fore him, every thing that may aid his mind in coming to a satisfactory conclusion, it will be proper to state some political facts, avoiding carefully, whatever is not conceded on either side. at the river Dauphin, near the Mobile. The whole country, was at first claimed by the Spaniards, as its discoverers, while the French also claimed, on the ground of having, a number of years before, made some fruitless attempts to settle it. The jealousies which at first prevailed, in a short time, gave way to mutual good understanding, and acquiescence in the establishments of each other. They were even in the habit of reciprocating kind offices, and for at least fifteen years, no dispute took place between them. The settlements of the French, were at this time, principally at the Isle of Dauphin, on the Mobile, and at the old Beloxi, near the mouth of the river Perdido. The war, which broke out between the parent states, put an end to this friendly intercourse. According to Charlevoix, in the year 1719, the river Perdido, situated about half way between the Mobile, and Pensacola, was select The name of Florida, was given by Sebastian Cabot, to the whole extent of coast from North Carolina to the most northern province of New Spain; and I have seen in an old map, published before the discovery of the Mississippi, the whole of the interior, and then unexplored region, designated under that name, even to the very border of the lakes. The progressive extension of the English settlements, and those of the French on the upper and lower Mississippi, gradually lessened the extent of country called Florida, until it was at length restricted to the comparatively inconsiderable portion, now called East Florida, lying between the Perdido, and the English colony of Georgia. Dr. Postlethwayte, in his Dictionary of Commerce, publish-ed as the place of rendezvous, for ed about the year 1745, says, "cer"tain it is, that Louisiana contains "the greater part of those new "discovered lands, east and west "of the Mississippi, which at first, "had the name of Florida." The facts stated thus far, will not be denied on either side; it is true, there exists some difference of opinion, which I will notice presently, as to the precise boundary between Spanish Florida, and Lou-author before cited, was restored isiana; it is however, adınitted that this province in the hands of the French, did extend as far at least, as the Mobile river, although beyond it, the boundary was unde-pulation, is not known; certain it is, fined. the white troops and Indian auxiliaries, destined to make an attack on the Spanish fort of Pensacola. The two infant colonies, had been separated by the Perdido, which formed by tacit consent the boundary, and at which a small French post had generally been kept up. Pensacola was taken, retaken by the Spaniards, taken a second time by the French, but according to the to the original owners, by the treaty of 1721. Whether the Perdido was fixed upon as the boundary at this period, by some express sti that it is marked as such, both in maps published by England and France, long before the year 1762. The manuscript of a French officer, named Bernard De La Harp, which contains the history of Loui R siana from its settlement, for the first twenty-five years, and which was discovered some years ago at Natchitoches, expressly speaks of the Perdido as the boundary between the French and Spanish provinces,-between Florida and Louisiana. This matter is, however, of less importance, as it is admitted, that the French were in possession of the Mobile as a part of Louisiana; and as to the sandy coast towards the Perdido, it is scarcely worth a contention. For the first thirty years, after the settlement of Louisiana, by Iberville, there was scarcely any establishment on the Mississippi; the colony of Louisiana was principally to be found, in the neighbourhood of the Mobile. We now pass over a period of nearly half a century, without meeting any occurrence, which is any way material to the discussion. By the unfortunate war commenced about the year 1756, France was despoiled of nearly all her American colonies; she first lost Canada, and laid the ground work of a subsequent war, which led to the loss of all her possessions on the continent of America. Until the year 1761, Spain had kept aloof from the disputes between England and France: at this period, the celebrated family compact was entered into, by which, all those of the house of Bourbon, agreed to defend each other's possessions in whatsoever part of the world they might be situated. The scheme originated with the French minister, the duke de Choiseul, with whom, it had been for some time, a favourite idea. The greatest possible intimacy and friendship, existed at this moment, between the Spanish and French monarchs. The effect of this alliance, was to engage Spain in a war with Eng land, and which turned out most ruinous to her. The Havana, the key to her American possessions, fell into the hands of the English. France, so far from being able to afford relief to her ally, was, at this moment, in a most deplorable condition; she had neither money nor men, and was a complete bankrupt in credit; her West India possessions were at the mercy of the enemy, and the whole of Louisiana, should the war be prolonged, would fall an easy prey to the forces in the British colonies. In this situation, the English minister was able to dictate to her, the peace of a conqueror. The attitude of her affairs in Europe, was, besides, such as to