History of Dakota Territory, volume I, Part 3

Author: Kingsbury, George Washington, 1837-; Smith, George Martin, 1847-1920
Publication date: 1915
Publisher: Chicago, Ill. : S.J. Clarke Publishing Company
Number of Pages: 1198

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The purchase of the Territory of Louisiana by the United States came about without any premeditation on the part of this Government and so unexpectedly

HISTORY OF DAKOTA TERRITORY

that it was not known to President Jefferson, under whose administration it was accomplished, until several weeks had elapsed after the treaty ceding the terri- tory had been signed at the French capital. It was secured by peaceful methods, and the purchase was made because Napoleon was determined to sell, and not that the United States was predisposed to buy. The circumstances leading up to this transaction, and the consummation of it, appear to have been signally approved by Providence, beginning with the tyrannical decree of the Spanish governor at New Orleans, forbidding, in effect, the commerce of the Mississippi by American planters, up to the successful termination of the purchase. Spain, in enacting the role of an oppressor, was fostering the cause of human liberty.

In 1762 France had ceded the Territory of Louisiana to Spain and that nation held it for thirty-eight years, or until the year 1800. At this time the Duke of Parma, a son-in-law of the King of Spain, was desirous of securing for himself the succession to the Grand Duchy of Tuscany, that he might be raised to the dignity of a king, and have his dominion enlarged by the addition of Tuscany. In consideration of France giving assurances for these distinctions and enlarged territory in Italy, Spain agreed to the retrocession of Louisiana. The treaty of retrocession was known as the "Treaty of Idlefonso," and was consummated October 1, 1800. Prior to this time the relations between France and the United States had not been harmonious, due chiefly to the disorderly, unsettled, if not chaotic, condition of the French government. At one time, during the administration of President Adams, 1798, our Government was on the point of declaring war against France, and Washington, said to have been tendered the command of our armies, had accepted and had selected a portion of his staff. It could not, therefore, be agreeable to the United States to have an unfriendly power for so close a neighbor. Spain, however, continued to administer the government of Louisiana, while France owned the soil. In 1802 the Spanish governor of New Orleans took occasion to abrogate the treaty with the United States under which American planters along the Mississippi were given free navigation of that river and also were given the right to deposit their produce at New Orleans preparatory to its shipment by sca to Atlantic ports and to foreign countries. The enforcement of this interdiction and withdrawal of the right of deposit raised such a clamor that President Jefferson appealed to France and succeeded in having the Spanish act annulled; but the event had served to draw the attention of the world to this quarter. Napoleon, who was first consul, in the meantime had become deeply involved in war with Great Britain, then the most powerful maritime nation, and he realized the precarious situation of his American possessions, which he would have been unable to defend had England earnestly endeavored to make conquest of them. This was the situation when in 1803 President Jefferson, desirous of securing control of the Mississippi. instructed the American minister at the French capital, Mr. Livingston, to negotiate for the purchase of the Island of New Orleans and West Florida, and at about the same time dispatched James Monroe as a special envoy, giving him $2,000,000, to assist Livingston in his negotiations. Napoleon was apprised of the earnest desire of the United States to obtain New Orleans, and he had instructed his ministers not only to sell it, but to sell the entire Territory of Louisiana ; so that when our representatives made their proposition they were met by the counter proposal of France, to take the whole of Louisiana, New Orleans included. This was altogether unexpected, and no authority had been given them to entertain such a proposition. They were urged to an immediate decision. This desire on the part of Napoleon was not known to the representatives of the United States until the proposition was made. Napoleon, realizing the likelihood of England's ambition, had said to his minis ters, Talleyrand of the state and Marbois of the treasury departments :

The English shall not have the Mississippi, which they covet. The conquest of loxtr -1- ana would be easy if they only took the trouble to make a descent there. I have not a moment to lose in putting it out of her reach. 1 think of ceding it to the United States

HISTORY OF DAKOTA TERRITORY

They only ask of me one town in Louisiana; but 1 already consider the colony as entirely lost; and it appears to me that in the hands of this growing power it will be more useful to the policy and even the commerce of France, than if I should attempt to keep it. It is not only New Orleans that I will cede, it is the whole colony without any reservation. To attempt to retain it would be folly. I direct you ( Marbois), to negotiate this offer with the envoys of the United States. I will be moderate in consideration of the necessity in which 1 am of making a sale. But keep this to yourself.

