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firmed and enforced by the treaty of Madrid, March 21, 1801. Spain had held Louisiana thirty-seven years— from 1763 to 1800.


MARCH 29.-A despatch of this date, from Rufus King, American Minister in London, contains an intimation that Spain has ceded Louisiana and Florida to France.

DECEMBER.-Rufus King sends what he believes to be a true copy of one of the treaties making the cession.


APRIL 18.-Jefferson writes to Livingston that the intimated cession of Louisiana to France

"Completely reverses all the political relations of the United States, and will form a new epoch in our political course. We have ever looked to France as our natural friend-one with whom we could never have an occasion of difference; but there is on the globe one single spot, the possessor of which is our natural and habitual enemy. It is New Orleans, through which the produce of three-eighths of our territory must pass to market; and from its fertility it will ere long yield more than half of our whole produce, and contain more than half of our inhabitants. France, placing herself in that door, assumes to us the attitude of defiance. Spain might have retained it quietly for years. Her pacific dispositions, her feeble state, would induce her to increase our facilities there, so that her possession of the place would be hardly felt by us, and it would not, perhaps, be very long before some circumstance might arise which might make the cession of it to us the price of something of more worth to her. Not so can it ever be in the hands of France. The day that France takes possession of New Orleans fixes the sentence which is to restrain her forever within her low-water mark. It seals the union of two nations, who, in conjunction, can maintain exclusive possession of the ocean. From that moment we must marry ourselves to the British fleet and nation. We must turn all our attentions to a maritime force, for which our resources place us on very high ground; and having formed and connected together a power which may render re-enforcement of her settlements here impossible to France, make the first cannon which shall be fired in Europe the signal for tearing up any settlement she may have made, and for holding the two continents of America in sequestration for the common purposes of the united British and American nations." The whole letter was an argument that it was for the interest of both countries for France to cede Louisiana to the United States.

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OCTOBER 16.-The Spanish Intendant of Louisiana issues a proclamation interdicting the privilege, secured by the treaty of 1795, of depositing American merchandise in New Orleans. Hildreth says:

"This interruption to their commerce produced a great commotion in the Western country, and led to emphatic remonstrances from the Governor and Legislature of Kentucky, threatening to drive the Administration to a speedy use of force."

It was the disaffection in the Southwest that led Burr to engage in his conspiracy.

-James Pursley the first hunter and trapper to cross the plains to New Mexico.

-Greeley says, in the American Conflict:

"In 1802, Napoleon Bonaparte, then First Consul, induced the feeble and decaying Bourbons of Spain, then in close alliance with revolutionary France, to retrocede to her Louisiana, almost without consideration; and the French flag once more waved over delighted New Orleans."


APRIL 10.-Parton says:

"On Easter Sunday, April 10, in the afternoon, after having taken conspicuous part in the revived ceremonies of the occasion (Mr. Monroe being still many leagues from Paris, but expected hourly), the First Consul opened a conversation with two of his ministers upon Louisiana. One of these Ministers, who reports the scene, was that old friend of Jefferson's, Barbe-Marbois,* for whom, twenty-six years before, he had compiled his Notes on Virginia—a gentleman ten years resident at Philadelphia, where he married the daughter of a Governor of Pennsylvania. The other Minister had served in America under Rochambeau during the Revolutionary war.

"'I know,' said the First Consul, speaking with 'passion and vehemence,'-'I know the full value of Louisiana, and I have been desirous of repairing the fault of the French negotiator who abandoned it in 1763. A few lines of a treaty have restored it to me, and I have scarcely recovered it when I must expect to lose it. But if it escapes from me, it shall one day cost dearer to those who oblige me to strip myself of it than to those to whom I wish to deliver it. The English have successively taken from France Canada, Cape Breton, Newfoundland, Nova Scotia, and the richest portions of Asia. They shall not have the Mississippi, which they covet. I have not a moment to lose in putting it out of their reach: I think of ceding it to the United States. I can scarcely say that I cede it to them, for it is not yet in our possession. If, however, I leave the least time to our enemies, I shall only transmit an empty title to those republicans whose friendship I seek. They only ask of me one town in Louisiana: but I already consider the colony as entirely lost; and it appears to me that in the hands of this growing power it will be more useful to the policy and even to the commerce of France, than if I should attempt to keep it.""

