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October 14, 1813
Virginia Argus
Richmond, Virginia
What is this article about?
U.S. Senate proceedings from July 1812 to February 1813 on motions, debates, and passage of a bill authorizing President Madison to occupy West Florida west of the Perdido River, amid concerns over Spanish and British intentions in East and West Florida.
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THE FLORIDAS.
CONFIDENTIAL PROCEEDINGS IN CONGRESS.
IN SENATE.
Saturday, July 31st, 1812.
On motion, by Mr. Anderson,
Ordered, That the confidential proceedings of the Senate at their last session, in relation to East Florida, be made public.
Thursday, December 10th, 1812.
Mr. Anderson submitted the following motion for consideration, which was read:
Resolved, That a committee be appointed to consider whether it be expedient to authorize the President of the United States to occupy and hold the whole or any part of East Florida, including Amelia Island, and also those parts of West Florida which are not now in possession and under the jurisdiction of the United States, with leave to report by bill or otherwise.
Tuesday, Dec. 15th, 1812.
The Senate proceeded to consider the motion submitted on the 10th inst. respecting the Floridas, and after debate,
Ordered, That the further consideration thereof be postponed to Monday next.
Wednesday, Dec. 16th, 1812.
Mr. Leib submitted the following motion for consideration:
Resolved, That the President of the United States be requested to cause to be laid before the Senate any information which he may have of the intention of the enemy to take possession of East Florida, and of the disposition of the people of that territory to be received under the protection of the government of the United States: the amount of the American force in that neighborhood, and under the command of General Wilkinson: and the quantum of Spanish or other force in St. Augustine, Pensacola, and Mobile.
Friday, Dec. 18th, 1812.
The Senate proceeded to consider the motion submitted the 16th inst. calling upon the President of the United States for information respecting East Florida; and
On motion, by Mr. Goodrich,
To amend the motion so as to read as follows:
Resolved, That the President of the U. States be requested to cause to be laid before the Senate, any information which he may have of the intention of the enemy to take possession of East Florida, and of the disposition of the people of the territory to be received under the protection of the government of the United States; the amount of the American force in that neighborhood, and under the command of General Wilkinson, and the quantum of the Spanish or other force in St. Augustine, Pensacola, and Mobile, and respecting any negotiation that may have been had for the payment of differences and claims, existing between the United States and Spain, not heretofore laid before the Senate; respecting any proposal or negotiation that may have been made, or held by or with any person or persons exercising the powers of the government of Spain, or claiming to exercise the powers of said government, or with their representative agents, for the cession of East Florida to the United States; respecting any proposal to or from the local authorities of East Florida, (not heretofore communicated,) for the cession, surrender, or occupancy thereof, to or by the United States; and also any information respecting the relations of the United States with Spain or said territory of East Florida, which the President may deem proper to communicate.
On motion, by Mr. Anderson,
Ordered, That the further consideration of the motion for amendment, be postponed to Monday next.
Tuesday, Dec. 22d, 1812.
The Senate resumed the motion made the 10th to appoint a committee to inquire into the expediency of taking possession of East Florida; and
On motion, by Mr. Smith of Maryland,
It was determined in the negative, yeas 15, nays 15.
YEAS--Messrs. Bradley, Campbell of Ohio, Dana, German, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Pope, Smith of Maryland.--15.
NAYS--Messrs. Anderson, Bibb, Campbell of Ten., Crawford, Franklin, Gaillard, Magruder, Posey, Robinson, Smith of N. York, Tait, Taylor, Turner, Varnum, Worthington.--15.
On motion, by Mr. Leib,
To strike out the words "with leave to report by bill or otherwise;"
It was determined in the negative.
On the question, to agree to the original motion.
It was determined in the affirmative, yeas 18, nays 12.
YEAS--Messrs. Anderson, Bibb, Campbell of Ohio, Campbell of Ten., Crawford, Franklin, Gaillard, Howell, Leib, Magruder, Posey, Robinson, Smith of N. York, Tait, Taylor, Turner, Varnum, Worthington.--18.
NAYS--Messrs. Bradley, Dana, German, Gilman, Goodrich, Gregg, Horsey, Hunter, Lambert, Lloyd, Pope, Smith of Maryland.--12.
Ordered, That Mr. Anderson, Mr. Goodrich, Mr. Smith of Maryland, Mr. Tait, and Mr. Varnum, be the committee.
The Senate resumed the consideration of the motion made the 16th inst. calling upon the President of the U. States for information respecting East Florida, together with the amendment proposed thereto on the 18th inst. and having agreed to the amendment;
Resolved, That the motion be agreed to as amended.
Ordered, That the Secretary lay this resolution before the President of the U. States.
Thursday, January 14th, 1813.
The following confidential message was received from the President of the United States, by Mr. Coles, his secretary.
To the Senate of the United States.
I transmit to the Senate a report of the Secretary of State, complying with their resolution of the 22d December.
JAMES MADISON.
January 14th, 1813.
The message and report were read; and
On motion, by Mr. Leib,
That they be printed confidentially for the use of the Senate.
It was agreed that the motion be postponed until to-morrow.
Friday, January 15th, 1813.
The Senate resumed the consideration of the motion made yesterday, that the message and report, respecting Florida, be printed confidentially for the use of the Senate, with the exception of the return of the number of troops and their respective stations, on the southern and western frontier.
On the question, to agree thereto it was determined in the negative, yeas 13, nays 18.
YEAS--Messrs. Gaillard, German, Gilman, Goodrich, Gregg, Horsey, Hunter, Lambert, Leib, Lloyd, Pope, Reed, Smith of Maryland--13.