The American envoys could not constilt the home Government for further instructions. The distance was great and time was preciotis and weeks would be required in which to obtain instructions from Washington. War was soon to be declared between England and France. Prompt action was necessary. Quickness in action meant the vast domain west of the Mississippi for our republic, as delay in action would mean it for England. Our negotiators read the future with the alternative before them, and they gladly accepted the issue, and soon there was an agreement for the whole of Louisiana. The article of the treaty conveying the territory to the United States reads as follows :

Article 1. Whereas, by the article, the third of the treaty concluded at St. Idlefonso, the 9th Vendemaire, an. 9 (1st October, 1800), between the First Consul of the French Republic and his Catholic Majesty, it was agreed as follows: "His Catholic Majesty promises and engages on his part, to eede 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 particularly 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.

As this description was very vague and unsatisfactory as to the definite boundaries and extent of the purchase, our envoys insisted upon a more specific definition. The domain east of the Mississippi had all been determined by various treaties, and the claims of the different nations were generally well known ; but the great empire lying west of the Mississippi contintied to remain a source of much trouble and uncertainty, as no satisfactory data was offered specifying the boundary, and none could be agreed upon. Marbois expressed to Napoleon the difficulty in reaching a definite conclusion as to boundary, and regretted the obscurity in which so important reference was made; but this did not trouble the conscience of Napoleon, who replied: That "if an obscurity did not already exist, it would, perhaps, be good policy to put one there." Even when questioned as to the eastern boundary, evasive answers were returned. "What are the eastern bounds of Louisiana?" asked Livingston. "I do not know," replied Talleyrand; "you must take it as we received it." "But what did you mean to take?" said Livingston. "I do not know," replied Talleyrand. "Then you mean that we shall construe it our own way?" said Livingston. To which Talleyrand made final reply : "I can give you no direction. You have made a noble bargain for yourselves, and I suppose you will make the most of it."

The date of this treaty was April 30, 1803. The treaties were sent to Wash- ington, as it was Napoleon's desire that ratification should be exchanged at Washington rather than at Paris. The papers arrived at Washington July 14. 1803, and October 17th, following, Congress was convened, and after much discussion and contention as to the constitutional authority of Congress to annex foreign territory to the Union, the treaty was ratified. Even with all this done, our purchase was not secure. Up to this moment Louisiana still remained in the possession and under the government of Spain. There had as yet been no stirrender to France under the Treaty of St. Idlefonso, October 1, 1Soo, and

JAMES MONROE Special ambassador to France in 1803

THOMAS JEFFERSON Third President of United States, 1803

ROBERT R. LIVINGSTON United States minister to France, 1803

BARBE MAR BORS Conducted the treaty with From 1-03

HISTORY OF DAKOTA TERRITORY

three years had elapsed since then. France was not in the occupancy of the purchase to comply with the treaty negotiated with the Americans. Indeed, when at last the treaty was made known to the Spaniards in Louisiana and even in Spain, protests were received at Washington from both quarters. The Spanish minister served notice on our Government-"that he had orders to warn the Federal Government to suspend the ratification and execution of the treaties of cession of Louisiana, as the French government in securing the province had contracted an engagement with Spain not to retrocede it to any other power. France not having executed that engagement, the treaty of cession was void."

It was thought by many that England had united with Spain to defeat the purchase. The French government had given orders that both transfers of authority should take place at New Orleans at the same time, so as to expedite the surrender to the United States before England could intervene.

