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32X

TIIK

HISTORY OP LOUISIANA,

I'AHTIrlL.vni.Y

OF THE CESSION OF Til \T COLON \

TO TliK

UNITED STATES OF AMERICA:

Avnii

AX IlVTRODrCTORY ESSAY

o\ Tin;

CONSTITITTION AND GOVEIIN.MENT

or Tin;

UXIT.ED STATES.

BY RAIilil^: MAKBOIS,

ru.n (IK KiUNfK, J<c. Uc. ^c.

^vnmintCo horn the .iFrcnrh

in A.N A-ar.iuc v.v ( rnzr,.\.

t : r,;-

PIIILADKLPH'A:
CAREY & LEA.

1830

4c^J.

vy^^AH

KASTKRN DISTHTCT OF PfiXXSVLVANIA, To ;uf

UK II- KKMKMHKUKI), tliat on tlio ei,ij!ith day of January, in the fiftv.
toui'th yciu- ()< the Independence of the United States of America, A. D. 1830,

CARKV Si LKA,

of the said district, have deposited in thi^ office the title of a hook the rieht
wliL-reol they claim as proprietors, in the words fr)llo\\ing-, to wit:

" The History of Louisiana, particularly of the Cession of that Colony to the
" United .states of Aimriia; with an Introductory Kssay on the Constitu-
" tion and (.ovcrnment of the United States. Bv Harhd NLirbois, Peer of
" I'rance, &c. !kc. ike. Translateil from the French by an American
" Citizen."

rn conformity to tlie Act of the Coiig-rcssof the United States, entitled, "An
Act or the Kncoiirai^-ement of Learning, by securing the Copies of Maps,
(harts, and Hooks, to the Antliors and I'roprietors of such Copies, durine' the
times therein ni. titioned"— Aiul al.so to the Act, entitled, " An Act supple-
mentary to an Act, entitled, ' An Act for the Encouragement of Learning, by
securing the Copies of Maps, Charts, ami Ijooks, to the Authors and Proprie-
tors ot such Cupi, s, during the times therein mentioned,' and extending the be-
nt hts tlu reot to the arts of designing, engraving, and etching historical and
other prints." °

1). CALDUKLL,

('hr/i of the Eiist(y)i Ditlrift. of Pcnnsvlvania.

which I
less to t
of justic
A freqiK
der youi
he perm
auspices
Xheg
my profc

»;iuii:;s ^ i>:rKiNSn\, im;imkiis.

OKOIXVATICKX.

he fiftv.
). 1830,

le right

i to the
onstitu-
Peer of
nerican

i, "An

" Maps,
ing the
siipple-
ing, by
'roju-ie-
tho be-
:al and

ima.

TO ms KOVAI. miillNKS.S, THK DAII'IIIN.
Sir,

If you lave read, with some interest, tlie book
which I have the honour to dedicate to you, I owe it
less to the facts that 1 have related than to the maxims
of justice and virtue which you have remarked in it.
A frequent witness of the benevolent actions that ren-
der your person so dear to us, I have been anxious to
be permitted to luiblish my book under your happy
auspices.

X beg your Royal Highness to accept the homage of
my profound and respectful devotion.

BARIIK M VKBOrS.

i I;

COXTKNTS.

ri'anislaior's Notice. - ....

I'ret'acC;

Introduction. — Essay on the Constitution and (iovcrnment
of the United States, - •

History of Louisianii. — Part I. — Louisiana under the Sove-
reignty of France and Spain.— The relations of the colo-
ny with St. Domingo, ~

History of Louisiana — Part i I. —Cession of Louisiana by
France to the United States, .....

History of Louisiana.— -Part HI.— Execution of the Treaty
of Cession.— Events arising from the Cession,

Appendix, . . . , .

101

■h25

317
401

Mo SI

tutions

such ill

very iiia

rival in

placed i

ploy a f

iicr mor

making

was in h

in Kuroj

specting

not be \\

America

uii cnlig

iiouncetl

The fi

In trod uc

vernmeni

subseque

into whi(

divided,

the work

weiR to I

TUAXSLATOR'S XOTICE.

Most foreign books which have treated of the insti-
tutions of the United States have been compiled with
such illiberal feelings, and are at the same time so
very inaccurate, that when, a short time after ray ar-
rival in Paris last autumn, the following book was
placed in my hands, I conceived that [ could not em-
ploy a few weeks' leisure more usefully, nor in a man-
ner more congenial with my former pursuits than by
I making it generally accessible to my fellow -citizens. I
was in hopes that, while the circulation of the original
in Europe dispelled many unfavourable prejudices re-
specting my nrtivc country, my humble labours might
not be without some etl'ect in attaching the people of
America still more firmly to those institutions, on which
:in enlightened and distinguished foreigner had pro-
nounced a high encomium.

The friendly spirit alluded to h not confined to the
Introductory Kssay, which particularly (reats of the go-
vernment, but will be found to pervade the whole of the
subsequent >listory. Even while the politi<"al parties,
into which the people of the Tnited States were lately
divided, were doing every thing in their power to induce
tlie world to believe that on the election of a prcfsident
woi»> <() depend tlio fuliirc •Ic'^tinics of that great and

Mil

TRAN.iJ.A l»)|; - NOTU t.

l»vo.sperous uiitioii; the jiuthor, uj»iimatiiii; nioro lavoui-
Jibly tin; nature of the American iiistitutiuus, tonti-
cleatly stated that, " whatever might he the result of
this domestic contest, tiui wisdom of the constitution
Avas a guarantee as well for the moderation of the ge-
neral as for i]n\ firmness (»f liie magistrate."

Hut the History of Louisiana and of its cession pos-
sesses claims to attention, though of a dinVrent cha-
racter. It makes the citi;;en of the United States
ac(|uai!itcd with the origin of his country's title to a
territory, the importance of which, hcfore the lapse of
many ages, will he scarcely inferior to that of all the
states of the original confederacy combined; and it un-
folds to the statesman a diplomatic transaction, little
noticed at the time, which must hereafter exercise the
greatest influence on the general balance of power
among the nations of Christendom.

In most of the important events to which he alludes,
the Marquis dc Marbois had a direct participation, and
as few foreigners can be named, whose ofllcial relations
have been more beneficial to the United States than
those of this respected individual, a cursory notice of
his life may not be unacceptal)le to readers on the other
side of the Atlantic. In r'rencli History he has long
held an important place.

Harbe Marbois was born at Met/ in 17 15. He ear-
ly entered the diplomatic service, and was aj>pointed in
17G9 secretary of the French legation to tiie diet of the
empire, wiiich held its siUings at Katisbori. From
'his post he was, two years afterwords. Ivau^ferred. in

ihc san
IJavari.'i

Oil l|IMt

iiitetilioi

( ording!

Metz.

(Irawn li

revoliai(

The i

ly to es]

eluded 1

a nee. .in

money v

the fiinc

were at i

nary ca^^

the neir(

United .^

uig retii

bv the V

great rea

of legal i(

united, a

ngent in

Vpril, 17

and M. (]

in which

1785 as 1

he posse*

lonls. \

I I'. \V»I \ l.lli -^ Nil IK I'.

rrnv-

tlic same diarnrter to Drosdcn, ulioro, as well as in
IJavaria, lie I'di- some time oH'k i.ilcd as char2;e <rallaires.
Oil qiiiuiiis; t!ie laUer ( unit lie »^cenis to have had the
intention of enteiini; on another laieer, and he was ao
(()i'dinL;ly received as a coiinselloi' of the parliament of
.Met/, lint iVoni his new pnrsnils he was soon with-
drawn hy the oiler of employment in America, whoso
levolnticMi then attracted universal attention.

The government of France, havini:; d( termined open-
ly to espouse the cause of the Knu;lish colonies, con-
cluded with them in ITT^*: treaties of amity and alii-
auce. and of commerce. As ellicient aid in men and
money was pnunised hy its ally to the new republic,
the fiincti(nis of the Krench le!;ation to the congress
were at that time far nn)re important than in the ordi-
nary cases of tliplomatlc rejiresenlalion. .M. (ierard,
the nei:;otiat(n' of the treaties, who was sent to the
L'nited Stales in 177s as minister plenipotentiary. Iiav-
in;;' returned home the followins; year, was succeeded
hv the (Mievalicr de la Ln/erne. M. de Marbois with
great readiness accepted the appointment of secretary
of lc;^'ation, with w liich place that of consul j^eneral was
united, and It is well known that he was the principal
agent in the important operations of the embassy, hi
.Vpril, 17<S1, M. de la l-u/erne took leave of congress,
and M. de Marbois was recognised as charge fl'an'aires,
ill which situation he remained till his appointment in
1785 as intendant of St. Domingo, an oHicc ftn* which
he possessed, in an eminent degree, the appropriate ta-
IfMils. While in the Tnited States, he mavriefl a lady

i H AN.-,!, V'lOK > \<t il( 1..

of IMiiladclpliia, l)y whom lie liail a diuisjlitcr, now tlie
wife of the Duke of Plaisaiice, the son of liU Hrnn.
one of nona|)arle's colleagues in the consulaic.

In nW) Aiarhois letmned to France, and was named
hy Louis \\ I. his minister to the Diet at llatisbon,
but vecoived instructions to proceed first oa a special
mission to the Kniperor Leo|)oid. At this time, though,
the kinu; still remained an integral part of the constitution,
the revolution had made great progress. The princes
of the roya? Mimily and a large portion <d' the nobility
/ad actually exiled themselves, and were preparing to
attempt the recovery of their privileges by force of arms.
VViien M. de Marbois came back to Paris from V ienna.
he found that every thing indicated the near approach
of those bloody scenes wldch disgraced French liberty.
Me asked [lermission to resign his place, which was
granted; Ihe king and also t!ie c(uecu, at the same time,
graciously signifying that he should be preserved for
better tir.ies.

During the reign of terror whicl succeeded, M. dc
iVlarbois's name having been placed on the list of emi-
grants, he was imprisoned, and recovered his liberty
only wi(h the fall of Robespierre. Coder the consti-
tution of the dire( tory he ngain engaged in public af-
fairs. How far he was from upholding that old system,
the nbuses of which time had reiulered intolerable to
an enlightened nation, is sufliciently manifest from the
whole tenor of his writings, hi jl'e council of au-
cients, to which he was elected in l'V^'^. he proved thai
however much he mi:;ht coudemn the excesses of .he

rK\N>l.\ 10!l S NOJK i;.

.\l

rcvolnlioii, to wliich 1k' \v;vs :i strnni^or, his senlimaiits
vvcro tlioso of :i Krcuclimaii. Hi- [kimI a just trihuti; to
the merit of the ainiy of Italy, and of its iUustrious
chief, at the same time that he attacked, without suc-
cess, the law whicii excluded from the public service
nol)les and the families of cmiiijrants.

iu 1797, wheu the contest took place between a ma-
jority of the directory and the lej^-islature, M. de Mav-
bois was president of the council of ancients, and had
a irrcat share iu the nomination of M. I?arthelemv as
one of the directory- A powerful faction having pre-
Vttiled by a revolutionary movement, IJarthelemy and
Carnot, two of the directory, as well as several mem-
bers of both the legislative councils, Averc subjected t(>
a species of ostracism. In this num!)er M. de Mar-
bois was included; he was transported, under circum-
stances of peculiar aggravation, to the pestilential re-
gions of Sinnamavi in (ir.iana. Ue remained there iu
exile till i(SOO, when he was recalled by the directory
to the inhospitable island of Oleron, and sooti after Ho-
naparte. becoming iirst consul, annulled the unjust sen-
tence against him and his companions in misfortune.

On M. de Marbois'S restoration to his <;ountry, he
was made a counsellor of state and director of the pub-
lic treasury. The latter office was changed in IfsOl to
that of minister of the ])ublic treasury, when he be-
came a member of the cabinet. While in this situa-
tion, the negotiations with the United States for the ces-
sjou of Louisiana, which gave rise to the present Work,

I ■i^

Xil

TRANS'. ATOK S .VOTH F!.

-wei'c confided to liini as (he plenipotentiary on the part
of the Frencli repnblic.

In 1805, he re(;eived from Napoleon several honora-
ry «llstinctions: hut heinii; aver.^c to a system, which
substituted for the usual sources of reven. e extraordi-
nary contributions from all the neighbourini^ states, the
conse(|uenccs of which Marbois foresaAV must ultimate-
ly he a general coalition of Europe against h'rance, he
resigned the ministry of the treasury in 1806, and re-
tired to tiie country. Jle was, liowcver, recalled to Pa-
ris, two years afterwards, to fill the office of first pre-
sident of the court of accounts — the tribunal which has
jurisdiction in all cases affecting the public receipts and
expenditures.^ In 1813, he was made a senator of the
empire.

On the restoration of the Hourbons in i8ll, the king
created M. dc Marbois a peer, and he was confirmed
in the presidency of tiic court of accounts. Having
been exiled by Napoleon, during the hundred days, he
was on the return of liouis Will, named minister,
secretary of state, and keeper of the seals; but he soon
after resigned this otficc to resume his former place in
the court of accounts, the duties of which, though now
eighty -four years of age, he still performs with the
greatest exactitude. He is also constant in his at-

* All tlio Frt'iicli loiiiis are (lividoil itilo c!iauiboi« or seclioii?.
each of wliidi Ikis its own president. 'J'lio i'n>( president is the
maj^istrate who presides over the wliolc court uhen the several
chambers meet tou;ether on important occasions. Tiie pidjlic ac-
rounts arc setUod bv judicial forms.

lendanc

in most

ing of I

mission

all insti

the con

gages ^^

merous

ed to be

sion of

Tiie

his findi

ting the

on the I

varia, h

Finance

linglish

of Arnc

United i

ral spir

soon aft(

scholar.

Accur

it is not

lowing \

rected fr

observat:

to the Ai

accompa;

>he App(

TKANS!.\ rOH S NOTH K

Xill

uMuIance in the house of peers, wlicie he takes part
in most of the important |»ro(ee(liiii:;s: and. at the open-
ing; of the present session, he >vas named on the tora-
mission to whom the kinii;*s speech was referred. In
all institutions haviuij; for their olijecl the melioration of
the condition of his feWow heiui^s, M. de Marhois en-
i^ai^es witii deep interest, and, notwithstandiui; his nu-
merous engagements, he has within a few days consent-
ed to be a memher of a council formed for the suppres-
sion of mendicity.

The lahours of M. de Marhois Iia\e not prevented
his finding leisure for literary pursuits, liesides wri-
ting the Introduction to the Count de (»oerl^'s Memoir
on the Negotiations of 177S for the Succession of lia-
varia, he is the auliior of several works on Morals and
Finance, and of some translations from (lerman and
liinglish. lie likewise published, in fHlG. an account
of Arnold's conspiracy, preceded by an essay on the
United States, w hich is cliaracteri/ed by tlie same libe-
ral spirit as the present Treatise. It was translated
soon after its appearance by a distinguished American
scholar. .

Accurate as is the Manjuis de M.ubois in general,
it is not improbable tiial the reader may find in tiie fol-
lowing work errors of detail thai might have been cor-
rected from public documents, iiad they fallen under the
observation of the venerable writer. The instructions
to the American plenipotentiaries, and their despatch,
accom[»anying the Louisiana (reaty, are published in
>hp. Apj)endix i<» the prt'^out ediium. \ few notes have

XIV

I kanmla rORs NoiH ^.

also been inserted, but I h'ive not Jelt myself at liberty,
except in a sinj;le instance, to make any comments on
tlie opinions wiiicli M. de Marbois lias tbrmed respect-
ing either the political parties of the country or the
prominent American statesmen, to Avliom he has occa-
sionally alluded.

After these explanations, 1 will only farther observe
that in submitting the History of Louisiana to my fel-
low-citizens in the United States, I pretend to no other
merit, and wisii to assume no other responsibility than
that of a faithful

TIIANSLATOU.

' Paria, AIui/, 18'3'J.

iMany

)ivion, f
acquain
rcer of
which ]
r:;^ should
which I
have ha
ing neai
really al
of years
same tii
writing
cupatioi
Thct
since, c<
to rcgrc
more at
faith. 1
tialion \
light on
mil' the

PREFACE.

Many facts worthy of being preserved pass into ob-
livion, from not being recorded by those who arc best
acquainted witli them. A witness during iriy long ca-
reer of various important pubHc events, in some of
which I took part, I always intended, as soon as I
should have leisure, to write an account of those in
which I was directly engaged. From year to year, I
have liad rLason to think that this moment was draw-
ing near; though, whether I deceive myself, or am still
really able to attend to business and support the weight
of years, I have not yet rosoled on retirement. At the
same time, 1 have not thought proper longer to delay
writing the History, which I now publish, and this oc-
cupation has been to me a source of relaxation.

The treaty, by which Louisiana was, twenty-six years
since, ceded to the United States, has lately given rise
to regrets, which have appeared to me to merit the
more attention from their being entertained in good
faith. I have conceived that the history of that nego-
tiation would dissipate some errors, and might throw
light on the doubts which have been suggested respect-
ing the policy of the measure.

. : ,,i^

\V1

l'KKF\( K.

France had, in 1802. jnst recovered Louisiana bv
treaty. (Uit, slie had not yet taken possession, when
a war broke out between licr and Knghmd. Could \vc
liope to retain that colony? Admitting that it might
liavc been retained, and tliat it would, at a future dav.
become useful to the mother country, did it offer sufli-
cicnt advantages to indemnity us for the expense of its
settlement and defence? As an independent state, will
it not make more rapid progress than if it were sub-
jected to the laws of monopoly? Will not its con-
?;tantly improving condition be more advantageous to
our commerce thaw its possession and exclusive go-
vernment would have been? Already, the doubts are.
in part, removed.

f have put in order some materials, which 1 long

since prepared for this narrative. The circumstances
respecting the cession of Louisiana were not, at all.
known in France, where even the treaties have never
yet been authentically published; but it is in the great
collection of the diplomatic transactions of the United
States that the principal documents arc to be found.
It will, pcrhai)s, be observed that the object of the ne-
gotiation was not to put an end to a war; that it was
not accompanied by any remarkable incident, and that
it was prom{)tIy terminated. It may then well excite
surprise that it should furnish matter for a large vo-
lume, whilsi so many other treaties, concluded after
many conmiunications and long conferences, only oc-
cupy a few j)agC3 in history. !">ut most of these trea-
ties have been so badiv observed, and their influence

has beci
without
of socio
the cessi
tajit pos
come, b
i^uropc
crowned
armies, ;
gloriousl
the wiio
caused il
uHce of
morality.

This!
many go
duces,
day, into
They arc
late of m
(letads w
lievo thai
sufficient
lume. I
of shedd
joicc tha

[ have
Literatui
had con
consolati

I'IIF.FA( K.

-Wli

long

lias been so iransitory, that tliey may be i'orgottcn
without much allbctinir the instruction or the interests

'M oi' society. On the otlier hand, tlic consequences of
the cession of I.ouisiana will extend to the most dis-
tant posterity. It interests vast regions tliat will be-
come, by tlieir civilization and power, the rivals of

' P.urope before another century commences. It lias
crowned the important work to which Louis XVI., his
armies, and the statesmen, who composed his council,
gloriously contributed. The great advantages which
the whole world lias derived from that event have
caused it to be forgotten that, at the time of the alli-
ance of 177il. pohtics did not conform to the laws of
morality.

This History is about to appear in the midst of the
many good and bad books, which every season j)ro-
duces. But is there any one which entering, at this
day, into a library, dares to look for a place there.''
They uvc all occupied. I know not what will be the
Ihlc of my book. If the great historians find in it some
details worthy of being remembsred, 1 beg them to be-
lieve that they arc true. Two of their pages will be
sufficient lor the recitals of which I Jiave made a vo-
lume. If some of the maxims have the happy efiect
of shedding a new lustre on public virtues, I shall re-
joice that I Iiavc had an opportunity of writing them.

I have had my share in the calamities of our times.
Literature and study, which, m tranquil circumstances,
liad contributed to my happiness, were my principal
consolation in adversity. They have inspired in me

will

I'JUlFAf F..

an attaclmicnt lor liberty, regulated by wise laws.
They aided me to support with courage an unjust and
rigorous captivity. I may, perliaps, be permitted to
add, that in every situation of my life, whether prospe-
rous or adverse, I have always believed it to be my
duty to render my labours useful to my country. May
those who read the recital on which I am entering, re-
cognise in the sketch that I have traced of the institu-
tions of the United States, my attachment for those ol
France, and my firm persuasion that our happiness iy
closely connected with the faithful observance of oui
new laws.

IJVTRODITCTIOJIV.

ESSAY ON THE CtWSTlTUTIOxV AND GOVEHNMENT OF THE
UNITED STATES OF AMERICA.

KSSAV

try

Ihe
antiquit
Their 1
and coi
versed
gated v\

No f;
of mod(
the Egc
first per
acts of
barous,
do in wh
them du

Thes<
serted ii
which,
their ful
and sooi

IXTRODUCT ION.

i:SSAY ON llIK ( ONSrnr-KON and «.tlVKUNMENr <»F riiK
I'MTKl) J^IAIKS Ol- \MKI{|( A.

The origin of the greatest part of the nations of
antiquity was attended with extraordinary occurrences.
Their legislators proclaimed themselves the organs
and confidants of gods and goddesses. They con-
versed with them, and the laws which they promul-
gated were dictated by a mysterious power.

No fable is connected with tlic primitive legislation
of modern colonies. A benevolence truly divine was
the Egeria of William Penn. If, from the history of the
first period of the English settlements, we efface some
acts of fanaticism, and of an intolerance always bar-
barous, often hypocritical, we shall find that the wis-
dom which presided at their infancy, never abandoned
them during the most violent storms of their revolution.

These colonies, without viokting their charters, in-
serted in their rising institutions a principle of liberty,
which, from their very cradle, prepared the way for
their future emancipation. Better constituted, freer
and sooner peopled than the colonies of other nations,

m
IN

IM KOIM ( TI()\.

iftiicyliati fewer motives for se|)arating from tlicir mo-
tlier country, tlicy were also better prepared for inde-
pendence. 'J'lieir settlement oidy dates back a century
and a half; but tiieir prof^a-ess lias been very rapid, and
wo will set out from their earliest epoch, in order to
recall some circumstances connected with their origin,
and [)resent their princij)al results.

The discovery of America has iiad, durin^; three
hundred years, a great intlucncc on the destinies of
the old world. The independence of the United States
will produce conse<iucnces still more important: it is.
as it were, a second discovery. An irresistible impulse
is given to all civilized countries. The liberty of the
Sj)anish kingdoms in America has been probably ad-
vanced by it a century. Tiiis great event, which Co-
lumbus was far from foreseeing, is the most glorious
result of his bold labours. Europe already participates
in tiiesc liappy changes. Some centuries will elapse
before an end is put to despotism and slavery in Asia
and Africa, but our posterity will witness even this
other astonishing event.

It was not the wisdom and policy of the govern-
ments of Hurope, but religious persecution and the
vices of large towns, that peopled and cultivated Ame-
rica. These remote settlements offered to European
rulers the means of freeing themselves from religious
dissenters as well as from vagabonds, libertines, and
convicts. The latter description of persons were sent,
at first, in very snjall numbers, and it was only towards
the middle of the last centiu'y that transportation for

INTtloni (I ION.

I!»

crimes was carried to a j^rcat extent. Sixty years ago,
rranllin, in emmieratiiii; the j^^ievaiices of the colo-
nies, said to the Knghsh : •• An act ol" parhaineiit lias
authorized you to do us, by em|)tyin;jj the contents of
your prisons into our cities, tlie greatest injury that can
be inthcted on a people." This was the universal sys-
tem of the maritime i)Ouers. It was without any de-
sign on the part of the statesmen of those days that the
agricultiual colonies have become the honour and hap-
piness of the human race. It was the Catholics, the
Puritans, the Huguenots, the Calvinists, and the Qua-
kers who contributed most ed'ectually to i)revent the
evils which would have resulted from the presence of
criminals condemned to banishment. These sectaries
brought to America frugal and austere habits, and they
were all either well educated or conversant with some
branch of industry.

l?ut these unfortunate settlers were in many of the
provinces, exposed to new persecutions. Some of them
were cruelly treated, and the prevailing sects obliged
the more feeble to seek elsewhere a new asylum. It
may be observed that the colony of Maryland, which
had been the refuge of the Catholics, was the most to-
lerant ; it was successively peopled by dissenters, pro-
fessing different tenets and escaping from the place of
their first voluntary exile.

In the vear I C62, Connecticut received from Charles
II. a constitution which bound it but slightly to the mo-
ther country, and was iranicd with sucli wisdom, that
the only chanirc which it underwent at the Revolution.

f }

!1 U

IMUODICTION.

\\r

was the substitution of the name of state for that of
king.

In 1818 this state gave itself a new constitution, the
articles of which differ very little from those of its
charter. The charter which Charles II. granted to
Rhode Island, is dated at the same period with that of
Connecticut. The people have found in it sufficient
guarantees and have not been disposed to make in it
the least alteration.

Locke, who wa? employed to prepare a charter for
Carolina, did not succeed so well: he introduced in it
seignors, barons, landgraves, cassiques, and r^ilatines.
This charter and all those which were drawn up by
the counsellors of the crown underwent great changes
to suit the views of the colonists. The governors
could no where prevent the formation of those assem-
blies of delegates, which constitute the strongest as
well as the most eftectual restraint on abuses.

The colonists had, from the earliest times, frequent
quarrels with their mother country, and projects of se-
paration appeared long beibre the Declaration of In-
dependence. This disposition will seem the less sur-
prising, when it is remembered that the most numerous
portion of the inhabitants of some of the provinces
were not of English origin ; and that all of them, from
whatever nation they came, had fled from persecution,
and preferred liberty among savages to oppression in a
civilized country. The Dutch emigrants had brought
into the colony of New York sobriety, industry, useful
rules of economy, and an inclination tor trade. A low

Swedes
ral habit
A great
and Irisl
pled Soi
French f
to settle
lerance
of Fran(
sincere t
l-iouis X
The p
as free n
same civ
tions on
kinds of
could su;
also, as z
formed ii
liom the
plained i
very late
this doci
planters
there; w
their wai
land, ant
})Oudenc<
of the en
"^lune int

ill

INTRODUCTION.

Suedes oi" upright cliaractcr, and of religious and mo-
ral habits were spread over Nov. Jersey and Delaware.
A great part of Pennsylvania was settled by Germans
and Irish. The revocation of the edict of Nantes peo-
pled South Carolina with many industrious and rich
French families: these unfortunate refugees had wished
to settle in Louisiana, but were excluded by the into-
lerance and bigotry which then governed the councils
of France. The historians of America render their
.sincere thanks for this persecution to the ministers of
Louis XIV.

The planters and inhabitants of the English colonies,
as free as the English themselves, and enjoying the
f^ame civil rights, were subjected to very ocvere restric-
tions on their trade and navigation, as well as on all
kinds of manufactures, with which the mother country
could supply them. The British government held it,
also, as a maxim, not to sufler any settlements to be
formed in the interior of the country or at a distance
fi'om the coast. The motives for this policy arc ex-
plained in a Report, which was only made public at a
very late period. '• The territories of the West," says
this document, »' arc fertile, the climate is temperate,
planters would meet with but few obstacles in settling
there; with little labour they would be able to satisfy
their wants; they would have nothing to ask of Eng-
land, and no returns to oflcr her." When the corres-
pondence of some of the governors and other officers
of the crown was published, it was found to evince the
"^ame intention of not favouring the mdustry of the co-

'\i

•>9

INTIIODUCTIOX.

lonists, and tlic same fear that tlicir independence might
be the result of a less exclusive system.

It cannot, however, be said that the English colonics
were tyrannically governed. No colonies in the world
have enjoyed so many privileges ; and if the general
government of the United States can exercise over
them an authority more extensive and less contested
than t'ije kings of England ever possessed, it is be-
cause there is in the nature of the Federal Govern-
ment a tendency to impose limits on itself. The Eng-
lish governors only sought to extend their powers; —
congress attentively confines itself within its proper
sphere.

Every thing was ripe for a revolution ; the duties on
tea and the stamp act w^re only a pretence. The vio-
lent proceedings of the mother country taught the Ame-
ricans that their liberty was in jeopardy. The danger
aroused all those to whom this libei'ty was dear; and
when it is recollected with what ardour they sacrificed
their repose, their lives, and their fortunes, it must be
acknowledged that the fear of losing an inestimable
good could alone have inspired so nmch courage and
devotion.

They addressed themselves, at first, to their sove-
reign, not with their knees on the ground and quire-
full of mournful complaints in their hands; but then
stated their grievances with calm and respectful firm-
ness. As its only reply, the British government at-
tempted to punish them as mutineers and rebels. Thc\
then publijrhed that Declaration of Independence whi

CI!

we now
t ing in it
of the t
brated \
without

Their
conded
the cour
ported t

The c
pcndenc
along by
by the d
importaii
some of
manded
the devc!
were the
by prince
long com
nions hac
few years
opposite
The A
the armi(
dable sue
If reform
by ages v
order oft
to procce

JNTRODCCTION.

we now road, attcr a lapse of fifty years, without find-
in<^ in it a sing c word to censure. The anniversary
of the day, on which it was pubHshed, is always cele-
brated with those fresh manifestations of joy which all.
without exception, feel at the bottom of their hearts.

Their undertaking, when it was announced, was se-
conded by the good wishes of all Lurope, and, even in
the councils of Great Britain, a numerous party suo-
ported their efforts.

The cabinet of Versailles acknowledijed their inde-
pcndence, in doing which it was perhaps as much drawn
along by the movement of public opinion as determined
by the deliberations that preceded the alliance. This
important resolution has since been censured, even by
some of those who had strenuously advised and de-
manded it. It is very true, that it hastened in Europe
the development of the principles of freedom, which
were then springing up on all sides, and were favoured
by princes themselves. But this unanimity was not of
long continuaiice: in France, even, where liberal opi-
nions had been received with the most enthusiasm, a
few years sufficed to produce a violent explosion of an
opposite character.

The American insurrection had only to contend with
the armies sent from Kngland: forces still more formi-
dable suddenly threatened the rising liberty of France.
If reforms had become necessary, abuses consecrated
by ages were almost inseparable from the established
order of things. The refoimers made some vain efforts
to proceed with prudence and deliberation; but, carried

^*i

IXTRODUCTION.

away by the violence of parties, their acts soon bore
the marks of injustice. Furious excesses justified the
resistance of the clergy and nobility. This terrible
struggle was followed by deplorable catastrophies. At
thio day, instead of acknowledging their true causes,
some attribute to the American revolution the disasters
and crimes of our own. They raise doubts respecting
the wisdom of the ministers of Louis XVI.; and go so
far as to assert that that prince, instead of succouring
the Americans by his arms and the treasures of France
ought to have united the French troops to the Hano-
verians and Hessians, in order to bring back the re-
bellious subjects to their allegiance. Perhaps the in-
tervention of France in this great quarrel was not siil-
ficiently justified either by imminent dangers or by those
rules of justice which states should never violate. 1 even
hardly dare to look for a justification of the part whicli
was then taken in those maxims of precautionary poli-
cy, which it is so easy to bend to all circumstances
There is no doubt that Louis XVL, by allying himscll
with the United States, really advanced the emancipa-
tion of the English colonies. But, had France re-
mained neutral, the independence of the United States
would only have been retarded a few years. We ma}
apply to modern colonies what has happened to all
those of antiquity. Whatever may be the power of tin
parent state, its colonies are free as soon as they arc
sensible of their own strength. In vain would the mo-
ther country attempt to prolong their subjection by ar i
resting their progress iu every way, introducing disscri-

IN TRODLfTION.

sion among the (Jiffcrcnt classes of iiiliabitants, discou-
raging industry, and substituting constraint to afiection,
prejudices to reason. 8ucli clVorts would only serve to
render these estabhshnients burdensome rather than
profitable, to engender the most i)rofound hatred, to
incline the people with more certainty to revolt, and to
render an insurrection, by its being longer delayed,
more terrible and destructive.

A glorious justificatio'i of the revolution, and of the
assistance wiiich France aflbrded to it, is to be found
in the advantages that have resulted from it to society
in general, and even to England. It depends on the
Americans to justify it still further by the wisdom of
their conduct.

Among the civil chiefs whom this people selected
to govern them, after the declaration of their indepen-
dence, among those to whom they confided the com-
mand of their armies. Arnold alone was misled by am-
bition and avarice; no other person in office took ad-
vantage of the public distresses to elevate himself or
increase his fortune. The virtues necessary to the
foundation and preservation of states, boldness in ac-
tion, moderation in success, constancy in adversity,
were exhibited without ostentation and without pomp.
The rulers of that period also participated honourably
in that species of fame which is acquired by arms,
which is acccmpanied by the most dangers, and which
the multitude, therefore, place above all others.

Washington is, in the eyes of his fellow citizens,
more worthy of admiration — greater than was ever

INTllODUfTlON.