NAYS--Messrs. Anderson, Bibb, Bradley, Campbell of Ten., Crawford, Cutts, Franklin, Gaillard, Howell, Magruder, Posey, Robinson, Smith of N. York, Tait, Taylor, Turner, Varnum, Worthington--18.
On motion, by Mr. Anderson
Ordered, That the message & documents therein referred to, be referred to the committee appointed the 22d December, on the same subject, to consider and report thereon.
Mr. Bradley submitted the following motion for consideration:
Resolved, That the President of the United States be requested to cause to be laid before the Senate, all letters and communications that have passed between the government of the U. States and that of Spain, or the ministers thereof, since the 9th day of January, 1804, on the subject of indemnities for spoliations committed on our commerce by her subjects before that time; and also in relation to French seizures and condemnation of our vessels in the ports of Spain, during the late war with France; together with such communications between this and the French government, as relate to the same subjects; with such instructions as have been given to the ministers of the U. States in relation to the same. And any propositions or negotiations that have been had or made with France or Spain, for ceding East Florida to the United States, previous to the 15th day of January, 1811, not heretofore communicated.
Saturday, January 16th, 1813.
The Senate proceeded to consider the motion submitted yesterday, by Mr. Bradley: and
On motion, by Mr. Campbell of Ohio,
Ordered, That the further consideration thereof be postponed until Monday next.
Monday, January 18th, 1813.
The motion submitted by Mr. Bradley on the 15th instant, was resumed and agreed to without amendment.
Ordered, That the Secretary lay the said resolution before the President of the United States.
Tuesday, January 19th, 1813.
Mr. Anderson from the committee appointed the 22d Dec. on the subject, reported the following bill.
A Bill authorising the President of the United States to take possession of a tract of country lying south of Mississippi territory and of the state of Georgia, and for other purposes.
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President be, and he is hereby authorised to occupy and hold all that tract of country called West Florida, which lies west of the river Perdido, not now in possession of the United States.
Sec. 2. And be it further enacted. That the President be, and he is hereby authorised to occupy and hold all that part of West Florida east of the Perdido, and the whole or any part of East Florida, including Amelia Island.
Sec. 3. And be it further enacted. That for the purpose of occupying and holding the country aforesaid, and of affording protection to the inhabitants thereof, under the authority of the United States, the President may employ such parts of the military and naval force of the United States, as he may deem necessary.
Sec. 4. And be it further enacted, That for defraying the necessary expenses dollars are hereby appropriated, to be paid out of any monies in the Treasury not otherwise appropriated. and to be applied for the purposes aforesaid, under the direction of the President.
Sec. 5. And be it further enacted, That until further provision be made by Congress, the President shall be and hereby is empowered to establish within the country he may acquire by this act, a temporary government, the civil and military authorities of which shall be vested in such person or persons as he may appoint. and be exercised in such manner as he may direct: Provided, That he shall take due care for the preservation of social order, and for securing to the inhabitants the enjoyments of their persons and their rights, their religion. and their property: And Provided also, That the section of country herein designated, that is situated to be eastward of the river Perdido, may be the subject of future negotiation.
The bill was read: and
Ordered, That it pass to the second reading.
Friday, January 22d, 1813.
The bill authorizing the President of the United States to take possession of a tract of country lying south of the Mississippi territory and of the state of Georgia, and for other purposes, was read the second time.
Mr. Leib submitted the following motion for consideration.
Resolved, That the documents which accompanied the President's message the 14th inst. be confidentially printed for the use of the Senate, excepting those papers which relate to the stations, and the amount of the military force of the United States and the letter of Gen. Pinckney of the 27th December.
On motion of Mr. Leib,
That the bill be now taken up and considered:
It was determined in the negative.
Monday, January 25th, 1813.
On motion of Mr. Anderson,
That the bill authorising the President of the United States to take possession of a tract of Country lying south of the Mississippi territory and of the state of Georgia, and for other purposes, be now considered;
It was determined in the negative.
The Senate proceeded to consider the motion submitted the 22d inst. by Mr. Leib; and
On motion, by Mr. Bayard,
That the further consideration thereof be postponed until to-morrow;
It was determined in the negative.
On the question to agree to the resolution?
On motion, by Mr. Reed,
It was agreed that it be taken by yeas and nays; and
On motion by Mr. Bayard, the Senate adjourned.
Tuesday, January 26th, 1813.
On motion, by Mr. Anderson,
The Senate resumed, as in committee of the whole, the consideration of the bill authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and of the state of Georgia, and for other purposes; and
On motion, by Mr. Leib,
That the further consideration of the bill be postponed, in order to consider his motion, to have printed certain documents referred to in the message of the President of the United States of the 14th instant; and
It was determined in the negative,
Mr. Gaillard was requested to take the chair: and the consideration of the bill was recurred to.
A motion was made by Mr. Smith of Maryland to strike out the second section of the bill; and
On his motion,
It was agreed to take the question by yeas and nays,
On motion, by Mr. Bradley,
Ordered, That the further consideration of the bill be postponed to, and be made the order of the day for to-morrow
On motion, by Mr. Leib,
The Senate resumed his motion submitted the 22d instant. that the documents referred to in the message of the President of the United States of the 14th instant, be printed: and the motion was amended.
Resolved, That the documents which accompanied the President's message of the 14th instant, be confidentially printed for the use of the members of the Senate, excepting those papers which relate to the stations and amount of the military force of the U. United States, the report of the Secretary of State, and the letters of General Pinckney.
On the question. to agree to the motion as amended?