Regardless of the Spanish protests, the French charge d'affaires at Wash- ington transmitted instructions to the representative at New Orleans for the transfer. The representative reached there on the 23d of November, 1803. A conference followed between the French and Spanish officials, and it was agreed to make the change. The Spanish troops and militia were arrayed in solemn procession, and in presence of those assembled the commissioners representing France and Spain proclaimed the missions they were charged to execute. The French commissioner presented to the Spanish commissioner the order of the King of Spain for the delivery of the province, dated more than one year previous, and with this was also presented the direction of Napoleon to receive possession in the name of France. The Spanish governor then surrendered the keys of the city, and thereupon the authority of Spain was withdrawn and the Spanish colors lowered as the flag of France was unfurled amid the booming of artillery. The authority of France continued for the brief period of twenty days, and then the last change was to occur, when the Stars and Stripes were to wave over the great empire west of the Mississippi and the Island of New Orleans. On December 20, 1803, the American troops marched into the metrop- olis and the French prefect announced :

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 fidelity to the French Republic.

Thereupon the American governor, addressing the concourse present, said :

The cession secures to you and to your descendants the inheritance of liberty, perpetual laws, and magistrates whom you will elect yourselves.

As the French colors came down, and the Stars and Stripes of the American Republic went up, the trumpets sounded, the troops saluted, and cheerful voices with lond huzzahs gave exultant welcome to the grandest and greatest of the young republic's triumphs, which "ranked in historical importance next to the Declaration of Independence and the adoption of the Constitution."

The summit of the Rocky Mountains. as Jefferson held, was accepted to be the northwestern boundary of the Louisiana Purchase, and our country's claim to the domain west of the Rockies was based on other claims which were well founded. The forty-ninth parallel has come down to us as the northern boundary west of the Lake of the Woods, though for nearly fifty years it was a matter of international dispute, and gave rise to a protracted controversy between the United States and Great Britain concerning that portion west of the summit of the mountains, known in early days as the "Oregon country." which from about 1820 to 1846 threatened to terminate in an armed conflict. Great Britain claimed all of that country north of the forty-second parallel. while the United States, disputing Britain's pretensions, insisted upon her right to all the domain

HISTORY OF DAKOTA TERRITORY

as far north as 54' 40' north latitude. The dispute was finally amicably settled by compromise, and the forty-ninth degree was fixed as the northern boundary of the possessions of the United States.

The United States came into possession of this magnificent domain of Louisiana at a cost of 60,000,000 francs in national bonds bearing 6 per cent inter- est, and in addition assumed the payment of debts owing by France to American merchants, amounting to about twenty million more. On this basis the treaty was consummated, the amount paid reduced to the United States dollar standard, allowing 512 franes to the dollar, being $15,000,000. In the light of subsequent history, must we not conclude that in this transaction Providence signally favored our country? When intelligence of the treaty reached the President and the people of this country, it was regarded with many misgivings and regrets, except in the Southwest, where the farmers were so vitally interested; and for a time the heads of Jefferson and the leaders of his party rested uneasily for fear that public opinion would be set against them and the Federalists restored to control at the national election in 1804. But as time passed the measure grew in public esteem and greatly strengthened the party in power.

The reader is probably familiar with the extent of the territory so acquired, from the Mississippi west to the summits of the Rocky Mountains, and from the Gulf of Mexico to the international boundary on the north, embracing an area of 875,025 square miles in extent and containing 560,016,000 acres, accord- ing to the official figures of the general land office of the United States. It embraced, as shown on our Government maps of today, nearly the entire State of South Dakota, three-fourths of North Dakota, nearly all of Minnesota west of the Mississippi River; all of Montana and Wyoming lying east of the main range of the Rocky Mountains; one-third of Colorado: all of Kansas save the southwest corner south of the Arkansas River; all of the states of Missouri, Iowa, Nebraska and Arkansas; practically all of Oklahoma, including the Indian Territory, and a large part of the State of Louisiana ; in extent about one-fourth less than the original thirteen states ; and larger than Great Britain, France, Spain, Germany. Italy and Portugal combined. Dakota Territory embraced one of the choicest portions of this grand domain, and after a half century of intelligent practical experience and development, we feel justified in claiming that it enclosed within its boundaries natural resources as varied, as useful, and as necessary to mankind as any area of Mother Earth of equal extent in any portion of the globe. A law was enacted by Congress, that was approved by President Jefferson in March, 1804, giving to the newly acquired country a stable form of government. The lower portion of the land was named the Territory of New Orleans, and the upper portion was named the Territory of Louisiana. Dakota Territory is a part of Louisiana.

