USA > Missouri > History of southeast Missouri : a narrative account of its historical progress, its people and its principal interests, Volume I > Part 24
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The motives which induced Napoleon to make this offer to the United States were vari-
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ous. He was terribly disgusted with his fail- ure in San Domingo; he needed the funds for the prosecution of the Continental system which he was carrying on, and he did not like to see an alliance formed between England and the United States. Such an alliance had been threatened, for both countries were opposed to the holding of Louisiana by France. Perhaps, however, the principal rea- son why Napoleon consented to the sale of the territory was the fear that it might fall into the hands of Great Britain. He was then en- gaged in a war with Great Britain and he did not possess sufficient naval power to en- able him to contest the control of territory on the other side of the sea. He is said to have remarked, after he signed the treaty which transferred Louisiana to the United States, that he had given Great Britain a rival.
On receipt in Washington of news that ar- rangements had been made for the purchase of Louisiana from France, President Jeffer- son called an extra session of congress to con- sider this question and to ratify the treaty. Congress assembled on the 17th of October, 1803, and proceeded to the ratification of the treaty. President Jefferson appointed Gover- nor William Claiborne, of Mississippi, and Major General James Wilkinson. as commis- sioners of the United States to receive the transfer of the territory from France. The representative of the French government who was to receive the territory from Spain was M. Laussat. M. Laussat arrived in New Orleans in November and received from Governor de Casa Calvo the transfer of the territory from Spain. A considerable delay occurred, how- ever, in taking over the territory in St. Louis. France did not wish to send a representative from New Orleans to St. Louis to receive the transfer from Governor De Lassus because of
the time that would be required and the ex- pense of the journey. Accordingly it was agreed among all the parties that the commis- sioners of the United States should designate a person with authority to receive the trans- fer from France. Governor Claiborne selected Captain Amos Stoddard, of the United States army. Upon his notification of the selection M. Laussat then designated Captain Stod- dard as commissioner and agent of France to receive the transfer of Upper Louisiana. He then sent to Stoddard, a letter to Lieutenant Governor De Lassus containing the demand of France for the transfer of that territory. This letter also was a credential for Captain Stoddard. Stoddard also received instruc- tions from Governor Claiborne to proceed to St. Louis and to carry out the orders issued to him, first as commissioner and agent of France to demand and receive possession of the country from Spain, and secondly as agent of the United States to occupy and hold the posts, territories and dependencies which had been transferred by France to the United States. Stoddard was further instructed by Governor Claiborne that until some perma- nent regulations could be made by congress for the government of the new province, all the functions, both civil and military, which had been previously exercised by the Spanish commandants of posts and districts would de- volve upon him and his subordinates. It was carefully explained, however, that there was to be no further blending of civil and military functions, but that on the other hand they were to be kept entirely separate and distinct. That this fact might be made clear, Stoddard received two commissions, one from Governor Claiborne constituting him civil commandant of St. Louis and conveying instructions for his actions in such place, and also a commis- sion from the commanding general of the
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American army conveying instructions as to his actions in military affairs. He was fur- ther instructed that in the absence of precise definition of powers, he was to consider him- self in possession of all authority accustomed to be exercised by his predecessors, the Span- ish commandants, and was to govern himself by the circumstances under which he was placed and was given a wide discretion in his actions. In accordance with these grants of authority, Stoddard, who was at Kaskaskia, wrote to De Lassus informing him of his se- lection as an agent of France, and notifying him of his early arrival in St. Louis.