Alexander or Ciesar, in the estimation of the Greeks
and Romans. His natural moderation was such, that,
after havin<r viuuiuislied tlic enemies of his country,
he Ijad not, hke so many other men iilustrious in arms,
to combat his own ambition. He was dehglited to lay
aside the sword, in order to devote himself to the care
of governing the republic, restored to peace. Deso-
lation and ruins are the monuments of the lives of con-
querors, and mark their course on earth. The happi-
ness of mankind is the imperishable monument which
must recall to future ages the name of W^ashington;
and his glory, purer than theirs, surpasses in reality that
of those pretended sons of the gods. The war once
ended, it was especially to his civil virtues that the
Americans were delighted to render homage.

They, at this day, prize one kind of glory above all
others, — it is that which in peace is attached to sin-
cere love of country, and which, without ambitious
passions, and, with a sort of indifference for celebrity,
exhibits itself in a modest desire to obtain the esteem
of the people.

Several of their first magistrates, among whom are
the two Adams* and Jeff'erson,t who have seen the
republic flourish, are no more : they gave examples of
private virtues, after having long exhibited those of a
public nature. Madison and Monroe, who have rc-

* SainiUil Adams and John Adams.

t J oil II Adams and JeHbrso'i died on tlie 4tli ol" July, 18::2G, the
anniversary of the Declaration of Indepoudouce, mIucU they signed
fifty years before.

turnc<],
of pnv
ncratio
had ha
after h
in their
good o
by indie
public
and spc
them til
capable
pursuin,
are sure
dencc.

I trac
ty of th
that the
it, and i
observa

They
nations
accomp
not alw
We thei
old abus
no oppr<
of sects

INTRODlf IION.

turned, without autliority. without power, into the rank
of private citi/ens, are there followed with as much ve-
neration and aflcction as the king, wiio, on the tiu'onc,
liad hest merited the love of his siihjects. would obtain
after his abdication. Tlie magistrates, who succeed
in their footsteps, have no other end in view than the
good of the republic, and this good is made apparent
by indicatiouF? <;hat never deceive: that is to say, by tlic
public will, — by the opinion of all the citizens clearly
and spontaneously expressed. Experience has taught
them that the people, left to themselves, arc the most
capable of deciding on their true interests, and it is by
pursuing the course which they point out that rulers
are sure of obtaining general a[)probation and confi-
dence.

1 traced,* some years ago, a i)icturc of the prosperi-
ty of this people; but they make such rapid advances,
that the scene chanixes even whilst we are observing
it, and in a few years it will be necessary to add new
observations to those which can, at this time, be made.

They have already assumed a rank among the old
nations of the world ; but they have not, like them, to
accomplish the immense task for which centuries do
not always suffice, — the return from error to truth.
We there see no relics of the usurpation of power, no
old abuses seeking opportunities to resume their places,
no oppressive laws of former ages, no ambitious leaders
of sects abusing their authority over the consciences

♦ Preface to Ainold'? Conspiracy, 1816.

fil

i|
if

■ll

20 INTRODUCIION.

of their followers, not the slightest trace of that feudal
system, of whicii in Kiiropc even the institutions of re-
publics still bear the stamp, no rival classes disputing
for rights, which belong as much to the one party as
the other. The concurrence of the interests of the
great number has smoothed all obstacles; it has pro-
tected the rising republic from those hateful acts, from
those vindictive movements which, in the revolutions
of other states, have successively disgraced the tri-
umphs of the dilferent parties.

The government of the United States has no model
cither in ancient or modern times. These new socie-
ties have not had, like all those of which history has
transmitted lhv account, to encounter the difficulty of
proceeding from c.\j)eriment to experiment, from revo-
lution to revolution, in order to discover the constitu-
tions and systems of government best calculated to
ensure their happiness. They consulted experience:
they souglit light in the writings of the many sages
who have mtditated on the means of rendering man-
kind happy. They did not despise the theories which
prejudice and interest had so long ranked among chi-
meras. They conformed their institutions to those wise
inspirations, and since their adoption no class of citi-
zens, probably no one citizen, has desired any changes
in the fundamental laws, though the forms have been
amehorated, when time has lod to the discovery of de-
fects.

It was in the midst of arms that these constitutions
were framed, and even the presence of the enemy did not

permit t
in them,
The Am
advisabl
comma I
by a pel
their se^
who woi
in a veri
on the c
and on t
subjectii
great dii
have rei
there wc
to resist
couragei
have br
This pre
of a stric
tral gov<
left to ti
gulation
territory
A pr<
there wj
because

wvitmgs

one sm

ment, d

■HI

INTROUUCTIOX.

permit the .I'^journment of this important work. \\\ find
in them, liovvcvcr, all the marks of mature reflection.
The Americans examined, first, wliether it would not be
advisable that the states should be divided into thirteen
connnunities, free from every federal tic and only united
by a perpetual alliance, which would in no respect alter
their several rights of independent sovereignty. Those
who would have preferred so complete a separation were
in a very small minority; they founded their argument
on the certainty of a great increase in the population,
and on the difficulty of retaining by a common tie and
subjecting to common laws, states separated by such
great distances. But this form of government would
have rendered the revolution imj)racticable, because
there would not have been any concert in the eflbrts
to resist England; and, though success might have en-
couraged some isolated efforts, dissensions would soon
have broken out among these numerous republics.
This proposition was easily put aside. The necessity
of a strict, indissoluble union, the want of a single cen-
tral government were generally acknowledged. It was
left to time and other circumstances to make such re-
gulations as might be expedient, whcr the extension of
territory should require the formation J other states.
A proposition was advanced, on which, however,
there was no discussion, but which we will mention,
because traces of it are to be found in some of the
writings of the period. It was proposed to have only
one single republic and one single supreme govern-
ment, directing from north to south all the intcrncil

:i()

iN'TROnUCTION.

and lbrci>>n alFairs of this vast society, fn adopting
this form of government, it vvonid liavc been indispens-
able not only to renounce many articles of the dilferenl
charters, which had become, by long habit, dear to
the people, but also to place the autiiority in the hands
of an aristocracy or of a monarch. But an aristocra-
cy, whether hereditary or elective, would liavc de-
stroyed that equality which was the fundamental prin-
ciple of the revolution. The Americans would have
had less aversion to monarchy, had not time elTaced in
their hearts every trace, however slight, of that affec-
tion which renders all things easy to royal authority;
moreover, they were not disposed to admit the fiction,
which reserves to the prince the merit of all the good
that is done, and makes the ministers responsible for
all the evil that happens. Far from concluding from
this doctrine that the king is a being incapable of do-
ing good or evil, they would have feared that a bad
prince would end by adopting the maxim himself.

The republican system of government was chosen
with great unanimity. All the authority of the confe-
derated states was concentrated, during the war, in a
single assembly; which was the only form of govern-
ment that could have suited them while engaged in a
revolution.

The common danger then commanded general obe-
dience ; and the power of the enemy silenced all the
jealousies, which that of congress inspired. It was
quite otherwise after the peace of 1783; ambitious
views openly appeared in several of the states'. Some

of then
their lit
were aw
the unio
placed n
trigucs ;
would b
to enum
would,
liad its t:
the con
plished
Iiave, at
attcntioi
nal or i
matters
has soni'

Thee
acts of t
same mi
facts, wl
knowled
tion of 1

A cor
certain i
as they
justice,
commoi
cure th
})Osterit

l\TROOi;CJTION.

:ii

of them would have wished to have had tlicir army,
their httle navy, and tlicir ambassadors. Prudent men
were aware that if tlie federal knot were thus relaxed,
the union would soon be dissolved, and the rej)ublic
placed at the mercy of internal cabals and Kuropcan in-
trigues; that the authority of the general i^ovcrnmcnt
would be in danger and always insecure, if it continued
to emanate from that of the several states, and that it
would, on the other hand, be complete and entire if it
liad its source in the individual vote of every citizen of
the conlederation. I'liis great change was accom-
plished not without dilliculty, but the separate states
Iiavc, at length, become accustomed to conline their
attention almost exclusively to the aflairs of their inter-
nal or municipal governments. They confide other
matters to the wisdom of congress, where every state
has some of its citizens.

The cession of Louisiana has given rise to several
acts of this great body; the new states obey it in the
same manner as the old ones; and to understand the
facts, which wc purpose narrating, requires a previous
knowledge of the principal regulations of the constiui-
tion of the United States.

A convention, held at Philadelphia in 1787. proposed
certain articles to the confederated states, •• in order,"
as they said, "to form a more perfect union, establish
justice, ensure domestic tranquillity, provide for the
common defence, promote the general welfare, and se-
cure the blessings of liberty to themselves and their
posterity."

INTRODUCTION.

This constitution was adopted on tlic 17th of Sep.
tcmbcr, 17H7. A conf,'rcss composed of a senate and
house of representatives exercises such le<^islativc
power, as was dclc<^atcd to it by the constitution.

Tlie representatives must have attained the age of
twenty-five years, and have been seven years citizens;
they must, also, be inhabitants of the states in which
they are chosen. Their term of service is for two
years. Then can only be one representative for fort\
thousand free persons, calculating in this number of
forty thousand, five slaves as three free men, or ()6,()()(i
blacks as l(),()()() whites. This proportion may, howe-
ver, be changed after a new census. Hy the constitu-
tion the number of representatives cannot exceed one
for every thirty thousand inhabitants; but each state
must have, at least, one representative.

Kvery state sends two senators. They arc elected
for six years ; they must have attained the age of thir-
ty years; have been citizens of the United States for
nine years, and be inhabitants of the state which elect*
them. The senators arc divided into classes, so tlia'
one-third go out every two years.

The house of representatives impeaches for state
crimes. The senate tries them. The concurrence ol
two-thirds of the votes is required for a conviction, and
the judgment only extends to disqualification to hold
an office under the United States. But the convicted
party may be, afterwards, prosecuted before the ordi-
nary tribunals, sentenced and punished according to
law.

Coiiii
rity of
ness.
own ni(
concurr

'J'hc
j)(Uisati(
United i
session,
meeting

They
or debat

No sc
der the ;

The h
the j)resi
them. ]
the forc<
on it aft(
tions. 1
not, state

Congr
loans, t(
among t
to coin ]]
tribunals
racy and

* Eight (
repicsentai
'>y the clist

JNTROmcTIOX.

Congress assomblcs at least once a year. A majo-
rity of each liousc constitutes a <inorjim to do busi-
ness. Kach house makes its own rules, punishes its
own members lor disorderly behaviour, and, with the
concurrence of two-thirds, may expel a mend)er.

'IMie senators and representatives receive a com-
j)ensation, which is paid out of the treasury of tlie
('nited States.* They cannot be arrested during the
session, nor in jj^oing to or returning Irom the place of

mecluig.

They cannot be (picstioned elsewhere for any speech
or debate in either house.

No senator or representative can hold any oflice un-
der the authority of the United States.

The bills passed in the two houses arc presented to
the president, and become laws when he has approved
them. He can refuse his assent; but the bill acquires
the force of a law, if two-thirds of each house insist
on it after the president has returned it with his objec-
tions. This is likewise the case, if the president does
not state his objections within ten days.

Congress has power to impose taxes, to contract
loans, to regulate commerce with foreign nations,
among the several states, and with the Indian tribes,
to coin money and establish post otfices, to constitute
tribunals inferior to the Supreme Court, and punish pi-
racy and oftcnces against the law of nations, to de-

* Vjight dollars a day, or forty-two francs for each senator and
ri'proscutativc. The allowance for travelling expenses is regulated
'jy the distance, and is eight dollars for every twenty miles.

Jil

KNTUODl ( HON.

clarc war, and frrant letters of marque and reprisal.
It is also authorized to raise and support armies and
navies; but no appropriation lor tlic army can be made
lor a longer term than two years. It may call out the
militia to execute the laws of the Union and repel in-
vasions.

No money can be drawn from the treasury, except
by virtue of a law, and statements of the receipts and
expenditures are made public.

The presidents of the United States never omit,
when they enter on their duties, to proclaim the prin-
ciples which they purpose following. The forms of
expression may be different, but the essential part ol
the declaration always consists in an engagement to
be equally just towards all, without distinction of reli-
gious or political principles. Peace, commerce, and
friendship with all nations, render useless, in their opi-
nion, treaties of alliance, which they, moreover, consi-
der at variance with true independence. They engage
to maintain the authority of the general government in
its constitutional vigour, as the best guarantee of tran-
quillity at home and peace abroad, and to support the
state governments in all their riglits.

'J'liey recommend to the people to be attentive tu
the privileges of the elective franchise, to be obedient
to the decisions of the majority, and to support the su-
premacy of the civil over the military authority. They
promise to carry on the administration with economy,
to preserve the public faith untouched, to encourage
agriculture and commerce, its principal agent; am

finally. 1
citizens
and the

The
come a
fringe o
tion of
son, on
States o
dcr to k
name, h
with the
country'
and hist
respond*
self

The :
States ai
every sU
tors nor
, lice of p
No pers
least thi
17th of
This mi
and nav;
they are
He iijran
against l
1. mcnt. f

INIRUDI I T1(».N.

and.

finally, to watch attentively over the education ol' the
citizens, tlie iVec exercise of reliufion, personal liberty,
and the independence ot the j)ress.

The expectations which these speeches allbrci !)c-
conie a contract, which is I'aithhilly observed. I'o in-
fringe or elude it would be to destroy the very founda-
tion of the government, which is good faith. Jelfer-
son, on being raised to the presidency of the United
States on the Uh of March, IJU)1, declared that in or-
der to leave to his family the legacy of an honoured
name, he nuist thenceforth occupy liimself exclusively
with the public business and with the promotion of his
country's happiness. His presidency lasted eight years,
and history teaches us how wisely and successfidly lie
responded to the appeal which he liad made to him-
self

The president and vice-president of the United
States are named for four years. They arc elected in
every state by s|)ecial electors, who arc neither sena-
tors nor representatives, and who do not hold any of-
licc of profit or trust luider the aulhority of congress.
No person, except a native citizen of the age of at
least thirty-five years, or one w ho was a citizen on the
17th of September, 1787, can be named president.
This magistrate is command(!r-in-chief of the army
and navy oftlie United Slates, and of the militia, when
they are called into the actual service of the Union.
He grants reprieves or pardons for crimes and offences
against the United States. exce[)t in cases of impeach-
uienl. He has power to make treaties, with the advice

INTRODUCTION.

and consent of the senate, provided tvvo-tliirds of the
members present concur, lie names, by and with the
advice and consent of the senate, ambassadors, pubUc
ministers, consuls, and judges of tlic Supreme Court.
He fills up all the vacancies that may occur during the
recess of the senate, by granting commissions which
expire at the end of the next session.

The presidents of congress, under the old confede-
ration, had the title of excellency. It is now only em-
ployed with reference to the governors of states. This
emphatic appellation is all that remains in the Umted
States of the forms of flattery, which European cour-
tiers borrowed from the East, and which their masters-
eagerly adopted.

The president and vice-president, and all other civil
officers of the United States may be removed from of-
fice on an impeachment for, and conviction of treason,
and other high crimes and misdemeanors.

Every thing that is within the scope of the powers
of congress is forbidden to the separate states. They
cannot, without its conseni, lay any duties on in»ports.
nor keep in time of peace troops or vessels of war.
nor make agreements or compacts with one another,
or with foreign powers, nor engage in war, unless ac-
tually invaded or in such imminent danger as will not
admit of delay.

The privilege of habeas corpus cannot be suspended,
unless, when in case of rebellion or invasion, the pub-
lic safety requires it.

There is at Washington a power, whidi has noithei

guards

INTRODUCTION.

guards nor palaces, nor treasures: it is neither sur-
rounded by clerks nor overloaded with records. It has
for its arms only truth and wisdom. Its magnificence
consists in its justice and in the publicity of its acts.
This power is called the Supreme Court of the United
States. It exercises the judicial authority in all cases
affecting the general interests of the United States, in
their relations with one another and with foreign na-
tions. The members of this tribunal can only be re-
moved from office on account of bad conduct, and al-
ter a trial. Their permanent tenure is an additional
guarantee of their probity and of acquirements, which
are every year increased.

They have original jurisdiction, where ambassadors,
ministers, and consuls, or states are parties. In other
cases, which are generally those in which foreigners
are parties against st.atcs or citizens, their jurisdiction
is appellate. This court has other functions, that al-
ready alarm some friends of liberty. But what have
they to fear from a power whose justice constitutes its
whole strength, which can, it is true, reduce the other
powers to inaction by declaring that they are proceed-
ing contrary to the constitution, but w Inch would raise
the whole republic against it, if its decision was not
clearly correct.'^

The Americans, supposing that they might profit by
the warnings of history, have multiplied the barriers
against usurpation and the abuse of power. Their con-
stitutions contain as many prohibitory as positive enact-
ments. But. experience ha:^ proved that these fears

•11

;i«

iMRor>ucTio:>.

ii^ii

are ill-founded. Their rulers arc more anxious to re-
strain than to extend their authority.

The confederacy may admit new states, and it gua-
ranties to all of them a republican form of govern-
ment.

The case of changes in the constitution bccominii
indispensable has been foreseen. At the same time,
provision has been made, by prudent regulations, to
prevent their being attempted without mature delibe-
ration. Amendments can only be made on the pro-
position of two-thirds of both houses of congress, or by
a convention, called on the application of two-thirds
of the states; and in neither case can they become ar-
ticles of the constitution till they have been ratified by
the legislatures or conventions of three-fourths of the
several states.

Some amendments were, in fact, proposed by con-
gress The most important related to points, which
the convention had so generally acknowledged and
practised, that it had deemed it useless to mention
them. Congress judged otherwise, and limiting its
own power, proposed to insert in the constitution that
congress should make no law respecting an establish-
ment of religion, or to prohibit the free exercise there-
of, to abridge the freedom of speech or of the press,
the right of the people to assemble and to petition go-
vernment, or their right to be secure in their persons,
liouses, papers, and effects. These provisions were
adopted as parts of the constitution j but they were in
full force belbre their ado|)tion.

It IS

Union \

states, i

united \

zen, the

which

avoid.

possible

cratical

to unite

tcrritori

any of t

after an(

These c

farther i

vantage;

served, >

may hap

ciplcs of

parate (

governm

people ;

not forffi

Such i

United f

prevail t

rately c(

iioni tha

throne.

however.

iNTRODUCrj lO^.

.'J9

press,

It is necessary to consider all the relations of the
Union with the particular governnnMits of the difl'erent
states, in order to und(3rstand how this pcoj)le have
united with the civil and political liberty of every citi-
zen, the force and energy required in those crises,
which even the wisest governments cannot always
avoid. It will, then, likewise be seen how it has been
possible to adapt the forms of a republican and demo-
cratical government to a country of great extent, and
to unite successively to the sauie central authority new
territories and new communities, which, w'ithout losing
any of their liberty and independence, are adtlcd one
after another to the Union, and increase its strength.
These communities will extend the limits of the nation
farther and farther; but it is not probable that the ad-
vantages, of which we have spoken, will then be pre-
served, without a separation of the states. Whatever
may happen, we have no reason to fear that the prin-
ciples of liberty will be at ail changed in any of the se-
parate confederacies which may be formed. These
governments are established for the happiness of the
people; the people themselves watch them; they can-
not forget their glorious destination.

Such is, then, the first duty of the congress of the
United States. The democratical clement does not
prevail there in the same degree as in the states sepa-
rately considered; its authority is not very dillercnt
from that which in limited monarchies belongs to the
throne. It has only a very small army: its powers arc,
however, sulliciont. because it docs not abuse them,

INTRODUCTION.

Ifi.i

but only exercises them for the pubHc advantage, h
lias, consequently, never experienced that resistance,
to which absolute governments arc exposed; and, al-
tliough attempts have sometimes been made to intro-
duce dissensions into this great body, although it has
been obstinately predicted that the states will soon se-
parate and make war upon one another, the spirit of
the union lias been more powerful than all the efforts
made against it, and this union has never, perhaps,
been seriously threatened except on one occasion,
which was in 1815, when the Hartford Convention sent
deputies to congress instructed to denounce the presi-
dent. They have, indeed, since contracted the reci-
procal engagement of never divulging the secret causes
of this proceeding. The steps taken by this assembly
cannot be approved, and yet it must be acknowledged
that it was composed of estimable men, whom tho
people had chosen, and that their error was not attend-
ed with the melancholy results which had been appre-
hended.

Montesquieu supposed that free states were the most
exposed to tumults and revolutions; but this great man
was only acquainted with those nominal republics, in
whicli the citizens arc divided into classes possessing/
unequal rights. The tranquillity which reigns in the
United States is founded on the perfect equality of the
citizens. When the republic is at peace, all the part?
which comi)ose it are equally benefited, because there
are no classes whom peace distresses and for whom
public calamities are a means of power and influence

If war t
dour, sii
occasioi
but the
in whicl
dcrs hin

Conlli
rity of c
and that
more frc
ral gove
served t<
directly
consider
this con
tion, whi
mention
standing
one exec
and whil
wisdom,
have ma

A ren
vailing [
not long
ried on I
such stri
longest
and it w
nmphcd

ill I

INTRODUCTION.

If war takes place, it is carried on with a common ar-
dour, since all equally feel the wrong and injury which
occasioned it. There are twenty-four different states,
but the American loves them all as his native land, and
in whichever of them he happens to reside, he consi-
ders himself in his own country.

Conflicts iiavc sometimes arisen between the autho-
rity of congress, the depositary of the federal power,
and that of the separate states ; but the states have
more frequently been disposed to transfer to the gene-
ral government a part of the pov/er, which was re-
served to them. The federal constitution emanates as
directly from the citizens of each republic, separately
considered, as its own particular constitution. It is
this common origin of the powers of the confedera-
tion, which constitutes its strength. I shall hereafter
mention the cause which may affect the good under-
standing between the states and congress. With this
one exception, every thing moves on without difficulty,
and while this submissiveness to the laws attests their
wisdom, it assures us that men, associated in society,
have made real progress in the career of happiness.

A remarkable proof of the good intelligence pre-
vailing among the different parts of the Union, was
not long ago afforded by the war of restrictions car-
ried on between the United States and England. Fn
such struggles victory belongs to the party which can
longest support its own losses and embarrassments;
and it was the perseverance of the Americans, that tri-
umphed over the prohibitory system. They obeyed laws

i
II

J 2

IXTRODICTIOV.

tliat were in opposition to all their liabits, but these
laws were enacted by congress. I^ was the United
States that suggested to England the renunciation of
her famous navigation act, and of that exclusive sys-
tem, which she had so long maintained. Free com-
merce makes the law for enslaved commerce.

Of all the great powers, no one is in a situation
more independent of the events and vicissitudes, which
affect the repose of nations than the United States.
Is a negotiation commenced.'' Their fundamental
principle is equaliiy in the stipulations. They have
declared that they will only treat on this condition,
The other party must conform to it or break ofl' the
conferences.

Skilled in navigation, and in all the sciences which
constitute the pride of Europe, long initiated in all the
operations of English commerce, freer now than even
their former masters, they will soon become their equals,
and England sees in them rivals, that will presently be
more formidable to her than the maritime powers of
Europe have ever been.* England, by her conduct
towards the United States, first revealed to Europe the
degree of power to which this new people had, in a
very short time, arrived. She w'ould not have willing-
ly allowed the world to know how much she requires
their friendship: but their forced participation in tlu

♦ The merchant tonna<;e of the United States, correspond ina; tc
the British ref^istered tonnage, was, in 1827, 1,650,607 tons, whiii'
that of the United Kinj^doni, during the same year, is stated in l!u
parliamentary returns to have been only 2.105,605 tons.— Transi

profits ci
j)resage
ago, thi
The hi
which w
States t'
almost
rcceivec
ncgotiat
Decemb
St roving
tions ha
bring foi
immedic
in comn
various,
counterv
They ha
the one
tutelary
they say
far from
hut leav
that the
an objec
the plac
sit iVmei
own sail
time co(
with the

INTKOJHCTION.

profits of navigation and commerce seemed to licr the
])resage of still greater losses. She believed, a few years
ago, that there was yet time to arrest their progress.
The haughty demeanour, threats, and seductions,
which were in turn employed, only warned the United
States to provide for their safety. War was declared
almost simultaneously on both sides. J3ut the English
received from it a harsh lesson, and eagerly entered on
negotiations for peace. A treaty, signed at Ghent in
December, 1811, put an end to hostilities without de-
stroying the germs of jealousy and enmity. Negotia-
tions have been prolonged to this day. If the English
bring forward a sine qua non proposition, the Americans
immediately advance another. Reciprocity, their rule
in commercial matters, is as simple as its forms arc
various. They have their discriminating tarifls, their
countervailing duties, and their inflexible prohibitions.
They have also an act of navigation, but diflerent from
the one which was so long regarded by England as the
tutelary genius of her commerce. " We do not ask,*""
they say, " that your ports should be open to us, wo are
far from requiring that you should change your laws,
but leave us ours." England has at length learned
that the military marine of the Americans is no longer
an object of contempt, and that concessions must take
the place of exactions. She no longer pretends to vi-
sit iVmerican ships, in order to take from them their
own sailors; she has mitigated the rigour of her mari-
time code. The English West Indies cannot dispense
with the productions of the United States: in vain have

,it; tJ

INTKODUtllU.N,

the English, alleging tiic long possession of the colo-
nial monopoly, wished to retain tlic profits oi' this na-
vigation : in vain have they hoped that Canada would
provide for the wants of their islands. At length to
preserve, at least, in appearance, the prohibitory sy.s-
tcm, they established an entr ^.ot in the Bermudas.
The Americans, who had, at first, consented to this ar-
rangement, again showed themselves inflexible, and
would not listen to any modification of the principle
of an entire reciprocity. Then, the colonists of the
islands, who bear all the inconvenience of the inter-
ruption of the intercourse, cried mercy; and, in 1822,
an act of the British parliament admitted these dread-
ed rivals to a direct trade from the United States to
the West Indies, and even to the English colonies ot
North America. These concessions appeared to have
been made with regret, and had hardly gone into effect
when the president of the board of trade thus expressed
himself in parliament:* "We wished to sustain with
the United States a contest of discriminating duties:
after persevering in it for several years we were obliged
to yield; but having entered into arrangements, found-
ed on reciprocity, with the American government, we
could not refuse to extend this long neglected principle
to the European powers." In listening to these words,
one would have thought that the conciliation was com-
plete; but, in the month of July, 1826, new orders in
council withdrew from the Americans the participa-

tion whic
Thus the
sue of th
lieve mci
interests
even thoi
the liben
since 182

Their
out any
English p
flags and
The Unit
ties. Th(
to the soi
ders it eq
be immed

They r
rule is no
which the
firmness,
their strei
dling. A
equality v
ring the i

Those
mutual s
princes, j

♦ Mav loth. IH-IO.

Ti
(11

I.VTRUDl f HON.

l.j

tion wliicli Iiad been granted them in the colonial trade.
Thus they refuse and grant, and retract again : the is-
sue of the debate is always uncertain; and, if we l)e-
lieve men profoundly instructed in these matters, the
interests of navigation, which England places above
even those of commerce, arc already endangered by
the liberal system, to which the United States have
since 1822 brought that power.*

Their vessels traverse all the seas of the globe, with-
out any where undergoing those humiliations which
English pride has so often attempted to impose on all
flags and to which some have been obliged to submit.
The United States have never supported such indigni-
ties. Their principle is that the Hag assimdates a ship
to the sod of the country to which it belongs, and ren-
ders it equally inviolable. The slightest insult would
be immediately resented and revenged.

They respect the rights of other nations, and their
rule is not to interfere in their aflairs. The pretensions
which they believe to be well founded they assert with
firmness, and they will never maintain them feebly; for
their strength increases even whilst the contest is kin-
dling. Although disarmed, liberty puts them on an
equality with the nations that continue under arms du-
ring the most profound peace.

Those treaties of alliance, those conventions for
mutual succession, so common among the German
princes, are scarcely known by name in the United

HI*

* March 19tl), 18^r. Parliamcntarv Debate-

INTRODDCTIO.N.

States. They can only suit sovereign I'aniilics, who sci
httle vahie on tlie ri«fhts of the |)eoi)le, whom they of-
ten involve in quarrels of succession, which seldom re-
sult in the improvement of their condition.

If, during the recess of the legislature, difficult cir-
cumstances recjuire a prompt decision, the president
does not fail to take it, and he is sure of being ai>-
proved, if he has done a necessary act.

There is more timidity even in absolute govern-
ments, where the ministers are only responsible to the
throne. In critical circumstances, they seek to gain
time, and proceed by expedients. The difficulty, in
the meanwhile, grows worse : from being unwilling to
submit to reason, they are obliged to eld to force:
and tney lose all, because they attenq. .o retain all.

The president, and the two houses of congress, arc
without mysterious archives. They have no concealed
and corrupting police, nor have they those secret re-
ports so convenient for calumny, so dear to the calum-
niators, so dangerous to the persons who are the object
of them, and, oftentimes, even to those who emploj
them.

All the aflairs of the republic are brought as soon as
possible to the knowledge of the public, without any
exaggeration of the favourable condition of some, or
dissimulation respecting the bad state of others. And
why should congress and the administration plot toge-
ther to deceive the public, or to conceal from them
untoward truths? They arc themselves part of the
pu1>li<'.

Measui
till after t
tcrmined
tiicir disc
to make
the govei
(lisagreea
private in
the law is
to preven
tion.

The hi
president
deaths be
acts are ji
the powe
commend

The tw
There is
the speed
mated by
calmness
deiiberati(
vacity in t
does not (
members
the repres
the most i

Congre
'tself, is n<

INTROlM.rTION.

glllll

iMcasuros vvliich interest tlio state arc never adopted
till after the most mature deliberation. They are dc-
lerinined on in the presence of the citizen?, and during
their discussion, those whom tiiey interest seldom fail
10 make known their opinion by publications, which
the government never disregards. Publicity is only
disagreeable to those who would wish to make their
private interest prevail over that of the public. When
the law is once promulgated, no one would dare either
to prevent its going into eifect, o' to elude its oj)era-
tion.

The history of every day also cites to its bar the
president and other rulers, and 'oes not await their
dcatlis before pronouncing judgment on them. Their
acts are public, posterity already exists for tiicm, and
the powerful as well as the weak are disgraced or
commended, while they are still alive.

The two houses profess the same political doctrines.
There is no essential distinction in the character of
tlie speeches delivered in them. Both are equally ani-
mated by a desire to render their country happy. iMore
calmness and gravity are, however, observed in the
deliberations of the senate, and more warmth and vi-
vacity in those of the representatives. This difference
does not exist without a cause. The functions of the
members of the senate last for six years, and those of
the representatives only two. The latter arc therefore
the most anxious to bring themselves into notice.

Congress, in its unitbrm course, ever consistent with
Uself, is not at diflerent times under the control of dif

ili

INTRODUCTION.

ferent factions; but, in order to remain free from those
internal agitations, from which the most happy coun-
try is not always exempt, it constantly and sincerely
practices the maxim, that " the end of government is
the happiness of society."

There is henceforth no fear of the triumph of des-
potism over liberty : the old nations of Europe would
not have experienced this calamity, if, instead of sim-
ple traditions, subjected to human and variable pas-
sions, at tiiC will of an ambitious chief and of an igno-
rant multitude, they had had constitutions written by
sages, and confided to the vigilance of all the citizens.

It is thus that the fundamental laws of the several
states of the Union are preserved. The sincerity and
clearness with which they are expressed, do not leave
any opportunity for sophistical interpretations, and the
introduction of obscure expressions, with a view of
hereafter arbitrarily explaining them, has been weil
guarded against. If there are some differences in the
state constitutions, they are only to be found in the ex-
ternal forms of the government; they all have justice
and equality for their foundation: >;hat is just at Bos-
ton, is so at New Orleans.

There is not a town or village, in which are not to
be found some men well instructed in the true interests
of their country: and if to the intelligence required in
those who engage in public aftliirs, they join the vir-
tues of the citizens, they will infallibly be raised to the
first employments. Any man may be called to the
highest ofiice. The great Washington had been a

surveyor;
a planter,
are to go\
crimes ar
coiisequer
restraint c

A long
fear that i
war under
ber, or on
legious, ar
length, dis(
so many c
pliers, and
'■To rende
and at the

Congres
principally
foreign me
that do not
at raising t
contributor
where the <
one of its f
nianded iro
ment of tli
mentation (

No one \
lie revenue
::aining tal

INTRODLCTIOX.

surveyor; Franklin a printer's journeyman; Jefferson
a planter. Magistrates chosen by those whom they
are to govern, are easily obeyed. The infrequency of
crimes and punishments is the proof as well as the
consequence of the docility of the Americans to the
restraint of the laws.

A long peace does not weary them. They do not
fear that idleness will render their youth seditious; a
war undertaken to employ them, to diminish their num-
ber, or on futile pretences, would seem to them sacri-
legious, and would b ■■ impracticable. They have, at
length, discovered the solution of the problem proposed
so many centuries ago to the meditations of philoso-
phers, and submitted to the experience of statesmen:
'•To render comnmnities happy with the least restraint
and at the smallest expense."