It was determined in the affirmative yeas 18, nays 18
YEAS.--Messrs. Bradley, Campbell of Ohio, Campbell of Ten., Dana, German, Giles, Gilman, Goodrich, Gregg, Horsey, Hunter, Lambert, Leib, Lloyd, Pope, Posey, Reed, Smith of Maryland
NAYS.--Messrs. Anderson, Bibb, Crawford, Cutts, Franklin, Gaillard, Howell, Magruder, Robinson, Tait, Taylor, Worthington.
Mr. Tait presented the memorial of the legislature of the state of Georgia, recommending to, and soliciting Congress to authorize the President of the United States to take immediate possession of the province of East Florida, and that portion of West Florida, purchased from France but still retained by Spain; for reasons stated at large in the memorial; which was read.
The following confidential message was received from the President of the United States, by Mr. Coles, his secretary
To the Senate of the United States.
I transmit to the Senate a report of the Secretary of State, complying with their resolution of the 8th instant.
JAMES MADISON.
January 26th, 1813
The message and report were read.
WEDNESDAY, January 27th, 1813.
The following confidential message was received from the President of the United States by Mr. Coles, his secretary:
To the Senate of the United States:
I transmit to the Senate a report of the Secretary of War, complying with their resolution of the 7th inst.
JAMES MADISON.
January 27th, 1813.
The message and report were read.
Mr. Horsey submitted the following motion for consideration, which was read.
Resolved, That the injunction of secrecy in relation to the President's message of the 26th instant communicating certain papers marked A and B, in compliance with the resolution of the Senate of the 18th instant be, and the same is hereby removed.
THURSDAY, Jan. 28th, 1813.
The Senate resumed, as in committee of the whole, the consideration of the bill authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and of the state of Georgia, and for other purposes; and
On motion, by Mr. Anderson,
Ordered, That the farther consideration thereof be postponed to, and made the order of the day for, to-morrow.
The Senate proceeded to consider the motion submitted yesterday by Mr. Horsey, to remove the injunction of secrecy from certain papers; and
On motion,
Ordered That the further consideration thereof be postponed until to-morrow
FRIDAY, Jan. 29th, 1813.
Agreeably to the order of the day the Senate resumed, as in Committee of the whole, the consideration of the bill authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and of the state of Georgia, and for other purposes; and
Mr. Gaillard was requested to take the chair; and
The motion to strike out the second section of the bill was resumed; and after debate,
Adjourned
MONDAY, Feb. 1st, 1813
Agreeably to the order of the day the Senate resumed, as in committee of the whole the consideration of the bill authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and of the state of Georgia, and for other purposes, together with the motion to strike out the second section thereof; and Mr. Gaillard was requested to take the chair; and after debate,
Ordered. That the consideration thereof be further postponed until to-morrow.
Tuesday. Feb 2d. 1813.
Agreeably to the order of the day the Senate resumed as in Committee of the whole, the consideration of the bill authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and of the state of Georgia, and for other purposes, together with the motion to strike out the second section thereof; and Mr. Gaillard was requested to take the chair;
On the question, to strike out the second section as follows:
"Sec. 2. And be it further enacted, That the President be, and he is hereby authorised to occupy and hold all that part of West Florida East of the Perdido, and the whole or any part of East Florida, including Amelia Island;"
It was determined in the affirmative, yeas 19, nays 16.
YEAS--Messrs. Bayard, Bradley, Campbell of Ohio, Dana, German, Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Pope, Reed, Smith of Md., Smith of N. York--19.
NAYS--Messrs. Anderson, Bibb, Brent, Campbell of Ten., Crawford, Cutts, Franklin, Gaillard, Magruder, Posey, Robinson, Tait, Taylor, Turner, Varnum, Worthington--16.
A motion was made by Mr. Smith of Maryland, to strike out the fifth section of the bill; and
On motion,
The Senate adjourned.
Wednesday, Feb. 3d, 1813.
On motion, by Mr. Anderson,
The Senate resumed, as in committee of the whole, the consideration of the bill authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and of the state of Georgia, and for other purposes, together with the motion to strike out the fifth section: and Mr. Gaillard was requested to take the chair;
Whereupon,
Mr. Smith, of Maryland, withdrew his motion to strike out the fifth section of the bill.
A motion was made by Mr. Campbell, of Ohio, to insert in lieu of the second section stricken out, the following:
" And be it further enacted. That if hostilities shall be committed by the Spanish nation, its colonies or dependencies against the United States or if it shall be ascertained to the satisfaction of the President of the United States that the safety and security of the United States, or any part thereof, are in imminent danger from the Spanish authorities in East Florida, and in that part of West Florida lying East of the river Perdido, the President of the United States is hereby authorised to occupy the said provinces or any part thereof including Amelia Island."
Whereupon.
A motion was made by Mr. Bradley to amend the proposed section by inserting, after the word "that," in the 1st line. the following words: "upon the troops of the United States being withdrawn from the province of East Florida."
And a motion was made by Mr. Pope, that the further consideration of the bill be postponed to the first Monday in June next; and
It was determined in the negative, yeas 16, nays 17.
YEAS--Messrs. Bayard, Bradley, Dana, German, Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Lloyd, Pope, Reed, Smith of Md.--16.
NAYS--Messrs. Anderson, Bibb, Campbell of Ohio, Campbell of Ten., Crawford, Cutts, Franklin, Gaillard, Leib, Magruder, Posey, Robinson, Tait, Taylor, Turner, Varnum, Worthington.--17.
On the question to agree to the motion for amendment to the amendment;
It was determined in the negative--
The Senate being equally divided, yeas 17, nays 17.