On receipt of the reply from Governor De Lassus, Stoddard proceeded to St. Lonis, and on the 9th day of March, 1804, received from De Lassus the transfer from Spain to France. The occasion was made as dignified and for- mal as it was possible to be made under the circumstances. The Spanish soldiers were drawn up in line, the inhabitants of the town assembled in the street in front of the build- ing, and Governor De Lassus then issued a brief proclamation. In it he set out the fact that the flag under which they had lived for a period of thirty-six years was to be with- drawn. He released them from their oath of allegiance to Spain and wished them prosper- ity. There was then executed a document in the nature of a memorial of the transactions which had taken place. After this had been signed, Governor De Lassus addressed Cap- tain Stoddard as agent of the French repub- lic, saluted him as such commissioner and for- mally transferred to him authority over the province. After Captain Stoddard's very brief response to this address, the flag of Spain which was floating from the staff was lowered and replaced by the flag of France. The Spanish soldiers then fired a salute and retired after having received the American
troops who were in charge of an adjutant of Stoddard. When this was done, the flag of France was lowered and that of the United States was put in its place.
De Lassus then addressed a communica- tion to the commandants at Ste. Genevieve, New Madrid, Cape Girardeau, and the other posts in Upper Louisiana informing them of the actions which had taken place on that day. It seems that the transfer of the other posts were made without any formality, ex- cept in the case of New Madrid. Here the flag was lowered and a salute was fired, but these were the only ceremonies observed, even there.
Captain Stoddard, having come into pos- session of the territory, informed his superi- ors, Governor Claiborne and General Wilkin- son, of the fact and issued a rather lengthy address to the people of Upper Louisiana. This address is found in the archives of Madrid and is an interesting document. In it Stoddard congratulated the people of Lou- isiana on account of the change of govern- ment which they had undergone. He in- formed the people as to the probable pro- visions that would be made for their govern- ment, and he pointed out to them some of the differences which they would observe in the government under the United States. He de- scribed the change as a change from subjects to citizens and he assured them of his very great interest in their welfare and his very great desire to conduct affairs, so long as he was in charge, to the best interests of the peo- ple of the province.
By these acts the territory of Louisiana passed forever from the control of Spain. The hopes which had been built, first, upon the marvellous explorations of De Soto. and la- ter upon the treaty of Fontainbleau, were
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finally dissipated. The dream of a great Spanish empire with its capital at New Or- leans was dispelled. War between the United States and Spain for the possession of the Mississippi river was avoided.
It is quite clear that this transaction was one of the most momentous incidents in all history. The territory is a vast one embrac- ing a million square miles and stretching from the Mississippi to the Rockies. The territory of Louisiana contained within its borders some of the richest mineral districts, some of the richest soil, and some of the greatest forests in the world and was, even at that date, exceed- ingly valuable. Fifteen million dollars was a large amount of money for the United States, in 1803, but fifteen million is the merest frac- tion of the value of Louisiana territory. Its value to the United States was not solely to be measured by the soil, or its forests, or the mineral wealth of the territory. It is difficult to say how our country would have become a great nation without the possession of Louisi- ana. Its possession carried with it the free and unobstructed use of the Mississippi river; it rounded out our territory ; it gave us posses- sion of the greatest tract of food producing soil in all the world. The Mississippi valley is the heart of our country and had the Lou- isiana purchase not been made the Mississippi valley would have been owned by the United States only in part. The purchase meant much for the people who lived in Louisiana at that time, but it meant a great deal more to the United States and to the people of our country at the present day. We can hardly imagine what our country would be now if the Louisiana territory had remained in the pos- session of Spain, or in the possession of France; instead of being one of the great powers of the world, the United States would have been one of the smaller nations and its
wealth would be but a fraction of what it now is.
This purchase deserves and holds a great space in history. The restrictive laws of Spain, her unjust restrictions upon commerce, her censorship of religion, her oppression of free speech and the press, her antiquated ma- chinery of government, her ideals, which were those of the middle ages, were all swept away with the coming of the United States govern- ment and a new era set in then for Louisiana. We may not say, of course, that all the results that immediately followed were good. As has been the case everywhere, new-found liberty was made an occasion for license, and the free- dom with which the people of the territory of Louisiana found themselves clothed upon their transfer to the United States, was in some cases an excuse for lawlessness and violence. These disorders, however, were temporary in their character and when the ideas of Anglo- Saxon liberty, liberty restrained by law, of self-government, were realized, then followed good order throughout Louisiana. Not only did the change of ownership bring a greater degree of liberty, not only did it enable the people who lived in Louisiana to govern them- selves and to carry on the concerns of their lives without interference and fear from the hampering regulations of Spain, the change of ownership brought a great flood of immigration. The river had acted as a bar- rier to the westward movement of our popu- lation, it had dammed that movement up and held it in the states on the east side of the river, and when the barrier was removed and Louisiana passed out from the control of Spain and into that of the United States im- migration flowed into the district in streams, new towns sprung up, industries were re- vived and within a few years the population of Louisiana was doubled many times over.
