ff LIBRARY OFCONGRESS! i^TED STATES OP AMERICA. '" "annot be (akca from (lie Libnirv. 23(1 Congress, I" Doc. No. 77. 1 Ho. of Rjeps- 1st Session. '- Executive. BOUNDARY BETWEEN GEORGIA AND FLORIDA. [To accompany bill H. R. No. 270.] MESSAGE FHOM TUK PRESIDENT OF THE UNITED STATES, TRAXSHITTIN'G TTie information required by a resolution of the House of Representa- tives of the Idth instant^ in relation to the boundary line between the State oj Georgia and the Territory of Florida. Decembxh 29, 1831. — Read, and referred to the Committee on the Judiciary, FKBnuART 4, 1334. — Reprinted by order of the House of Represenbitives, Wa.shixgtox, December 29, 1831. Ill compliance with the i-osolutiou of t!ic H'nisc of Representatives of the 19lh if.stant, requesting tiie President of the United States to communi- cate to it '• the correspondence hetweeh the Goveinor of (leorgiiv and' any department of this Government, in the years 1830 ami 1831, in rela- tion to the houn(hu-y line between the Stale of Gecn-gia and tlie Territory of Florida,*' I transniit herewith a ccnnmnnication from the Secretary ofi State, withcoj)ies of the papers referred to. It is^)r(^pe^ to add, as tlje letter ami resolutions on this snhject, iY(>n\ the Goverm>r and Legislature of Georgia, werr recei\ed after the ad- journment of the last Congress, and as tiiat hody, after having the samesnh- Ject under consideration, had failed to autliorize the President to taki> any . steps in iclation to it, that it was my intention to present it, in due time,*, to the attention of the present C'ongress by a special message^. This dc-^ tcrmiir.ition has heen hastened hy the call of the House for t!ie informa- tion now communicated : and it only remains for me to await the action of Congress iii)on the subject. ANDREW JACKSON. Department of State, tVashington, December 2S, 1831. The Secretary of State, to whom has heen roferred, hy the President, a resolution of the House of Representatives of the 19th of this mouthy 2 [ Doc. No. 77. J -y^ requesting the President to funiisli that Hou.se with a copy of any corre- spondence which may have taken ph»ce in the year 1830 or 1831, between the Executive of Georgia and any dei)artincnt of this Government, rela- tive to the boundai-y line hetvveen tlie State of Georgia and the 'J'eiritory of Forida, has the honor to transmit, herewith, to the President, the copy of a letter under dateufthe^Sd of March. 1831, from tlie Governor of Georgia, a(hlrcsse(l to the President himself, upon the suhject in ([iiestion, together with a copy of the resolution of the Assembly of Georgia therein referred to ; whicli letter and resolution were deposited, by order of the President, in this department. Thatcon»municati(m comprehends all the correspondence within the purview of the resolution of the House of Representatives, which is to be found in this office ; but a)i indistinct jecollection is nevertheless enter- tained here, that the letter of the Governor of Georgia was answered by the President, though it does not appear that a copy of his letter was kept. Respectfully submitted. EDW. LIVINGSTON. Executive Department, Georgia, JliUedgeviUe, Mwch 22, 1831. Silt: Congress having failed, at its last session, to make provision for running the dividing line between Georgia and Florida, the Legislature of this State has directed me to cause that line to be run by commissioners ap|)ointed foi- tiiat purpose. The President is informed that commissioners have accordingly been appointed, ami received instructions to meet at the town of St. Mary*s on the 1st of May next, and to [)roceed, without delay, to run and plainly mark the line from the junction of the Cliattahoochie and Flint rivers to the head of St. Mary's, agreeably to the treaty of 1795 between the United States and Spain. The opinions and motives of the Legislature which induced this pro- ceeding, are fully ex])lained to the Piesident in the repoi-t and lesolutions of that body, copies of whicli accompany this communication. Since 1827, when it was first discovered that the jilace fixed upon by Ellicott and Minor did not truly represent the head of the St. Mary's intended by the treaty of 1795, the State of Georgia has been continually urging u|)on the Government of the United States the propriety of causijig such an exam- ination and survey to be made, as would terminate the uncertainty as to the place which ought to be so considered. The State does not desire the acquisition of any territoiy, a>nl claims none but what is believed to be secured to it by the highest evidence of title. The obligation, tlierefore, is imperative upon those who administer the Government of the State, to jirescrve its territoi-y inviolate. The boundary described iu its constitution is the same, from the junction of the Cliattahoochie and Flint rivers to the St. Mary's, as that whicli formed its dividing line from East Florida when Georgia was a colony of Great Britain. By the proclamation of the King of Great Britain, in 1763, forming the Governments of East and West Florida, and extending tho [ Doc. No. 77 ] ^ soutliern boundary of Georgia, that line was tiescribcd as running from the junction of the Chattahoochie and Flint rivers to the source of the St. Mary's. By the commission granted to Governor Wright, in 1764, the same line is described as extending to the southei-nmost stream of the St. Mary's. By the definitive treaty of j)eace of 1783, Great Britain ceded to Georgia as an independent State, and as one of (lie parties to that treaty, all the territory which belonged to it when it ceased to be a colony. The line in question was described in tiiat treaty as running from the junction of the Chattahoochie and Flint rivers, straight, to the head of the St. Mary's. By the term head of tiie St. Mary's, as used in that treaty, was understood the same place which was described iti the proclamation of 1763, and in the commission to Govei-nor Wright, in 1764, as the source or most south- ern stream of the St. Mary's. Tiie same must be intended to have been meant by the term the head of the St. Mary's in the treaty of 1795, be- cause it corresponds exactly with the description of the same place in the treaty of 1 783, and because, altliough there weredisj)utes between the United States and Spain, and the United States and Georgia, as to the boundary line between that State and West Florida, none are believed to have ex- isted as to the line between Geoi-gia and East Florida. If, therefore, the place fixed upon by Ellicott and Minor does not truly represent the head of the St. Mary's, surely the United States ought not to insist upon its being so considered, especially since Florida has become a part of its own territory. In communicating to the President, by the request of the Legislature, *he appointment of commissioners, and the time when they arc instructed !o proceed to run the line from the junction of the Chattahoochie and the Flint rivers to the head of the St. Mary's, I have thought it my duty to present this brief justification of the course which has been pursued by the State in ascertaining the extent of her territorial rights. Very respectfully, yours, (iEORGE R. GILMER. To the President of the United States. Tlie Committee on the state of the Republic, to which was referred that part of the Governor''s message which relates to the boundary line betiveen the State of Georgia and the Territory of Florida, with the accompanying documents, have had the same under consideration, and report : That the deep interest which Georgia has in the question of the final and satisfactory settlement of her boundaries, is such as t<» impose on her constituted authorities the duty of prosecuting the subject to some final termination. And at this time your committee believe that the consti- tuted authorities of this State would be liable to the charge of dereliction of duty to her citizens, were they to permit the boundary which separates Georgia from the Territory of Florida, from the junction of the Flint and Chattahoochie rivers, thence to the head of the St. Mary's river, to re- main, as it now does, unascertained, and not lun and marked. Your committee, in again presenting a condensed view of the subject re- ferred to their consideration, will pur[)osely be very biief, as the merits of the question have been so often presented to the Federal Government, 4 [ Doc. No. 77. ] and ])articulafly in the report and resolutions agreed to by the General Asscnjbly of this State, on the I6tii day of December, 1828, which your committee beg may be referred to, as presenting most of the evidences and facts on which Georgia claims a firial settlement of the boundary line be- tween this State and the TeiJ-itory of Florida. By referring to the charter «)f Georgia, which was granted in the year 1732 to certain jycrsons, ami its siirremier to the King of Great Britain in the year 1752 by the trustees, and the ])roclamation ot 1763, esta- blishing the Government of East and West Florida, and extending the southern boundary of Geoi'gia, and the connnission of Governor Wright, at which time both Georgia and Florida were British colonies or pro- vinces, dated the 20th day (d* January, 1764. the only legitimate infer- ence from each of the recited e\ idenccs is, that the southern line of Geor- gia was to run from the most southern stream of a river St. Mary's, and westward from thence, and consequently leaving the whole of the head waters of that rivej* within the boundary of (icoi'gia; and every other public document which relates to the said houndary, citiier as a Iniundary line of the United States or (he State of Georgia, is in palpable accord- ance with this coticlusion, until the year 1800. In the year 1795, the Govennnent of the United Slates and Sj)ain con- cluded a treaty, bv the second article of which it was agreed that a line should begin from a point at the junction of the B'lint and Chattaiioochie rivers, atid to run from thence to tlie head of tlie St. Mary's river. Un- lr. Ellicott's map of the linej. that it was deposited in the otlice, and that Mr. Freeman, who was once sui-veyor general of the public lands south of Tennessee, took a copy of it. The original remained in the office till the jear 1812, and for some time later, when Mr. Tiffin, Commissioner of the Land Ollice. lent it, for some public purpose, to the chairman of a committee of Congress, pi-obably & land committee. The map never was returned ; and, if ijuint, it was, to- [ Doc. No. 77. ] gether with the records of Congress, in the C.-ipitol. Yon may however inquire IVoni the clerks of the two Houses, as Mr. Tiffin was commissioner subse(|uent to the capture of Washington, and Mr. King (hies not recollect the precise date when the map was loaned by him. I beg leave to suggest — 1. An apjjlication to Mr. Graham, tiiat a seaich may be made in his office for the report, which may possibly be there. 2. A request that he will direct Mr. Freeman's successor to send back the cojjy of the map which he had taken. 3. 'I'hat Mr. King's evidence may be perpetuated, as he is old and infirm. It is possible, tliough not probable, that when tiie maj), of which 1 have myself no recollection, was obtainetl from the Department of State for the purpose aforesaid, I took the re()ort home to read, and neglected to return it. I have lost none of my pa|)ers : and, on my return to New York, I will make a thorough search. If there, it must be bound, and have got mixed with pamphlets; for, as to public papers, they were, as such, all returned when I left Washington. Respectfully, your obedient servant, ALBERT GALLATIN. The Hon. Joseph M. White, of Florida, in Congress. General Land Office, J\Iarch 2, 1 830. Sir : In answer to your inquiry resj)ecting the map of t!ie line between the P'loridas and the United States, called Ellicott's line, I beg leave to observe, that, in the summer of 1802, Mr. Thomas Freeman (who was surveyor of that line with Mr. Ellicott) was employed to make a map exhibiting the country north of that line, for the use of the Treasury Department, whereon the line was accui-ately delineated as the basis for said map. I was frequently with him during the time he was employed on it, and, to the best of my recollection, he took it frcmi another which appeared to have been di-awn by him as surveyor, and which might have been the oi-iginal. All this was previous to my appointment as di-aughts- man, which was in Aj)ril, 1805. At that time, tin- map by Mr. Freeman was in the office, and remained ther*e until loaned by Mr. Tiffin to a com- mittee »)f Congress, or the commissioners appointed to settle the Yazoo claims, (I think the latter-,) and never* has been rctuined. I do not recollect that the original plat signed by the commissioner's appointed to r'un the line was ever on file with the maps belonging to the Gerrer*al Land Office, as the copy alluded to was all that could ever be wanted in this office. It is pi'oltable that a coj)y may be found at the to[)ogr'aphicaI brn-eau of the War Dejiar'tment. The journal of Mr-. Ellicott. I believe, was published in 1803, with the map, &c. and may be in the Congr-ess Libr-ar-y. I airr, sir*, your obedient ser-vant, ROBERT KING, DraughtsmaUf General Land Office. The Hon. Joseph M. WniTr'-, of Florida, House of Ilepresenlatives. « [ Doc. No. 77. J Makch 21, 1828. The Committee on the Judiciary^ to lohich ivas referred the message of the President of the 22d of January, 1828, transmitting copies of communications from the Governor of Georgia, relating to the line dividing that State Jrom the Territory of Florida, report : Tlie correspondence between the President and the Governor of Georgia, Ihu.s referred to the conunittee, ])resents the question. What is the correct i)oun(laiy between that State and the Territory of Fh)rida ? To enable the House to decide this question, the committee beg leave to present to their 'Considcrati()n a condensed view of the evidence in relation to it. The charter of Caiolina to the h)rds proprietors, in 1663, extended southwardly to the river Matheo, now calU'd St. John's, supposed, in the charter, to be in latitude 31% and so west, in a direct line, as far as the South Sea. It apjjcars, by an extract from the charter of Georgia in 1732, that the Jioundaries were «» all tliose lands, couutiies. and territoi'ies, situate, lying, and i)eing in that part of South Carolina, in America, which lies fioni the rici-thern stieam of a river commonly called the Savannah, all along tiie seacoast to the southwai-d, unto tlie most southern stream of a certain other great water or river called tlie Altamalta, and westward from the heads of the said rivers, rcspecti\ely, in a dii'cct line, to the South Seas." Be- fore the y the second article of w hich, it was agreed that tlie boundary line between the United States and the Floridas shall be designated by a line beginning on tiie river Mississippi, at the norlhernniost part of the 31st degree of latitude north of the equator, which from tlicncc shall be drawn due east to the niid1 the stream designated by Ellicott. Resolved, therefore, as the opinion of the committee, that, in running the boundary line between Georgia and Florida, the point designated by the commissioners under the 3d article of the treaty of 1795 between the United States and Spain, ought to be the termination of the line from the junction of the Chattahoochie and Flint rivers. A. Lv Senate, I9th December, 1818. Resolvedf That his Excellency the Governor be requested to appoint two fit and proper persons to proceed, without delay, to ascertain the true head of the St. Mark's river ; and if it shall appear that the mound thrown up by Mr. Ellicott and the Spanish deputation, is not at tlie place set forth in the treaty with Spain, that they make a special report of the facts to the Governor, who shall thereujmn communicate tiie same to the Presi- dent of the United States, accompanied with a request that the lines may be run agreeably to the true intent and meaning of the aforesaid treaty. ^nd it is further resolved. That the Governor order out a suitable de- tachment of militia to protect the said commissioners in the performance of their duty. Approved : 1 9th December ^ 1819. Executive Department, Georgia, Milledgeville, \7th February, 1819. Sir : I take the liberty to call your attention to the subject of the con- templated line between this State and tlie province of East Florida, which you no doubt recollect is expected to be run this spring by the General Government. Preparations are making to commence surveying that section of coun- try in a shoi-t time : it is, therefore, very desirable that the line should be defined as early as possible. The Legislature of this State, at their late session, having received sa- tisfactory information that the mound tlirown up by Mr. Ellicott and the Spanish deputation, on the Okefenokee swamp, is not the true head of St. Mary's river, as contemplated in the treaty with Spain, directed me to ap- point commissioners to ascertain the fact, and to communicate the result to the President of the United States, with a request that the line might be laid out agreeably to their report. Majors General Floy«I and Thomp- son, and Brigadier General Blackshear. have been appointed to, and arc now engaged in, the performance of that duty. Their report shall be transmitted to you as soon as 1 receive it. 12 [ Doc. No. 77. ] I have every reason to believe that the head of that river will he found at least twenty miles .south of the j)oiiit agreed on by Mr. Kllicott and the Spanish commissioners. Should this conjecture ])rove to be a fact, the State of Georgia will be entitled to the land within that boundary, accord- ing to the treaty with Spain. In any event, it is of great imj)ortance that one of those lines should be comjjleicd as soon as circumstances will justi- fy tije measure. Enclosed, I hand you a resolution of the Legislature on the subject. With higli respect, I am, sir, Your obedient servant, WM. RABUN. The Hon. Joux C. CaliioUxV, Secretanj of tf^ar, WasJihigton Cilij. Executive Depautment, Georgia, MUledgeville, 5d March, 1819. Sir : On the 17th ultimo, I had t!ie honor to address you on tiic sub- ject of the contemplated line between tliis State and t)ie province of East Florida. 1 stated that the Legislatuie of this State had directed me to a])point commissioners to ascertain the true head or source of tlie St. Ma- vy^s river, and 1 promised to forward tlieir report to you as soon as the same was received. 'I'hc commissioneis have returned, and reported that, after a careful examination, they found the head of that river to agree with the report made by Mr. Ellicott, and prove, beyond the possibility of doubt, that tlie information received by the Legislature of this State re- lative to that subject was inconect. 1 Hatter myself that directions will be forwarded to Mr. Lumpkin immediately to close that line arcoi-ding to the treaty with Spain. And if the vieneral Government can afford us as- sistance in gtiaiding the surveyors who will be engaged in laying out the country, it will be acknowlcdcjed as a srreat accommodation. 1 am, witli high res[)ect, Youi" obedient servant, WM. RABUN. Hon. JoHX C. Caliioux, Secretary of IVar. In the year 1817, Captain William Cone, then a member of the Legis- lature «)f Georgia, rej)reseiited, on his own knowledge of the St. Mary's river, that Mr. Ellicott had mistaken its true head oi- source : and tiiat an accurate survey wouhl establish the fact that the head or source of the middle fork or branch, (perhaps then ciilled th(^ Soiitli Branch,) which was twenty nnles south of Mr. Ellicott's mound, would he found to be the true souice of the St. Mary's river, and, therefore, the true ])oint of de- marcation between the State of (Georgia and the tiien Spanish province of East Florida. The Governoi- of (ieoi gia was authorized by tlie Legisla- ture to appoint commissioners to ascertain the truth of the facts alleged by [ Doc. No. 77. ] 13 Captain Cone. The undersigned, widi Brigadier General David Black- shear, were a|){)ointed and specially instructed by the Governor of Geor- gia. They employed Captain Cone as a pilot, and, witli a competent sur- veyor, caused to he measured (beginning at or near the point designated by Lllicott as the heail of the St. iVlary*s river) the distance fi-om that j)oint, by the meanders of the nortlnvest bi-anch, to its junction with the stream or branch rej)resented by Cone to be the true source of the St. Mary's, and up the left bank of the lattci* brancli, until the commissioners reached an extensive swamp, into wliicli the pilot, with twoof the commis- sioners, (the undersigned,) penetrated about half a mile, and saw no water or water cliannel. Capt. Cone was then directed by the commissioners to puss entirely across the swamp, (to the pine barren beyond the swanij).) wjio, on his return, repoi-ted tliat there was no strcatn of water or water channel in the swamp ; and tliat we had reached the head of the branch to which he had referred in tlie information given by him to the Legislature. On a comjjarison of the length of the two streams, it was found that the latter, from its junction with the other to the swamp above referred to, was mucli the shortest ; and the commissioners consequently reported in favor of the foi'iner as the head or soiirco of the St. Mai*y's river. It is, however, more than probable tliat the commissioners may have been misled by the inadvertency of Cajitain Cone, who professed to be in- timately ac«|uainted with tiic geogra[)Iiy of that part of the country, and on wliom tiiey uere instructed to lely, who may have been diverted from the ])rincipal stream by riiistaking a branch of it. And we, the under- signed, arc inclined to this belief, first, because we recollected to have seen, a short distance below tlie swamp lo which we have referred, wiiat appeared to us, through thick brushwood, to be a lively little stream, emj)- tying in through the op|)osite or right bank of the southern or middle foi'k of the St. Mary's, which was pointed out to the pilot, who replied that the brancli we were then pursuing was the right one; and because of the representation given by the survey of McBride. JOHN FLOYD. WILEY THOMPSON. February 29, 1828. March 3, 1829. Mr. miite submitted the following letter from D. B. Douglass, relat- ing to the boundary line between the State of Georgia and the Ter- ritory of Florida. West Point, 1 1 th February, 1829. Deau Sill: I was duly honoi-ed with youi* note of the 20th ultimo, re- questing inr(>rmation respecting the ofVuial i-eport of Mr. Ellicott, as com- missioner for executing the treaty of 1795 ; and I have since employed myself, as opportunity offered, in searching among tlie corresi)ondencc and documents in my possession, with a view of complying, if possible, with youi- request. I am sorry to say that, as regards the iT[)()rt, or any of the charts or other documents connected with it, my search h.is, thus far*, pr-ovcd inef- fectual. I find it vcr-y often referred to in different parts of the coVre- 14 [ Doc. No. 77. J spoiidence. ])articulfii'Iy that with Mr. JefTerson and Mr. Madison, but no- where in such a way as to indicate the grounds, or any of the suhject-mat- ter of the rejK)rt ; and the most I can do, tlieref(>re, is to transcribe a few extracts fiotn letters i?i wliichthe repoi't is spoken of, for the mere sake of historical truth, and in the hope t\\i\t possibly they may throw a ray of light upon your further i-eseaiclics. 1. Speaking of his astr(»nomical observations, which he had arranged fop publication, Mr. Ellicott, in a letter (believed to have been) addressed to Mr. Jeffei-son, dated 17th Sej)teml)er, 1800, says: •'The astronomical <'jouiiial is very lengthy, but will be of no use to the public.till accompa- « nied witli tlie charts of the line. When these can be liad, is uncertain, "as the originals were annexed to the report, and 1 had not time to take "copies." This was written about four months after iiis return. 2. Frbi'uary 5, 1801, in a letter to Mr. Jefferson, he says: '-Ever <' since 1 heard of the burning of the Treasury Deparimcnt, I have been *< alarmed on account of the maps, charts, and plans, annexed to the re- <« poi-t respecting our simthern boundary, as 1 had not the privilege of tak- <'ing copies, and they could not be replaced but by sejiding to Madrid." And again : " The report, by the third article of the treaty between the " United States and his Catholic Majesty, was ' to become a part of the ♦"original compact, and erpially bin«ling on both nations,' and therefore "equally entitled to the same publicity, but I do not see that the Presi- *»dent has taken notice of il in any of liis messages to the two Houses." S. In anotiiei' letter, dated May, 1801, he says: '-The publication of " the fifth volume of the Transactions of our Fhilosophical Society will « be delayed for want of the charts, or tlie copies of them, annexed to the *' report respecting our southern boundary. Tiiose charts are the origi- *' nals, and I intended to have replaced them by cojjies done in a better ♦'style, but in this I have been disa|)pointed." 4. In another, dated June 4, 1801, he adds to the same effect : "The « want of those references and charts will delay, for some months, the pub- " lication of tiie fifth volume of our I'liilosophical Transactions, the letter " press of which will be completed this week. If I had supposed that "those papers, or copies of them, would have been withheld till this time, ♦' I should iiave enon :) " Immediately after my return from the city of Wash- " ington, I began the reduction of u\y charts to a scale of eight inches to " a mile, [qu. eight miles to an inch ?] which I find will be as small as " they can be reduced, and at the same time retain all the waters an«l bends ♦'or crooks of the rivei-s." 6. On the 4th of September he reports the progress of the large map to the Secretary (»f the Treasury, and on the lOth October reports it fin- ished. In a letter to Mr. Jefterson, of the same date, he says: " It com- ♦' prebends the Mississippi from the mouth of the Ohio to the Gulf of ♦' Mexico, the jjrovince of West Florida, and the whole southern boundary ♦'of the United States, accompanied v.ith thirty-two pages of manuscript ♦' rchiarks on the navigation of the rivers, proper positions for military [ Doc. No. 77. ] 15 "works, &c." Atid again : '* I am anxious to have it forwarded as soon *' as possible; but, from Ibc size of the juap, being ii|iwaids of six feet *» noith and soJith, and the same east and west, 1 fear it would bedilHcult <' to find a person willing to take charge of it, unless it was made his par- " ticuiai* business." 7. On the 31st December. 1801, in forwarding it to Mr. Gallatin, he writes as follows : •• I have forwarded by the bearer. Caj)tain Diiane, the ♦' map of the Mississippi, from the mouth of the Ohio to the Gulf of Mexico, *'to which is added the south boundai-y of the United States, anil the whole *' of West Florida. In examining the map, it will be necessary to have *' reference to the manuscript explanation, which was forwaided to the ** President some time ago." * * * * *» Mot having time to take a copy of *'the map, I wish no person may be allowed that piivilege till 1 have time «' to do it myself." Other extracts might be furnished, of a similar character, down to the date last quoted, but, fi'om that time foith, [ find no distinct reference to the subject, nor to the aflfairs of the commission, in any way, except in the settlement of the accounts. The conclusion, I think, is irresistil)!c. from tiiese extracts, and from the whole face of the correspondence, that Mr. Ellicott made his report in due form, immediately after his retui-n, and that an authentic copy was ren- dered also to the Spanish Government, which implies, if I am not deceived, that it was the joint report of the two commissioners. That it was received and accredited on the part of the United States Government, " «s contain- ing the results of the demarcation of the southern bonndarij,*' might be shown fronj many parts of the coirespondence, jjarticularly the letter of Mr. Madison, dated November 18, 1801, fron> which the underscored words are quoted. If thei*e xvus any deficiency, then, in the legal execution of the treaty, it is clear to my mind that it must regard some merely diplomatic foi-m, or, at all events, tiiat it does not vitiate any part of Mr. Ellicott's work. What has become of this report, you will inquire, since n«» remains of it are to be found in the Department of State ? From personal communica- tions with Mr. Ellicott during his lifetime, I am fully pei'suaded tiiat they were destroyed by fire ; but at what time, oi* in what mantier, I cannot now say : the particulars, if they were ever communicated to me, have escaped my recollection ; but I distinctly rcmembei* hearing Mr. P^IIicott, on more than one occasion, bitterly lamejit the destruction of the documerjts and drawings, whicii had cost him so much labor, and with the execution of which he had so much reason to be satisfied. Whethei'all the papers were involved in the same fate, I cannot say, (have you sounded the Treasury Department ?) noi* do 1 know whether the originals were retained or re- stored after the fair copy was made. I tliitik the latter was made for the Treasury De|)artment, and that the former must have belonged to the De- partment of State. Thei'c is a |)ossibility, however, that the originals were retained by Mi*. Ellicott; and if so, his son, in the western part of this State, must know something of them. I have already written to him for information, and, as soon as it is received, will lose no time in commu- nicating it ; and I assure you it will afford me great pleasui-e to add any thing to the little I have as yet gleaned for you. I just recollect that Colonel Gadsden once borrowed a large manuscript chart of the St. Mary's from Mr. Ellicott. I presume it was returned : 16 [ Doc. No. 77. J but it furnishes another link in our little chain of information, which may be of some assistance. I remain, very sincerely, yours. D. B. DOUGLASS. Colonel White. Docnmeiits relating to the boundary between Florida and Georgia, accom- pamiiug the VresidenVs message at the commencement of the \st ses.iion of the SOt.'i Congress. Department of War, 7th jVuvemhcr, 1826. Sir : 1 have the honor to inform you, that hy virtue of the power vested in the Vresident of the United States, by act ol Congress, approved May 4, 1826, and which provides for tlic nmniiig and marking the line divid- ing tlie State of Georgia from the Territory of Fh)rida, the I'lesicient has appointed yon a couunissioiier, to art in conjunction witli a conimissiotier to be a})p<)intc'd hy tlie constituted authorities of the State of Georgia, in running and marking said line; the act of Congress itself defining the beginning ajid termination of the line, awd the direction in wiiich it is to be run. I ench)se to you, herewith, a volume of acts of Congress, \v!iicl» contains the act aforesaid, at pages thirty and thirty-one, for your govern- ment. Your compoisation will he the same as that allowed by the State of Georgia to lier- commissioner, and wiiic!i is stated by Governor Troup, in his letter to this department, of the 26lii October, to be ** eight dollars per day, i/icluding necessary expenses." \'ou wil!, hhould this app(»intment be accepted, signify the same to the department, and repair immediately to Milledgeville, in Georgia, and state to his Excellency Governoi' Troup your readiness to enter upon the du- ties embraced in this trust. You will he particular in keeping a regular ami correct journal of your proceedings ; and tiiis, together with your map and field imtes, you will forwai-d, signed by yimrself and the commissioner who may he apjjointed on the part of Georgia, to (his departmeiit. 