YEAS--Messrs. Bayard, Bradley, Dana, German, Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Pope, Reed, Smith of Md.--17.
NAYS--Messrs. Anderson, Bibb, Campbell of Ohio, Campbell of Ten., Crawford, Cutts, Franklin, Gaillard, Magruder, Posey, Robinson, Smith of N. Y., Tait, Taylor, Turner, Varnum, Worthington.--17.
On the question, to agree to the motion for amending the 2d section;
It was determined in the negative, yeas 14, nays 20
YEAS--Messrs. Anderson, Campbell of Ohio, Campbell of Ten., Crawford, Cutts, Gaillard, Leib, Magruder, Posey, Robinson, Tait, Taylor, Varnum, Worthington.
NAYS--Messrs. Bayard, Bibb, Bradley, Dana, Franklin, German, Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Lloyd, Pope, Reed, Smith of Md., Smith of N. York, Turner
On motion,
It was agreed to strike out the fifth section of the bill.
On the question "Shall the bill be engrossed and read a third time as amended?"
It was determined in the affirmative.
Friday February the 5th, 1813.
The bill authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and the state of Georgia, and for other purposes, was reported by the committee correctly engrossed; and the bill was read the third time.
On motion by Mr. Anderson,
It was agreed to fill the blank with the word, "twenty thousand"
On the question, "Shall the bill pass?"
It was determined in the affirmative, yeas 22, nays 11
YEAS.--Anderson, Bayard, Bibb, Brown, Campbell of Ohio, Campbell of Ten., Crawford, Cutts, Franklin, Gaillard, Gregg, Howell, Leib, Magruder, Robinson, Smith of Maryland, Smith of N. York, Tait, Taylor, Turner, Varnum, Worthington.
NAYS.—Bradley, Dana, German, Giles, Goodrich, Horsey, Hunter, Lambert, Lloyd, Pope, Reed.
So it was
Resolved, That the bill do pass: and
On motion
It was agreed that the title thereof be
" An act authorising the President of the United States to take possession of a tract of Country lying south of the Mississippi territory and west of the river Perdido."
On motion, by Mr. Anderson,
Resolved, That a Committee be appointed to consist of two members, to carry the said bill to the House of Representatives, and ask their concurrence therein.
Ordered, That Mr. Anderson and Mr. Bradley be the committee.
The Senate resumed the consideration of the motion submitted the 27th January, to print certain documents; and after debate,
On motion,
The Senate adjourned.
Monday, February 8th, 1813.
On motion,
Ordered, That Mr. Dana be of the committee appointed the 5th instant, to carry a confidential bill to the House of Representatives, in place of Mr. Bradley, absent.
Tuesday February 9th, 1813
A confidential message was received from the House of Representatives, by Mr. Troup and Mr. Robertson, two of their members
—Mr. Troup, chairman:
Mr. President—The House of Representatives have passed the bill sent from the Senate, entitled "An act authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and west of the river Perdido."
And they withdrew.
Thursday, February 11th, 1813.
Mr. Campbell of Ohio, from the committee, reported the bill, entitled "An act authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and west of the river Perdido," duly enrolled
A message from the House of Representatives, by Mr. Crawford and Mr. Goodwin,
two of their members—Mr. Crawford, chairman:
Mr. President—The Speaker of the House of Representatives having signed an enrolled bill, we are directed to bring it to the Senate for the signature of their President. And they withdrew.
The President signed the enrolled bill last reported to have been examined. and it was delivered to the committee to be laid before the President of the United States.
Saturday. February 13
Mr. Campbell, of Ohio, from the committee reported that yesterday laid before the President of the United States the enrolled bill entitled "An act authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and west of the river Perdido."
A message from the President of the United States, by Mr. Coles, his secretary
Mr. President—The President of the United States has, on the 12th instant approved and signed "An act authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and west of the river Perdido."
Ordered, That the Secretary communicate this information to the House of Representatives.
Tuesday February 16.
The Senate resumed the consideration of the motion submitted by Mr. Horsey on the 27th January, to remove the injunction of secrecy from certain papers; and
On motion,
It was agreed to amend the same to read as follows:
Resolved, That the injunction of secrecy in relation to the paper marked A communicated in the President's message of the 26th instant be, and same is hereby removed.
On the question to agree to the motion as amended?
The Senate being equally divided, it was determined in the negative, yeas 16, nays 16.
YEAS.—Messrs. Bayard, Bradley, Dana, Gaillard, German, Gilman, Goodrich, Gregg, Horsey, Hunter, Lambert, Leib, Lloyd, Pope, Reed, Smith of New York—16
NAYS—Messrs. Bibb, Brent, Brown, Campbell of Ohio, Crawford, Cutts, Franklin, Giles, Howell, Robinson, Smith of New York, Tait, Taylor, Turner, Varnum, Worthington—16
Thursday, February 18.
The following written message was received from the President of the United States, by Mr. Coles, his secretary.
I transmit to the Senate a report of the Secretary of State, complying with their resolution of the 18th of January, 1813
JAMES MADISON.
February 18th, 1813.
The message and documents therein referred to were read.
CONFIDENTIAL PROCEEDINGS IN CONGRESS.
IN SENATE.
Saturday, July 31st, 1812.
On motion, by Mr. Anderson,
Ordered, That the confidential proceedings of the Senate at their last session, in relation to East Florida, be made public.
Thursday, December 10th, 1812.