SECTION III
As a United States Territory
· Vol. I-10
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CHAPTER XI
AMERICAN TERRITORIAL GOVERNMENT
GOVERNMENT OF THE LOUISIANA TERRITORY-THIE TERRITORY OF ORLEANS-THE DISTRICT OF LOUISIANA - FIRST GOVERNOR - COURTS OF COMMON PLEAS - OFFICERS AT THE VARIOUS POSTS-CAUSES OF DISSATISFACTION WITH THE GOVERNMENT OF THE UNITED STATES-ME- MORIAL OF GRIEVANCES-THE TERRITORY OF LOUISIANA-CONFIRMATION OF LAND GRANTS- COURTS-WILKINSON AS GOVERNOR-LEWIS-CLARK-THE TERRITORY OF MISSOURI - Pow- ERS OF THE GOVERNOR-MEETINGS OF THE TERRITORIAL LEGISLATURE-VARIOUS LAWS-RICH- ARD S. THOMAS-JOHN SCOTT-JOHNSON RANNEY-GENERAL WATKINS-GREER W. DAVIS -ALEXANDER BUCKNER-OTHER PROMINENT MEN-THE BYRD FAMILY-CIRCUIT COURTS -OFFICERS IN STE. GENEVIEVE-CAPE GIRARDEAU DISTRICT AND COUNTY-NEW MADRID DIS- TRICT AND COUNTY-CREATION OF NEW COUNTIES-LAWRENCE - WAYNE - MADISON - JEFFERSON - WASHINGTON - PERRY - MILITARY HISTORY.
As soon as it was known that the transfer of Louisiana to the United States had been completed and all formalities complied with, Congress at once passed an act providing for the government of the newly acquired territory.
It was arranged that the law of Spain and France which had previously been in force in the territory should be superseded by the law of the United States. It divided the en- tire territory acquired into two parts. All that part of Louisiana south of the 33rd parallel of north latitude was made into a territory under the style of the Territory of Orleans. The remainder of the territory was denominated the District of Louisiana, and was attached for the purposes of government to the territory of Indiana. The authority of the governor of the territory of Indiana was caused to extend over the new district.
A legislative body was provided for the district of Louisiana which was to consist of the three judges of the territory of Indiana. They were clothed with authority to make all needful laws for the government of the people within the district. They were also empowered to hold two terms of court each year within Louisiana.
The governor of Indiana, who was thus made governor of the new district, was Wil- liam Henry Harrison. The three judges in whose hands was placed the legislative power were Thomas Davis, Henry Vandenburg and John Griffin, who proceeded to make laws for the district. They accepted substantially the division of territory which had been in use by the Spanish. There was a lieutenant gov- ernor at the posts of St. Louis, New Madrid, St. Charles, Ste. Genevieve, and Cape Girar-
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deau. There was also established in each one of these posts a court of common pleas and quarter sessions, and a provision was made for a recorder and a sheriff at each place.
The following officers were appointed at the various posts : Colonel Samuel Hammond was appointed lieutenant governor or eom- mandant of St. Louis; Major Seth Hunt, lieutenant governor or commandant of Ste. Genevieve; Colonel Return J. Meigs, lieu- tenant governor or commandant of St. Charles, and Colonel. Thomas B. Scott, lieu- tenant governor or commandant of Cape Girardeau. For New Madrid, Pierre An- toine La Forge acted as eivil commandant.
