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 22
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THE CESSION TO THE UNITED STATES.
untouched, as well as the rights of French citizens to the payment of debts due them.
"Art. V. Aside from the satisfaction of the claims specified in the preceding article, the Government of the United States agrees to pay to France the sum of one hundred million francs, in twelve equal installments, the term for each installment to he twelve months, and the payment of the first installment to be made a month after the present date.
"The present convention shall be ratified in good and due form, and the ratifications shall be exchanged within six months of the date of the signatures of the Ministers Plenipotentiary, or sooner if it is possible."
"Archives de Finance." "BY ORDER OF THE FIRST CONSUL."
"TREATY FOR THE CESSION OF LOUISIANA TO THE UNITED STATES ; "CONCLUDED APRIL 30, 1803 ; RATIFICATIONS EXCHANGED AT WASHI- INGTON OCTOBER 21, 1803; PROCLAIMED OCTOBER 21, 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 relative to objects of discussion mentioned in the second and fifth articles of the convention of the 8th Vendemiaire, an 9 (30th 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 said 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 respectively named their Plenipotentiaries, towit : the President of the United States, by and with the advice and consent of the Senate of the said States, Robert K. Living- ston, Minister Plenipotentiary of the United States, and James Monroc, 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, Citizen Francis Barbe 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 con- cluded at St. Ildefonso, the 9th Vandemiaire, an y (ist Oktober, 1800) between the First Consul of the French Republic and His Catholic Majesty, it was agreed as follows: 'This Catholic
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THE PROVINCE AND THE STATES.
Majesty promises and engages on his part, to cede 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 particu- larly of the third article, the French Republic has an incontestible 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, 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. ·
"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, fortifica- tions, 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 mu- nicipal officers of such of the said papers and documents as may be necessary to them.
"Article 111. The inhabitants of the coded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal con- stitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States; and in the mean time they shall be maintained and protected in the free enjoy- ment of their liberty, property and the religion which they pro. fess.
"Article IV. There shall be sent by the Government of France a Commissary 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 Commissary or Agent of the United States.
"Article V. Immediately after the ratification of the present
.
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THE CESSION TO THE UNITED STATES.
treaty by the President of the United States, and in case that of the First Consul shall have been previously obtained, the Com- missary of the French Republic shall remit all military posts of New Orleans, and other parts of the ceded territory, to the Com- missary or Commissaries named by the President to take pos- session ; the troops, whether of France or Spain, who may be there, shall cease to occupy any military post from the time of taking possession, and shall be embarked as soon as possible, in the course of three months, after the ratification of this treaty.
"Article VI. The United States promise to execute such treaties and articles as may have been agreed between Spain and the tribes and nations of Indians, until, by mutual consent of the United States and the said tribes or nations, other suitable articles shall have been agreed upon.
"Article VII. As it is reciprocally advantageous to the com- merce of France and the United States to encourage the com- munication of both nations for a limited time in the country ceded by the present treaty, until general arrangements relative to the commerce of both nations may be agreed on ; it has been agreed between the contracting parties that the French ships coming directly from France or any of her colonies, loaded only with the produce and manufactures of France or her said colonies ; and the ships of Spain coming directly from Spain or any of her colonies, loaded only with the produce or manufactures of Spain or her colonies, shall be admitted during the space. of twelve years in the port of New Orleans, and in all other legal ports of entry within the ceded territory, in the same manner as the ships of the United States coming directly from France of Spain, of any of their colonies, without being subject to any other of greater duty on merchandise, or other or greater tonnage than that paid by the citizens of the United States.
During the space of time above mentioned, no other nation shall have a right to the same privileges in the ports of the ceded terri- tory ; the twelve years shall commence three months after it shall have been notified at Paris to the French Government, if it shall take place in the United States ; it is, however, well understood that the object of the above article is to favor the manufactures, commerce, freight and navigation of France and of Spain, so far as relates to the importations that the French and Spanish shall make into the said ports of the United States, without in any sort affecting the regulations that the United States may make con- cerning the exportation of the produce and merchandise of the
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United States, or any right they may have to make such regula- tions.
"Article VIII. In future and forever after the expiration of the twelve years, the ships of France shall be treated upon the footing of the most favoured nations in the ports above mentioned.
"Article IX. The particular convention signed this day by the respective ministers, having for its object to provide for the pay- ment of debts due to the citizens of the United States by the French Republic prior to the 30th Septr. 1800, (8th Vendemiaire, an 9) is approved, and to have its execution in the same manner as if it had been inserted m this present treaty; and it shall be ratified in the same form and in the same time, so that the one shall not be ratified distinct from the other.