The next morning Bonaparte resumed the conversation:

***Irresolution and deliberation,' he said, 'are no longer in reason. I renounce Louisiana. It is not only New Orleans that I will cede; it is the whole colony, without any reservation. I renounce it with the greatest regret. To attempt obstinately to retain it would be folly. I direct you to negotiate this affair with the envoys of the United States. Do not even await the arrival of Mr. Monroe; have an interview this very day with Mr. Livingston. But I require a great deal of money for this war, and I would not like to commence it with new contributions. If I should regulate my terms according to the value of those vast regions to the United States, the indemnity would have no limits. I will be moderate, in consideration of the necessity in which I am of making a sale. But keep this to yourself. I want fifty millions of franes, and for less than that sum I will not treat; I would rather make a desperate attempt to keep those fine countries. To-morrow you shall have your full powers.'"

APRIL 30.-Treaty concluded at Paris between the United States and the French republic. France cedes Louisiana to the United States. Treaty negotiated by Robert R. Livingston, James Monroe, and Barbe-Marbois. The following is copied from the treaty:

"ARTICLE 1. Whereas, by the article the third of the treaty concluded at St. Ildefonso, the first of October, 1800, between the First Consul of the French Republic and his Catholic Majesty, it was agreed as follows: 'His Catholic Majesty agrees and engages on his part, to retrocede to the French Republic, six months after the full and entire execution of the conditions and stipulations herein relative to his Royal Highness the Duke of Parma, the colony or province of Louisiana, with the same extent that it now has in the hands of Spain, and that it had when France possessed it, and such as it should be after the treaties subsequently entered into between Spain and other states;' and whereas, in pursuance of the treaty, and particularly of the third article, the French Republic has an incontestable title to the domain and to the possession of the said territory: The First Consul of the French Republic, desiring to give to the United States a strong proof of his friendship, doth hereby cede to the said United States, in the name of the French Republic, forever and in full sovereignty, the said territory,

*MARBOIS had been Secretary to the French embassy in America, and was now at the head of the French treasury.

with all its rights and appurtenances, as fully and in the same manner as they have been acquired by the French Republic in virtue of the above-mentioned treaty, concluded with his Catholic Majesty.

"ART. 4. There shall be sent by the Government of France a commissary to Louisiana, to the end that he do every act necessary, as well to receive from the officers of his Catholic Majesty [the King of Spain] the said country and its dependencies, in the name of the French Republic, if it has not been already done, as to transmit it, in the name of the French Republic, to the commissary or agent of the United States."

Two conventions, regulating the payment of the consideration, bear the date of the treaty of cession. The first stipulates that the payment of the sixty million livres shall be made in six per cent. stock of the United States, to the amount of $11,250,000. Under the second convention, the claims of citizens of the United States on France are to be paid at the American treasury, to the amount of $3,750,000.

The following is copied from the "Land Laws," compiled in virtue of a resolution of Congress, of April 27, 1810:

"By the grant of Louis XIV. to Crozat, dated 14th September, 1712, all the country drained by the waters emptying directly or indirectly into the Mississippi, is included within the boundaries of Louisiana."