1 have the honoi* to be, Your most obedient servant, JAxMES BARBOUR. To Thomas M. RANnoLPu, Sen. Esq. Albemarlk, A'«r. 12, 1826. Sir : I had the satisfaction, late yesterday evening, to receive a commu- nication from your department, under date of tlic 7th instant, with your signature, amioimcing to nic that the Presi(!»M»t had appointed ine a com- missioner, to act in coiijimction with a commissioner to he aj)poiiited by the constituted iuithoi-ilies of tlie Stivte of Georgia, foi- i-iitiiiiiig and mark- ing the line dividing that State from t!ie Territory of Ehn-ida. For tliis unexj)e(t(d honor, 1 at present only return my \cry sincere and nn>st respocllul thanks to yourself, ho|)ing to have tiie further honor of making my acknowledgments to the President, when I shall have the good foitiine. [ Doc. No. 77. ] 17 to have fulfilled his coininissioii to liis satisfaction. I should be unworthy of the respect shown me in this niattei", if I were to accept the commission j)recipitately and inconsiderately, witliout any instruction IVom thcdejjart- ment entrusted ivith the execution of this law. or any intimation of the President's views witli regard to tlie manner of proceeding in the case. The President's perfect knowledge of the infallible geometrical principles, according to wliich sue!) a woi-k must he prrfornied, makes me more anxious to learn what his thouglits are as to the plan of tlie technical and scientific processes re(iuisite. My idea, in the very first moment, was to propose to the commissioner of Georgia to ha\e tlie latitmle and longitudeof the Junc- tion of the rivers Chattahoochie and Flint determined with precision, and also that of the point >e expect to have to depend ujmn a traverse, as we are not authorized to proceed in that only complete but \evy expensive way. A competent sur- veyor could not be procured in Georgia for less than eight dollars a day, all expenses paid besides. I could have brought one from Virginia, far superior to the best in this State, for five doflars. Having, with much pains, satisfied myself of the tlntrough competency of the surveyor ap|)ointed by the authorities of Georgia, 1 have consented to accept of liim, although he IS not at all an astronomer, and must pn.ceed by geometrical means alone, unconnected by any astronomical o|)eration, which mav answer fiiifliciently well on the present occasion. His demand was ten dollars per diem, hut I cannot r(Misent to give more than four dollars for his compen- sation Irom the United Stales. The men requisite will be engaged from one dollar a ihy lo twenty dollars the month, with the excejUion of two of a superior order, whose services cannot be dispensed with. The whole jnovisions and other ecpiipmcnts must he procured in Sa^ vannah, and steps are already taken for that puri)ose. Nothing what- ever can be had in or near the country tlirough which the line runs, lo which we shall he confined at least three months. We could not make imr preparatimis, even with a smaller sum than fifteen hundred dollars. Mr. Spalding has procured a larger accommodation, and there will be considerable saving from his success in that measure. We concur fully [ Doc. No. 77. ] 23 in the dispositinn and determination to use all possible economy, and, necessary to that, all the despatch possible consistent with accuracy. I have the honor to be, Youi- most obedient, humble servant, TH.M. RANDOLPH, Commissionerf ^'C. Hon. James Barbouk, Secretary of War. Dauien, February 28, 1827. Sir : I have the honor to inform you that the pai'ty destined to run the line between the United States Territory of East Floiida and the State of Geoi-gia, has left Darien, fully equipped and j)rovi(led for that purpose at the expense of Geoi'gia ; one-imlf of all charges incurred to be defrayed by the United States Government, provided the moiety do not exceed the appropriation made by Congress on this occasion. I have the honoi' to enclose a transcript of the proceedings of the two commissioners forming a board for the pui-pose in question, and to beg your attention to it at your leisure. My last com.".^.unication from you is dated December 23, 1826. I am, sir, your most obedient, humble servant, TH. M. RANDOLPH, Commissioner, ^c. The Hon. James Barbour, Secretary of War. Monday, February 12, 1827. Governor Randolph, commissioner on the part of the United States for establishing the boundary line between Georgia atid Florida, arrived at Daiien. Mr. Spalding, the commissioner on the part of the State of Georgia, waited upon him, when, after deliberation, the following preliminary points were settled, without doubt or contrariety of opinion : 1st. We will commence running the line of separation between Georgia and Florida at the head of the St. Mary's. 2d. There shall be but one surveyor employed. 3d. We will engage from fifteen to twenty men for our various opera- tions, as we may find necessary in the pr-ogiess of our undertaking. 4th. We shall provision them for the whole operation at this place. 5th. We will employ, for the transport of our provisions, light wagons. 6th. We will make our preparations at all points, at the joint expense of the United States and the State of Georgia. 7th. It will be necessary to provide the sum of two thousand dollars for the procuring of provisions and equipments for the commissioners and the gentlemen that accompany them, for the surveyor and men under him. 8th. It will be necessai'y to provide the sum of five hundred dollars to meet the accidents to which every human operation is subject, without be- ing reduced to the necessity of sending back tor those aids after they have become necessary. 9th. Mr. Spalding, the commissioner for Georgia, will draw upon his Excellency Governor Troup, through the Bank of Darien, the com- 2t4 [ Doc. No. 77. ] missioncr on the part of the United States engaging, on the part of the United States, to refund a moiety of such advance to Georgia. The commissioners then j)roceeded to nominate John Randolpli, Esq. commissary and commandant of the party, with jjower to regulate and direct the police of ihe camp. They nominated John G. Boll secretary and accountant, and determined that tlicse gentlemen should receive a compensation for theii- services. When the Hoar*! adjourned. Extr.ict from the minutes. J. G. BELL, Secretary to the Commissioners, Answer to the first riuery, viz. Sliall we commence running the line of se])aration between Georgia and Florida on the St. Mary's, or at the Chat- tahoochie ? If the Okefenokee swamp be j)enetrable at all by a surveying party, which is not authorized to incur the expense of cutting a vista through it, commesicement should he made at the eastern extremity of the boundary Jine ; for the earlier, after this time of the year, the attempt is made, the less dilliculty, risk, and labor will attend it, and the greater the probable accuracy of the f>perations to be perforined. I'he season will be too far advanced to allow of any such attemjjt, when the line has been fust exten T. M. Randolph acknowledges himself unable to give an opinion upon this question and leaves tlie decision upon it entirelv to the better iudff- ment and iniormation of Mr. Spalding. All that he has been able to ieani on the road through the Carolinas and Georgia tends to convince that such a party as is indispensably necessary on this occasion must be provisioned betorehand or subsist upon game killed in the wooijs through which the Jine is to be run : tor the country is all new, and, as vet, but little culti- vated ; much the smaller part of every crop actually made furnishes food lor man; continued emigiHtion to places near keeps all such articles con- stantly up to a high price. Tiie troops lately sent to suppress the Indian insurrection in the same country must have consumed all that could be had lar and near, within their or our reach. If the provisions are to be pro- cured so as to be carried out with the men, the place of the greatest trade nearest to the rendezvous at Darie!. must, of course, be the best for that lairpose. If the party is to rely upon game for subsistence, it will inevi- tably disperse before the work can be half finished.* hor— '? ^^"'«'^'^"- Shall we employ for transjiort light wagons or pack- Tlie former seems jircferable, because half the number of horses will an- swer; and if it should be found that the wagons cannot aiwavs accompany the party, still they can always keep near eiM.ugh t<. pack from them to it, up.m the same horses, the supplies necessary for daily consumption. inxui. bha I we make our preparations in all jioints with joint expense ? 1 ,''^'^- A '";^^""it^'°'-' ^^'- McUride. in what, ever opm.on they may tojjether form upon that point, not exceeding three months. [ Doc. No. 77. J 27 menls " acting in conjunction." The tliinl section appropriates S5,000 to defray the exjiense on the part of tlie United States. One of the letters from the Secretary of War to tliat commissioner, acting under his orders, says, " you will regard the a])j)ropriati()n made by the Congress, in cariy- ing into effect this trust, and in no case exceed it. It is desirable that every attention be paid to making the undertaking economical, and as much be- ' low the appropriation as possible." Anotlier uses this language: "in regard to all the details having reference to the survey, wiiether these re- late to the selection of a surveyor, or other matters connected with the execution of the trust confided to you, they are referred by the President to your agency and discretion." The commissioner of tlie United States cannot hesitate to believe that he is fully authorized to give an opinion on this subject ; and, accordingly, he declares to Mr. Spalding that he is fully convinced himself of the pro- priety of making all i)reparations and carrying all operations on at the joint expense. Seventh- What sum may be deemed necessai'y for the procuring of pro- visions and equipments for the commissionei-s arid gentlemen who attend them, with the sui-veyor and men engaged under* him ? The number of persons once determined by the two commissioner's, and actually selected and employed by the surveyor, also the pr'obable time the opcr-ations may take, once calculated, Mr\ Spalding, who knows best what articles are requisite, as well as their prices in the nearest great market towns, can best determine what sum it may require to procure them. The commissioner of the United States will readily acquiesce in any which the appropriation made by Congress will justify. Eighth. Will it be necessary to be furnished with moneyed means to meet the accidents to which every human oj)eration is subject ; or shall we depend upon sending for these aids after they have become necessary ? Jlnsv^er. Money might be wanted to pay off men discharged for* any one of a variety of causes which it is obvious may possibly produce that effect: something indispensable might be lost, or in some unavoidable way rendei-ed useless ; in which case, to save time and expense, it must be replaced from the nearest settlement where it can be jjr-ocured. Whatever- money may be carried, will be as entir-ely sale in the pocket of Mr. Spalding as any- where ic could be put. It need not be remarked that such a circumstance should be a jjr'ofourrd secret, for the knowledge of it might excite daring cupiility in Indians or others. JYinth. In what manner sliall we procure the funds necessary for carry- ing into effect our resolutions ? .Answer. If Mr. Spalding cannot pr'ocui-e them from the resources of Georgia, by aj)])lication to the Governor*, or in some more immediate way here, the commencement of the sui'vey cannot be made until communica- tion between the commissioner* of the United States and his Goverinnent shall be had, and the oi*ders of the Pi*e?iident received. Money can or)ly be drawn from the Tieasur'y of the United States, under the appi-opriation for this |)ur*pose, by the requisition of the head of the War Depai*tmcnt. That the United States Tieasur*y will be liable to the authorities of Georgia for* any advance it may make for the purpose of running this line, pr"ovidcd it neither exceed one moiety of the expense actually and unavoidably incurred in the pi*osecution of the intention of Congress in this particular case, nor yet exceed the whole amount of the 28 [ Doc. No. 77. ] approjjriation made by tliem on the occasion, need not be demonstrated to the authoi-iliesoC Georgia. Mr. Spahiing may rely upon the commissioner of the United States for Nvfiatevcr co-opei-ation he may require from him in this and all other points. Most respectfully submitted, by THOMAS M. RANDOLPH, Sen. Commissioner, ^c. To Thomas Spalding, Esq. Commissioner, ^c. Memoranda of points to be determined with Governor Randolph. 1st. Shall we commence running the line of separation between Georgia and Florida on the St. Mary's or at the Chattahoochie ? 2d. Shall there be one or two surveyors ? 3d. What number of men shall be engaged ? 4th. Shall we j)rovision them for the whole operation at this place, and for how long ? 5th. Siiall we employ, for transport, light wag«ms or pack-horses ? 6tli. Shall we make our preparations in all points at the joint expense ? 7th. Wliat sum may be deemed necessary for the procuring of provi- sions and equipments for the commissioners and gentlemen who attend them ? for the surveyor and men engaged under him ? 8th. Will it be necessary to be provided with moneyed means to meet the accidents to which every human operation is subject, or shall we de- per)d upon sending for these aids after they become necessary ? 9th. In what manner shall be })rocured the funds necessary for carrying into effect our rescdutions ? Respectfully submitted to Governor Randolpfi, by THOMAS SPALDING, Commissioner, ^c. Darien, February 13, 1827. East Florida, near Lake Oklahatciie, Saturday, Jlarch Z4, 1827. Sir: I have the honor to inform the President of the United States, through that de[)artment over which you preside, that the patty occupied in running tlie boimdary line between Georgia and Floriress, on all occasions, with regard to you. NVriting, as I do, on my knees from a log, I fear my hand will be scarcely legible. It mortifies me extremely to be a barl penman at all times ; but I am now too oM to improve in that at least, and must ask your indulgence for my inability to write under such circumstances. I am, dear sir, Your most obedient servant, T. M. RANDOLPH, Commissioner, (§*c, Thomas Spalding, Esq. Commissioner, (^"C. P. S. I will reply more in detail to your favor of to-day, as soon as it may be necessary, ;ind 1 beg your indulgence hv the delay. Junction of the Flint and Chattahoochie Rivers, Monday, Jlpril 9, 1827. My DEAR Sir: I have this moment received a communication from Governor Troup, v.hicii, in the frankness of his character, he permits me to lay before you. This letter contains, in (letail, the many reasons which, from time to time, I have taken the liberty to suggest to you as giving a claim to Georgia that the boundary line sliould not, at aiiy event, be extended beyond the mound tiiat Ellicott erected near the eastern branch of the St. Mary's river; believing, as I have done, from the beginning of our survey, t!iat both the streams into which the St. Mary*s is divided, take their source far south of the mound : but it is unnecessary for me to attem])t to add any tiling to the lucid exposition whicii Governor Troup has given, and I only allude to my opinion here, lest it should have been supposed I could have lost siglit oftiie rights of Georgia upon this subject. Yours, most I'espectfullv, TH.* SPALDING. To Gov. IlANDOLni, Cominissijner, S^'c. Thomas County, v^priV 4, 1827. My dbau Siu : Mr. McBride having joined us in camp, I beg leave to renew to you the proposition I made two days ago, that we should here suspend the experiment line, which can, in no circumstance, be any longer necessary ; and I beg to submit to you some reasons in addition to those. S8 [ Doc. No. 77. J which were contained in my letter to Mr. McBride, and which letter I read to you for your approbation. Since that time, Mr. McBride has run twenty-eight miles, and, instead of diverging towards either Mr. Mc- Neil's or Mr Watson's lines, he is now eleven chains farther from Mr. McNeil's, and five chains farther from Mr. Watson's. It is impossible, tiierefore, that we can imagine that, in the scarce forty miles which re- mains to be run, his line will diverge so far south as to unite with those lines which are now distant from his experiment line two miles and an eighth. It seems to me that our difficulties have arisen from permitting ourselves to suppose that Mr. Walson and Mr. McNeil ran straight lines, and not lines describing the arc of a great circle. The continued diverge- ment of Mr. McBridc's line from the lines of these gentlemen demon- strates, to my mind, conclusively, tliat they, like him, must have pursued the arc of a circle, and tliat oui' de\ iation to the north must have arisen in a mistaken allowance for variation, and this, too, is now Mr. McBride's opinion. As we arc to commence upon our real line at the junction of the Flint and Chattahoochie rivers, now distant but forty miles, to proceed at once there, and take up Mr. Ellicott's indicated course before any error of any consequence, at all important, can have arisen, we will have reached this point, when Mr. McBride's experiment line will serve all the purposes for which it was originally intended : it will serve to correct and to verify our labors upon the line. This arrestment of the experiment line has become the more necessary, because we have arrived at a part of the country thickly inhabited, and, at every progressive mile, we arc filling these inliabitants with uneasiness and alarm for their vested rights. It is known to us that the line we have been running is but an experiment line, and that its demarcation and measurement is only intended for the purj)ose of more readily and more truly verifying our future woik, but all this is not known to them ; and, although we may say this to those that we may meet in our way, words are fleeting and are perishable, while our course has been written upon the trees, and their alarms must and will be renewed as soon as we have passed. You will ren.en)ber, my good sir, that, from the beginning, I have been I'cluctant in consenting to such demarcation, and have only j^ielded, from the conviction in my own mind that the superior knowledge which you yourself and Mr. McBride possessed upon this subject, might make that necessary which to me did not appear so. This necessity, however, can certainly now no longer exist ; and I ap])eal to the feelings of liberality, which 1 have uniformly found in your bosom, for an indul- gence of those feelings which you are now sensible must exist in mine ; for suppose, sir, that, by any circumstance, after this experiment line should have been run, our work sliould be interrupted — and we hear ru- mors of Indian war at the present moment — would not the labors that we liave executed do a serious injuiy, by alarming all persons who are em- braced within these two lines ? Might it not even generate feuds between Georgia ami Florida upon tiie subject of their boundaries, where now there are none ? But I trust, my dear sir. I have said enough upon this subject; and I therefore most respectfully request your perusal of this letter, w ith the copy of the letter addressed, two days ago, to Mr. Mc- Bride. Yours, &c. T. SPALDING. To Tii. M. Randolfu, Esq. [ Doc. No. 77. ] 39 Executive Department, Milledgeville, 50th March, 1827. Dear Sir : I have received your two several communications from the Florida line, of the 7th and 12th instant. In draughting your original in- structions, it was confidently believed, from tiic best sources of informa- tion accessible to me, not only that the latitude and longitude of the two mounds, viz. tlie one at the mouth of the Flint, the other at the head of the St. Mary*s, had been established with the greatest accuracy and pre- cision, but that the latter mound was, in its position, very nearly identical Nvith the true source or head of the St. Mary's. I do not learn, from either of your communications, that this is not the fact : without knowing the relative position of the mound to the head of the river, it would seem that the commissioners, in a spirit of compromise, resolved to run the northeast line of 640 perches, supposing the head of the river would be found witiiin that line. The United States had unquestionably the constitutional right to form A treaty of boundary with Spain : to that treaty Georgia was no other- wise a party than as she was bound by the terms and sti])ulations of it when constitutionally made, as one of the States of the confederacy. It has not been settled how far, in forming treaties of boundary, the treaty-making power can proceed in surrendering, without their consent, territory claim- ed by the States. Apart from any constitutional doubts about it, it would seem sufficiently evident, in the eye of Justice and equity, that, if the United States, in a treaty of boundary with any foreign State, should ex- ercise the power of conceding the territory of a State without her consent, such State would have a fair claim of indemnity or equivalent against the United States — exclusive sacrifices by one State not being demandablc of right by the United States for the common benefit of all the States. If, therefore, the United States, under the Spanish treaty, had knowingly or otherwise, surrendered territory of Georgia to Spaiti, Georgia, under any circumstances, would have a just claim of indemnity on that account against the United States. If, in the course of events, the territory so surrendered should become the property of the United States, (Georgia, in the mean time, not having been indemnified,) that State might be con- sidered as having a just claim on the United States, either for the resto- ration of the territory specifically, or its equivalent. If, by the act of the United States, the boundary had been incorrectly established by the United States, in consequence of which Georgia lost territory, the obliga- tions of the one party and the rights of the other would not have been weakened on that account. Georgia would still have lost territory, not by her own act of omission, but by the act or omission of the United States. The United States would be bound, and most strongly bound, by her own act ; if that act produced benefit to Georgia, Georgia migiit take advantage of it. The United States could not, by such an act, acquire benefit to themselves at the expense of Georgia. The rights of Georgia ai'e independent of any act of the commissioner of the United States, charged with cairying into effect the treaty with Spain : they rest on her own charter, on the treaty of peace, the constitution of the United States, and her own constitution. If the United States commissioner was correct in establishing the true line, Georgia will cheerfully acquiesce. If he was incorrect, the United 40 [ Doc. No. 77. ] States will not consider liis act as binding and obligatory on Georgia, more especially as now the question is not between the United States and Spain, but between the United States and Georgia; and the more espe- cially, too, as the line not having been yet run and marked by the joint act of the United States and Georgia, the question may be coiisidered open for the ascertainment oftlie true line. If the niound B, therefore, and the true head of the St. Mark's, shall coincide, or nearly coincide, we would have no objection to that mound as the jjoiiit of departure. If, by his N. E. line of 640 pei'ches, Mr. Ellicott has passed the head or source of the river, or if, by his stipulating the terminaaon of the mile due north from the mound as the ti-ue point, the lines!)ail pass to the north of the head or source of the river, it will not be ex[»ccted by the United States tiiat Greor- gia will adopt that line as matter of course. The commissioner assumed the right so far to depart from the letter of the treaty, as to adopt as the point of teimination of departure, not the head or source of the St. Mary's, but a j)nint one mile due north from the mound B, whether the source or head of the St. Mary's fell within and south of that };oint or not; vvhilst, therefore, the United States may be governed by that point, if the head of the St. Mary's should be found north of it, the State of Georgia will not be govei'ued by the same point, if the head of the St. Mary's should be found south of it. Georgia can i-ight- fuliy resort to tiie ti-ue iiead of the St. Mary's, if she finds benefit oi- ad- vantage in doing so, no matter whether that head be found within the N. E. line of 640 jierchcs, or south of it, that being the tjiie point recognised by the treaty. The United States cannot take advatitage of their own error, to occasion loss to Georgia ; but Geoigia can insist on the act of the United States as obligatory on themselves, whetlier the United States suf- fer loss by it or not. Georgia is not disposed to derive to herseh' advan- tage from any error or mistake committed by the United States. In this res])ect, she will be satisfied with a ressdt that will approximate nearly to her just claims imdertlie charter, the t!Tiities,and the constitution. The Governor does not undertake to decide that the point at which the com- missioners have commenced is not the true ])oint; because ho has no means of ascertaining wlietlier that point coincides or nearly coincides Avith the head of the St. Mary's. Tlic commissioners arc best qualified to determine that fact, lie only suggests to the commissionei" of Georgia the ])ropriety of adopting, as his guide, not what has actually been done by the commissioner of the United Statrs under the ti-caty of 1795, but Avhat, according to that and other treaties, ought to have been done. As, in a transaction of this kind with the United States, thcj-c can exist no motive for concealment or disguise, and the less so because of the higli and honorable character of the gentleman wlio repi-esents the United States, you are at liberty to disclose to him, without reserve, the contents of this paper. If tiie vicv, s presented by it are not in accordance with his own, he will candidly inform you wiial his own are. The propriety of recognising the grants of Georgia for lands which may be left out by the permanent line, is obvious, and would have been cxj)ected from the well I.;,f>v, n lil)erality of Governor Randolph. it was not the intention of the instructions that the mound near to the junction of the Flint and Chattahoochie should b^- taken as the point of ter- mination or dcpi.rlure, Init the junction itself. >Aliatever be the result of the joint proceedings of the two commissioners, peiinit me to suggest the [ Doc. No. 77. ] 41 expediency of (provided the season sliould prove favorable for the object) an accurate survey, if practicable, of the course of tlic St. jNlary's, from the uioiind B to its true source. Should the true source not be found at the mound B, but above it, it is very di-sii-alilc, for moi-e reasons than one, that all doubts on this subject should be removed, and on the highest au- thority. You will not attempt it without the concurrence of Governor Randolph, who, I am persuaded, will not withhold that concurrence, particularly as the acyustnient of any unfortunate difterencc which may be the result of your common eflforts, must chiefly depend on a knowledge of this fact. Verv respcctfullv and sincerely, vours, G. M. Tiiour. To Thos. Spalding, Esq. Commissioner, <^'c. Encampment in the Woods, J\''c(ir the junction of Flint and Chattahoochie, Tuesday, Jiyril 10, 1827. Dear Sir : For your prompt commmiication of the recent despatches received by you from Governor Trouj), I make my cordial acknowledg- ment. I shall certainly have no liesitation in communicating to you what- ever instructions I may receive on this occasion; for, as I understand our duty, there can be no collision or misunderstanding bearing any relation to it ; as we have merely to comjjietc operations formerly coniEnenced, and left nnnni.slicd, having their foundation in views and decisions settled by an acquiescence of twenty-seven years on the })ai't of Georgia, and even acted upon by her authorities on more tlian one occasion befoi'C, of the same nature with this. I can do no more than co-operate with you in car- rying into execution an act of Congress, by running a straight line, which c-AW only mean the shortest jiossiblc line between two [joints geo- graphically determiiK'd twenty-seven years ago. The eastern point is that di'signatcd by the commissioners EUicott and Minoi-, who have dis- tinctly declared that the licad of St. Mary's is so far indeterminate, that it lies within a certain desrril)cd circle of considerable radius, and has a certain longitude and latitude, but has never been marked or described in any other way, or even found witli certainty as yet. The western point is the junction of the waters of two rivers, by which is plainly meant the extremity of the tongue of land between them, or that spot upor» whi(-h, when you stafid, one of your arms is extended over the waters of one rivei-, and the other over those of t!ie other river. It is obvi- ous that t!te river iniist, at the time of decision, be completely within its banks, and yet not at the lowest state of its watei-s. Tlie western })i)int once fixed upon thus, and a jn-oper trigonometrical calculation made, aline may be run by the compass, inaldng a calculated deflexion from an ordi- nary compass or thumb line, wiiich is demonstrably the shortest line be- tween the two ])()ints. and Ihercfore the straig!it line demanded. As