thumb|upright=1.75|Annotated map of the territorial changes of [[British West Florida|British and Spanish West Florida When France then sold the Louisiana Territory to the United States in 1803, a dispute arose between Spain and the United States regarding whether West Florida was part of the Louisiana Purchase. The United States laid claim to the region of West Florida between the Mississippi and Perdido Rivers, asserting it had been part of French Louisiana. Spain held that such a claim was baseless.

In 1810, a group of discontented American and British settlers in the area of Baton Rouge learned that the Spanish colonial governor, who had feigned sympathy, was in fact mounting a force against them. They revolted by overrunning a Spanish garrison at Fort San Carlos in Baton Rouge on September 23, 1810, and declared the independence of the Republic of West Florida on September 26. <sup>pp. 288–291</sup>

"Valid title by possession of her part of the ceded territory was acquired by Great Britain at once (1763). Spain failed to make good by occupancy her title until 1769, when [[Alejandro O'Reilly|[Alejandro] O'Reilly]] took formal possession. For six years, therefore, the Louisiana as France possessed it, and as Spain received it, included no territory between the Mississippi and Perdido rivers. In 1779-81 Spain acquired West Florida, as well as East Florida by right of conquest, confirmed by the treaty of 1783. By no logical process of reasoning can it be shown that Spain's independent title to West Florida thus acquired should be included in Spain's previously acquired title to Louisiana and the island of New Orleans," according to Chambers. Spain made a retrocession to France of the province of Louisiana as at that time possessed by Spain, and such as it was when France possessed it. Juan Manuel de Salcedo, that Spain retroceded to France exactly the territory that it had received forty years before. Therefore Louisiana did not include West Florida, which Spain had acquired from Great Britain. <sup>p. 87–88</sup>

The clause in Article III of the St. Ildefonso treaty, "the 'extent that it now has in the hands of Spain' did not mean to include West Florida, for the latter was separate from Louisiana in the Spanish mind; and in governmental ordinances and treaties the Floridas are always specified as distinct from Louisiana, Cuba and other Spanish possessions. 'And that it had when France possessed it.' When France possessed it between 1763 and 1769, ... it did not include West Florida. 'And such as it should be after the treaties subsequently entered into between Spain and the other States.' Spain entered into no treaty with other States relative to Louisiana until she ceded it back to France in 1800. … The Louisiana ceded to Spain by France, and retroceded by Spain to France, did not extend to the Perdido river. The only territory east of the Mississippi river included in the Louisiana transferred and retransferred, was … the Island of Orleans." Nor was it stipulated in her treaty of the year 1801 that the acquisition of Louisiana by France was a retrocession; that is to say that Spain restored to France what she had received from her in 1762. … [T]he same day France ceded to England by the preliminaries of peace, all the territory to the eastward. Of this Spain received no part and could therefore give back none to France. All … bears the name of Florida. It has been constantly designated in that way during the time that Spain held it. It bears the same name in the treaties of limits between Spain and the United States; and in different notes of Mr. Livingston of a later date than the treaty of retrocession in which the name of Louisiana is given to the territory on the west side of the Mississippi; of Florida to that on the east side of it. … [Y]ou must think as unnatural, after all the changes of sovereignty which that part of America has undergone, to give the name of Louisiana to the Mobile district as to territory more north of it, on the same bank of the river, which formerly belonged to France. These observations, sir, will be sufficient to dispel every kind of doubt with regard to the extent of the retrocession made by Spain to France. … It was under this impression that the Spanish and French Plenipotentiaries negotiated. … [During] the whole course of these negotiations, the Spanish government has constantly refused to cede any part of the Floridas. … [M]oreover, … Gen. Bournouville was charged to open a new negotiation with Spain for the acquisition of the Floridas. His project which has not been followed by any treaty is an evident proof that France had not acquired by the treaty retroceding Louisiana the country east of the Mississippi. <sup>p. 82</sup>