Another particular convention signed at the same date as the present treaty relative to a definitive rule between the contracting parties is in the like manner approved, and will be ratified in the same form, and in the same time, and jointly. .
"Article X. The present treaty shall be ratified in good and due form and the ratifications shall be exchanged in the space of six months after the date of the signature of the Ministers Pleni- potentiary, or sooner if possible.
"In faith whereof, the respective Plenipotentiaries have signed these articles in the French and English languages; declaring nevertheless that the present treaty was originally agreed to in the French language; and have hereunto affixed their seals.
"Done at Paris, the tenth day of Floreal, in the eleventh year of the French Republic, and the 30th of April, 1803.
"(SEAL.) (SE.NL) (SEMI.)"
"ROBT. R. LIVINGSTON.
"JAS. MONROE. "BARBE MARBOIS."
"CONVENTION FOR PAYMENT OF SIXTY MILLION OF FRANCS BY THE UNITED STATES; CONCLUDED APRIL 30, 1803; RATIFICATIONS EXCHANGED AT WASHINGTON OCTOBER 21, 1803; PROCLAIMED OCTOBER 21, 1803.
"The President of the United States of America and the First Consul of the French Republic, in the name of the French people, in consequence of the treaty of cession of Louisiana, which has been signed this day, wishing to regulate definitively everything which has relation to the said cession, have authorized to this effect the Plenipotentiaries, that is to say: The President of the
1
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THE CESSION TO THE UNITED STATES.
United States has, by and with the advice and consent of the Senate of the said States, nominated for their Plenipotentiaries, Robert R. Livingston, Minister Plenipotentiary of the United States, and James Monroe, Minister Plenipotentiary and Envoy Extraordinary of the said United States, near the Government of the French Republic ; and the First Consul of the French Republic, in the name of the French people, has named as Plenipotentiary of the said Republic, the citizen Francis Barbe Marbois; who, in virtue of their full powers, which have been exchanged this day, have agreed to the following articles :
"Article 1. The Government of the United States engages to pay to the French Government in the manner specified in the fol- lowing article, the sum of sixty millions of francs, independent of the sum which shall be fixed by another convention for the payment of the debts due by France to citizens of the United States.
"Article 11. For the payment of the sum of sixty millions of francs, mentioned in the preceding article, the United States shall create a stock of eleven millions two hundred and fifty thousand dollars, bearing an interest of six per cent. per annum, payable half yearly in London, Amsterdam, or Paris, amounting by the half year, to three hundred and thirty-seven thousand five hun- dred dollars, according to the proportions which shall be deter- mined by the French Government to be paid at either place; the principal of the said stock to be re-imbursed at the Treasury of the United States, in annual payments of not less than three mil- lions of dollars cach, of which the first payment shall commence fifteen years after the date of the exchange of ratification : this stock shall be transferred to the Government of France, or to such person or persons as shall be authorized to receive it, in three months at most after the exchange of the ratifications of this treaty, and after Louisiana shall be taken possession of in the name of the Government of the United States.
"It is further agreed, that if the French Government should be desirous of disposing of the said stock to receive the capital in Europe, at shorter terms, that its measures for that purpose shall be taken so as to favor, in the greatest degree possible, the credit of the United States, and to raise to the highest price the said stock.
"Article III. It is agreed that the dollars of the United States, specified in the present convention, shall be fixed at five francs, 3113 or five livres eight soux tournois.
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THIE PROVINCE AND THE STATES.
"The present convention shall be ratified in good and due form, and the ratification shall be exchanged in the space of six months to date from this day, or sooner if possible.
"In faith of which, the respective Plenipotentiaries have signed the above articles, both in the French and English languages, declaring, nevertheless, that the present treaty has been originally agreed on and written in the French language; to which they have hereunto affixed their seals.
"Done at Paris the tenth of Florcal, eleventh year of the French Republic, (30th April, 1803.)
"(SEAL); (SEAL.) (SEAL.)"
"ROBT. R. LIVINGSTON. "JAS. MONROE. "BARBE MARBOIS."
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CONSTITUTIONALITY OF THE CESSION.