the commissioner of the United States. Ellicolt. has given the course and de- flexion wanted, with the calculation by which he an-ivcd at it, I do not think any other should be attempted, and I am willing to proceed immedi- 6 42 [ Doc. No. 77. J ately with that. I should be satisfied, myself, to co-operate with you in a further investigation to find the source of the St. Mary's river, and a more exact demonstration of its locality; but I have no authority to concur in such operations, and could notsuffer myself to indulge one moment's thought about it ; besides, I believe the said source not only to be indeterminate, but indeterminable by any geometrical or any physical process whatever. If the river derived its supply of water from springs, tliat which furnisljed the most water in the course of the year might be found and declared to be the head spring, or that which happened to be the farthest from the mouth of the river. But, in fact, the river in question has its origin in a marshy country, of great extent, with few or no springs, deriving its waters from rain altogether ; of course, affording unequal supplies from any given sur- face, in any given time. In such a case, the dispute could be settled by compromise only, and such a compromise was made in the most regular manner twenty -seven years ago, accepted with consent at the time by Georgia, and never complained of until now. It is my opinion that a better could not now be made by any persons whatever, nor can I believe that any cession was made of territory belong- ing to Georgia. An adjustment of boundaries with Spain then can no more be considered a cession of territory belonging to a State, than with Great Britain now, under the treaty of Ghent. To conclude, it is my de- liberate opinion that we ought not to pi'oceed any further at present, but separate, consult the authorities by wiiich we are constituted, and meet again in November, to finish then. lam willing to concur with you as far as I can without compromitting myself. Pardon my bad writing : I am willing to do every thing in my power, and I conscientiously believe myself competent to what I have undertaken, both in mind and body; but if penmanship be a necessary requisite, I may retire from the undertaking with as much despatch as I should with satis- faction, having no motive whatever to influence me, but barely the deter- mination to do my duty as accurately as I possibly can, however roughly it may be. Permit me to declare my high esteem and cordial regard for yourself, and gratify mc so far as to assure Governor Troup of my continued senti- ments of admiration for his character. Your most obedient, humble servant, TU. M. RANDOLPH. T. Spalding, Esq., Commissioner, ^'c. Executive Department, Georgia, Milledgeville, 18th Jipril, 1827. My dear Sir: I received your despatch of the 10th instant this after- noon. I am not insensible to tiie many difticulties you have had to encoun- ter in running the line; dilficulties rendered supportable only by the har- monious and friendly intercourse Nviiich lias been uninterruptedly main- tained, and very much to my own gratification, between Governor ilandolph and yourself. Reposir)g the highest confidence in your patriotism and ability, it was already known to me that tiie rights and interests of Georgia would be stistained as they ought to be, and that, at your hands, they could suffer no detriment but from causes for which you could by no means be [ Doc. No. 77. ] 43 held responsible. It was equally well known that if Georgia suffered in- jury by the agency of Governor Randolph, the fault or blame would not be his ; he would willingly do wrong to nobody. It was apprehended, on the receipt of your letter of the 12th ultimo, that there must be something imperative in the instructions of the United States commissioner, which prohibited him from adopting the mound. It is now certain that his instructions, given in conformity with the act of Congress, limit him expressly, not to the head of the St. Mary's, but to the point agreed on by the United States and Spanish commissioners, under the treaty of '95. You have discovere of land on its north and east side belonging to Floi'ida, and anotlier smaller slip on its op])osite side behmging to Georgia. The torrents of rain lately fallen, which bar our passage eastward from this, by the swell of small creeks, at presenr, have, of course, swelled the Wythlacoochie also so greatly as to make long olfsels. nj)on uneven and roughly covered ground, absolutely iiecessai-y, and I left the surveyor employed in making them, lie has, in person, swam the river once, with every man of the party this time, and [ Doc. No. 77. ] 45 NV«uil(l liavc it to swim again twice moi-c : indeed, it is by no means cer- tainly otiiei'wise t!ian twice nsore in addition, if wc were to deny him the facility of an ofl'set, the error ot which (and snch operations arc never without error) must inevitably be carried on. augmenting w ith the distance, to the eastern end of the line, as already agreed upon accoiding to the {previous understanding between ns of ous' jcs])cctive authoi'ities. Now, all oui- consolation liilherto has been arent water ; the f(irmer sup- posed to be nine miles in circumference, the latter twelve. As no sound- ings could be made, their depth is unknown. The sources of the south and west branch being thus ascertaitied, the vcdumc of water contained in the north and west branches was tiicn measured at their junction, and the following result obtained : Cubic feet of water dischai-ged by the noith branch in one minute, 159 Do. do. west branch do. 238 The fact is then clearly established, that, of the three brandies into which the St. Mary's is divided, tlie south is the greatest, and the north is the least, though it is represeiitejl by Messrs. Ellicott and Minor as the principal. The only criteria for determinitig tlie principal hrancli of a river nnist be its Icngtii, volume of water, and general direction ; and these all coincide in the soutii branch of liie St. Mary's. It is three miles longer than either of the other branches, and discharges one-third more water than both of them togethei'. Its general direction agrees with that of the lower sectiou of the river inucli hotter tlian either of tlje other branches. If a line be drawn from Point Petre to the confluence of the nortli and soutli braiiches, and indefinitely pi'oduced toward tlic southwest,. it will pass tlii'ough Lake Spalding, tlic source of the soutli branch. It had been intended to make a running survey of the north branch also,, but, from the wry satisfactory nature of the information already obtained, together with some previous knowledge oi' the sources of tlie north branch, this intention was abandoned, believing that a further examination, while it would be attended with additional expense, could be productive of no- real utility. In collecting information respecting the topography of the country which it had become my duty to examine, I availed myself of tlieaid whicli could be afforded by the inhabitants. Thougli the population is extremely sparse, yet no country is better known than this. Resorting tiatlier for the bene- fits of the chase, and for the pasturage of immense herds of cattle, their knowledge of the country is extensive and accurate : and experience has proven that information derived from them may be safely confided in. Messrs. Cone, Brown, IJaibour, Jernigan, and Sparkman, of Camden county, and Filman, Ellis, Parrish, ami Long, of Florida, have freely C(»m- municated any information that has been re(|uested of them ; and 1 have the satisfaction of being able to inform your Excellency, that, in support of my own opinion, chiefly founded upon actual admeasurement, tiiese men have no doubt but that 'the north branch of the St. Mary's is less than either of the other two, and that it can have no just pretensions to being considered the priticipal. By Mr. Filman, who lives witinn half a mile of the Pine Log, I was informed that, at the time of making this examina- 7 50 , [ Doc. No. 77. J tion, the whole of the water in the north hrarich was afforded by Alligator creek, and that at the Pine Log the channel was dry and dnsty. The United States and Spanish commissioners, who, in 1800, attempted to ascertain the source of the St. Mary's, in ascending the river with their canoes, passed the junction of the north and south branches, considering the former as the principal. That those commissioners should have made «n erroneous determination, may be attributed to the deceptive appearance of the two brandies at their confluence, and to the peculiarly unfavorable season in whiclj their investigations were made. The cliannel of the north branch is wider than that of the south. Its depth is greater, and its water «f a dark reddish color. At the point of disembogucn»cnt, the south branch AS a beautiful, limpid stream, whose narrow channel and transparent water Tender it, apparently, one-third less than the north, but its velocity is one hundred and sixteen feet per minute, while that of the north bianch is only tlilrty-eight. The disparity of width in these branches is accounted for by the difference of the countries in which they have their sources. That in which the south branch rises is gently undulating, and the transparency and low temperature of the water prove its origin to be principally in springs. The vicinity of the sources of the north branch is frequently an extended plane, with but little elevation or dej)ression, which, in rainy seasons, is completely inundated for many miles ; and these vast sheets of water, be- Hng di'ained into the noith branch, increase its volume to a torrent, which forms a channel much wider than the south branch. When tiie United States and Spanish commissioners were here, in February, 1800, Mr. Ellicott, in his journal, informs us that the swamps, at that season of the year, "were absolutely imjjenetrable," in consequence of the preceding winter's rains. We cannot, therefore, be surprised at their failure to make a correct determination. The loss sustained by Georgia in running the boundary, according to the agreement of those commissioners, is a triangle, whose base is 157 miles, its perpendicular 30 miles, and area 2,355 square miles, or ,507,200 acres. Kespecting the general character of the country through whicii our southein boundary passes, it may be remarked, that, in proceeding west- wardly, by the I'ine Log, for sixty-live miles, the soil is extremely barren, and swamps, cypress ponds, bay galls, and saw palmetto, abundant. The Suwanee and Allaj)aiia rivers are found in this section ; but tliere is little iatul in their vicinity that can ever reward the agriculturist for his labors. On aj)|»roaching the Wythlacoochie, the face of the country is much altered. Here it becomes more undulating, and lime pits and lakes of pellucid wa- ter arc skirted by slips of fertile land. From this, the soil is remarkable only for its sterility for twenty-five miles, and until we approach the Ocil- la, where are found tracts of excellent land, interspersed with lakes and deep morasses. The saw jialmetto and cypress ])onds here disappear, but the former barrenness of soil continues generally throughout the remaining part of the boinidary, except in the vicinity of the Mickasuky and Yamonia lakes, the Ucklockannc river, and Attapulgas creek, where large bodies of rich loam will repay the purchaser for his ad>enture, and the laborer for liis toil. With considerations of respect, your Excellencv's most obedient servant, JOHN'McBRIDE, Surveyor, Gov. Tuoup, MUledgexille. [ Doc. No. 77. ] 51 J^otes and estimates made in ascertaming the volume of the several branches of the St. Marifs river. JVo. 1. JS'orth Branch, {Junction C.) Width - . . . . 39.6 ft. Mean depth . . . . .666 Velocity of the surface per inimite - - 44.22* To find the volume : ^ 44.22—1 = 5.649. 5,649 X 5.649=31.9, the velocity of the bottom and sides. 44.22 + 31.9 =38.06, the mean velocity. 2 And 39.6 X .666 x 38.6= 1003.77 cubic feet, the volume. JVb. 2. South Branch, {Junction C.) Width .... - 26.4 ft. Mean depth - - - - .5 Velocity of the surface per minute - - 126.72 To find the volume : ^/ 126.72—1 = 10.257. 10.257 X 10.257=105.2, the velocity of the bottom and sides. 126.72+105.2 =115.96, the mean velocity. 2 And 26.4 X. 5 X 1 15.96= 1530.67 cubic feet, the volume. JVo. 3. JV*or//i Branch, {half a mile above JVb. 1.) Width - - . . . 40.26 ft. Mean depth .... ,697 Velocity of the surface per minute - 40.92 To find the mean velocity : v/ 40.92 — 1 = 5.4, very near. 5.4 X 5.4 = 29.16, the velocity of the bottom and sides. 40.92 + 29.16 =35.04, the mean velocity. 2 And 40.26 x .697 x 35.04 = 983.26 cubic feet, the volume. JSTo. 4. South Branch, {half a mile above JVo. 2.) Width ..... 18.56 ft. Mean depth - - - - 1.14 Velocity of the surface per minute - 64.68 • To obtain the mean velocity of a current from that of its surface, Mr. Fulton has oblig- ingly furnished me with the following rule ; in which x represents the velocity of the surface, and z that of the bottom and sides. x+z \/x—l-=y/z And =the mean velocity. 2 62 [ Doc. No. 77. ] To find the mean velocity : x/ 64.68—1 = 7.042. 7.042 X 7.042=49.58, the velocity at the bottom and sides. 64.68 + 49.58 -^— — =57.13, the mean velocity. 2 And 18.56x1.14x57.13=1208.67 cubic feet, the volume. JVb. 5. JVorth Branch, (Junction ofJST.and W. Branches-) Width ----- 18.48 ft. Mean depth - - - - 1.03 Velocity of tlie surface per minute - - 11.22 To find the mean velocity : ^/ 11.22—1 = 2.55, nearly. 2.35x2.35 = 5.52, the velocity at the bottom. 11.22 + 5.52 =8.37, the mean velocity. 2 And 18.48 X 1.03x8.37=159.3 cubic feet, the volume. JVo. 6. fVest Branch, [Junction oj the JV. and W. Branches.) Width . . - . - 11.22 ft Mean depth - - - - .32 Velocity of the surface per minute - - 74.58 To find the mean velocity : v/ 74.58— 1=7.636. 7.636x7.636 = 58.3, velocity at the bottom and sides. 74.58 + 58.3 = 66.64. the mean velocity. And 1 1. 22 X. 32X66. 44 = 238.54 cubic feet, the volume. Result of No. 1, N. B. . - . 1003.78 Result of No. 3, N. B. - 983.26 Sum 1987.04 Mean 993.52 Result of No. 2, S. B. - ~ 1530.67 Result of No. 4, S. B. - 1208.77 Sum 2739.44 Mean 1369.72 As 1369 : 993 : : 4 : 2.9; Or, S. B. : N. B. : : 4 : 2.9.; or, as 40 to 29. Result of No. 5, N. B. - - - 159.3 Result of No. 6, W. B - 238.54 As 238.54 : 15S 1.3 : : 3 : 2; Or, W. B. : N. B. : : 3 : 2. Re ;.spectfullv submitted. JOUN McBRIDE, Surveyor. October 1, 1827. [ Doc. No. 77. ] 6g An act to prevent the surveying or granting of certain lands either under head rights, or in any other way, and for other purposes* Whereas the dividing line between the State of Georgia and Florida has not yet been mm and marked, but, when run, must be from the head or source of St. Mary's river straight to tlie confluence of Flint and Chatta- hoochie rivers ; and whereas it is believed that the said line must, and of right ought to. commence from tlie head or source of the south branch of St. Mary's river, in which event a lai'ge portion of territory will be in- cluded within the limits of Camden county, and subject to be surveyed and granted as vacant lands : Sec. 1. Be it therefore enacted by the Senate and House of Representa- tives of the State of Georgia in General Assembly met, ami it is hereby enacted by the authority of the same, That it shall not be lawful for any portion of tiie territory lying between a direct line from Ellicott's mound upon the iiortli branch of St. Mary's river to the junction of the Flint and Chatta- hoocliie rivers, and the dividing line which may hereafter be run and marked between the State of Georgia and Florida, to be surveyed and granted as vacant land, or in any other way, or for any other purpose, until provision therefor shall be made by law. And that all surveys which shall be so made shall be, and tlie same are hereby, declared null and , void. Sec. 2. And be it further enacted by the authority aforesaid, That, when the said line shall be run and marked, if any j)ortion of the territory shall be included within the State of Georgia, wliicli may be claimed and held under and by virtue of a grant or grants from the United States, upon purchases made previous to the passage of this act, then, and in that case, the said grant or grants shall be, and they are hereby, declared good and valid to all intents and pni-jjoses : Provided, The United Slates shall, and do, W'thin two years from the time of running and marking said line, pay to the State of Georgia the amount for wliich the territory so held and granted may have been sold by the United States. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 24, 1827. John Foksytu, Governor. The Governor of Georgia to the President of the United States. Executive Department, Georgia, MlledgevUle, December 29, 1827. Sir : I have been requested by tlie General Assembly to open a corre- spondence with you, iti order to facilitate the adjustment of the boundary line between this State and the Territory of Florida. It is well under- stood here, that, until the act of Congress, passed the 4tli of May, 1826, authorizing the President to run and mark a line dividing Florida from Georgia, is altered or repealed, the Chief Magistrate of the Union has not power to comply with the just expectations of the State in relation to its 54 [ Doc. No. 77. ] southern boundary. Tliis communication is made, tlterefore, under the expectation that it Nvill be laid before Congress, witli such recommenda- tions as the respective rights of the State and of the United States may, in your judgment, require. The subject is of deep interest to this State, not from the value of the land, the title to which is dependent upon the de- cision of it, but because tlie description of the boundary is a part of our constitution. To the Union it is of little moment, exce})t as it affords a fair occasion to consult fratikly the wishes of one of its members, and to establish a character for liberality to the individual State, of far greater importance than the acquisition of a few hundred thousand acres of arid territory. It is one, too, on which even a concession to the State, if the right were doubtful, is recommended by the consideration that the land which would be given up will remain, although in a different form, a portion of the United States, and of the rcsouices of the Union. Addressing myself to the Government of tiie Union, to whom the Ter- ritory of Florida now belongs, no doubt is entertained that a demonstra- tion of the right of the State will be followed by a prom])t acknowledg- ment, and such legislative provisions as may be necessary to secure the full enjoyment of it. The southern limits of Georgia depend, 1st. Upon the charter to the lords proprietors of Carolina, of 1663; 2dly. Upon the proclamation of the King of Great Britain, of 1763, establishing the boun- dary between Georgia and the two B'loridas, and the King's commission to Sir James Wright, of 1764; 3dly. Upon the treaties between the United States and Great Britain, of the 30th of November, 1782, and the 3d of September, 1783. Confining myself to the southern boundary of the State, according to the territorial limits fixed in the compact with the United States, of 1802, it is a line beginning at the most southern branch of tlie St. Mai y's river ; thence, up the said river, to its source; thence, in a direct line, to the junction of the Flint and Chattahoochie rivers. Subsequent to the treaty of 1782, Spain, having obtained from Biitain a cession of the Floi'idas Avithouc any description of limits, was disposed to make territorial preten- sions inconsistent with our riglils. The treaty of 1795, concluded at San Lorenzo by Mr. Pinckney and the Duke of Alcudia, put an end to these pretensions. Tlie 2d article of the treaty, conformably to the insti'uctions of Mr. Jefferson, then Secretary of State under General Washington's administration, describes the line between Florida and the United States (acting for Georgia) in tlie words used in the treaty of peace of 1782 be- tween the United States and Great Britain. For the purpose of preveniing disjiutes, and to produce an immediate good effect on the Indians on the borders of Georgia and Florida, Mr. Pinckney introduced, without instruc- tions, into the treaty an article, the 3(1, providing for the immediate de- marcation of the boundary line described in the 2d article. This article reciuiied the appointment of a commissioner and surveyor by each Government, wlio were to meet at Natchez within six months from the date of the ratification of the convention, and to run and mark the line according to the pieceding article; they were to make jilats and to keep journals of their ])rocoedings, which were to be considered a part of the convention, and to have the same force as if inserted therein. A commissioner and surveyor were apjiointed by (he United States to exe- cute these stipulations. It is not necessary to detail all the circumstances [ Doc. No. 77. ] 55 which occurred from the meeting of the American commissioner with the Spanish officer, who was said to he the commissioner of Spain, to the pe- riod when the woriv was finally intcrinptcd and left ntilinished; which^ by some fatality, happened precisely at the point where the ])rcsent south- ern boundary of Georgia begins on the Chattalioochie. It is sufficient for the present j)Ui'pose to recall to your recollection these fact^, resting upon the assertion of the commissioner of the United States, that every artifice was used by the Spaiiisli Governoi* of Louisiana, who is stated to have been the commissioner of the King of Spain, to prevent the comtnencement of the demarcation ; that every obstacle he could secretly inter[»()se was pre- sented to delay the execution of the work; that, by tiie dishonorable intrigues of the Spanish authorities with the Itulians residing in the vici- nity of the line to be marked, and their disregard of the provisions con- tained in the 3d article of the treaty, they at last succeeded in compelling the American commissioner to abandon the work, and leave it, as it has contiimed to this day, incomplete. The State now asks from Congress the fulfilment of the stipulations made for her in 1795, with Spain, the completion of the work, not completed because Spain was unfaithful to bei' engagements. The current of events, favorable to the repose and to the prospei'ity of the Union, have placed it in the power of Congress to do immediate jus- tice. It is not now necessary for you, sir, to prosecute a painful and te- dious negotiation with a Government most unwilling to understand the just claims of others, and ])rocraslinating, througli policy, the acknow- ledgment of them when they can no longer be denied. The Unitetl States stand in the place of Spain, hold the title of that Government, and no other, to the Territory of Florida ; and they have only to satisfy them- selves what Spain could justly claim, in a controversy with this State, un- der the convention of San Lorenzo. Tiiat convention, requiring a direct line to be drawn between two unchanged geographical j)oints, does not seem susceptible of controversy ; and were the subject now for the firstr, time agitated, none could be anticipated. Bnt a difficulty is known to exist, and is to be found in a j)eculiar provision of the before mentioned act of Congress of the 4th of May, 1826. The motive for introducing that provision is perfectly understood, and duly respected ; it was intended to prevent what it lias produced, delay and discussion. The provision is, that the line to be so run (dividing Flo- rida from Georgia) and marked, shall be run straight from tlie junction' of said rivei's Chattahoochie ami Flint to the point designated as the head of St. Marifs river, I)ij the commissioners appointed under the third article of the treaty of friendshii), navigation, &c. &n. between the United States and Spain, made at San Loienzo, &c. &c. This provision wa& fouiuled on the belief that the point desi ijnatcd as the head of St. Mary^s^ was the source of that river. This belief, entertained here as well as at Washitigton, recent and accurate examination has shown to be unfounded. The evidence relied on by the State, on this point, is already in your hands ; the chart of the St. Mary's, prepared by Mr. McBride, and his report of the examination made by him for the source or head of tliat river. The supposition on which the jjioviso in the act ^A' Congress was founded being shown to be erroneous, no disposition can exist to jiersist in retain- ing it, to the injury of the Slate, unless the right of Congress to insert it is clearly shown, and it is required by their obligations to the other States. «6 [ Doc. No. 77. ] If Spain were now the ])aity interested, it is scarcely possible that, in utter disregard of the obligations of truth and justice, she should insist that the line should be run and marked to the j)oint dcsignaled as the head of the St. Mary's, by the commissioner ai)j)ointed under the third article of the convention of 1795 : on the hypotlicsis tliat Spain was still the own- er of tiic Floridas, and so forgetful of lionor as to make such a demand, by what argument could it be sustained ? It would be asserted that the acts of the commissioners appointed under the third article had become part of the convention, and were as obligatory as if inserted in it. This asser- tion is true only of those acts of the commissioners which they were au- thorized by the third aiticle to perform. They were authoiized to run and mark a line : has it been done ? It has Jiot : more than 150 miles of the line is yet to be ruii and marked. To meet this state of facts, it might be asserted that, it being found impi'acticable to run and mark the line at that time, the commissioners agreed upon thetwotei-minating points, and desci'ibed, in tiieir plats and journals, the direction of the line to be hereafter run and marked ; and that the head of St. Mary's was thus agreed to be within a certain distance of a mound raised. Were the com- missioners appointed for this purpose ? Certainly not : they were ap- pointed to run and mark a line, not to establish the points between which the line should, at some distant time, be run and marked. By what au- thority did tiie commissionei-s exercise this power ? It is not given by the third ai-ticle of the treaty : no agreement made by them is binding upon either of the Powers who appointed them, unless subsequently ratified by both. Such an agreement as the one niade was not within the spirit of the ai-ticle, but is directly contrary to it, since it substitutes an artificial object as the point of tei'mination for the natural one fixed on in the con- vention, and confessedly changes the line. The extent of the agreement is stated by the American commissioner, Ellicott, in these words : " It was, thcrefoi-e, agreed that the termination of a line, supjjosed to be drawn W. 45 E. 640 ])erches from the mound B, should be taken as a point to or near which a line should be drawn from the mouth of Flint river, which line, when drawn, should be final, and considered as the permanent boun- dary between the United States and his Catholic Majesty, provided it passed not less than one mile north of mound B ; but if, on experiment, it should be found to j)ass within loss than one mile north of the said mound, it should be collected to carry it to that distance." No remarks on the peculiar character of the line described are deemed necessary ; the pas- sage is ([uoted to show that Ellicott transcended his authority, and did what was not binding on his Government, unless subsequently ratified by it. It is presumed he had i.o instructions to make such an agreement; if he had. this State denies that the convention of 1795 authorized them to be given. NVas this agreement ratified by the two Powers prior to the cession of Florida by Spain to the United States ? It is taken for granted that it •was not. If not, the question remains as it did under the convention of 1795. The stipulations of th«i tliird article are yet to be perfonned, and the point to which the line from the junction of the Flint and Chattahoo- chie is to be run, is to be determined by relerring to the second article of the convention, not by an appeal to the agreement of Ellicott. It is a geographical point, unvarying and unvaried ; not the creation of man's labor. It is a spot described by the two Governments ; not that substi- [ Doc. No. 77. ] 57 tutcd by tlieir subonlinate, uiiautliDrized agents. The agreement of Elli- cott was not obligatory, even u|)on biiiiself. Prior to the runni)ig and marking the line, had any error, geograj)hical or astronomical, been made by accident, it was in the power, and it was the duty, of the commissioner to correct it as soon as it was discovered. Can it he pretended that, if Ellicott had discovered, immediately after the supposed source of the St. Mai-y's was agreed upon, that the spring or lake, from whence issued the southern branch, was the true source of the river, he was bound to abide by the judgment he had formed on imperfect information, and to run and mark tiie line contrar-y to the j)rovisions of the convention, to the injury of his country ? If the line had been completed by Ellicott, under the mistaken impression entertaiticd by him of the true source of the river, and the mistake had been clearly ascertained, it would Iiave given the General Govertnnent great satisfaction to have been able to rectify, by a negotiation witli Spain, the error committed. Called upon by Georgia, would the General Goveriiment have hesitated to rejjrescnt to Spain that a just Government would best consult its honor and its interest by rectify- ing, with frankness, an ei-ror committed by its inferior oilicers ? Can it be doubted that the United States would have seized, with avidity, tlie first occasion to oblige Spain to surrender to Georgia territory held in conse- quence (d' such an error ? If such would probably have been the course of the General Government, had the error been- consummated by the run- ning and marking of the line, I leave you to consider what would have been their conduct, had Spain, remaining owner of the territory, obsti- nately persisted in claiming to have it run and maiked according to Elli- cott's agreement, after the mistake committed by him had been discovered and exposed. The United States, tracing the failure to complete the work to its source, might have overwhelmed Spain by justly deserved re- proaches for disgracefully attempting to take advantage <»f its own infide- lity to sacred engagements, by indignant recitals of the intrigues and artifices used, tlie treachery displayed, from the meeting of the commission- ers at Natchez until Ellicott was driven