USA > Louisiana > Documentary history of the cession of Louisiana to the United States till it became an American province; with an appendix; > Part 2
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April 10, 1803, after having attended the solemnities of Easter services, Napoleon called together his two principal ministers, and declared to them in plain terms his determina- tion to cede Louisiana to the United States, and after a long rehearsal of the political conditions of England and France, he said : "Irresolution and deliberation are no longer in sea- son. 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.
I direct you to negotiate this affair with the envoys of the United States. Do not await the arrival of Mr. Monroe, but have an interview this very day with Mr. Livingston." The plenipotentiary then by way of getting further instructions asked of Bonaparte, whether the rights of sovereignty were to be considered in the cession, to which Bonaparte replied, "You are giving me in all its perfection the ideology of the laws of nature and nations; but I require money to make war on the richest nation in the world. Send your maxims to London. I am sure they will be greatly admired there; and yet, no great attention is paid to them when the question is the occupation of the finest regions of Asia. Perhaps it will also be objected to me that the Americans may be found too powerful for Europe in two or three centuries; but my fore- sight does not embrace such remote fears. Besides, we may hereafter expect to hear of rivalries among the members of that union. The confederations that are called perpetual only last till one of the contracting parties finds it to his interest to break them,* and it is to prevent the danger to which the colossal power of England exposes us that I will provide a remedy." Napoleon was fully aware that the cabinet at Washington did not know of his willingness to sell the whole
*This prophecy was fulfilled when the Rebellion of the Southern States came in 1861.
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province of Louisiana, and he seemed to be well aware that Mr. Monroe must have secret instructions from his govern- ment, and authority to use his own discretion, as to unexpected points that might arise in the course of the negotiations. In this premise Napoleon had a just conception of the entire case at issue.
The conferences between Mr. Livingston and M. Barbé Marbois, to whom Napoleon had confided the negotiations, be- gan immediately; but Mr. Livingston had not received his in- structions-naturally cautious, he became suspicious that the pretension to cede Louisiana to the United States was an artifice to lull his country into an ill founded security, while the French were making preparations to defend Louisiana. It was too good to be true, as he thought, when M. Marbois made a propo- sition to him for a cession of the whole province. At the be- ginning of these preliminary discussions, news came that Mr. Monroe had arrived at Havre, when Mr. Livingston at once wrote him the following letter :
"PARIS, April 10, 1803.
"Dear Sir: I congratulate you on your safe arrival. We have long and anxiously wished for you. God grant that your mission may answer yours and the public expectation. War may do something for us; nothing else would. I have paved the way for you, and if you could add to my memoirs an as- surance that we were now in possession of New Orleans, we should do well. I have apprised the minister of your arrival, and told him you would be here on Tuesday or Wednesday. Present my compliments and Mrs. L.'s to Mrs. Monroc, and believe me, dear sir,
"Your friend and humble servant,
"ROBERT R. LIVINGSTON. "To his Excellency James Monroe."
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Mr. Monroe arrived in Paris on the 12th of April and im- mediately held a conference with his colleague Mr. Living- ston, finding him still anxious with doubt and misgiving. These two distinguished men enjoyed a mutual friendship and confidence perfected by years of labor in one common cause, the Independence of the United States. Mr. Monroe's arrival at Paris had aroused the suspicions of the English Ambassador, although the object of his arrival could not positively be known at London until the resolutions of the American Congress became public.