Congress disposes of an adequate revenue, arising
principally from the duties paid on the importation of
foreign merchandize, and from the sale of puolic lands
that do not belong to the several states. It does not aim
at raising the imposts as high as the patience of the
contributors would bear; but the legislature ascertains
where the comfort of families requires it to stop, and
one of its fiscal principles is, that the less that is de-
manded from the people, the more will the improve-
ment of their condition hereafter facilitate the aug-
mentation of the impost.

No one would dare to propose to inc.casc the pub-
lic revenue by the establishment of a lottery or of
L^mnng tables, or by any other means that would

INTRODUCTION.

have the effect of enriching tiie state by corrupting the
morals.

Smuggling could be very easily practised on coasts
which are six or seven hundred leagues in extent, and
are scarcely guarded, but every one knows that in the
employment of the public revenue, there is neither pro-
fusion nor parsimony. All have an interest in prevent-
ing fraud, and it rarely occurs.

No useless pomp encircles the magistrates. Econo-
my, so discredited and ridiculed in our courts and ca-
pitals, is held in honour at Washington, and even in
those parts of the United States where large fortune?
are not rare. Habits of simplicity are there more ef-
fectual than sumptua. , laws would be. The senate
and house of representatives have no guards but their
door-keepers. The repugnance of the people for pomp
and empty parade does not, however, prevent their be-
ing always disposed to incur expenses for objects that
are truly useful to commerce, navigation, the safety
of the confederation and of the different states, and
sometimes even for such as conduce to public orna-
ment.

Although they have no neighbour to fear, they Iiavc
not neglected the military art. This science is taught
at West Point, upon the Hudson, by officers of reputa-
tion. Some able engineers have been educated at thif
school.

The arsenals and magazines of the Union, and ot
the several ' ates, are well supplied and carefully kept
in order. Fortresses are in the course of construction

From th
a neutra
the caus
which, ir
power.

The c

gious wo

bodies, t

adapted

Manuli

colonies <

United St

lance, hai

of which

world. J

proved th

jeet the pi

try require

dered as «

protection

revenue si

The An

diseases o

lieving the

loans, but

tionate to 1

imposing i

IJiithfully e

They kn

nc^s of wli

iiif

TNTRODICT

have
aught
sputa-
Lt this

nd ot
kept
ction

From the year 1792 to 1812, the United States enjoyed
a neutrahty, which, thougli disturbed for a period, was
the cause of the prosperity of their commercial marine,
which, in its turn, has been the origin of their naval
power.

The churches and other buildings destined for reli-
gious worship, those for the magistrates and legislative
bodies, the court houses and prisons, arc admirably
adapted to their objects.

Manufactures, always prohibited to the dependent
colonies of Europe, have made great progress in the
United States. England, in spite of her jealous vigi-
lance, has been robbed of those machines, by the aid
of which she so long controlled the commerce of the
world. Independent America has imitated and im-
proved them. Her tariffs have for their principal ob-
ject the protection which every rising branch of indus-
try requires. The interests of the treasury are consi-
dered as only secondary. The decided adrocates of
protection to manufactures would even wish that the
revenue should not be rcfrardcd at all in tliis matter.

The Americans consider public debts as one of the
diseases of modern societies, and they are far from be-
lieving them a necessary evil. They have made large
loans, but always with a view to an advantage propor-
tionate to the magnitude of the burden which they were
imposing on themselves; and these debts have been
faithfully extinguished.

They know that loans are a slow poison, the sweet-
ness of which has often deceived and seduced statcs-

ryi

rNTRODlXTION.

I*f;

men who were reputed wise. If the United States bor-
row, the reimbursement is always fixed at a definite
time, and the en^aijcment is never eluded.

The Americans are constructing canals and roads |
two or three hundred leagues in lengtli, through terri-
tories still occupied by savages. Regions, whose wa-
ters flow to the north, will soon communicate with
those whose rivers have their courses to the south. ;
There will be a connected navigation from lake Michi- |
gan to the Illinois river, from lake Erie to the Wabash.
Steam boats will approximate the gulf of Mexico to
that of the St. Lawrence, and New Orleans with the
city of Quebec; both of which places were once under
the dominion of France, though the latter has become
English and the former now belongs to the United
States. The noble communications of this description,
so justly extolled in Europe, are not superior to these

new undertakings.

Favourable to commerce and agri-

culture, they have another advantage which had never
been contemplated: they have, as it were, brought near
to one another men whom great distances separated.
It has not been possible to stifle all the sources of jea-
lousy; but the confederation which had only laws for
its guarantee, is now cemented by private and common
interests, which are continually in contact, thougii
without clashing.

Such is, in its [)olitical economy, the conduct — such
arc the maxims of a new republic — strong by its pre-
sent greatness, and which increases so rapidly in re-
sources, that Its friendship is every year more to be de-

sired, its
one of tl
with kin
admitted
heads. J
an inferic
tions: as
on their 1
maintain)
edly, be g
self abov

Those
incommo
political i
persons t<
employm*
cd by tin
gate it h
the exam
and demc
certain m
venting n

Amon<j
the trans t
is one wh
men. Tl
make noi
the contrt
govcrnme

INTRODUCTION.

f}3

gcr

sired, its enmity more to be dreaded. It is no
one of those nominal republics to which an cfjual rank
with kings was refused, and whose ambassadors were
admitted, as if by tolerance, after those of crowned
heads. It would be vain to attempt to assign to it
an inferior rank, to subject it to a difl'erent law of na-
tions: as independent and sovereign as the monarchs
on their thrones, this republic has on every occasion
maintained an equality with them, and it will, undoubt-
edly, be sufficiently wise never to aspire to elevate it-
self above them.

Those whom representative governments annoy or
incommode assert that they are the most costly of all
political systems, and they find credulous or interested
persons to repeat the opinion after them. It is true that
employments may be multiplied and salaries augment-
ed by the aid of this maxim, and those who propa-
j^ate it have often their share in the profusion. But
the example of the United States proves tliat it is false,
and demonstrates that order and economy are the most
certain means of avoiding public bankruptcies and pre-
venthig rcvoluiions.

Among the circumstances that tin-eatcn Europe with
the transfer of her pre-eminence to the new world, there
is one which merits the particular aitention of states-
men. The North American repubhcs are disposed to
make none but judicious expenditures. Europe, on
the contrary, delights in extravagance, and most of her
governments arc only preserved by expedients.

..'J

.'il

INTRODIJCTIO.N.

It is, liowever, from England that the United States
have received the first elements of representative go-
vernment; but thoy have perfected it to a degree vvhicii
cannot be attained in Europe, at least without great
struggles. In America representation has its prima-
ry source in the suffrage of individuals, the right to
exercise which is unattended by any embarrassing or
difficult conditions. The possessor of a cabin and a
few acres of land, participates by his vote equally with
the proprietor of ten thousand acres, or the wealthiest
merchant, in the formation of tlic legislative assembly
of the state in which he resides.* Every thing which
interests the community or its several classes is dis-
cussed in these assemblies, as well as in voluntary
meetings, which, formed independently of the magis-
trates, and free from their inspection, proceed with as
much regularity as those prescribed by law. Habit
and a sort of routine there occupy the place of sta-
tutes, and without the least constraint the minority re-
ceive the law from the majority. It is by means of
these private assemblies, that the knowledge of the
true interests of the state is disseminated. It is thus
that we find dispersed over the whole territory more

* At the late election for the American president (1828) nearly
twelve lunulred thousand votes, in a population of about twelve
millions, were given either directly for the electors^ whose duty it
is to choose that officer, or for the members of the legislature, by
whom, in two states, the presidential electors were named. In
France, where the number of inhabitants is three times as great as
in the United States, less than eighty thousand persons take part
in the election of the chamber of deputies. — Tuansl.

than ten t
interests ai
tant matte
the asseml
decorum, i
or moderal
rity in som
assemblies
who are or
political el(
bar, that fo
dents, lean
rules of 01
and reason

If, from
pass to tha
and of thei
miration, tl
ther, withoi
between tin

The leg]
in the sevei
that have m
legislates i:
years that 1
attended w
deration is (
time, increi
will, limitei

III ft

INTRODUCTION.

than ten thousand persons, enlightened in the pubhc
interests and affairs, famiharizcd with the most impor-
tant matters of legislation, conducting themselves in
the assemblies of the smallest villages with gravity and
decorum, and submissive to the orders of a president
or moderator, who exercises, without effort, an autho-
rity in some sort absolute. It is either in the public
assemblies or in these informal meetings, that those
who are one day to govern the state are instructed in
political eloquence. It was at them, rather than at the
bar, that four lawyers, who became successively presi-
dents, learned to discuss public affairs, less after the
rules of oratory than according to those of wisdom
and reason.

If, from the view of the general confederation, we
pass to that of the constitutions of the individual states
and of their relations with congress, we see, with ad-
miration, these great bodies move harmoniously toge-
ther, without any difficulties of a serious nature arising
between the superior and subordinate governments.

The legislative, executive, and judicial authorities
in the several states arc invested with all the powers
that have not been delegated to congress. Every state
legislates in civil and criminal matters. During fifty
years that this order of things has existed, it has been
attended with none but happy results. As the confe-
deration is enlarged, the power of congress, at the same
time, increases. Some of the states have, of their own
will, limited their extent and population, and aban-

f> r,

:a'}

INTIIODICTION.

3!-^

(loncd vast territories, where other states arc already
formed. Tlic preamble to tlieir act of cession was
thus expressed ; " Whereas notliing mulcr Divine Pro-
vidence can more eftectually contribute to the tranquil-
lity and safety of the United States of America than a
federal alhancc on such Uberal principles, as will give
satisfaction to its respective members, we renounce our
claims, &c."

The wars which are excited among other nations of
the world by fanaticism, ambition, cupidity, and that
restlessness, which torments them and makes them
suppose that tranquil happiness cannot bo the lot of
man, will never trouble the people of the United States:
not that all the individuals among them are free from
human passions; but the public councils are formed in
such a manner, that the decisions of government arc
always dictated by the general interest. A country,
which will be larger than Europe, and which is com-
posed of so many different states, enjoys a peace that
promises to be perpetual, and to fulfil the bright vision
of the good man.

The officers and magistrates are not named for life.
The duration of their functions depends on their con-
duct: their authority is defined by the laws with so
much precision that abuses are very rare, and can be
promptly repressed. A principle of representation,
which flows neither from hereditary rights nor from
any fictitious source, constitutes the force and energy
of the different magistracies : powerful in eflecting good.

tiicy are w
son disordi
dangerous,

It has b(
temporary
to states o
experience
is an error
arc made,
ricnce of r
that it is a
United Sta
prove that
it can neve
hopes of tl
now no loij

The jud,
ver, wiser c
in HKiny otl
and their p
a less degri
cies by ace
an advanta
of afliiirs d
their acts, i
matter of
ways imj)ar
most wortl
state to pri
iilt:. A sin

LNTRODLCTIO.N.

111

/itiiout

til to

cy are witiiout strcngtli to oppress, and fur this rea-
iioii disorders and tumults, when they occur, arc never
dangerous.

It has been for a long time held as a maxim, that
temporary and elective niagistracies arc only adapted
to states of limited extent and small poi)ulation. The
experience of the United States Im's proved that this
is an error. If it sometimes happens that bad choices
are made, the remedy is in re-election ; and the expe-
rience of more than half a century has demonstrated
that it is an efficient one. Thus, the example of the
Lnited States presents itself, whenever the oLject is to
prove that liberty is in every respect beneficial and that
it can never do harm. It likewise puts an end to the
hopes of those whom this liberty alarms, and who can
now no longer deny its benefits.

The judges, senators, and ministers are not, howe-
ver, wMser or more intelligent in the United States than
in many other countries. They have their weaknesses
and their prejudices ; but they ought to have them to
a less degree than those who are raised to magistra-
cies by accident, intrigue, or purchase. They have also
an advantage which men elsewhere placed at the head
of all'airs do not possess: the laws and the publicity of
their acts, submitted to the censure of all, render it a
matter of necessity with them to be always just, al-
ways impartial; not to give employments, except to the
most worthy, and never to sacrifice the good of the
^tatc to private passions and the interests of individu-
als. A sincere probity can alone ensure the public

J»

INTUODLCTION.

confidence, which is ever ready to distinguish true me-
rit from false. Impostors and hypocrites would soon
be unmasked. Thus even, though accident should
raise to an important post a man inclined to be bad.
he would be obliged to govern like those who were na-
turally virtuous, or he would not be able to retain his
office.

These wise institutions are protected for the future
against the ravages of time: free presses preserve
them, and are a more eflectual defence than the
towers of the Louvre or of London. Under this gua-
rantee, more powerful than was ever the authority ot
the tribunes, we may be assured that the benefits ot
social order will be durable. A moderate republic will
never become an absolute democracy, and we may
add, in reference to other countries, that, with the li-
berty of the press, a royal government can never dege-
nerate into despotism.

It is objected, however, that these presses may, at
least, endanger the peace of families, and injure in-
dividuals in their private interests. It is but too true
that they have often served the cause of calumny; but
this is an evil, which even the most severe prohibitions
have never prevented ; and the remedy for the injury
which they can do is, under the system of liberty, ef-
fectual as well as prompt.

The shafts of calumny, so justly compared to poi-
soned weapons, resemble them likewise in this respect;
the most ferocious savages scarcely dare to discharge
them le?t thev should be turned against themselvc-

Differcnt fr

improved i
every day r
cent.

That it V
American r
was then p
the presses
violence. J
by it. Atthi
it is possibl
the too gre!
soon becom
to justify hii
to a pure lil
Ins defence.
of a journa
of licentiou
having beer
ders admin
with more c
do this peo
they to disi
nothing is s
courts.

There is
cannot impr
their goveri
their budget
tion and re

INTRODUCTION.

Dift'crcnt from most things, the hberty of the press is
improved and strengthened by time, and becoming
every day more useful, it hkevvise becomes more inno-
cent.

That it was not so during the early periods of tlie
American revolution, we readily admit; but the enemy
was then present. Royalty had warm partisans, and
llic presses on both sides were actuated with an equal
violence. Jeflerson himself was for a moment alarmed
by it. At this time an animated contest is going on; and
it is possible tiiat a good citizen may be injured through
llic too great warmth of the conflict. But the blows
soon become harmless, and without taking the trouble
to justify liimself, he may, by maintaining silence, leave
to a pure life and irreproachable conduct the care of
Ills defence. There is no example in the United States
of a journal open to irreligious essays, to the recital
of licentious anecdotes, or to offensive personalities
iiaving been long supported. The disgust of the rea-
ders administers justice with more promptitude and
with more certainty than even the tribunals; so much
do this people love decorous truth, and so ready are
they to distinguish it from falsehood. Among them
nothing is so rare as prosecutions for libel before the
courts.

There is then nothing which the liberty of the press
cannot improve; and the Americans would think that
their government had lost its reason, if they saw in
their budget an appropriation destined to the corrup-
tion and recompense of the journalists. To pay fo-

.j;!'"'

.1 I

'ii

IM'HODUfTION.

(Ii

rci*Tn newspapers to publish articles carefully prepared
for them, would seem at once culpable |)ro(ii«j[ality and
a useless act of folly- I will, however, admit that this
liberty is not without daii^'er for all kinds of ministers.
Cardinal VVolsey said to Fisher, '• If we do not put
down the press, it will put us down." Fisher replied.
" Let us do our duty as good and wise ministers, and
not fear any thing from the malice of the press. II
we would interrogate ourselves we would fmd how
greatly we are indebted to the 'reedom of the press:
when it notices not only our past faults, but also
warns us of those to which we are exposed. I am
accustomed to receive advice from the press. It is
a torch which sometimes hurts my eyes; but, were it
extinguished, I should think that a bandage covered
them."

The diplomatic correspondence is printed by order
of congress, as soon as it can be published with j)ro-
priety. The cases arc rare in which it is kept liom the
knowledge of the citizens. The newspapers, by their
eagerness to gratify curiosity, often anticipate the most
diligent couriers. They sometimes give as much in-
formation as secret and ciphered despatches. These
frank communications are a great innovation in the re-
lations which foreign powers entertain with one ano-
ther; and those who preside in the cabinets of Europe
have not yet been able to accustom themselves to read
in the gazettes of VV^ashington, the conferences which
they hpve had with the American envoys. One would
think that they are afraid of showing to what an easy

science t
despot V^
j)resses.
the name
contempi

The r
pressed v
rarely ex(
it is adeq
means of
always be

These
the name
already fc
ally exten
directions
castles t\
heights,
inhabited
and the t
have beer
peopled a

All the
at the mo
just, and I
tlements
together,
superior
bited lan(
forv of tl

INTRODLTTION. ill

science the art of good government is reduced. The
despot Wolscy tlien liad just motives for dreading free
presses. It is only ministers, who arc truly worthy of
the name of statesmen, that can, with a trancpul eye,
contemplate tlieir action and brave their power.

The right of pubhc petition, the recourse of op-
pressed weakness to a wise and cflicicnt protection, is
rarely exercised. It exists, it is not a vain formahty,
It is adequate to restrain unjust magistrates, and this
means of defence is rarely employed, because it may
always be resorted to.

These republics which, fifty years since, still bore
the names of colonies, provinces, and plantations, have
already founded several new republics. They gradu-
ally extend themselves; cities and towns rise up in all
directions, without being menaced by any citadels or
castles that overlook them from the neighbouring
heights. Uncultivated districts, which were scarcely
inhabited by a few Indian families when Washington
and the two Jumonville met and fought there in 1754,
have been changed into rich fields, and arc now as well
peopled as many countries of Europe.

All the difficulties which a community experiences
at the moment of its formation, disappear before equal,
|ust, and free laws. The rapid progress of these set-
tlements is without precedent. Families associate
together, at their own instigation, and without any
superior sanction, to go and occupy the uninha-
bited lands that are situated even beyond the terri-
forv of the states of the Union. These self-created

'Win

1:1 ;• !'|

IXTRODUCTION.

societies name their own magistrates, their officers of
justice and police, put themselves in a state of defence
against the Indians, and make their own regulations,
to which they render an exemplary obedience. One ol
these associations, composed of three hundred families,
took possession of a district lying on the borders of the
Red River; the new society had not to encounter the
weakness of infancy; it possessed from the beginning
the vigour of mature age, and, a few years after its
establishment, it became part of one of the new states.
It may be remarked, in reading the acts which have
emanated from congress during a period of thirty years,
that they have seldom for their object the old states oi
the Union. The names of some of them do not occur
a single time. Firmly established on imperishable
foundations, they have only occasion for local laws, and
even these are not numerous. Their constitutions be-
ing formed, and their fundamental principles well con-
solidated, the protection of congress is no longer ne-
cessary to the old states. On the other hand, it is con-
stantly occupied with those new communities, which
liavc been founded to the east and west of the Missis-
sippi, since the general peace of 1783. At first dis-
tricts, then territories, and at length admitted to the
rank of states, they enjoy all the rights of the old mem-
bers of the confederacy. Until they have attained their
strength, it is necessary that congress should guide
them, instruct them and defend them from their own
errors; and, as its authority is only exercised for their
advantage, it rarely encounters any obstacles. From

whence, i

communi

formed I

mother C(

beyond tl

The new

and for

state iron

out alarm

tions. Tl

would be

No peopl

powerful I

HI New H

tions wou

the relatic

political SI

dependent

human life

ever, these

mitting tin

longed the

declared t

attempts ii

France,

tiu-ough je;

Jug new cc

on accoun

on the sub

^hat these

INTKOUICTIOX.

whence, indeed, could resistance arise? These new
communities are not hkc ancient or modern colonies
t'ormed by a superabundant population, of which the
mother country wished to relieve herseli', by sending it
beyond the seas to people desert or savage countries.
The new states that are formed exist by themselves
and for themselves, without being subjected to tlic
state from which the emigration proceeded, and with-
out alarming it by tiicir complaints and their insurrec-
tions. The system called colonization is at an end. It
would be vain to attempt new enterprises of this sort.
No people are either sufficiently rich or sufficiently
powerful at sea to imitate what the English have done
in New Holland, and the settlements which other na-
tions would form there would only have with Europe
the relations of commerce and navigation, not those of
political subjection. To attempt at this day to found
dependent colonies, is to waste, without advantage,
human life and public treasure. Year after year, how-
ever, these attempts are prolonged, and the fear of ad-
mitting t:iat we liave been deceived might lidve pro-
longed them indefinitely, if the United States had not
declared that they could not hereafter approve such
attempts in America.

France, England, and Spain have all of them in turn,
through jealousy, prevented the rival nation from found-
ing new colonies. War was near breaking out in 1770,
on account of the Falkland Islands, and more recently
on the subject of Nootka Sound. It was tacitly agreed
Hiat these countries should remain desert. The Amc-

I ^

j'''n^^

, r

INTRODUCTION.

ricans, more just and more powerful in these regions,
wish tliat they should be peopled, and they proclaim,
at tlie same time, with a sort of authority, and perhaps
with too much haughtiness, that they will not hence-
forth suffer any European colony to be established in
the new world. Thus another Europe, a Europe truly
free, rises up in this vast continent; and, before the end
of a century, the United States will count one hundred
millions of inhabitants of the white race. Whether
they remain united in one single confederacy or sepa-
rate into several, the forms of government which tlic\
have adopted do not leave any opportunity for ambi-
tious aggrandizement, and the wisdom of their laws
will preserve among them a friendly understanding. It
Europe must lose her pre-eminence, she can never lose
the many treasures of science and intelligence whicli
centuries have accumulated. It depends on the peo-
ple and on their rulers to retain advantages which will
not be inferior to those of any people of the world.
They will be retained, if, instead of repelling the ad-
vantages of a just liberty, we only avoid its extravagance
and licentiousness; to effect which, education wisely
and universally diffused throughout the nation is the
most certain means.

There is not one of the American constitutions which
does not contain provisions relative to education and
the advancement of science. Commissioners, chosci'
by th-; iPihabitants, superintend the education of youth.
They with pleasure see them instructed by a master,
who has a wife and children, and who teaches them h\

his exam}
Tiicy hav
exclusivel
They beli
that a yo
factitious
choose th(
capacity ir
Their k
England,
confusion
rassed the
They are,
now their
The rights
bihties on
There are
the prejudi
estates.

The law
to foar eith
live power
countries c
very much
served that
for the dec!
10 tell the t
[)robity.

The gem
!>roliibit wi

INTRODUCTION.

liis example to become one day good heads of families.
Tlicy have avoided, with great care, confiding them
exclusively to military men, to lawyers, or to priests.
They believe thp<^ to form useful citizens, it is proper
that a young man should enter into society without
factitious inclinations, without prejudices, and free to
choose the profession to which his taste and natural
capacity incline him. *

Their legal code was originally drawn from that of
England. They have not yet entirely removed the
confusion with which huge commentaries have embar-
rassed the distribution of justice in the mother country.
They are, however, engaged in this reform, and even
now their laws no where offer any traces of feudality.
The rights of confiscation, of primogeniture, the disa-
bilities on the inheritance of aliens exist no more.
There are no longer advantages accorded to men to
the prejudice of women in the distribution of family
estates.

The law once promulgated, the tribunals have not
to fear either the influence of the legislative or execu-
tive power. Oral evidence, which the laws of other
countries only admit with a great deal of caution, is
very much used in the United States. It is not ob-
served that any abuses result from it, and this respect
for the declaration of a witness, who has taken an oath
to tell the truth, is a homage rendered to the national
[trobity.

The general constitution and those of all the states
)»rohibit with great care the granting of any titles of

lima' I

fe3

' ft'^i-

INTRODUCTION.

Ill

nobility. There are, in fact, in the United States, no
institutions which distinguish certain hereditary classes.
and yet it would not be rigorously true to say that they
do not acknowledge high descent. There are in the
country several families, settled there at a remote pe-
riod, who are known by their hereditary merits. It is
never in vain that citizens have recourse to the coun-
sels and assistance of these patricians. Their virtues
are revered, and a homage is paid without difficulty to
a nobility, which consists in services rendered to indi-
viduals and to the republic. The names are important,
so long as the children preserve the high qualities ol
their fathers. It is on this condition that all the good
which their race has done is carried to their account,
If they forget the duties which their eminent standing
imposes on them, they fall lower than those who had
never been thus distinguished; and other citizens, the
names of whose ancestors are unknown, become equal
in reputation to the most illustrious men of their time.*
Such is nobility in America, and it has in it nothing
that offends the principles of equality. This eyception
is the work of those, who, in abolishing the nobility of
birth, have preserved that of virtue.

At the opening of a session of the legislature in one
of the recently formed states, the governor addressed
the following words to a numerous auditory :t

* Nam genus et proavos et quae non fecimus ipsi
Vix ea nostra voco! Ovid. Metam. lib. xiii.

tOur author is mistaken as to the source from whence the extract
in the text is derived. It is taken from a speech delivered by Juds'
Story, in the Massachusetts convention of 1830.— Transl.

" In oui
people; t
the rich n
have not
form a pe
are wealtl
divide the
fast as it {
exertions,
of descen
mate agra
mass heaj
of enterpi
changing
and is soo
no more,
lined limit
another, w
iy on the s
brought d
with scare
to the higl

The de
sure on tl
centuries i
slowly and
deed, but I
mentioned
cles that t
time, let i

INTRODUCTIOX.

" In our country the highest man is not abc^ve the
people; the humblest is not below the people. If the
the rich may be said to have additional protection, they
have not additional power. Nor does wealth here
form a permanent distinction of families. Those who
are wealthy to-day pass to the tomb, and their children
divide their estates. Thus property is divided quite as
fast as it accumulates. No family can, without its own
exertions, stand erect for a long time under our statutes
of descents and distributions, the only true and legiti-
mate agrarian law. It silently and quietly dissolves the
mass heaped up by the toil and diligence of a long Hfe
of enterprise and industry. Property is continually
changing like the waves of the sea. One wave rises
and is soon swallowed up in the vast abyss, and seen
no more. Another rises, and, having reached its des-
tined limits, falls gently away, and is succeeded by yet
another, which, in its turn, breaks and dies away silent-
ly on the shore. The richest man among us may be
brought down to the humblest level ; and the child,
with scarcely clothes to cover his nakedness, may rise
to the highest office in our government."

The development of all these advantages is no cen-
sure on those old governments, which, formed many
centuries since upon other plans, can only be improved
slowly and after mature deliberation. We cannot, in-
deed, but be astonished at the progress which these last
mentioned states have made in spite of the many obsta-
cles that they have had to encounter. At the same
time, let us not hesitate to acknowledge that if the

h**A

\\l

^^'

G«

INTKODtniON.

lit

I 'mm

Americans have profited by the learning and wisdom
of Europe, the people of the old world will, in their
turn, receive like benefits from America. Her example
and recent facts have taught us that liberty does not
diminish the vigour and energy necessary for the exe-
cution of important enterprises. If it does not enervate
republican governments, there is no reason to fear
that it will become a principle of weakness in limited
monarchies. Already, ui spite of resistance on all
sides, the laws are improved, and wise monarchs have
acknowledged that the throne can only be solidly esta-
bhshed by uniting the interests of the prince and the
people: placed on any other foundation, it may be
continually shaken by internal agitations and attacks
from abroad.

The constituent assembly of France made some
progress towards great improvements, when, forty
years since, in obedience to the almost • uniform in-
structions of the people, it reformed our legislation. It
had intended to consolidate the throne in a country
where the royal govcmnient had very deep roots. But.
although its work was in part destroyed, the spirit of
it is preserved, and no effort will prevent France from
again becoming, what indeed she now already is, a mo-
narchy limited by a national representation.

The Christian tenets are acknowledged throughout
the whole extent of the United States. Whatever may
be the modifications v^hich distinguish the difierent
sects, most of them are discreet and conform to the
wise laws which the first author of our religion taught

to man.
principles
fess cxtrav
if a real t(
tempt and
to hinder
civil or p(
from med(
It is not le
of an ecclc
belong to t
in America

Several
public func
the exclusi
houses of i
nets are to
ry of JVlic
priest. Tl
convenienc
before they

}5ut the I
important i
much as tli
those of I
who, by tl
and situati
out the pi
armed witl
conscience

INTHODLtTlO-N.

to man. Divided on articles of faith, they agree in the
nrinciples of morahty. Some of them, however, pro-
fess extravagant maxims, which would be dangerous,
if a real toleration did not soon consign theui to con-
tempt and oblivion. The government only interferes
to hinder doctrinal points from invading the domain of
civil or political legislation, and to keep the priests
from meddling in matters foreign to religious worship.
It is not less attentive to prevent every establishment
of an ecclesiastical jurisdiction; and all matters which
belong to that jurisdiction, in England, are cognizable
in America by the ordinary tribunals.

Several of the state constitutions, in interdictin/y
public functions to priests, could not comprehend in
the exclusion their eligibility as members of the two
houses of congress. A few clergymen of different te-
nets are to be seen in them, and, in 1823, the territo-
ry of Michigan named, as its delegate, a catholic
priest. These nominations are productive of no in-
convenience, because the representatives are citizens
before they are priests.

But the exclusion of ecclesiastics from office is more
important in the United States than elsewhere, inas-
much as there are not in their villages, as in most of
those of Europe, local bailiffs and lords of manors,
who, by the authority which belongs to their rank
and situations, balance that of the priests. With-
out the provision in question, ministers of religion,
armed with the power which they possess over the
consciences of their parishioners, might induce them

•■t'»iJi

I :,.-.;^*:

INTRODUCTION'.

to regulate their opinions and public acts according to
the interests of the prevailing sect.

A tew remarks respecting the catholics will show
the happy effects of a general toleration. The catho-
lics, while the country was under the English govern-
ment, were subjected to a great many restraints in the
exercise of their religion. Even after the peace, and
as late as 1790, there was only one mission for the
whole United States. At this day there are ten bishops
under a metropolitan. The catholic societies of fe-
males have been greatly multiplied. Among those of
the men, the establishments of the Jesuits are the most
remarkable, fn 1806, a brief of the pope permitted
them to preach, teach, and administer the sacraments,
The progress which this society soon made would
have been deemed dangerous in any other country,
and congress well knew how formidable its ambition
and intrigues had rendered it in Europe; but it did not
suppose, it could ever become so in a country where
fanaticism can never stifle hberty of conscience; and
it apprehended no danger from forming a college of
Jesuits at Georgetown into a university, with power to
confer degrees in all the faculties. A timidity, the cause
of which is understood, has prevented this enterprising
society from resuming its true name; but congress
would not have opposed any obstacle to it. It only
sees in its members the propagators of a morality use-
ful to the community and to the instruction of youth,
Every one knows that they blindly obey a foreign au-
thority to which thev are secretly subjected. This oc-

casions nc
"oodness
any reasoi
free and c

It is sai(
there were
since, thei
is principf
Ireland am

There is
not persua
by the aid
a dominan
all kinds o
there is no

What a
foundations
against the
intolerant 1
and ignorj
Franklin fc
States. O
proposed t
conformab]
ter calcula
sages of A

The cat!
rian, and tl
the law. '
indulgence

INTRODUCTION.

casions no alarm, for full confidence is reposed in the
"oodncss of the const ihitions: nor will there ever be
any reason to repent of tins policy* since the press is
free and can never be enslaved by the Jesuits.

It is said, tliat in the city of New York alone, where
there were only three hundred catholics twenty years
since, there are now twenty thousand. The increase
is principally to be ascribed to the emigration from
Ireland and Germany.

There is not in America a single statesman who is
not persuaded that social order can only be maintained
by the aid of religion, and it is to the establishment of
a dominant sect that opposition is alone made. Where
all kinds of Christian worship are mutually tolerated,
there is no longer but one religion.

What an advantage for legislators, who lay the
foundations of a community, not to have to contend
against the errors and licentiousness of paganism, the
intolerant theocracy of the Hebrews, or tlie fanaticism
and ignorance of the Mussulmans I Jefferson and
Franklin found Christianity established in the United
States. Of all the systems of religion that have been
proposed to the human understanding, no one is more
conformable to the rules of sound morality, no one bet-
ter calculated to render man happy, and of this the
sages of America have borne honourable testimony.

The catholic, the quaker, the methodist, the unita-
rian, and the English episcopalian are all equal before
the law. Toleration is not as in Europe an arrogant
indulgence of one sect towards another; it is a perfect

ill

% 4

"^ ■'*p' u. ,

JNTKODLCTlOiN.

Pi-j

equality among all. Religious quarrels, without the
interference of government, arc always innocent. 'J'u
appease the combatants, it is sulHcient to let them
alone.

The acknowledgment of one God, creator and be-
nefactor, is the characteristic which distinguishes the
civilized and educated from the savage and ignorant
man. Many Indian tribes have hardly a vague idea ot
the Deity, or of the immortality of tiie soul. All of
them are in a truly wretched state.

On the other hand, men, who enjoy social advan-
tages, acknowledge that it is to Providence that they
are indebted for them. The state of New York mo-
dified its constitution in 1821, and the new act com-
mences by a homage rendered in these terms to the
Deity: " We, the people of the state of New York, ac-
knowledging with gratitude the grace and beneficcntc
of God, in permitting us to make choice of our form
of government, do establish this constitution."

