USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. II > Part 1
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Go 977 G62p v. 2 1949952
M. L.
REYNOLDS HISTORICAL GENEALOGY COLLECTION
ALLEN COUNTY PUBLIC LIBRARY 3 1833 01715 3591
4375
THE
Province and the States
A HISTORY OF THE PROVINCE OF LOUISIANA UNDER FRANCE AND SPAIN, AND OF THE TERRITORIES AND STATES OF THE UNITED STATES FORMED THEREFROM
IN SEVEN VOLUMES
ILLUSTRATED WITH NUMEROUS MAPS AND PORTRAITS
Public Library
AUG6
1964
Dallas, Texas
Weston Arthur Goodspeed, LL. B.
Editor-in-Chief
VOL. II
V. 2
MADISON, WIS.
THE WESTERN HISTORICAL ASSOCIATION
190.1.
1949952
COPYRIGHT, 1904, BY THE 1
WESTERN HISTORICAL ASSOCIATION MADISON, WIS.
Press of the Democrul 'Unting Co., Madison, W'la.
Table of Contents
CHAPTER I.
NAVIGATION OF THE MISSISSIPPI, 1763-1783-Contentions over the Ohio Valley-Results of the Treaty of Utrecht-Iroquois Domains-French Plan a Chain of Forts-Changes Made by Seven Years War-The Family Compact-France Crushed- Spain's Losses-Louisiana Divided-Treaty of Fontainebleau -Secret Cession of Louisiana-Extracts from Treaties- English Accessions-Proclamation of King George-West Florida-Revolutionary War-Proposition to Spain-Naviga- tion of the Mississippi-France Assists America-Spain Reluctant-Intrigues-Negotiations - Spain Demands Exclu- sive Navigation of Mississippi-Congress Partly Yields, but Finally Refuses-Fears of Spain-She Conquers West Flor- ida-Results of the Revolution
PAGES
17-67
CHAPTER II.
NAVIGATION OF THE MISSISSIPPI, 1783-1799-Views of Aranda- Spain Claims to the Alleghanies-Claim Denied by United States-Negotiations-Spain Withdraws Claim-The Yazoo Boundary-English Right to Navigate the Mississippi-The Natchez District -- Restrictions of Trade-Confiscation of American Products-Western Settlers Roused-Wilkinson's Schemes-Spanish Intrigues-American Contentions-Treaty with Spain, 1795-Boundary on Thirty-first Parallel-United States to Navigate the Mississippi -- Spain Holds Posts-Can- ada to Attack Louisiana-Struggle at Natchez-Western Peo- ple Intrigue-Bitterness of France and Spain
68-103
CHAPTER III.
TREATY OF RETROCESSION, 1800-The Early Attempts of France to Secure Louisiana-She Claimed West Florida -- The Claim Denied by Spain-Napoleon's Efforts-Spain Delays Ratifica- tion of Retrocessione . Louisiana Delivered to France- Text of
612144874 1.
1
13
TABLE OF CONTENTS.
PAGES
Treaty of Retrocession-United States Opposes Retrocession -Efforts to Keep France from Taking Possession-England Desires Louisiana-Struggles of Mr. Livingston-He Offers to Buy Florida-Also Part of Louisiana-Napoleon's Designs -Jefferson Threatens-French Troops to be Sent Over- Congress Contemplates Taking Possession-Offers to Spain- Cession to United States Settles Differences.
104-141
CHAPTER IV.
INTERDICTION OF DEPOSITS-Growth of Trade-Deposits at New Orleans-Violations of Spanish Policy-French Influences Ascendant-The Interdiction-Western People Indignant- Memorials-The Ross Resolutions in Congress-Question Debated-Forcible Measures Contemplated-Trade with Americans Forbidden-France Thought Responsible-Con- gress Acts-Secret Investigation-Napoleon's Designs-Spain not Interested-The Intendant Exonerated-United States Mistaken-Equivalent Establishment -- France had an Object -Spain Never Paid Damages
.