from the Chattahoochic. I shall be pardoned for suj)posing the Government of Spain would have exposed itself to rebuke by advancing such claims. Tiie possibility has been ad- mitted, to bring fairly into view the peculiar ])osition of the United States in relation to this question. The trustees of Georgia, who arranged the convention of San Lorenzo, are the Indders, by purchase, of tlie title of Spain under that convention. In this their present position, their former relation being necessarily remembered, no pretension can be consistently made by the United States, which would have been disputed if made by Spain, while the Floridas belonged to that Power. No clainj of Georgia, which the United States would then have seriously pressed upon Spain, can be honorably resisted by the United States holding the property as a cession from that Power. Above all, it would be the extremity of disgrace, if the Federal Government should seek to take advantage of an error com- mitted by its authority, while acting as the guardian of the rights of this State, wher> Pjovidence has j)laced it in its power to correct the error by a simple exertion of its own will. The accompanying copy of an Executive message to the General Assem- bly of this State, and of an act passed by tiiat body, are forwarded, that they may be presented, with the documents heretofore transmitted, to the 8 58 [ Doc. No. 77. ] consideration of Congress, whenever you shall deem it proper to bring the subject of the boundary line between Florida and Georgia before them. I am, sir, verv lespectfully, your obedient servant, JOHN FORSYTH. John Q. Adams, President of the United States- Message from the President of the United States^ transmitting, in com- pliance ivith a resolution of the Senate of the Wth instant, a re- port from the Secretary of State, with copies of instructions, <^c. to Andrew Ellicott, commissioner for running the line betiveen the United States and Spain. Washington, February 14, 1828. To the Senate of the United States : In compliance with a resolution of the Senate of the 1 1th instant, re- questing copies of tlie instructions to Andrew Ellicott, commissioner for running the line between the United States and Spain, and of any journal or report of the commissioners, I communicate herewith a report from the Secretary of State, with the documents requested, so far as they are found in the files of that department. JOHN QUINCY ADAMS. Department of State, Washington, February 13, 1828. The Secretary of State, to whom has been referred, by the President, the resolution of the 11th instant, requesting him « to communicate to the Senate cojjics of the instructions of the Government of the United States to Andrew Ellicott, Esq., commissioner on the part of this Government, for running the line between tlie United States and Spain, under the treaty of San Lorenzo el Real, and of any journal or report made by the said Andrew Ellicott and the commissioner of Spain, of the executi )n of the siud commission, or sucIj parts tliereof as may be communicated without injury to the public service," has the honor to report, herewith, the in- structions requested, contained in a letter from Timothy Pickering, Secre- tary of State, under date the 14th day of September, 1796, addressed to Andrew tLIIicott, commissioner, and Thomas Freeman, surveyor, to run and mark the line between tiie United States and Spain, in conformity with the treaty of San Lorenzo el Real. A searcli iiad been several times heretofore made, witliout success, for the report of whirh a copy is requested. When it was known that the Senate would call for the leport, a careful and thorough research was made for it, but it has been alike unsuccessful. Tlie joint or separate report of the commissioners, if it were ever made, is not now to he found on the files of the Department of State. It appears from a printed journal of Mr. Ellicott, |)ublislied in 1803, giving an accou?it of tiie proceedings of the commissioners in running the line, (page 278.) that the astronomical part of the boundary being completed, it only remained to make out the report, [ .Doc. No. 77. J 59 with the maps or charts of the line. As a proper place for performing that business, the commissioners agree to repair to tlie soutli end of Cumberland island, where they could be more retired, and would be less interrupted by company. From a letter addressed by Mr. Ellicott to the Secretary of State, dated at Cumberland island, on' the 22d March, 1800, (of which a copy is also herewith transmitted,) it appears that they accordingly did retire to tliat island, for tlift purpose of completing that report ; that they were actually engaged in the ])repai'ation of it ; and that Mr. Ellicott ex- pected it would be completed tlie week after the next succeeding tiic date of his letter. Wiietiicr, in point of fact, it was finished, and transmitted to the Department of State, cannot now be here ascertained. A letter has been recently addressed from this department to the minis- ter of the United States in Spain, directing him to procure a copy of the report, if it be among the archives of tlie Spanish Government. All which is respectfully submitted. H. CLAY. Colonel Pickering, Secretary of State, to Mr. Ellicott. Department of State, Philadelphia, September \i, 1796. Andrew Ellicott, Commissioner. > j^.f^^^ti^^,^ 1 HOMAs b REEMAN, Surveyor. 3 To Andrew Ellicott, commissioner, and Thomas Freeeman, surveyor, on the part of the United States, for running and marking the southern boundary line which divides their territory from the Spanish colonies of East and West Florida : You will receive herewith a copy of the treaty of friendship, limits, and navigation, concluded between the United States of America and his Ca- tholic Majesty, as finally ratified on both sides, and proclaimed by the President of the United States ; togethei* with the second and third arti- cles of the treaty, transcribed from tiie original in the Spanish language. In contemplating the mode of carrying into execution these two articles which respect the southern boundary, it has been considered that the coun- try thi'ough whicli the line is to be run, belongs, for tiie most part, to the native Indians, and is, of course, a wilderness. Hence many difliculties may attend an attempt to i-un and mark one continued boundary line from the MissiHsipj)i to the St, Mary's. Nevertheless, if the Indians will allow it to be done, and tlie nature of the country admits of it, you are to run and mark such a continued boundai-y line. If the Indians are averse to the measure, and oppose youi- proceecding, you must stoj) as soon as you find a furthoi- advance would hazard your safety, or a bi-eaciiof our friend- ship with any tribe. But the Creeks have expressly stii)ulatcd a free passage of the commissioners, and their followers, to run and mark the boundary line through their tei-ritory ; and the Choctaws probably may, on the application of the commissioners, also give the like permission as it respects tiieir country. However, if either the opi»osition of the Indians, 60 [ Doc. No. 77. ] or the impracticability of the country itself, through which you must pass, should render the running a continued line impossible, or extremely tedi- ous and diiKcult, then the next best thing n)ust be attempted, that is, accuiatcly to fix the latitude of the boundary line at the eastern bank of the Mississipj)!, and to run and mark the line thence as far eastward as the Indian title has been, by any regular and lawful means, extinguished, eiiher under the British or Spanish Governments. If the Indians and tlie nature of the country permit you to proceed farther, you will go on as far as it shall be practicable. And if, from any cause, you are obliged to leave any pait of the line unsurveyed and unmarked, you will at least ascertain •where it strikes the great rivers, from the Mississippi to the Appalachicola. From the junction oi the Flint river with the Appalacliicola, the boun- dary line, ceasing to be a parallel of latitude, must, if possible, be run and marked through its whole course, to the head of tiie river St. Mary's. So far as tlie boundary line is a parallel of latitude, you will ascertain the same with all j)i-acticable accuracy, and erect permanent monuments of stone, vvhere attainable, and, at other places, of earth. And in the latter case, it may be eligible to plant in the ground large posts of cedar, or other durable wood, two or three at eacli monument, in the range of the line, and to bury them up with several feet of earth, so tiiatby beingconcealed fliey may not be removed, and, by an exlusionof the air, they may not be liable to rot. The mounts of earth may be oblong in the range of the boundary line. "Where cedar or other very durable wood is found, a large post may be erected in the centre of each mount, standing above ground, with the words United States cut on one side, and Florida, or Spanish Florida, on the other. From the Ajjpalachicola to the head of St. Mary's, you will, at conve- nient distances, erect the like monuments of stone or earth. In every continued line through a wood you will designate the same by marked trees, as usual. The longitudes of all the places where monuments shall be erected arc to be ascertained with all possible exactness. The third article of the treaty requires that the commissioners make plats and kecj) journals of their proceedings, which are to be considered as jiart of tlio treaty, and have the same force as if they were inserted therein : the ])lats and journals, therefore, should be made with accuracy and precision, and the latitudes, longitudes, courses, ajid distances, ex- ])resscd in words at lengtli as well as figures. It being necessary that a careful person should accompany you, to take charge of the stoi-es and provisions, and issue the same, and to leceive and disburse the money for wages and supplies, Charles Anderson, of Philadel- phia, for his known integrity and capacity, is designated to perform those services under your direction. You will enjbrace every convenient ojjjjortunity to inform the Depart- ment of State of your progress in this business, which it is expected you will conduct with diligence and economy. These views will be promoted by your maintaining harmony and g(to(l \inderstanding with the commis- sioner and agents on tlio part of Spain. IJy the certificate annexed to the copy of the second and third ai'ticles of the ticaty, you will see that the ratifications of the treaty were exchanged on the 25th of April last ; and consequently that you ought to be at the Nat- [ Doc. No 77. ] 61 cbcz before the 25th of October next ensuing, agreeably to the stipulation in the third article. TIMOTHY PICKERING, Secretary of State. Cumberland Island, March 22, 1 800. Sir: Your letter of the 30th of January last came to hand on the l3th of this month, and is ti«e first I have received from you since I loft New Orleans. I retired to this place immediately after descending the St. Mary's, for tlie purpose of completing our rcpoi-t, which will probably be finished the week after next, with all the plans, charts, &c. The report will be very lengthy, and contain a great number of asti'onomical observations and in- tricate calculations, in no part of which have I any assistance, except in copying. I am extremely anxious to have the irport signed ; for niy want of faith is so great in all the olficers of his Catholic Majesty, that I sup- pose nothing done till it is finished. The Spimish party propose i-eturning by I'hiladelphia and Pittsburg. What their views are, I know not. Mr. Power has been so long in the habit of intrigue and du]»licity, that he is only at home when in the midst of confusion. His former residence in Philadeljjhia procuring him an ex- tensive accpiaintance with the partisans of Fi-ance ; and tbougli he has been appointed surveyor on behalf of his Catholic Majesty, he never attended t» the business but one week : his employment has been vei-y diffcient, but for- tunately without much effect. Tlie boundai-y has actually been executed by the United States, and would have been done at a much less expense, had no other Power been concci-ncd in it. From a sus[)icion whicli I think was well founded, I was at all times able to complete tlie work without the aid of the otiiei* party : and had it not been for tlie numbers and firmness of my people, at the mouth of Flint i-iver, my journal, (and there is no other,) with all my documents, and public and private correspondence, with the whole apparatius, would certainly have fallen into (heliandsof the Indians. The other party liad ])revious!y divested themselves of every article of va- lue which would impede their flight, and remained without foice or appa- ratus, except an old surveying coinj)ass, which for some time had a wooden sight. Infinite address has been practised with my young men, and tlie commanding oflicer of my escort, to make them troublesome ; but a re- membrance of the decided measures I had taken on a foi-mer occasion has kept them within houmls. This expedition has taught me a useful lesson. I was always pleased with our Government : I now think it perfect. I can now see the differ- ence between a Government whose basis is the ])eople, and one supjjorted by intrigues, duplicity, and ])arade. In the former, man feels his dignity; he is open, candid, and honest; but in the hitter, he becomes ii jealous as- sassin. When I look back and sec the didiculties with wiiicli we were surrounded, and the dangei's by which we wer-c menaced, I feel conscious that our success has been owing to good fortune. TIic report which was handed in by Mr. Gillespie and the Spanisii deputy surveyor, tliat »Mhe St. Mary's did not head in the Okefcnokce swamp,'* is incorrect. I was €2 [ Doc. No. 77. ] one who traced it up to tlie junction, and slcpttwo nights on the margin of the swamp. The trip was a disagreeable one, and I yet feel the effects of it. The United States extend further south than we had any idea of. The most southern bend of the St. Mary's is in latitude 30° 21' N. nearly, and the source of tlie river is about 30° 34' N. In all probability I shall be in Philadelphia about the last of next month. I am, sir, with esteem, your sincere friend, ANDREW ELLICOTT. The Hon. the Secretary of State, of the United States. Resolutions and dnmments relating to the boundary line between the Slate of Georgia and the Territory of Florida. Executive Office, Tallahassee, January 7, 1 828. Sir: In compliance with a resolution of the Legislative Council, I here- with transn)it to you the report of '* the select committee to which was referred so much of the message of the acting Governor as relates to tlie contested jjuestion of boundary between the State of Georgia and the Ter- ritory of Florida," and ask, in the language of that resolution, your ''im- mediate attention to the same." I am, sir, very respectfully. Your obedient servant, WM. M. McCARTY, Acting Governor of Florida. Hon. Jos. M. White, Washington City. The select committee to which was referred so much of the message of the acting Governor as relates to the contested question of boundary between the State of Georgia and the Territory of Florida, beg leave to report: That the great importance and delicacy of the question has induced them to give to it the highest consideration, and to bring into bearing all the points which, in their estimation, were essential to a true statement of the causes of difference existing between the two Governments. Looking with anxious eyes to the prosperity of the territory, and to the future stand she seemed destined to take as a member of this great political family, they have witnessed, with pain, an attempt to deprive her of a most valuable portion of her population and her soil ; and, in so doing, at once to pros- irate the fairest hopes of her most ardent admirers, and continue her in her present tei-ritorial condition. Forming the extieme southern link in the chain of tiie American States, and jjossessing all the advantages which must necessarily How from hei- commercial position, supeiadded to the richness and fertility of her soil, the genial influence of her climate, and the hardy and adventurous ciiaiactei- of her citizens, they looked with aching hearts, even to the remotest j)robability of an event so imminently calculated to undo all former efforts in her cause, and place her in a situa- [ Doc. No. 77. J 63 tion to remove all inducements to riiture exertions. Rapidly assuming a station which hus scarcely been the Ibi-tunate lot of any one of the territo- ries of the Union, wliile yet in i)er infancy, she bid fair to ripen into matu- rity, adorned with every feature calculated to render iier an ornament to tlie Union, and one of the most valuable members of the body politic. Thougli these reflections weiglicd upon the minds of your committee, and had their operating influence, yet tlie true state of the question has not been abandoned from such considerations. On the contrary, they were the more impelled to exertion, in order to show the invalidity of the claim ad- vanced by the State of Georgia. Jn this they believe they shall succeed; and, that the matter may be fully understood, they present, in a form as distinct and lucid as their circumstances admit, every thing having a direct relation thereto. The first intimation of the claim of the State of Georgia to a portion of the lands heretofore acknowledged as the soil of the United States, and sold as such to private individuals, is found in tlie message of his Excellen- cy, George M. Troup, late Governor of that State, to the Ltigislature, just before his retirement from oflice. This, to us, most extraordinary claim, is, according to the language of his Excellency, founded upon " the charter of Georgia, the treaty of peace of 1783, tlie confederation of 1778, the pre- sent constitution, the treaty with Spain of 1795, and the constitution of the State of Georgia." While the members of your committee would not allow themselves to treat with disrespect arguments emanating from so respectable a source, yet, so far as the authorities cited are intended to bear upon the question now under consideration, they must be permitted to express an opinion that a solitary glance at tliem will be suflicient to show that they afford not a shadow of evidence to sujjport the claim — a claim urged by Georgia, at this late period, to more than two thousand square miles of the lands sold as those of the United States. Though your committee cannot recognise, as authority, any instrument which was created specially for the benefit of one party, without the con- currence and sanction of others interested in the soil, and having rights equally to be regarded in the establishment of the true boundary line, still, in order to investigate the whole matter in dispute, they will pi-ocecd to notice the points presented by his Excellency the Governor of Georgia. The charter of Georgia, referred to by his Excellency, is of date 1732, and was [granted] by a proclamation from George 11 of England. By that instrument, the southern boundary of Georgia only extended so far as "the southein stream of a certain other great watei-, or liver, called the Altamaha." This authority, in itself, is tliereforc entirely irrelevant, and has no bearing upon the point. lint, by a proclamation of George III of England, of date 1762, there was annexed to Georgia "all the lands lying between the rivers Altamaha and St. Mary's." Accepting this last proclamation, or charter, as authoiity, your committee might in(|uire if, by it, Georgia can claim any line farther south than the St. Mary's river. If the proclamation had even stated tiie head of that river, it could not, for a moment, be contended that she could have extended her southern line from the head to one of its lateral branches, whicli might, in its devious course, and in conjunction with other streams, have gone much farther south than tliC actual head of the St. Mary's river, when, in truth, that river is made the most southern boundary of Georgia. The treaty of peace of 1783 is also considered by Governor Troup as 64 [ Doc. No. 77. ] giving to Georgia the right of her present claim. This definitive treaty between the United States and Great Britain, in describing the boundaries of the American territories, describes the most southern as a line from the juncUon of the Flint and Chattahoochie rivers, straight *' to the head of the St. Mary's river." The question here turns upon what is the head of St, Mary's river j and, in the solution, we can only be governed by com- mon usage. The St. Mary's river has heretofore been represented as be- ginning at or near a certain point designated by an artificial land mark, called EUicott's mound. Recently, however, another branch or stream has been found emptying into it from a much more southern direction, and the late Governor of Georgia now claims that branch as its head, having discovered that it enlarges the territory of that State beyond what has heretofore been considered as her actual limits. To sliow that this claim ought not to be regarded at tliis late day, notwithstanding the apparent plausibility with which it is urged, let us for a moment siij)pose a case, which, though not known to exist, yet may, and ])ossibly does exist. In low and flat lands, such as are known to surround the head of the St. Mary's river, ponds and lakes are frequently found coimected with each other by streams which are large or small, as the ponds which give rise to them are swollen or «!epressed by rains or droughts. Suppose this southern branch to be formed by a combination of these streams, as it most probably is, and to be extended by a chain of lakes and ponds across the peninsula to the Gulf of Mexico, would the State of Georgia contend that the line should be run from thence? and, if she did, would that claim be recognised ? Surely not : for the obvious reason, that a branch so formed could not be considered as the source of the St. Mary's river. Whetj we speak of the head of a river, wc technically mean its source, and not one of its branches, no mutter how long. I'he branch of a river is, properly speaking, a descendant of the main river, not the source : it is the offspring that inherits from the source. If the construction contended lor by Go- vernor Trouf) be correct, wc should no longer look uj)on the Missouri as a branch of tlje Mississippi, but should henceforth consider it as the Missis- sippi itself. "The confederation of 1778," cited in the message of the Governor of Georgia, makes not the slightest allusi«»n to the limits of that State, nop does •' (he present constitution," by which is meant the constitution of the United States, allude to it. The reasons whicli induced his Excellency to refer to these two instrinnents are not discoveirrl by youi- committee, un- less he intended to deduce theiefiom an argument tliat the rights of Geor- gia were secured to her at the time she became a member of tlie common family : if this be the argument, your committee are by no means disposed to deny its correctness ; but, wliile they readily concede that the rights of Georgia sliould be j/rotectfd, they must contend that the rights of others should be regarded as equally sacred. After an exaniination into all the authorities refei'red to by his Excellen- cy of Georgia, your* commitlet^ have been able to find notliing in any of them which conies directly to the j)()itit in (jucstion, except in the second and third articles of " tlic treaty with Spain of 1795." This was ''a treaty of friendship, limits, and liavigatltm," between the United States and the Spanish Government ; and liie bounchiry line between Florida, then a part of the teiritory of Sjiain, aJid the State of Geoi'gia, one of the United States, is therein described as a line «lrawn from the junction of [ Doc. No. 77. ] 65 the Flint and Cliattalioocliie *' straight to the head of the St. Mary's river," einido} ing the same language that was used in the treaty of peace of 1783. To prevent any future misunderstanding as to the true head of the St. Mary's, and to ascertain it, and definitively settle the line of demarcation, it is provided in tiie third article of that treaty that, '' in order to carry the j)iecc(ling ai'ticle into effect, (me commissioner and one surveyor shall he appointed hy each of the contracting parties, who shall meet at Natchez, on the left side of the river Mississijjpi, befoi-c the exjjii-ation of six months from the ratification of this convention ; and they shall pi'oceed to run and mark this boundary, according to the stiitulations of the said ar-ticle. They shall make j)lats and keep journals of their proceedings, whicli shall be considered as jjai'l of tliis convention, and shall have the same force as if they were inserted therein." The cominissionei-s were ap[)ointed, in pursuance of this treaty, to rim the line ; and the one on the part of the United States j)ublished his journal at large, in the year 1803. This journal, therefoi-e, has the same effect as if it were part of the conven- tion, and "inserted therein;" and. by it, the head or soui'ce of the St. Mary's river is ascertained to be near the j)oint called Ellicott's mound. Here, then, was a compact, solemnly made and entered into, and as solemnly ratified hy the Senate of the United States, in which body Geor- gia was represented and of which her Senators composed a part. Will it, then, be believed that Georgia can, in law, (viewing her as one of the parties to this compact.) successfully assert a claim to the lands further south than the j)oint agreed u|)on by the commissioners appointed under this treaty ? Sup[)0se that the Crown of Spain had continued in possession of Florida, would the Government of the United States have permitted that possession to be disturbed by such a claim as is here presented, in vio- lation of the faith she plighted in making this compact, and of the sacred obligaticnis which it imposes ? To this your committee believe that there can l»e but one answer ; and if the line between Florida and Georgia could not have been changed, had Florida continued a Spanish province, the same reason must ojjerate to prevent the change under her present circum- stances. Previous to the treaty of 1795, a question of houndai-y would have been a legitimate subject of investigation ; but, after a solemn deter- mination of it by treaty, it is, and must be, at rest. A treaty is the jtara- mount law, and can never be violated, without a departure from those principles which Go\'eniments should ever chcrisli and observe in their intercoui-se with each other. There is another ])oint of view in which this question may be presented, and wiiich, in the estimation of your committee, must put it at I'est. Thirty-three years ago the State of Georgia looked (juietly on, when, according to the estimation (tf Governor Troup, two thousand square miles of her territory, by a scdenin act, were given to a foirign Power, and she was silent; at the same time, her Senators in Congress, instead of inter- posing her claim, consented to the transfer, and ratified tlie act. Iler Re- presentatives, ever on the alert, and i-eady to sound tlie alarm at the slight- est a[)pi-(>ach towards an invasion of her soil and hei- limits, on this occa- sion not only neglected to assert her rights, but confirmed tlie contract, so far as Georgia could do it, by voting for the necessary appropriations to carry this treaty into effect. Upon a more recent occasion, under similar circtimstances, Georgia has pursued the same course : by the treaty of 9 «6 [ Doc. No. 77. ] 1819, the Government of Spain sold to the Government of the United States the Territory of Florida, emhracing the land now the subject of controversy, and Georgia still remained silent ; her Senators joined in the ratification of the treaty, and still interposed no claim ; her Represanta- tives voted away the money of the XJnited States to carry tliis treaty into effect, and still asserted none of the violated rights of Georgia ; and yet *ve aie told this claim has its foundation in her charter! The only remaining document referred to by his Excellency is '* the 'Constitution of Georgia." Could this instrument, in the estimation of your comnjittec, be regarded as evidence in the settlement of tliis conti'o- versy, it would pioduce no change in its character, because it eni|)loys the identical expressions used in the treaty of peace of 1783, and the treaty Avith Spain of 1795, to wit, " the head of the St. Mary's river." Youp -committee would however remark that his Excellency John Forsyth, the present Governor of Georgia, in a communication made by him to the Le- gislature of that State since the message of Governor I'roup, refers, as authority, to an act of the Provincial Assembly of Geoi'gia, of date 1765, to show that the lands embraced in the King's proclamation of 1763 were laid out into parishes, and that tlie most southern parish was declared to ■'be bounded on the Florida siircsentation, by the President of the United States, to botli Houses of Congress, accoin[)anied by the ex parte view taken of it by them. Being thus inesented. it becouies a controversy of some magnitude, both in reference to the amoiuit of pj'opei'ty. and tlie j)rinriples involved in its decision. 'I'he United States are nominally one l)arty, and the State of Georgia the otiier. It cannot escape observation, however, that the Ter- ritory of Floi'ida, the best interests and future hopes of which (le])end upon the issue, feels an immediate and vital concern in its decision. I contend that Gcoi'gia and the United States are not the only parties really and substantially interested in tlie (piestion of soveieignty. The treaty with Spain, of 22d February, 1819, contains a provision which was intended for the benelit of the ceded provinces ; it is titat which provides (or their incorporation into the Union, as soon as possible, con- sistent Vrith the principles of the federal constitution. I admit it is difli- [ Doc. No. 77. ] 69 cult to give a construction to this article, entirely satisfactory ; but I think the expression *• iiirorporation into the LJiiion" is evidently intended not to apply to the individual inhabitants, by giving thorn only the privileges of American citizens, hut to the territory tliey inhabit. Annexation to oiie of the States would be a transfer to a different sovereignty — an incorpora- tion into that State, and not into the Union : such a construction would be a forced one. 