CHAPTER VI
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The Constitutionality of the Cession
T - HIE unexpected acquisition of Louisiana occasioned unbounded satisfaction in every section of the United States, except certain portions of New England, which had never looked with favor upon the Western country. Many there had rigidly maintained that the original limits of the thirteen colonies should not be enlarged, and that expansion westward meant future dis- satisfaction, disunion and war. In proof of this opinion, the previous proceedings of the western people, either to separate themselves from the Atlantic states, or to secure the uninter- rupted right to navigate the Mississippi, were cited with triumph- ant formality to clinch the argument. Others declared that the Alleghanies were the natural barrier between the Fast and the West, and that the geographical situation of the Western county rendered the conclusion foregone that so vast an extent of terri- tory, with so many different interests, could not be maintained under one sovereignty. But a large majority of the people, both East and West, fully realized and proclaimed the value of the acquisition. The administration of Mr. Jefferson was at once confronted with the serious problem of complying with the terms of the cession, which embraced the future formation of states from the ceded territory and their final admission into the Union. Immediately, the question of the constitutionality of the steps necessary to be taken absorbed the attention of the president and congress. It became at once apparent that the wide diversity of opinion on that important subject might not only make it neces- sary to amend the constitution to meet the new conditions, but might even prevent the ratification of the treaty of cession. This difference of opinion was most pronounced in the two houses of
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congress ; and the outcome was regarded with carnest concern by all who favored the acquisition of the province upon almost any terms that could be construed as constitutional, even though the adoption of an amendment to that instrument should become necessary. However, as time passed, this difference in views was shown to he more the result of partisanship than a belief that the treaty should not be ratified, or that the constitution prohibited the admission of new states into the Union. While, therefore, the debates of congress reveal pronounced views expressed in vigorous language, the charges, counter-charges and arguments also show that the opposition was directed more to the method of procedure than to an attack upon the question itself.
As carly as January, 1803, President Jefferson wrote to Mr. Gallatin, "Yon are right in my opinion as to Mr. L's proposi- tion ; there is no Constitutional difficulty as to the acquisition of territory, and whether, when acquired, it may be taken into the Union by the Constitution as it now stands, will become a ques- tion of expediency. I think it will be safer not to permit the enlargement of the Union but by amendment of the Constitution." These remarks were made in regard to the admission into the Union of the Floridas or other territory which the government then desired to secure.
In a communication dated August 25, 1803, President Jefferson wrote to the secretary of state as follows: "I suppose Monroe will touch on the limits of Louisiana only incidentally, inasmuch as its extension to Perdido curtails Florida and renders it of less worth. I have used my spare moments to investigate by the help of my books here the subject of the limits of Louisiana. I am satisfied our right to the Perdido is substantial and can be opposed by a quibble on form only ; and our right westwardly to the bay of St. Bernard may be strongly maintained. Further reflection on the amendment to the Constitution necessary in the case of Louisiana satisfies me it will be better to give general powers with specified exceptions somewhat in the way stated below ;" and on September 7, 1803, he wrote to W. C. Nicholas that he was "aware of the force of the observation you make on the power given by the Constitution to Congress, to admit new States into the Union, without restraining the subject to the terri- tory then constituting the United States. But when I consider that the limits of the United States are precisely fixed by the treaty of 1783, that the Constitution expressly declares itself to be
· Writings of Thomas Jefferson: Ford.
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CONSTITUTIONALITY OF THE CESSION.
made for the United States, I cannot help believing the intention was to permit Congress to admit into the Union new States, which should be formed out of the territory for which and under whose authority alone, they were then acting. I do not believe it was meant that they might receive England, Ireland, Holland, &c., into it. Our peculiar security is in possession of a written constitution. Let us not make it blank paper by con- struction. I say the same as to the opinion of those who con- sider tlf grant of the treaty making power boundless. If it is then we have no Constitution. Nothing is more likely than that their (the governmental functions named in the Consti- tution ) enumeration of powers is defective. This is the ordinary case of all human works. Let us go on then perfecting it by adding by way of amendment to the Constitution, those powers which time and trial show are still wanting. . I confess I think it proper in the present case to set an example against broad construction, by appealing for new power to the people. If however our friends shall think differently, certainly I shall acquiesce with satisfaction."$
On the 16th of July, 1803, President Jefferson issued a procla- mation for the convocation of congress on October 17, called together earlier than the regular opening, for the special purpose of considering, among other things, the cession of Louisiana by France to the United States. In his message to that body on the latter date, he reviewed the Louisiana question, describing the interdiction of the deposits, its effects upon the United States, the action taken by the administration for relief, the convert it revo- cation of the interdiction, the steps that had been taken to secure and perpetuate American rights on the Mississippi, and the trans- fer of the whole of Louisiana to the United States. He said. "With the wisdom of Congress it will rest to take those ulterior measures which may be necessary for the immediate occupation and temporary government of the country; for its incorporation into our Union ; for rendering the change of government a bless- ing to our newly adopted brethren; for securing to them the rights of conscience and of property ; for confirming to the Indian inhabitants their occupancy and self-government, establishing friendly and commercial relations with them ; and for ascertain- ing the geography of the country acquired." He further said, "Propositions had therefore been authorized (by Congress) for obtaining, on fair conditions, the sovereignty of New Orleans and
* Writings of Thomas Jefferson : Ford.