CHAPTER II LEWIS AND CLARK EXPEDITION 1 804

THOMAS JEFFERSON'S EFFORTS TO SECURE THE EXPLORATION OF THE MISSOURI VALLEY-FIRST EXPLORATION PLANNED FROM EASTERN RUSSIA-SECOND ATTEMPT THWARTED BY THE FRENCH-THIRD EFFORT UNDER LEWIS AND CLARK SUCCESSFUL .- JEFFERSON'S MESSAGE URGING AN EXPEDITION-CONGRESS FAVORS -LEWIS AND CLARK ON THIE WAY-ENTER THE FUTURE DAKOTA, AUGUST 21. 1 804-MINERAL POISON IN THE WATER-ELK AND BUFFALO-THE VERMILLION VALLEY AND SPIRIT MOUND.

Thomas Jefferson, the third President of the United States, would seem to have been the first of American statesmen whose interest was aroused regard- ing the nature and resources of that portion of our country west of the Missis- sippi River. Even before the formation of the Federal Government he had been party to an agreement in Paris whereby John Ledyard, a famous traveler and explorer, was to make a trip through Russia to Kamschatka by land, thence across the Behring Sea to the Alaskan coast in some Russian vessel engaged in the American Pacific fur trade, of which there were quite a number, thence down into the latitude of the Missouri, and thence to the United States. Ledyard started on this journey with the consent of the Russian government, and reached within 200 miles of Kamschatka, where he was obliged to halt for the winter. In the meantime the Russian empress had concluded to prevent the enterprise. and as he was preparing to resume his journey in the spring. he was arrested and taken to Poland. This ended the enterprise.

"In 1782," using the language of Jefferson, "I proposed to the American Philosophical Society that we should set on foot a subscription to engage some competent person to explore that region in the opposite direction-that is, by ascending the Missouri River, crossing the stony mountains and descending the nearest river to the Pacific. Captain Lewis warmly solicited me to obtain for him the execution of that project. I told him it was proposed that the person engaged should be attended by a single companion only to avoid exciting alarm among the Indians. This did not deter him ; but Mr. Andre Michaux, a professed botanist, offering his services, they were accepted. He received his instructions, and when he had reached Kentucky in the prosecution of his journey. he was overtaken by an order from the minister of France, then at Philadelphia, to relinquish the expedition, and to pursue elsewhere the botanical enquiries of the government ; and thus failed the second attempt for exploring that region."

In 1803 the act for establishing trading houses among the Indians being about to expire, some modifications of it were recommended to Congress by a confidential message of January 18th and an extension of its views to the Indians on the Missouri. Congress approved the proposition and voted a sum of money for carrying it into execution.

The portion of the message referred to by the President is the following, the preceding portion of the document being taken up with recommendations regarding the Indians east of the Mississippi, among whom the Government

HISTORY OF DAKOTA TERRITORY

had established public or Government trading houses in order to stop the nefarious plundering of the Indians by private traders whose extortions had occasioned much trouble.

