USA > Missouri > A history of Missouri from the earliest explorations and settlements until the admission of the state into the union, Volume II > Part 43
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Admitted as you are in the embraces of a wise and magnanimous nation, patriotism will gradually warm your breasts and stamp its features on your future actions. To be useful, it must be enlightened - not the effect of passion, local prejudice or blind impulse. Happy the people, who possess invaluable rights and know how to exercise them to the best advantage; wretched are those who dare not think and act freely. It is a sure test of wisdom to honor and support the government under which you live, and to acquiesce in the decisions of the public will, when they be constitutionally expressed. Confide, therefore, in the justice and in the integrity of our Federal President; he is the faithful guardian of the laws, and entertains the most beneficent views relative to the glory and happiness of this territory; and the merit alone, derived from the acquisition of Louisiana, without any other, would perpetuate his fame to posterity. Place equal confidence in all the constituted authorities of the Union : they will protect your rights and indeed, your feelings, and all the tender felicities and sympa- thies so dear to rational and intelligent natures. A very short experience of their equitable and pacific policy, will enable you to view them in their proper light. I flatter myself that you will give their measures a fair trial, and not precipitate yourselves into conclusions which you may afterwards be forced to retract. The first official act of my present station, expressly permitted by higher authority, will confirm these remarks.
The United States, in the acquisition of Louisiana, were actuated by just and liberal views. Hence the admission of an article in the treaty of cession, the substance of which is, that the inhabitants of the ceded territory shall be incorporated in the Union, and admitted as soon as possible to the enjoyment of all the rights, advantages and immunities of citizens of the United States; and in the mean time be maintained and protected in the free enjoyment of their liberty, property and religion.
From these cursory hints you will be enabled to comprehend your present political situation, and anticipate the future destinies of your country. You may soon expect the establishment of a territorial government, administered by men of wisdom and integrity, whose salaries will be paid out of the Treasury of the United States. From your present population and the rapidity of its increase, this territorial establishment must soon be succeeded by your admission as a State into the Federal Union. At that period you will be at liberty to try an experiment in legislation, and to frame such a government as may best comport with your local interests, manners and customs; popular suffrage will be its base. The enaction of laws and the appointment of judges to expound them, are among the first privileges of organized society. Equal to either of these, indeed, is the inestimable right of trial by jury. Inseparable from many other obvious advantages are the forms of judicial processes and the rules for the admis-
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sion of testimony in courts of justice. It is also important that a distinction be made between trials of a capital nature and those of an inferior degree, as also between all criminal and civil contests. In fine, upper Louisiana from its climate, soil and productions and from other natural advantages attached to it will, in all human probability, soon become a star of no inconsiderable magni- tude in the American constellation.
Be assured that the United States feels all the ardor for your interests which a warm attachment can inspire. I have reason to suppose that it will be among some of their first objects to ascertain and confirm your land titles. They will know the deranged state of these titles and of the existence of a multitude of equitable claims under legal surveys where grants have not been procured. What ultimate measures may be taken on this subject does not become me to conjecture - but this much I will venture to affirm, that the most ample justice will be done; and that in the final adjustment of claims no settler or land-holder will have just cause to complain. Claimants of this description have hitherto invariably experienced the liberality of government; and surely it will not be less liberal to the citizens of upper Louisiana who form a strong cordon on an exposed frontier of a vast empire, and are entitled by solemn stipulations to all the rights and immunities of freemen.
My duty, not more indeed than my inclination, urges me to cultivate friendship among you and between you and the United States. I suspect my talents to be unequal to the duties which devolve on me in the organi- zation and temporary administration of government. The want of a proper knowledge of your laws and language, is among the difficulties I have to encounter. But my ambition and assiduity will be excited in proportion to the honor conferred on me. Inflexible justice and impartiality shall guide me in all my determinations. If, however, in the discharge of a variety of complicated duties I be led into error, consider it as involuntary, and not as the effect of inattention, or of any exclusive favors or affections. Destined to be the temporary guardian of the rights and liberties of at least 10,000 people, I may not be able to gratify the just expectations of all - but your prosperity and happiness will claim all my time and talents; and no earthly enjoyment could be more complete than that derived from your public and individual security from the increase of your opulence and power.