Thus we see that the Americans, after the example
of kings, found the power of the state on divine right:
this they do with great propriety; for to make men
happy is an obligation imposed on rulers, which should
be placed in the first rank among eternal truths, and
it is to Providence tliat they must be indebted for the
ability to perform this duty.

An article of this constitution proclaims liberty ot
conscience, and the one which follows is expressed in
these words: "Whereas the ministers of the gospel
arc, by their profession, dedicated to the .service of

(lod and
ed from tl
minister c
uhatsocv(
or cnpabii
in this sta

The All
who, in E
vanccs of
never rctr
well of th(
forth notl;
States of 1
feet model

At the p
only the n
sippi were
ly elapsed,
coasts of t
ments, wh
founded tl
have giver
rivers of tl
man the Ik
cius. Con;
after cxten
but its int(
publican g^

* A ship fr
ill 1791.

iMKoni ( HON. I'.i

(iod and the care of soul;?, nm\ oii^^bt not to be divert-
ed from the «^rcat duty ol" their tiinctioiis; therefore no
minister of the «^osi)el or priest of any denomination
whatsoever, sliall, at any time liereaftcr, be ehgibic to
or capabh) of hohling any civil or military ofTice with-
in this state."

The Americans have not to dread those conquerors
who, in Europe, have arrested and destroyed the ad-
vances of civilization. In this situation a [)eoplc will
never retro*,^radc; it will always advance, in spite as
well of the ambitious as of the intolerant, and hence-
forth nothing in the world can deprive the United
States of the honour of having first presented a per-
fect model of the best federal constitution.

At the period of the cession of Louisiana, at the west,
only the months of the rivers tributary to the Missis-
sippi were exploicd. Twenty-five years have scarce-
ly elapsed, and the United States already I'orm, on the
coasts of the Northern Ocean, commercial establish-
ments, which are the germs of states that will be
founded there before the end of the century. They
have given Columbus's name to one of the principal
rivers of those regions,* thus restoring to this great
man the honours unjustly decreed to Americus Vespu-
cius. Congress has not announced the design of here-
after extending the confederacy to the Pacific Ocean;
but its intention of sccurinj; to these territories a re-
publican government cannot be doubted. This system

* A ship from Boston, called Columbus, first entered this river
in 1791.

thk

1^1

INlKOliK 'HON.

is about to cnibraci*, by u gt^nciul impulse, tlic wliok
of the new world; anil it maybe predicted that the se-
veral states, wiiich we sec rise up in tiu! soutli, will
make the coustitutions of the United States tlieir mo-
ileis.

Already strong by tlie irresistil)le power of numbers,
the new republics of the southern continent advance
in the career of independence, which they have con-
quered. They have their own principle of legitimacy,
wliich is the will of all. They have just proclaimed
that " nations exist by the decrees of a universal and
Divine Providence, and that rulers only derive thcii
power from the will and consent of the people." They
may be divided among themselves on questions of po-
litical expediency; but in the midst even of the tu-
mults incident to new states, not a sigh of regret to-
wards their powerless and decrepit parent-country
ever escapes them.

Even the Indian population is but thinly scattered
over the immense space which extends from the great
river to the Western Ocean; and the Americans find
few obstacles in pushing on their settlements over re-
gions, which, in spite of the richness of the soil, have
been long useless to man. Whatever may be our re-
spect for the ancient rights of property, it is difhcult
to admit those of a single family to ten square leagues,
where ten thousand persons could be supported in
abundance.

The Indians maintain that liberty, with the obliga-
tion of labouvini; and obeving the laws, would be real

.slavery,
way, by
forts of t
their con
four cent
wards th(
Mexico, {]
liave pro
roads, far
The ne
the profoi
prcciate s
one side,
beauty; o
table con
social ore
nelits of c
liorate th
yet taughi
inilies is
the smalk
cultivated,
surest gui
vage has
and a few
rate himsc
is suppose
IS unacqu
plying the
rienco tea

iNi'KoDii rrON.

7.)

Iiga-

'liivory. Kiiropc has wi.slicd to civilize tlicni in her
way, by giving tlicni lier laws and lior learning: the ef-
forts of tliree centnries liave not tended to niehorate
their condition; wliile the advances made, three or
four centuries before the discovery of America, to-
wards the introduction of social order in Peru and
Mexico, prove that, left to themselves, reason would
have probably conducted the aborigines, by other
roads, farther than our example hiis carried them.

Tiic neighbourhood of these tribes and the view of
the profound misery which harasses them make us ap-
preciate still more the advantages of good laws. On
one side, we see society in all its vigour, splendour, and
beauty; on the other, a state of weakness, the inevi-
table consequence of the absence of knowledge and
social order. The aborigines, witnesses of the be-
nefits of civilization, have profited little by it to me-
liorate their own situation. Our example has not
yet taught them that the division of lands among fa-
milies is the first condition of the social state, that
the smallest proprietor loves the field w-hich he has
cultivated, and that this attachment to the soil is the
surest guarantee of the repose of society. Tl)e sa-
vage has no property except in his bow, his canoe,
and a few ornaments, with which he delights to deco-
rate himself in battle or on holidays, l^ess free than
is supposed, he is dependent for his daily wants, and
IS unacquainted with the most ready means of sup-
plying them. In the civilized state, science and expe-
rience teach these means to man, and his well-being

ili

I lib:

lli

IMRODUf IIO.N.

advances with his knowledge. It is for a contrary rea-
son, that error and ignorance are so favourable to
despotism. The Indians do not, however, live wholly
without restraint: travellers have found none of them
in that primitive state, which we have called the state
of nature, and in which even the ties of families do not
exist. Their liberty is not the right of doing whatever
they wish: they have customs which occupy the place
of laws, and which, though they arc ferocious and san-
guinary, serve to moderate their excesses. A savage
came one day to Sinnamari and said to Simapo, liis
chief, " Aricapoto has killed my brother; I have killed
him, and his son likewise." I heard Simapo reply.
" You have done well.'' '• I am going also," conti-
nued the Indian, -to kill the brother of Aricapoto."
SimajK) forbade him, and the injured man stopped lii^

vengeance.

Reason has banished from our codes whnt was lor
a long time called public vengeance. The civil autho-
rities no longer })unish exce|)t to restrain the guilty ami
to deter, by example, others from the commission of
crime, l^ut, among savage tribes, vengeance is pur-
sued by families, and the i)ublic power sometimes in-
terposes its aid. If the murderer takes refuge amomi
a neighbouring and friendly nation, it is obliged to do-
liver him up; or, should it refuse and protect him, tiic
refusal almost always becomes a cause of war.

The aborigines are not ignorant of the horror, witli
wliich the custom of eating prisoners of war mspircs
us, and I have never been able to obtain any j)reci8r

iiitormatio
subject,
silence, hri
have not j
nion a moil

From tl
count, the
into distin
small nati(
,<liould h;\\
guished tc
guages, wl
language i
diflerent tl
into small
ncvcrtiiele:
and above
they obstir

These ii
and in thei
crful, after
nicorporat

Some sa
whites. Ii
wliich the)
they oL cy\
progress.
spectacle
neither jea
fling indeni

INTKODl'CTIO.N.

iiitbimation from tliosc wliom 1 have questioned on this
subject. 15ut the vagueness of tlieir replies, or their
silence, has led me to believe that our exhortations
have not put an end to the practice. It is more com-
mon among the northern than the southern tribes.

From the earliest period, of which wo have any ac-
count, the savages of North America liavo been formed
into distinct tribes; every one of which constitutes a
small nation. These tribes, whom a common interest
.-should have united against the Europeans, are distin-
guished to the west of tJic Mississippi by lour lan-
guages, which bear no comiiton resemblance. Each
language is again divided into dialects, which are so
diflerent that it may be concluded that the separation
into small tribes dates back several centuries. They,
nevertheless, resemble one another in their customs,
and above all by the j)rofound ignorance, in which
they obstinately continue.

These indej)endent societies are seldom at peace:
and in their wars it often happ,ens that the most pow-
crfnl, after having coujpiered the weaker tribe, either
uicori)orates it with itself or exterminates it.

Some savages have i)acilic dispositions towards the
whites. Indemnified at a small e.\j)ense lor the lands
which they abandon, tolerated on their own territory,
they ot 'erve the new-comers without interrupting their
progress. The communitv which is lorming is like a
spectacle presented to their curiosity; they conceive
neither jealousy nor alarms res})ecting it, and, for tri-
fling indemnities, religiously observe the peace of which

te'i

1 '''•-•■■H,^

i,>«<j

'-W%^

«H.

iMKOl'L( I'lON.

the calumet is the symbol. A subsidy, tliough aii-
nual, is only in their eyes the price of" the land which
they abandon. It" they received it as the condition ofu
peace, they would consider their tributaries interested
in breaking the treaty.

Others have warlike dispositions and arc not so ea-
sily subdued. Those who are still scattered along tJK
borders of the Mississippi and of" the numerous streai ■
from which that river receives its waters, misht arm
twenty thousand warriors, but they arc in no condition
to unite their forces: they fear the Americans, who arc
so superior to them in numbers and skill. They were tlic
auxiliaries of the English in the war of independe'iec.
and in that of I {{12. They continue since the peace
to trouble their neighbours, less indeed by constant
hostilities than by frecjuent surprises on their extreme
frontiers. If they attack with fury, it is not so much to
avenge the loss of their territory, as through hatred ol
civilization. They arc irritated at the progress of social
order, as soon as they fear that it is intended to sul^jcct
then) to it: thev detest its advantages, because the.
cannot reconcile tlicni with a liberty which cannot en-
dure control, iuither than subject themselves to tin
restraints inseparable from the civilized state, they fly to
a distance, abandoning their native soil and the abode
of their fathers. But whether they remove or whether
they remain, when war is once terminated by a treaty,
they lay down their arms and only resume them for the
chase. To go during peace to visit their chief or then
friends, with the bow or the tomahawk in the luuul

would app(
battle with

Tiiere a
nicnts — the
luivc bccon
society beg
tcrs, there
wants, he \
milk, to be
pic slicep-sl
-top, that tl
stops.

The aboi
than our vir
more oppor
Those who
giving them
IS thus that
our usages y
depraved ai
who are for
more hospit;
have besun
mechanical
to teach the
hsten to the
out assentinj
What has be
It's Letters,"'
have publisi

IN'I'KOFMTTFOV.

tlie\

cu-

tlu

ly I.)

30(1c

)thL'i
caty
the
then

would appear to thorn as unreasonable as to march to
battle without arms.

There are with them only two i)rinci|)al rmpjoy-
mcuts — those of hunters and warriors. Some, it is true,
have become shepherds: it is tims that a more regular
society begins to be formed; wherever tiiere arc mas-
ters, there arc servants. The chief, then, lias new
wants, he wishes to be better fed than on bread and
milk, to be better clothed than his servants, and a sim-
ple sheep-skin w ill not satisfy iiim. It is, at this first
step, that the civilization of many of the Indian tribes
stops.

The aborigines have more readily adopted our vices
than our virtues, and the whites afibrd them, indeed.
more opportunities to imitate bad than good examples.
Those who trade with them are seldom capable of
giving them lessons of morality and good conduct. It
IS thus that these Indians, familiarized with some of
our usages without our morals, have become the most
depraved and the most miserable of men. Those,
who are for the first time known by the whites, exhibit
more hospitality and frankness. A very few of the tribes
have begun to cultivate land, and to exercise the rudest
mechanical arts. But it has been in vain attempted
to teach them our religion and its mysteries. They
hsten to the missionaries without interest, and with-
out assenting to their doctrine or rei'using their belief
^Miat has been narrated by the authors of** The Jesu-
it's Letters," what the English and other .missionaries
'i'lve published, lias not been confirmed by tlie tcsti

.i*§

M««

I.N I'KODt t 1 iON,

mony of any traveller. A child six years old, cdiicateii
among us, is better acquainted with the ('hiistian reli-
gion than an Indian ,vho has been instructed in it for
ten years. The whole of the Old and New Testa-
ments has been translated into the language of the
most numerous of these nations. Two editions of tiie
work have been printed in England: but not one Indian
even knowing how to read could understand this book.
m which there is scarcely a word in ten that belongs to
his language, h is a useless labour, dictated by iir
norance, or perhaps undertaken to deceive persons in-
discreetly zealous for the conversion of the savages.

The missionaries, whom zeal still carries into these
regions, arc soon convinced that they have given too
much credit to the narratives of those who have pre-
ceded them.

An imposter, who represented himself as a mission-
ary, was hospitably received by the tribe of Osage?
He pretended to have the gift of exorcism, and laugli!
the people in what this power consisted. Several de
moniacs presented themselves, and were delivered
Many sick then came from neighbouring tribes, witli
whom he had the same success; but these men, proud
of their supernatural cure, became turbulent, and quai
relied with one another and with the other familio?
The sachem or chief of the Osages considered it j)iu-
dent to send away the pretended exorcist, and, as soon
as he was gone, there were no more men possessed
with devils.

We may j)rcdi( I with rontidenrc. Hi.d. U) loss thai

two centu

two A men

serve thei

races shoi

the whites

two rival f

prolongino

the power

The Ain

law respec

view to th

right bank

separate a

confederac

The Cherc

by which it

and they h

niary grant

the wester]

still going (

"An attc

Monroe, in

1824,) "wo

measures tc

ill our limit!

uiid a charf

* Traveller!.
Indian tribes,
will extend ir
sL'arches fix tl
lie nece?s<arih

IN rK()i)i;( Tio.N.

tli:

Uvo centuries, all these nations will disappear from the
two Americas. History and <Tcography will scarce pre-
serve their names: if a tew feeble fra<fments of their
races should still remain, they will be confounded with
the whites, and there wi!) not be seen on the same soil
two rival people, one subject and conquered, the other
prolonging the right of war. and perpetuating in peace
the power of victory.*

The Americans hold it as a maxim of their public
law respecting the Indians that it is advisable, with a
view to their own happiness, to remove them to the
right bank of the Mississippi; that their existence, as
separate and independent tribes in the bosom of the
confederacy, is incompatible with the civilizx'd state.
The Cherokees and Creeks first resisted this policy,
by which it was intended to drive them from Georgia,
and they have not been enticed away either by pecu-
niary grants or olfers of a more extended territory in
the western regions. The negotiation is, however,
still going on.

'• An attempt to remove them by force,"' (said Mr.
Monroe, in a message to congress of the 30th of March,
1B24,) "would in my opinion be unjust. In the future
measures to be adopted in regard to the Indians with-
in our limits, the United States have duties to perform
and a character to sustain to which they ought not to

* Tiavellers have given stateinoiits of the population of all the
Indian tribes, that inhabit the regions to which the United States
will extend in advancing towards the great ocean. Their rc-
Miuches fix the ninnbor of souls at 5 :?4,6.')6. These rnlculatious
;>ie necessarily very uncertain.

iiii

4iiii|^-

A'i

i'nm"'

:.^-. ■'•'■'«

'•Vi

! ft? t.

INTRODUCTION.

be indiflcrcnt. My iinpiessiou is equally strong, thai
it would [uoniote essentially the seeurity and happi-
ness of the tiibes within our limits, if they could be pre-
vailed to retire west and north of our states and terri-
tories vMirrounded as they are, and pressed as thc\
will be on every side by the white population, it will be
dithcult, if not impossible for them, with their kind o!
government, to sustain order among them.*'

The cession of I Louisiana will facilitate to the Ame-
ricans of European descent the execution of the great-
est designs. They have already made, in a very few
years, more progress towards happiness and civiliza-
tion than Asia has made for many centuries. This the\
have done, because they have founded the social state
upon its true basis; because they have been the first to
find out that the liico of the world in "hanged by the
great discoveries of modern times — the mariner's com-
pass, — the art of printing, and the liberty of the press,—
the abolition of the slave trade, — steam navigation
and the many other conquests of science and wisdom.
whose utility can no longer be called in question.

A steam boat can ascend from the moutli of the Mis-
sissippi to the junction of the Yellow Stone with the
Missouri, a distance of eight hundred leagues. Mines
of coal, the indispensable auxiliary of this navigatiou,
are found near the banks of the rivers, and beds of thi?
combustible are almost on the suriiice of the eartii.

The territory washed by the great river and its tri-
butary streams is in general fertile, and is in exteii'
three or four times the size (»f France

1 i*j.

The go
called rep
republics,
among tlu
much as
([uently no
more rapi
Cluirlestoi
twccn Coi
racuse, bul
made to ai

Newspa
ty: they pu
lions of re:
from the I
or six thoi
and famili(
morning,
of newspa]
which an ii
^4iuire. T
concentrate
mogenous (
as well as i
continent.
shores of i
This great
moving rou
about to be
the isthmus

INTKODl ( rif)\.

a;i

The govcrnmcns of Greece and Rome, Avhicli were
called iej)ul)lican. were very dilVerent from these new
republics. Did they wisii to form a confederation
among tiiemselves? Nothing was more ditlicult, inas-
much as they iiad not the same institutions, and fre-
quently not even the same customs. There is not only
more rapid and frc(iuent intercourse between Boston,
(liurleston, and New Orleans, than ever existed be-
tween Corinth and Athens, or between Kome and Sy-
racuse, but their respective views are much more easily
made to accord.

Newspapers constitute a power unknown to antiqui-*
ty: they put questions and give answers, they have mil-
lions of readers, and the orators of Rome and Greece
from the height of a tribune could only address live
or six thousand auditors. A journal is read calndy,
and families peruse it during the leisure hours of the
morning. There is no reason to fear from the reading
of newspapers the sudden and unexi)ected tumults,
which an impetuous tribune could excite in the public
square. The ancient re[)ul)lics were almost always
concentrated in cities: the American republic, of ho-
mogenous elements and uniform laws, exists in villages
as well as in large cities, and extends over an immense
continent. Its progress will not be limited even by the
shores of the vast regions discovered bv Columbus.
This great man believed that he could go to India by
inoviniT round the globe to the west. His design is
about to be accomplished. A navigable breach through
the isthmus which joins the two Americas will one day

W*l

''M

rii^

P*t

1 1' Mil

liP'

;*«=H

*l(

INTROmiCTIOX.

be opened to approximate Kiiropc and Asia, and future
ages will admire this triumph of science over nature.

Panama, or rather some other neighbouring city, will
unite the deputies of thirty repubhcs, or, to speak more
correctly, of a great part of the globe. This council
will confine its deliberations to the interests of Ameri-
ca, as that of the Amphictyons did to those of Greece.
But, without taking any active part in the events ol
Europe, the ini[)erial and royal cabinets must expert
that its example will have an inilucnce there.

It is in the boundless regions of America that the
human race may henceforth freely multiply. There.
for many centuries, want will not throw impediments
in the way oi' the conjugal union, nor will parents
have to fear that the earth will refuse the means of
support to those to whom they may impart existence.

Wiio can contemplate, without vivid emotions, this
spectacle of the happiness of the present generation.
the certain pledge of the prosperity of numberless ge-
nerations that will follow.'* At these magnificent pros-
pects, the heart beats with joy in the breasts of those
who were permitted to see the dawn of those bright
days, and who arc assured that so many iiappy pre-
sages will be accomplished. I had that good fortune.

I have readily yielded to the pleasure of rapidh
sketching the picture of this new people, but [ will no!
venture to assert that they are secure from all contin-
gencies. Their union now constitutes their strength.
and yet there are between the northern and southern
stateis, principles of division which in many cases em-

barrass th
states wer(
by the cavf
not effaced
hereditary
of a separa
shock. T
uorth-eastc
voted to a«
twcen the i
in the nort
cultivating
employ the
The gov
mcontestal
individuals,
IS expedien
classes of r
exception,
for all crea
of the nor
enjoyments
price of tl
very is the
If this is i
irf there, a'
tlian «lave!
what \m» I
iity years,
^laverv, I v^

IN'fRODLCTIO.N.

barrass the most prudent statesmen. The northern
states were founded by the puritan:^, tliose of the south
bytJje cavaliers or royahsts. A century and a haU' has
not effaced tlic traces of tliis diflerence of origin: an
hereditary antipatliy will one day perhaps be the cause
of a separation that will not be eflbcted without a great
shock. The arts and navigation are honoured in the
north-eastern states, the southern are principally de-
voted to agriculture. Hence the sources of rivalry be-
tween the north and tht; south. Slavery is abolished
in the north, at the south it is the principal means of
cultivating the soil. Attempts are also now making to
employ the slaves as mechanics and in manufactures.

Tiic government of the United States holds, as an
incontestable maxim, that public morality, like that of
mdividuals, is founded on doing what is right, not what
is expedient. This rule is not, however, applied to all
classes of men without distinction. The blacks are an
exception. Liberty only exists without restriction, and
lor all creatures endowed with reason, in seven or eight
of the north-eastern states. In the other states, the
enjoyments of the citizens and free iidiabitanls arc the
price of the oppression of a numerous class, and sla-
very is the condition of almost two millions of blacks.
If this is in the southern states u means of riches, it
IS there, at tl^o same time, a more horrible scourge
than slavery ever was in Europe. AVithout repeating
wliat has been r*>eclioed by so many voices, during
iifty years, respecting the injustice and barbarity of
slavery, I will point out the obstacles which, until the

iMi

.|.ii

■■^i

«*«»

>u.

INTRODUCTIOiN.

present time, have prevented the cftcctual cure of this
great calamity, and the dangers to which the masters
themselves are exposed, whether they either maintain
shivery or aholish it.

It is acknowledged that to perpetuate it is to sup-
port in the hosom of every family enemies, who are hut
too well aware that the time of their manumission i<
arrived. They arc impatient at the sight of three huii-
dred thousand freemen of their own race, who, in tlic
United States alone, were slaves like themselves. Ir-
ritated from seeing themselves m a state so diHercnt
from that of their fellow-hlacks, they sometimes en-
gage in secret plots, and at other times assemhle in
large numhers prepared for revolt. The mere sound
of the whip, the slightest punishment, makes a whole
plantation foam with rage. Domestic j)lots and at-
tempts of open force, alike to be dreaded, are motive:;
for the masters to draw tighter the bonds of slavery.
Humanity and justice, liowever, call for that manumis-
.sion, which was formerly so useful in Europe. But it
would have, in America, consequences which the
emancipation of the serfs never produced. They, as
well as their masters, were of the white race. No na-
tural mark distinguished the free born man from the
manumitted slave; the amalgamation was easy, and
emancipation having put an end to all political distinc-
tions, the others were soon effaced.

In America distinctions, humiliating to the emanci-
pated slaves, still separate them from the white race.
They have in many states neither the right of voting

ill election
ticc, except
public en)|
of connect
tlioy are on
as a degra
fused, ncce
nual object
end lose
the anibitio
rare qualiti
ters disting
into the "^r
ta^^es whicl
virtues, arc
render then
[a 1827,
United Sta
;]00,00() fre
that of free
some states
parison of t
render it su
sion could i
whites, and
other hand,
iind of the
Ironi the a
distinct, an(
'•':'rtv, is to

INTKODLCTIOiV.

;il elections, nor of ^nviiij,' cvitlcncc in courts of jus-
tice, except in trials iitnonj^ themselves. Excluded from
public einploynients, and deprived of the opportunity
of coiuiectinfT themselves in marria<re with the whites,
liicy arc only half citizens. They arc every where held
as a degraded race, and this opinion universally dif-
fused, necessarily dehases and corrupts them. Conti-
nual ohjects of the contem|)t of the whites, they in the
end lose their self-esteem; elevated sentiments and
the ambition of rising above this abject condition, arc
rare qualities among them. If some superior charac-
ters distinguish themselves, they arc soon pushed back
into the -^rowd: it may even happen that the advan-
ta»fcs which they have received from nature, useless as
virtues, arc converted into vicious inclinations, which
render them enemies of society.

hi 1827, there were in the southern parts of the
United States about 1,800,000 slaves, and at least
.)00,O0O free blacks. The number of slaves was to
that of free whites in the proportion of one to two in
some states, and of one to three in others. The com-
parison of these numbers, and the dillerenco of colours
render it sufficiently manifest thai a general manumis-
sion could not take place except to the injury of the
whites, and with imminent danger to them. On the
other hand, reason revolts at the idea of a mixed race,
and of the degradation which would necessarily result
Irom the amalgamation. To keep the two classes
distinct, and let them equally enjoy the benefits of li-
'•crty, is to resolve on a civil war. Difficulties prcscui

.»li

IMAGE EVALUATION
TEST TARGET (MT-3)

1.0

I.I

1^ 1^

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L25 ill M 116

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Hiotographic

Sciences

Corporation

23 WEST MAIN STREET

WEBSTER, N.Y. 14580

; 716) 872-4503

»8

INTRODUCTION.

themselves on nil sides. Moans of rendering their ii;.
crease less rapid have been sought in vain. The im-
portation of negroes ceased in 1808, and since then the
white population has augmented faster than the black;
but, at the south, the climate is favourable to the in-
crease of the people of African descent. Humanity
has, we arc assured, rendered their treatment more
mild in most of the plantations. But it is still slavery.
Emancipation has beco ne general in the northern
states, without being favourable to the increase of the
blacks. They enjoy there all the rights of citizenship;
but their number is so small, as to be scarcely re-
marked. This is the case from the states of Maine
and New Hampshire to those of Pennsylvania and
Delaware. But in Maryland and the other southern
states the number continually grows larger, and it has
doubled in ten years in many families of slaves. It
diminislies, on the contrary, after manumission, and
the white population increases. Slavery in all its ri-
gours exists in these states; some have even thought
proper to prohibit emancipation. In other states, in-
dividuals have liberated all their slaves. Washing-
ton is cited among those who first set this example;
but it is acknowledged that this generous resolution
had its inconveniences, and the manumitted slaves, as
I have just said, only enjoy a part of the civil rights.
Their admission to the legislative assembly would lead
sooner or later to the emancipation of all. The ex-
istence of one of the two classes would be jeopard-
ed : for nature, by distinguishing by an indelil

)|r

IMRODIJfTlON.

«9

mark the blacks from the whites, has rendered a sin-
cere recoiiciUalion inipos.sible, and tliere would always
be reason to dread the extermination of the weaker
party. In the meantime, iniperlbct liberty by the side
of complete liberty is, for the people of colour, slavery
Itself. Alarmed by so many dangers, some statesmen
have attempted, since 1815, to form on the western
coast of Africa a colony of free blacks born in America,
and thus restore to this part of the world the inhabitants
whom America formerly received from thence. For
this purpose, expenditures have been liberally incurred.
But the result has disappointed the hopes that were,
at first, entertained. The blacks themselves regard
tliis exile as the climax of their misery. Whether it
arises from aft'ection for the country which rejects
tliem, or from fear of finding slavery in Africa, there
were scarcely four hundred persons in this colony in
11)26; the founders, however, begin to flatter them-
selves that their perseverance will triumph over all ob-
stacles, and they have been encouraged by the last re-
ports which have been made to them of the condition
of Liberia.

In 1823, Boyer, the chief of the republic of Hayti,
also invited these affranchised blacks. Offers of hospi-
tality, and the certainty of obtaining grants of lands
seemed calculated to attract them. About three thou-
sand were induced by the prospect thus held out to
them; but they were idlers, without means, who ex-
pected to live in St. Domingo, wholly without labour.
The government of Hayti was soon tired of these use-

id!

pi*"

H43

JNTKODICTION,

less and exacting guests. President Boycr was obliged
to witiidraw the advantages which he had announced.
and the republic gained by sending them back, at its
own expense, to the United States, from whence they
had come. Finally, it has been proposed to assign to
the free blacks a territory in America, situated to the
west of the Rocky Mountains, and at a great distance
from the whites. This project has met with the strong-
est opposition, and has not even been j)ut to the trial.
The entire race detests the whites, who have so long
oppressed them. Such neighbours would, at a future
day, be more to be dreaded than the savages. The
proximity of the republic of Ilayti inspires the United
States with just and lively alarms, and they refuse to
acknowledge the independence of the Haytians, be-
cause they are of the same colour with their slaves.
When the desijins of nature have been violated for
many centuries, the best intent'.u " every where meet
with difficulties.

The abolition of the slave trade has palliated these
evils; but they are always very great ones, and while
the whites arc themselves suH'ering mconveniences
from the faults of their forefathers, the slave remains
without consolation. Another distressing considera-
tion is, that slavery constitutes a perpetual cause of di-
vision. The inhabitants of the north hold it in detes-
tation, and those of the south wish in vain to deliver
their country from it.

This irritation was manifested in an alarming manner,
when the time arrived for admitting into the Union the

I\TKOI)l'fTI()>.

y»

liged
need,
at its

they
gn to
o tlie
tancc
rong.

trial.

long
iiturc

Tlie
^nitcil
sc to
3, be-
laves.
d tor

nieel

these
while
ences
nains
dera-
of di-
letes-
ehver

nncr.
n the

territory of Missouri, which, with those on the right
bank of the iVlissi^!.<ippi, formed a part of ancient Lou-
isiana. Tlie inhabitants seriously reckoned among
the rights of man, that of possessing slaves. The op-
ponents of slavery reproachfully asked them in reply;
"Do you, who enjoy all the inestimable advantages of
liberty, while slavery still alllicts the neighbouring
states, do you wish to introduce it in a new sta*"^?
These regions, which have never seen slaves, will re-
ceive from you an institution that has become the hor-
ror of the world, and is the most abominable one that
has ever dishonoured society."

The Missourians answered, " That their want of
.slaves was manifest, and that necessity made the law,
that congress ought not to interfere in the formation
of a state constitution, except with respect to its re-
publican character." They added, that, "if it was in-
tended to oppose obstacles to their happiness, they
would be able to do tlumselves justice."

The general constitution of the United States has
excepted such questions from the number of those on
which it belongs to congress to pronounce. It dis-
cusses, but docs not decide them.

Some ambitious men would have seen, without
regret, these discontents produce two independent
confederations; — one to the north, the other to the
south. They believed it possible to introduce in the
northern section a government conformable to that of
England. They would have been resigned to even

V'l

' i

P^^.

INTRODUCTION.

have had, instead of hereditary chiefs, only presidents
for Hfe. The south would have preserved its laws.*

If the separation had taken place, it would not have
overturned the most beautiful monument of liberty that
mankind has ever erected; but the strength which
union necessarily gives to growing states would have
been lost, and England would probably have seen.
without regret, a division in the bosom of the only ma-
ritime power that she has reason to dread.

After three years' discussion, the menace of this se-
paration made the partisans of slavery triumph. It
was authorized in Missouri, on condition that the slave?
introduced there should come from the other states cl
the Union.

Other causes will weaken for a still longer time the
advantages offered to Europeans in this part of the
new world. If no property attaches them to the soil
of Europe, or, if tired of exhausting their strength in
the cultivation of a few acres of land, they go to Ame-
rica in quest of extensive plantations, the clearing of thi

* On matters of opinion, where he has diftercd from the author.
the translator has not in general deemed it within Sis province to
ofter any comment. He cannot, however, be accessory to the pub-
lication of this book in America, without alluding to the mistake,
that is entertained abroad respecting the views of those who took
part in the Missouri controversy. Without referring to the merits
of the question, it may be confidently asserted that no, member of
either house of congress, during its discussion, looked to the sepa
ration of the Union as a consequence of the vote that he was about
to give. In both the parties to which that dispute gave rise, were
to be seen men of the purest patriotism and most elevated view?.
who honestly differed on a point of public policy. — Transl.

INTRODl/CTION.

dents

have

y that

which

have

seen.

y ma-

Ills sc-
>h. h
slave.*
itcs ol

no the
of the
ic soil
gth ill
Amc-
of the

autliui.
incc to
he pub-
liiistake,
ho touk
; merits
mber ol
le sepa-
ls about
,e, were
1 view

land will require on their part indefatigable courage.
The more ^ertile the land is, the more reason is there
to fear its unhealthfu'.ness. Those dreadful maladies,
from which Europe is not even at this day exempt,
produce fatal and rapid ravages in countries where
new clearings expose to frequent changes of tempera-
ture and great humidity. Fevers, as dangerous as the
plague, have within a few years appeared in those re-
gions. Friends, even neighbours, cannot easily visit
one another. It is sometimes necessary to renounce
tor a long season that social intercourse, which in our
poorest villages renders the greatest misery supporta-
ble. To the tediousness of solitude are joined the ri-
gours of winter. Rains and drought endanger the ex-
istence of the newly arrived planter. He has settled
in the neighbourhood of a river, the shores of vhich
lie has seen enriched with green meadows. Twenty
years of peaceable possession have successively en-
couraged him to enlarge his estate. Bw a scorching
summer comes on; melted snows descend in torrents
from the tops of the mountains; the brooks suddenly
swell the rivers; the waters rise in a few hours to fif-
teen or eighteen feet above their natural bed; one day
destroys the labours of long years; flocks, barns, and
dwelling houses are all carried off* by the flood, and
the planter is not always able even to save himself and
family.

Other emigrants begin to settle, without having pro-
vided necessaries to support them after .1 bad harvest.
One description of insects destroys their crops, while

%^..

' 1 R ».

? •*.!

IXTROUI CTIO.V.

