of November next, it necessarily follows that the conditions are not precedent, as has been supposed, but subsequent, as 1 represent them. This reasoning will receive illustration from a plain and unsophisticated statement of the duke of Cadore's declaration, viz. That the Berlin and Milan decrees will cease to operate after the first day of November next, on one of two conditions; either that Great Britain shall revoke her orders in council, so far as they violate the maritime rights of the United States, or that, refusing to do so, the United States shall revive towards her certain sections of their late non-intercourse law, conformably to an act of Congress of the first of May last. In this we find nothing of a contemporaneous cessation of the French decrees and British orders in council, nor that the blockades of France must be recalled before the first day of November next: indeed the very reverse is to be found there; for it contains an express engagement, that the decrees shall cease, if the United States do a certain act which all the world knows they cannot do till after that day. These remarks may derive some additional force from the contents of my letter, by Mr. Masson, which will, hope, show, that the concessions made by France to the United States, are at least sufficiently substantial to invite from Great Britain some measures of a character equally conciliatory, and that " earnestly desiring to see the commerce of the world restored to that freedom which is neces sary to its prosperity," and no more hesitating to follow the good, than she has done to follow the bad example of her neighbour and rival, she will go on to declare, that her orders in council, &c. shall cease after the first day of November next, on condition, either that France shall have actually withdrawn her offensive decrees on that day, or, that if she refuse to do so, the United States shall proceed to enforce against her their late non-intercourse law.

In my view of the subject, nothing short of this can be considered a sufficient pledge, on the part of the British government, which, unlike that of France, presents no alternative in the conditions on which her orders in council shall be repealed, and which, of course, in no way makes

that repeal to depend on an act, which would be altogether that of the United States.

I have the honour to be, &c.

JOHN ARMSTRONG.

His Excellency Wm. Pinkney, &c. &c. &c.

PAPERS

IN RELATION TO WEST FLORIDA, ACCOMPANYING THE PRESIDENT'S MESSAGE OF DEC. 5, 1810.

Mr. Smith to Governour Claiborne. Department of State, Oct. 27, 1810.

SIR,-From the enclosed proclamation of the President of the United States, you will perceive his determination to take possession of the territory therein specified, in the name and in behalf of the United States; the considerations which have constrained him to resort to this necessary measure, and his direction that you, as governour of the Orleans territory, shall execute the same. Of this proclamation, upon your arrival at Natchez, you will, without delay, cause to be printed as many copies in the English, French, and Spanish languages, as may be deemed necessary, and you will cause the same to be extensively circulated throughout the said territory.

You will immediately proceed by the nearest and best route to the town of Washington, in the Mississippi territory. From the secretary at war, you will receive an order to the officers commanding the several frontier posts, to afford you such assistance in passing the wilderness and in descending the western waters as you may require. And as despatch is very desirable, you are authorized, in case your horses should fail, to procure others at the publick expense. After having made at Washington the necessary arrangements with governour Holmes, and with the commanding officer of the regular troops, you will without delay proceed into the said territory, and in virtue of the President's proclamation, take possession of the same in the name and in behalf of the United States.

As the district, the possession of which you are directed to take, is to be considered as making a part of the

territory of Orleans, you will, after taking possession, lose no time in proceeding to organize the militia, to prescribe the bounds of parishes, to establish parish courts, and finally to do whatever your legal powers applicable to the case will warrant, and may be calculated to maintain order, to secure to the inhabitants the peaceable enjoyment of their liberty, property, and religion, and to place them as far as may be on the same footing with the inhabitants of the other districts under your authority. As far as your powers may be inadequate to these and other requisite objects, the legislature of Orleans, which it is understood will soon be in session, will have an opportunity of making further provisions for them, more especially for giving, by law, to the inhabitants of the said territory, a just share in the representation in the general assembly; it being desirable that the interval of this privation should not be prolonged beyond the unavoidable necessity of

the case.

