A presidential proclamation is a statement issued by a president on a matter of public policy. The first proclamation was made by George Washington to recommend a day of thanksgiving and prayer. Unlike executive orders, proclamations do not have the force of law unless authorized by Congress. There are two kinds of proclamations issued by the president. One is "ceremonial" to designate special observances or national holidays, and the other is "Substantive" meaning that it relates to the conduct of foreign affairs and other sworn duties. A proclamation, allows the President to use his authority to make a command, rather than to build a case or argument. They often have great political and historical consequences such as George Washington's 1793 Proclamation of Neutrality, and Lincoln's 1863 Emancipation Proclamation. During Thomas Jefferson's two terms he made 10 proclamations, three of them to call one or both houses of Congress into session. One was of great significance as it settled disputes over the Louisiana purchase.
When the United States purchased the Louisiana Territory there was a major dispute over whether or not West Florida was part of Louisiana. Prior to the transfer of Louisiana to France, Spain had united West Florida and Louisiana into one province. James Monroe, special minister to France argued that France controlled the entire territory including West Florida prior to the purchase of Louisiana. Thus, Spain could be required to cede to the United States all territories west of the Perdido river include Mobile. Congress followed this interpretation and passed a bill authorizing the president "to annex to the Mississippi revenue district all such navigable waters wholly within the United States east of the Mississippi River and to place all such waters to the east of the Pascagoula River into a separate revenue district and to designate suitable ports of entry and delivery".
When the Spanish minister Marqués de Casa Yrujo learned of this act claiming all lands east of the Pascagoula River, he was incensed and demanded that this section of the act be annulled. It conflicted with his interpretation of the obscure territorial clauses defined in previous treaties. But the truth was that both Jefferson and Yrujo had failed to make any demands regarding the possession of the territory in question at the time Louisiana was transferred. It was a very awkward situation for both of them. Without an adequate explanation from Jefferson or Congress, Yrujo withdrew from Washington in anger. Congress and the minister from Spain were in gridlock, So, President Jefferson took to his pen and crafted a proclamation declaring that a section of land along the Mobile river including Fort Stoddert was to be denominated "the district of Mobile". This proclamation essentially annulled the sections of the "Mobile Act" in dispute and was "perfectly satisfactory" to Casa Yrujo.
In his 4th annual address to Congress, President Jefferson explained the situation as a misunderstanding on the part of Spain. He said that candid explanations were immediately given to Spain along with the assurance that no laws would be enacted regarding the territory that is inconsistent with the peace and friendship between the two nations. Spain had threatened to suspend the ratification of the Convention for Indemnification (of those who sustained losses during the war). But, Jefferson's proclamation ('instrument establishing the port and district') brought them back from the brink and 'may reasonably be expected to replace them in the dispositions and views of the whole subject which originally dictated the convention'. Jefferson now had the satisfaction of informing Congress that the objections over the validity of our title to the 'country of Louisiana have been withdrawn'. Exact limits of territories still had to be settled, but the purchase was now settled.
"Soon after the passage of the act of the last session authorizing the establishment of a district and port of entry on the waters of the Mobile we learnt that its object was misunderstood on the part of Spain. Candid explanations were immediately given and assurances that, reserving our claims in that quarter as a subject of discussion and arrangement with Spain, no act was meditated in the mean time inconsistent with the peace and friendship existing between the 2 nations, and that conformably to these intentions would be the execution of the law. That Government had, however, thought proper to suspend the ratification of the convention of 1802; but the explanations which would reach them soon after, and still more the confirmation of them by the tenor of the instrument establishing the port and district, may reasonably be expected to replace them in the dispositions and views of the whole subject which originally dictated the convention.
I have the satisfaction to inform you that the objections which had been urged by that Government against the validity of our title to the country of Louisiana have been withdrawn, its exact limits, however, remaining still to be settled between us; and to this is to be added that, having prepared and delivered the stock created in execution of the convention of Paris of 1803 April 30, in consideration of the cession of that country, we have received from the Government of France an acknowledgment, in due form, of the fulfillment of that stipulation."
http://www.presidency.ucsb.edu/ws/index.php?pid=29446
http://www.encyclopediaofalabama.org/article/h-3259
https://en.wikipedia.org/wiki/Presidential_proclamation
https://en.wikipedia.org/wiki/West_Florida_Controversy
http://avalon.law.yale.edu/19th_century/sp1802.asp
https://www.nationaljournal.com/media/media/2015/09/01/AL-Image-3_F2Yakln.jpg
https://www.history.org/Foundation/journal/Spring07/images/Port_2b.jpg
A Proclamation
To all whom these presents shall come:Whereas by an act of Congress authority has been given to the President of the United States, whenever he shall deem it expedient, to erect the shores, waters, and inlets of the bay and river of Mobile, and of the other rivers, creeks, inlets, and Bays emptying into the Gulf of Mexico east of the said river Mobile and west thereof to the Pascagoula, inclusive, into a separate district for the collection of duties on imports and tonnage; and to establish such place within the same as he shall deem it expedient to be the port of entry and delivery for such district; and to designate such other places within the same district, not exceeding two, to be ports of delivery only:
Now know ye that I, Thomas Jefferson, President of the United States, do hereby decide that all the above-mentioned shores, waters, inlets, creeks, and rivers lying within the boundaries of the United States shall constitute and form a separate district, to be denominated "the district of Mobile;" and do also designate Fort Stoddert, within the district aforesaid, to be the port of entry and delivery for the said district.
Given under my hand this 20th day of May, 1804.
TH: JEFFERSON.
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