ST. LOUIS, March 10, 1804." 12
Under instructions, Capt. Stoddard made no change in the officers of the several posts, nor in any wise interfered with the civil affairs of the country. He reappointed the Spanish commandants of the several districts as civil but not as military commandants. 13
12 Copied from an original in the archives of New Madrid .- vol. 11.
13 The original commission, issued by Captain Stoddard to Jean Baptiste Vallé, found in the Missouri Historical Society, dated March 10, 1804, is as follows:
" JOHN BAPTISTE VALLĖ:
"By virtue of the authority and power vested in me by His Excellency William C. C. Claibourne, Governor of the Mississippi Territory, and acting as Governor-General and Intendant of Louisiana, and reposing a special trust and confidence in your integrity, patriotism, and ability, you are hereby appointed Civil Commandant of the District of Ste. Genevieve, in upper Louisiana, with all the powers and privileges appertaining thereto, and to hold said office, and to execute the duties thereof during the pleasure of the said acting Governor- General and Intendant, or during the pleasure of the first Civil Commandant of upper Louisiana, or until some other provision be made by Congress for the government of the same territory; and all persons whom it may concern are warned to take notice, and to govern themselves accordingly.
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PEOPLE SATISFIED
On this subject Governor Claiborne, under date of June 24, wrote him from New Orleans, as follows:
"Sir : In all judicial cases when you entertain any doubt or feel any diffi- culty in deciding you will avoid acting and refer the parties to the courts that will be established in upper Louisiana in the month of October. A reference to me would be improper, for the probabi ity is before a decision could be made my judicial authority will have ceased. Your proclamation and orders relative to the banditti of Creeks who have committed recent depredations meet my approbation. With respect to the Indians generally, I doubt not but that you have endeavored to cultivate their friendship and conciliate their affections. The best way of effecting which is to act towards them with impartial justice, to protect all peaceable Indians from violence and wrong and to exercise toward them every act of kindness which your means will permit.
The amount of expenses which you have necessarily incurred either in your military or civil character I wish you to state to the Secretary of War. The contingent fund allowed me for the taking possession of Louisiana is nearly expended, and, therefore, I am desirous that you should apply direct to the Secretary of War for the adjustment of your accounts. There is no doubt but the expenses incident to your public offices, such as stationery, interpreter and office rent, will be paid; and, I think, the Government would act justly were they to make some allowances for your increased personal expenses.
It gives me great pleasure to learn the good order and quietude which prevail in upper Louisiana. It argues much in favor of your judgment and prudence, and I trust the present happy prospect may long continue.
The conduct of the several commandants acting under your authority should be strictly watched and carefully investigated. The abuse of office under the late government was considerable and the commandants of distant posts were frequently guilty of injustice and oppression. I have found it good policy to recommission several of the former commandants and I learn that you have pursued a like policy, but we should both take care that these men execute their powers in justice and in mercy."
Without the least objection on the part of the French population of upper Louisiana, and to the great satisfaction of the American settlers, the jurisdiction of the United States was thus extended over the new territory. A few French land speculators, who, before the transfer of the territory and in anticipation of a change of dominion, for they were not ignorant of the treaty of St. Ildefonso any more than the Spanish officers in New Orleans, had secured large and important concessions of land, no doubt anticipated to reap great
In witness whereof, I have hereunto set my hand and seal at St. Louis, this tenth day of March, 1804, and in the twenty-eighth year of the Independence of the United States.
Asser Goddard, Coff A first invil form " 1 2 annianas
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benefits. They well understood that land values would greatly increase, because free donations of land to actual settlers would no longer be made. Under the new government these holders of con- cessions and their assignees at once became and were regarded as the landed capitalists of the new territory. Such being the case, it is very probable that one of the chief beneficiaries of the favors of the late Spanish authorities became very enthusiastic and called for "three cheers in honor of his adopted country," as has been stated. Nevertheless, it is said that Charles Gratiot was about the only man in St. Louis who took a personal interest in the transfer of the country to the United States; that the people as a whole were indifferent. But Gratiot had received large land grants and perhaps under- stood better than any one in St. Louis at that time the immense benefit a change of government implied. At the time George Rogers Clark conquered the country northwest of the Ohio, Gratiot was a merchant in the village of Cahokia, and no doubt then observed the wonderful change in land values which resulted from the American occupation of the country.