142-176
CHAPTER V.
CESSION TO THE UNITED STATES-War Certain Between France and England-Livingston's Arguments-Napoleon's Outburst to Lord Whitworth-France Fears America as Well as Eng- land-Whitworth's Version -Talleyrand's Tentative Offer - Livingston Openly Threatens-France in a Dilemma-West- ern People Anxious and Determined -Navigation of the Mis- sissippi Never to be Surrendered-Logie of the Situation- France Practically Forced to Sell- United States, Not Eng- land, Would Occupy Louisiana-Livingston Startled-Louisi- ana for Sale-Terms Agreed Upon-Momentous Events- Napoleon's Eccentricities-Astonishment of the American Envoys-Spain Protests-United States Takes Possession- Text of the Treaties
177-226
CHAPTER VI.
CONSTITUTIONALITY OF THE CESSION-Divergence of Opinion- Jefferson's Views-Cession Ratified by the President-Con- gress to Act-The Question Debated-Vote in the Senate- The Excuse for Opposition-East Hostile to West-Influence of Politics-Federalists and Anti-Federalists- Questions of Limits and Title-Proceedings in the House-Griswold's Res- olutions The Western People-Vole in the House-Opposi- tion Disappears --- Patriotism and Wisdom Triumph-Consti- tutionality Settled . Cession Accepted - Cost of the Province. 227-268
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TABLE OF CONTENTS.
CHAPTER VII.
FLORIDA AND TEXAS BOUNDARIES, 1803-1808-West Florida not Claimed at First-France's Title Thereto Not Good-Spain Protests-Views of Official,-Struggle of the Envoys-Con- tentions of Spain and of the United States-Hostilities Threatened-Attempts to Buy West Florida-District of Mobile-Language of the Treaty Discussed-Talleyrand's Dic- tum-Retrocession Explained-Crozat's Patent-Negotiations Inconclusive-Madison's Pous Asinorum-McMaster's View -The Sabine Affair-But's Conspiracy-Official Communi- cation Suspended
PAGES
269-317
CHAPTER VIII.
FLORIDA AND TEXAS BOUNDARIES, 1808-1821-Lawlessness in Florida Province-Its Independence Established-United States Takes Temporary Possession-Proceedings in Congress Rela- · tive Thereto-England Questions the Right-United States to Occupy East Florida-The Monroe Doctrine-War of 1812- Congress Authorizes Possession-West Florida Attached to Louisiana-War Ended-Spain Reopens Negotiations-Lim- its of Louisiana Purchase Again Discussed-Propositions Submitted-Revolutionary Expeditions - Jackson's Opera- tions-Fairness of the United States-Agreement Finally Reached-The Treaty of 1819-Florida and Texas Boundaries Settled-Views of Henry Clay et. al .- Spain Ratifies. ...... 318-365
CHAPTER IX.
NORTHERN BOUNDARY-Rival Colonial Claims-Pope's Bull-The Treaty of Utrecht-Forty- Ninth Parallel Assumed -- Results of the Seven Years War-Results of the Revolution-Source of the Mississippi-Jay's Treaty-Navigation of the Missis- sippi-Lake of the Woods -- Negotiations Unproductive- United States Gains Louisiana-Claims Expanded-England Obstinate-Influenced by Hudson's Bay Company-Fur Trade Desired-Negotiations Suspended-Rebuke of British Inso- lence-Treaty of Ghent-Propositions Resumed-Unfounded Demands of England-Forty-Ninth Parallel Finally Adopted -England Gains-Treaty of 1818-The Northwestern Bound- ary 366-405
CHAPTER X.
EIGHTH ARTICLE OF THE CESSION-Its Meaning-Footing of the Most Favored Nations- Contention of the French Minister --
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TABLE OF CONTENTS.
PAGES
Reply of the United States-An Imperfect Sovereignty- Negotiations Unavailing-Retaliatory and Countervailing Sys- tems-Indemnities Claimed by Both Nations-Diplomacy of Envoys-Mutual Concessions-Both Nations Abandon Claims for Indemnities-France Granted Commercial Advantages- Differences Settled
406-417
CHAPTER XI.