Shifting American position

Previous to May, 1803, U.S. envoy Robert Livingston had contended that West Florida formed no part of Louisiana. However, the ambiguous third article of the treaty of St. Ildefonso lent itself to his purpose, although he had to adopt an interpretation that France had not asserted nor Spain allowed. <sup>pp. 87–88</sup>

In the autumn, 1803, Jefferson "embodied his views in a pamphlet entitled, 'The Limits and Bounds of Louisiana.'" Jefferson had asked some U.S. officials in the territorial border area "to give him their views on Louisiana cartography. Daniel Clark, the best informed of them, did not believe the cession extended beyond the line laid down in the Treaty of 1763, and [[William Dunbar (explorer)|[William] Dunbar]] coincided with his view. … [[William C. C. Claiborne|[William C. C.] Claiborne]] and John Sibley of Natchitoches were inclined to favor the claim to the Perdido, but their views were evidently determined by policy rather than precise information. The substance of their replies afforded the president little comfort." <sup>pp. 97–100</sup>

Jefferson "had evidently permitted Congress to pass the act in order to test Spanish resistance to [the U.S.] claim. When this proved unexpectedly strong, he wavered … and, by implication, threw upon Randolph the major part of the blame for the unfortunate legislation." The testy Ways and Means Committee chairman did not forget the affront. <sup>pp. 109–110</sup>

In October, 1804, Monroe reached Paris from London on his way to Madrid. "Monroe desired to remind Talleyrand [in a letter] of Napoleon's promise the year before to assist the United States in procuring the Floridas." After Monroe left for Madrid, Napoleon "directed Talleyrand to declare the American claim to West Florida absolutely unfounded and to express a sarcastic interest in the outcome of so unusual a negotiation." Talleyrand's declaration on November 8, 1804 (see above), "in connection with other previous statements did much to insure the failure of his mission." <sup>pp. 116–117</sup>

"Warned by the reports from abroad, the president now expected his envoys to break off the hopeless negotiations and merely attempt to secure the privilege of navigating the Mobile. Madison was ready to abandon the American claim to West Florida altogether." <sup>p. 118</sup>

In Madrid on May 12, 1805, Monroe and the American envoy Charles Pinckney submitted to Spain "the ultimate conditions on which they were authorized to adjust the points depending between the two governments. … The propositions were absolutely rejected, and Mr. Monroe considering the negotiation concluded, asked and obtained his passports," acknowledging "the utter failure of the mission in all its objects." <sup>pp. 46–47</sup>

Chambers also explains how, "when the United States purchased Louisiana, it acquired a vitiated title, which, if Spain had been at the zenith of her power, would never have been made good." Although James Wilkinson was being paid about $4000 a year by the Spanish government, he nonetheless led the United States Army unit that carried out this seizure, the only permanent territorial acquisition during the War of 1812. On September 12-15, 1814, the Royal Navy, the Royal Marines, and Muscogees, attacked Mobile Point in the First Battle of Fort Bowyer; HMS Hermes ran aground during the unsuccessful bombardment and was burned by the British. On February 8, 1815, in the Second Battle of Fort Bowyer, the Royal Navy landed soldiers who successfully set up cannons, howitzers, mortars, and Congreve rocket launchers, and the fort was surrendered on February 12. However, on February 13, HMS Brazen arrived, with news of the Treaty of Ghent.

On July 17, 1821, Colonel José María Callava, the Spanish governor of West Florida, formally delivered West Florida to United States General Andrew Jackson.

References

  • "Not Merely Perfidious but Ungrateful": The U.S. Takeover of West Florida by Robert Higgs (2005)
  • Arthur, Stanley Clisby (1935), The Story of the West Florida Rebellion. St. Francisville, La.: St. Francisville Democrat.
  • Cox, Isaac Joslin (1918). West Florida Controversy, 1798–1813; A Study In American Diplomacy,