Mr. Anderson submitted the following motion for consideration, which was read:
Resolved, That a committee be appointed to consider whether it be expedient to authorize the President of the United States to occupy and hold the whole or any part of East Florida, including Amelia Island, and also those parts of West Florida which are not now in possession and under the jurisdiction of the United States, with leave to report by bill or otherwise.
Tuesday, Dec. 15th, 1812.
The Senate proceeded to consider the motion submitted on the 10th inst. respecting the Floridas, and after debate,
Ordered, That the further consideration thereof be postponed to Monday next.
Wednesday, Dec. 16th, 1812.
Mr. Leib submitted the following motion for consideration:
Resolved, That the President of the United States be requested to cause to be laid before the Senate any information which he may have of the intention of the enemy to take possession of East Florida, and of the disposition of the people of that territory to be received under the protection of the government of the United States: the amount of the American force in that neighborhood, and under the command of General Wilkinson: and the quantum of Spanish or other force in St. Augustine, Pensacola, and Mobile.
Friday, Dec. 18th, 1812.
The Senate proceeded to consider the motion submitted the 16th inst. calling upon the President of the United States for information respecting East Florida; and
On motion, by Mr. Goodrich,
To amend the motion so as to read as follows:
Resolved, That the President of the U. States be requested to cause to be laid before the Senate, any information which he may have of the intention of the enemy to take possession of East Florida, and of the disposition of the people of the territory to be received under the protection of the government of the United States; the amount of the American force in that neighborhood, and under the command of General Wilkinson, and the quantum of the Spanish or other force in St. Augustine, Pensacola, and Mobile, and respecting any negotiation that may have been had for the payment of differences and claims, existing between the United States and Spain, not heretofore laid before the Senate; respecting any proposal or negotiation that may have been made, or held by or with any person or persons exercising the powers of the government of Spain, or claiming to exercise the powers of said government, or with their representative agents, for the cession of East Florida to the United States; respecting any proposal to or from the local authorities of East Florida, (not heretofore communicated,) for the cession, surrender, or occupancy thereof, to or by the United States; and also any information respecting the relations of the United States with Spain or said territory of East Florida, which the President may deem proper to communicate.
On motion, by Mr. Anderson,
Ordered, That the further consideration of the motion for amendment, be postponed to Monday next.
Tuesday, Dec. 22d, 1812.
The Senate resumed the motion made the 10th to appoint a committee to inquire into the expediency of taking possession of East Florida; and
On motion, by Mr. Smith of Maryland,
It was determined in the negative, yeas 15, nays 15.
YEAS--Messrs. Bradley, Campbell of Ohio, Dana, German, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Pope, Smith of Maryland.--15.
NAYS--Messrs. Anderson, Bibb, Campbell of Ten., Crawford, Franklin, Gaillard, Magruder, Posey, Robinson, Smith of N. York, Tait, Taylor, Turner, Varnum, Worthington.--15.
On motion, by Mr. Leib,
To strike out the words "with leave to report by bill or otherwise;"
It was determined in the negative.
On the question, to agree to the original motion.
It was determined in the affirmative, yeas 18, nays 12.
YEAS--Messrs. Anderson, Bibb, Campbell of Ohio, Campbell of Ten., Crawford, Franklin, Gaillard, Howell, Leib, Magruder, Posey, Robinson, Smith of N. York, Tait, Taylor, Turner, Varnum, Worthington.--18.
NAYS--Messrs. Bradley, Dana, German, Gilman, Goodrich, Gregg, Horsey, Hunter, Lambert, Lloyd, Pope, Smith of Maryland.--12.
Ordered, That Mr. Anderson, Mr. Goodrich, Mr. Smith of Maryland, Mr. Tait, and Mr. Varnum, be the committee.
The Senate resumed the consideration of the motion made the 16th inst. calling upon the President of the U. States for information respecting East Florida, together with the amendment proposed thereto on the 18th inst. and having agreed to the amendment;
Resolved, That the motion be agreed to as amended.
Ordered, That the Secretary lay this resolution before the President of the U. States.
Thursday, January 14th, 1813.
The following confidential message was received from the President of the United States, by Mr. Coles, his secretary.
To the Senate of the United States.
I transmit to the Senate a report of the Secretary of State, complying with their resolution of the 22d December.
JAMES MADISON.
January 14th, 1813.
The message and report were read; and
On motion, by Mr. Leib,
That they be printed confidentially for the use of the Senate.
It was agreed that the motion be postponed until to-morrow.
Friday, January 15th, 1813.
The Senate resumed the consideration of the motion made yesterday, that the message and report, respecting Florida, be printed confidentially for the use of the Senate, with the exception of the return of the number of troops and their respective stations, on the southern and western frontier.
On the question, to agree thereto it was determined in the negative, yeas 13, nays 18.
YEAS--Messrs. Gaillard, German, Gilman, Goodrich, Gregg, Horsey, Hunter, Lambert, Leib, Lloyd, Pope, Reed, Smith of Maryland--13.
NAYS--Messrs. Anderson, Bibb, Bradley, Campbell of Ten., Crawford, Cutts, Franklin, Gaillard, Howell, Magruder, Posey, Robinson, Smith of N. York, Tait, Taylor, Turner, Varnum, Worthington--18.
On motion, by Mr. Anderson
Ordered, That the message & documents therein referred to, be referred to the committee appointed the 22d December, on the same subject, to consider and report thereon.