Others, more to be dreaded, attach themselves by
swarms to tlie hihourer en^jja^rcd in clearing the new
hmd, and by their many acute stinj^s occasion torments
unknown in Kurope. The lands near the Missouri arc
sometimes torn u|) by frightful earthquakes. When
the swellings of this river unite with those of the Mis-
sissippi, they destroy the embardvuients wliich nature
or art has formed along their shores: tiie inundation
enters through vast breaches, and extending thirty
leagues from the river, kills the cattle and lays waste
the cultivated fields.

Of all the inconveniences to wliich a family com-
mencing a settlement is subject, the neighbourhood of
the savages is most to be dreaded. Some are fero-
cious, and disposed to acts of treachery even in the
midst of peace, and carry on war for the most futile
causes. Some tribes preserve the horrible custom of
eating tlieir prisoners. The settlers are obliged, after
the fatigues of the day, to keep guard against sudden
attacks during the night, and tliey sometimes watch in
vain. The Indians look out for the moment when the
head of the family is absent, in order to cut the throats
of his wife and children: they carry ofl'or disperse the
cattle, and set fire to the barns and crops. It has been
vainly attempted to meliorate their customs by educa-
tion. Ignorance is dear to them, and from Algiers to
the hut of an Osage, ignorance has for its companions
barbarism and all the vices.

We see hi our sacred books man already civilized
and religious from the very origin of the world. The

IN IKODLCTION.

9.>

brutislinesa of the sava^rcs obliges us to assign tlieni, if
not a more aiicienl, at least an unknown origin. It is
with such tribes tliat we sliould commence the history
ol tlie human species. It appear.^ to be still nearer its
cradle among the iiordes of Austrf !asia tiian witli the
inhabitants of tiie banks of the Missouri. The ditfer-
ciice, iicvvcver, only consists in the degrees of igno-
rance and ferocity.

Every thing autliorizcs us to predict the end of these
calamities, and the great events wijicii are now pass-
ing in America, call the views of statesmen to an ap-
})roachin<r melioration. This immense country is no
longer dependent on Kurope. From tjie Atlantic to
the Pacific Ocean, rapid changes bear glorious testi-
mony to the progress of the new world. Numerous
republics daily make new advances, and it is thus that
the guarantees of happiness in the civilized world in-
crease. Let us, then, prepare for the most important
changes. Let the hope of retaining the people in sla-
very by the aid of ignorance be abandoned. Let us
submit, without regret, to a happy necessity, and let
us acknowledge that limited and constitutional monar-
chies, far from having to dread libertv, will find in it
their firmest support, and a bulwark against licentious-
ness and revolts.

I will explain, before concluding this essay, how the
United States have been able to make so great pro-
gress in so short a time.

From the year 1787, the period when the constitu-
tion received its last form, tho jC who presided over the

;!J!

f •,■ *

i)0

IMRODUMIO.N.

public aOairs directed all tlicir attention to the mcan^
of securing the benefits ol* tlio new system for every
class of citizens. 'J'he diminution of the fiscal char^fc:
appeared to them the necessary consequence of the
return of peace. The long agitations of their revolu-
tion had ceased, and the resolution of faithfully paying'
the public <lebt tran<|uillized all minds. They were
careful in all their negotiations not to contract any en-
gagement t))at could oblige them to take part in Eu-
ropean quarrels. But Europe came to seek them, and
they could not remain isolated. It was in 1793 that
those beautiful maxims of neutrality were proclaimed,
the sincerity and advantage of whr:h an experience ot
thirty-five years attests. Some, however, professed
their admiration for the principles of our revolution,
though they entirely condemned the acts which dis-
lionoured it: others appeared as the open partisans ol
England. Congress was obliged to declare war ra-
ther against the directory than tf.e people of France.
Napoleon had hardly seized the helm, when he ac-
knowledged the great impolicy of this war. He made
peace in 1800, but the Americans only signed it on con-
dition of preserving the principle of neutrality. This
system secured, during five or six years, to their mer-
chant-marine the commerce of the richest portions of
the globe. England and France, however, soon irri-
tated at their success and jealous of their great pros-
perity, attacked, both at the same time, navigators
enriched by the (juarrels of Europe. The American
government, in the midst even of its harassing difficul-

ties, cfte
then that
incrce foj
affairs of
of the W(
The Ai
troductioi
because t
acquired
rect taxes
Mr. Madi
anew to in
themselvr
should be
oppositioi
manifestei
Kurope pi
president
self, in hi;
taxes: he
equalled, \
sors. It \
prosperity
to assume
and navig
republics,
are appea
served the
which her
cceded an

INTRODUCTION'.

tiof?, cflbctually pcrscvcrc<l in its maxims, and it was
then that it was indebted to its navigation and com-
merce for the ascendency, wliicli it acquired in all the
iiflTairs of America, as well as for its influence in those
of the world at large.

The Americans consider taxes imposed on the in-
troduction of foreign productions less burdensome,
because they pay them only indirectly. Mr. Jefferson
acquired great popularity by substituting them for di-
rect taxes, real and personal. The war of 1812 obliged
Mr. Madison, who succeeded him, to have recourse
anew to internal taxation ; but this people would consider
themselves no longer lice, if the weight of the imposts
should become disproportionate to their ability. The
opposition, which was then only the English party, again
manifested great activity, when the return of peace in
Kiirope put an end to this source of excitement. A new
president of the United States, Mr. Monroe, found him-
self, in his turn, in a situation to lighten the internal
taxes: he returned to import duties: his popularity
equalled, and perhaps surpassed, that of his predeces-
sors. It was under his peaceable government that the
prosperity which now astonishes the world was seen
to assume new channels. Agriculture, manufactures,
and navigation animate all the parts of these numerous
republics. The vio'snce and animosities of the parties
are appeased. Both have, by different means, equally
served the state, and to the almost hostile dispositions
which heretofore distinguished each of them has suc-
ceeded an emulation, which, by increasing the fortunes

1 I

: .t

INTUODK TIOV.

of individuals, contributes to the general prosperity.
The great riches acquired by commerce arc applied
to vast undertakings.

The population increases at a rate which surpasses
all conjectures. The citizens enjoy an entire liberty of
conscience, and no where are more families to be seen
sincerely religious. Political equality is perfect among
them, but it docs not exclude the consideration and
respect that are the attendants on personal services
and merit.

To what arc such glorious advantages to be attri-
buted.'* To the goodness of the laws and the wisdom
of the government.

Wc have seen Bonaparte overturn and build up
thrones at his pleasure. If these sports of his prodi-
gious power had for their object the debasement ol
royalty, he was greatly deceived. It is true that he
has irretrievably destroyed that great mystery of power,
which gave to monarchs a supernatural and almost di-
vine existence. It is well known at this day that thcv
are men like ourselves; but nothing can take from
them a proud prerogative, a privilege, the loss of which
would carry with it their destruction. I mean the ob-
ligation of being just, virtuous, and good, under the
penalty of behig deemed incapable of reigning; and it
is thus that the maxim, so often false, " that kings can
do no wrong," has become true.

In writing this essay it has several times occurred to
me, that my remarks might be regarded in the light of
allegories imagined by timid moralists to moderate the

INTRODUCTFON.

rcvcrity of their counscln. Sucli has not been my in-
tention. How is it possible to assimilate tlic condition
of America with that of Kurope? How can wc pre-
tend to treat in the same maimer a country where
boundless and fertile territories will present themselves
for more than a thousand years to the activity and
wants of man and our Europe, where five families out
of six are wholly destitute? I have wished, I say it
frankly, I have wished that it should be admitted thai
there are no great distinctions between the principles
of monarchies and those of republics.

The sovereign, whether called king, magistrate or
people, can henceforth only govern by the aid of re-
spect for political liberty. There cannot be mis-
chievous magistrates in the United States, and it ap-
pears to me that there can no longer be mischievous
kings in Europe. The love of nations for good kings
is formed as naturally as that of children for their pa-
rents. The citizens of a republic have not the same
kind of affection for their magistrates; but they have
confidence in their wisdom, and they are attached to
a constitution of which they every day experience the
l)enefits. It depends on the princes, who now reign
over the nations of Europe, to unite all these advan-
tages. They will then taste the highest felicity which
can be the lot of man on earth, that of making nume-
rous generations liappy. Educated in the maxims of
wisdom and virtue, and firmly resolved always to prac-
tise them, they will soon inspire their courtiers with
the love of them. The people in turn will be eager to

H^*

100

INTRODUCTION.

follow the example of the prince. Morality will re-
sume its empire. Expenditures for luxury and public
festivals will cease to be held in honour. Whatever is
extravagant in the different modes of government, se-
parately considered, will be moderated by skilfully com-
bining them, and ail voices will unite to proclaim the
excellence of monarchical government.

11 re-
ublic
rex is
t, sc-
com-
i tljc

THE

HISTORY OF JLOnSIAJ^A.

PART I.

1 - ■

LOUISIANA UNDER THE SOVEREIGNTV OF FKANTE AND SPAIN.
THR RELATIONS OF THE COLONY WITH SAINT DOMINGO.

■.'.4'

LOUISIANA 1
THE RE]

The his
extend to 1
pation by J
by the na
searches, i
moved the
loped. Tl
sence of j
between th
people in
however, b
ed or acci(
this source
dications c
tions more
were founc
more ancie

THE

HISTORY OF LOnSIAXA.

PART THE FIRST.

LOtriSIANA UNDER THE SOVEREIGNTY OP FRANCE AND SPAIN. —
THE RELATIONS OF THE COLONY WITH SAINT DOMINGO.

The history on which we are about to enter will not
extend to the indigenous tribes, who, before its occu-
pation by Europeans, inhabited the country now known
by the name of Upper and Lower Louisiana. Re-
searches, made with the greatest care, have not re-
moved the obscurity in which their origin is still enve-
loped. Their traditions are contradictory. In the ab-
sence of authentic documents, analogies are sought
between their respective languages and those of other
people in different parts of the globe. So few have,
however, been discovered, that are not either contest-
ed or accidental, that no inference can be drawn from
this source. Many rude monuments aflbrd certain in-
dications of the existence, at a former period, of na-
tions more populous and less ignorant than those which
were found there by our ancestors. But even these
more ancient aborigines had made very inconsiderable

*fl

104

THE HISTORY

progress in civilization^ it is, indeed, doubtful whether
after having advanced some steps, they did not retro-
grade or become the conquest of a race still more bar-
barous.

About a century and a half has elapsed since a
French colony, under the name of Louisiana, was
founded on the Mississippi. This settlement lan-
guished till within a recent period, and if the treaties
by which Napoleon ceded it to the United States offer
matter for a particular narrative, it is because the con-
sequences of that measure are already of the greatest
importance to those states, to all America, and even to
Europe.

. The sea-coasts, islands, and mouths of rivers have
long been the first spots noticed by those who have
gone in search of new regions. The countries of
which we shall treat were discovered by exploring the
interior, at a distance of more than three hundred
leagues from the mouth of the great river which tra-
verses them.

In 1672, the French, who had been settled a century
in Canada,* learned from the Indians that there were,
in the neighbourhood of the great lakes, the sources
of a river which flowed towards the south, crossing
magnificent forests : they called it Namesi-si-pou, that
is to say, the river of fishes. Th< y added that those

* The coasts of Canada were discovered by the French in 1504.
Cartier sailed up the St. Lawrence in 1534, and took possession ot
the country in the name of His Most Christian Majesty. Quebec
was founded by M. de Champlain in 1604.— Transl.

OF LOUISIANA.

105

lether
retro-
e bar-

nce a
, was
t laii<
eaties
3 oflfer
B con-
eatest
vento

i have
> have
ies of
ig the
ndred
h tra-

ntury
were,
mrces
>ssing
, that
those

vast regions had never been visited by tlie white na-
tion. One hundred and eighty years had elapsed since
Colunnbus discovered America, and yet the course of
tliis river was so little known, that many placed its
mouth in the Vermilion .Sea, between Mexico and Ca-
lifornia. Some intelligent travellers set out in 1(37:5
iVom Quebec to explore this country: they descended
the Mississippi to the mouth of the river of .he Ar-
kansas, which is to the right of the "reat river, and
empties into it in about the .iJd degree of latitude.
The accounts which they gave, on their return, to
Count Frontenac, governor of Canada, did not permit
him to doubt the importance of the discovery. La
Salle, his successor, was authorized to examine the
country himself.

In 1 679, proceeding from the north towards the south,
he advanced as far as the river of the Illinois, which
he called Seignelai, a title ^lat it did not long retain.
The name of Colbert, given to the Mississippi, was
likewise soon forgotten. La Salle was accompanied by
Hennepin, a F'ranciscan monk, a man of considerable
acquirements, and inured to the hardships inseparable
from travelling in unexplored regions. Tliis person
was subsequently intrusted with the charge of an ex-
pedition that w'ent to the north, following the upper
branch of the Mississippi; he published an account of
his travels. Other similar works also appeared, all
of which attracted general observation. These narra-
tives contained no exaggerated statements, and Louis

XIV. was led by them to entertain views in accordance

iii^

100

IHK HISTOK^

with the principles of the colonial system, which then
began to be adopted by all the maritime powers. A
more considerable expedition was determined on; and.
in 1682, La Salle descended the Mississippi with sixty
men. He stopped in the country of the Chickasaw?,
where he built fort Purd'homme, after which he pursued
his journey and reached the great gulf. Delighted
with the beauty of the countries which he liad seen.
he gave them the name of Louisiana. On his return
to France, he proposed to the government to unite to
Canada the discovery which he had just made, and
thus secure to Fiance the sovereignty of the territo-
ries in the interior, situated between the northern sea
and the Gulf of iMexico, into which the Mississippi
falls. This vast and magnificent project was favoura-
bly received by Louis XIV. It was even at that time
perceived that the colony, which was about being
founded, might effectually contribute to the advance-
ment of St. Domingo. La Barre, governor of Cana-
da, was ordered "to keep up a regular correspondence
with the governor of the French islands in the gull.
as these colonies might derive very great benefit from
a reciprocal trade in their staple productions." In
1684, it was supposed that advantage might be taken
of the truce, which had then just been signed between
France and Spain. La Salle set sail from La Rochelie
with two hundred and eighty persons, one hundred ot
whom were soldiers, and with every thing necessarv
for a new settlement. But, deceived in his reckoning,
he passed the mouths of the Mississippi without being

OF LOUISIANA.

J 07

aware of it, and landed on tiic 18th of February, 1G85,
one hundred and twenty leagues beyond thein in the
bay of St. Bernard. He took possession of the country,
built forts, placed garrisons in them, and the post of
St. Louis acquired some importance. This brave of-
ficer was assassinated a year afterwards by some of
tiie men employed in the expedition, who feared the
severity which their culpable conduct had deserved.
Other detachments, under the authority of the king of
France, then reconnoitred these countries in diflerent
directions, and a few feeble colonies were established.
^V'ar was declared between France and Spain in 1()89,
and interrupted these attempts till 1698, when peace
was restored. During this interval, the planters, de-
prived of aid from the motlier country, Iiad made no
progress.

In 1699, D'Ibbcrville, a brave and intelligent adven-
turer, was sent to the Mississippi to establish a new
colony there and be its governor.* The country, of
which possession was taken in the name of France,
extended from the mouth of the Mobile, which crosses
Florida, to the bay of St. Bernard. The occupation
was hardly contested by the Spaniards, and the rela-
tions of amity and common interest which were esta-

■ -IS

ill

\h.

* It is mentioned in a Memoir of the Count de Vergennes, laid
before Louis XVI. during the war of the American revolution, that
in September, 1699, the English, conducted by some French de-
serters, came in a vessel of twelve guns to explore the mouths of
the Mississippi, but were compelled to retire by the Chevalier de
Bienville, (the brother of D'Ibberville,) who commanded a post
which was then already established on that livcr. — Transl.

, i>

loa

Tilt: iiinToin

blished at the beginning of the eighteenth century be-
tween the two kingdoms, put an end to any claims on
the part of tlie court of Madrid. There was, liowc-
vcr, no settlement ol" boundaries, and it appears, that,
on the one side, tlie Spaniards were ahaid tiiat, il'thcy
were accurately described, they would have to consent
to s< me concessions; and, on the other, the French
were unwilling to limit, by precise terms, their possible
extension of territory.

At the same time, the English colonies, founded
twenty or thirty years before, were beginning to pros-
per. Their charters granted to them the countries
which extend, between iixed parallels of latitude, from
the Atlantic to the Pacific Ocean. These colonists
did not. however, advance their settlenients beyond the
Alleghany mountains. This chain and a few rivers
were the first bou'. uiaries between the French colonics
and those of England, which, having attained t'^eir hi-
dependence, are at this day known as a powerful and
happy nation, under the name of the United States.
At the origin of their settlements, the planters, who
had come from England, fnuhng fertile lands on the
sea-coast, or at a short distance from it, were in no
hurry to advance towards the mountains. No one
then ioresavv that these colonies, flourishing as a con-
sequence of their good laws, would be the first to et-
fect their indejjendence; that their caravans would one
day extend beyond the Mississippi, and penetrate by
discoveries and settlements in the interior to the west-
ern coast, where it is washed by the Northern Ocean

The laws g
intended tc
rapidity of
and almost
under the c
vcrnment,
Paris polic
of the I'ttii
rich financ
twelve yeai
nois, the W
these lettei
those of S
these desig
ters patent
which the
served. It
versed by tl
France; ar
notion of v
the colony
burden. 1
much bett(
which certj
of the law
the mouths
sources.

Crozat s
than the m
and, so far

OF F-Ol I^FANA.

lOi^

The laws given to the colony of Louisiana socined to be
intended to perpetuate its dependence, by cliecking the
rapidity of its progress. The care of peopling this new
and almost uninhabited country, instead of being placed
under the charge of the superior departments of the go-
vernment, was principally confided to the agents of the
Paris police. Louis XIV., howc or, by letters patent
of the 11th of September, 1712, granted to Crozat, a
ricii financier, the exclusive trade of the colony for
twelve years. The names of the Mississippi, the Illi-
nois, the Wabash, and the Missouri were suppressed in
these letters. It was attempted to replace them by
those of St. Louis, St. Stephen, and St. Jerome; but
these designations, imagined by the authors of the let-
ters patent, are no longer remembered. Those to
which the Indians were accustomed have been pre-
served. It was not then known that the countries tra-
versed by these rivers are several times as extensive as
France; and the government had only a very vague
notion of what it was granting. It made a present of
the colony to Crozat, or rather it relieved itself of a
burden. The limits of Louisiana were not afterwards
much better defined; but agreeably to the practice,
which certain maritime powers had made a principle
of the law of nations, the effect of the occupation of
the mouths of the rivers and streams extended to their
sources.

Crozat showed that he was more of a statesman
than the ministers. His plans were wisely conceived,
nnd. so far as depended on him, lie sent to the new co-

rfl

■. -J '* ,

4tl:i

110

TiiK lilSTOKV

lony only robust and industrious people, and some poor
faniilios, recoinruL'ndcd by tlicir good morals, who
were indeed the only settlers that succeeded. Ik",
nig, liovvever, soon tired of iiis privilege, and of the
great advances which the iirst settlements required, he
renounced the grant. He gave it up in 1717, and the
regent transferred the colony to the company of the
west.* Louisiana did not rise under this new govern-
ment from the state of languor in which it had re-
mained since its discovery. But the exaggerations and
falsehoods of a few travellers ascribed to it riclies in
mines of gold and silver superior to those of Mexico
and Peru.

The deplorable state of the French finances led the
people, and even the ministers, into these illusions, and
they indulged them with an ardour which was soon
communicated to other countries.

A foreigner of an eccentric mind, though a skilful
calculator, had engaged the regent in operations the
most disastrous possible to the finances of a state. John
Law, after having persuaded creduloui oeople that pa-
per money might advantageously ta'e the place of spe-
cie, drew from this false principle the most extravagant
consequences. They were adopted by ignorance and
cupidity, and perhaps by Law ..imself, for he was frank
and high-minded, even in his errors.

There were, however, some men who were not de-
ceived, and many members of the parliament of Paris
opposed to these illusions the lessons of experience.

* The letters patent arc dated Auj;ust, 1717.

fiieir pru
cccdcd in
stock was
were cone
These chii
differ mud
in the pres
Iiave asscr
violations
rosuit of a
had only c(
.1 debt whc
cannot ad(
iliat, after J
prince and
palliate one
the public
according
have been
tice of the
the public (
may be the
sociated wi
the lapse o;
country ha
name.

We will
system; it i
an apparen
'he compai

or M)risi.\N.\.

Ill

riicir prudence w.is without effect. John Law suc-
ceeded in persuadinfT tlie i)ublic that the vahic of liis
stock was guarantied by the inexliaustible riclics tliat
were concealed in tlie mines near the Mississippi.
These chimeras, called by the name of system, do not
(lilVcr much from the schemes that are brought forward
in the present age, under the name of credit. Some
have asserted that so many unjust operations, so many
violations of the most solemn engagements, were the
result of a deeply meditated design, and that the regent
had only consented to it in order to free the state from
;i debt whose weight had become insupportable. NVc
cannot adopt this explanation. It is more probable,
lliat, after having entered on a pernicious course, this
prince and his council were led from error to error, to
palliate one evil by another still greater, and to deceive
the public by deceiving themselves. Had they acted
according to a premeditated plan, their artifice would
have been even more disgraceful than the open injus-
tice of the French directory, when in 1797 it reduced
the public debt to one-third of its amount. Wiiatever
may be the fact, the name of Mississippi was soon as-
sociated with that of bankruptcy, and it is only after
the lapse of a century that the real prosperity of the
country has effaced the infamv con:\ectcd with its
name.

We will not recall the consequences of John Law's
-system; it is sufficient to say, that, in order to give it
an apparent consistency, he kept uj) the relations of
the company with Louisiana. }fc had acquired for

ill

!il

'II
lit I

112

IHE mSTOR\

himself an estate of four leagues S((uare, situated oh
the Arkansas, in the ncighhourliood of the Mississippi
Its soil was remarkably fertile, and he had obtaiiitd
j)ermission from the regent to erect it into a dutcliy."
He brought together about two thousand French and
Germans, and embarked all the articles necessary to
found a largo settlement. Hut the year 1720 was the
last of his ephemeral greatness. His projects in France
having failed, the colonial enterprise experienced grca
embarrassments, and Dupratz calculates, "that the
•rrant occasioned the loss to L'Orient of more than a
thousand persons before the embarkation.'' The vcv
sels which carried the remainder of the emigrants oiih
set sail from the French ports in 1721, a year after the
disgrace of this minister; and when he himself could
uive no attention to this wreck of his fortune. The
grant was transferred to the company. Tlie emigrant-
were landed at Biloxi, at Mobile, as well as on the
banks of the Mississippi. Thus dispersed and deprived
of the care of the person who had sent them to the
country, most of them became victims to the rigour o!
the climate. It was easy to conceal from the pubh
the calamities without number to which these French-
men were subjected. The communications with the
metropolis were rare, and the only correspondence thai
was carried on was conducted with secrecy. Europe
had not then any of those periodical writings, which.

* Dupratz's History of Louisiana, vol. i. page 170. Lower Ca-
nada is still subjected to the feudal system, and the barons ain-
seisnors are very much attached to their privilej^cs and titles.

Cd Oh

ssippi.
taincd
tcliy,-
h and
lury to
as till
''niiicc
1 grcai
It the
than a

IC VQi-

ts oiil;.
tcrtlie
' coultl
The
H'rant'
511 tilt
privctl

to tilt
;o",ir o!
publii
rciicli-
th tilt
:c tlia!
uropt
vvliicli.

war i.'i-
ms aiii;

OK r,OUISIAN.>.

113

as tlicy aro ol'tcii independent nnd lionet-t in spite of
all the shackles that are attempted to ho. imposed on
tiicin. nitimately give, by procia; ning the truth, iidbr-
ination to governments as well as to the people.

Enlightened and prudent men formed, however, a
sound jiulgment on the state of things in l^onisiana.
Father Charlevoix, a Jesuit, travelled throu<di it in
1720, 1721, and 1722, The extreme discretion of the
society of which he was a member did not permit him
to tell every thing; but he is lionest in what he says,
especially in Iiis relation of what he saw. When at
the end of his conteniptuons observations upon the
pretended metallic riches of Lotiisiana, he speaks of
the real riches which agriculture nuist one day deve-
lopc there, when lie predicts the degree of sjjlendour to
which the handet of New Orleans will rise, though it
then had no other place but a tent for the celebration of
the festivals and ceremonies of religion,* we cannot but
admire ids penetration and the solidity of Ids judgment.

" The mournful wrecks," says he, •• of the settlement
on M. Law's grant, of which the company has become
the proprietor, are stUl to be seen opposite tlie village of
the Kappas.'l" It is there that the six thousand Germans
raised in the Palatinate ought to have been sent, and
it is very unfortunate that they did not go there. There
IS not in all Louisiana a district better adapted to every
kind of grain and the pasturage of cattle." It was at-

* New Orleans was founded in 17ir. — Tr.vnsl.
t Attakapas, almost opposite New Orloan?, on the right bank
of the Mississippi. Dupiatz and Charlevoix do not agree as to the

; I

-itiintion of this jirant.

IHK jnSTORS

tempted to manage at Paris or Versailles plantations
which could only prosper under the eyes of a proprie-
tor, who was in a condition to make great advance*.
" The people who are sent there,*' Charlevoix further
remarks, "arc miserable wretches driven from France
for real or supposed crimes, or bad conduct, or per-
sons who have enlisted in the troops or enrolled them-
selves as emigrants, in order to avoid the pursuits ol
their creditors. Both classes regard the country as a
place of exile. Every thing there disheartens them:
nothinjx interests them in the progress of a colonv ol
which they arc only members in spite of ♦licmsclvcN
and they are very little concerned with the advantage"-
which it may procu'e to the state; the greater part are
not even capable of appreciating them."

" Others have only found misery in a country tor
which they have incurred enormous expenses; and
they attribute *o it, without reflection, those evils which
should be soiely imputed to the incapacity or negli-
gence of the persons to whom its settlement was in-
trusted." Then, alluding to the system, he adds: " Vou
are not ignorant of the reasons which led to its being
reported that Louisiana possessed in its bosom grea
treasures, and that its occupation brought us into tin
neiirhbourhood of the famous mines of St. Barbe, and
of others still richer; from which wc flattered ourselv'?s
with the prospect of easily driving away the present
possessors.

Tlie letters of this .Tesuit were addressed to the Du-
chess de l^esdiguieres: and were kept very secret. It

OF LOl ISI.WA.

11.)

lliey had then been published, the colony would infalli-
bly have had a different destiny, but this correspond-
ence only a[)peared twenty-five years afterwards.

Dupratz, author of a History of Louisiana, ingenu-
ously states, " that all the letters which were sent to
France were intercepted. VVc consulted together on
the means of forwarding them to their destination; we
discovered it, and availed ourselves of it "*

'• The writers of history are obliged," he farther ob-
serves, " to treat with equal caution the dead and the
living; and, so delicate a matter is it to give utterance
to the truth, that the pen often falls from the liands of
those who are most disposed to be accurate:."

Afewcolonists, however, returned to Prance; they re-
counted the misfortunes from which they had escaped,
and some truths began to make their way to the pub-
lic. But, instead of taking advantage of this informa-
tion, to found an agricultural settlement, the practice
jtill continued of transporting to Louisiana such vaga-
';onds and prostitutes as could be removed. No mea-
sure was adopted for giving order to this collection of
drones; and if the instructions prepared at Versailles
ever reached the colony, they remained unexecuted.

A company for the Indies was created in 1723. The
Duke of Orleans was declared its governor. Its privi-
leges embraced Asia, Africa, and America. In the de-
liberations of this association, composed of great no-
blemen and merchants, India, China, the factories of

• History of Louisiana, vol. i. pajj;o lti(u 1 68, 169; printed in
ir.iS, with the Royal approbation.

!l|l

IS!

ill

4„

TIIK mSTOKV

Senegal and Barbary, the West Indies and Canada
were, in turn, brouglit into view. Louisiana holds a
principal place in these discussions. Public utility, 'da
much as the greatness and glory of the monarch, had.
under Louis X1V^, led to the favourable reception ot
the first proposals for the foundation a powerful colo-
ny. Bat nothing in the execution had answered to tlii^
inteiition; the new company was conducted with even
less ability than those which had preceded it. Wc in
vain seek ir. its acts the marks of the great colonial
design formed by the government. We find at almost
every i)age of the numerous registers which contain
the deliberations of the association, tarifls of the prico;
fixed on tobacco, coflcc, and all the other productions
that were subjected to the monopoly. ^V e also meet
with speeches made in the general assembly, setting
forth the flourishing state of the aflairs of the compa-
ny, which almost always terminate by proposing loan?,
to be guarantied by a sinking fund. But the sinking
fund was deceptive: the debts accumulated to such an
extent that the interest could not be paid, even by
mortgaging the capital. Statements of accounts
bankru[)tcies, law-suits, and a multitude of document;
prove that the operations, ruinous in a commercial
point of view, were only profitable to a small number
of the partners.

Nothing useful or good could in fact result fi'om sucli
a government. A single circumstance, selected from
a mass, will enable every one to judge how far tlic-t
abuses were canied.

OF LOUISIANA.

117

The governor and the intendant of Louisiana wore
iiom the nat ne of their functions, in a manner inter-
posed between the company and the inluibitants, to
moderate tlieir reciprocal pretensions and prevent op
prcssion. But these magistrates were named by the
members of the association. We read in its proceed-
ings that to attach the governor ana the intendant to the in-
kmts of the company^ there shall be assigned to them an an-
nual gratuity and an allowance on the exports of the staple
mmmodities to France. The consequences of this sys-
tem were most injurious to Louisiana, without enrich-
ing the stockholders.

A statement, prepared in 1726, made them creditors
of the colony for the sum of .3,17 1,000 livres. This
debt was not disputed by the colonists, but there was
no means of constraining them to pay it. The public
mind became exasperated, and the discontent mani-
fested itself in revolts against the company. The su-
perior council took part in them, and suj)ported the
cause of the inhabitants. Its acts were, however,
reversed or rejected, and the members removed from
office and recalled to France, which only increased the
resistance of the colonists.

Eight or nine hundred soldiers were distributed in
diflerent garrisons; but they were not even adequate
to subject the colonists to the police regulations in a
country of such vast extent.

Another calamity, — misunderstanding with the na-
tive tribes, — afHicted the French wherever they settled,
fl'c friendly dispcsitions which the Indians had [>revi-

lUi

THK HISTORV

ously exhibited, changed in consequence of the bad
treatment that they experienced from the agents ol
the company, who had quitted France, seduced by the
ho[)e of obtaining the fortunes which Law had offered
tc their cupidity. Instead of the metalhc treasures
which the earth refused them, they traded in furs with
the Indians; and as they had been at first obtained at
a cheap rate, they wanted to have them at the same
price wlien they became scarce. It was, indeed, to the
French liuntcrs themselves tliat this scarcity was to be
attributed. Tlie Indians liad always a sort of regard
for the innocent communities of beavers and otters.
They respected the peaceable families of these ani-
mals, whose habits deserve to be studied. Our hunt-
ers, on the contrary, appeared to take pleasure in de-
stroying their retreats, and in penetrating even to the
subterraneous recess where the industrious tribe as-
sembles after finishing the common labour.

In the trade with the natives, the French being
the stronger and more cunning party, first gave the
law; but injustice on the one side was followed by
resistance on the other. The French posts and gar-
risons were separated by great distances and could not
afford one another mutual aid. Petty wars broke out
in all directions, and lasted from eight to ten years.
Sieges and conspiracies have furnished to travellers
and historians materials for narratives, which would at
this time be without interest or utility. It is only ne-
cessary to remark, that in these quarrels the civilized
race was ahvays unjust, which rendered in some soil

excusable
ted. Th(
those to
consequei
rival, was
tated by t
it had rec
the colon
that a gre
was exterr
who escap
and protec
immemori
mily of ch
the Sun.
had them
Francais.
ty died th
other Suns
moderate
applied to
the 22d of
tors, as fol
other cour
survivors c
sent back
The reg
resolution.

* Register
ohivos of the

OF LOUISIANA.

in>

excusable the acts of cruelty that the natives commit-
ted. The war carried on against the Natchez, one of
those to whicli we refer, was attended witli dreadful
consequences. This nation, peaceable before our ar-
rival, was considered less cruel than the others. Irri-
tated by the violent conduct of a French commander,
it had recourse to horrible reprisals. The governor of
the colony, conceived that the insurrection required
that a great example diould be made; and the tribe
was exterminated with the exception of a few i'amiiies
who escaped the general massacre, and were received
and protected by the neighbouring tribes. From time
immemorial, the Natchez had been governed by a fa-
mily of chiefs whom they believed to be children of
the Sun. General Perrier, the commanding officer,
had them all carried away and transported to Cape
Francais. The most important member of this dynas-
ty died there, a few months after his arrival. The
other Suns were maintained by the company for the
moderate sum of 1,8H8 livres 7 sous. The company
applied to M. Maurepas to defray this expense.* On
the 22d of April, 1731, the minister wrote to the direc-
tors, as follows : " I am not aware that there is any
other course to adopt in this matter, than to order the
survivors of these two Indian families to be sold or
sent back to Louisiana."