BOUNDARIES OF TERRITORIES AND STATES-Limits of the Louisiana Purchase Undetermined-Its Boundaries Finally Fixed- Territory of Orleans-Territory of Louisiana-State of Louisiana-West Florida-Missouri-Arkansas-Texas-Utah -Washington-Green County-The Platte Purchase-Iowa- The Missouri and lowa Boundary Dispute-Michigan-Wis- consin-Minnesota-Nebraska-Kansas-Colorado- Dakota - Idaho-Montana-Wyoming-Oklahoma - Western Territory -Indian Territory 418-482
.
Illustrations
PAGE
OLD MAPS OF LOUISIANA, 1703 AND 1746
. 64
·
OLD MAPS OF LOUISIANA, 1730 AND 1733
. I12
OLD MAPS OF LOUISIANA, 1718 AND 1753
· 160
OLD MAPS OF LOUISIANA, 1775 AND 1820
· 208
COXE'S MAP OF LOUISIANA, LOWER PART
256
CoxE's MAP OF LOUISIANA, UPPER PART
304
ADDITIONS TO THE UNITED STATES . ·
352
IOWA AND MISSOURI BOUNDARY DISPUTE .
. 448
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The Province and the States
CHAPTER
I
The Navigation of the Mississippi River, 1763-1783
T HE settled policy of jealousy and hostility between France and Great Britain had more to do with the fate of Louisi- ana prior to the acquisition of that provinge by the United States than any other canse. This hostility was first seriously revealed in America when the formation of the Ohio Company in England and the Atlantic colonies on or about the year 1749 and the grant to them of about six hundred thousand acres in the rich valley of the Ohio, "The Beautiful River," threat- ened the western extension of the English American colo- nies into the valuable territory claimed by the government of France. By treaty, England secured from the powerful Iro- quois domination over all their lands to the west ward ; and as they claimed to the Mississippi, particularly in the Ohio valley, Eng- land likewise claimed a westward extension to that river. The English under the youthful George Washington took possession of the present site of Pittsburg ; but were soon driven away by the French who made preparations to resist any advancement of the British to the westward of the Alleghany mountains. About this time Benjamin Franklin conceived the plan of the federa- tion of all the Atlantic colonies for their mutual protection and as a safeguard against French hostility ; but the plan was rejected
11-2
183
THE PROVINCE MIND THE STATES.
by the English ministry on the ground that it would render the colonies too strong for their probable subjection to the mother country."+ Early in 1755 war between France and England seemed inevitable. To avoid the conflict, the French cabinet pro posed the reciprocal evaluation of all the country between the river Ohio and the Alleghany mountains; but the English gov- ernment refused to consider this proposition for a moment. They claimed the whole country westward to the Wabash river at least and demanded the destruction of all the French settlements in the territory thus claimed. They farther demanded the neutral- ity of the great lakes, the demolition of all the French forts at Niagara and Lake Champlain, and the acknowledgment of British rights both to the northward and westward. These demands were deemed so extravagant by France that they were positively refused, although it was easily perceived that England desired war in order to secure Canada and although the French govern- ment, owing to the profligacy of the reign of Louis XV, desired peace "at almost any price."t
The occupation of the Mississippi valley by the English was proposed to Queen Anne, and might have been accomplished as the result of the second inter-colonial war; but apparently ling- land at that time did not press her advantages in the direction of securing the country to the West. The assembly of New York had addressed the queen on the subject of the importance of the Mississippi valley, lost their address was apparently unheeded. William Penn recommended that the colonial line should be extended to the St. Lawrence on the north and beyond the Mis- sissippi on the west. But other considerations seem to have influenced the English monarchs. At the conclusion of the treaty of Utrecht, all of the great west was left to France. The settlement on the Ilinois and the Mississippi might have been broken up by England as one of the legitimate results of this war, wherein that country seemed all powerful despite the destruction of the feet of AdmiralWalker. The treaty left the vital inter- colonial questions unsettled. The domains of the Iroquois, claimed by the English, were declared to extend westward to the Mississippi and northward to the Ottawa river. But the French settlements of the Mississippi valley were too strong an argument for the English statesmen to overcome. France retained both banks of the Mississippi.