The importance of ascertaining the exact character and nature, as well as the extent, of the Spanish land grants was perceived to be a subject of greatest importance by the officers of the Government of the United States, and very likely under instruction, without much delay, on the Ioth of March, 1804, Captain Stoddard issued the fol- lowing proclamation in regard to this subject:
" Amos Stoddard, Captain of the Artillerists of the United States and First Civil Commandant of upper Louisiana, to the inhabitants of the same territory :
The treaty of cession provides that all the public records of the Province, especially those relating to land claims, shall be surrendered to the United States who are bound to provide for their safe keeping. It has been represented that the people still have in their hands many other original grants which have not been entered on the records, as also a variety of original papers relative to land claims under which full and.complete titles have never been procured according to the late Spanish laws. It is therefore expected and enjoined that on or before the 15th day of May, next, all original grants from the Crown or from those author- ized by the Crown to make grants, be recorded in the proper offices and that all original petitions and the orders of survey, whether the land petitioned for be surveyed or not, be filed or lodged in the office of the District Commandant in which the land is situated, and the several commandants are authorized and required either to give attested copies to the claimants of all such original papers thus filed or lodged with them, if required, or make a record thercof and return the original to the claimants. The object of this measure is to ascertain the nature of the several land titles and to provide a safe deposit for all original records and papers relative to them. It is confidently expected that each claimant of lands will be well disposed to deposit the evidence of his land claim as required.
Dated at St. Louis, 10th day of March, 1804."
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SLAVES - MILITIA
The general apathy of the French habitans at the time lead many to think that the inhabitants were not fit for self-government. In the debate growing out of the recommendations of President Jefferson and which finally led to the passage of the Act of 1805, it was urged by many members of Congress that the people of upper Louisiana were not prepared for self-government. Judge J. B. C. Lucas, although a native of France, at that time a member of Congress from Pennsylvania, so maintained and adduced as proof for his assertion that the French inhabitants when the American flag was hoisted "shed tears."
A subject which seems somewhat to have agitated the people of upper Louisiana, immediately after the purchase, was the conduct of their slaves, among whom, Captain Stoddard was advised, "a fermentation which may become dangerous" existed, created by the report spread among them that they would be free before long. Many of the leading citizens of St. Louis, therefore, requested Captain Stoddard to take this matter under consideration so as to insure the tranquillity of the people. Captain Stoddard replied to the committee that he would take great pleasure in enforcing such rules and regulations as might "appear necessary to restrain the licentious- ness of slaves and to keep them more steadily to their duty," and thus add what he could contribute "to the peace and security of the respectable town of St. Louis." The committee accordingly sub- mitted to him a number of rules and regulations which they requested, after having been carefully examined and modified or amended so as to meet his views, might be promulgated and extended over all upper Louisiana, and which it seems was done.
Stoddard also organized the militia in all the principal settle- ments of upper Louisiana embodying the inhabitants of several settlements into companies. But the companies so organized were not uniform as to numbers, some consisting of nearly one hundred men and others of not more than fifty. Several companies were thus organized in St. Louis, Ste. Genevieve, Cape Girardeau and New Madrid.
CHAPTER XXII.