Sneh was the form of government arranged for the new territory. It was reasonable, the seleetions for the various offices were good, and it was to be expected that the people of the territory would be happy and content un- der the government. It has been pointed out that there was little objection made by any of the people of the territory to the transfer ; some few complaints were made and there were some who wished that Spain might have retained the territory; on the whole, how- ever, the people were quiet and satisfied.
This condition did not last very long. There were several principal soureès of complaint. One of them was the provision in the act of congress concerning Spanish land grants. We have seen that the Spanish officials were lavish with their grants of land. A great many inhabitants of Upper Louisiana had asked for concessions which were granted, but a number of these were granted.after the secret treaty which had transferred Louisi- ana to Franee. The act provided that all Spanish grants should be given full force and effect by the officers of the United States, except those which had been made subse- quent to the treaty between Franee and
Spain. It was the opinion of the govern- ment of the United States that after the sign- ing of that agreement by which Louisiana passed from Spain to France, the Span- ish officials had no authority whatever to alienate for any purpose the lands of the territory. It was held that all grants at- tempted to be made between the transfer to France and the transfer to the United States were absolutely without any foree whatever and that the settlers who held these grants had no title to their lands.
It may be supposed that the men who had received these grants were very mueh dis- satisfied with this aetion of the government of the United States. This dissatisfaction, however, was not confined to the holders of these grants by any means. There were many questions which arose concerning these land titles, questions which could be settled only after the lapse of considerable time. The transfer thus acted as a disturber of the land titles, and a great many of the titles in the territory had a cloud over them for a period of many years. When these facts were ap- preciated by the people of the territory and especially by the French settlers, there was very great dissatisfaction. A meeting was held .in St. Louis to protest to the govern- ment and a petition or memorial was drawn up setting forth the alleged grievanee suf- fered by the inhabitants.
Another matter which created dissatisfac- tion among the settlers was the change in the method of jurisprudence. We have seen that the ordinary procedure in the courts of the Spanish commandants was entirely sum- mary in its character. There was little de- lay and there was little opportunity for ham- pering suits by technicalities. The decision was vested in the power of one man and he
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ordinarily decided questions without much delay. The trial of eases before command- ants proceeded informally, but while there was opportunity offered for appeal, sueh ap- peal was rarely prosecuted, and if prosecuted at all it usually did not go further than the Lieutenant Governor at St. Louis. This sys- tem of Spanish Law operated to produce great celerity of judicial action. For this system there was substituted the system of the English Common Law. That system pro- vides for trial by jury, and it provides for the hampering of trials by the use of technical- ities, and to the people of the territory ac- customed to the celerity of Spanish justice the long delays and the great expense of the American system of courts came with an un- pleasant shock.
Another thing which caused dissatisfaction among the settlers in Upper Louisiana was the fact that the territory was not erected into a separate government but was joined to Indi- ana. The settlers felt that they were suffi- ciently numerous and sufficiently intelligent to be a distinct territory of the United States, and they held it a grievance that they were not so treated.
A fourth grievance was the proposed settle- ment of the eastern Indians in Louisiana. One of the provisions of the Act of Congress for the government of the territory was that the land of the Indians then resident east of the Mississippi should be purchased from them and they should be settled in Louisiana. This provision gave great offenee to the peo- ple of the territory. They had had sufficient experience with Indian population to eanse them to dread the coming of any other Indian tribes.
This Indian question really settled itself in a very short time. The Government of the United States did not make any formal dec-
laration as to its intentions, but the fact that it did purchase from the Saes and Foxes the territory which they inhabited just north of the Missouri river and remove them further west seemed an evidence that it was not the intention of the United States to thrust the eastern Indians into that part of Louisiana inhabited by white people.
Although this particular complaint was thus disposed of, the others still remained, and on September 29th, 1804, there was held a meet- ing in the city of St. Louis as we have seen, which drew up a petition or memorial to the Government of the United States on these questions. The memorial set out at length the conditions that existed in the territory and called attention to all of the grievances which we have mentioned. The signers, fif- teen in number, who declared themselves to be the representatives of the entire population of Upper Louisiana, requested that the act which had been passed providing for the govern- ment of the territory should be repealed. They further asked that Upper Louisiana be erected into a separate and distinct territory with a government of its own.
