On the 27th of October, President Madison issued a proclamation authorizing Governor Claiborne to take possession of West Florida and to govern it as part of the Orleans Territory. He justified his action, which had no precedent in American diplomacy, by reasoning which was valid only if his fundamental premise was accepted. West Florida, he repeated, as a part of the Louisiana purchase belonged to the United States; but without abandoning its claim, the United States had hitherto suffered Spain to continue in possession, looking forward to a satisfactory adjustment by friendly negotiation. A crisis had arrived, however, which had subverted Spanish authority; and the failure of the United States to take the territory would threaten the interests of all parties and seriously disturb the tranquillity of the adjoining territories. In the hands of the United States, West Florida would "not cease to be a subject of fair and friendly negotiation." In his annual message President Madison spoke of the people of West Florida as having been "brought into the bosom of the American family," and two days later Governor Claiborne formally took possession of the country to the Pearl River. How territory which had thus been incorporated could still remain a subject of fair negotiation does not clearly appear, except on the supposition that Spain would go through the forms of a negotiation which could have but one outcome.
The enemies of the Administration seized eagerly upon the flaws in the President's logic, and pressed his defenders sorely in the closing session of the Eleventh Congress. Conspicuous among the champions of the Administration was young Henry Clay, then serving out the term of Senator Thurston of Kentucky who had resigned his office. This eloquent young lawyer, now in his thirty-third year, had been born and bred in the Old Dominion--a typical instance of the American boy who had nothing but his own head and hands wherewith to make his way in the world. He had a slender schooling, a much-abbreviated law education in a lawyer's office, and little enough of that intellectual discipline needed for leadership at the bar; yet he had a clever wit, an engaging personality, and a rare facility in speaking, and he capitalized these assets. He was practising law in Lexington, Kentucky, when he was appointed to the Senate.