Mr. Schurz. Ah, exactly.
Mr. Frelinghuysen. And from 1803 to 1819 the controversy was going on. The true position, as I understand it, is that a treaty need not be pending; that the President of the United States represents the Nation, and has the right to negotiate a treaty and to protect the dignity of the Nation while it is being negotiated.
Mr. Schurz. Precisely. So it appears, from the statement of the Senator, that President Madison took possession of West Florida in 1810, by virtue of a treaty which was made in 1819! Now let us see. Here is a message of President Madison addressed to the Congress of the United States, January 3, 1811:
Taking into view the tenor of these several communications, the posture of things with which they are connected, the intimate relation of the country adjoining the United States eastward of the river Perdido to their security and tranquillity, and the peculiar interest they otherwise have in its destiny, I recommend to the consideration of Congress, the seasonableness of a declaration that the United States could not see, without serious inquietude, any part of a neighboring territory, in which they have in different respects so deep and so just a concern, pass from the hands of Spain into those of any other foreign Power.
I recommend to their consideration also the expediency of authorizing the Executive to take temporary possession of any part or parts of the said territory, in pursuance of arrangements which may be desired by the Spanish authorities, and for making provision for the Government of the same during such possession.—Annals of Congress, Eleventh Congress, third session, page 1251.
And here is a proclamation of the President issued on the 27th day of October, 1810:
Whereas the territory south of the Mississippi territory and eastward of the river Mississippi, and extending to the