66 'East of the Mississippi, the United States claim, by virtue of the treaty of 1803, all the territory south of the thirty-first degree of north latitude, and extending eastwardly to the small river Perdido, which lies between Mobile and Pensacola, and was, when Louisiana formerly belonged to France, the boundary between that colony and the Spanish province of Florida. That territory, together with the residue of Louisiana east of the Mississippi, was, by the treaty of 1763, ceded by France to Great Britain, who, by the same treaty, acquired also Spanish Florida. The preliminary articles of that treaty were signed on the third day of November, 1762; and, on the same day, France, by a separate act, ceded to Spain all the residue of Louisiana west of the Mississippi, and including the city and island (so called) of New Orleans. By the treaties of 1783, Great Britain ceded to the United States all that part of the former colony of Louisiana east of the Mississippi which lay north of the thirty-first degree of north latitude; and to Spain, under the name of West and East Florida, both that part of Louisiana east of the Mississippi which lay south of that parallel of latitude, and the old Spanish province of Florida. The thirty-first degree of latitude was, by the subsequent treaty of 1795, between the United States and Spain, confirmed as the boundary between the possessions of the two nations. The title of the United States to the territory in question, under the treaties of St. Ildefonso, and of 1803, is fully established by those facts."

The province of Louisiana thus purchased comprised 1,160,577 square miles. The whole domain of the original thirteen Colonies was only 820,680 square miles. The amount ultimately paid by the United States, in principal and interest, was more than $23,500,000.

Parton says:

"Bonaparte was so well pleased with the bargain that he gave M. Marbois 192,000 francs of the proceeds. Sixty millions, he said, was a pretty good price for a province of which he had not taken possession, and might not be able to retain twenty-four hours. He also said: 'This accession of territory strengthens forever the power of the United States, and I have just given to England a maritime rival that will sooner or later humble her pride.' Strange to relate, the British Government expressed approval

of the cession.

"One consideration embarrassed the President amid the relief and triumph of this peaceful solution of a problem so alarming. He, a strict constructionist, had done an act unauthorized by the constitution. He owned and justified it thus: 'The constitution has made no provision for our holding foreign territory, still less for incorporating foreign nations into our Union. The Executive, in seizing the fugitive occurrence

which so much advances the good of their country, have done an act beyond the constitution. The legislature, in casting behind them metaphysical subtleties, and risking themselves like faithful servants, must ratify and pay for it, and throw themselves on their country for doing for them unauthorized what we know they would have done for themselves, had they been in a situation to do it. It is the case of a guardian, investing the money of his ward in purchasing an important adjacent territory, and saying to him when of age: I did this for your good; I pretend to no right to bind you; you may disavow me, and I must get out of the scrape as I can: I thought it my duty to risk myself for you. But we shall not be disavowed by the nation, and their act of indemnity will confirm and not weaken the constitution, by more strongly marking out its lines.' He proposed that the case should be met by an additional article to the constitution."

Parton fails to quote the following, which Jefferson wrote to his Attorney General:

"The less that is said about any constitutional difficulty, the better. Congress should do what is necessary in silence. I find but one opinion about the necessity of shutting up the constitution for some time."

OCTOBER 20.-A session of Congress, called by the President, met October 17. On the 20th, the Senate ratified the treaty and conventions. Ratifications were exchanged, and the bargain became complete.

OCTOBER 31.-Act of Congress authorizing the President "to take possession of the territories ceded by France to the United States," and "for the temporary government thereof." By this act the government is “vested in such person and persons," and "exercised in such manner as the President of the United States shall direct."

NOVEMBER 10.-Two acts providing for the payment of the fifteen million dollars to France were approved.

NOVEMBER 30.-Laussat takes possession of Louisiana. Casa Calvo and Salcedo, the Spanish commissioners, present to him the keys of the city, over which the tri-color flag floated but for the short space of twenty days. DECEMBER 20.-Formal delivery of the island and city of Orleans made by citizen Laussat, as commissioner of France, to General Wilkinson and C. C. Claiborne, commissioners on the part of the United States. Claiborne had been commissioned by Congress "to the supreme and sole government of the new province." The star-spangled banner supplants the tri-color of



MARCH 10.-The United States authority in Missouri dates from the 10th day of March, 1804. On that day Major Amos Stoddard assumed the duties of Governor of Upper Louisiana.