render her distant and expensive colonies, in America, of little consequence. Negotiations for peace were entered into, and the preliminaries signed by France, Spain, and England, at Fontainbleau on the 3d of November, 1762, and ratified at London on the 10th of February, 1763. In this treaty, (which we shall call the treaty of '63) we find these two important articles, relating to the present subject, which we shall here transcribe. Article 7th. "In order to establish peace, on solid and durable foundations, and to remove for ever all subject of dispute with regard to the British and French territories on the continent of America; it is agreed, that for the future the confines between the dominions of his Britannic majesty, and those of his most Christian majesty, (king of France) in that part of the world, shall be irrevocably fixed, by a line drawn along the middle of the river of the Mississippi, from its source to the river Iberville, and from thence, by a line drawn along the middle of this river, and the lakes Maurepas and Ponchartrain, to the sea; and for this purpose, the most Christian king, cedes in full right, and guarantees to his Britannic majesty, the river and port of Mobile, and every thing which he possesses, or ought to possess, on the left side of the river Mississippi, except the town of Orleans, and the island on which it is situated." The grant on the part of Florida, (East Florida,) that is Pensacola and St. Augustin, and their dependencies, was made in consideration of the restoration of the Havana, and was so expressed; but it is presumable, that the cession of the immense tract of fine country, by France, conjointly with Spain, was taken into consideration; for it will not be pretended, that the barren soil of East Florida, was any thing like an equivalent to the Havana. It was only by thus joining the portion of Louisiana ceded by France, extending to the banks of the Mississippi, and rounding her territory in North America, by natural boundaries, that England, then dictating a treaty, would be content. Article 20. "His Catholic majesty, cedes and guarantees in full right to his Britannic majesty, Florida, with fort St. Augustin, and the bay of Pensacola, as well as all that Spain possesses, on the continent of North America, to the east, or to the south east of the river Mississippi, and in general, every thing that depends on the said countries, and lands, with the sovereignty, property, possession and rights, acquired by treaties or otherwise, which the Catholic king and crown of Spain, have had till now, over the said countries, lands, places and their inhabitants, so that the Catholic king cedes and makes over the whole, to the said king and crown of Great Britain." Thus it appears, that Louisiana was first divided by France, into two parts, making the middle of the Mississippi the line of separation, as far as the Iberville, and through the lakes, &c. The section lying on the left bank of the river, including what is now the Illinois, Kentucky, Tennessee, Mississippi and West Florida, she gave to England, reserving to herself the island of Orleans, and western bank of the Mississippi. It is imously declined, and not acceded to, possible for any countries to have a boundary more simple, and better defined, than that which separated these two sections. There was no survey, or calculation requisite, to ascertain this line, since it was so distinctly marked by the hand of nature. But Spain had suffered considerably from this war, into which she had been drawn, in the interruption of her commerce, the occupation of Havana, the loss of property captured there, and finally by the sacrifice of Florida. France, desirous of making amends for these losses, offered to cede the colony of Louisiana, which to Spain, would be of immense value, from its connection with New Spain, and from the covering which it would afford, for the provinces in that quarter. To France, the colony at that moment, was not of great value, since the best part of it was about to be ceded to England. It is said, however, that on the part of Spain, the acceptance of this offer, was at first, gener until after it had been reiterated.* By a secret treaty, executed on the same day, with the preliminaries of peace, (3d Nov. 1762,) but which has never been published, * Histoire General de la diplomatie Francaise, vol. 6, page 473. Louisiana was accordingly ceded in general terms. What other provisions this treaty may have contained, we do not know. It has been said, that from the want of a just 'equivalent, in the cession of this vast territory, (Spain having only incurred losses in consequence of her express stipulations in the family compact, which had proved still more ruinous to France) and from the intimate connection be'tween the two sovereignties, it may be presumed, that it had been agreed, at some future favourable opportunity, to replace France in the same situation, as she had been, before this unfortunate war. To this, it is answered, that the family compact, had been entirely in favour of France, and that the losses of Spain had been altogether on her account; that Louisiana was of little value to the former; and to the latter could not be considered as more than a just equivalent. It is certain, that such an opinion prevailed in Louisiana, where the cession was notified in the year 1764, two years after it was made, but possession was not taken, for several years subsequent to that period. The cruel and treacherous conduct of Creilly, in butchering