'J'he more natui-al idea is, that the sovereignty renounced by Sj)ain was ultimately to be placed in the hands of the peojile, in the same manner with tlie territoi-ies of the United States, but to remain under the guardianship of t!ie Gene-ral Government, uniW the princi|)les of the constitution would recognise their admission as a State, with all the rights of sovereignty now claimed by Geoi-gia. The admission of Louisi- ana and Missouri are pi-actical conjinentaries on this position. Florida is now a Teriitoi-y, possessing some of the attributes of sovereignty, and is ultimately, at no distant day. to take her place in the confederacy. If that j)eriod sliould arrive before the settlement of this question, she will then be tlie pai'ty dii-ectly interested in o])i)osition to the ])retensions of Georgia : she will stand in the place of Spain, and will have a right to call on the United States to guaranty her limits. When Louisiana Was divided into two territoi-ies, it formed the ground of sei-ious remon- strance, supported by strong reasons : it was said that Louisiana was one entit'e sovei-eignty, entitled to become a member of the Union, as Louisiana : and again, that if sul)division was allowable at the pleasure of Congi'css, their admission might be indefinitely postponed. This reasoning was disi-egarded, on the strong ground of necessity, and because the creation of two distinct sovereignties, instead of one, was an extension of the advantages stipulated by the treaty. But at this time no one entertained the absui-d idea of annexing j)arts of Louisiana to the ad- joining States, although it might have been very convenient to have done so. Tlie ])i'eservation of their municipal laws was a most important con- sideration with the peoj)le of that province, and this would not have been accomplished if they had been annexed to one of the adjoining States. I consider the stij)ulation of the treaty a most important one, as intended to place the acquired j)rovinces on a footing with the States which declared their indej)endence, and possessing as much right to contend for their boundaries, by reference to ti-eaties, proclaujations, and laws, emanating from parties competent to negotiate or legislate, as Geiu'gia, oi* any other State in tiie Union. These provinces were not acquired with a view of obtaining subjects for any oT the States ; and as to the United States, the genius of our Government forbids it, imless the Ten Miles S<|uare be an exception. If I am mistaken in this view of the subject, I shall at least be excused referring to the position 1 occupy in relation to the pooj)le of Flo- rida, and as a citizen of the United States, for exposing what I consider the groundless pretensions of Georgia to the land in (piestion. This conti-oversy involves two questions : the one of national law, the other of fact. It is assumed by tlie Executive of Georgia, that the line agreed upon and fixed by the commissioners of the United States and Spain, in pursuance of the treaty of limits entered into at San Lorenzo el Real on the 27th October, 1795. is not the true boundary intended by the charter of Georgia and the tieaty of 1783 ; but that the head and source of the St. Mary's river, stijjulated in these docunumts, is fui'ther south ; which will give to Georgia fifteen hundi-ed thousand acres of land claimed by the United States as a portion of the Spanish territory acquired by the 70 [ Doc. No. 77. ] treaty of £2(1 February, 1819 ; about eight liundred square miles of wbicri liavebeeti sold and patented by tlie United States, and the money paid into the public treasury, with the unsuspecting confidence of the right of soil at the time it was surveyed and sold. Whether this be ti'ue or not, which it cannot be expected will be conceded without further investigation^ since not only the commission appointed in pursuance of the treaty before mentioned, but a commission constituted by the State of Georgia herself, have pro- nounced that, in their ojjinion, it is not so, tiiere is a previous question to be determined, to wit : 13oes not the treaty of 1795, the ])r()ceediiigs under it, the consent of Georgia, as a compone?it ])art of the Union, exei-cising an unquestionable constitutional power in the negotiation and ratification of a treaty of limits, the acquiescence of tiie State for twenty-seven years, by their delegation here, and their Executive there, exclude them from setting up this claim at this time ? Or, does the charter of the colony, tlie constitution of the State, so far exempt them from the operation of this treaty, and their assent to it so formally giveti, and publicly expressed, as to authorize them to set aside the treaty, and proceedings under it, and now institute an inquiry as to what is the true source of St. Mary's river ? I think Georgia cannot constitutionally or justly assert such a claim, and 1 trust it will be resisted with a becoming regard for the interests of the United States and the Territory I have the honor to represent. The first charter granted to Georgia was in the fifth year of George IF, Anno Domini 1732, which embraced all that part of Carolina lying be- tween the Savannah river on the north, and the Altamaha on the south. In the yeai' 1763, the King, l)y his royal proclamation, made four new provinces in th.e country acquired in America by the definitive treaty of j)eacc concluded at Paris on the 10th February of that year. These pro- vinces were Quebec, Gienada, East and West Florida. In designating the boundaries of East Florida, in that proclamation the following expres- sion is used : " From that part of the Jippiilnchicola where the Chattahoochie and Flint rivers meet, to the source of the St. JIarifs river, and by the course of the said river, to the JJtlavtic Ocean,'' In this proclamation, there is also a gi-ant in these words : '< Jf'e have, also, with the advice of our Privy Council aforesaid, annexed to our pioviuce of Georgia all the lands lying between the rivers Aitamahn and St. JIary's.'' It will be perceived, from an examination of the foregoing ai-ticle in the King's proclamation, that the land annexed by it to the jjrovince of Georgia, soutl) of the river Altamaha, did not extend beyond tlie source of that liver, and that of the St. Mary's. I have not been able t(» discover any grant, proclamation, or public act by which the State of Georgia could set up any thing like a legitimate claim west and soutii of a line drawn from the head of the river Altamaha to that of the St. Mary's. It appears to me that the Government of the United States can, with much more projjriety, annex all the land not included within such a line, and conse(juentIy not within the chartered limits of that State, to Florida, than to institute an investigation, at this time, to find a southern cieek i-utniing into St. Mary's, for the boiindai-y of that State. The commission given to Sir James Wi-ight, on the 20tli Januaiy, 17G4, if it confeiied a jui isdictiofi beyond the j)! oclamation, couhl not be considered a grant of soil : the one is a law fixing upon cer- tain geographical limits as the boinidaries of i)rovinces ; the other, an au- thority to exeicise Jurisdiction si)ccified in the grant of jiower. The commission of Sir James Wright calls for the southei-n stream of St. [ Doc. No. 77. ] 71 Mary's ; as this is repugnant to the grant of soil of botli tlic j)ro\ inccs of Georgia and East Florida, it must be holden, like all commissions con;- taiuing authority more extensive than the law on wliich they are founded, void pro tanto. This variance can reasonably be accounted for by a reference to the fact that, in the first charter to Geoi'gia, tiic most southern, stream of the Altaniaha was fixed upon as tlic soutiiern limit of the colony, and the commission to the Governor and Cajjtain General pursued the char- ter. The second commission, after tlie annexation by the proclamation before (quoted, appears to be a coj)y of tlie first, and in like manner calls for the most soutiiern branch of tlie St. Mary's, which does not accord with tlie proclamation. The Governor of Georgia, in a communication to the Legislature of that State, of 28th November last, s|>eaks of the land annexed to Georgia by the King's proclamation and the commission of Sir James Wright. It will be jjerceived that the latter includes more than the former, and that they cannot be connected togethei* as embracing the same tei-ritoi-ial extent ; and if it be correct that a commission con- ferring powers more extensive than the law on which it is founded be void, the argument of course cannot be maintained, and the conclusion to which the Governor conducts us, ''that a portion of the land within tlie limits of Georgia on tiie Florida frontier has been surveyed and sold by the United States," is fallacious. A very obvious distinction might iiere be taken be- tween a proclamation, which is notice to all the world, and has the force of law, and a commission, which gives jurisdiction, and is of a naturft to be regulated by convenience, and may be limited to one, or extended to half a dozen provinces. If, however, any doubt should remain, from this discrepancy, it is put to rest by the treaty between Great Britain and the United States, of yd Sejitember, 1783; this treaty, which fixes the limits of the United States, at the conclusion of the revolutionary war,, dii-ects that our southern boundary shall pursue a line in latitude 31* norti* of the equator, "to the middle of the river Appalachicola or Chattahoo- chie ; thence, along the middle thereof,, to its Junclion with the Flint river, and thence straight to the head of St. Mary's river." So far, there- fore, as any argument has been urged, founded on the charter of Geoi'gia, I feel persuaded that it will be considered as having no force in opposition to the treaty ; it was certainly conijietent for the confederacy, in concluding a peace at the termination of the war of independence, to regulate the boun- daries of any of the former colonies. Contemporaneously with the defini- tive treaty of peace between the United States and Great Britain, was the cession of East and West Florida by Great Britain to Spain ; and the ques- tion arose between his Catholic Majesty and our Government, wliat was the head and source of the St. Mary's river, as defined in the charter of Georgia and East B'lorida, and tiie treaty of 1783 ? The binding force of the treaty of 1783 is admitted by Governors Troup and Forsyth, and it is referred to by them ; and the treaty of 1795, between Spain and the United States, follows it almost literally in the description of the boun- daries between the two countries ; but these boundaries, excepting where determined by natural objects, required ascertainment by actual survey and demarcation ; it was necessary to ascertain the thirty-first degree of latitude by astronomical observation, and afterwards to trace 's has a region of many hundred square miles, from Satilla to Suwanee, tributary to its head only : and its inun- dations are great, as Ellicolt testifies, although by no means in pi-oj)orti(m to such a sjjace. A botanical fact explains that anomaly. All the n^ai-shes which sujiply the true St. Mary's, produce, in great quantity, those << her- bal ramoscc [lalustes" of tlie sphiigiuim genus, whicli form peat bogs in Scotland and Ireland. The growth is sixfold more luxuriant Inue than there in height ; yet they do not show any thing like the same accumula- 78 [ Doc. No. 77. ] tion of debris as in the case of the peat moss. Those plants furnish a sub- stance insohible in water, as is well known. The plain of the St. Mary's has been gradually elevated by that vegetable production ; its swamps are now more extensive than they once were ; and the loss of water it sus- tains by evaporation is manifold greater than formerly, in consequence of the manifest encroachment of the sphagnose marshes upon the dry pal- metto flats. Whoevei'reconiioities on horseback, diligently, will acknow- ledge this to be the fact, not theory. But it is entirely different in the lakes of that country. The " hcrbse submersaj vado affixse," and the ♦• herhse arjuatiles liberse" aquis innatantes, are readily soluble in water : for they are little more than a watery, parerchymatous substance, notwith- standing all the wonders of vegetation offered to the view by valemenia and stratiotes, rising to the surface, as in Lake Jackson, in jdaces where a ship of the line could float. It is quite jjrobablc that the head of St. Mary's is furthei" south, from that cause, now, than it was in 1765, when the Provincial Assembly thought a dtie west line from it would strike the mouth of Flint. It seems almost certain tiiat the river receives less wa- ter in its channel near the beacoti mound, than it once did. The question, where is the eastern extremity of the line, was pi'obably much easier to settle then, than it is likely to be now. But the provision made in the treaty between Spain and the United States, of October, 1795, was known to Georgia. Ellicott was appointed before that year expired, and his re- port was not made until May, or .Tune, 1800. The General Government liaving exclusively the foreign relations, of course made the arrangement with Spain, and Gccn-gia was satisfied with the arbiter during four years* continuance of his functions, and with the awai-d lor twenty-seven years ; nineteen yeais without any investigation on their part, and nine years af- ter one made tliinnigh the agency of three of their first citizens, to whose minds the idea of shifting the name of St. Mary's, from a stream that had always borne it, to another, did not occur. "The autliorities of Georgia, so far, and so long too, had ratified the conclusion made with Spain, and Florida, being completely the successor of Spain, it seems to me that the surveying the lanart which our Chief Magistrate took, in a war waged against us by the nation among whom he resi(h'd, obliged ns to discoPitinue him, andt(> name one w ithin evei-y State. In tlie course oftliis war, we were joined by France as an ally, and by S\);\\\\ and Holland as associates, having a commoji enemy : each sought that commoji enemy wherever they could find him. France, on our invitation. landed a large army within our teriitories, continued it with us two years, and aided us in recovering sundry ])laces from the jiossession of the enemy : hut she did not pretend to keep possessit)!! of the places rescued. Spain enteied into the i-emotc wcstei'ii part of our territory, dislodged the comnioii enemy from sevci-al posts they held therein, to the annoyance of Spain, and perhaps thought it necessary to remain in some of them, as the only meatis of j)i'evcnting their return. We, in like mainiei*. dislodged them from several posts in the same western territory, to wit: Yinceimes, Cahokia, Caskaskia &c., [ Doc. No. 77. ] 81 rescued the inhabitants, and retained constantly afterwards botli them and the territory under our possession and government. At the cunchision of the war, Great Britain, on the 30th of November, 1782, by treaty, ac- knowledged our indei)endence and our l)oundary, to wit, the Mississippi to tlie west, and the completion of the 3 1st degree, &c. to the south. In her treaty with Spain, concluded seven weeks afterwards, to wit, January 20th, 1783, she ceded to her the two Floridas (which had been defined in the proclamation of 1763) and Minorca ; and, by the 8th article of the treaty, Spain agreed to restore, without comyensation, all the territories conquered by her, and not included in the treaty, eitlier under the head of cessions or restitutions, that is to say, all except Minorca and the Floridas. Accord- ing to this stipulation, Spain was expressly bound to have delivered up the possessions she had taken within the limits of Georgia to Great Britain, if they were conquests on Great Britain, who was to deliver them over to the United States ; or rather she should have delivered them to the United States tliemselves, as standing, quoad hoCf in the place of Great Britain ; and she was bound, by natural right, to (leliver them^to the same United States, on a much stronger ground, as the real and only proprietors of those places which she had taken possession of, in a moment of danger, without having had any cause of war with the United States, to whom they belonged, and without having declared any ; but, on the contrary, conducting herself, in other respects, as a friend and associate. Vattel, 1, 3, 122. It is an established principle that conquest gives only an inchoate right which does not become pei-fect till confirmed by the treaty of peace, and by a renunciation or abandonment by the former proprietor. Had Great Britain been that former proprietor, she was so far from confirming to Spain the right to the territory of Georgia invaded by Spain, that she ex- pressly relinquished to the United States any right that might remain in her, and afterwards completed that relinquishment, by procuring and con- solidating witli it the agreement of Spain herself to restore such territory, without compensation. It is still more palpable that a war existing be- tween two nations, as Spain and Great Britain, could give to neither the right to seize and appropriate the territory of a third, which is even neu- tral, much less which is an associate in the war, as the United States were with Spain. See, on this subject, Grotius, 1, 3, c. 6, § 26 ; Puffend., 1, 8, c. 6, § 17, 23 ; Vattel, 1, 3, § 197, 198. On the conclusion of the general peace, the United States lost no time in requiring from Spain an evacuation of their territory : that it has been hitlierto delayed, by means which we need not explain to that court, but which have been equally contrary to our right and to our consent. Should Spain pretend, as has been intimated, that there was a secret ar- ticle of treaty between the United States and Great Britain, agreeing, if, at theclose of the war, the latter should retain the Floridas, that then the south- ern boundary of Georgia should be the completion of the 52(1 degree of north latitude, the commissioners may safely deny all knowledge of the fact, and refuse conference on any such postulatum ; or should ihey find it necessary to enter into argimicnt on the subject, they will, of course, do it hypothctically, and, in that way, may Justly say, on the part of the United States, "Suppose tliat tlie UnitedkStates, exhausted by a bloody and expensive ^^ar witli Great Bi'ilain, might have been willing to have purchased peace by relinquishing, under a particular contingency, a small 11 82 [ Doc. No. 77. ] part of tlieii* territory, it does not follow that the same United States, re- cruited and better oi'ganized, must relinquish the same territory to Spain, without striking a blow. The United States, too, iiavc irrevocably put itout of their j)ower to do it by a new constitution, which guaranties every State against the invasion of its tcrritoi-y. A disastrous war, indeed, might, by necessity, supersede this stipulation, (as necessity is above all law,) and oblige them to abandon a pait of a State ; but nothing short of this can justify or obtain such an abandonment." The southern limits of Georgia depend chiefly on — 1st. The charter of Carolina to the lords proprietors, in 1663, extend- ing southwardly to the river Matheo, now called St. John's, supposed in the charter to be in latitude 31°, and so west, in a direct line, as far as the South Sea. 2d. On the proclamation of the British King, in 1765, establishing the boundary between Georgia and the two Floi-idas, to begin on the Missis- sippi, in 31' of latitude north of the equator, and rumiing eastwardly to the Ajjpalachicola ; thence, along the said river, to the mouth of tlie B'lint; thence, in a direct line, to the source of the St. Malay's river, and down the same, to the ocean. This proclamation will be found in Postlethwayte voce. '* British America.'* 3d. On the treaties between the United States and Great Britain, of November 30, 1782, and September 3, 1783, repeating and confirming these ancient boundaries. There was an intei-mediate transaction, to wit, a convention concluded at the Pardo in 1739, whereby it was agreed that ministers i)lenipoten- tiary should be immediately appointed by Spain and Great Britain for set- tling the limits of Florida and Carolina. The convention is to he found in the collections of treaties ; but tiie jiroccediiigs of the plenipotentiaries are unknown here. ^n. If it was on that occasion tiiat the southern boun- dary of Carolina wastiansfcrred from the latitude of Matheo, or St. Joim's river, further north to the St. Mary's ? or was it the proclamation of 1763 which first removed this boundaiy? [If the commissioners can procure, in Spain, a copy of whatever was agreed on in consecpicnce of the convention of the Pardo, it is a desirable State j)apei- here.] To this demonstration of our i-ights, may be added the explicit declara- tion of the Court of Spain that she would accetlc to them. This took place in conversations and correspondence tliei-eon between Mr. Jay, niinister plenipotetitiary for the United States at the Court of Madrid, the Marquis de Lafayette, and the Count de Floi'ida Blanca. Moiisiein* de Lafayette, in his letter of February 19, 1783, to the Count de Florida Blanca, states the result of their conversations on limits, in tlicse woi'ds : " Witli respect to limits, his Catholic Majesty has adopted those that are detei-miiied by the preliminaries of tiie 30th of November between the United States and the Court of London." The Count de Florida Blanca, in his answer of February 22d, to M. de Lafayette, says, «» Although it is his Majesty's intention to abide, for tlie present, by the limifs establisiied l)y tlie ti-eaty of the 30t!i of November, 1782, between the English and the Americans, the King intends to inform hiinself particularly whetlier it can I)i', in any way, inconvenient oi- prejudicial to settle that alVair amicably with the United States." And M. de Lafayette, in his letter of the same day to Mr. Jay, wlierein he had inserted the preceding, says, "On re- ceiving the answer of the Count Florida Blanca, (to wit, his answer be- [ Doc. No. 77. J 83 fore mentioned, to M. dc Lafayette.) I desired an explanation respecting the addition that relates to the limits. I was answered that it was a fixed principle to abide by tlie limits establislied by the treaty between the Eng- lish and the Americans ; tliat liis remark related only to mere iinimi)ortant details which he wished to receive from the Spanish commandants, which would be amicably regulated, and would by no mcuns oppose the general principle. I asked him, before the ambassador of France, (M. de Mont- morin,) whether he would give mc his xvovd of honor for it. He assured me he would, asul that I might engage it to the United States.'* Report of the Committee on the Judiciary of the House of Representatives, to which was referred the message of the President of the 22d January^ 18£8, transmitting copies of communications from the Governor of Georgia^ re- lating to the line dividing that State from the Territory of Florida — March 21, 1828. The correspondence between the President and the Governor of Georgia^ thus refei-red to the committee, presents the question. What is the correct boundary between that State and the Territory of Florida ? To enable the House to decide this (juestion. the committee lieg leave to present to tiieir consideration a condensed view of the evidence in relation to it. The charter of Carolina to the lords pro[)rietors, in 1663, extended south- wardly to the river Matheo, now called St. John's, supposed in the char- ter to be in latitude 31*, and so west, in a direct line, as far as the South Sea. It appears by an extract from the charter of Georgia, in 1732, that the boundaries were "all those lands, countries and territoi-ics, situate, lying,and being in that part of South Carolina, in Amei-ica, which lies from the north- ern stream of a river connnonly called the Savannah, all along the seacoast to the southward, unto tlic most southern stream of a certain other great water or river called the Altamaha, and westward from the heads of the said rivers respectively, in a direct line, to the South Seas." Befoi-c the date of this charter to Georgia, by a second charter to Carolina, in 1667, its limits had been extended south and westward as far as the degree of twenty nine, inclusive, of noi-thern latitude. The Government of Carolina having been, in its origin, a proj)rietary one, was, in 1729, surrendered by seven out of eight of the ])roprietors, and afterwards by the eighth, and then became a regal one ; and tlie province was divided into the two Go- vernments of North and South Carolina. The order of Council making this division, and fixing the boundaries, is not accessible to the committee, nor is it deemed material. The trustees of Georgia, in 1752, surrendered the whole territory to the King, and the Government was afterwards entirely regal. The King, by a proclamation of the 7th October, 1763, annexed to the province of Georgia all the lands lying between the rivers Altamaha and St. Mary's, ami by his commission to Governor Wright, of the 20th Jan- uary, 1764, declaims the boundaries to be on the north by the most north- ern stream of a river there commonly called Savannali, as far as the head of said river, and fi'om thence westward as far as our territories extend ; on the east by the seacoast, from said river Savannah to the most south- ern stream of a certain other river called St. Mary, including all islands «4 [ Doc. No. 77. J within twenty leagues of the coast lying between the rivers Savannah and St. Mary, as far as the head thereof; and from thence westward as far as our territories extend, by the north boundary line of our provinces of East and West Florida. By the treaty of peace, in 1783, between the United States and Great Britain, tlie southern boundary of the United States is thus described : " South by a line to be drawn due east from the determination of the line last mentioned, in the latitude of thirty-one degrees north of the equator, to the middle of the river Appalachicola or Chattaiioochie; thence, along the middle thereof, to its junction with the Flint river; thence, straight to the 'head of St. Mary's river; and thence, down along the middle of St. Ma- ry's river, to the Atlantic Ocean." By the proclamation of 1763, before referred to, the King had declared that part of the northern boundary of East Florida which is now the sub- ject of inquiry, to be as follows, viz. To the northward by a line drawn from that part of said river (Appalachicola) where the Chattahoochie and Flint livers meet, to the source of St. Mary's, and by the course of the said river to the Atlantic Ocean. Spain haviiig obtained from Great Bri- tain a cession of the Floridas. without, as is believed, any description of limits, but with a knowledge of the provisional treaty of November, 1782, ■and under what were the boundaries of those provinces in the hands of Great Britain, some difficulty arose between the United States and Spain in relation to this boundary, which led to the treaty of 27th of October, 1795, commonly called the treaty of San Lorenzo el Real ; by the second -article in which it was agreed that the boundary line between the United States and the Floridas shall be designated by a line beginning on the river Mississippi at the northernmost part of the thirty-first degree of lati- tude north of the equator, which from thence shall be drawn due east to the middle of the river Appalachicola or Chattahoochie ; thence, along the middle thereof, to its junction with the Flint; thence straight to the head of St. Mary's river; and thence, down the middle thereof, to the Atlantic Ocean. It was provided by the third article of that treaty that a commissioner and surveyor, to be appointed by each of the contracting parties, should run and mark the boundary according to the stipulations of the second ar- ticle above recited. It was further stipulated that they should make plats, and keep journals of their proceedings, which should be considered as part of the convention, and have the same force as if they were inserterl therein. In conformity with this stipulation, Andrew Ellicott was appointed com- missioner, and Thomas Freeman surveyor, on the part of the United States, for the purpose of running the line mentioned in the second article. This appointment was made in May, 1796. It appears, from a letter of the commissioner, dated 22d March, ISOO. to the then Secretary of State, that a report of what had been done would soon be comj)lcted ; but that report, if made, is not now, as far as the committee arc informed, to be found. It appears, from the same letter, that our commissioner experienced great dif- ficulty and embarrassment, in the execution of the duty assigned to him, from the Indians; and, he intimates, at tlic instigation of others. The journal of Ellicott was published in 1803. It appears tliat the commis- sioners did not run and mark the line from tlic junction of Chattahoochie and Flint rivers to the head of St. Mary's ; but tlioy designated a point which should be taken as the one to or near which a iinc should be drawn [ Doc. No. 77. ] 85 from Flint river, which, when drawn, was to be final, provided it passed not less than one mile north of a certain mound erected by tlicm : but if, on experiment, it should be found to pass within less tlian a mile north of said mound, it should be corrected to carry it to that distance. This mound is near the Okefetiokee swamp. It appears from a report of John McBride, a surveyor appointed by Georgia in the year 1827, that tlicre is a stream called by him the south branch of the St. Mary's, much furtlier south than the one considered the head branch of that river by the American and Spa- nish commissioners ; and he says that both its length, its volume of water, and general direction, coincide in favor of the south branch. It appears, by a document referred to as part of this report, marked A, that, under a resolution of the Senate of Georgia, in 1818, the Governor of that State appointed commissioners to examine and report whether EHicott's mound was the ti-ue head of the St. Mary's ; and from tlie letter of the Governor, in 1819, to the Secretary of War, it appears that the commissioners had reported that, after a careful examination, they found the head of St. Ma- ry's to agree with the report made by Mr. Ellicott. Two of ti»c commis- sioners, in a pjiper referred to as part of this report, marked B, think it probable that they may have been misled by their guide — assigning as the reasons of that impression, 1st, that they recollect to have seen what ap- peared to tliem, through thick brusliwood, to be a lively little stream, emptying in through the opposite or right bank of the southern or middle fork of the St. Mary's ; which, being j)ointed out to the pilot, he replied that the branch they were pursuing was the right one; and, 2d, by the representation given