The registers of the company contain the following
resolution. •' It was resolved to order the sale of the

* Registers of the Company of tlie Indies, deposited in the ar-
■iiivps of the Court of Account:*. Appendix, No. 4.

l}.':

«Ii)|

,m:^

120

THE HISTOR\

survivors of the said two families of Natchez Indians."
At the very time that this order was given, tlie compa-
ny was pretending to the glory of civilizing a people
whose chiefs were sold as slaves.

A icw feeble detachments oi" French soldiers had
been sufficient to reduce these tribes, who had not yet
learned to use our weapons. They made war on them
in a great many places, and with pretty constant suc-
cess. But these petty victories weakened the French
themselves. The chimeras of the system appeared no
longer, even to its greatest dupes, any thing but an au-
dacious falsehood.* Louisiana had become rather a
burden than an advantage to the company. In MM
\t gave up its privileges to the king, who declared the
trade free to all his subjects. The company no longer
exists. To know what it cost the state during its con-
tinuance and since its dissolution, requires the produc-
tion of the registers of the time. In 1786, .V^.OCMWO
livres were paid to its cashier by the treasury, to meet
expenditures for which there were no receipts: and thi=
payment was not the last.

It was in the Illinois country that a covetous ignorance
had placed those mines of silver and gold, which the
speculators said were richer and more abundant than
those of Mexico. iMany families, dupes of an error

* On the 11th of August, 1728, the company surrendered to
the king all its rights against John and William Law. This pro-
ceeding was founded on a judgment in its favour for twenty mil-
lions, the value of which had only been turnislicd in part. Tin'
king accepted the surrender the 5i\ of September following.

OP F.OUISrANV.

121

rancc

1 tlio
than
error

that was almost general, had transferred their fortunes
there. They found, instead of treasures concealed in
the bowels of the earth, a soil of almost inexhaustible
fertility, one of the mildest climates in the world, se-
veral navigable rivers, all of which might have been
decorated with the title of beautiful river, which was
given to the Ohio. The colonists, recovered from their
illusions, turned their attention to agriculture: this
small part of JNew France from that time made consi-
derable progress. Honest and industrious agricultu-
rists, merchants in easy circumstanres settled there;
and such is the power of labour and property that the
colony began, between 1732 and 1740, to assume a
little more importance. It was at this time that the
French government wished to realize the great plan,
formed sixty years before, of uniting Canada and Lou-
isiana, in the hope that this union would shut out from
the English colonies all access to the regions of the
west. Although no one was then at all acquainted
with the countries which extend from the Mississippi
to the Western Seas, their future importance was fore-
seen.

The memoirs written on this subject have been pre-
served: their authors sagaciously prognosticate the
high destinies of the two colonies thus united. They
meet objections, and combat them all with one excep-
tion: no one of them foresees that these provinces, as
they increase in population, and as a consequence even
of the'r prosperity, must aspire to and finally attain in-
dependence. They notice the discontent with which

: *H

<« .11

It I. i

122

THF HISIOUV

the plan of tlie union of Canada and Louisiana must
inspire Rngland; but nothing foretells to them that the
provinces of English America will rise up and free
themselves from the dominion of their mother country,
and that the colonies conquered from France will one
day be the only ones that Great Britain will retain on
that continent.

When knowledge is once diftused, its progress can
no longer be arrested; every thing contrary to nature
and reason has become impossible. But, in the mid-
dle of the last century, the most penetrating minds, the
most attentive statesmen wer? still far from foreseeing
the independence of the English provinces.

After tl e peace of 1748, the French ministry took
a deep interest in the settlement of Louisiana, and
held out encouragements to all who wished to es-
tablish themselves there; but, at the same time, it
greatly neglected the measures necessary to the suc-
cess of such a design. The plantations should have
been kepi close together, and only gradually extend-
ed. But the colonists, on their arrival in these sa-
vage regions, thought themselves released from all re-
straint. The greater part of them did not even care
about obtaining for their titles the sanction of a grant;
it was not easy to restrain them from settling wherever
their hopes or fancy conducted them. The Indians,
however, were beginning to recover from the hatred
with which the French had momentarily inspired them.
The missionaries exerted themselves to make them
Christians, and laboured with an admirable zeal to

render tl,
allow fire
change fc
instrumer
lent care
the nativ
were the
without a
their mise
end were
the India]
names of
nised, tho

The ch
principal
become e
were alwa
them in al
experience
wards the
tlements.
this disper
gress of tl
had, for th
to colonia
favour, ani
only filled
of making

The exj
limits : in i

OF LOIilSI.WA.

123

render th^m more liumano. The governors did not
allow fire-cirms and strong liquors to be given in ex-
change for furs. Tlicy distributed to thorn cattle and
instruments of tillage. It is true that those benevo-
lent cares did not produce the desired effect; but
the natives were grateful for them, and the French
were then able to scatter themselves among them,
without apprehension: they shared their idleness and
their misery. They oftentimes married [udinn women,
end were then of right incorporated into the tribe. But
the Indian families preserved with pride the foreign
names of their new chiefs, which are still to be recog-
nised, though altered by local idioms.

The chase, the amusement of civilized man, is the
principal business of savages. The French, having
become equally capable of fatigue with the Indians,
were always ready to accompany them, and to second
them in all circumstances; they therefore scarcely ever
experienced the treachery so connnonly employed to-
wards the English, who atteuipted to form isolated set-
tlements. But, besides the inconvenience arising from
this dispersion, there was another obstacle to the pro-
gress of the French colony; the off -^.ers from Europe
had, for the most part, only false nouons with respect
to colonial government. They were named through
favour, and the most in^portant places were oftentimes
only filled by dependants, who accepted them in hopes
of making or re-establishing their fortunes.

The expenses resulting from want of order had no
limits : in no condition to provide for them, the heads

,fj#''

i !

' ■*■*

r. -J

*.'!

^1!

iii

Li'

121

THE lilSlOUV

of the government had recourse to paper money, the
desperate resource of financiers without capacity. The
following reniaks on this subject are from a despatch
of M. Ilouille, minister of marine.

"The disorder, which lias for some time prevailed in
the finances and trade of Louisiana, principally arises
from pouring into the province treasury orders and
other kinds of paper money; all of which soon fell
into discredit, and occasioned a depreciation of the
currency, which has been the more injurious to the co
lony and its trade, as the prices of all things, and par-
ticularly of manual labour, have increased in propor-
tion to the fall in the treasury notes."

It was on the .30th of November, 1744, that this mi-
nister thus expressed himself with regard to the chime-
rical systems of credit, which have never been more in
vogue than in our tiiTie.

This internal difficulty originated in the bad legisla-
tion of the French colonies, while those of England
prospered by the aid of wise institutions. France was
always less powerful on the continent of America, and
she was there successively stripped by England of her
principal settlements. These losses are not foreign to
the circumstances attending the cession of Louisiana,
and we will point them out, commencing with the
earliest.

The French were beginning to settle in Carolina,
when the English, by a better conceived enterprise,
took possession of it. It remained theirs without trea-
ty, without cession, and by the simple fact of occupancy.

The tr(
vcrcr blo\
Hudson B
and Acadi
iier, in fu
received t
an excellei
which red
not genera
purpose of
dcr that tb
inspire, me
much opp(

The Ac
their origii
them, had
to bear ar
they perse'
and habits
themselves
name that

When th
tunate peo]
with pain
They allow
were alwaj

The En^
of France
some indie
^nd fearing

OF LOllSIANA.

125

The treaty of Utrecht inflicted in 1713 a still se-
verer blow on the French power in the new world.
Hudson Bay was by that treaty restored to England,
and Acadia, as well as Newfoundland, was ceded to
licr, in full sovereignty. Acadia, which subsequently
icceivcd the name of Nova Scotia, was inhabited by
an excellent race of Frenchmen. The circumstances
which reduced them to the most wretched state arc
not generally known: we will relate them, not for the
purpose of nourishing national animosities, but in or-
der that the indignation, which these persecutions must
inspire, may prevent the return of acts of injustice, as
much opposed to humanity as to the law of nations.

The Acadians, always attached to the country of
their origin, even after it had been obliged to abandon
them, had obtained permission never to be compelled
to bear arms against it. Religious, docile, and loyal,
they persevered in retaining the language, manners,
and habits of France: they had succeeded in causing
themselves to be regarded as neutral, which is the
name that was at length given to them.

When the seven years' war broke out, those unfor-
tunate people, forgotten by their native land, still bore
with pain their subjection to a foreign government.
Tlicy allowed it to be too plainly seen that their wishes
were always favourable to the country of their origin.

The English, resolved to put an end to the influence
of France in the aflfairs of America, took umbrage at
^ome indications of this affection of the Acadians,
and fearing that they might be induced to afford aid to

?l^

ti^'^

■it

i.v.

■4: ^i^

126

f HE HisiToKV

the French in Canada, they determined not only to
banish tlieni from Acadia, but to disperse them so as
to prevent, for the future, all concert of such a nature.
The fate intended for them was with great caro
kept secret. On a sudden, they were collected by
districts under pretence of the harvest. They were
hardly assembled, when it was notified to them that
they were prisoners; that their lands, cattle, and all
their moveables were confiscated. They were only al-
lowed to ci.rry away their silver and the trifling eflccts.
which they could put on board of the vessels. Their
estates were laid waste, so that they might retain nei-
ther the hope nor desire of returning to them. In one
single district two hundred and fifty-five dwellings, two
Imndred and seventy-six barns, eleven mills, and one
church were destroyed. A few families took refuge in
the woods, but they were pursued with fire and sword:
some young persons were killed in their flight by sen-
tinels, and the other fugitives were obliged to deliver
themselves up. These unfortunate people were distri-
buted in the English colonies, where they were lin-
manely and charitably received. At Philadelphia, Be-
nezet, descended from a French family banished at
the revocation of the edict of Nantes, treated them
like brothers. Twenty-five years after this event, wc
have seen this individual, who was a model of all the
charitable virtues, guide the Acadians like a father ot
a family, and they really regarded themselves as his
children. The cares of this excellent man preserved
them; but he could not put an end to the misery and

OF I.OIJISIW \.

127

dc|CClion into wliicli this barbarous act liad plunged
them. They still continued, even after so many years,
to regret France and the colony wliicli they were ne-
ver again to see.*

Louis XV., touched by tlieir fidelity, proposed,
through his ministers, to the English government to
send some vessels to the diftbrent provinces and plan-
tations to bring them back to France. Mr. Grenville,
tiie English minister, hastened to reply: "Our naviga-
tion act forbids it, — France cannot send vessels to our

coionies."t

Some of these exiles fled to Louisiana. Several of
them settled in French Guyana; and the French who
were banished to Sinnamari in 1798 found there an
Acadian family, that received them with these hospita-
ble words: — "Welcome," said Madame Trion to one
of them ; " our fathers were banished like you, they
taught us to alleviate misfortunes: welcome, we feel
pleasure in offering you consolation and an asylum in
our cabins."

It is also proper to mention the other mitigations
tiiat attended so great a calamity. Some Acadians
and Canadians had taken the part of the United States
(luring the war of the revolution. Congress, warned
by sad notoriety of the misery which these refugees
and those who had formerly been banished ftom their
country experienced, because they remembered that

* Minot. Continuation of the History of Massachusetts. Ch.
10. Entick. General History of the Seven Years' War.

t Letter of December, 1768, from Jasper Mauduit, agent of
Massachusetts at London. — Massachusetts Historical Collection.

I .P »♦-,-.
*'*«.'-

■ h

128

THE HISTORY

their fathers had been Frenchmen, attempted to tbrm
settlements of them. Having become rich in land
by the acquisition of Louisiana, it made them free
grants. It was in this country, formerly French, that
after so many vicissitudes they again met like a fami-
ly.* Other Acadians had preceded them there. They
have given the name of Acadia to a district of Lou-
isiana, where they have settled. It is bounded by the
parish of Ibbcrville and lake Maurepas. The Missis-
sippi washes its shores, and its inhabitants have the
people of New Orleans for neighbours. Thus sur-
rounded, they consider themselves in France, their
posterity will lose the remembrance of the misfortunes
which a jealous and suspicious policy made them ex-
perience, and will for ever bless the beneficence and
humanity of congress.

France, when she abandoned Acadia in 1713, pre-
served Canada and Cape Breton, hkewise called Isle
Royal. This island war- of great importance on ac-
count of its excellent harbours, and of its neighbour-
hood to the fisheries of Newfoundland, the principal
school for seamen. England had conquered it during
the war, which the peace of Aix-la-Chapelle termi-
nated in 17 18. Reciprocal restitutions were stipulated

* This statement respecting the proceedings of congress is in-
correct. The settlement of the Acadians in Louisiana was formed
soon after the melancholy transactions which are related by the au-
thor, and in consequence of a grant of land from the Spanish govern-
ment. The United vStates have, however, in conformity with the
resolutions of the old congress, from time to time, passed law?.
making grants of land to the Canadians and Nova Scotians, whu
became refugees on account of the American revolution.— Transl

OF LOUISIANA.

129

by this treaty, and among others Cape Breton was
given up to France. Its lands arc fertile. The har-
bour of Louisbourg is one of the largest ai:d safest in
the world; and the sea never freezes there. This
island was not loii'? to remain ours. England had de-
termined to leave to the French in those latitudes only
the rocks of St. Peter and Miijuelon. Commerce is
friendly to peace, but the merchants of London, in
despite of this maxim, were the most violent in ex-
citing to war. They considered that they had a flou-
rishing navy on their side, while the fleet of their
neighbours was entirely ruined. Too certain of their
maritime superiority, they continually called the atten-
tcntion of the parliament and the ministry to their inte-
rests in the continental colonies of America. Without
troubling themselves about the reciprocal rights of
other nations, and without examining if the respective
limits were traced between the territories of the two
powers, they alleged in their petitions the injury that
the Canadian hunters occasioned them, and the loss
which they would experience, if they were deprived of
the fine furs of the beavers and otters.

To these causes for a war, in which so much blood
was to flow, were added a general clamour which pro-
ceeded from the thirteen colonies. Franklin, as skil-
ful in politics as he was zealous for the improvement
of natural science, was the principal organ of the com-
plaints of the English colonists. Franklin, whom Pa-
ris saw twenty-five years afterwards employed in ex-
citing the opinion of France and of all Europe against

f r'Jif

^f-ii

130

IHK MlflTURV

England, was, in 1754, the promoter of the expedition
against our remaining possessions in the northern i,)art
of the new world. "No tranquillity," said he, "'no
tranquillity can be expected for our thirteen colonies,
so long as the French are masters of Canada.*' Nei-
ther this ardent republican, nor any statesman then
foresaw that after this conquest, the provinces would
have too much repose to remain long in a dependent
state; and that twenty years later, freed from all anxie-
ty respecting the Canadian frontier, they might, with
more hope of success, undertake to throw off the yoke
of the mother country.

The jealousy which the English had of the in-
creasing power of France in India, confirmed their
determination for war. Negotiations were still pro-
ceeding in Europe; or rather England, by a feigned
negotiation, was endeavouring to prolong the security
of the cabinet of Versailles. From the month of May.
1751, hostilities had begun on the Ohio. In June.
1755, the British ministers sent in their justificatory
memoirs; and, at the same period, almost on the same
day, a squadron of thirteen English vessels meeting
on the banks of Newfoundland two French vessels of
the line, approached them with pacific demonstration?,
and took possessiofi of them.

Canada and the neighbouring countries became the
theatre, on which during five years the two powers dis-
played all the resources of courage and skill. To sec
the fury with which two rival nations disputed, not only
for the inhabited country- but even for totallv bai-

ver as ni

OF LOUISIANA.

131

ren spots, one would have thought that they attached
more interest to those territories than to their Euro-
pean provinces. The French had for a long time the
advantage in this violent struggle, to which the capa-
city of Montcalm contributed as much as his valour;
but the issue depended upon maritime superiority.
A part only of the destined succours in men and mo-
ney arrived at Quebec. After deeds of high valour
and a battle in which the two chiefs, Montcalm and
Wolf, found a glorious death, the English completed
the conquest of Canada. This vast province, peopled
by French, its forts constructed with so much expense,
two cities that were already flourishing, were all lost to
France; because in spite of uicredible efforts to balance
the English on the ocean, in spite of the bravery and skill
of the French mariners, her naval armaments were ne-
ver as numerous, or as soon readv for sea as those of
the English.

While France was still in possession of Canada, she
neglected nothing to carry back its limits. She ad-
vanced upon land designated in general terms in the
English charters. She opposed to those charters the
edicts and letters patents of our kings. These docu-
ments and the memoirs produced on both sides could
not spread a great deal of light upon these discussions:
for the frontiers of the belligerents did not meet; they
were separated by territory, which the Indians still pos-
sessed. The peace of 176;i terminated this great dis-
pute. England retained her conquests, and thencefor-
\\jud regulated according to her own will the frontiers

-* ■ftl«'H

132

I'HE HlSTOllV

of Nova Scotia. Turning to her advantage in the ne- f benefit of
gotiation every thing that France had alleged in order
to establish the limits of Canada to the south, she
made her cede all the territory, which had depended on
her, to the left bank of the Mississippi. New Orleans
was excepted, and it was stipulated that a line drawn
through the middle of the great river should separate
the part of Louisiana Ipft to France from the posses-
sions of England. English ambition seemed at first
satisfied with this great increase of power in America.
But a few years gave it quite another developmenl.
The peace of 1763 only extended the cession to the
countries which we had possessed. It is, however, in
consequence of that treaty that England has since taken
possession of an immense territory to the north and
west, which extends even to the Northern Ocean, and
to the coasts opposite Asiatic Russia.

So many losses and a humiliating peace distressed
the French nation. The ministry accused and prose-
cuted its own agents on their return to Europe. The
court of the Chdleld for their collusions and vexatious
banished them, and condemned them to restore twelve
millions.

At tlie sad remembrance of the loss of these pro-
vinces, of so much bloodshed, of works executed at
such great expense, of debts contracted after peace to
discharge the expenses of a useless defence, we may
ask ourselves to what point of prosperity would Franco
have risen if all these many efibrts had been employed
within the kingdom, and in improvements for the

OF LOUISIANA.

J 313

benefit of our agriculture, manufactures, and com-

merce

The bad system of government under which Louisi-
ana long suftered, was attended with the consequences
which were to be expected from it; the sovereignty of
one of the finest countries in the world, a country
which might have become another France, was of no
use to the parent state, but was even a charge to Iicr.
After the experience of several years, the govern ment^
wearied with a possession which its faults and igno-
rance had made burdensome, felt disposed at the peace
of 1763 to abandon it; and probably it only intended
to make, by ceding it to the Spaniards, an arrangement
which by diminishing its expenses would relieve the
finances of the kingdom.

In 1761, a family compact was concluded between
France and Spain.f From the title given to this trea-
ty one might have supposed that there was only a
question of a contract, by which the mutual interests
of the different branches of the house of Bourbon were

* Appendix, No. 5.

t Fifty years afterwards, the cabinet of St. James took advan-
tage of a favourable opportunity to agree with the court of Madrid
tliiit this treaty should never be put in force. Some persons have
asserted that England, instead of being alarmed by it, should have
(lesirod its renewal, by which means we migiit have been involved
in all the difficulties incident to a badly governed state, witliout
enjoying, after the loss of America, any compensation for a useless
burden. These questions are too complicated not to offer ground
for different opinions. But we are persuaded that Spain, even af-
ter her irreparable losses, is a fine and powerful monarchy, and that
iliis union would sooner or later have contributo<l to strengthen the
'epose of Kuropc.

f ii

131

THE HISTORY

regulated without regard to considerations truly na.
tional. But the principal stipulations were not less fa-
vourable to the one people than to the other. For, as
long as Spain was a maritime power and possessed the
sovereignty of her fine kingdoms in America, the union
was equally beneficial to the two nations, and it is
on account of the advantages which they both found
in it that it has been called a family compact. Ac-
cording to the 18th article of this compact one of the
powers is obliged, by means of the conquests acquired
during a war, to indemnify the other for the losses
which it has sustained from it.

Havannah had fallen into the power of the English a
few months before the peace, and this conquest would
have secured to them the possession of the whole island
of Cuba, an island of which a less incapable government
would have made a flourishing kingdom. Such as it was.
it would have been a loss to the Spaniards which nothing
could repair. England consented to restore it, on con-
dition that the countries which Spain claimed east of the
Mississippi should be ceded to her in exchange. Flo-
rida was comprised in this cession, and the English de-
rived from the treaty the advantage of rounding their
possessions. They had already the ocean for the east-
ern boundary, the Mississippi for the western, and the
gulf of St. Lawrence to the north. At the south, the
possession of the Floridas secured them a great supe-
riority in the gulf of Mexico. The cabinet of London
even supposed that these fine regions, thus united un-
der a single master, would not only be safe from all ul-

OK I.Ol l.SlANA.

13 J

tacks, but that they would sooner or later guaranty to
England the greatest influence over all America.

France, on her side, had experienced greater losses
tlian her ally. The court of Madrid, however, asserted
that the abandonment of territory which it was making
])ut Spain in a situation to claim the execution of the
18th article of the family compact. The French mi-
nistry received, in this case, the law from the Spanish
cabinet, and justified itself to the nation by considera-
tions derived from the disastrous events of the war.
" Canada," it said, " had been conquered by England,
and French valour had succumbed on the land, because
insufficient naval forces had badly seconded it. The
same fate threatened Louisiana, and France therefore
abandoned what it could no longer preserve."

All the events of the war on the sea had proved that
without an equality of maritime means, the colonial
system was more ruinous than advantageous, and that
to be obstinately bent, while inferior in strength, on
the preservation of this colony, was to throw away,
without the shadow of utility, the resources of the state
in men and money, and to give to England a new pledge
of dependence.

At that time, Forbonnais, a man of a great deal of
experience, wrote as follows : " Would it not be more
prudent to direct our attention to our internal resources?
Our property at home would not be at the mercy of a
liostile and jealous nation. The markets of Europe arc
open to us. Her interest will make her unite with us

%■

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.v^

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ini

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130

TMK HISTORY

against the common rival. This commerce is less pro.
carious than that of America and Asia."

Louisiana was abandoned to Spain by a private
treaty signed on the same day with the public one
This agreement was kept secret by the two cabinets
for a year. It was only on the 21st of April, 1764, that
the governor, D'Abadie, received orders from Louis
XV. to acquaint the colony with it. This magistrate
was profoundly distressed with the duty which he vva?
instructed to fulfil, and the grief which it occasioned
was the cause of his death. The Louisianians ren-
dered an honourable homaije to his memory. The
following eulogy on him is from a manuscript chroni-
cle of the colony : —

"M. D'Abadie has died universally regretted, and yet
he never made the least cftbri to gain partisans. A
disinterested ruler, just towards all, he was inflexibly
firm in causing the laws to be respected. He concili-
ated the interests of the trade of the mother country
with those of the colonv : he held a firm hand in the
execution of the judgments which condemned debtor?
to pay their creditors, so that he easily induced a dimi-
nution to be made on the interest of commercial ad-
vances. He severely repressed the excesses of mas-
ters towards their slaves: the Indians were also pro-
tected against every kind of oppression. He, by \m
example, caused religion and morality to be honoured.
it was thus that, without making any effort to please
the colonists, he has left a memory which will alway?
be dear to them."

The
iiistory h
who hav
Aubri,
cession,
iioral thi
great av
publicly
in the ht
of Madr
D'Ulloa.
obUged
attemptc
exercise
bated W
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sent dep
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cession
The {
nio D'Ul
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ed to p
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of repui
might b
quered
violence

OF LOUISIANA.

137

The government of colonics is absolute, and their
history has almost always consisted of the acts of those
who have administered them.

Aubri, the successor of M. D'Abadie, announced the
cession. At the news of it, the consternation was ge-
neral throughout the province. The colonists had a
great aversion to the Spanish government, and they
publicly manifested it. The administration remained
in the hands of the French even in 1768. The court
of Madrid then sent, as Captain-General, Don Antonio
D'Ulloa. He was a discreet man, but his instructions
obliged him to re-establish the prohibitory system. He
attempted it without success. He could not openly
exercise all his authority. The colonists at first de-
bated whethe* they would not emigrate to the right
bank of the river. They renounced this project, and
sent deputies to Versailles to obtain permission to re-
main French. Louis XV. declared to them that the
cession was irrevocable.

The Spanish general, O'Reilly, replaced Don Anto-
nio D'Ulloa. He brought to New Orleans three thou-
sand men, which he supposed to be a srfRcient number
to put an end to resistance. The colonists attempt-
ed to prevent their landing, which was only effected
tlirough the intervention of ihe French magistrates.
O'Reilly, an enemy of conciliatory measures, a warrior
of reputation in his profession, thought that a colony
might be governed even more despotically than a con-
quered country. The barbarian indulged in acts of
violence and ferocity, which he mistook for prudence

«%-

< Be

I3»

I UK HIS I OK V

and firmness, llo seemed not to know that subject!;
do not renounce, at the will of treaties, an ancient al-
legiance to vvliich tliey have been long accustomed;
that it is allowable for liiends and relatives to regret
those from whom they arc separating, and that the in-
dications of their grief oujht to be viewed with indul-
gence. Scaffolds were erected at New Orleans. ►Six
colonists paid by their heads for the courage with
which they had manifested their attachment to France."
The court of Madrid secretly disapproved of these acts
of outrage; but, fearing to endanger the authority of its
governors, it abstained from condemning O'Redly, and
even from disowning him by an authentic act.

The colony, though immediately after this revolution
less flourishing than ever, was subsequently better go-
verned. Don Carondelet, an enlightened governor, was
aware that the admission of foreign settlers of every
creed was one of the most certain means of promoting
the prosperity of the province.

Gayoso de Lemos, who succeeded him, reformed
some great abuses which had been introduced in the
granting of lands. These favours had been lavished
with so little prudence, that individuals had obtained
tracts of ten thousand acres. The regulations of this
governor would have left nothing to desire, had they
not been tainted with a violent spirit of religious into-
lerance and proselytism.

* M. de la Fresni^re, attorney general of the colony, Messrs.
De Noian, Caresse, Villeret, Marquiz, Millet, all of them officer?,
were shot by order of O'Reilly.

Avers
lion did
could be
mixed a
scendan
gcther \\
Subsequ
pendenc
likewise
later per
by a mil
revolutio
congruo'
attachm
could be
that thej
the more
of the cc
CO, while
band co
attentive

But, u
little use
municati
terests t
reign int

It was
cissitud<
English
states o

OF LOUISIANA.

130

7\vcrsion for Spain was gradually cfl'accd; but affec-
tion did not take its place, and nothing but indifference
could be hoped for from a colonial population of so
mixed a character. The greatest part were the de-
scendants of the first French settlers of the colony, to-
gether with whom were a few Spaniards and English.
Subsequently to the termination of the war of inde-
pendence, many families from the United States were
likewise to be found there, as well as (though at a still
later period,) some French, who had escaped, almost
by a miracle, from the disorders to which a horrible
revolution at St. Domingo gave rise. Elements .so in-
congruous could not produce that public spirit, that
attachment which is felt for one's native soil. All that
could be expected from so many different interests was
that they should consent to be governed, and they were
the more easily managed, as Spain bore all the expense
of the colonial government from funds sent from Mexi-
co, while the imposts were very light, and the contra-
band commerce with the United States was neither
attentively watched nor severely punished.

But, under its new systeni, the colony was of very
little use to the mother country. The facility of com-
municating with different nations had made other in-
terests than those of Spain predominate, and these fo-
reign interests were every day acquiring new strength.

It was whilst Louisiana was experiencing these vi-
cissitudes, that the great change which placed the
English colonies in the rank of the most important
states of the world was prepared and consummated.

'< - f'i

m\.

140

IMF. HISTOKV

The first circumstances of this rcvohition have no iiu-
mediate relation to Louisiana. But the alliance oi
France with the new repuhlics had the greatest influ-
ence on the fate of its former province. Therefore, a
succinct mention of the negotiation, which was suc-
ceeded by the treaties of alliance and commerce of
1778, will not be foreign to this history.*

It has been asserted in some of the memoirs of the
present day, that as the government of France was
not able to defend itself against the general resent-
ment which the peace of 1763 had created in the na-
tion, the Duke of Choiseul sent to America emissaries
empowered to sound the views of the most important

* The Count de Vergennes, in the memc 'ready referred to,
and which seems to have been prepared L , . o the treaty of al-
liance of 1778, attempts to establish the claims of France to a
large portion of North America on the ground of prior discovery
and first occupancy. He gives, under the head of " practicable
means to reconcile the pretensions of the English and French as
to the limits of their North American possessions," a projet of a
treaty, by which England was to cede to France all the conquests
made by the former power during the war ending in 1763, and es-
pecially renounce all claims to Canada, and to every portion of an-
cient Louisiana, the Spanish part of which was also to be receded
to France.

It is hardly necessary to add that it was in consequence of the
events, then occurring in the British colonies, that France expect-
ed to regain her lost provinces. By the sixth article, however, of
the first treaty, concluded between His Most Christian Majesty
and the United States, the French king renounced all claim to the
Bermudas and to the North American colonies, which had been pre-
viously, or were by the treaty of 1763, acknowledged to belong to
the British crown. By the preceding article it was stipulated that
the British possessions in North America, or the Bermudas, if sub-
dued, should be confederated with or be dependent on the Unitefi
States.—- Transi.

OP LOUISIANA.

141

individuals in that country; and to foment, in concert
with them, the germs of an insurrection. Whatever
mystery may attend intrigues of this description, it is
imposaibie that such a secret should be always kept,
and too many people must have been made acquaint-
ed with it, to allow of its not being sooner or later re-
vealed. We have had direct relations with the princi-
pal citizens of that country: memoirs in great num-
bers have informed us of every thing which preceded
the revolution, and wc sincerely declare that we have
no where been able to discover the least indication of
these practices, which are undoubtedly opposed to
sound policy, and still more so to the reciprocal obli-
gations of nations. It is only known that, a few years
after the peace of 1763, the Baron de Kalb was autho-
rized to visit the English colonies, and that he in fact
spent some months in them. But, on his return to
France, he was coldly received by the minister, and
his mission was unattended by any result. It was se-
veral years after this time that a connexion began to be
formed, and if the cabinet of Versailles did not at first
aim at exciting the thirteen provinces to revolt, it was
not an indifferent spectator of the dissensions which
arose between the mother country and her colonies.
Towards the end of 1775, it listened to the overtures
of the agents of the American congress. Vergennes,
Turgot, and the other members of the king's council,
persuaded themselves that their temporizing and mys-
terious measures, the execution of which was confided
to obscure or unknown agents, might still be kept se-

•f' ii

142

THE HISTORY

cret; and that, without hostihties, without jeoparding
their neutraUty, it was allowable to supply the insur-
gents with money, provisions, and even arms.

According to the statements of the agents of con-
gress, the French ministers only saw in an open course
of conduct, and in a declaration of war, the danger of
reconciling the mother country and the colonies, whom
they called a couple of friends at variance.

Beaumarchais, a man celebrated by his intrigues
and g'eat talents served as the medium for the first
communications, and the American agents in Paris
confidentially acquainted with them a committee, to
whom congress had judged it necessary to refer exclu-
sively the secret of the negotiation.

The envoys at Paris, in conformity with the pressing];
injunctions of Count Vergennes, required that the com-
mittee should not give congress any knowledge of this
deUcate intercourse. Two only of the members of the
committee, Dr. Franklin and Robert Morris, who was
afterwards at the head of the finances of the United
Sates, were at Philadelphia when the messenger arrived,
They learned that, in the autumn of 1776, a shipment
of arms and munitions to the value of 5,000,000 livres
tournois would be made to St. Eustatius, Martinique,
and Cape Francais, where the Americans Wore to re-
ceive them: that three millions of livres were put at
the disposal of the American commissioners, through
a banking house, under the form of a loan.* It was

* Secret Journals of the Acts and Procce(linp;s of the Old Con
gress.

OF LOUISIANA.

Ii3

m this way that men, distinguished tor their discretion,
and who had had a long experience of the law of na-
tions, conceived that they might aid a people engaged
in an insurrection, and at the same time avoid the ca-
lamities of a war. But the injunction of secrecy suffi-
ciently proved that the French ministry did not regard
its proceedings as altogether safe from the censure of
a wise and just policy.

The attention of the English government was di-
rected towards the conduct of France in this violent
crisis. Its susp. "-ions were about breaking out in re-
proaches of pertidy, when information was received in
Europe that, on the 16th of October, J 777, the Eng-
lish general, Burgoyne, and all his arny had been
made prisoners at Saratoga, in the state of New York.
The Americans, from that time equal, and perhaps su-
perior to their enemy, seemed no longer rebels, and
the French government renounced the undignified
mystery, in which it had supposed that it might enve-
lope itself.