* Secret Jououds of Foreign Affairs, Congress.
fullstory of France: Michelet.
19
-- -
E.IRLY N.IFIG.ITION OF THE MISSISSIPPI.
Hostilities were formally initiated by the dispatch of General Braddock and his forces to America in January, 1755. The designs of France had been to confine the English colonies to the territory eastward of the Alleghanies by a semi-circle of forts extending from the month of the river St. Lawrence westward through Canada, thence across the great lakes and on through the Ohio and the Mississippi valleys down to New Orleans. But the English were far from schutting the French exclusive claims to the valley of the Ohio as far westward at least as the Wabash and to the great lakes, and made preparations on a large scale to attack the French at four quarters along the northern and west- ern borders. Thus was begun the "Seven Years War," which ended with the treaty of Fontainebleau in 1762-3. The success of the English in securing far more than they had demanded, was due to that remarkable man, William Pitt. When the terms of the treaty were being debated by the British parliament, he declared they were far too lenient ; and although sick at the time was carried to the chamber, where, for three hours, he fought the treaty measures and declared that now was the time to despoil France of every colony she possessed.+
However, before the conclusion of peace, the famous "Family Compact" was signed at Paris on the 15th of August, 1761. This was a close and strict alliance between the governments of France and Spain, by which it was agreed that any Power that became the enemy of one should also be the enemy of the other ; that each should guarantee the possessions of the other to be sustained by the combined forces of the two countries; that, as a first assist- ance, the one of the two powers from which it was demanded should in three months place twelve ships and six frigates at the disposal of the other, besides twenty-four thousand troops if France should desire them and twelve thousand if Spain should desire them; that the operations of the war should be conducted by both in common or conjunction ; that any peace . secured should be only in common; that, in other words, . they should be allies in peace as well as in war; that at the conclusion of peace, when negotiations for mutual settlement were inaugurated, the advantages secured by one should be balanced against the losses of the other ; that the two monarchies should act in peace and war as a unit or one power ; and that there should be a complete confidence between them as to all alliances and negotiations f To this "Family Compact" was appended a
* Parliamentary Debates.
Narrative and Critical History of America: Winnot.
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1
1
20
THE PROVINCE AND THE STATES.
separate agreement to the effect that Spain should declare war against Great Britain May 1, 1702, unless peace should have been concluded prior to that date. As compensation for this action, Spain was promised in any event to receive Minorca when peace should be concluded. France and Spain, thus united, used every possible inducement for Portugal to join the alliance, even to the extent of threatened war and invasion, but to no avail. The com- act and the special agreement were both kept secret, though England learned much of their import soon afterward.
In reality Spain entered the war late in 1761. She had scarcely done so ere England began on every ocean and sea to prey upon her rich galleons and to fling powerful forces against her valuable colomal possessions. In the summer of 1762, Hlavana was cap- tured, by which Spain lost fifty million dollars' worth of property, besides nine ships of the line, Panama, St. Domingo, Florida and Louisiana were all seriously threatened, and doubtless would have fallen to the possession of England had the war continued.' Spain had entered the war too late to be of any material assistance to France, but just in season to suffer almost irreparable losses herself. The preliminaries of peace were concluded in Septem- ber, 1762, but had been delayed for two months or more by the obstinacy of the Marquis de Grimaldi. Had he not opposed some of the peace measures at such an expense of time, the loss of Cuba would have been avoided. In that event France would not have been required under the mandates of the "Family Compact" to code Louisiana to Spain; because, inasmuch as Louisiana was ceded to Spain to compensate her for the loss of Cuba, the neces- sity of such cession would not have arisen, had the Marquis de Grimaldi not delayed the treaty until Havana had fallen before the guns of the English. Thus the fate of Louisiana might have been altogether different had it not been for the obstinacy of the Marquis. However, as "one man's loss is another man's gain," the United States later profited munnensely by the stubbornness of the Spaniard. It should likewise be borne in mind that if France had not previously made the Wabash, Ilinois and Wisconsin valleys a dependency of Canada, the chances are that she would not have been required to code that territory to the English.t The latter conquered Canada during the war, and had therefore the right to demand all the dependencies of the province. But had those dependencies been a part of Louisiana, they could not
* History of England: Adolphits.
