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WEST FLORIDA ANNEXATION COMMISSION

(transcribed from History of Alabama and dictionary of Alabama biography, Volume 2

By Thomas McAdory Owen, Marie Bankhead Owen)

A commission of three members, to be appointed by the governor, was authorized by the Alabama Legislature, March 4, 1901, to confer with a like commission on the part of Florida, to provide for the annexation to Alabama of that part of Florida known as "West Florida." The commission is empowered to do and perform all acts requisite and necessary to perfect and consummate an agreement of cession, but no such agreement is to be binding until ratified by the Legislature of Alabama and approved by the governor. The territory to be annexed is described as: "All the said territory and jurisdiction now held by the State of Florida in and to and over that portion of the territory of the State of Florida lying and being west of the thread of the Chattahoochee and Appalachlcola rivers and west of a line running due south from the thread of the mouth of the Appalachlcola river, bending west so as to pass between the islands of St. George and St. Vincent, known and called West Florida." In accordance with the authority thus conferred, Gov. Jelks appointed William L. Martin, Richard C. Jones and Samuel Blackwell as commissioners. So far as known, however, the commissioners never qualified nor organized, and Mr. Martin and Mr. Jones are now (1916) deceased.

The annexation of West Florida to Alabama

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Early Attempts at Annexation.—The foregoing action of the legislature was not the first effort made to annex west Florida to Alabama. In 1811 the inhabitants of west Florida petitioned Congress to be incorporated into the Mississippi Territory. Later the constitutional convention of Alabama, 1819, memorialized Congress to embrace all of west Florida in the new' State; and the preamble to the constitution was so phrased as to permit "such enlargement as may be made by law in consequence of any cession of territory by the United States, or either of them." The several subsequent constitutions of Alabama have carried this or a similar provision, thus foreshadowing the possible annexation of the western part of the State of Florida.

Sporadic efforts and discussion to bring about annexation doubtless occurred between 1819 and 1861, but one only deserves special mention. The general assembly, February 8, 1858, adopted a joint resolution proposing to the State of Florida that it cede west Florida to the State of Alabama, and authorizing the governor to appoint a commission to conduct the negotiations. Judge Gappa T. Yelverton, of Coffee county, was appointed commissioner; but after a conference, he failed to obtain the assent of the Florida State government to the cession. Nothing further was done in that direction until several years after the close of the War.

On December 30, 1868, the legislature reopened negotiations by the adoption of another joint resolution authorizing and directing the governor "to negotiate with the State government of Florida, for the annexation to the State of Alabama, of that portion of Florida lying west of the Chattahoochee river," and directing the State auditor, on the order of the governor, "to draw his warrant upon the treasury out of any money not otherwise appropriated, to defray the necessary incidental expenses incurred in conducting the negotiations." The resolution further stipulated that no action should be considered final and binding until ratified by the general assembly and the Congress of the United States. No mention was made of the appointment of a commission to represent the governor in the negotiations, but nevertheless Gov. Wm. H. Smith appointed a commission of three members, namely, J. L. Pennington, State senator from Lee County, and author of the resolution, Charles A. Miller, secretary of state, and Judge A. J. Walker, long the distinguished chief justice of the Supreme Court of Alabama. They received their appointments in January, 1869, drew $500 each from the treasury, and left immediately for the State capital at Tallahassee, where they remained until favorable action by the Florida authorities had been obtained.

On January 26, 1869, the Florida Legislature adopted resolutions, directing the governor to appoint three commissioners to go to Montgomery as, "the duly accredited agents of this State to negotiate for said transfer." The Florida commissioners arrived in Montgomery early in May. On the 19th of that month a tentative agreement of cession was signed. The consideration for the transfer of west Florida was to be the payment by Alabama of $1,000,000, in 8 per cent, 30-year bonds, and the payment in money of the solvent taxes unpaid in the district at the time of actual transfer. The governor at once approved this contract, but professed to consider the price agreed upon more than the State, "under all the circumstances of the case," ought to pay.

The publication of the agreement precipitated considerable discussion in each state. The feeling of the west Florida people generally was favorable, but in Alabama opinion was divided. Some of the more influential newspapers not only opposed the plan, but openly ridiculed it. On November 2, 1869, an election was held in seven of the eight counties in Florida, comprising the territory proposed to be ceded, namely, Calhoun, Escambia, Franklin, Washington, Holmes, Santa Rosa, and Walton. The total number of votes cast was 1,823, of which 1,162 were for and 661 against annexation. No election was held in Jackson County, but the feeling of its citizens was known to be strongly favorable. Gov. Smith transmitted the agreement to the general assembly in November, and later officially informed it of the result of the west Florida election. A joint resolution was introduced, ratifying the agreement and calling upon Alabama's Representatives and Senators in Congress to obtain the assent of that body to its consummation. The legislative committee to which the whole matter was referred reported favorably on a bill for annexation, but later in the session action was postponed until the next session.

During the same session an investigafion of the expenditures of the annexation commission, which in 1869 aggregated $10,500, was instituted. This may have had much to do with the postponement of final action on the agreement.

During the next session, 1870-71, the house of representatives adopted a resolution favoring the annexation, but it failed in the senate. The agitation rested until 1873, when it was revived, and another act was passed, providing for annexation, but only with vigorous opposition. It followed closely the plan of 1869. This action met with no encouragement on the part of the Florida authorities, and the matter thereupon appears to have been dropped. No further official action seems to have been taken until the passage of the act of March 4, 1901, here-in above noted.

In their report transmitting the tentative agreement to Gov. Smith, the commissioners of 1869, expressed their opinion on the question: "If she [Florida] should from a sentiment of State pride, reject the contract, the subject had better be forever dropped, for we do not conceive that a more favorable opportunity or a fairer or more honorable contract will ever be presented."

Notwithstanding the subsequent attempts to accomplish annexation, there is nothing now apparent to discredit the foresight and accuracy of this opinion.

References.—Code, 1907, secs. 80-81; Acts, 1837-38, p. 128; 1853-54, p. 501; 1857-58, p. 432; 1868, p. 599; and the Message of Gov. John Murphy, Nov. 21, 1826, transmitting petition from citizens of West Florida, in Senate Journal, 1826. The messages of Gov. David P. Lewis, dealing with the subject are as follows: Feb.

3, 1873, Senate Journal, 1872-73 [1872-73], pp. 100-106; Feb. 5, 1873, Ibid, p. 107; Feb. 17, 1873, Ibid, p. 175; and Nov. —, 1874, Ibid, 187475, p. 8. The "Agreement between the commissioners for annexation" is one of theDocuments accompanying Governor's annual message, 1869. Col. Francis G. Caffey presented an elaborate discussion of the question at the annual meeting of the Alabama State Bar Association, 1901.—Proceedings, 1901, pp. 108-133; also issued separately.