MARCH 26.-Act of Congress erecting Louisiana into the Territory of Orleans and the District of Louisiana. The division line was the southern boundary of Mississippi Territory and the thirty-third degree of latitude.

"The executive power now vested in the Governor of the Indiana Territory shall extend to and be exercised in the said District of Louisiana. The Governor and Judges of the Indiana territory shall have power to establish in the said District of Louisiana inferior courts, and prescribe their jurisdiction and duties, and to make all laws which they may deem conducive to the good government of the inhabitants thereof."

The following is copied from vol. I, p. 575, U. S. Census Report, 1870: "By act of March 26, 1804, to take effect October 1, 1804, (the act dividing the 'Province of Louisiana,' ceded by France, into the Territory of Orleans and the District of

Louisiana,) the District of Louisiana, being all of the French cession west of the Mississippi river, except the present State of Louisiana, was committed to the government of the officers of the Territory of Indiana."

MAY 14.--The expedition of Lewis and Clarke leaves St. Louis.
Parton says of Jefferson:

"How eagerly he availed himself of his opportunities for increasing the sum of knowledge, his letters exhibit, and the fact is part of the history of that age. It was hie thought that sent Meriwether Lewis and William Clarke up the Missouri to its sources in the Rocky Mountains, across those mountains to the Columbia river, and down the Columbia until huge waves, rolling in from the ocean and tossing high their light canoes, notified them that they had reached the Pacific. Counting from the time when Captain John Smith sailed up the Chickahominy in search of the South Sea, the world had waited two hundred years for this exploration. Never was a piece of work of that kind better done or better chronicled, for it was Jefferson who selected the two heroes that conducted it. Captain Lewis was the son of one of his most valued Albemarle neighbors. Lieutenant Clarke was the brother of that General George Rogers Clarke who held back the Indians from joining in the war of the Revolution; and both of them were such masters of all frontier arts that the perilous expedition of two years, four months and ten days was one joyous holiday excursion to them. Returning to St. Louis laden with spoils and trophies, Captain Lewis, besides his journals and other official results, sends off exultingly to the President 'sixty-seven specimens of earths, salts and minerals, and sixty specimens of plants.' It was Jefferson, too, who set on foot the two exploring expeditions of Lieutenant Zebulon Montgomery Pike, whose name lives in that of the peak which he discovered, and in those of ten counties of the United States. Pike was the first American who explored the upper Mississippi beyond the Falls of St. Anthony, noting the sites of the cities now rising on its banks, and shaking hands on the way with 'Monsieur Dubuque,' who was working the lead mines and lording it over a wide domain. Lieut. Pike was the first American to explore the valley of the Arkansas. He said truly, in one of his letters, that the regions which he had traversed were little more known to the world than the wilds in the interior of Africa. In seventy years we behold them populous, and more familiar to our knowledge than the next county."

-Governor Wm. H. Harrison, of Indiana, arrived in St. Louis. Having learned the wants of the people, he returned, and, with the Judges of the Territory of Indiana, passed such acts as were deemed necessary for the new District.

OCTOBER 1.-The Governor and Judges of Indiana Territory enact the following laws for the District of Louisiana: Providing for punishing crimes; establishing justices' courts; a law respecting slaves [the Ordinance of 1787 was not allowed to come over from Indiana]; a law regulating county taxes; one regulating the militia; one establishing recorders' offices; one relating to attorneys; one on constables; one on boatmen; one on defalcation; one regulating court practice; one establishing a court of probate; one establishing courts of judicature; one regulating the oath of office; and one establishing the office of sheriff. They also, April 24, 1805, enacted a law regulating marriages.

Saint Vincennes, on the Wabash, the seat of government of Indiana Territory.

By a treaty made at St. Louis, the Foxes and Sacs were united into one tribe. They ceded all their land east of the Mississippi to the United States. The Fox Indians, or Ottigamies, are a tribe of the Algonquin nations, belonging to the Western group, with the Sacs, Miamis and others. They formerly lived at the south end of Green bay, Wisconsin. In 1825,

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