We will here relate a circumstance calculated to
give an idea of the cautious character of Count Ver-
gennes. The war for the Spanish succession, at the
beginning of the last century, and the one which ended
in 1762, had made him acquainted with the danger that
France must incur in fighting by sea and land at the
same time, and had convinced him that in the event
of such a double contest the advantage must be on
the side of her rivals. Europe was tranquil in 1776;
but the Elector Maximilian was the last prince of a

#«i-i-u

l^i

«««i

II!

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1 ' f ;

**-».

144

THE HISTORY

house which had reigned in Bavaria for several centu-
ries. It was feared tliat, to the prejudice of another
branch of his family, the Austrians, who have often in
reserve documents appHcable to the most unexpected
occurrences, might intend, at his death, to take pos-
session of a country which would be a most conve-
nient acquisition for them. A war in Germany was
then to be dreaded; and, before exposing himself to a
rupture with England, Vergennes wished to know if
there was any reason to fear the early death of the
elector. Marbois, the king's charge d'affaires at Mu
nich, answered that there was no ground for expect
ing that this prince would meet a premature death, un
less from the small pox.* The minister of Louis XVI
thought that so slight a chance of war was not sufR
cient to prevent the execution of designs of a much
higher order. There was no delay in concluding the
treaties of alUance between France and the United
States, which were signed on the 6th of February,
1778.

It is easier for us to point out the wise principles on
which they are drawn up, than it would be to justify
the conduct of France towards England. We had ac-
cess, fifty years since, to the archives of France as
well as to those of congress. The originals of the do-
cuments relative to these treaties, before and after
their conclusion, were in our hands. They are, as far
as resp<?cts the United States, the monuments of an

* Appendix, No. 6.

OF LOUIil .\A.

145

elevated policy. France was never more magnani-
mous; she treated with a state in its very cradle, re-
signed to submit to unequal conditions; but they were
all disinterested, and ai equal as the respective situa-
tions of the contracting parties permitted. The mys-
teries and secrets of those times are already the pro-
perty of history, and the narratives of them may be
esteemed among the most important of their kind that
belong to the last century. We would here express
our wish that they may occupy the attention of a wri-
ter conversant with high matters of state policy, and
that he would make us acquainted with the history of
the treaty of alliance of 1778.

It is certain that, in signing it, no one thought either
of Louisiana, which had become Spanish, or of the
many other important colonies, that had passed from
the sovereignty of France under that of England. The
principle of reciprocity, so wise, especially when a treaty
is made with weak states, was alone consulted; and it
dictated conditions, which the most powertid as well
as the most feeble had an interest in respecting.

France had successively lost, during the last cen-
tury, all her continental colonics. She scarcely re-
tained a shadow of power in India, where for so long
a time the French and English companies had kept
one another reciprocally in check.

At the same period, a writer, who was also a states-
man, made this prediction: "If France should, one
day, be deprived of her insular, as she is now of her
continental colonies, we shall see her prosper by her

ill

.|.«-

! '*

'I'i

ti!

14«)

Tllfc: HISTOKV

own means as much as those states who retain all
theirs, and she will probably even surpass them in hap-
piness and tranquillity." *

France, which had been dear to the Louisianians.
so long as they had been the object of her protection
and solicitude, was effaced in a manner from their me-
mory, after she had transferred them to another power,
without any mark of regret.

A melancholy event, that happened at New Orleans
in 1778, afforded the French colony of St. Domingo
an opportunity of proving that the old attachment was
not entirely extinguished. In consequence of a great
fire, the finest quarters of the city were reduced to
ashes. The Marquis de Carondelet, the Spanish go-
vernor, immediately informed the officers at the head
of the administration of St. Domingo of this misfor-
tune, and requested them to communicate it to the
French merchants, and urge the sending of assistance.
The following answer was given to M. f^o Carondelet'j
letter: —

« On receiving the news of the conflagration, whicli
has laid waste your capital, we did not deem it
proper to confine ourselves to asking aid from our
merchants. The state of the timber yards and store-
houses of our colony, as well as the condition of its
finances, permits us to do for you more promptly all
that you desire. A frigate is about to sail. It carries
to you every thing that is most immediately necessa-
ry for the rebuilding of your houses. Merchant-sliip?
will soon follow. We would have assisted, in the same

OF LOUISIANA.

147

manner, any other colony suffering under so great a

misfortune; but we feel double satisfaction in relieving

our former countrymen.

" Vincent and de Marbois."

It was, in a great measure, owing to this aid that
the losses occasioned by the fire were promptly re-
paired. But the colony, always enslaved by the pro-
hibitory system, continued to languish, instead of ad-
vancing in a degree proportionate to its extent and na-
tural advantages.

The cabinet of Madrid seemed firmly persuaded
that, as the allegiance and submission of its sub-
jects in the two worlds had lasted for centuries, it
would never experience any alteration. It is, however,
possible that it saw the magnitude of the danger; but
that it feared, by showing a desire to prevent the disas-
ter, to expose itself to the reproach of having created
it, and therefore preferred following the beaten track.
and leaving the matter to time and fortune.

The great change which is now attaining its con-
summation in the condition of the former kingdoms of
Spain in America, authorizes me to make here a few
observations on the frequent warnings which the court
of Madrid received respecting the approaching crisis,
and the little regard it paid to them. These remarks
also affect Louisiana.

In the latter years of the reign of Louis XIV., and
on occasion of the Spanish succession, the question
was considered of admitting all commercial nations
to trade with the colonics of that monarch v. But

»<^»*»i.

i*n

148

THE HISTOIO

most of those, w!io pretend to a knowledge of the
future, are exposed to errors, and their false prophe-
cies prevent attention being paid even to the opinions
of the wisest statesmen. M. Mesnager, whose name
is to be found in all the proceedings at the peace of
Utrecht, belonged to the latter class. From the be-
ginning of the last century, he regarded the admission
of the commercial states to all the ports of Spanish
America, as a means of removing one of the principal
obstacles to peace. " It would be advantageous," lie
said, " even to the interests of that monarchy, to se-
cure to all the nations of Europe the commerce of the
new world." This proposition was worthy of one ot
the greatest politicians of Europe. M. de Torcy, who
has transmitted it to us, adds, " The king relished the
project."* But there was at Madrid a royal and su-
preme council of the Indies, and this council knew no
prosperity for a state without colonies subjected to a
rigorously exclusive monopoly. It rejected the pro-
position. The time, however, arrived for declaring
that the old rules were abandoned for new maxims, but
it was then too late.

The Count D'Aranda, a man to whose enlightened
views Europe has rendered a just homage, foresaw, a
few years after the alliance of France with the United
States, the consequences of that event on the destiny
of the trans-atlantic kingdoms of Spain. Fully admit-
ting that the independence of the thirteen colonies had

* 1707. Negotiations for the succession of Spain, by M. Colberi
*le Torcy, vol. i. pajre 181, 182.

OF LOUISIANA.

149

been inevitable, he was soon alarmed at their aggran-
dizement. He proposed, in 1789, to the king his mas-
ter, to divide Spanish America into three great states;
each of which should be governed by one of the in-
fants, with the title of king. They would have been
bound to pay a considerable subsidy to the mother
country, and she would only have retained her domi-
nion over the islands of Cuba and Porto Rico. This
great design was thwarted by the royal council, whose
importance it would have destroyed. It would have
been a tardy concession, and we will not inquire whe-
ther the thrones, which the Count D'Aranda proposed
to erect, could have been long maintained in the neigh-
bourhood of a people raised by independence to the
height of prosperity.

From 1778, a royal ordinance had allowed a trade
between the colonics and the principal ports and places
of the mother country. The success of this experi-
ment surpassed every one's expectations, and yet the
eyes of the Spanish ministers were not opened. Inter-
course with the colonies was more rigorously than
ever forbidden to foreigners. The severity had dege-
nerated into an absolute despotism, when, in 1785, in-
ternal commotions announced dispositions tending to
a general insurrection of the aborigines, and even of
the colonists.

It was about this time that Miranda, a young, enter-
prising, and bustling creolc from C.irracas, arrived at
Philadelphia. He had there several interviews with
the writer of this historv, to whom he made the fol-

»M

i m

.VH**»l,

150

THE HISTORY

lowing remarks: "Our American kingdoms will soon
experience a revolution similar to the one wliich you
have witnessed here. A wise and prudent government
might moderate its violence or delay its effects. But
such warnings only offend ministers. They have a
great aversion for all wisdom except their own, and
they always make those advisers, who are too well in-
formed for them, feel their anger. I have told them
that the rising of the Mexican Indians in 1778 was a
warning of the highest importance. I have spoken of
admitting foreigners into all our colonies. From the
manner in which this proposal was received, I have
thought it prudent to fly, as if I had been guilty of a
crime." The charge d'affaires of France transmitted
to the Count de Vergennes an account of this conver-
sation.*

Miranda has since been conspicuous in the troubles
of Europe, and in the civil wars of America. He
finished his stormy career in a melancholy manner in
1816.

The Count Moustier, a discreet observer, filled in
1788, the office of minister of France in the United
States. He gave similar information. His counsels
tended to produce great changes 'n the government of
the Spanish colonies. Their execution required as
much courage as ability. But the court of Madrid, re-
garded as perpetual institutions, whose wisdom seemed
attested by the experience of three centuries. The

* Archives of the Department of Forei<2;ii Affairs.

OF LOUISIANA.

li)l

btatesmen of tliat period were far from thinking that,
before thirty years should elapse, Europe would cease
to have America as an appendage.

Spain thought that circumstances only required from
her an easy sacrifice. She consented in 1788 to cede the
tree navigation of the Mississipf i to the states, founded
on the left bank of that river. But she so little under-
stood the spirit of those republicans, that she had no
hesitation in proposing, as a condition of this grant,
that it should only take effect, in case they determined
to form an empire distinct from that of the Atlantic
states.*

This overture, in which the intention of destroying
the federal union so indiscreetly app';G:ed, was not
even taken into consideration.

What is still more surprising than this proposition
is, that Count de Vergennes, who had advised and ne-
gotiated the alliance with the United States, afterwards
feared the effects of their example, and allowed a pre-
sentiment of future calamities to escape him. This
minister to whom the affairs of Europe were so fami-
liar, had not at that time foreseen, that this treaty
would hasten the emancipation of the rest of the new
world, and that the monopoly to which the islands in the
gulf were subjected, could not long be maintained near
a powerful republic, interested in rendering the com-
merce of the whole world independent and free. Al-
ways imbued with old notions, he was beginning to

>jf''

* Marshall's Life of General Washington, 5tli vol. page 152,

152

THE HISTORY

fear the preponderance of the United States, when
death terminated his useful labours.

The Count Montmorin, the successor of Vergennes.
thought that it was possible to prevent the indepen-
dence of the rest of America, and that it was his duty
to do so. The following hues are from the instructions
transmitted to the French envoy in the United States:
" It is not advisable for France to give America all the
stability of which she is susceptible. She will acquire
a degree of power which she will be too well disposed
to abuse." Strange words to follow the alliance con-
cluded in 1778. This epoch was still recent; the
French ministers, seconded by the wishes not only of
France but of all Europe, had, by effectual and sincere
efforts, contributed to the independence of the thir-
teen states; and ten years afterwards, the view of their
own success amazed them, and inspired them with
alarms that came too late. Instead of following the
inevitable developments of this revolution, and con-
forming their conduct to it, they had conceived the
idea of checking its course. They imagined that a
few lines of instructions, given by the cabinet of Ver-
sailles to an envoy of the king, would arrest the pro-
gress and change the views of many millions of fami-
lies settled in fertile and boundless territories, and
enjoying all the advantages of independence.

Montmorin was alarmed at the progress of the thir-
teen states of the American Union. But, if his judg-
ment respecting them was erroneous, all the other ca-
binets, that had then become hostile to this revolu-

OF LOUISIANA.

I.W

lion, were equally blinded. Such were the dispositions
of Europe towards America, when troubles that had
been long foreseen began to agitate France. Germs
of insurrection had likewise been scattered, and were
fermenting in all parts of the new world. Events whicli
occurred in 1793 pointed out the influence that Lou-
isiana would one day have in the affairs of that conti-
nent, and from that time the lot of this great province
might have been predicted.

The revolution, that had taken place in France, had
put an immense power in the hands of men without
experience in public affairs, and incapable of making
a good use of their authority. They had too little in-
telligence to conceive that a state can prosper without
colonies. They sent to the United States a new mi-
nister plenipotentiary, who was particularly instructed
to sound the dispositions of the Louisianians with re-
spect to the French republic; to omit no means of
taking advantage of them, if circumstances should ap-
pear to him favourable; and to direct, in a special
manner, his attention to the designs of the Americans
on the Mississippi.

This minister was Genet, a young man whom an
excellent education had prepared at an early age for
pubhc affairs; though he was by his restless, turbulent,
and bold character, as well as by his views as a politi-
cian, entirely on a level with the statesmen who had
chosen him. It was then seen to what errors the sen-
timent of liberty may conduct even those who taste its
true benefits. The Americans, separating the liberty

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wliicli France had just assumed to herself from every
thing violent and criminal that she had connected with
it, received young Genet as the messenger of liumanity
restored to its rights. He arrived at Charleston in April.
179.3. The envoy of a rising republic, he was received
with demonstrations of joy that he might well have re-
garded as universal. Intoxicated by a welcome of which
there had been no example, except at the epoch of the
alliance between Franco aid the United States, he did
not wait, before announcing his character, to be recog-
nised by the government; but, as soon as he landed.
he engaged in transactions tiiat were justly considered
by those who were not blinded by their passions as a
real violation of the law of nations. Too soon invest-
ed with a character which requires great maturity of
intellect, he authorized the fitting out of privateers, in-
stituted consular courts of admiralty, and considered
himself entitled to confer on the French consuls the
power of pronouncing the condemnation of prizes
taken from the English, and ordering their sale. The
instructions which he had icceived from the commit-
tees of the convention breathed the hatred that they
bore to Washington, who was, they dared to say, en-
tirely devoted to England. After Genet was recognised
by the American government as minister of the French
republic, he redoubled his boldness, and set no limit?
to the rights which he claimed in his official character.
At fifteen hundred leagues from France he thought
himself as powerful as if he had been sent, supported
by a French army, to the court of an insignificant Eu-

OF LOUISIANA.

155

ropcaii prince. Tlic fcderul government behaved with
lirmness and dignity, and ctVcctually resisted his at-
tempts; but the young minister renewed them with-
out cessation, and as his official notes and memoirs,
swelled with citations from publicists and learned men,
made no impression on the cabinet, he scattered them
every where, and exerted himself to produce an excite-
ment in the public mind. He had secret or avowed
adherents in several of the states, and even in con-
gress. Inflated by their support, and having become
truly formidable, he carried his audacity and impru-
dence so far as to accuse Washington himself, who
was then president of the United States, of violating
the constitution. He even allowed the menace to es-
cape him, " of appealing from the president to the peo-
ple, of carrying his accusation before congress, and of
including in it all the aristocratic partisans of England,
and monarchical government.''

Soon apprized of the state of things there, by the
reports of his correspondents, and of the adventurers
who had advanced to the Mississippi, he believed, with
much reason, that if he could make a sudden attack
on Florida and Louisiana, he would find, not only
among the inhabitants of the western territories, but
even at New Orleans, a numerous party prepared to
second him. He was assured that all Louisiana de-
sired to return under the dominion of France, and he
seriously set about making the conquest of it: he pre-
pared a co-operation of naval forces, which were to
'endezvous upon the coast of Florida. The principal

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THE HISTORY

body ot* land troops was to crabark in Kentucky, anu
descending tlie Ohio and Mississippi, to invade unex-
pectedly New Orleans. He liad regulated in advance
the pay of the troops, their rations, the distribution of
the booty, and even the division of the lands among the
soldiers, with the portion reserved to the French re-
public. Finally, he abused the privileges of legations
so far as to raise bodies of troops in the tv.'o states of
South Carolina and Georgia, and he received in them
French and Americans, without distinction. Though
restrained for a moment in his extravagances by the
moderation and firmness of the government, he soon
recommenced his attacks by exhausting all the decla-
mations which the conventional doctrines could furnish,
and thus resumed his ascendancy over the multitude.
The federal government was informed of the fa-
vourable reception which the proposition of inva-
ding New Orleans met with in several of the states.
These hostile preparations gave it the more uneasi-
ness, as it was then carrying on, with the court of
Madrid, a negotiation relative to the navigation of
the Mississippi. Washington promptly addressed in-
structions to the governor of Kentucky, with a view
of moderating this excitement. He informed him
that four Frenchmen, bearers of commissions from
M. Genet, were openly travelling through that state
preparing an expedition against Louisiana. That mi-
nister himself, he added, was to be the commander-in-
chief. The inhabitants of Kentucky were but too well
disposed to second hini- They resolved, in their pn-

OF LOUISIANA.

157

vate assemblies, to lay before congress their claim for
the most entire liberty of navigating the Mississippi,
and recommended to their representatives to employ
decent but imperative terms, and such as suit the lan-
guage of a people speaking to their servants. The
governor replied to the despatches of the secretary of
state, that " he had neither the power nor intention of
preventing the people from asserting rights necessary
to their existence; and, as to those who had planned
the expedition, he doubted whether there was any legal
authority to restrain or punish them, at least before
they have actually accomplished it." From the exag-
gerated consequences to which the first magistrate of
Kentucky carried the abstract rights of man, we may
judge of the greatness of the crisis.

Washington, personally insulted by the diplomatic
proceedings of Genet, considered the public tranquil-
hty in danger. To appeal from the president to the
people, was to summon the people to sedition. Five
or f 'X months after the arrival of this p ^nipotentiary,
who had become, as it were, the chief of a faction, the
American ministers informed the French government
" that the proceedings of its envoy in no respect cor-
responded with the dispositions that animated the
French republic; that, on the contrary, he was exert-
ing himself to embroil the United States in war with-
out, and to spread discord and anarchy at home, and
they demanded his recall as necessary to the mainte-
nance of a good understanding."

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158

THE HISTORY

The answer to this demand was delayed by the dis-
tance. Genet continued his bold practices, and the
government was about to suspend his diplomatic func-
tions and deprive him of the privileges attached to his
ofHcial character, when it received the news of his re-
call. His successor arrived soon after, and througli
this new plenipotentiary the United States were in-
formed that the French government entirely disap-
proved the conduct of Genet. This young man, who
seemed destined by his talents and acquirements to fill
honourably his public career, fell into a sort of obscu-
rity, in consequence of his having been prematurely
called to perform duties that require experience and
prudence even more than learning. His active mind
was subsequently directed to the useful arts, and with-
out doubt his efforts in those matters have been at-
tended with more fortunate results than his political
proceedings. But the seditious and violent impulse to
insurrection which he had given to the people of the
west had been so well received, that it lasted after Ik
had ceased to be its principal mover. The inhabitant?
of Kentucky, deprived of the hope of conquering Lou-
isiana, presented petitions, in which, reducing their
demand to the free navigation of the Mississippi, they
accused the administration of the United States of in-
attention to the public interests, threatened it with a
dismemberment of the Union, and declared that "by
the h-iw of nature, the navigation of the Mississippi be-
longed to them; that they wished to have it, that the^

OF LOUISIANA.

159

would have it, and that if the government neglected to
secure it to them, it would be guilty of a crime towards
them and their posterity."

The senate and house of representatives did not no-
tice the violent language, and the disregard of the rules
of rational liberty, with which these representations
were drawn up, but they took into consideration the
state of a numerous agricultural population, without
manufactures, which, spread on the banks of the Mis-
sissippi and its tributaries, could only exist and extend
itself by commerce, by the sale of the products of the
earth, and by a free navigation of that river. The
two houses declared that "the right of the United
States to this navigation was incontestable, and that
the necessary measures should be taken to secure its
enjoyment.*'

After the recall of Genet, a small force which was to
have co-operated in the projected invasion, landed on
the coast of Florida. It was said to be only the ad-
vanced guard of a more considerable body. On the
arrival of these feeble auxiliaries, a few French and
Americans assembled in Georgia. But these volun-
teers, being deprived of their chief, dispersed; the
French passed over to the Indian territory to await
new orders. They were there in a most destitute con-
dition, and many of them became victims of the In-
dians.

A few deserters from the army of the United States
had joined these bands of adventurers. They saw with
'cgret the rich bootv, at which thcvhad aimed, escape

.1)1

160

THK HISTORY

them. These tumults were not entirely calmed till to-
wards the middle of 1794; but other troubles broke
out, and were felt even in Pennsylvania. These dis-
turbances affected the popularity of the great Wash-
ington, and troubled the peace of his last years. By
prudent and vigorous measures, however, he succeed-
ed in appeasing the clamours of the factions, but it was
easy to see that the navigation of the Mississippi and
the possession of what remained of Eastern Louisiana
would always be an object of ambition to the new states
of the Union. This truth did not reach the politicians
of the French convention. The committee of public
safety thought that it might try other means of restoring
to France the province which she had not been able
to recover through the attempts of Genet.

During the negotiations of Basle, in 1795, this com-
mittee gave instructions to M. Barthelemy, the ambas-
sador of the republic, " to demand the restoration of
Louisiana and the cession of the Spanish part of St.
Domingo, or that France should retain the province of
Guipuscoa, and particularly Fontarabia and St. Sebas-
tian, which had been conquered by her arms."

Louis XIV. had also entertained the design of uniting
the province of Guipuscoa to France, and at the time
of the treaty of partition of the 11th of October, 1698.
for the Spanish succession, it had formed a part of the
Dauphin's portion.*

The lands of the Spanish part of St. Domingo arc

* Colbert de Torci. Negotiations for the succession of Spain.

OP LOUISIANA.

161

not inferior in quality to those of the French : they are
better watered and much more extensive. But culti-
vation had made the French colony twenty times more
valuable than the Spanish. The convention, glancing
at these advantages, had imagined that to acquire ter-
ritory was to ensure productions. We believe that
such success could only have been attained after a long
course of years, and that it depended on conditions
which u was not in the power of France to fulfil. The
present state of St. Domingo renders useless the ex-
amination of these questions.

Barthelemy opened the negotiations on the three
propositions contained in his instructions. Spain
thought at that time that it was for her interest to re-
tain Louisiana, and , though St. Domingo was the old-
est of her settlements in America, though its civil and
ecclesiastical jurisdiction extended over the islands of
Cuba, Porto Rico, and other possessions, it decided to
cede it.

The directory succeeded, at this period, to the na-
tional convention. Principally attentive to the affairs
of Europe, it learned with a sort of indifference the sa-
crifice to which Spain consented, as well in order to
preserve peace as on account of the disordered state of
her finances, and the absolute impossibility of making
a resistance proportionate to the dangers to which she
was exposed.

England, on the other hand, according to the rules
of her ordinary policy, and conformablv to maxims, the

102

iHK iiisrouv

soundness of wliicli was guarantied by experience, di*
reeled her attention to all the islands, and to every
part of the American continent. An incident, the par-
ticulars of which deserve to bo reported, sufficiently
showed that she would never be indifferent to the fate
of Louisiana.

Spain, by the treaty of October, 1795, had ceded to
the United States her possessions on the left bank of
the Mississippi, only reserving the Floridas. But after-
wards, being closely allied with France, and foreseeing
an approaching rupture between that republic and the
United States, into which she was afraid of being drawn,
she had regretted the sacrifice. She refused, under all
sorts of pretences, to proceed to the demarcation of
the new boundaries, and to the evacuation of the ceded
territories. The Spanish governor retained the post of
Natchez, which, according to him, was the only defence
of Louisiana against the English troops assembled at
Quebec, and against the Indians whom the government
of Canada was arming and disarming at pleasure. The
Americans of Kentucky and Tennessee did not appear
to him to be less objects of dread. In fact, the inha-
bitants of the ceded territories, the greater part of
American or English origin, murmured at seeing their
new government show so little anxiety to enter on the
possession. They manifested great impatience to pass
from the arbitrary sway of the Spaniards under the free
government of the United States, and excited the sa-
vages to keep themselves prepared for war.

OF LOUISIANA.

1(53

It was under tliesc circumstances, that the audacious
project of a man, important by h.is rank and official sta-
tion in the United States, was discovered.

Mr. Blount, governor of the territory of Tennessee
and commissioner of the United States among the In-
dian tribes, had acquired, during a long residence in
those districts, an intimate knowledge of the country
and its inhabitants, and enjoyed a great influence there.
Subsequently named a member of the senate, when the
territory was admitted into the Union as a state, he
filled that office in 1 797, the last year of the presiden-
cy of Washington. Blount was not worthy of the con-
fidence of which his fellow-citizens had given him a
proof by sending him to congress. His affairs were
very much deranged, and he conceived the idea of re-
trieving them by a signal service which he proposed to
render to England, at that time engaged in a war with
Spain. He formed the plan of invading Louisiana, by
means of forces sent from Canada. According to this
scheme, the Enghsh troops, secretly embarked on the
lakes in the autumn of 1797, would have landed at the
southern extremity of Michigan, from whence the Illi-
nois river is not far distant. The invading army, de-
scending this river to its junction with the Mississippi,
was to find the inhabitants every where prepared to
second it. It would have crossed in arms, it is true, a
part of the country belonging to the United States; but
this violation of their territory had not seemed to Blount
a circumstance of great importance. The troops, when
thov arrived at the great river, would have found there

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provisions in abundance, and boats in sufficient num-
ber, sent from the Ohio, by the inhabitants of Kentuc-
ky. A rapid navigation was to carry them in a few
days to New Orleans. This place had only a feeble
Spanish garrison, in no condition to oifer resistance.
The capital once occupied, all the country was in the
power of the English, and the Floridas would have
been subjected with the same facility.

Blount first disclosed his plan to Mr. Liston, the Eng-
lish envoy to the United States. This minister, a pru-
dent observer of the usages of dipl^^macy, without ci-
ther welcoming or repelling confidence, let the senator
miderstand that he must address himself directly to
the British cabinet, which this intriguer accordingly
did. Obliged to deliver his plans and memoirs to an
intermediate agent, he betrayed himself by the care
which he took to recommend great secrecy, and by
the mystery with which he accompanied all his pro-
ceedings. His memoirs, having been put on board of
the vessel in which his messenger was to embark, fell
into the hands of the captain, who considered it his
duty to transmit them to the president of the United
States, who was then Mr. John Adams, the successor
of Washington in that station. The president com-
municated them to congress, by whom they were
published. The envoy, Mr. Liston, gave formal as-
surances of being a stranger to the plot, and the
American ministers pubhcly declared, "that it was
not probable that the P^nglish had any knowledge of
it." The offence committed by Blount was not pro-

OF LOUISfANA.

166

vided lor by law. A committee of the house of
representatives proposed to prosecute him for the
crime of high treason ; he was not, however, tried, but
the senate expelled him by a vote, not of two-thirds
only, as the constitution requires, but unanimously.
We are aware of only one other case of expulsion
from the senate. In the house of representatives not
a single one has occurred, from 1787, when the con-
stitution of the United States was adopted, to the pre-
sent day.

This enterprise, though abortive, was a warning lor
Spain. Her means of defence in America were by no
means proportionate to the vast extent of the domi-
nions which she possessed there, and the policy of
England was no mystery.

The Louisianians supposed their country for ever a
stranger to the movements of Europe, when the events
of the French revolution, and the troubles in the West
Indies recalled it to the attention of the ephemeral au-
thorities that then governed the new republic. From
the committee of public safety, the authority had passed
to a directory, still more incapable of managing the
affairs of a great state. The maritime war between
France and Great Britain had lasted for eight or nine
years. The United States were about to be drawn
into it by a party friendly to England, in spite of all
their efforts to preserve a neutrality from whence they
derived immense advantages. But France and Eng-
land were exerting themselves with equal ardour to
break it for their own benefit, and thev each calculated

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THE HISTORY

that, by obtaining the assistance of these neutral statt;,
its own commerce would come in for a share of the
profits that they were then enjoying. The directory,
through its imprudence, rendered a rupture inevitable.
It had pursued a course opposed to that long-sighted
poHcy, which, without imposing on the United States
unequal and onerous conditions, had dictated the trea-
ties of 1778. These treaties, congress, in consequence
of the most offensive provocations, declared in 179li
to be broken and rescinded.

As France and the United States were separated by
great distances, the land-armies could not reach one
another, and there were only a few naval engagements,
jflostilities of the most unjust and vile kind that war
authorizes were not, however, on that account less fre-
quent; — these consisted of attacks of privateers on dis-
armed merchant vessels, incapable of defending them-
selves, and the owners of which, in the regular course ol
their own business, are constantly employed in forming
innocent and peaceable connexions among all the coun-
tries of the world. Louisiana had rather gained than
lost by this state of things so favourable to contraband
trade, and the Spanish governors themselves willingly
lent their aid to the blows which were continually in-
flicted on the prohibitory system. Its rigour was also
moderated in the other Spanish colonies, and such
great advantages resulted from it, that the cabinet of
Madrid shut its eyes to the consequences that this
relaxation might have on the maxims of its ancient
policv.

OF LOUISIANA.

167

At the peace of 1763, Spain had recovered the Ha-
vannah, a conquest made by England, only by aban-
doning to her the Floridas in exchange. This acqui-
sition was then important for the English, because it
covered Georgia and the other continental colonies
which were still subject to them. Spain had again
made herself mistress of the Floridas during the war
of American independence; and England, to whom
their possession had formerly appeared so advantage-
ous, found them almost a burden after the thirteen co-
lonics had ceased to belong to her. They would have
been a subject of misunderstanding between the United
States and the British government. England, there-
fore, abandoned them to Spain at the peace of 1783.
But by thus enlarging its territory, this power became
exposed to be attacked upon an immense extent of sea
coast. It also began to take umbrage at the rapid in-
crease of the confederated states. On no side did it
see the means of safety, when an unexpected event en-
tirely changed the aspect of afiairs.

The directory of the French republic, in the midst
of the innumerable difficulties which its ignorance had
accumulated, after having involved the country in war
with the United States, had entirely lost sight of the
colonies, which France still retained. This incapable
and base government was, almost without resistance,
stripped of its authority by a general, who, to great
military talents, united most of those qualities which
constitute the statesman. To this day he is incontes-
tablv the first among the illustrious men of the world;

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168

THE IlISTORV

it may be doubted whether posterity will assign him a
place among the great men.

Bonaparte, in assuming the supreme conduct of af-
fairs, found those of politics and war in extreme con-
fusion. This condition of the country did not surprise
him, and he thought that he was adequate to every
thing. !t was, indeed, from the midst of this chaos
that he originai(:;d and brought to a happy conclusion
the most important negotiations. Still young, and al-
ready celebrated by more victories than the most fa-
mous captains have achieved in a long career, he as-
pired to another kind of glory, when he saw himself at
the head of the government. He then only considered
peace as a means of carrying to the greatest height the
commerce, navigation, and manufactures of France,
and his passion for war seemed for a time to be put to
rest. The English, on their part, masters of the com-
merce of the world, would have wished to retain it
without rivals. As to other matters, the two nations
were well disposed to a sincere reconciliation. Equal-
ly distinguished by almost incredible progress in the
sciences and arts, pursuing with the same zeal every
thing which can embellish and meliorate society, it
appeared that nothing farther was required from the
governments than to abstain from thwarting these
good dispositions. The first overtures of peace made
by France were, however, immediately repelled at
London, where the phantom alone of a French repub-
lic, active and powerful, still inspired dread. But as
the cabinet of Madrid, encouraged even by its igno-

OP T,OITrSIA\A.

raiicc, was necessarily inoro incline*! to ncfrotiatc, Bo-
naparte considered tlic occasion a favourable one for
realizing the project in which the directory had faded.

The cession that France made of Louisiana to Spain
in 1703, had been considered in all our maritime
and commercial cities as impolitic and injurious to the
interests of our navigation, as well as to the French
West Indies, and it was very generally wished that an
opportunity might occur of recovering that colony.

One of the first cares of Bonaparte was to renew
with the court of Madrid a negotiation on that subject.
He was then far from thinking that contributions for-
cibly imposed on Europe could take the place of those
immense tributes, which she vohuitarily pays to the
manufactures and navigation of commercial nations.

The possession of Louisiana seemed to him parti-
cularly favourable to the project that he had formed of
giving to France a preponderance in America. Ho
connected with his views another design, which he
subsequently attempted to realize — a league of all the
maritime powers against the pretensions of England —
and he hoped in this way to put an end to the domi-
nion which she had arrogantly assumed over the sea.
" France,'' said he, " cannot reconcile herself to this
inert existence, this stationary tranquillity, with which
Germany and Italy are contented. The English reply
with disdain to my olibrs of peace; they have protect-
ed the black rebels of St. Domingo, even so far as to
liberate them and give them arms. Very well, — I will
make of St. Domingo a vast camp, and I will have

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tlicrc ;in annv always ready to carry war into then
own colonics."

Reflection soon made him abandon these chimerical
plans; and, skilfully profiting by the great ascendancy
which the victory of iMarcngo and the fortunate events
by w'hich it was succeeded gave him, he opened a ne-
gotiation at Madrid, and easily persuaded the Prince
of Peace, the all powerful minister of the catholic kinir.
that Louisiana, by being restored to France, would bo
a bulwark for Mexico, and a security lor tbe tranquilli-
1y of the gulf.