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of other possessions in that quarter interesting to our quiet, to such extent as was deemed practicable ; and the provisional appro- priation of two millions of dollars, to be applied and accounted for by the President of the United States, intended as part of the price, was considered as conveying the sanction of Congress to the acquisition proposed." He continued, "The sum of fifty thousand dollars appropriated by Congress for providing gunboats remains unexpended. The favorable and peaceable turn of affairs on the Mississippi rendered an immediate execution of that law unneces- sary. The same issue of events dispensed with a resort to the appropriation of a million and a half of dollars, contemplated for purposes which were affected by happier means." }
In another message four days later Mr. Jefferson said, "In my communication to you of the 17th instant, I informed you that conventions had been entered into with the government of France for the cession of Lousiana to the United States. These, with the advice and consent of the Senate, having now been ratified, and my ratification exchanged for that of the First Consul of France in due form, they are communicated to you for consideration in your legislative capacity. You will observe that some important conditions cannot be carried into execution but with the aid of the legislature, and that time presses a decision on them without delay. The ulterior provisions also, suggested in the same communica- tion, for the occupation and government of the country, will call for carly attention. Such information relative to its government as time and distance have permitted me to obtain, will be ready to be laid before you in a few days. But as permanent arrange- ments for this object may require time and deliberatom, it is for your consideration whether you will not forthwith make such temporary provisions for the preservation, in the meanwhile, of order and tranquillity in the country as the case may require."*
Both branches of congress immediately proceeded to act upon the advice and recommendations of the president. Bills were introduced authorizing the executive to take possession of Louisi. ana and to provide for the temporary government thereof; for the creation of stock certificates to the amount of eleven million two hundred and fifty thousand dollars to be employed in the pay- ment for that province, specifying how payments should be made ; and for providing means to pay the claims of American citizens against France, which had been assumed by the United States as one of the conditions of cession." In the senate, on Friday,
t Messages and Papers of the Presidents.
· Annaty of Congress.
.
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CONSTITUTIONALITY OF THE CESSION.
October 21, Mr. Breckenridge gave notice that, on tomorrow, he should ask leave to bring in a bill to enable the president to take possession of louisiana and for other purposes, and the next day accordingly introduced such a bill, which was read. It became the basis of the act subsequently passed, the house making a few light amendments thereto. On October 24, the bill "was read a second time and referred to Messrs. Breckenridge, Dayton and Baldwin to consider and report thereon." On the 25th the bill was reported without amendments by this committee, and was ordered to pass to a third reading. The next day, the 26th of October, it was read the third time; and upon the question being put, Shall this bill pass? it was determined in the affirmative- yeas 26, nays 6. The six senators who voted in the negative were John Quincy Adams, James Hillhouse, Simeon Olcott, Timothy Pickering, William Plamer and Uriah Tracy, all of New Hamp shire, Massachusetts and Connecticut. On the 29th, the bill was returned by the house with amendments, to which the senate disa- greed, but later the same day receded from their disagreement and accepted the amendments. Senate amendments to the house amendments were rejected. Thus within the space of eight days the bill was introduced and read in the senate three times on three different days; was considered, amended and passed by the house; was considered again by the senate with the house amendments and saved from further change in the senate; and was then passed by a handsome majority. An analysis of the negative vote and of the speeches later made by the above named senators, reveals the fact that their opposition was mainly influenced by the remoteness of Louisiana, by their disinclination to any change in the constitutional compact of the thirteen states, and by their belief that the methods proposed required the delegation of specific constitutional and exclusive rights of the senate or the house, to the president. The debate in the senate on the Louisiana treaty came up in considering the bill providing for the issuance of stock to pay for the province.
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