Mr. Bradley submitted the following motion for consideration:
Resolved, That the President of the United States be requested to cause to be laid before the Senate, all letters and communications that have passed between the government of the U. States and that of Spain, or the ministers thereof, since the 9th day of January, 1804, on the subject of indemnities for spoliations committed on our commerce by her subjects before that time; and also in relation to French seizures and condemnation of our vessels in the ports of Spain, during the late war with France; together with such communications between this and the French government, as relate to the same subjects; with such instructions as have been given to the ministers of the U. States in relation to the same. And any propositions or negotiations that have been had or made with France or Spain, for ceding East Florida to the United States, previous to the 15th day of January, 1811, not heretofore communicated.
Saturday, January 16th, 1813.
The Senate proceeded to consider the motion submitted yesterday, by Mr. Bradley: and
On motion, by Mr. Campbell of Ohio,
Ordered, That the further consideration thereof be postponed until Monday next.
Monday, January 18th, 1813.
The motion submitted by Mr. Bradley on the 15th instant, was resumed and agreed to without amendment.
Ordered, That the Secretary lay the said resolution before the President of the United States.
Tuesday, January 19th, 1813.
Mr. Anderson from the committee appointed the 22d Dec. on the subject, reported the following bill.
A Bill authorising the President of the United States to take possession of a tract of country lying south of Mississippi territory and of the state of Georgia, and for other purposes.
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President be, and he is hereby authorised to occupy and hold all that tract of country called West Florida, which lies west of the river Perdido, not now in possession of the United States.
Sec. 2. And be it further enacted. That the President be, and he is hereby authorised to occupy and hold all that part of West Florida east of the Perdido, and the whole or any part of East Florida, including Amelia Island.
Sec. 3. And be it further enacted. That for the purpose of occupying and holding the country aforesaid, and of affording protection to the inhabitants thereof, under the authority of the United States, the President may employ such parts of the military and naval force of the United States, as he may deem necessary.
Sec. 4. And be it further enacted, That for defraying the necessary expenses dollars are hereby appropriated, to be paid out of any monies in the Treasury not otherwise appropriated. and to be applied for the purposes aforesaid, under the direction of the President.
Sec. 5. And be it further enacted, That until further provision be made by Congress, the President shall be and hereby is empowered to establish within the country he may acquire by this act, a temporary government, the civil and military authorities of which shall be vested in such person or persons as he may appoint. and be exercised in such manner as he may direct: Provided, That he shall take due care for the preservation of social order, and for securing to the inhabitants the enjoyments of their persons and their rights, their religion. and their property: And Provided also, That the section of country herein designated, that is situated to be eastward of the river Perdido, may be the subject of future negotiation.
The bill was read: and
Ordered, That it pass to the second reading.
Friday, January 22d, 1813.
The bill authorizing the President of the United States to take possession of a tract of country lying south of the Mississippi territory and of the state of Georgia, and for other purposes, was read the second time.
Mr. Leib submitted the following motion for consideration.
Resolved, That the documents which accompanied the President's message the 14th inst. be confidentially printed for the use of the Senate, excepting those papers which relate to the stations, and the amount of the military force of the United States and the letter of Gen. Pinckney of the 27th December.
On motion of Mr. Leib,
That the bill be now taken up and considered:
It was determined in the negative.
Monday, January 25th, 1813.
On motion of Mr. Anderson,
That the bill authorising the President of the United States to take possession of a tract of Country lying south of the Mississippi territory and of the state of Georgia, and for other purposes, be now considered;
It was determined in the negative.
The Senate proceeded to consider the motion submitted the 22d inst. by Mr. Leib; and
On motion, by Mr. Bayard,
That the further consideration thereof be postponed until to-morrow;
It was determined in the negative.
On the question to agree to the resolution?
On motion, by Mr. Reed,
It was agreed that it be taken by yeas and nays; and
On motion by Mr. Bayard, the Senate adjourned.
Tuesday, January 26th, 1813.
On motion, by Mr. Anderson,
The Senate resumed, as in committee of the whole, the consideration of the bill authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and of the state of Georgia, and for other purposes; and
On motion, by Mr. Leib,
That the further consideration of the bill be postponed, in order to consider his motion, to have printed certain documents referred to in the message of the President of the United States of the 14th instant; and
It was determined in the negative,
Mr. Gaillard was requested to take the chair: and the consideration of the bill was recurred to.
A motion was made by Mr. Smith of Maryland to strike out the second section of the bill; and
On his motion,
It was agreed to take the question by yeas and nays,
On motion, by Mr. Bradley,
Ordered, That the further consideration of the bill be postponed to, and be made the order of the day for to-morrow
On motion, by Mr. Leib,
The Senate resumed his motion submitted the 22d instant. that the documents referred to in the message of the President of the United States of the 14th instant, be printed: and the motion was amended.
Resolved, That the documents which accompanied the President's message of the 14th instant, be confidentially printed for the use of the members of the Senate, excepting those papers which relate to the stations and amount of the military force of the U. United States, the report of the Secretary of State, and the letters of General Pinckney.
On the question. to agree to the motion as amended?
It was determined in the affirmative yeas 18, nays 18
YEAS.--Messrs. Bradley, Campbell of Ohio, Campbell of Ten., Dana, German, Giles, Gilman, Goodrich, Gregg, Horsey, Hunter, Lambert, Leib, Lloyd, Pope, Posey, Reed, Smith of Maryland
NAYS.--Messrs. Anderson, Bibb, Crawford, Cutts, Franklin, Gaillard, Howell, Magruder, Robinson, Tait, Taylor, Worthington.
Mr. Tait presented the memorial of the legislature of the state of Georgia, recommending to, and soliciting Congress to authorize the President of the United States to take immediate possession of the province of East Florida, and that portion of West Florida, purchased from France but still retained by Spain; for reasons stated at large in the memorial; which was read.