If, contrary to expectation, the occupation of this territory, on the part of the United States, should be opposed by force, the commanding officer of the regular troops on the Mississippi will have orders from the secretary at war to afford you, upon your application, the requisite aid, and should an additional force be deemed necessary, you will draw from the Orleans territory, as will governour Holmes from the Mississippi territory, militia in such numbers, and in such proportions from your respective territories, as you and governour Holmes may deem proper. Should, however, any particular place, however small, remain in possession of a Spanish force, you will not proceed to employ force against it; but you will make immediate report thereof to this department.

You will avail yourself of the first favourable opportunities that may occur to transmit to the several governours of the Spanish provinces in the neighbourhood, copies of the President's proclamation, with accompanying letters of a conciliatory tendency.

To defray any reasonable expenditures which may necessarily attend the 'execution of these instructions, the President authorizes you, having due regard to economy, to draw for a sum not exceeding, in any event, twenty thousand dollars.

From the confidence which the President justly has in your judgment and discretion, he is persuaded that in the execution of this trust, as delicate as it is important, your deportment will be temperate and conciliatory. Such a line of conduct towards the inhabitants is prescribed as well by policy as by justice.

You will, it is expected, be fully sensible of the necessity, not only of communicating every important event that may occur in the progress of this business, but of transmitting a letter, whatever may be its contents, by every mail to this city.

I have the honour to be, &c.

R. SMITH.

By the President of the United States of America,
A PROCLAMATION.

WHEREAS, the territory south of the Mississippi territory, and eastward of the river Mississippi, and extending to the river Perdido, of which possession was not delivered to the United States in pursuance of the treaty concluded at Paris on the 30th of April, 1803, has at all times, as is well known, been considered and claimed by them, as being within the colony of Louisiana conveyed by the said treaty, in the same extent that it had in the hands of Spain, and that it had when France originally possessed it.

And whereas, the acquiescence of the United States in the temporary continuance of the said territory under the Spanish authority, was not the result of any distrust of their title, as has been particularly evinced by the general tenour of their laws, and by the distinction made in the application of those laws between that territory and foreign countries; but was occasioned by their conciliatory views, and by a confidence in the justice of their cause, and in the success of candid discussion and amicable negotiation with a just and friendly power.

And whereas, a satisfactory adjustment, too long delayed, without the fault of the United States, has for some time been entirely suspended by events over which they had no control; and whereas a crisis has at length arrived, subversive of the order of things under the Spanish

authorities, whereby a failure of the United States to take the said territory into their possession, may lead to events ultimately contravening the views of both parties, whilst in the mean time the tranquillity and security of our adjoining territories are endangered, and new facilities given to violations of our revenue and commercial laws, and of those prohibiting the introduction of slaves.

Considering, moreover, that under these peculiar and imperative circumstances, a forbearance on the part of the United States to occupy the territory in question, and thereby guard against the confusions and contingencies which threaten it, might be construed into a dereliction of their title, or an insensibility to the importance of the state considering that, in the hands of the United States, it will not cease to be a subject of fair and friendly negotiation and adjustment: considering finally, that the acts of Congress, though contemplating a present possession by a foreign authority, have contemplated also an eventual possession of the said territory by the United States, and are accordingly so framed as in that case to extend in their operation to the same.

Now be it known, That I, JAMES MADISON, President of the United States of America, in pursuance of these weighty and urgent considerations, have deemed it right and requisite, that possession should be taken of the said territory in the name and behalf of the United States. William C. C. Claiborne, governour of the Orleans territory, of which the said territory is to be taken as part, will accordingly proceed to execute the same; and to exercise over the said territory the authorities and functions legally appertaining to his office. And the good people inhabiting the same are invited and enjoined to pay due respect to him in that character, to be obedient to the laws, to maintain order, to cherish harmony, and in every manner to conduct themselves as peaceable citizens, under full assurance, that they will be protected in the enjoyment of their liberty, property, and religion.

IN TESTIMONY WHEREOF, I have caused the seal of the United States to be hereunto affixed, and sign[L. S.] ed the same with my hand. Done at the city of Washington, the twenty-seventh day of October,