M. Marbois had been much interested in American Inde- pendence, having resided in Philadelphia during the progres- sive steps that brought it about, assisting the cause by every means in his power, in doing which he acted on the principles of the Treaty of Alliance of 1778, between United States and France. Both Mr. Livingston and Mr. Monroe were well ac- quainted with him. Here we behold three negotiators acting together to bring about one of the most important treaties that the United States ever entered into with a foreign power, with the single exception of the treaty of 1783, at Paris, which sheathed the sword of the American Revolution. M. de Mar- bois opened these negotiations by proposing to CEDE THE EN- TIRE TERRITORY TO THE UNITED STATES, instead of the territory south of the parallel of 31 degrees which contained New Or- leans, the latter being all that Mr. Jefferson had expected ; and even the cession of that had been considered a matter of great uncertainty. This offer on the part of M. de Marbois was a most agreeable surprise to the American negotiators. As the deliberations were continued, all doubts as to the good faith of Napoleon in this transaction vanished. While Mar- bois' proposition broadened the arena in which the American negotiators were unexpectedly to act, a new perplexity was thrust upon them. It was impossible for them to get farther
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instructions from their government, while it was necessary to act promptly, as delay might defeat their whole plan. The Treaty of Amiens might be broken at any day by England, in which case an English fleet might sail up the Mississippi river, take New Orleans, and thereby secure Louisiana to the British Crown, against which attack the Americans were defenseless. Spain was still in possession of New Orleans. The Treaty by which she had ceded it to France two years before being a secret Treaty, a formal transfer of this territory from Spain to France had never been made, the better to preserve this secrecy. Meantime the American negotiators were well aware that inasmuch as Spain might protest against the transfer of it to France by the United States, it was quite possible that Spain might refuse to surrender the territory in question to the United States. In this exigency the American negotiators took upon themselves responsibilities unknown and unpracticed by pleni- potentiaries acting for their government. Nothing definite as to the western limits of Louisiana could be arrived at, but the negotiators on each side agreed to leave such limits to be- decided in the future, using only the general expressions, that the boundaries of the province should be the same as existed in former transfers between Spain and France. The great issue at stake, and points to be settled, were harmoniously made by the negotiators on both sides, without providing for incidents that might arise in the practical fulfillment of the- Treaty, and April 30, 1803, each of them signed it with a genuine feeling of good fellowship towards each other, as. well as with a consciousness that they had served the best in- terests of the two nations which they represented. This done, they all arose and shook hands, when Mr. Livingston said : "We have lived long, but this is the noblest work of our whole- lives. The treaty which we have just signed has not been ob- tained by art or dictated by force ; equally advantageous to the
பரம எதிரொக்கம். அனைவரிப்ப பீஸ் தல், கர், அதுவிஷக் சிங்கே
النصاب بعض
Barbi martis
के
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two contracting parties, it will change vast solitudes into flour- ishing districts. From this day the United States take their place among the powers of the first rank. The English lose all exclusive influence in the affairs of America.
But if wars are inevitable, France will hereafter have in the New World, a natural friend." The English Government did not suspect that a cession of the United States had been made; and they did not know that Spain had ceded Louisiana to the French two years before, owing to the well kept secrecy as to the terms of the treaty of San Ildefonso. Four days after the signing of the Louisiana Treaty, Napoleon made a demand upon the British Government that the Independence of the Island of Malta should be guaranteed by Austria, Russia and Prussia, the allies of England ; an issue which had been pend- ing between France and England a long time. "If this pro- posal is rejected," said Bonaparte, "it is manifest that England has never wished to execute the Treaty of Amiens." On the 22nd of May, less than a month after the signing of the Treaty, England commenced hostilities by the capture of some French merchantmen. On the same day Bonaparte ratified the Louisiana Treaty of Cession, as it was important that this formality should take place on the part of France, in order to leave no ground for considering Louisiana as still French. When the English Ministers had been informed of the object of Mr. Monroe's mission (previous to the publication of the treaty), they made a proposition to Rufus King, the American Envoy at London, to the effect that they take the province of Louisiana with the concurrence of the United States, in which case Mr. King was given to understand that if his government gave its consent to this design the province should be retro- ceded to the United States after having been taken from France. Of course, such a proposition was rejected, nor was it necessary to state the reason why. Soon after this the
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British Government were officially informed by the United States of the ceding of Louisiana by treaty, when Lord Hawkesbury gave a satisfactory answer respecting the ces- sion. The treaties were forwarded to Washington for ratifica- tion, arriving there July 4, 1803. M. Pichon, the chargé d'affaires of France, had orders to transmit them to M. Laus- sat, the prefect of the Province of Louisiana. Meantime the Spanish Minister at Washington stated that he had orders from his government to warn the United States against the ratification of the treaties, on the ground that France had con- tracted an engagement with Spain not to cede it to any other power without the consent of Spain.
Pending these attempts on the part of Spanish officials to prevent the consummation of the treaty, President Jefferson called an extra session of Congress, which was opened on the 17th of October. Measures were immediately taken to justify and carry into effect the treaty, but not without some opposi- tion. No provision had ever been made by the Constitution of the United States for accession of territory, notwithstand- ing which the Senate approved the treaties by a vote of 24 against 7. President Jefferson ratified the treaty October 21, 1803. The House of Representatives, after some opposition, concurred. This prompt and hasty action of President Jeffer- son was not consistent with his intense democratic convictions. But the end justified the means. Imperialism could hardly have taken a greater responsibility than President Jefferson was obliged to take for the general welfare of the nation, and any opposition that either England or Spain could make would
- have caused a war with the United States, a result which neither of these powers dared to face in the unsettled condi- tion of Europe at that time.
This firm action on the part of the American Congress had its effect upon Spain, who did not dare to take the respon-
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sibility of arousing the war sentiment of Europe. Accord- ingly, a few months later, the King of Spain instructed his Minister as follows :
"EXTRACT FROM A LETTER WRITTEN BY DON PEDRO DEVAL- LOS, MINISTER OF STATE OF HIS CATHOLICK MAJESTY, TO CHARLES PINCKNEY, ESQ., DATED AT THE PRADO, FEBRUARY 10, 1804.
