 "Your Excellency knows that before the preliminaries of 
 1762, confirmed by the treaty of 1763 the French posses- 
 sions situated near the Mississippi extended as far from 
 the east of this river toward the Ohio and Illinois as in the 
 quarter of Mobile ; and you must think it as unnatural, after 
 all the changes of sovereignty which that part of America 
 has undergone to give the name of Louisiana to the Mobile 
 district as to territory more to the north of it, on the same 
 bank of the river, which formerly belonged to France. 
 
 "These observations, sir, will be sufficient to dispel every 
 kind of doubt with regard to the extent of the retrocession 
 made by Spain to France in the month Vendemiaire, year 
 9. It was under this impression that the Spanish and 
 French Plenipotentiaries negotiated and it was under this 
 impression that I have since had occasion to give the ne- 
 cessary explanations when a project was formed to take 
 possession of it. I have laid before his Imperial Majesty 
 the negociations of Madrid which preceded the treaty of 
 1 80 1 and his Majesty is convinced that during the whole 
 course of these negociations, the Spanish Government has 
 constantly refused to cede any part of the Floridas, even 
 from the Mississippi to Mobile. 
 
52 Wesf Florida. [252 
 
 "His Imperial Majesty has, moreover, authorized me to 
 declare to you that at the beginning of the year II, Gen. 
 Bournouville was charged to open a new negociation with 
 Spain for the acquisition of the Floridas. His project which 
 has not been followed by any treaty is an evident proof that 
 France had not acquired by the treaty retroceding Louis- 
 iana the country east of the Mississippi." 
 
 Future contributors to the history and cartography of the 
 United States will do well to investigate the subject as out- 
 lined in this paper, and by way of suggestion a map is 
 appended indicating the corrections to be made in maps 
 showing acquirements of territory by the United States, if 
 the views set forth in this paper be found substantially cor- 
 rect. 
 
CHRONOLOGY. 
 
 1 5 12 De Leon discovers Florida. 
 
 1 5 19 Pineda explores coast of West Florida. 
 
 1528 De Narvaez invades Florida. 
 
 1539-41 De Soto's expedition. 
 
 1565 Spanish settle St. Augustine. 
 
 1682 La Salle takes possession of the lower Mississippi 
 
 Valley. 
 1699 Spanish settle Pensacola. 
 
 French settle Biloxi. 
 1716 Fort Rosalie (Natchez) established. 
 1718 New Orleans founded. 
 1755 War between France and England in America begins. 
 
 1762 Preliminary Treaty between Great Britain, France, 
 
 and Spain. (Nov. 3.) 
 
 1763 Treaty of Paris. Louisiana ceded to Spain; the Flor- 
 
 idas to England. (Feb. 10.) 
 Proclamation of George III constituting province of 
 West Florida. (Oct. 7.) Johnstone, Governor. 
 
 1764 Louis XV. commissions M. d'Abadie to deliver Lou- 
 
 isiana to the Spanish representative. (April 21.) 
 
 1766 UUoa arrives in Louisiana to take possession for 
 
 Spain. (Mar. 5.) Fails to do so. 
 
 1767 Great Britain establishes 32° 28' as the northern 
 
 boundary of West Florida. Elliott, Governor. 
 
 1769 O'Reilly takes possession of Louisiana for Spain. 
 
 1770 Peter Chester becomes Governor of West Florida. 
 1775 War between England and the English colonies 
 
 in America begins. 
 
 1777 France allies herself with America. 
 
 1778 Willing's raid into West Florida. 
 
54 Chronology. [254 
 
 1779 Spain declares war against Great Britain. 
 
 Galvez, Governor of Louisiana invades West Florida; 
 captures Fort Bute. (Sept. 7.) 
 
 1780 Galvez captures Ft. Charlotte (Mobile.) (Mar. 14.) 
 
 1781 Galvez captures the English Fort at Pensacola. (May 
 
 9-) 
 1783 Treaty of Paris. The Floridas ceded by Great Britain 
 
 to Spain. 
 1795 Treaty between Spain and the United States. 31st 
 parallel decided upon as the boundary line be- 
 tween the United States and the Floridas. 
 1800 Secret Treaty of St. Ildefonso. Louisiana retroceded 
 
 to France. (Oct. 7.) 
 1803 Treaty ceding Louisiana to the United States signed. 
 (April 30.) United States takes possession of 
 Louisiana and the Island of New Orleans. (Dec. 
 20.) 
 1810 Convention of Buhler's Plains, West Florida. (June 
 10.) 
 Memorial to Gov. De Lassus by citizens of West Fla. 
 Convention of Baton Rouge. (Aug. 22-25.) 
 Treachery of De Lassus discovered. (Sept. 20.) 
 Spanish Post of Baton Rouge stormed and captured. 
 
 (Sept. 22.) 
 Independence of West Florida declared. (Sept. 26.) 
 West Florida between the Mississippi and Pearl rivers 
 annexed to the United States upon petition of the 
 West Florida revolters. President's proclamation 
 issued. (Oct. 27.) - 
 
 1812 Louisiana admitted to the Union. (Jan. 22.) An- 
 
 nexed territory of West Florida joined to the 
 State of Louisiana by Act of Congress. (April 14.) 
 Pearl-Perdido portion annexed to Mississippi 
 Territory. 
 
 1813 United States takes possession of the Mobile district 
 
 of West Florida. (April 15.) 
 
255] Chronology. 55 
 
 1819 Florida cession treaty concluded with Spain. (Feb. 
 
 22.) 
 
 1820 King of Spain ratifies Florida cession treaty. (Oct. 
 
 1821 Cession of the Floridas proclaimed. (Feb. 22.) 
 Formal transfer of the Floridas to the United States. 
 
 (July 170 
 
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/ 
 
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 Remonville. 
 
 .40. "Memoir on the Natchez War." (French's Historical Col- 
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 41 . " Remarks on the Cession of the Floridas to the United States. ' ' 
 1819. By Rattenbury. 
 
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 49. "A Short-lived American State." By H. E. Chambers (Maga- 
 zine of American History for Jan., 1892). 
 
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 CHARLES DOWNER HAZEN, Ph. D. 
 
 Professor of History, Smith College. 
 325 pp. 8vO, cloth. — |i2.0O. 
 
 This essay attempts to study and depict the opinions of Americans 
 with reference to a revolution which they followed with the most intense 
 interest. 
 
 CONTENTS. 
 
 Part L Opinion of Americans Abroad. 
 
 Thomas Jefferson hi France: — First Impressions. — A Journey 
 through France. — The Passing of the Notables. — The Interlude. 
 — The States-General. 
 
 Gouverneur Morris on the French Revolution: — Morris' 
 Political Creed. — France in the Spring of 1789. — The Constitu- 
 ent Assembly ; Its Character. — The Constituent Assembly ; Its 
 Work. — The Legislative Assembly. — The Convention. 
 
 James Monroe on the French Revolution. 
 
 Part II. Opinion ok Americans at Home. 
 
 First Movements of Public Opinion. — An Extraordinary Year 
 — 1793- — Democratic Societies. — Levelling Principles. — The Evi- 
 dence of Contemporary Literature. — Sundry Side-Lights. — The 
 Growing Opposition and its Reasons. — Conclusion. 
 
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