Louisiana divided by act of Congress of 1804 - The Louisiana District attached to the Indiana Territory - Executive, Judicial and Legislative power vested in the Governor and Judges of the Indiana Territory - Wm. H. Harrison, Governor of the Louisiana District - Arrives in St. Louis October 1, 1804 - The St. Louis, Ste. Genevieve, St. Charles, Cape Girardeau and New Madrid Districts organized and Lieutenant-Governors or Commandants appointed for same. - The Spanish Land grants - Stringent Criminal laws to prevent Surveys under Spanish claims - Courts organized - Court of Common Pleas and Quarter Sessions established - First Court and Grand Jury of St. Louis District - First Court of Ste. Genevieve and Grand Jury there- First Court of the Cape Girardeau District-Of the New Madrid District - Of the St. Charles District - Additional Judges for the St. Louis District under Act of 1805 - Political agitation - Letters to Jefferson - Dissatisfaction with Act of 1804 - First convention west of the Mississippi river - Members of this convention - Memorial to Congress - Auguste Chouteau and Eligius Fromentin appointed Delegates - Treaty with the Saukees and Fox Indians in 1804 - Indian troubles caused by this treaty - Upper Louisiana detached from Indiana Territory by Act of 1805 - General Wilkinson appointed Governor - James B. C. Lucas, John Coburn and Rufus Easton appointed Judges of the Superior Court - Visit of Aaron Burr to St. Louis- Joseph Browne, Secretary of the Territory, his brother-in-law - Wilkinson suspects Burr - Plan sug- gested to remove all the settlers west of the Mississippi to the east side - Hostility to Wilkinson's administration - Laws enacted by the Territorial Legislature, composed of Wilkinson and the Judges - General Court of Appeals created - Wilkinson removed from office - Wilkinson goes south in 1807 - Merriwether Lewis appointed Governor - Militia organized - Revenue laws and taxation.
President Jefferson thought that it primarily devolved upon Congress to provide a government for the newly acquired territory and to regulate its affairs. Accordingly, Stoddard, under instructions, in no wise interfered with the administrative system as it existed in upper Louisiana when the province was ceded, leaving all the old Spanish officers, with the exception of Lieutenant-Governor De- Lassus, in the discharge of their respective duties as defined by the Spanish laws and customs, confining himself simply to the duty of preserving public order in the territory under his jurisdiction. It even seems to have been thought necessary that by express Act of Congress the President should be authorized to take possession of the Louisiana purchase, and such an Act was passed October 3, 1803, and the President authorized, in order to maintain order in the territory, to employ such part of the Army and Navy as he might deem necessary in that behalf; and it was expressly provided that
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until provision for the temporary government of said territory should be made by Congress that all the "military, civil and judicial powers exercised by the officers of the existing territory shall be vested in such person or persons, and shall be exercised in such manner as the President of the United States shall direct, maintaining and pro- tecting the inhabitants of Louisiana in the free enjoyment of their liberty, property and religion." 1
The whole subject of providing a government for the territory acquired was left to Congress. In 1804 Congress took cognizance of the subject and divided the territory acquired into two great sub- divisions. All that part of Louisiana south of the 33d parallel of north latitude was erected into a territory and named the "Territory of Orleans," and the remainder of the province lying north of the 33d parallel and extending to the British line, and indefinitely west, was designated as the "District of Louisiana" and attached to the Territory of Indiana. By this Act the executive power of the Governor of the Territory of Indiana, at that time William H. Harri- son, was extended over the "District of Louisiana," and the three judges of the Territory of Indiana were by the Act created a legisla- tive body with power to enact such laws as might be needful for the government of the district, from time to time, and conducive to the good government of the inhabitants thereof. It was also provided that these judges should hold two terms of court annually within said district at such places as might be most convenient to the inhabitants thereof, and in general possess and exercise such jurisdiction as exercised by them in the Territory of Indiana. The Act also de- clared that all grants of land made after the treaty of St. Ildefonso should be void; provided, that grants made according to the laws, usages and customs of Spain, to actual settlers, should not be void if the land grant had been actually settled prior to the 20th of Decem- ber, 1803; and provided further, that the land claimed did not exceed in extent one square mile;2 and provision was made for the punish-
1 2 United States Statutes at Large, page 245.