While the extension of the public commerce among the Indian tribes may deprive, of that source of profit, such of our citizens as are engaged in it, it might be worthy the atten- tion of Congress in their care of individual as well as of the general interest to point, in another direction, the enterprise of those citizens, as profitably for themselves and more usefully for the public. The River Missouri and the Indians inhabiting it are not as well known as is rendered desirable by their connection with the Mississippi, and consequently with us. It is however understood that the country on that river is inhabited by numerous tribes who furnish great supplies of furs and peltry to the trade of another nation, carried on in a high latitude through an infinite number of portages and lakes shut up by ice through a long season. The commerce on that line could bear no competition with that of the Missouri, traversing a moderate climate, offering, according to the best accounts, a continued navigation from its source, and possibly with a single portage from the western ocean, and finding to the more southern latitude a choice of channels, through the Illinois or Wabash, the lakes and Hudson, through the Ohio and Susquehanna, or Potomac or James rivers. An intelligent officer with ten or twelve chosen men, fit for the enterprise and willing to undertake it, taken from our forts where they may be spared without incon- venience, might explore the whole line, even to the western ocean, have conferences with the natives on the subject of commercial intercourse, get admission among them for our traders as others are admitted, agree on a convenient deposit for an interchange of articles. and return with the information required, in the course of two summers. Their arms and accoutrements, some instruments of observation, and light and cheap presents for the Indians would be all the apparatus they could carry, and with an expectation of a soldier's portion of land on their return, would constitute the whole expense. Their pay would be going on whether here or there. While other civilized countries have encountered great expense to enlarge the boundaries of knowledge, by undertaking voyages of discovery, and for other literary purposes, in various parts and directions. our nation seems to owe to the same objects, as well as its own interests, to explore this, the only line of easy communication across the continent, and so directly traversing our own part of it. The interests of com- merce place the principal object within the constitutional powers of Congress; and that it should incidentally advance the geographical knowledge of our own continent, cannot but be an additional gratification. The nation claiming the territory, regarding this as a literary pursuit, which it is in the habit of permitting within its dominions, would not be disposed to view it with jealousy, even if the expiring state of its interests there did not render it a matter of indifference.

The appropriation of $2,500 "for the purpose of extending the external commerce of the United States," while understood and considered by the executive as giving the legislative sanction, would cover the undertaking from notice and prevent the obstructions which interested individuals might otherwise previously prepare in its way.

THO. JEFFERSON.

This message was transmitted to Congress several months before the Louis- iana treaty was made with France.

The enterprise having obtained the sanction of Congress, the President immediately made choice of Capt. Meriwether Lewis to command the expedi- tion, basing his action and confidence on his intimate personal acquaintance with the man and officer, regarding whom the President gave the following unqualified indorsement :

Captain Lewis, who had then been near two years with me as private secretary, im- mediately renewed his solicitations to have the direction of this party. I had now had opportunities of knowing him intimately. Of courage undaunted, possessing a firmness and determination of purpose which nothing but impossibilities could divert from its direction : careful as a father of those committed to his charge, yet steady in the maintenance of discipline: intimate with the Indian character, customs and principles; hahituated to the hunting life: guarded, by exact observation of the vegetables and animals of his own country, against losing time in the description of objects already possessed ; honest. disin- terested. liberal. of sound understanding and a fidelity to truth so scrupulous that whatever he should report would be as certain as if seen by ourselves ; with all these qualifications. as if selected and implanted by nature in one hody, for this express purpose, I could have no hesitancy in confiding the enterprise to him.

Captain Lewis selected as his associates in the enterprise, William Clark, a lieutenant in the army and a younger brother of Gen. George Rogers Clark, conspicuous in the Continental army during the Revolution. Lieutenant Clark

WILLIAM CLARK

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History of Dakota Territory, volume I, Part 3

Author: Kingsbury, George Washington, 1837-; Smith, George Martin, 1847-1920 Publication date: 1915 Publisher: Chicago, Ill. : S.J. Clarke Publishing Company Number of Pages: 1198

Author: Kingsbury, George Washington, 1837-; Smith, George Martin, 1847-1920
Publication date: 1915
Publisher: Chicago, Ill. : S.J. Clarke Publishing Company
Number of Pages: 1198