f History of Canada: Smith.
21
E.IRLY N.WIG.ITION OF THE MISSISSIPPI.
have made such a demand, and such territory would undoubtedly have remained in the possession of the French or been coded by her to the Spanish. That eventuality also might have seriously affected the transfer of Louisiana to the United States. Of such small circumstances is the complex fabric of civilization woven.
The Seven Years war crushed and humiliated France to an extraordinary degree. Her magnificent colonial domains in America were torn from her grasp. England had acquired all the country to the eastward of the Mississippi, a splendid conquest upon which could be built a beautiful and powerful principality for the English crown .? The historian Martin says of the results of the war, "A French colony, full of promise, unscathed by the sword of the enemy, the last relie of our continental empire in America, was ceded like a flock of sheep. When this unhappy agreement was made public, the cabinet of Versailles strove to appease public opinion, deeply irritated, by insinuating in its semi . official justifications, that Louisiana was threatened with the same fate as Canada and that it was abandoned only because it would have been impossible long to keep it. The Louisianians did not learn until the expiration of eighteen months, of the treaty that denationalized them. Their governor, M. d'Abbadie, died of sor- row. The grief was universal." But the dismay of France was occasioned by the strength and growth of Great Britain, her ancient and implacable enemy. Another such a war and France and Spain, it was seen, would become dependencies of the British crown. If the will of Mr. Pitt had prevailed in the English parliament when the terms of peace were discussed, both France and Spain would have suffered far more than they did. It was a lesson which the French people and the French ministry never forgot, and resulted in the reorganization of every department of the government.
The preliminary convention of peace was held at Fontainebleau on the 3d of November, 1762, on which occasion the Duke de Choiseul on the part of France and the Marquis de Grimaldi on the part of Spain, conchided the treaty by which Louisiana as far east as the Iberville ( Manshac) was ceded by France to Spain.t In a preliminary treaty on the same day France and Spain ceded all the territory possessed by them east of the Mis- sissippi and of the Iberville to Great Britain. This left the island of New Orleans and the town of New Orleans attached to .
. The Fall of New France: Huil.
t Senate Documents, 2d Session, 21d Congress,
1 !
,
?
22
THE PROVINCE IND THE STATES.
the territory west of the Mississippi. The cession of Louisiana above mentioned by France to Spain was conditioned upon the ratifications of the French and the Spanish sovereigns and was kept secret. While Great Britain and other nations may have been apprised of its nature, it was not printed in the United States until 1834, when it was obtained from the archives of France by members of congress to be used in settling con- troversies over Florida lands in the courts of the United States. However, it had been printed in England long before that date and a few copies bad found their way to America. This treaty was ratified by the King of Spain at San Lorenzo e! Real November 13, 1762, and by the King of France at Versailles November 23, 1762. The definitive treaty was signed by the ministers plenipotentiary of the two governments February 10, 1763. It should be noted that the preliminary treaty between Great Britain on one side and France and Spain on the other and the secret preliminary treaty between France and Spain were both signed at Fontainebleau on November 3, 1762. Previous to this time Louisiana had been considered to embrace territory on both sides of the Mississippi; but after this date the term "Louisiana" referred only to the country west of that river though it embraced the Island of New Orleans on the east side of the main channel. As both of the preliminary treaties above mentioned were signed at the same city and on the same day it is clear that, after it had been determined to cede all the country east of the Mississippi to Great Britain, Spain was compensated for her seerifices with the cession to her by France of the country west of the Mississippi, or with Louisiana proper, as it was afterward known.