by the survey of McBride. After this review of the evidence, it will be seen by the House that the question is. What is the head or source of the St. Mary's ? For the other end of the line, to wit, the junction of the Chattalioochie and Flint rivers, being uncontested, so soon as the head of the St. Mary's is ascertained, all difficulty ceases as to the boundary. The committee are of opinion, upon tlie whole view of the case, that the point designated by the American and Spanish commissioners ought to be considered as the head of St. Mary's. They consider the solu- tion of the question to depend on this : which stream is to be considered the true St. Mary's river, according to reputation, and the understanding and acquiescence of the parties concerned. As far back as 1800, the commis- sioners of the two Governments considered, upon examination, what is now called the north branch as the St. Mary's ; and the Georgia commission- ers, in 1819, concur with Mr. Ellicott as to the head of that river : although another river unites with this, which vents more water, and is longer, yet, if it were not called or known by the name of St. Mary's, these circum- stances would not alter the case. The committee infer that it was not so called or knowij, from these circumstances : 1st, that the commissioners of two Governments were appointed to settle and decide a contested question of boundary: to do this, the head of the St. Mary's being one of the ter- mini, it became their duty to seek for information from every source acces- sible to them, as to which stream was the St, Mary's, and what was its head. Having fixed upon a particular stream as being the true river, and designated a point as its source, and this being matter of notoriety, Geor- gia acquiesced without objection, as far as the committee are informed, till 1818 ; and then the report of their own commissioners coincided with El- licott's designation, and that, too, though they had as their pilot, as the committee believe, the very person on whose suggestion they had been ap- 86 [ Doc. No. 77. J pointed. In this report Georgia acqiiiesccd, as far as the committee is informed, until recently. As far as the nature of this unsettled country will admit of reputation as to the names of its streams, these facts may be considered as probably the best evidence which was the St. Mary's river, and tlie head of that river, as intended in the several State papers above recited. There is an example mentioned in one of the printed documents which will illustrate the idea of the committee. It is now believed to be a geograj)hical fact that the Missouri is a longer stream than the Missis- si])pi, an(i, wc believe, vents more water; and yet, as it never has been called by the name of Mississippi, if we were now called upon to decide what was the head of the Mississippi, we should take, not the source of the Missouri, though it unites with the «)ther stream, but the source of what is and has been called the Mississippi. It is not intended to say that the case in question is as palpable, but, after settling the principle that, in ascer- taining the head of a stream of a given name, we must inquire where two streams unite — not which is the longest, or vents the most water, but which has been called and known by the given name — we are then to decide, upon the best evidence in our power, as to that fact : and we think the evidence is in favor of the stream designated by Ellicott. liesolred, therefore, as the opinion of the committee, that, in running the boundary line between Georgia and Florida, the point designated by the commissioners under the third article of the treaty of 1795 between the United States and Spain, ought to be the termination of the line from the junction of the Chattahoochic and Flint rivers. (A.) In Senate, \9.th Decemlery 1818. Resolved, That his Excellency the Governor be requested to appoint two fit and proper persons to proceed, without delay, to ascertain the true head of the St. Mary's river ; and, if it shall appear that the mound thrown up by Mr. Ellicott and the Spanish deputation is not at the place set forth in the treaty with Spain, that they make a special report of the facts to the Governor, who shall thereui)on communicate the same to the President of the United States, accompanied with a request that the lines may be run agreeably to the true intent and meaning of the aforesaid treaty. .ind it is further resolved, That the Govei-nor order out a suitable de- tacliment of militia to protect the said commissioners in the performance of their duty. Approved: 1 9th December, 1819. Executive Department, Georgia, Mltedgevillc, ITth February, 1819. Sir : I take the liberty to call your attention to the subject of the con- templated line between this State and the province of East Florida, which you no doubt recollect is expected to be jun tliis Sjiring by the General Government. Preparations are making to commence surveying that section of country in a short time ; it is, therefore, very desirable that the line should be de- fined as early as possible. [ Doc. No. 77. ] 87 The Legislature of this State, at their late session, having received satisfactory information that the mound tlwown up hy Mr. Ellicott and the Spanish deputation, on the Okcfenokec swamp, is not the true head of St. Mary's river, as contemplated in the treaty with Spain, directed me to ap- point commissioners to ascertain the fact, and to communicate the result to tlie President of t!ie United States, with a i-equest that the line might he laid out agreeably to their report. Majors General Floyd and Thompson, and Brigadier General Blackshear, have been appointed to, and are now engaged in, the pcrfoi*mance of that duty. Their report shall be transmit- ted to you as soon as I receive it. I have every reason to believe that the head of that river will be found at least twenty miles south of the point agreed on by Mr. Ellicott and the Spanish commissioner. Should this conjectui-e prove to be a fact, the State of Georgia will be entitled to the land witiiin that boundary, ac- cording to the treaty with Spain. In any event, it is of great importance that one of those lines should be completed us soon as circumstances will justify the measure. Enclosed, I hand you a resolution of the Legislature on the subject. With high respect, I am, sir. Your obedient servant, WM. RABUN. The Hon. John C. Calhoun, Secretary of War, Washington City. Executive Department, Georgia, Milledgeville, M March, 1819. Sir : On the 17th ultimo, I had the honor to address you on the subject of the contemplated line between this State and the province of East Florida. I stated that t!ie Legislature of this State had directed me to appoint commissioners to ascertain the true head or source of the St. Mary's river, and I promised to forward their report to you as soon as the same was received. Tiie commissioners have returned, and reported that, after a careful examination, they found the head of that river to agree with the report made by Mr. Ellicott, and prove, beyond the possibility of doubt, that the infornmtion leceived by the Legislature of this State rela- tive to that subject was incorrect. I flatter myself that directions will be forwarded to Mr. Lumpkin inimediately to close that line, according to the treaty witli Spain. And, if the General Government can afford us as- sistance in guarding the surveyors who will be engaged in laying out the country, it will be acknowledged as a gieat accommodation. 1 am, with high respect. Your obedient servant, WM. RABUN. Hon. J. C. Calhoun, Secretary of War. (B.) In the year 1817, Captain William Cone, then a member of the Legis- lature of Georgia, represented, on his own knowledge of the St. Mary's 88 [ Doc. No. 77. J river, tliat Mr. Ellicott liad mistaken its true head or source ; and that an accurate survey would establish the fact that the head or source of the middle fork or branch, (perhaps then called the South Branch,) which was twenty miles south of Mr. Ellicott's mound, would be found to be the true source of the St. Mary's river, and therefore the true point of demarcation between the State of Georgia and the then Spanish province of East Flo- rida. The Governor of Georgia was authorized by the Legislature to appoint commissioners to ascertain the truth of the facts alleged by Cap- tain Cone. The undersigned, with Brigadier General David Blackshear, were appointed, and specially instructed, by the Governor of Georgia. They employed Captain Cone as a pilot, and, with a competent surveyor, caused to be measured (beginning at or near the point designated by Elli- cott as the head of the St. Mary's river) the distance from that point, by the meanders of the northwest branch, to its junction with the stream or branch represented by Cone to be the true source of the St. Mary's, and lip the left bank of the latter branch, until the commissioners reached an extensive swamp, into which the pilot, with two of the commissioners, (the undersigned,) penetrated about half a mile, and saw no water or water channel. Captain Cone was then directed by the commissioners to pass entirely across the swamp, (to the pine barren beyond the swamp,) who, on his return, reported that there was no stream of water or water channel in the swamp j and that we had reached the head of the branch to which he had referred in the information given by him to the Legislature. On a comparison of the length of the two streams, it was found that the latter, from its junction with the other to the swamp above referred to, was much the shortest ; and the commissioners consequently reported in favor of the former as the head or source of the St. Mary's river. It is, however, more than probable, that the commissioners may have been misled by the inadvertency of Captain Cone, who professed to be in- timately acquainted with the geography of that part of the country, and on Mhom they were instructed to rely, who may have been diverted from the principal stream by mistaking a branch of it. And we, the undersigned, are inclined to this belief, first, because we recollect to have seen, a short distance below the swamp to which we have referred, v;hat appeared to US, througli thick brushwood, to be a lively little stream, emptying in through the opposite or right bank of the soutliern or middle fork of the St. Mary's, which was pointed out to the pilot ; who replied, that the branch we were then pursuing was the right one ; and because of the representa- tion given by the survey of McBride. JOHN FLOYD. February 29, 18£8. WILEY THOMPSON. Resolutions of the Legislature of Florida in relation to the Georgia boundary. Resolved, That it is the opinion of the j)resent Legislative Council of Florida, that the sixth article of the treaty between Spain and the United States, of the 22d of February, 1819, secures to the inhabitants then occu- j»ying, and those wlio may occupy, the ceded territory, as Sj)ainheld them under the treaty of 1795, an admission into the Union, as soon as it may be consistent with the principles of the federal constitution : and that any [ Doc. No. 77. ] 8»» diminution of its limits, or alteration of its lines, will be a manifest viola- tion of the supreme law, an act of oppression to the inhabitants of the ceded territory, and of injustice to the United States. Resolved, further, That the Legislative Council, representing the peo- ple of tiie ceded territory, respectfully, in the name of the said people, protest against the passage of any law that will change tlie boundary be- tween tliis Territoi-y and Qeorgia ; and that our Delegate in Congress be requested to continue his exertions in resisting tlie pretensions t«ow set up by Georgia to fifteen hundred thousand acres of the land ceded by Spain to the United States. Resolved, further. That commissioners ought to be appointed, in behalf of the Teri'itoiy, to ascertain the true sources of the St. Mary's, so that our riglits may be defended on facts, as well as the treaty; and to make a report at an early period of tlie approaching session of Congress. Be it therefore resolved, That the Governor appoint thi-ee fit ajid discreet persons as commissioners, to carry the foregoing resolutions into effect ; and that any two of them, provided the other cannot attend, arc hereby empowered to act. Resolved, further, That our Delegate be requested to obtain an order for ascertaining the true boundary between Florida and Alabama, or the pas- sage of a law for that object. ** Resolved, further. That the said Delegate be requested to use his exer- tions to remove the Florida Indians from this Territory." Adopted this 23d November, 1S28. THUS. MONROE, Clerk Legislative Council, Florida. Report to, and resolution of, the Legislature of the State of Georgia, in relation to running and fixing the boundary line between the said State and the Territory of Florida. Executive Department, Georgia, December 26, 1828. Gentlemen : I transmit the enclosed report and resolutions, agreeably to the wisiies of the General Assembly. I am, gentlemen, your obedient servant, JOHN FORSYTH. The Hon. the Representatives from Georgia, in the Congress of the United States, Washington City. Tlie Joint Committee on the state of the Republic, to which was referred that part of the Governor's communication which relates to the divid- ing line between Georgia and the Ten'itory of Florida, have had the same under consideration, together with the accompanying documents^ and, (tfter an attentive examination of the subject, report : That the Executive, conformably to the resolution of the last session, caused the report then made to be laid before Congress, and, in furtlier compliance with the request of the Legislature, opened a correspondence 12 90 [ Doc. No. 77. ] with the Presideiit of the United States, in which the claims of Georgia to her legitimate and constitutional boundary were zealously and aljly assert- ed. The report made to the Senate of the United States, by the judicial committee, recommended the postponement of the subject until the ensuing session. That to the House of Representatives was drawn to a more de- finite conclusion, by resolving, " as the opinion of the committee, that, in running the boundary line between Georgia and Florida, the point desig- nated by tiie commissioners under the third article of the treaty of 1795, between the United States and Spain, ouglit to be the termination of the line from the junction of tiie Chattahoochie and Flint rivers." Tiiis re- port was not acted upon ; the subject, consequently, is yet to be discussed and decided. Your committee, reposing full confidence in the General Government, and deej)ly sensible of the inviolability of Georgia's claim, cannot but express their disappointment tliat the committee should, upon the evidence before it, have hesitated to recommend the repeal of the act of Congress of 1826, or such a modification of it as would have enabled the President to empower commissioners, in conjunction with this Govern- ment, to run and mark the line agreeably to the rights of the parties : and still more are they surprised that reasons should have been sought after, and arguments employed, on which no just inference against our claim can be sustained. The whole argument used by the committee cliarged with this matter has for its foundation, and arises out of, the mistake of Mr. Ellicott and the Spanisli commissioner, in designating the north branch as the true source of the St. Mary's. This mistake is the keystone of th» whole arch : it is from this that they say the north prong was called St. Mary's, and ought to be so considered : it is this that led them into the error of declaring that tlie commissioners of the two Governments were ap- pointed to settle and decide a contested question of boundai-y ; and because this mistake was not detected before the line was about to be run, the ac- quiescence of Georgia is presumed, and ui-ged as an argument against h€r claim. It is a lact admitted by all parties, and which forms the very essence of this controversy, that the line between the Cliattahoocliie and Flint rivers, and the head of St. Mary's river, was neitiier traced nor marked by the commissioners appointed under tlie third article of tlie treaty with Spain. From tliTit article they derived their powers, and, by a reference to it, it ■will ajjpear that they were not plenij)otentiaries, but merely ministerial agents, acting under orders to run and mark tiie line according to the stipu- lations of the 2d ai'ticle of tiie treaty, which is in the following words : " The southern boundary of the United States, which divides their teiritory 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 ctpiator, which from ilience shall be drawn due east to the middle of the river Appalachicola, or Chattahoo- chie; thence, along the middle thereof, to its junction with the Flint; thence straight to the head of St. Mary's river ; and thence, down the mid- dle thereof, to the Atlantic Ocean." From the Mississipj)i to the Chatta- hoochie, they executed their commission according to the stijiulations of the treaty. The remaining part of the duty assigned them they neglected to perform : atid whatever agreement they may iiave niaile by virtue of the j)owers invested in the third aiticle, cannot be reasonably insisted uj)on as authority for varying the true line, as the article, in its most enlarged con- [ Doc. No. 77. ] »#> struction, does not extend so far as to justify tl»e running of the line in any other direction, or from and to any otiicr points than those designated in the 2d article. The point of departure, and terminating point, arc both fixed by the 2d article : and it is provided in the Sd, specially, that the com- missioners should run and mark from and to those points. The j)oints re- ferred to are from the junction of the Chattahoochic ajid Flint rivers to the head of the St. xMary's rivei-, and not to mound A, or mound B, or to any other indefinite place, to be fixed upon at the commissioners' discre- tion. As the proceedings of those commissioners present tlie only difli- €ulty, your committee beg leave to cite the \vho!e article under which they acted, to wit : " In order to cairy the jireceding article into effect, one commissioner and ojie surveyor shall be appointed by each of tlie contract- ing parties, who shall meet at the Natchez, on tlie left side of the river Mississippi, before the expiration of six months from the ratification of this convention ; and they shall proceed to run and mark this boundary according to the stipulations of said article; they shall make plats, and keep journals of their proceedings, which shall be considered as jiart of this convention, and shall have the same force as if they were inserted therein." It is charitable to presume that the Judiciary Committee did not examine minutely the provisions of this article, or they would not have exposed their judgment to impeachment by asserting that "the commissioners of the two Governments were appointed to settle and decide a contested question of bonndarij." There is no discretion conferred in this article. If their plats and jour- nals were to have the same force as the convention, they were nevertheless obliged to be in accordance with its stipulation. If, therefore, Mr. EHi- cott agreed, as is insisted upon, that one mile north of mound B should be as far south as the line, when run, should approach, it is very palpable that he exceeded his authority, even though he may have made a plat of mound B, and journalized the agreement. lie was not sent there to make an agreement defining a point to which the line should be run at some fu- ture time, but to run and mark the line between points already described. If permitted to vary the stipulation of the treaty, he could, with as much propriety and equal justice, have fixed upon a poitit fifty miles further in the interior of Georgia. The question is, did the Spanish and American commissioners run and mark the line from the junction of Chatttihoochie and Flint rivers to the head of the St. Mary's river, as they were directed to do ? No : they ran no line at all between those ])oints ! What did they do? They agreed that the line should be run at some future time, and by some other persons, to a certain other point, different from that fixed by the treaty ! ! ! The committee who have claimed its extraordinary power for the commissioners, place themselves in an inextricable dilemma, as they not only consider themselves authorized to overturn the treaty they were appointed to carry into effect, hut likewise assume for them the right to bargain away the soil and sovereignty of a sovereign State, who could not, under her obligations to the Ufiioii, interfere in settling the boundaries of the United States, thousfh on that line of it she was more immediately con- •o cerned than all her sister States together. So far from those commission- 's ers being justified in the exercise of the power which they arrogated, your committee, next to the loss of the liberties of their own State, would regret to see the time when the Government of the United States should become so forgetful of the limitations of her prerogatives, as to assume the power 92 [ Doc. No. 77.] of ratifying a treaty with any foreign nation, by which the least portion of the soil of a State should be taken from her without her consent. The United States is bound by tlie constitution to protect us from inva- sion. Upon the supposition, then, that the line had been run and marked agreeably to the report of the Spanish commissioners, and iiad been sanc- tioned by the Government, by a ratification of the treaty, it would have imposed upon her the disagreeable alternative of breaking the treaty with Spain, or abandoning her obligations to the confederacy. If Florida were yet a Spanish province, Georgia would have a right to require the United States to perform her sacred engagements, by driving from our soil the Spaniard who invaded it. *'To provide for the common defence,''' is one of the principal objects of our political association ; and could the United States humiliate themselves upon our application to have our soil and our sovereignty restored to us, by pleading that tliey had ceded it to Spain, and therefore could not interfere, such a disregard of her obligations would be productive of the worst of consequences, as it would destroy all confi- dence in the protection of the constitution. It is not expected, now that the Federal Government is the proprietor of Florida, that it can be un- mindful of the declaration in the constitution, that <« no new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned." Has the Legislature of Georgia ever given her assent, in any manner, that that portion of the State should be detached and set apart to assist in the foi-ma- tion of another State ? The foregoing allusion to the obligations of the General Government to the States, we have thought it advisable to make, because it does not appear, from the report made to the House of Repre- sentatives, tliat the committee fhemselves consider Ellicott's mound to be the head of St. Mary's ; but they say it " ought to be so considered, be- cause Ellicott and the Spanish commissioner agreed that it should be so, and that the Georgia commissioners, in 1819, concurred in the designation : from which circumstances it had the reputation of being the head of St. Mary's ; and because of that reputation, it should be considered the true head or source of tlie St. Mai-y's." This, though not precisely their lan- guage, is the amount of their argument. Your committee, conceiving that they have most conclusively proven the American and Spanish commission- ers to have acted extra officially in making mounds and agreements not provided for by the treaty, any reputation of names inferred from those acts is too vague to require serious examination. In regard to the acquiescence of Georgia, the facts cited in the report to Congress prove that the authorities of the State were deceived. If Georgia had considered the act of the United States and Spain as deci- sive and final, she would not have deputed commissioners to have made an examination. The very deputation sliows that she conceived, as must be admitted, that she had a right to be heard in settling her own boundary. She did not, though, send those commissioners to make a final settlement of her boundary. She could only confer such power when the United States were ready to join her in the commission. They were sent merely upon an exploring tour, for the satisfaction of the State, on a disputed point. The United States were under no obligation to abide by the opi- nion formed. How, then, can the United States, upon any principle of reciprocity, contend that Georgia should be forestalled by an opinion as [ Doc. No. 77. ] 93 o an isolated fact, to wliich they held themselves free to agree or disa- gree ? The acquiescence of Georgia, in the extent to which it has been given, only proves that she was then, as she is now, and ever will be, while she respects the rights of others as she does her own, billing to be governed in the running of tiiat line by the true ])oints. She desired, then, no moi-e than she believed to be her right ; and from the evidence then in her possession, she supposed tlie point fixed upon by Ellicott was tlic true point. She contends now for no more than later developnjents incontestably prove to be her own. Your conjinittee feel authorized by the facts to deny that Georgia has ever acquiesced so far as to agree that tlie line should be run to Ellicott's mound. There has been no definite act of tiie State, by which the mat- ter has been settled, or considered settled, by either party. It is true her commissioners believed that the mound was at the source of the river, upon whose information the Governor's opinion was then predicated ; all of which was mainly owing to the confidence reposed in the previous ex- aminations of Mr. Ellicott. They were not, however, associated with commissioners of the United States to settle the boundary : they were act- ing merely ex parte, in the search of information, whose report, if correct, would not have bound the United States, and, if erroneous, cannot bind Geor- gia : neither this nor any other act includes either party, because the par- ties never have acted in conjunction ; consequently, the true head of tlic St. Mary's has always been debatable, and, from tlie limited information as to the topograpliy of the country, it was obliged to remain so, until commissioners were duly appointed by the parties to run and mark the line. The argument of the committee, that the north prong was called the St. Mary's, and therefore <' intended in the several State papers above recited," to which ti>ey attach the greatest importance, is based upon the same mistake of their own agent ; for, from the evidence adduced by them, it appears that Ellicott was the first wlio gave it the name of St. Mary's, 'n exclusion of the other branches ; and by an assumption of their own, they deprive the southern branch of a participation in the riglits of a name. This argument cannot avail, even upon the principle which tiiey were forced to admit in their illustration, until a name for the south prong, different from St. Mary's, shall have been established, and that, too, known to the King of Great Britain when the boundary of (icorgia was described ; as it is clear, by the commission to Governor Wright, that it was intended by the Royal Government to extend the eastern boundary of Georgia to the most southern stream of St. Mary's, and thence to the head thereof. The river took its name at the discmbogue- ment ; of course, all streams coming in on the south were southern streams of that river. To the head of the most southern stream, is the point at which the eastern line determines ; for it is in a subsequent clause that tiie soutiiern boundary is described to be <♦ thence westward as far as our territories extend, by the north boundary line of our provinces of East and West Florida." By this commission, all previous boundaries of Georgia were revoked and determined. To this, then, we are to look for our gcograpiiical limits ; and fortunately for us, in this exigency, it describes tiiat stream of the St. Mary's to be the head, or source, for which we are now contendins;, ■with an accuracy that can no longer be misunderstood. It is probable tiiat the course of the river was not accurately known ; from which it is infer- 94 [ Doc. No. 77. ] red that it was the intention of the royal commission that Georgia should extend as far south as the most southern stream, and to tlie head thereof, or tliat part of the description would not have been incorporated in the eastern boundary. It is reasonable to believe that this identical stream ^vas meant, and not the stream at the disemboguement, which was between Amelia island and the main, wliicli is one of the mouths of the St. Mary's. It could not have applied to that, as both tlie provinces of Georgia and Florida were, at that time, under the same regal government, and Amelia Avas not tlien, nor has it at any time since been considered as belonging to Georgia. If, then, it did not mean the southern stream at the mouth of the river, it must have meant the southern stream higher up the river. It is from this charter that our Legislature conceived tliemselvcs aulhoi-ized, in 1783, to declare our boundary to be " from the foik of the Appalachicola, where the Chattahoochie and Flint riveis meet, in a direct line to the liead or source of the southernmost stream of the St. Mary's river, and along the course of said river to the Atlantic Ocean" — which furnishes additional evidence that the south prong was known at that day to be the licad of the river. If the southern stream were not ascei'tained to lead to the source of the river, there would be more plausibility in the entertain- ment of different opinions upon the subject ; as, in that event, the bounda- ry acknowledged by Great IJritain in the treaty of 1782, and provided for us by the treaty with Spain in 1795, would vary from that described by the regal commission of 1764, and our act of 1783. But when all these documents agi'ee that the head of the St. Mary's is one of the points by which the boundary was to be regulated, and the rights conveyed in the charter of Floi-ida are not violated, does it not require a tenacity of opi- nion, ai)[)roaching obstinacy in error, to insist u})on a deviation ? It is not expected that C(mgres.s will be led by sophistry to the support of an erroneous claim. These questions, then, result : if the line were to be run to the point agreed upon by the commissioners under the 3d article of the treaty with Spain, would it i-un accoi'diug to the boundary described for us in our