The following confidential message was received from the President of the United States, by Mr. Coles, his secretary
To the Senate of the United States.
I transmit to the Senate a report of the Secretary of State, complying with their resolution of the 8th instant.
JAMES MADISON.
January 26th, 1813
The message and report were read.
WEDNESDAY, January 27th, 1813.
The following confidential message was received from the President of the United States by Mr. Coles, his secretary:
To the Senate of the United States:
I transmit to the Senate a report of the Secretary of War, complying with their resolution of the 7th inst.
JAMES MADISON.
January 27th, 1813.
The message and report were read.
Mr. Horsey submitted the following motion for consideration, which was read.
Resolved, That the injunction of secrecy in relation to the President's message of the 26th instant communicating certain papers marked A and B, in compliance with the resolution of the Senate of the 18th instant be, and the same is hereby removed.
THURSDAY, Jan. 28th, 1813.
The Senate resumed, as in committee of the whole, the consideration of the bill authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and of the state of Georgia, and for other purposes; and
On motion, by Mr. Anderson,
Ordered, That the farther consideration thereof be postponed to, and made the order of the day for, to-morrow.
The Senate proceeded to consider the motion submitted yesterday by Mr. Horsey, to remove the injunction of secrecy from certain papers; and
On motion,
Ordered That the further consideration thereof be postponed until to-morrow
FRIDAY, Jan. 29th, 1813.
Agreeably to the order of the day the Senate resumed, as in Committee of the whole, the consideration of the bill authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and of the state of Georgia, and for other purposes; and
Mr. Gaillard was requested to take the chair; and
The motion to strike out the second section of the bill was resumed; and after debate,
Adjourned
MONDAY, Feb. 1st, 1813
Agreeably to the order of the day the Senate resumed, as in committee of the whole the consideration of the bill authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and of the state of Georgia, and for other purposes, together with the motion to strike out the second section thereof; and Mr. Gaillard was requested to take the chair; and after debate,
Ordered. That the consideration thereof be further postponed until to-morrow.
Tuesday. Feb 2d. 1813.
Agreeably to the order of the day the Senate resumed as in Committee of the whole, the consideration of the bill authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and of the state of Georgia, and for other purposes, together with the motion to strike out the second section thereof; and Mr. Gaillard was requested to take the chair;
On the question, to strike out the second section as follows:
"Sec. 2. And be it further enacted, That the President be, and he is hereby authorised to occupy and hold all that part of West Florida East of the Perdido, and the whole or any part of East Florida, including Amelia Island;"
It was determined in the affirmative, yeas 19, nays 16.
YEAS--Messrs. Bayard, Bradley, Campbell of Ohio, Dana, German, Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Pope, Reed, Smith of Md., Smith of N. York--19.
NAYS--Messrs. Anderson, Bibb, Brent, Campbell of Ten., Crawford, Cutts, Franklin, Gaillard, Magruder, Posey, Robinson, Tait, Taylor, Turner, Varnum, Worthington--16.
A motion was made by Mr. Smith of Maryland, to strike out the fifth section of the bill; and
On motion,
The Senate adjourned.
Wednesday, Feb. 3d, 1813.
On motion, by Mr. Anderson,
The Senate resumed, as in committee of the whole, the consideration of the bill authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and of the state of Georgia, and for other purposes, together with the motion to strike out the fifth section: and Mr. Gaillard was requested to take the chair;
Whereupon,
Mr. Smith, of Maryland, withdrew his motion to strike out the fifth section of the bill.
A motion was made by Mr. Campbell, of Ohio, to insert in lieu of the second section stricken out, the following:
" And be it further enacted. That if hostilities shall be committed by the Spanish nation, its colonies or dependencies against the United States or if it shall be ascertained to the satisfaction of the President of the United States that the safety and security of the United States, or any part thereof, are in imminent danger from the Spanish authorities in East Florida, and in that part of West Florida lying East of the river Perdido, the President of the United States is hereby authorised to occupy the said provinces or any part thereof including Amelia Island."
Whereupon.
A motion was made by Mr. Bradley to amend the proposed section by inserting, after the word "that," in the 1st line. the following words: "upon the troops of the United States being withdrawn from the province of East Florida."
And a motion was made by Mr. Pope, that the further consideration of the bill be postponed to the first Monday in June next; and
It was determined in the negative, yeas 16, nays 17.
YEAS--Messrs. Bayard, Bradley, Dana, German, Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Lloyd, Pope, Reed, Smith of Md.--16.
NAYS--Messrs. Anderson, Bibb, Campbell of Ohio, Campbell of Ten., Crawford, Cutts, Franklin, Gaillard, Leib, Magruder, Posey, Robinson, Tait, Taylor, Turner, Varnum, Worthington.--17.
On the question to agree to the motion for amendment to the amendment;
It was determined in the negative--
The Senate being equally divided, yeas 17, nays 17.
YEAS--Messrs. Bayard, Bradley, Dana, German, Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Leib, Lloyd, Pope, Reed, Smith of Md.--17.
NAYS--Messrs. Anderson, Bibb, Campbell of Ohio, Campbell of Ten., Crawford, Cutts, Franklin, Gaillard, Magruder, Posey, Robinson, Smith of N. Y., Tait, Taylor, Turner, Varnum, Worthington.--17.
On the question, to agree to the motion for amending the 2d section;
It was determined in the negative, yeas 14, nays 20
YEAS--Messrs. Anderson, Campbell of Ohio, Campbell of Ten., Crawford, Cutts, Gaillard, Leib, Magruder, Posey, Robinson, Tait, Taylor, Varnum, Worthington.