"At the same time that the Minister of His Majesty in the United States is charged to inform the American Gov- ernment respecting the falsity of the rumour referred to, he has likewise orders to renounce his opposition to the alienation of Louisiana, made by France, notwithstanding the solid reasons on which it is founded; thereby giving a new proof of his benevolence and friendship towards the United States." "COPY OF A LETTER FROM THE MARQUIS OF CASA YRUJO TO THE SECRETARY OF STATE.
"Sir: The explanation which the Government of France has given to His Catholick Majesty concerning the sale of Louisiana to the United States, and the amicable dis- position on the part of the King my master toward these States, have determined him to abandon the opposition, which at a prior period, and with the most substantial motives, he had manifested against that transaction. In consequence and by special order of His Majesty I have the pleasure to com- municate to you his royal intentions on an affair so important ; well persuaded that the American Government will see, in this conduct of the King my master, a new proof of his con- sideration for the United States, and that they will corre- spond with a true reciprocity, with the sincere friendship of the King, of which he has given so many proofs.
"God preserve you many years.
"Philadelphia, 15th May. 1804.
"TO JAMES MADISON, ESQ."
.
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President Jefferson and the two Houses of Congress now ordered that the laws of the United States should be proclaimed and executed in the ceded province of Louisi- ana. Before this could be done it was necessary that Spain should formally cede the province to France, and that France in turn should cede the same to the United States. On the 30th of November, M. Laussat, commissioner of the French Government, at New Orleans, announced a proclama- tion to the Louisianians, as follows : "The approach of a war which threatens the four quarters of the world has given a new direction to the beneficent views of France towards Louisiana. She has ceded it to the United States of America. The treaty secures to you all the advantages and immunities of citizens of the United States. May a Louisian- ian and a Frenchman never meet now or hereafter in any part of the world, without feeling sentiments of affection, and with- out being mutually disposed to call one another brothers." On the same day the Spanish troops and militia were drawn up in front of the City Hall in New Orleans. The French and Spanish commissioners came to the place, followed by a pro- cession of the citizens of their respective nations. Three chairs were arranged in the Council Chamber, the Spanish Minister occupying the middle one, when the French Minister presented to him the decree of October 15, 1802, by which the King of Spain ordered his representative to deliver the colony to the French plenipotentiary. Next the French Minister pro- duced the authority of Napoleon to take possession of the country in the name of the French people. After these for- malities the Spanish Governor, leaving his seat, delivered to the French commissioner the keys of the city. The citizens of Louisiana, who wished to remain in the province, were then absolved from their oath of fidelity to the Spanish King. A signal was then given by the firing of cannon, when the Span-
5
:
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ish colors were lowered and the French hoisted. The French sovereignty lasted from the 30th of November to the 20th of December. This change of nationality and government was not well understood, especially in the rural districts along the river, and it was only by action on the part of M. Laussat, the French Governor, that anarchy was prevented. The United States had taken the precaution to send a detachment of soldiers un- der the command of General Wilkinson, to take a position on the 17th and 18th of December, on the bank of the Mississippi river, just above New Orleans. On the 20th of December, on the day appointed for the delivery of the colony to the United States, M. Laussat, the French Governor, accompanied by a numerous retine, went to the City Hall, where he introduced the American troops into the Capital. M. Claiborne, the American Governor of Mississippi, and General Wilkinson, were received in the City Hall and placed on the two sides of the French prefect, when the Treaty of Cession, the respective powers of the commissioners and the certificate of the exchange of ratifications were read, M. Laussat pronouncing these words: "In conformity with the Treaty, I put the United States in possession of Louisiana and its dependencies. The citizens and inhabitants who wish to remain here, and obey the laws, are from this moment exonerated from the oath of fidel- ity to the French Republic."
During the twenty days of French sovereignty, the French flag had been displayed from the City Hall, where it had been beheld by French citizens with a homage, patriotism and affec- tion that always must command the respect of every person, to whatsoever nation he owes allegiance. When the change of flags came the United States flag was raised, while at the same instant the French flag was lowered; and when they met mid- way, both were kept stationary for a few instants, while the artillery and trumpets celebrated the union to emblematize the
--
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harmony between the two nations as the one resigned its au- thority and the other assumed its authority over the Province of Louisiana. Next, the flag of the United States rose to its full height. The Americans shouted with joy; the colors of the French Republic were lowered and received in the arms of the French, who had guarded them, while their regrets were openly expressed ; and to render a last token of homage to their flag, the French sergeant-major wrapped it around his body as a scarf, and ornate with its folds, traversed the principal streets of the city till he came to the house of the French com- missioner. A troop of French patriots accompanied him and were saluted in passing before the American lines, who pre- sented arms to them as a token of respect. When M. Laussat received the flag that had been wrapped around the body of the sergeant-major, the latter said to him: "It is into your hands that we deposit this symbol of the tie which has tran- siently connected us with France. We deposit it with you as the last proof of our affection." M. Laussat replied, "May the prosperity of Louisiana be eternal."