2 2 United States Statutes at Large, p. 288, Section 14. This section, in which the people of the territory were more interested than any other subject, provided as follows: "That all grants for land within the territories ceded by the French republic to the United States, by the treaty of 30th of April, in the year 1803, the title whereof was, at the date of the treaty of St. Ildefonso, in the crown, government, or nation of Spain, and every act and proceeding subsequent thereto, of whatsoever nature, towards obtaining any grant, title or claim to such lands, and under whatsoever authority transacted, or pretended, be, and the same are hereby declared to be, and to have been from the beginning, null, void and of no effect in law or equity. Provided, nevertheless, that any-
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HISTORY OF MISSOURI
ment of all unauthorized settlers entering upon the public lands, or making any unauthorized surveys thereof, and designating boundaries by marking trees, etc. This Act further provided for dividing the district into such local districts by the Gover- nor, under the direction of the President, as the convenience of the settlements should re- quire; and that the inhabitants of these dis- tricts should be formed into a militia, with proper officers, the whole to be under the com- mand of the Governor.
Under this Act, which it was provided should go into effect October 1, 1804, Gov- ernor Harrison and the three judges of the Territory of Indiana, Thomas Terry Davis, WM. H. HARRISON Henry Vandenberg, and John Griffin, met at Vincennes and adopted a series of laws to carry out the intention of Congress, and these laws were published as required by the Act. Under the advice of President Jefferson, substantially the sub- division of the territory existing under the Spanish government for the districts of St. Louis, St. Charles, Ste. Genevieve, Cape Girardeau and New Madrid, and defining the boundaries of these districts, was adopted.3 By proclamation of Governor Harrison, dated October 1, 1804, the boundaries of the districts were accord- ingly defined as follows: All that part of the district of
thing in this section contained shall not be construed to make void any bona fide grant, made agreeably to the laws, usages and customs of the Spanish government to an actual settler on the lands so granted, for himself, and for his wife and family; or to make null and void any bona fide act or proceeding done by an actual settler agreeably to the laws, usages and customs of the Spanish government, to obtain a grant for lands actually settled on by the person or persons claiming title thereto, if such settlement in either case was actually made prior to the 20th day of December, 1803: And provided further, that such grant shall not secure to the grantee, or his assigns, more than one mile square of land, together with such other and further quantity as heretofore hath been allowed for the wife and family of such actual settler, agreeably to the laws, usages and customs of the Spanish government. And that, if any citizen of the United States, or other person, shall make any settlement on any lands belonging to the United States, within the limits of Louisiana, or shall survey, or attempt to survey, such lands, or designate boundaries by marking trees, or otherwise, such offender shall, on conviction thereof, in any court of record of the United States, or of the territories of the United States, forfeit a sum not exceeding one thousand dollars, and suffer imprisonment not exceeding twelve months; and it shall moreover be lawful for the president of the United States to employ such military force as he may judge necessary to remove from lands belonging to the United States any such citizen, or other person who shall attempt settlement thereon."
3 Jefferson Papers, Series I, vol. 10, No. 119.
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BOUNDARIES OF DISTRICTS
Louisiana north of the Missouri river was made the district of St. Charles; the district of St. Louis was bounded by the Missouri river on the north and on the south by Plattin crcek from its mouth to its source, thence a line was extended to the fork of the river Maramec called "Arencau," thence up said Maramec to the upper settlements on said river and thence west to the western boundary of Louisiana - by this line the Plattin settle- ments which under the Spanish government had been a part of the Ste. Genevieve district were attached to the St. Louis district; the Ste. Genevieve district was bounded on the north by the St. Louis district in its whole extent to the western boundary of Louisiana and on the south by Apple creek from its mouth to its source and thence west to the western boundary of Louisiana; the Cape Girardeau district was bounded on the north by the Ste. Genevieve district and on the south by the boundary that has "heretofore separated the commandaries of Cape Girardeau and New Madrid"; and finally all that portion of the district south of the Cape Girardeau district was formed into a fifth district called New Madrid district, this district embracing all the territory from the northern limits of the Orleans territory. The seats of Justice of the several districts were established at New Madrid for the New Madrid district, at St. Louis for that district, at St. Charles for the St. Charles district, at Ste. Genevieve for the district of that name, and at Cape Girardeau at such point as might thereafter be appointed, for at the time when the districts were divided no town or village existed in Cape Girardeau district. For each district a Commandant or Lieutenant-Governor was provided. In each of these districts courts of Common Pleas and Quarter Sessions were established, and the offices of Recorder and Sheriff created.
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