NAYS--Messrs. Bayard, Bibb, Bradley, Dana, Franklin, German, Giles, Gilman, Goodrich, Gregg, Horsey, Howell, Hunter, Lambert, Lloyd, Pope, Reed, Smith of Md., Smith of N. York, Turner
On motion,
It was agreed to strike out the fifth section of the bill.
On the question "Shall the bill be engrossed and read a third time as amended?"
It was determined in the affirmative.
Friday February the 5th, 1813.
The bill authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and the state of Georgia, and for other purposes, was reported by the committee correctly engrossed; and the bill was read the third time.
On motion by Mr. Anderson,
It was agreed to fill the blank with the word, "twenty thousand"
On the question, "Shall the bill pass?"
It was determined in the affirmative, yeas 22, nays 11
YEAS.--Anderson, Bayard, Bibb, Brown, Campbell of Ohio, Campbell of Ten., Crawford, Cutts, Franklin, Gaillard, Gregg, Howell, Leib, Magruder, Robinson, Smith of Maryland, Smith of N. York, Tait, Taylor, Turner, Varnum, Worthington.
NAYS.—Bradley, Dana, German, Giles, Goodrich, Horsey, Hunter, Lambert, Lloyd, Pope, Reed.
So it was
Resolved, That the bill do pass: and
On motion
It was agreed that the title thereof be
" An act authorising the President of the United States to take possession of a tract of Country lying south of the Mississippi territory and west of the river Perdido."
On motion, by Mr. Anderson,
Resolved, That a Committee be appointed to consist of two members, to carry the said bill to the House of Representatives, and ask their concurrence therein.
Ordered, That Mr. Anderson and Mr. Bradley be the committee.
The Senate resumed the consideration of the motion submitted the 27th January, to print certain documents; and after debate,
On motion,
The Senate adjourned.
Monday, February 8th, 1813.
On motion,
Ordered, That Mr. Dana be of the committee appointed the 5th instant, to carry a confidential bill to the House of Representatives, in place of Mr. Bradley, absent.
Tuesday February 9th, 1813
A confidential message was received from the House of Representatives, by Mr. Troup and Mr. Robertson, two of their members
—Mr. Troup, chairman:
Mr. President—The House of Representatives have passed the bill sent from the Senate, entitled "An act authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and west of the river Perdido."
And they withdrew.
Thursday, February 11th, 1813.
Mr. Campbell of Ohio, from the committee, reported the bill, entitled "An act authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and west of the river Perdido," duly enrolled
A message from the House of Representatives, by Mr. Crawford and Mr. Goodwin,
two of their members—Mr. Crawford, chairman:
Mr. President—The Speaker of the House of Representatives having signed an enrolled bill, we are directed to bring it to the Senate for the signature of their President. And they withdrew.
The President signed the enrolled bill last reported to have been examined. and it was delivered to the committee to be laid before the President of the United States.
Saturday. February 13
Mr. Campbell, of Ohio, from the committee reported that yesterday laid before the President of the United States the enrolled bill entitled "An act authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and west of the river Perdido."
A message from the President of the United States, by Mr. Coles, his secretary
Mr. President—The President of the United States has, on the 12th instant approved and signed "An act authorising the President of the United States to take possession of a tract of country lying south of the Mississippi territory and west of the river Perdido."
Ordered, That the Secretary communicate this information to the House of Representatives.
Tuesday February 16.
The Senate resumed the consideration of the motion submitted by Mr. Horsey on the 27th January, to remove the injunction of secrecy from certain papers; and
On motion,
It was agreed to amend the same to read as follows:
Resolved, That the injunction of secrecy in relation to the paper marked A communicated in the President's message of the 26th instant be, and same is hereby removed.
On the question to agree to the motion as amended?
The Senate being equally divided, it was determined in the negative, yeas 16, nays 16.
YEAS.—Messrs. Bayard, Bradley, Dana, Gaillard, German, Gilman, Goodrich, Gregg, Horsey, Hunter, Lambert, Leib, Lloyd, Pope, Reed, Smith of New York—16
NAYS—Messrs. Bibb, Brent, Brown, Campbell of Ohio, Crawford, Cutts, Franklin, Giles, Howell, Robinson, Smith of New York, Tait, Taylor, Turner, Varnum, Worthington—16
Thursday, February 18.
The following written message was received from the President of the United States, by Mr. Coles, his secretary.
I transmit to the Senate a report of the Secretary of State, complying with their resolution of the 18th of January, 1813
JAMES MADISON.
February 18th, 1813.
The message and documents therein referred to were read.
What sub-type of article is it?
Historical Event
What themes does it cover?
Justice
Triumph
What keywords are associated?
Senate Proceedings
Florida Occupation
West Florida
Territorial Acquisition
Spanish Claims
Presidential Authorization
What entities or persons were involved?
James Madison
Mr. Anderson
Mr. Leib
Mr. Goodrich
General Wilkinson
Gen. Pinckney
Where did it happen?
United States Senate; East Florida; West Florida; St. Augustine; Pensacola; Mobile
Story Details
Key Persons
James Madison
Mr. Anderson
Mr. Leib
Mr. Goodrich
General Wilkinson
Gen. Pinckney
Location
United States Senate; East Florida; West Florida; St. Augustine; Pensacola; Mobile
Event Date
July 31, 1812 To February 18, 1813
Story Details
Senate considers motions for information on enemy intentions in Florida, appoints committee, debates and amends bill authorizing President to occupy West Florida west of Perdido River, passes bill excluding East Florida, receives presidential approval.