to the refusal and a resort to force; thirdly, because mere silence would be no bar to a plea at any time that a delivery of a part, particularly of the seat of the government, was a virtual delivery of the whole.
The President's silence at New Orleans was the more conspicuous because, at the moment when the province of Louisiana was thus delivered with such boundaries as Spain chose to define, Congress was legislating for Florida as an integral part of the Union. John Randolph's official assertion that Mobile belonged to the United States under the treaty of cession, was made in the last part of October, 1803, soon after Congress met. About a month later, November 30, he introduced a Bill nominally for giving effect to the laws of the United States within the ceded territory. After much debate and disagreement this Bill at length passed both Houses, and Feb. 24, 1804, received the President's signature. The fourth section directed that the territories ceded to the United States by the treaty, "and also all the navigable waters, rivers, creeks, bays, and inlets lying within the United States, which empty into the Gulf of Mexico east of the River Mississippi, shall be annexed to the Mississippi district, and shall, together with the same, constitute one district, to be called the 'District of Mississippi.'" This provision was remarkable, because, as every one knew, no creeks, bays, or inlets lying within the United States emptied into the Gulf. The Act by its eleventh section authorized the President, "whenever he shall deem it