Prior to these treaties, Louisiana in the possession of France extended to the Perdido on the Gulf, and stretching northward along the left bank of the Mississippi embraced a wide tract of country to the eastward of that stream known as "the Illinois Country" and finally joined Canada in the expanse of territory covered by the great lakes. The eastern boundary of Louisiana in the hands of France, except as to the Perdido on the Gulf, was undetermined. France claimed eastward on the upper Mis- sissipoi to the Alleghany mountains, but the British colonies claimed the Ohio valley and generally an extension westward to the Wabash or in some instances to the Mississippi. As a dis- pute afterward arose over what was meant by the term "Louisiana," it should be borne in mind that the Louisiana which Spain received at the treaty of 1762, was not the Louisiana which France possessed prior to that treaty, and that this double niean-
1 ! -
.
23
E.IRLY N.WIG.THION OF THE MISSISSIPPI.
ing or application of the term occasioned much of the subsequent dissension. The Louisiana received by Spain was bounded cast- ward by the Mississippi, the Iberville and the lakes Maurepas and Pontchartrain. The Louisiana possessed by France prior to 1762, was bounded on the Gulf to the eastward by the Perdido, but farther northward the boundary was undetermined, thoughi in the "Illinois Country" it stretched far enough eastward to join Canada, to which it was attached or appended. As a result of the Seven Years War Spam lost the country known as Florida, that is all east of the Perdido, to England, and also lost Minorca which has been promised her by France, it having been captured by the British navy.
The following paragraphs are extracts from the treaties of 1762 and 1763 :*
"The Most Christian King (of France), being firmly resolved to strengthen and perpetuate the bonds of tender amity which unite him to his cousin, the Catholic King (of Spain), proposes in consequence to act with his Catholic Majesty at all times and in all circumstances in a perfect uniformity of principles for the common glory of their house and the reciprocal interests of their kingdoms.
"With this view, his Most Christian Majesty, being fully sensi- ble of the sacrifices made by the Catholic King, in generously uniting with him for the restoration of peace, desires on this occasion to give him a proof of the strong interest which he takes in satisfying him and affording advantages to his crown.
"The Most Christian King has accordingly authorized his min- ister, the Duke de Choisent, to deliver to the Marquis de Grimaldi, the ambassador of the Catholic King, in the most authentic form, an act, whereby his Most Christian Majesty cedes in entire pos- session, purely and simply, without exception, to his Catholic Majesty and his successors, in perpetuity, all the country known under the name of Louisiana, as well as New Orleans and the island in which that place stands."
The language used "all the country known under the name of Louisiana" meant all of the province except what on the same day was ceded by France to Great Britain. It could have meant nothing else, because it was the understanding of the three powers at the time that England should get all the territory east of the Mississippi except the island of New Orleans, and because ling- . land proceeded to take possession of that part of Louisiana which
. Senide Documents, ed Session, 23d Congress.
.
2.4
THE PROVINCE AND THE STATES.
was bounded on the west by the Mississippi and the Iberville. Spain under the secret treaty took all of the remainder of Louisiana which extended eastward to the Mississippi and the Iberville ( Manshac ).
"Whereas, on the third day of the present month ( November 3, 17(2) the preliminaries of a peace were signed between the crowns of Spain and France on the one part and those of England and Portugal on the other, and the Most Christian King, my very dear and well-beloved cousin, purely from the nobleness of his heart and the love and friendship in which we live, thought proper to dispose that the Marquis de Grimaldi, my ambassador extraor- dinary near his royal person, and the Duke De Choiseul, his minister of state, shouldl on the same day sign a convention by which the crown of France ceded immediately to that of Spain the country known by the name of Louisiana, together with New Orleans and the island in which that city stands, and by which my said ambassador agrees to the cession only conditionally sub spe rati, as he is not furnished with orders to execute it absolutely :
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