old charter ? according to the boundary which is secured to us in the definitive treaty of peace with Great Britain ? which is jjrovided for us in the treaty of 1795 with the Spanish Government? which our act of 1783 recognises ? and, more than all, which our constitution consecrates ? Your committee cannot believe that, when the subject is fully investi- gated by Congress, the Federal Government will be so unmindful of justice and her obligations to one of the confederacy, even upon the hypothesis that she could succeed, as to claim an advantage which is derived solely from the negligence and err;)r of her own agent. They, therefore, beg leave to i-cconiuiend the following resolutions : Resolved, Tiiat it is desirable to tlie State of Georgia to have the boun- dary line between her and Floi-ida run and marked as speedily as will meet t!ic convenience of the United States. Resolved^ As the act of Congress of I4th May, 1826, providing for the ruiuiiiig and marking that line, requires it to he run and marked to the point designated as the head of St. Mary's, bji the commissioners ajipointed under tlie'thij'd article of the treaty of frieiulship, limits, ami navigation, between the United States and Spain, of 27th October, 1795, and as that line is not, in the opinion of Geoi-gia, the true boundary, that Congress be earnestly requested, at the present session, to repeal the aforesaid act, and to pass another, authorizing the line to be run and marked according to the provisions of the 2d article of said treaty. [ Doc. No. 77. J 95 Resolved, That, should Corjgress refuse to make any provision for run- ning tlic afcH'csaid line, in cotijunction willi the authorities of Georgia, the Governoi" he autliorized and requested to appoint commissioners, to he accompanied with a competent surveyor and artist, to run and mark tlic line accoi'ding to the stipulations coiitained in tlie 2d article of tlie treaty between the United States and Spain, of the 27th of Octobei", 1795. JiesoLved, That the Governor be requested to forwaid a copy to our Senators and Representatives in Congress, to be by them laid before the Senate and House of Kc[U'esentatives of the Congress of tlie Uiiited States. Secretary of State's Office, Georgia, MillcdgevUle, December 26, 1 828. The above and foregoing is from the original deposited in this office. Approved by the Governor the 20tli instant. E. HAMILTON, Secretary. February 13, 1830. Tlie Committee on the Judiciary^ to which toas referred certain resolu- tions adopted by the Legislature of Georgia, approved the \9th December last, relative to the boundary between that State and the Territory of Florida, report : That they Iiave bestowed upon the subject that attentive consideration whicli its great importatice (iemanded, and vvliich is always due to any question involving Ihe territorial limits of a sovereign State of this Union. Before they proceed to state the i-esult of their deliberations, it is proper that they should present a bi-icf historical sketch of the facts out of which the controveisy between Georgia and Florida has arisen. By the second article of tlie provisional treaty of peace between the United States and Great Britain, concluded at Paris on the thirtietli day of November, one thousand seven huiulred and eighty-two, it was agreed that the southern boundary of the United States, commencing in the mid- dle of ti»e river Mississippi, '* at the northernmost [)art of the thirty-first degree of north latitude," should run from thence due east " to the middle of the river Appalachicola or Chattahoochie ; thence, along the middle thereof, to its junction with the Flint river; thence straight to the head of St. Jlury^s river ; and thence, down along the middle of St. Mary's river, to the Atlantic Ocean.'' On the twentieth day of January, one thousand seven hundred and eighty- three. Great Britain ceded liast and West Florida to Spain ; and by the second article of the treaty of San Lorenzo el Real, concluded on the twentieth day of Octobei", one thousand seven limidred and ninety-five, between the United States and Spain, it was agreed that, " to prevent all disputes on the subject of the boundaiies which separate the territories of the two high contracting i)artics, it is hereby declared and agreed as fol- lows, to wit : • 'J'he 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 northern- most i)art of the thirty-first degree of latitude north of the equator, whicli from thence shall be drawn due east to the middle of the river Appalacbi- 9« [ Doc. No. 77. J cola or Chattalioochie ; thence, along the middle thereof, to its junction with the FJint ; thence straight to the head of St. Mary*s river ; and thence, down tlie middle thereof, to the Atlantic Ocean.'" And it was further agreed, by the third article of the same treaty, that, *' in order to carry tlje preceding article into effect, one commissioner and one surveyor shall he appointed by each of the contracting parties, who shall meet at the Natchez, on the left side of the river Mississippi, before the expiration of six months from the ratification of this convention, and they shall proceed to run and mark this boundary, according to the stipulations of the said article. They shall make plats and keep journals of their proceedings, which shall be considered as part of this convention, and shall have the same force as if tijey were inserted therein." Andrew Ellicott was appointed tlie commissioner under this treaty, on the part of the United States, and Don Minor, a captain in the army of his Catholic Majesty, was appointed the commissioner on the part of Spain. Mr. Ellicott and Captain Minor proceeded to run and mark that i)art of the line which ran from the Mississippi to the Chattalioochie. In Sep- tember, 1799, when they were preparing to extend the line from the con- fluence of the Chattalioochie and Flint rivers to the head of the St. Mary's, the hostile disposition and attempts of the Indians compelled them to re- linquish their design. As the western point of this line w^as the junction of two rivers, it could not be mistaken ; and the commissioners knew that, by ascertaining the head of the St. Mary's, and fixing a permanent mark upon the spot, they would thus establish the eastern jioint ; and that, be- tween these two points, the line could be run and marked at any future day. They accoi-dingly proceeded to the mouth of the St. Mary's, and ascended tliat river, to the place whence it issues, from the Okefenokee swamp ; and, on the £6th of February, 1800, they erected a mound of earth on the west side of its main outlet, as near to the edge of the swamp as they could advance, on account of the water. It was impossi- ble for the commissioners to follow this stream further, for the purpose of ascertaining precisely its head, as the swamp from which it proceeds is, at all times, almost impenetrable ; and particularly at the season of the year when they were there. For this reason, the commissioners agreed that the termination of a line, supposed to be drawn north 45° east G40 perches from the mound which they had erected, should betaken as a point to or near which a line should be di'awn from the mouth of Flint river ; which line, when drawn, should be final, and considered as the permanent boundary between the United States and his Catholic Majesty, provided it passed not less than one mile north of the mound ; but if, upon experi- ment, it should be found to pass within less than one mile north of the said mound, it should then be corrected to carry it to that distance. >yith this arrangement Mr. Ellicott believed he had every reason to be ])erfcctly satisfied. The commissioners, after erecting the mound, descended the St. Mary's, and encamped on the south end of Cumberland island, where they remain- ed from the Gtli of March until the 10th of April, 1800, occupied in pre- paring the report of their proceedings, to be submitted to their rcsj)ective Governments. On the latter day, their reports were completed, and they left the island. The committee entertain no doubt, from the testimony before them, but [ Doc. No. 77. ] 97 that this report was immediately transmitted to the office of the Secretary of State, although it cannot at tliis time be fonnd. Whether it has been mislaid or destroyed by fire, is uncertain. F'ortnnatcly, however, Mr. El- licott published his Journal ii^ 1803, which contains all the information that could have been embraced in tlie repoi-t. It may here be proper to state that our minister at the Court of Spain, in obedience to his instr-uctions, addressed an official note to the Secretary of State for Foreign Affairs at Madrid, in the spring of 1828, requesting a copy of the report of Messrs. EUicott and Minor, to which no answer has ever yet been received at the Department of State. From February, 1800, until the year 1817, there is no evidence that Georgia entertained any doubt of the coi-rectncss of the commissioners in the execution of their trust. In tliat yeai-, Captain William Cone, then a member of the Legislature of Geoigia, re[)i"csented, from liis own know- ledge, that Mr. Ellicott liad mistaken the true head of the St. Mary's; and, in consequence of this infoi-mation, the Senate of tliat State, on the 19th December, 1818, adopted a resolution requesting the Governor thereof »* to appoint two fit and proper persons to proceed, without delay, to ascertain tlie true head of the St. Mary's river; and, if it shall appear that the mound thi'own up by Mr. Ellicott and tlie Spanish deputation is not at the place set forth in the ti'caty with S])ain, that they make a special report of the facts to the Governoi', who shall thereupon communicate the same to the President of the United States, accompanied with a refjuest that the lines maybe run agreeably to the true intent and meaning of the aforesaid treaty." Under tiiis resolution, his Excellency, William Rabun, then the Governoi- of Geor'gia, appointed Majors General Floyd and Thompson, and Brigadier Getieral Blacksheai", commissioners; who, after a careful examination, with Caj)tain Cone for their guide, reported that they found the head of the St. Mary's to agree with the report made by Mr. Ellicott. Governor Rabun, in communicating this information to the Secretary of War, in March, 1819, uses the stiong expression, that the report of these commissioners ])rovcd, "beyond the possibility of doubt, that the information received by tlie Legislature of this State was incor- rect ;" and, in the same lettei-, he urges upon the Secretary of War the propriety of running and closing the line immediately according to the treaty with Spain. By tlie treaty concluded at Washington, on the 22d of February, 1819, between the United States and Spain, East and West F'loi'ida were ceded to the United States. The ratifications of this treaty were exchanged at Washington, on the 22d February, 1821, and thenceforth East and West Floiida became a territory of the United States. The United States afterwards proceeded to sell and |)atent a large por- tion of the land included within the ])i'esent claim pointee of success, to agree that the head of another stream should be substituted for that which had been established, and thus take from her a tract of land contain- ing 1,500,000 acres. What we could not have demanded fi-om Spain, wo ought not to require from Florida. Upon the whole, the committee recommend the adoption of the following resolutions: Resolved, That the line between Georgia and Florida ought to run from the junction of the rivers Chattahoochie and Flint to the \nnut designated as the head of the St. Mary's river by the commissioners appointed under the treaty between the United States and Spain, concluded at San Lorenzo el Real on the 20th day of October, 1795. Resolved, That an ap|)ro|H*iation ought to be made, for the purpose of enabling the Pi'esident ot the United States to complete the running and maiking of the said line between Georgia and Florida, under the provisions of the act of the 4th May, 1826. Department of State, Washington, Uh February, 1830. Sir : I was mistaken in the information which I gave you, verbally, a few days ago, that the Spanish Government had promised Mr. Everett to furnish him with a copy of the journal of the commissioners, Ellicott and Minor, for running the southern and southwestern boundary lines between 102 [ Doc. No. 77. ] the United States and the Spanish dominions, npon the application which he liad addressed to that Government, hy the oiders of this department. I find now that Mr. Everett, hy a despatch, dated 1st May, 1828, ac- knowledged tiie receiptor his instructions upon this subject, and states that he lost no time in addressing an official note to the Secretary of State for Foreign AflTiiirs, at Madrid, requesting a copy of the journal referred to; but that up to the period of his departure from that capital, no answer was received hy him to that note. I am, with great respect, Sir, your obedient servant, DANIEL BRENT. James Buchanan, Esq. House of Uepresenlatives. FLORIDA BOUNDARY. Message from the President of the United States^ transmitting the in- formation required by a resolution of the House of Representatives of the 21th ultimo^ respecting the report of the commissioners for run- ning the line between the United States and Florida^ under the treaty of 1795. To the House of Representatives of the United States : In pursuance of a resolution of tlje House of Representatives of the 27th ultimo, calling for information respecting the report of the commis- sioners for running and marking the line between the United States and Florida, under the treaty of 1795, I herewith communicate a report from the Secretary of State, containing the desired information. ANDREW JACKSON. Washington, March 15, 1830. Department of State, ffashington, March 15, 1830. To the President : The Secretary of State, to whom has been referred a resolution of the House of Representatives of the 27th February last, requesting the Presi- dent to inform that House *' whether any answer has been received from our minister in Spain on the subject of the application made to that Go- vernment to obtain a copy of the report of the commissioners for running and maiking the line between Florida ami tlie United States, under the provisions of the treaty of 1795; and to communicate any information recently received at the Department of State on that subject ;" has the honor to state that it does not aj)|)ear, from the files of this office, that the application made in May, 1828, by the minister of the United States at Madrid, in i)ui*suance of instructions from this department, for the docu- ment referred to, has been aiiswered by the Spanish Government. The only information i-ecently received at this office on the subject em- braced by the above resolution, is contained in a letter from Albert Galla- [ Doc. No. 77. ] 103 tin, dated the 1 8th Fcbniary, 1830, and in a document accompanying the same, purporting to be a series of '< observations to accompany the maj) of part of the Mississippi river, the soutiicrn boundary of the United States, and the coast of F'lorida," copies of wliich are, herewith, respect- fully submitted. M. VAN BUllEN. New York, February 18, 1830. Sir : Mr. SVhite, Delegate from Floi-ida, informed me, whilst at Wash- ington, that it appeared, from a correspondence of Mr. Madison with the late Andrew Ellicott, commissioner of the United States for ascertaining the boundary between the said States and the then Spanish provinces of East and West Florida, that tiie official map and report of the proceed- ings of the commissioners had been lent by the State to the Treasury De- partment. This must have taken place whilst I was Secretary of the Treasury ; and, as tlie map could have been wanted there for no other purpose than as affording the proper basis of the surveys of tlie public lands in that quarter, an inquiry was instituted at the Genej'al Land Office ; the result of which, as I am informed, was, that Mr. King, the old and principal draughtsman of the office, had a perfect recollection of the map being de- posited there ; that Mr. Freeman, principal surveyor of the lands south of Tennessee, had taken a copy of the whole or part of it ; that it was not returned to the Department of State ; and that, whilst Mr. Tiffin was Commissioner of the Land Office, it was, by his direction, lent to a com- mittee of Congress, which had applied for it, and had not been returned. But there was no recollection of the " report of the proceedings of the commissioners," if distinct from the map : and, when I left Washington, no such document had been found in the Land Office. Mr. Ellicott had given me, at the time when published, a printed copy of his " astronomical and thermometrical observations on the boundary line," with some corrections in his handwriting. They were published at Philadelphia, for T. Dobson, 1801, are also inserted in the 5th volume of the Transactions of the American Philosophical Society, and are, I pre- sume, well known to you and to Mr. White. But I had some recollec- tion of another manuscript by Mr. Ellicott, on the same subject, being in my possession, and made lately a search, hoping it might prove the lost repoi-t. I have found, and have the honor to enclose, the said manu- script, which proves to be, as stated by himself, '« Mr. Ellicott's observa- tions to accompany the map," &c. I had (from the endorsement *< for Mr. Gallatin," and having forgotten how it came into my possession) be- lieved that it was my private property, and had been given to me, with his printed work, by Mr. Ellicott; which will account for its having re- mained so long in my library. But the designation <' to accompany the map," leaves no doubt on my mind that it was originally transmitted with the map to the Department of State, by Mr. Ellicott, and sent, also, af- terwards, with the map, when this was lent to the Treasury. The words ** for Mr. Gallatin" were probably written, on sending it back to me, by some person (perhaps Mr. Randolph) to whom I had lent it. If I understand the question, on which a doubt has lately arisen, be- i04 [ Doc. No. 77. ] tween tlie State of Georgia and the United States, this manuscript con- tains but little that can elucidate it. Yet what is stated (i)age 20) con- cerning the true St. Marv's, *' which is formed by the water draining out of the Okefenokee swamp," corroborates Mr. Ellicott's statenientsi n his printed "astronomical and tliermometrical observations," above alluded to. It appears from these, that the commissioners surveyed the boundary line along the 31st parallel of latitude, from the Mississippi to the Chat- tahochie river, and down this liver to the mouth of Flint river, which last point they ascertained to be in 30° 42' 42" north latitude, and 5 hours 39' 33" in time west longitude from Greenwich ; that they did not survey the line from the moutij of Flint river to the source of the St. Mary's ; that they proceeded to the mouth of the last mentioned river, ascended it as high as it was navigable for canoes, where they established an ob- servatory, (A,) the latitude of wljich they ascertained to he in 30° 21' 39", and set there a hewn post surrounded by a large mound of earth ; that they ran thence a traverse to a point (4,403.2 perches north, and 886.4 perches west from the point A) where another post was set up, surrounded by another mound of earth, (B,) tlirown up on the margin of the Okefe- nokee swamp, and as neartoit as any permanent mark could be placed, on account of the water; that the river St. Mary's is formed by the water draining out of the said swamp ; and tliat, as no specific point could be fixed in the swamp as the source of the river, ^Htwas therefore agreed that the termination of tlie line, supposed to be drawn north 45° east 640 perches from the mound B, should be taken as a point to or near which a line should be drawn from the mouth of Flint river ; whicii line, when drawn, should be final, and considered as the])ermancnt boundary between the United States and his Catholic Majesty, &c." I have inserted the preceding paragraph, to save you the trouble of refer- ring to the several parts there (pioted of the printed observations. There can thence be no doubt as to the fact tliat a certain spot was agreed to, in pursuanceof the treaty, by the joint commissioners, as the source of the St. Mary's. But it is probable that the autiientic evidence of that fact is lost ; that the maj) was burnt in tlie Capitol in September, [August,] 1814 ; and that tills map, certified by tlie commissioners, was in lact the only ollicial re])ort of their joint proceedings made to tlie Department of State. Under those circumstances, the manuscript observations of Mr. Ellicott may be of some use not only as corroborating the fact that the liver which issues from the Okefenokee swamp was agi-ced on by the commissioners as being the true St. Mary, but also as a docmnent transmitted by Mr. Ellicott to the Department of State, with the maj), and referring to it. It also men- tions a branch coming from the west, between the encampment A and the point B, which branch, therefore, is not the true St. Mary's of the com- missionei's ; and it designates the situation of the Okefenokee swamp, by stating that the river St. Juan's, which falls into the Gulf of Mexico, has also its source in that swamp. On i'cflection, I also enclose my copy of the printed observations, which is of no use to me, and which is not, perhaps, in the collection of books of the department. But it must be ()bserv^^d that the plates rofei-red to in the text arc, all hut one, wanting in that cojiy. It is jirobable that they were inserted in the Sth volume of the Transactions of the American Phi- losophical Society; and one of them, (plate 8,) mentioned page 139, and [ Doc. No. 77. ] 105 purporting to show the traverse from the point A to point B, would greatly assist in finding, on the ground, the true position of those points, and tlicre- fore of the source of the St. Mary's, as agreed on hy the commissioners, I write to Mr. Wliite, letting him iinow that 1 have transmitted Mr. Ellicott's manuscript observations to you, and referring him to this letter for further information. I have the honor to be, Vei'y respectCully, sir, Your most oI)edient servant, ALBERT GALLATIN. The Hon. M. Van Buren, Secretary of State. The following observations, to accompany the map of part of the Missis- sijjpi river, the southern boundary of the IJnited States, and the coast of West Florida, being hastily thrown together from my notes, are only in- tended to convey a general idea of the country to which thev refer. ANDREW eLlICOTT. OF THE MISSISSIPPI. To say any thing new respecting this river, whose magnitude and im- portance have, many years ago, employed tlie pens of some of the histo- rians, philosophers, and geograpliers of most nations in Eur()j)e, as w^ell as in our own country, is not to be expected from me. In following such characters, I shall proceed witli diffidence, and confine myself to that part of this celebrated river which I had an opportunity of examining myself, and w hich lies between the mouth of the Ohio, and the southern boundary of the United States. The confluence of the Ohio and Mississippi rivers is in 57° 0' 23" north latitude, and about 5h. 56' 23" west from the royal ohservatory at Green- wich. I am well aware that this longitude is considerably less tlian has generally been assigned to tliis important geographical point, and have not adopted the alteration without some hesitation, and sliould still have been more cautious if I could have found any other authority in favor of the former position, tlian charts unaccompanied by any observations. The observations from which I have deduced both the latitude and longitude, were made under unfavorable circumstances ; tlie weather was intensely cold, and we had not sufficient covering for ourselves and instruments; but, upon repeatedly examining them, I am not sensible of their being liable to any material objection. Those who are descending the Ohio and Mississippi, and have been pleased with the prospect of large rivers rusiiing together among hills and mountains, will anticipate the pleasure of viewing the conflux of those gi- gantic waters. But their expectations will not be realized ; the jjrospect is neither-grand nor romantic : heic are no hills to variegate tlie scene ; nor mountains from whose summits the mcandei'ing of the rivei-s may be traced ; nor chasms through which they have forced their way. The pros- pect is no more tlian tlie meeting of waters of the same width, along the sounils on our low southein coast. These great rivers, after draining a vast extent of mountainous and hilly counti-y, join their waters in the swamp, through which the Mississippi passes into the Gulf of Mexico. 14 106 [ Doc. No. 77. ] This swamp extends from the high lands in the United States to tlie high lands in Louisiana, and, through various parts of it, the river has, at dif- ferent periods, had its course. From the best information I could obtain, the swamp is from S6 to 45 miles wide from the boundary many miles up, and much the greater part of it lies on the west side of the present bed of the river. From the mouth of the Ohio to the soutliern boundary of the United States, the Mississippi touches but two or three places on the west side that are not annually inundated, and even those are for a time insu- lated, but, on the east side, it waslies the high land in eleven places. The swamp appears to be composed of the mud and sand carried by Mad river into the Missouri, and by the Missouri into the Mississippi, to which may be added the washing of the country drained by the Mississii)pi and Ohio rivers, with their numerous branches, which furnish a fresh stratum every inundation. This stratum is deposited upon a stratum of leaves and other dead vegetables, which had fallen the preceding autumn. These strata may be readily examined in many parts of the swamp, and the banks of the river. The depths of the deposited strata differ considerably, and principally depend upon the duration of the different inundations. In 1797, the inundation was complete by the last of February, and the river was not entirely within its banks till about the beginning of September ; but, in 1798, the inundation was not complete till after tiie middle of May, and the river was generally within its banks by the first of August. The mean perpendicular height to which the river rises above the low water mark at the town of Natchez, is 55 feet. In descending the river, you meet with but little variety : a few of the bends and islands will give you a sample of the whole. If the water is low, you have high muddy banks, quicksands, and sand bars, and, if full, you might almost as well be at sea : for, days together, you will float with- out meeting with any land to set your feet on, and, at the same time, en- vironed by an uninhabitable wilderness. This river, like all others passing througii flat countries, and not check- ed or confined by hills or mountains, is very crooked, as may be seen by the chart. This arises from a very natural cause, and may be explained in the following manner: suppose, in the figure, lines a.b and c rf to be the banks or margins of a portion of a river, and the water moving in the di- rection ef, but meeting with an a ec b d. [ Doc. No. 77. ] 107 obstruction at /. it will be reflected in the direction f g^ and at^, as well as at/, tlie bank will be worn away ; about h an eddy will be formed, ■where sand, eartli, and rubbish will be deposited, and continually increase the convex part, while the concave parts will be worn away, and in time a loop will be formed something like the dotted curve line in the figure, which will increase in magnitude till the river, aided by an inundation, breaks through a shorter way, and the convex part will become an island. If the loop has been very large, and the water ceases to have much current along it, the two ends in a short time will be filled up by the great quan- tity of mud and sand which are constantly mixed with the water of the Mississippi, and a lake will be formed. These lakes are to be met with in various parts of the swamp, and bear evident marks of having been, at some former period, j)ortions of the main bed of the river. In consequence of the great body of water in the Mississippi, and the light and loose nature of the soil, the concave banks of the river are falling in, more or less, during every genera! fall oi- rise of the water ; and I believe but few people have ever descended it in either of those states, who have not heard or seen large portions of the banks give way, which are instant- ly carried off by the current, and the earth, sand, and some of the rubbish, again deposited at the convex points below. From what has been said, one general caution must necessarily present itself to those concerned in navigating the Mississippi, which is, to avoid the CONCAVE BANKS. Many fatal accidents have happened on this river, either through ignorance of the danger, or inattention in coming to at im- proper places on the shore to cook, procure fuel, or for other purposes. We have a late instance of a Mr. McFarling, and part of his crew, being lost by the falling of a bank. When the banks are inundated they are less dan- gerous, being in some measure supported by the water, and not so liable to give way ; but the concave shores are still to be avoided, because the water near the bank, and elevated above it, not being confined to the course of the river by the lower current, rushes straight forward among the cane and timber, and if Kentucky boats (as they are called) fall within the draught of this upper current, it will be extremely difficult to relieve them, or prevent their being lost in the woods. Many losses have been sustained from this cause. A boat njay at all times come to with safety at a sand bar, the upper or lower end of an island where young bushes are growing, or just at the be- ginning of an eddy, below any of the points that are covered with young cotton wood (a species of poplar) or willows (salix nigra.) From the mouthof the Ohio down to the Walnut hills, it is not safe to descend the river in the night, unless the boat be uncommonly strong, on account of the sawyers and planters. The former are trees slightly confined to the bottom by some of their roots or limbs, and the loose or floating ends continue a vibratory motion, generally up and down. Some of them rise five or six feet above the water every vibration. The latter are more dan- gerous, being firmly fixed or planted in the bottom ; they are all easily avoided in daylight. With these precautions, the Mississippi maybe navi- gated with as much, if not more