The territories of the United States, at this time, were divided into three distinet grades, first, second and third, the lowest grade of the territory. Those having the least rights were those of the first grade. This petition to the Congress asked that Upper Louisiana should be made into a territory of the second grade. The removal of the Indians was also objected to as well as the action with regard as to the Spanish land grants made subsequent to 1802. The petitioners further asked that their right to own slaves should be expressly recognized. This act had forbidden the inhabitants of the territory of Orleans, as Lower Louisiana was ealled, from importing slaves. Nothing had been said in the aet, however, with regard to
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Upper Louisiana, and it was assumed by the inhabitants that since the right was not ex- pressly taken away, they still possessed it. This memorial prayed that this right should be expressly recognized. Another thing asked for was that funds and lands should be set aside by the Government of the United States for the support of a French and English school in every county of the district, and that further provision should be made at once for the establishment of a seminary where in- struction should be given in the higher branches of learning. This memorial was signed by the following persons: Richard Jones Waters and Eligius Fromentin of New Madrid, Christopher Hays, Stephen Byrd, Andrew Ramsay and Frederick Bollinger of Cape Girardeau, J. S. J. Beauvais and P. Detchmendy of Ste. Genevieve, Charles Gra- tiot, P. Provenchere, August Chouteau, Rich- ard Caulk, David Musick and Francis Cot- tard of St. Louis, Warren Cottle, A. Reynol, F. Saucier and Timothy Kibby of St. Charles; Choteau and Fromentin were ap- pointed as deputies and agents to present the petition to the Congress of the United States.
It will be easily seen here that the men here represented as petitioners were among the most prominent and influential to be found in all of Upper Louisiana. Fromentin, who was one of the agents for the presentation of the petition was one of the most distinguished scholars in the whole territory. He occupied a number of positions and in 1812 was made a senator of the United States from Louisiana.
The petition was presented to Congress on January 4th, 1805. After some discussion and delay, a bill was passed on the third day of March, 1805, which regulated affairs in the territory. By the terms of this bill all of Upper Louisiana was made into a separate
territory of the first or lowest grade and was called the Territory of Louisiana. It was provided in the act that the governor and three judges should be appointed with power to make such rules and regulations concern- ing affairs within the territory as should seem to them to be necessary for its government. The act was silent on some of the matters that were set out in the petition. We have already seen that the Indian question was practically settled by the action of the United States in regard to the Sacs and Foxes, which action evinced the determination of the government to remove the Indians to the far west, but the other questions raised by the petitioners and the other complaints put in by them were not adjusted by the Act of Congress. No pro- vision was made for confirming the disputed land grants and it is quite probable that the question of land grants was of all the ques- tions concerning the territory the one most pressing and most troublesome. It is rather peculiar that this matter was not fully settled until April, 1814. At that time Congress passed an act which confirmed the title of the grants made by Spain previous to the 9th day of March, 1804, that is, previous to the final relinquishment of the territory to the United States. This action, though it was long de- layed, finally settled the question of the valid- ity of the grants made from 1802 to 1804, but the question of these particular grants was by no means the only question regarding the Spanish lands, in fact there existed for a great length of time considerable uncertainty as to the validity of most of these grants. There seemed to be no way of finally determ- ining their validity, except by the action of the courts and it required a long period of time to dispose of the question of these land grants in a final and satisfactory way.
The act of 1805 which created the territory
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of Louisiana, defined the powers of the gov- ernor and three judges, established eourts, and made provision for the confirmation of the action of these various bodies. Under the terms of this act, General James Wilkinson was appointed governor of the territory, Joseph Browne of New York was made secre- tary, and James B. C. Lucas, John Coburn, and Rufus Easton were made judges of the court.
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