Mr. Claiborne, the American commissioner who admin- istered the government, now issued a proclamation guarantee- ing to the inhabitants religious, civil and private rights. Dur- ing these ceremonials the Spanish, French and American offi- cials had neglected nothing to maintain harmony between the three nations.
The conditions which had brought about this immense ac- cession to the territorial growth and wealth and power to the United States were dramatic. The power of the British na- tion was the basic foundation for the whole. This power had been the means of dispossessing the French of the Island of Santo Domingo, which Bonaparte had intended as a base of operations wherewith to make invulnerable his defenses of the Province of Louisiana. But there was a limit to Bonaparte's
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ambition, and it is not strange that knowing he could not re- tain Louisiana, he took effective measures to secure it to the United States, who had never been his enemy, and from whom he had a reasonable assurance of friendship. England had boasted that she had but one enemy in France, and that enemy was General Bonaparte, which title she always gave him, in- stead of His Majesty, the Emperor.
There was a law of nature that made it inevitable that the entire territory intervening between the Louisiana Province and the Pacific coast, must ultimately fall into the hands of the possessors of Louisiana. Had the English possessed this province, it meant in quick succession the whole country be- tween the Mississippi river and the Pacific ocean.
Though the English conquered Napoleon at last, at Wa- terloo, this victory was a small offset for having been deprived of an empire larger than the United States, and making its power transcendent on the continent of America.
The friendship between the United States and England, commendable as it is universal, is the result of commercial af- finity. The friendship between the United States and the French, only in part from commercial affinity, is abiding and permanent, because, that it was through her assistance, first, that we gained our Independence, and next that our domain extends from the Atlantic to the Pacific, which must ultimately assure the verification of Napoleon Bonaparte's prophecy.
TREATY BETWEEN THE FRENCH REPUBLIC AND THE UNITED STATES, CONCERNING THE CESSION OF LOUISIANA, SIGNED AT PARIS THE BOTH OF APRIL, 1803.
The President of the United States of America, and the First Consul of the French Republic, in the name of the French people, desiring to remove all source of misunderstanding rela- tive to objects of discussion, mentioned in the second and fifth articles of the convention of the Eighth Vendemiaire, an 9
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(30th of September, 1800), relative to the rights claimed by the United States, in virtue of the treaty concluded at Madrid the 27th of October, 1795, between His Catholic Majesty and the United States, and willing to strengthen the union and friendship which, at the time of the said convention, was happily re-established between the two nations, have respect- ively named their plenipotentiaries; to wit, the President of the United States of America, by and with the advice and consent of the Senate of the said States, Robert R. Livingston, minister plenipotentiary of the United States, and James Mon- roe, minister plenipotentiary and envoy extraordinary of the said States, near the government of the French Republic; and the First Consul, in the name of the French people, the French citizen Barbé Marbois, minister of the public treasury, who, after having respectively exchanged their full powers, have agreed to the following articles :
ARTICLE I.
Whereas, by the article the third of the treaty concluded at San Ildefonso, the 9th Vendemiaire, an 9 ( Ist October, 1800), between the First Consul of the French Republic and His Catholic Majesty, it was agreed as follows: "His Catho- lic Majesty promises 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 pur- suance 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
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strong proof of his friendship, doth hereby cede to the said , United States, in the name of the French Republic, for ever and ' in full sovereignty, the said territory, with all its rights and appurtenances, as fully and in the same manner as they had been acquired by the French Republic in virtue of the above mentioned treaty concluded with His Catholic Majesty.
ARTICLE II.
In the cession made by the preceding article are included the adjacent islands belonging to Louisiana, all public lots and squares, vacant lands, and all public buildings, fortifications. barracks, and other edifices which are not private property. The archives, papers, and documents, relative to the domain and sovereignty of Louisiana and its dependencies, will be left in the possession of the commissaries of the United States, and copies will be afterwards given in due form to the magistrates and municipal officers of such of the said papers and docu- ments as may be necessary to them.
ARTICLE III.
The inhabitants of the ceded territory shall be incorpo- rated in the Union of the United States, and admitted as soon as possible, according to the principles of the federal Constitu- tion, to the enjoyments of all the rights, advantages, and in- miunities of citizens of the United States; and in the meantime they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.
ARTICLE IV.
There shall be sent by the Government of France a com- missary to Louisiana, to the end that he do every act neces- sary, as well to receive from the officers of his Catholic Majesty 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 commis- sary or agent of the United States.
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ARTICLE V.
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