safety, than any other river upon this continent. I shall now proceed to give some account of the construction of the map of the river. A continued and correct survey of the Mississippi will scarcely ever be obtained, on account of the swamps, lagoons, thickets, 108 [ Doc. No. 77. ] and cane brakes on its banks, and below the banks theimpndiments will be equally great. In some jdaces impassable quicksands will be met with, in otbcrs the water will be found washing the high and almost perpendicular banks, and noplace left for a foothold. Some other mode different from the common method of surveying must therefore be resoi-ted to. The fol- lowing was used in constructing the map to which this refers: The mouth of the Ohio was taken as a given point, both as to latitude and longitude. An excellent surveying compass, corrected for the variation of the needle, was used in taking the courses, which were entered in time, instead of space. Every day when the sun shone, at noon, his meridional altitude was taken from the artificial or reflected horizon, with an excellent sex- tant, made by Ramsden, and graduated by the vernier to twenty seconds ; and was generally found, by a great number of observations, to determine the latitude true within less than a minute. The latitudes determined by those observations are entered on the river at the places where the obser- Yations were made. All the courses between each two of those points were protracted in time, instead of space, that is, by calling the time space. Each set of courses were then expanded, or contractetl, so as to agree with the points of latitude to which they belonged : and from the number of latitudes taken, 1 expect that no part of the river will be found very erroneous in that respect : so much cannot be said in favor of the longitude, except at the mouth of the Ohio, and the town of Natchez, which are considered as given points : the latitude and longitude of the latter being determined with as much precision as that of any other point within the United States, From the banks of the river constantly giving way, no map, or chart of it, can be expected to be tolerably correct for more than a century, if so much. OF THE PEARI, OR HALF WAT RIVER. The Pearl or Half Way river is navigable for small craft many miles north of the boundary. It is remarkably crooked, and full of logs and lodged trees, which are at present very injurious to its navigation. Its banks, for some distance above the boundary, and almost the whole of them below, are annually inundated. The banks, with a considerable extent of coujiti-y, become very low, below the Indian house, (marked on the map,) over the wiioleof which the water passes when the river is high, and here it begins to divide into a number of branches: some of them maintain an open channel till they unite again with the main branch, and others are lost in the swamp. Those branches appear so nearly of the same size, thata ])erson not acquainted with the river nill be as likely to take a wrong as a right one. This hajjpencd to several of our parties, and to my- self, although 1 had two ])ersons with me, who had been u\) and down twice before : we were a j)art of two days and one night before we got back to the place where we made the mistake. The ollicer of my escort, with several of his men, weie still more unfortunate ; they took another branch, and were a greater length of time before they discovei'cd their error, and on hall allowance of provision. In consecpience of tlie water extending over such a considerable space, it never ac(|uires a sullicicnt head to force away tiie lodged timber which ill two places extends across the river. The u|)per raft is of considerable magnitude, covered with grass and other herbage, with some bushes. [ Doc. No. 77. ] 109 Through those rafts we luid to make channels, by removing and cutting away the logs, till we hail a suflicient depth of water to float our loaded canoes and peiogues. It was an arduous undertaking, and executed at the most unfavorable season in tlieyear. Nearly the whole of the provision made use of at our station up the river by both parties, including the military escorts, and for extending the line east to the Mobile, was taken from New Orleans through the west end of Lake Pontchartrain, thence up the river to the boundary. The tide ebbs and flows a few miles above latitude 30° 21' 30", where there was formerly a trading house, and to where any vessel that can cross the bar into tlie lake may ascend with ease. The baidvs of the river above the old trading-house, as far as the tide is perceptible, are too low and marshy foi* a settlement. The river has several communications with the Gulf of Mexico and Lake Pontchartrain, but they are all too shoal for vessels drawing moi-c than seven or eight feet water, and there- fore only fit for the coasting trade. The coasting vessels wliich visit New Orleans pass by the mouth of the river into Lake Pontchartrain, thence up the bayou St. John's to tiie canal executed by the Baron de Carondelct, which terminates at the walls of the city, immediately behind the hospital. This canal requires cleaning every year, and is done by slaves, and criminals condemned to hard labor, but miglit be done more effectually by conveying a sti-eam of water into it from the Mississi[)pi at the time of the annual inundation, which might be effected with but little ti'ouble and expense. Lake Pontchartrain is a beautiful sheet of water, but unfortunately sur- rounded by marshes, and tiie landing in many places is attended with diffi- culty on account of the mud. There arc some places towards the east end where the beach is beautiful, being formed by large bodies of cockle shells, from which all the lime used at New Orleans and about the lake is made. OF THE PASCAGOULA. The Pascagoula is a large river, and navigable for small craft a con- siderable distance above the boundary, and, from the report of some of my people who descended it, it is very deep, and falls with some other small- ler waters into a bay opposite the Horn island. The bay and mouth of the river, on account of shoals and oyster banks, appear only adapted to the coasting trade. OF THE MOBILE. The Mobile is a fine large river, and navigable some distance above the boundary for any vessel that can cross the bar into the bay. One square rigged vessel has been as high as Fort St. Stephen's, in latitude 31° 33' 34". When the river is low, the tide ebbs and flows several miles above the line, ami is sometimes observed as high as Fort St. Stephen's; but when the river is full, there is but little, if any, tide above the town of Mobile. It was in the latter state when I asc 'iidcd it, and notwithstanding the cur- rent being constantly against us, and but little fair wind, we reached the place of our encampment north of the boundary in four days ; my vessel was about 40 tons burden. About six miles north of the boundary the Tombeckbec and Alabama 110 [ Doc. No. 77. ] rivers mil to, and, after accompanying each otiier more than three miles, se- ]»arate ; the western hranch from thence down to the bay is called Mobile. The Alabama retains its name till it joins some of its own waters, which had been separated from it for several miles, and then takes the name of Tensaw, which it retains till it falls int() the head of the bay. The easiest way from the Gulf of Mexico by water into the United States, is up those rivers, tiie navigation of each being equally good. The upland on those rivers is of an inferior quality, from their mouths np to the latitude of Fort St. Stephen's, and produces little besides pitch pine, and wire grass, but is said to become better as you ascend the ri\ers. The lands on those rivers have, notwitiistanding, had a good character for fertility; but this has arisen from not discriminating between tlie up- land, which is unfit for cultivation, and tlie banks of the rivers, which are fertile in the extreme, and to which agriculture is almost wholly confined for a number of miles above the boundary. But those lands are subject to a great inconvenience from tiic inundations of the rivers. IMantingisnot attempted in tlie spring till the waters have subsided, and it sometimes happens that inundations follow the first fall of the waters in the spring, and wholly destroy the previous labors of the planters. Tiiis was the case in May, 1799, after the corn was two feet high ; but this inconvenience is by no means so great as it would be in a more north- erly latitude : there still remains summer sufficient to bring a crop of corn to full maturity. The large swamp through which the rivers meander, is intersected in almost all directions by smaller watercourses, wliich keep up a constant connexion between the main branches ; such of them as were used by our people in passing and rp})assing from one sisle to the other. At the mouth of the Mobile river stands the town of that name. The situation is handsome, and some of the houses tolerably good, and, for a ])lacc of its size, the trade is considerable. The jilace is said to be un- iiealthy during the months of July, August, Sejitember, and October. The fort stands a short distance below the town ; it is a well built, regu- lar work, and was taken from tlie British by Don Galvez, during our revolutionary war. Since that time it has been rejiairedand put in a good state of defence by theoflicers of his Catholic Majesty. From the traverse of the river, the latitude of the town a|)pears to be about 50° 55' 50" N. and tiie longitude 5h. 52' 17" west from the royal ob- servatoiy at Greenwich. The bay is extensive, atid supposed to be about 9 leagues in length ; but too shoal for lai-ge ship])ing. 'JMie latitude of the bar at the entiancc intoT the bay Irom the Gulf of Mexico, I found, by a mean of two gooil observa- tions, to be about 50° 12' SO ' N. and as the course of the bay is nearly north and south, the longitude must be nearly the same as that of the town. 01' THK CONECUH. The Conecuh has generally, though erroneously, been called the Scam- l)ia and Escambia, which is a name of a much smaller stream that falls into it fi'oni the uest, and unites a short ill be difficult to erect works on any part of the Mississippi, below the mruth of the Ohio, that will prevent the descent of troops. The rapid- ity of tlic v.atcr, and the width of the river, will enable a boat, with some exertion, to pass any of the foits with but little if any damage ,; and there [ Doc. No. 77. J 115 is no place where a cross fire could be brought to bear with much advan- tage. But the ascent of boats is so slow, that a lew pieces of artillery, well directed and served, would stop the progress of any vessel used on the river. Oil tlje Pearl, or Half-way river, a very short distance above the boun- dary, is a commanding eminence, where a fort might be erected that would easily prevent the ascent of such boats and pirogues as would be proper for that navigation. My knowledge of the PavScagoula is too limited to justify an opinion ; but, from its distance both from the Pearl and Mobile rivers, and diiect communication with the Gulf of Mexico, added to its magnitude, I should suppose it worthy of as much, if not more attention, than the Pearl river. The Mobile, Tumbeckbec, and Alabama rivers are at this time of much more importance to the United States than all the other waters between the Mississippi river and the Atlantic Ocean ; being the only rivers which are navigable for square rigged vessels from the Gulf of Mexico into that part of the United States lying on the north boundary of West Florida. But, exclusive of this consideration, there is another, which arises from the lands on those rivers being already partially settled, and, at this time, the most valuable part of the Union. The position of Fort Stoddard, on Ward's bluff, is a very proper one ; but the works are neither sufficiently extensive nor strong to oppose an enemy possessed of artillery ; and, so long as his Catholic Majesty holds West Florida, so long will it be necessary for the United States to be formidable in this quarter. Any works on the Conecuh will, for some time to come, be unnecessary ; there being no inhabitants to protect, nor a sufficient body of Indians re- siding on it to make that trade worth attending to. About one mile and a half above the boundary, on tlve cast side of the river, there is a place where a trader formerly resided, that would answer tolerably well for a small military establishment. At the confluence of the Chattahoochie and Flint rivers, the lands are swampy, and annually inundated, and therefore unfit for military works ; but there are several bluffs on the east side of the Chattahoochie, which begin about one mile and three-quarters above the mouth of Flint river, where works might be advantageously erected. On the St. Mary's river we have two military establishments, one at Colerain, and the other at the mouth of the river on Point Petre. Neither of them ever have, or will be of any advantage, cither in protecting our trade or adding security to our citizens ; they possess neither advantage of situation, merit in design, nor strength in the execution. The situation selected by the very judicious General Oglethorpe, on the south end of Cumberland island, where he erected Fort William, appears to be the most eligible, and better calculated for a permanent work, to give secu- rity to the harbor and sound than any other position about St. Mary's. or THE INDIOENOUS PLANTS, SIIRUBBY AND HERBACEOUS. Being a very indifferent botanist, I shall be extremely limited on this subject, and only note such productions as particularly attracted my at- tention for their use, quantity, beauty, or singularity. At the mouth of the Ohio, and down the Mississippi swamp, the pre- 116 [ Doc. No. 77. ] vailing timber is cotton wood, (populus deltoida of Marshall,) black wil- low, (salix nigra,) black ash, (fraxinus nigra,) sugar maple, (acer sacca rum,) — but this is not in great abundance, and becomes more scarce as you descend the river : and I do not recollect ever seeing but one tree south of the southern boundary — water maple, (acer negundo,) peccan, (juglans lUinoinensis,) — this is met with as high as the Wabash, where It is scarce, but becomes more abundant from tlience down to the Gulf of Mexico — papaw, (annona triloba,) — I have eaten of the fruit in great per- fection as early as the 17th July, in the Mississippi Territory ; button wood or sycamore, (platanus occidentalis,) hickory, (juglans hickory.) The cypress (cupressus disticha) begins to make its appearance about the Arkansas, and becomes very abundant a little further south, and appears to be inexhaustible before yoti reach the 3 1st degree of north latitude. It occupies many parts of the swamp, almost to the exclusion of any other timber. The cypress is a very useful wood, and used generally in that country for covering, flooring, and finishing tlie buihiings. It grows in swamps, marshes, and ponds, but not on liigh land. The stem or body of the tree generally rises from the apex of a large conical base, above which the workmen have frequently to erect scaffolds before they fall the tree. From the roots of the tree fibout this conical base, a number of conical ex- crescences are srnt uj), which are called cypress knees ; some of them are eight or ten feet high, and, being hollow, are used for bee hives and other purposes. The long moss (tinandsia asn^oides) makes its appearance on the Mississip])i nearly in the same latitude witli the cypress, and almost covers a number of trees before you reach liie Walnut liills. Sweet bay, (laurus barbonia.) magnolia grandiflora ; this most splendid and beautiful tree I do not recollect seeing above the Walmjt hills, but have no doubt of its growing much further north. It is common through all the rich lands of JNatchez, and east to the Atlantic. The foregoing trees ap])ear to be confined either to very wet or xevy rich land, and will be met with in all such places along the boundary and through West Florida, with the ex- ception of the peccan, sugar maple, and one or two others. The katalpa (bignonia katalpa) is not uncommon, but appeared the most abundant on the banks of the Conecuh. The nyssa aquatica is common on the Chat- tahoochie, below the boundary. Exclusive of tliose plants, which are generally confined to low or very rich groiTnds, the following will be met with in various parts of the country : Sassafras, (laurus sassafras,) which grows to a large size about the Natchez, sweet gum, (lequiil amber,) com- mon swamp gum, (nyssa integrifolia,) holly (ilex opaca) in great abun- bance in some parts of the Mississippi Territory, and frequently becomes a large tree; persimmon (diospyros Virginiana) very common, locust, (ro- bina pscud-acacea,) honey locust, (gleditsia tiraconthus,) black walnut, (juglans nigra.) hickory (juglans hickory) of three species, common to the middle States : elm, (ulmus Americana,) dogvvood, (cornus Florida,) red bud, (cercis Canadensis,) mulberry, (morns rubra,) wild plum, (pru- nus Chickasaw,) tulip tree, (liriodendron tulipifera,) white oak, (quercus alba,) black oak, (quercus nigra,) swamp oak, (quercus aquatica,) chesnut oak, (quercus ])rinos,) with several other species or varieties ; live oak, (quercus sempervirens,) this useful timber is much confined to the coast and a short distance from it; I do not recollect seeing it in any quantity in West Florida as far north as the boundary. Red cedar, (juniperus Virginiana,) this is likewise much confined to the coast, and is, in soioe [ Doc. No. 77. ] 117 places, in great abundance ; pine (pinus) of several species, the quantity inexhaustible, buckeye, (desculus pavia,) wild ciierry, (prunus Virginiana,) great palmetto, or cabbage tree, (corypha, or palmetto of Walter,) cassina yapon, (ilex vomitoria,) myraca inadora of Bartram : from the berry of this shrub the green wax used in candle making is collected ; these two last are confined to the coast. Beech, (fagus ferriiginea,) chesnut, (fagus Americana,) cliincopin, (fagus pumila,) spice wood, (laiirus ben- zoin,) Bermudian mulberry, (callicarpa Americana,) cane (arundo gigan- tea of Walter) extends through all parts of the Mississippi swamp, and oc- cupies equally the high as well as low land, from the Walnut hills, down the river, to Point Coupee, and, easterly, from fifteen miles to more than twenty. The wliole of that high, rich, hilly, and broken triict of country, except where the farms are opened, may be considered as one solid cane- brake, and is almost impenetrable, but will probably be destroyed in a few years by the cattle, hogs, and fires. Its general height is from twenty to thirty-six feet, but I have met with it on tlie tops of several hills forty-two feet high. Tiie small cane or reed (arundo tecta of Walter) begins to make its appearance on the boundary about twenty miles east of the Mis- sissippi river, and, with the arundo gigantea or large cane, will be found on all the creeks and river bottoms through to the Atlantic. The China root (smilax China) and passion flower (passiflora incarnata) are abundant in the rich grounds. The sensitive briar (mimosa instia) is common to the poor sandy land. Several species of that beautiful and singular plant, the caracinia, is f)*equently met with in the margins of swanij)s and low grounds ; and three or four handsome sj)ecies of nymphoea are to be found in the ponds and still waters about the rivers. Along the watercourses, and in the swamps, wliere the land is good, several species of well tasted grapes are found in great plenty. Many of the trees in the swamps and low grounds are loaded with a variety of vines, the most conspicuous of which are the creeper or trumpet-flower (bignonia radicans) and common poison vine (rhus radicans.) Resolutions of the Legislature oJ^Georgia on the subject of the Florida boun- dary. In Senate. The Committee on the state of the Republic, to which was referred that part of the Governor's message which relates to the boundary line be- tween the State of Georgia and tiie Territory of Florida, with the ac- companying documents, have had the same under consideration, and report : That the deep interest which the State of Georgia has in the question of the final and satisfactory settlement of her boundaries, is such as to impose on her constituted authorities the duty of prosecuting the subject to some final termination : and at this time your committee believe that the con- stituted authorities of this State would be liable to the charge of a dere- liction of duty to her citizens, were they to ])crmit the boundary whicli separates Georgia from the Territory of Florida, from the junction of the Flint and Chattahoochie rivers, thence to the head of the St. Mary's river. 118 [ Doc. No. 77. ] to remain, as it now does, unascertained, and not run and marked. Your committee, in again presenting a condensed view of the subject referred to their consideration, will purposely be very brief, as the merits of the ques- tion have been so often presented to the Federal Government, and parti- cularly in the report and resolutions agreed to by tlie General Assembly of this State on the 1 6th day of December, 1828, which your committee beg may be referred to as presenting most of the evidences on which Georgia claims a final settlement of the boundary line between this State and the Territory of* Florida. By referring to the charter of Georgia which was granted in the year 17S2 to certain persons, and its surrender to the King of Great Britain in the year 1752 by the trustees ; and the proclamation of 1763, establish- ing the Government of East and West Florida, and extending the south- ern boundary of Georgia, and the commission of Governor Wright, (at which time both Georgia and Florida were British colonies or provinces^) dated the 20th day of January, 1764 ; the only legitimate inference from each of the recited evidences is, that the southern line of Georgia was to run from the most southern stream of a river, St. Mary's, and westward from thence, and, consequently, leaving the whole of the head waters of that river within the boundary of Georgia ; and every other public docu- ment which relates to the said boundary, either as a boundary line of the United States or the State of Georgia, is in palpable accordance with this conclusion, until the year 1800. In the year 1795, the Government of the United States and Spain con- cluded a treaty, by the second article of whicli it was agreed that a line should begin from a point at the junction of the Flint and Chattahoochie rivers, and to run from thence to the head of the St. Mary's river. Un- der the provisions of the said treaty, commissioners were to be appointed to run and- plainly mark said line, and commissioners were accordingly appointed ; and, in the year 1800, Mr. Ellicott, the commissioner on the part of the United States, and the commissioner on the part of Spain, met, and attempted to run and mark the said line from the junction of the Flint and Chattahoochie rivers to the head of the St. Mary's ; but, from causes which it is now unnecessary to state in detail, the line was not run ; but the commissioners fixed on a spot near a branch of the river St. Mary's, and erected a mound, and agreed that the mound so erected by them near the Okcfenokee swamp should be taken as the true head of the St. Mary's river; and that a line should be run from the junction of the Flint and Chatta- hoochie rivers to said mound, and that it should be taken as the true line ; provided, if said line did not pass within one mile north of said mound, it should be correct to carry it to that distance. Your committee, after having recited some of the evidences on whicli Georgia claims that the boundary line between this State and the Terri- tory of Florida has not been cither finally or satisfactorily settled, take leave to state, that, until the year 1819, very little was known of the sec- tion of country about the head of tho St. Mary's river; the Okefenokee swamp, in which it has its head, anterior to that time, was almost an im- penetrable wilderness, and was very little known to civilized man ; and that the explorations made by the authority of the Legislature of this State, in the year 1818, were not intended to do more than to collect information of a part of the lands and boundary line of Georgia ; but, since that time, the Indian right of occupancy has been extinguished to all ©f the lands in this [ Doc. No. 77. ] 119 State, from the junction of the Flint and Chattahoochie rivers to the head of the St. Mary's river; and that section of this State is now generally seltled, and the country generally known : it is, therefore, now believed that it will not be difficult or uncertain to ascertain the true head of the St. Mary's river. Your committee believe the Legislature will not dis- charge a duty it owes to the good citizens of this State, without once more asking and requesting the Federal Government to co-operate in this de- sirable object, and have the said line plainly run and marked. Your com- mittee have too much confidence in the authorities of the General Govern- ment to indicate an opinion that the rights of Georgia are not attended to, from improper considerations. The reports made to Congress by the Judiciary Committee, to which the subject has been referred ; one on the £lst day of March, 1828, and another on the 30th day of Jaimary, 1830, have been carefully examined by your committee ; but as the said reports do not contain any new evi- dence of the claim on which the United States claim that the mound erect- ed by Mr. Ellicott, to be truly and carefully placed at or near the head of the St. Mary's river, they have considered it improper at tliis time to make any examination of the conclusions arrived at by the arguments relied on in said reports. In conclusion, your committee are satisfied that it is their duty to state, that if the question of settlement of boundary between Georgia and the Territory of Florida is not fully and finally settled under the provisions of the resolutions which arc attached to this report, no further attempts should be made by this State, in the way now sought, to effect the desira- ble object ; but that the question ought to be carried for decision before the proper judicial tribunal ; and to effect the object embraced in this re- port, your committee recommend the adoption of the following resolutions: Resolved, That it is the opinion of this Legislature that the dividing line between Georgia and Florida ought to be run from the junction of the Flint and Chattahoochie rivers to the head of the most southern branch or head of St. Mary's river ; and that the said line ought to be marked with- out further delay. Resolvedf That Congress be earnestly requested, as an act of justice, during its present session, to repeal, alter, or amend the act of the 14th of May, 1826, which provi>led for the running out and marking the line dividing Georgia, from the Territory of Florida ; and to make additional and suitable provisions for the appointment of commissioners on the part of the United States, to join commissioners on the part oC Georgia, to run out and plainly mark the dividing line between the State and the Terri- toiy of Florida, agreeably to the second article of the treaty of the 27th of October, 1795, between the United States and Spain. Resolved, Tliat should commissioners be appointed on the part of the United States, during the next session of Congress, to meet commissioners on the part of this State, to run out and mark the dividing line between Georgia and the Territory of Florida, that, as soon as his Excellency the Governor shall or may be informed of the si?me, he be, and he is hci-eby, empowered and requested to appoint, without delay, a competent commis- sioner, artist, or surveyor, on the part of this State, to meet the commis- sioner on the part of the United States ; and that lie open a correspond- ence with said commissioner on the part of the United States, requesting a meeting of the commissioners on the part of this State and the United 120 [ Doc. No. 77. J ; States, at the earliest day convenient, for the purpose of discharging the duties assigned them with the least possible delay. Resolved, That if the commissioners on the part of the United States and Georgia shall meet agreeably to the provisions of the preceding resolution, and shall fail to effect the object of their appointment, that it is desirable that they report, and recommend terms and conditions on which the said disputed and unsettled line ought to be fully and finally settled. If, there- fore, the Federal Government shall give authority to the commissioner appointed by said Government to make such recommendations to the said Government, that his Excellency the Governor be, and he is hereby, re- quested to give to the commissioner on the part of Georgia, instructions to join in such recommendation,' if they should agree that the same is just and proper. Resolved, That should Congress, at its ensuing session, refuse or neglect to make provision for running out and plainly marking the said line, by the appointment of a commissioner to meet the commissioner who may be appointed on tiie part of Georgia, that his Excellency the Governor be, and he is hereby, authorized and requested, as soon after the adjournment of the next session of Congress as may be consistent, to appoint two commis- missioners and an artist and surveyor, to meet as early after their appoint- ment as may be convenient, and run out and plainly mark the said line dividing Georgia from the Territory of Florida, from the junction of the Flint and Chattahoochie rivers to the head of the St. Mary's river, agree- ably to the second article of the treaty between the United States and Spain, of the 27th day of October, 1795 ; and that his Excellency the Governor do, in such case, inform the President of the United States of the time at which the commissioners on the part of Georgia will proceed to run out and plainly mark said line. Resolved, That his Excellency the Governor be requested to forward a copy of this report and resolutions to our Senators and Representatives in Congress, to be by them laid before Congress early in the ensuing session, with a request that they may use, in the most earnest manner, every means in their power to get the Government of the United States to meet Geor- gia by commissioners, with full power and authority finally to settle this long standing and unpleasant controversy. Read and agreed to, November 19, 1830. THOMAS STOCKS, President. Attest : John A. Cuthbeut, Secretary. In the House of Representatives — Read and concurred in. ASBURY HULL, Speaker. Attest : Wm. C. Dawson, Clerk. Approved, l6th December, 1830. GEORGE R. GILMER, Governor.