a number of the principal inhabitants, suspected of disaffection, is mentioned, to show the understanding of the colony as to its fate. It had continued during this long interval, under the government of officers appointed by France, and the inhabitants fondly hoped that the transfer was not real. Perhaps, deception might have been practised by the French government, to reconcile the minds of the people, who were thus transferred without having been consulted. When these things are noticed, it is not with a view of giving them importance in the discussion; nothing better than mere conjecture, can be drawn from them on either side. Topics which are themselves involved in doubt, can be of little service in elucidating others. In pursuance of the treaty of 1762, ratified in 1763, England took possession of the part of Louisiana, which had been ceded to her, and which included the territory now in dispute. The limits beyond the Mobile, as we have seen, had been in doubt: it was probably in allusion to this, that the king of France, made use of the words, "and every thing which he possesses, or ought to póssess," implying, that this was a matter still to be settled and ascertained. This ceded country, had moreover, no definite boundary towards the English colonies of Georgia, Carolina and Virginia. Great Britain continued to hold this territory, for twelve or fifteen years, forming several settlements on the banks of the Mississippi, and on the Mobile. She extended the name of Florida to the Mississippi, dividing it into east and west, but as has already been said, its limits to the north were undetermined. Thus, the name of Louisiana on the east side of the Mississippi, may be said to have been extinguished, and that of Florida resumed something of its former extent. Spain taking part with the United States, in their struggle to throw off the yoke of Great Britain, was enabled to regain, not only Pensacola, St. Augustin, and all of Florida, that she had lost in the former war, but also to obtain possession of a considerable portion of what had been held by France as Louisiana. She took possession of the left bank of the Mississippi, for several hundred standing, of a great extent of ter ritory, which evidently did not fall wit in the limit assigned to her, an this for more than twenty years. Her unfriendly deportment the United States, which almost ed to an open rupture, gave rise at length to the treaty, 1795. By the 2d article of this treaty, "the southern boundary of the United States, which divides their territory from the Spanish colonies of East and West Florida, shall be designated by a line beginning on the river Mississippi, at the northernmost part of the 31st degree of latitude, north of the Equator, which from thence shall be due east," &c. corresponding with the line established by the treaty 1783. By the 4th article of this treaty," the western boundary miles above the Iberville, and of all the country which lay between the great river, and the Mobile. As the United States succeeded to the territorial rights of England this possession could only be held for their benefit; and as they had contributed to the retaking Pensacola and East Florida, there was no ground for a claim of indemnity. These things, were however amicably adjusted by the treaty of peace in 1783. By the provisional treaty between the United States, and Great Britain of the same year, the northern boundary between the Canadas and the United States, having been fixed, they proceed to say, "thence due west, to the Mississippi; thence by a line drawn along the middle of the said river, until it should intersect the northernmost part of the thirty-of the United States which sepafirst degree of north latitude: south (that is the south boundary of the United States) by a line due east, from the termination of the line last mentioned, in the latitude of 31 degrees north of the Equator, to the middle of Appalachicola, thence &c." Here was a new boundary, different from what is contained in any former treaty, and differing from the boundary (the Iberville) assigned to the part of Louisiana, which had been ceded to Spain. It also gave to the United States, a southern, and south western boundary, and settled what before had been indefinite. In this treaty, the existence of an East and West Florida was acknowledged. By the definitive treaty between England and Spain, the Floridas were ceded to the latter, making the 31st degree of latitude, the northern limit. Spain bound herself by the same treaty, to abandon all conquests not recognised by it. She continued in possession, notwith rates them from the Spanish colony of Louisiana, is in the middle of the channel or bed of the Mississippi, from the northern boundary of the United States, to the thirty-first degree of latitude, north of the Equator," &c.-The colonies of East and West Florida, were at this time, under a government distinct from that of Louisiana. According to other provisions of the treaty of 1795, Spain was to have surrendered the American posts within six months after its date, and commissioners were to be appointed to ascertain the 31st degree of latitude, and to run the line. This was delayed, principally on the part of Spain, as will appear from Mr. Ellicott's Journal, for several years, and she at last surrendered the American territory, with great reluctance. The line was at length completed about the year 1800, and the United States obtained possession. We now come, after having stated all the facts relied upon by |