On the 1st of October, IHOO, a treaty was concluded
at St. Ildephonso, the third article of which is in these
terms: " His Catholic Majesty promises and engage;
to retrocede to the French rc[)ublic, six months aftci
the full and entire execution of the above conditions
and stipulations relative to His Royal Highness, the
Duke of Parma, the colony or province of Louisiana.
with the same extent that it now has in tlie hands oi
Spain, and that it had when France possessed it, and
such as it ought to be after the treaties subsequent]}
entered into between Spain and other states." The
treaty of Madrid of the 21st of March, 1801, reneu>
these dispositions; and the first article contains a tie-
tailed account of the conditions on which the cession
was made. Tlic motive specially assigned was, "that
the reigning Duke of Parma, as a compensation for
that duchy and its dependencies, os well as of the ces-
sion which the king of Spain made of Louisiana.
should be put in possession oT Tuscany, under the

OF hOLl.SIAX \.

17J

iiiirne of the kin<jdoin of Etniriu." TijLrjC ^lipulutioiiii,
whicli could not then be executci]. boctnne subsequent-
ly the ground of numy complaints on the part of the
Spaniards, and J Louisiana continued for some tinie
longer under their dominion.

Spahi, by uniting l^ouisiana in ITOii to her vast Ame-
rican states, was not actuated by any intention of ex-
tending her navigation or augmenting her treasures.
She still followed the itucient policy of those barbarous
nations, who only think their frontiers secure wlien vast
deserts separate them from powerful nations. The
neighbourhood of Franco seemed to her less to be
dreaded than that of the United States.

The English and Americans go in quest ol' vacant
countries in order to settle in them; and it is by a nu-
merous ])opulation that tiiey provide for the defence of
the frontiers of their colonies. I'ut the French were
the friends and alhes of the Spaniards, and their con-
tact was not dangerous ; since, notwithstanding con-
tinued cfibrts during a century and a half, they liad
never been able to make a single continental colony
prosper.

Spain, in consenting to the retrocession, uiserted a
condition, that she should have the preference, in case
Franco, in her turn, shoidd be disposed again to cede
Louisiana. We shall see, in the scquf;!, the embar-
rassments which resulted from this stipulation.

Whilst these things were passing in Europe, the in•^
icrnal and foreign policy of the United States under-
went a ureal chanjre. which had so much inHuenco on

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the laic ol' Louisiana, tliat it is necessary that the
juiiicipal circumstances connected with it should be
known.

From the time ol' VVasliington's presidency, two sys-
tems of government had divided the opinions of the most
distinguished American statesmen. One party, extra-
vagant champions of democracy, wished to re. - ain the
powers of tiie superior government and strengthen tlic
authority of eacli of the thirteen states, by giving to tlio
state governments whatever power could be taken fiom
the general confederacy. This party, which was called
republican or democratic, reckoned in its ranks the
most able men. The other party had Washington for
its head, and it could not have had a more virtuou-
leader nor one more deserving of confidence. This
great man retired after a presidency of eight years.
His successor was Mr. John Adams, a statesman who
entertaining probably too liigh an opinion of his own
great superiority, had succeeded in impressing maiiv
other persons with the same sentiments respecting
him. J3ut, wlicn he reached the presidency of tlie
United States, he did not entirely justify either his own
confidence in himself or that of the party which hud
advanced him so high. He professed great admir.i-
tion for the British government ; it has even been as-
serted that he would have seen, without alarm, the
presidency of the United States held for life by the
same individual. He did not dissemble his aversion
for the French nation and the little esteem that he en-
tertained for thctf goverunieiit. The American peo-

OF LOUISLWa,

17:5

pie were, however, liir Irom sharing Ins opnnous. A
sort of instinct, the fervour of whicli was not yet re-
laxed^ drew them towards the doctrines and principles
whicli the French revolution had adopted.

It was this ditference of opinion between the people
and their rulers that ruined the party of Mr. Adams.
The Ibderalists, who had abused their power to remove
the republicans altogether from the management of
afl'airs, after having had the control of the government
for a few years, lost their influence in most of the
states of the Union, and their efforts could not effect
the re-election of Mr. John Adams for a second presi-
dential term.

Mr. Jefferson, the most distinguished citizen m the
republican party, succeeded him, and the aspect of
tilings immediately changed.

Mr. Adams, yielding to the general opinion, had,
probably contrary to his own wishes, commenced ne-
gotiations with the directory. They acquired more
consistency when Bonaparte took the reins of govern-
ment. This negotiation and that of Madrid were ter-
minated at the same time. 'I'lie convention with the
United States was signed at Paris on the liOth of Sep-
lemher, 1800, and, on the next day, October 1st, the
treaty with Spain was concluded at St. Ildephonso.

The war with England still continued. The cession
of Louisiana by Spain to France, stipulated by the
treaty of St. Ildephonso, was not yet made public, and
Bonaparte was careful ;iot to divulge it by taking pos-
'imioii of the provaice.

Him '"

J 74

illK Hi&i'OKV

A maritime peace was an essential prehminary ii.
the undisturbed enjoyment of this acquisition by
Franco; but, in treating of peace with Enghuid, it.
would have been embarrassing to have asked the con-
sent of that power, or even its tacit acknowledgment:
the negotiation would have been fettered by it, and
perhaps broken oft". It cannot be doubted that Lou-
isiana might have been attacked by the English and
easily conquered, had they been informed during the
war that it had again become a French colony. Un-
der such circumstances, secrecy was the most prudem
advice that could be ofl'ered to the newly formed cabi-
net of the Tuileries.

England had in I'act Ibund herself obliged to listch
to new propositions of peace. Ail the powers were
eager to negotiate with Bonaparte, and treaties ot
peace rapidly succeeded one another. After having
had numerous allies. Great Britain was on liie eveol
being left alone. A negotiation was then commenced
at London. All the difticulties were soon removed,
and preliminaries were signed on the 1st of October.
1801, a year after the treaty of St. Ildephonso.

The lirst consul then regarded the termination ot
the war as tho surest means of confirming his authori-
ty. Those who closely observed !iis conduct and heard
his remarks, would have thought that he was animated
by really pacific intentions, if his conditions of defini-
tive peace had not been at the same time directly op-
posed to the maxims of the power with which he had
Just signed tlic preliminaries., lie tU sued an entire re

OF LOUISIANA.

\;i()i'Ocity and equal tarifts in matters of commerce.
He reminded the people of Europe that the new mari-
time code, of which England pretended to dictate the
articles, was only an abuse of foi'cc, and that all the
other powers ought to unite to prevent its being acted
on. He raised their courage by his own example.
;ind he hoped to be able to revive the league, honour-
ably formed under Louis X VI., for the free navigation
of neutrals, and which was so unfortunately dissolved
before it had acquired consistency. Disposed to make
a sincere peace, he was not the less persuaded of the
necessity of using against England the means by which
that power sustains its supremacy over the seas. In
iho state of depression to which all the nations whom
navigation formerly enriched were fallen, he was con-
vinced that, in case of new aggressions, they must
agree to shut the ports of ♦ho contin( nt to English ves-
sels. It was in this view, as yet scarcely developed,
that he required that the treaty should secure a free
navigation to all flags; that the naval forces of the ma-
ritime powers should at the peace be reduced to what
might be necessary for the protection of the coasts
and adjacent districts. He wished that their employ-
ment, when not at war, sliould be confined to putting
an end to piracy, to cultivating naval science with
more advantage than merchant navigators are capable
of doing; and, finally, to afibrding to commerce such
assistance as may be necessary in difficult circum-
stances.
There was an interval of six months between the

.'■■k

^,:»fl!

i7G

THE HISTORY

conclusion of the preliminaries and the peace of
Amiens, which was signed on the 27tii of March.
i802. The slowness with which the business pro-
ceeded disappointed the public impatience at London.
where open murmurs were already heard. However,
these six months had been sufficient to produce a grcai
change in the political state of the world.

A man of an elevated genius, of a decided and de-
termined character, too young to have reflected on the
rights of other nations, and on the danger of wound-
ing their independence, was continually hurried on, to
omit nothing which could increase his own glory and
render the nation, whose destinies he had undertaken
to direct, powerful and formidable.

The first acis of his govcnment, after the treaty.
augured favourably, however, for the duration of peace
The general amnesty to the emigrants was, as it were.
a first pledge of his sincerity.* Numerous. classes of
banished Frenchmen, who were flying from place to
place., suffering all the ills of poverty, were, in spite of
menacing and barbarous laws, recalled by degrees to
their common country. The restoration of the altars
was felt as a general want, and this work was entered
on without intoierance or fanaticism. Wise laws were
promulgated, and treaties of peace concluded with dif-
ferent powers. In this same year, 1802, the finance-
of France were in a more flourishinij state than at
iiny previous or subsequent period.

'in

* April 20th, IHOC.

OF LOUISIANA.

177

This prosperity was not owing to those foreign tri-
butes which afterwards gave to tlie treasury a tran-
bient opulence, the source of hatred and reprisals.
There was no longer a war establishment: far from
fearing new ta.Yes, there was an expectation that
old ones would be lightened, and the continuance of
peace was calculated on as the necessary condition of
the re-establishment of order.

France found in peace all the advantages to which
she had long aspired ; she obtained for her northern
provinces a frontier conformable to the great divisions
traced by nature, and which had been, for centu-
ries, the object of her ambition; for her commerce
and navigation she had the most justly founded expec-
tations, that the possession of Louisiana and the sub-
jection of St. Domingo, enlarged by the whole part
that had belonged to Spain, would enable her to re-
sume her rank among the maritime powers and com-
mercial states.

The republic, in these new circumstances, and un-
der a wise and pacific government, might, witliout
giving umbrage to its neighbours, have attained to a
sufficiently high degree of prosperity. The earnest
desire for peace, which had been entertained in Eng-
land during the latter part of the war, had caused the
preliminary articles to be received there v/ith that
joy and enthusiasm which indicate the assent of the
people.

But these feelings of good-will were not of long
continuance. It was early perceived that the genius

' 1 '*«<

SH."

178

THE HISTORY

of Bonaparte, so vigilant, so well calculated to con-
ceive and to act in war, would not be long resigned to
the repose of peace. His activity was soon directed
towards foreign commerce, and ardently bent on the
navigation and colonies, which before the revolution
secured to France advantages that peace had not en-
abled her to recover. Then, this ambition, though al-
together legitimate, awakened in the English govern-
ment those distrusts and fears from which ministers,
who are really responsible, can never be free.

It was in the interval between the signing of the pre-
liminaries and the definitive treaty of peace, that the
first consul caused himself to be recognised as presi-
dent of the Italian republic. The English ministry did
not, however, think it requisite on that account to
break off the negotiations, and it even abstained from
making any observations on so extraordinary a pro-
ceeding.

Bonaparte had been named, in J 799, first consul for
ten years. On the 8th of May, 1 802, a decree of the
senate added ten years to the first term. Three months
afterwards, he was named for life, with the privilege ol
designating his successor. Europe was astonished at
these innovations, when other decrees of the senate
spread still more lively alarms. These acts, of a de-
scription altogether new to the public law of Europe,
successively united to France different countries, with-
out any other motive than that of convenience; and
the first consul even disdained to enter on an explana-
tion of these bold measures. It wa;; from the parlia

OK LOtiJMANA.

179

mcnt ot' England that his pride received tho first
lesson.

Opinions can be openly expressed in those assem-
blies with a publicity, which, if it is sometimes indis-
discrcct, has the inestimable advantage of keeping
rulers constantly on their guard against their own
faults; of making them acquainted with the wishes
and opinions of the people; of informing them of eve-
ry thing that relates to the good of the country, and of
enlightening them on its real interests. The truth, thus
made public, benefits every one, and oftentimes even
the censures by which the ministers appear the most
offended, are those from which they expect to derive
in secret the greatest advantage. This was the case
a', the conjuncture to which we refer.

The sessions of parliament for 1802 and 1803, were
distinguished at their commencement by the ability of
those who attacked and defended the terms of tho
peace,* and, at a later period, by the agreement of all
parties in a desire to recommence the war. We will
only refer to the discussions which relate to Louisiana,
and to the interests of France and England in Ame-
rica.

The address of the house of commons in May,
1802, on occasion of the definitive treaty, contained
these remarkable words: "We rely on his majesty's pa-
ternal wisdom for resisting every fresh encroachment,
(of whatever nature,) which shall be attempted on the

• Signed OQ the 27th of March, 1803.

'Sii

V'U.**iJ!

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tuo

THE HISTORY

■IMUi&a

iBh|H^

iS^DRp

maritime, commercial, or colonial rights of the Britv&ii
empire."

There was nothing, however, in the first debates
that announced an approaching rupture. Some dis-
tinguished statesmen approved of the peace. They
considered it bad policy to keep a rival nation in a
state of inferiority, and without the power of unfold-
ing the means of prosperity for which it is indebted to
its genius, or which it derives from nature; and they
were of opinion that no reconciliation is sincere, if
there is not a reciprocal advantage in it, and that it is
thus that generosity benefits even those who practise
it. " Let us allow," said they, " let us allow the French
to have at heart the glory and happiness of their coun-
try, as we desire the glory and happiness of our own.
France has only obtained by the peace advantages
suitable to her situation ; they will be the surest gua-
rantees of her tranquillity and moderation abroad,
and the pledge of the contentment and repose of tlie
people at home."

About this period the plan of reconquering St. Domin-
go was more fully known ; it powerfully contributed to
awaken the jealousy, with wnich our prosperity has so
often inspired England. " This expedition," said a
member in addressing the house of commons, " is for-
midable, and surpasses any heretofore seen in the
American Archipelago. It seems to menace Touis-
Baint-Louvcrture, but we shall probably see the French
turn the black regiments of that chief towards the con-
quest of Jamaica." The chancellor of the exchequer?

OF LOUISIANA.

lUi

but too clearly foreseeing the future, replied; "This
expedition should be for us a source of tranquillity ra-
ther than alarm; for the usurpation of authority by the
blacks is an event truly to be dreaded, and one which
puts in jeopardy the security and repose of our West
India colonies."

Several articles of the treaty gave rise to more ani-
mated discussions; and the ministers, whose work the
last peace was, were defended by their own friends
with so little warmth, that from that time an imputa-
tion, too grave to be lightly entertained, gained ground.
Many members of parhament condemned the facility
with which Lord Cornwallis, a distinguished warrior,
but inexperienced in negotiations, had acquiesced at
Amiens, in several demands of France; it was, they
said, a proof that it was only intended to gain time.

These traducers of the peace were not so numerous,
but they were more clamorous than its advocates; they
wished to establish it as a point of national law, that
no change of sovereignty, no accession of territory
could take pkce in Europe or America, without the
acquiescence of England.

Thirty years before, whilst Great Britain was ex-
lending its sovereignty over the finest parts of Asia,
without any other state's thinking of demanding an
account of her conquests, we had seen her jealousy
carried so far as to wish to make war on France and
Spain, in order to prevent the latter power from occu-
pying a few desert islands in the neighbourhood of the

sitraits of Magellan.

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182

THE HISTORk

The opposition blamed Lord Cornwallis ibr not
having expressly inserted the usual clause, by which all
previous treaties are maintained and confirmed; so far
as they are not at variance with the last. " This omis-
sion was," they said, " an indirect ratification given to
the abandonment made by Spain to France, agreeably
to the treaty of Basle, of half of the island of St. Do-
mingo. The silence of the treaty of Amiens, is, as it
were, a confirmation of the union of Belgium with
France, a union very dangerous to England, as the
shores of that province are opposite the Thames, that
is to say, of London itself. In a word, not to revive
the former treaties, particularly those of Utrecht and
Fontainebleau, is to put in question the rights of
England to Nova Scotia, Canada and Cape Breton."
Thus the English claimed the stipulations agreed on at
Utrecht, while they, a few years afterwards, considered
as abrogated the articles of the same treaty which had
consecrated the rights of neutrality. The clamours on
the subject of the cession of Louisiana to France were
still more ardent. " It wounded essentially," it was said,
"the interests of England. The ports which France was
about to have at its disposition would afford facilities
for her naval depots, and multiply the dangers of the
English colonies, in case of war. Canada, which was
adjacent to northern Louisiana, would be soon exposed
to the attacks of the French. They would acquire
over the United States an ascendency, which would,
sooner or later, draw that republic into an alliance
against the naval greatness of England, and the superi

OF LOUISIANA.

\H'A

ority of her flag. New Orleans was the key of Mexi-
co: the two Americas ouglit to be alarmed at a change,
which above all threatened the Spanish kingdoms ot"
that great continent; and the cabinet of Madrid could
only have consented to the treaty in obedience to force.
If it had been known by the two houses of parliament,
when the i^reliminaries were communicated to them.
they would have paused before they approved them.
But the ministers were acquainted with it before sign-
ing the definitive treaty, and they were inexcusable for
not having considered it an obstacle to making peace."

Lord Hawkesbury conceived that he ought to give
explanations, and his answer deserves to be reported.
"To judge of the value cf Louisiana in the hands of
the French," said he, " iet us recollect that they have
heretofore possessed it for a long period, without being
able to render it prosperous; though they, at the very
same time, derived great advantages from their insular
colonies. As to the United States, this transfer does
not expose them to any danger. I have too high an
idea of their power and resources, to entertain any
fears for them on account of their new neighbours.
Were it, however, otherwise, their alarms could but
lead them to unite more closely with us."

This minister also uttered these other words, so ex-
traordinary in the mouth of a statesman: "We only
wished to make an experimental peace." Lord
Hawkesbury thus expressed himself, immediately after
the signature of a treaty, all the articles of which both
parties had promised to execute with sincerity and

184

TJir, HISTORY

good faith. Such words sometimes escape from a
speaker, who, in his desire to please, forgets that they
will he echoed elsewhere than in the chamber which
he is addressing. However, the explosion of public
discontent in England did not long permit the first con-
sul to deceive himself. He could from thenceforth
judge of the effect which would be produced by a
knowledge of the design that he entertained of se-
curing to France commercial advantages in America,
and of creating for her great maritime interests.

The treaties of peace, which he dictated as a con-
sequence of his victories, left him alone formidable in
Europe, and it depended on him to execute them at his
pleasure, whilst he could prescribe a mute obedience
to the other powers : this unnatural situation could only
last so long as they were in no condition to change
it. But Napoleon, who did not then foresee the near
return of war, but was, on the contrary, drawn by his
disposition to tie iloption of prompt and decisive
measures, thought that he ought to proceed without
delay to the execution of the plan that he had formed.
It consisted in first subjecting the revolted colony, by
sending there such considerable forces that he might
be justified in regarding success as infallible. After
the reduction of the rebels, a part of the army was to
be conveyed to Louisiana.

The events, of which St. Domingo was then the
bloody theatre, are closely connected with the histoiy
of the treaty of cession. We shall therefore anticipate
the course of the principal narrative, and state summa-

OF l.Ol'lSIA.N A.

lii:j

rily the issue of the expedition, which htid lor its ob-
ject the re-estabhshmcnt of tlic French sovereignty in
that island.

At the end of the last cenlurv, and after the ftightfui
catastrophes that resulted from a manumission impru-
dently proclaimed, order had begun to be re-established
in that fine colony. But ambition soon after induced
a black man and a mulatto to take up arms, and the
rivalry of these two men kindled anew a civil war,
which the mother country had not excited, but which
she probably witnessed without dissatisfaction.

The two factions and their chiefs were equally ar-
dent in the profession of attachment to France, and
it was difficult to refuse credence to their declara-
tions; for they had both equally contributed to the ex-
pulsion of the English. But the character of their
fidelity was affected by the difference of their casts.
Rigaud, a free born mulatto, had wished, while he re-
stored the colony to France, to maintain slavery, and
to keep for his party the plantations conquered from
the whites, who had emigrated or been allies of our
enemies. He united with a remarkable capacity the
advantage of an excellent education. He had become
chief of all the people of colour, who were born free
or had been manumitted before the revolution. These
men, for the most part owners of blacks, refused to
obey the laws of the convention, which, by proclaim-
ing the abolition of slavery, only left them land with-
out value, for they did not conceive the possibility of
its being cultivated in any other manner than by slaves.

I »

^^m

186

TflR HISTORY

Liberty, moreover, appeared to them to be less pre-
cious, since the multitude were admitted to enjoy it in
tlie same manner with themselves. This chief com-
manded, in the south of the island, an army com-
posed of about six thousand mulattoes and blacks, and
a few whites. This band was very much attached to
him; but a feeling of hatred, which was sometime.^
open and declared, and at others secret and dissembled,
divided the mulattoes and blacks, even though they
followed, whilst under his orders, the same standard.

Touissaint-Louverture, a black, and formerly a slave.
commanded at the Cape and in all the northern and
central parts of the colony. He had recalled the former
proprietors who had emigrated, had protected them
and restored their lands, with the exception of a few
plantations that had been seized on by his friends and
himself But he had only exhibited this generosity in
tranquil times. He acted very differently in war, and
being persuaded that it was necessary to carry it on
without mercy, when the sword is once drawn, lie
pushed his success without giving his adversaries any
intermission, and if he met with a reverse, he revenged
it by fire and plunder. His enemies accused him ot
hypocrisy and dissimulation. He was, they said, cold-
ly cruel, and the extermination of the whites formed
part of his plan for rendering the colony independent.
His partisans made him a hero and a statesman.

Touissaint may be more impartially judged from a
view of his life. Obliged in his infancy to obey as a
slave, unexpected events suddenly made him the equal

OK I.OtMSI A.N.A.

i«:

oi tlic whitfts, and l»c tilled his new place witliont em-
barrassment or arrogance. He entirely forgot what
he had suffered in his first condition, and was generous
even towards many of whom lie had reason to com-
plain. His activity and strength were prodigious, and
he moved with extraordinary rapidity from one extre-
mity of the colony to the other, according as circum-
stances required his presence. Vigilant, sober, and
abstemious, he quitted the table and gave up every re-
laxation the moment that business demanded his atten-
tion. An upright judge, without learning or education,
an able general from the very day that he ceased to be
a private soldier, he was dear to his army, and the ne-
groes obeyed with a sort of pride a man of colour,
whom they considered the superior, or the equal, at
least, of the most distinguished white man.

He was aware that a community, without labour or
industry, soon falls into a state of barbarism, and he
had revived agriculture by '•egulations which had been
attended with the most happy results. The privileged
productions, the precious aliment of a flourishing com-
merce, had become as abundant as formerly; but their
destination was mucli changed. The plantations were
sequestered, and the greatest part of the revenue was
paid into the colonial treasury, instead of being sent
to France. Touissaint and his government thereby
disposed of immense riches, which gave rise to the
opinion that he possessed a hidden treasure. There
is no sufficient authority for this conjecture, though
we are far from rejecting it. He exacted labour, not

•'iijC-

I if

MiV,

niF, HISTOIIV

in order to accumulate treasures, but to iullil one oi
the conditions of tlic social state. " I know how," he
frequently said, " to unite liberty and labour." To this
end all his proceedings were directed, but as soon as
he perceived that its attainment was (juestionable, he
became, though he was not without elevation of soul.
suspicious and implacable. He saw flow, without pity.
the blood of every one who was convicted of havinjj
put in danger that liberty whicli was so dear to him.
on his own account, as well as on that of all the peo-
ple of his colour, and he no longer treated of business
with the candour and good faith that smooth all diflicul-
tics. According to him, it was the safety of the blacks,
his own safety that obliged him to oppose cunning to
perfidy; and the secret intelligence which he kept up
with the emissaries of the government of .Jamaica was
rendered necessary by the condition of St. Domingo, at
the period that he was acknowledged as its master.

His army was composed, in 1800, of about twelve
thousand blacks. V\ ar between men who are distin-
guished from one another by the colour of the skin is al-
ways terrible, because they at last believe tliemselvcs to
be of two different species; thus when a black man and
a mulatto met, each saw in the other an enemy. The
slightest hostilities had then an exterminating character
scarcely known among savages. Treason and secret
violence destroyed in this colony more human beings
than battles. Rigaud, too weak against adversaries
infinitely superior in number, had thought proper to
abandon an unequal contest, and had fled to France.

OP LOLISIANA.

109

Touissaint made a constitution for the colony; he sent
it to the first consul, who was very much dissatisfied
with it, and declared that it should never be put in
force.

Such was the state ^f aflairs, when Bonaparte, on the
laith of the preliminaries of London, and on the point
of concluding the definitive peace, conceived tne de-
sign of sending to the colony a fleet and army under
the command of General Leclerc, his brother-in-law.
Kightecn thousand troops were, at first, embarked on
hoard of thirty ships of the line, for he was afraid to
give, by freighting transport vessels, too much publici-
ty to an expedition which he wished to keep secret.
It was, however, well known at St. Domingo, as the
English did not neglect to apprize the mulattoes and
hlacks of it.

Suspicions and jealousies are the ordinary relations of
cabinets with one another, and at the very moment that
they are making mutual professions of entire confi-
dence, they fear not only probable perfidies, but even
all such as are possible. Although the first consul had
only been a short time at the head of afl^airs, foreign
statesmen conceived that they were acquainted with
his character, and they did not rely enough upon his
political probity to have their impressions of his real
intentions removed by a simple declaration.

Re-enforcements were, from time to time, sent both
to the fleet and army. There was among the French
officers an extraordinary emulation to be of this expe-
dition. Accustomed to glory, the attendant on great

190

rilE HIHTOhV

successes, they had foreseen none of the dangcr>
which are incurred by all who are exposed to the sun
or even the night air in tropical regions. It was con-
sidered a high favour to belong to the expedition, and
the number of generals and oflicers, compared with
that of soldiers, far surpassed the ordinary proportions,
A part of these forces was composed of Spaniards
and Germans; some Poles were also among them
These legions, which had been drawn from their coun-
try to contribute to the great events that changed the
face of Europe, had become embarrassing to France
in her new state of peace. The idea occurred of
sending them to St. Domingo. Thus these soldiers,
many of whom were scarcely manumitted from servi-
tude, were destined to restore to the bonds of slavery.
Africans, with whom they had no ground of quarrel.
The French troops landed on the 3d of February.
1802. On the arrival of these forces, the black gene-
ral, Christophe, set fire to Cape Fran^ais, and this
beautiful city wasi partially consumed. The blacks
adopted it as their law to lay waste their own country,
and to burn down the houses, in order to deprive the
enemy of resources. This rage, and these conflagra-
tions but too well announced the disasters which en-
sued. From the beginning, the success of the Euro-
peans, who gained several battles from the blacks, was
balanced by the losses that they sustained from the
climate. There was no longer any question of rebel-
lion, but the hostilities had assumed the character of a
war between two independent nations.

UF l.Utlal.\iNA.

191

A ^'reat cliangc had followed the abohtion of slavery.
During a century and a hull', an habitual terror had
kept the blacks in the most abject subjection to their
masters. They had then such an idea of the superior-
ity of the whites, that, in the thickest and most solitary
lorcst, the sight of a wliitc mun would have been suf-
ticient to inspire twenty blacks with dread. This al-
most supernatural power, which had vanished at the
proclamation of liberty, had been suddenly renewed,
mi the arrival of a numerous army of white troops,
aod, for some time, it only required a mere patrol to
put to flight a battalion of blacks. Some, however,
resisted with success, and then almost every engage-
ment became a battle. These whites, so long dreaded
as beings of a superior species, were but ordinary ene-
mies, when the negroes discovered that it was so easy
to make them prisoners, or put them to death. Tliey
daily recovered their courage, and soon had as their
rallying words, wherever the French were found in
small numbers; "Let us kill our oppressors." The
mulattoes and free negroes practised atrocious ven-
geance on the whites; they were in their turn thrown
by hundreds into the ocean, and the sight of their car-
casses, washed back on the shores, drove this unfor-
unate race to horrible reprisals. Where they could
not massacre, they set fire to the house.

Leclerc committed still greater faults in his political
conduct than as general of the army. It is doubtful,
however, whether these faults should hv imputed to
him alone. Government had wished to direr.t every

i ■!

J 92

IIIK IIISIUKV

thing from Paris. His public iiistnictioiis ordered liiin to
make use of the influence of" tliose who were free be-
fore the revolution, in order to bring back all the iiewh
manumitted population to an intermediate state, wliicli
it was wished to assimilate to the condition of serl's,
He had also been authorized to hold out the expecta-
tion, that the estates would be soon restored to tin
former possessors. This he announced, and his pub-
lic acts, which at first conformed with his declaratic" .
did not entirely satisfy any party.

But another design, of which the first consul had
confided to him the secret, was to convert the estate?
of the emigrants into military grants, and to indcmnily.
by these usurped riches, the generals and other ofiicers
to whom the peace of Amiens had closed in Europe
the career of glory and fortune. There is reason to
believe, that many of them would not have wished to
profit by this spoliation, which it would, moreover,
have been difficult to carry into effect. The negroet;.
although they had been brought back to labour by
Touissaint and his officers, would have resisted new
masters, who would only have had over them the right
of conquest. The right of property, resulting froiii
purchase, was consecrated by the practice of so many
centuries, that the slave himself deemed it entitled to
respect. The first consul had been advised, but not
convinced, that if there was any means of re-establish-
ing discipline, and even slavery, it was only to be el-
fected by recalling to their former plantations the inai-

oF MM IMANA.

193

icrs, lo whom the bhicks had for so lon'f a time bo-
longed. At tlie slight of tliem, habit, fear, aU'ection,
that consciousness of degradation, which in an abject
state debases a man in liis own eyes, would have ren-
dered obedience comparatively easy.

Lcclcrc commenced the execution of the unjust plan
of making a distribution of lands to officers of the army.
He was obliged to renounce it almost immediately, in-
asmuch as he liad only a short and precarious posses-
sion of the difterent parts of the colony- He had re-
course to other expedients; but, instead of making
concessions with sincerity, deceptive promises were
profusely given. Sometimes there was a show of mo-
deration, at others of severity, but never cither frank-
ness or firmness.

The first consul liad been advised, that, if Rigaud
returned to St. Domingo, his presence would occasion
an open schism between the blacks and mulattoes,
which, according to the vulgar maxim, would advance
the authority of the French government. He was,
therefore, sent to serve under the general-in-chief; but,
when he left France, the change that had occurred in
the views of Leclerc and his counsellors towards the
mulattoes was not known. The French general liad
lit first apparently shown a disposition to employ the
aid of this cast, but the mulattoes soon became objects
of suspicion and jealousy to his habitual associates. Ri-
gaud, who was welcomed on his return by all the peo-
ple of his colour with transports of joy, inspired the
white population with great dread. Touissaint was also

194

THK HISTORY

alarmed by the presence of Ins old enemy, and Rigaiul
was re-embarked for France, by order of General Lq'
clerc. The other niulattocs soon perceived, that, al-
ter they liad been employed against the blacks, they
would be sacrificed in their turn. Wearied by frequent
accusations, and by the constant watch that was kept
over their conduct, they became so many secret ene-
mies. Touissaint-Louverture maintained a defensive
position, which differed little from actual hostilitici:.
He seemed for a moment disposed to submit to retire-
ment, but he soon found that a person, once all-pow-
erful in arms, and supreme chief of the gov jrnment.
cannot safely return to obscurity. The parties sought
him, and he again engaged in intrigues, which were
not long kept secret, Leclerc, after some hesitation.
conceived that he ought to open a secret negotiation
with him, for the war and climate had already destroyed
eight thousand Europeans.

Great caution was at first employed in treating with
Touissaint. Trusting to friendly expressions, which
were communicated to him through his children, he
by degrees approached the general-in-chief.

Still treating as an equal with the French generals.
he consented to lay down his arms on the following
conditions: "The sovereign dominion of the island to
be restored to France ; the soil, buildings, and other
immovable property, to the old proprietors; liberty to
the slaves, who are to labour for wages." T'hese pro-
positions, the sincerity of which appeared doubtful.
were rejected with disdain; and. after having sent bac!;

ick

OP LOUISIANA.

to France the chief of the mulattoes, the design was
entertained of depriving the blacks of a still more for-
midable leader.

' Violence and stratagems, which it has been in vain
attempted to justify, placed Touissaint in the power of
Leclerc. This general made him embark for France.
The blacks foresaw but too well the fate that was re-
served for their idol, who was thus removed from their
aft'ections and their cause. But the whites began to re-
gain their courage. They might have believed, during
a few months, that the colony was restored to its obe-
dience to the French republic. Commerce was car-
ried on with confidence ; many of the proprietors re-
turned to their plantations. The blacks seeing them-
selves without any guide appeared confounded; but
this manifest violation of plighted faith had spread
among them a secret indignation and the desire of
vengeance. The confidence of the mulattoes had
been destroyed by sending away Rigaud; the resent-
ment of the blacks was excited when Touissaint was
stolen from their affection. These feelmgs were soon
openly manifested, and the rising was general, be-
cause it was the work of reflection: the perfidious then
experienced the effects of their own treachery, as all
their proclamations passed for gross falsehoods, and
not a black remained faithful to the French.

The fleet and army at their departure from Europe
had been furnished with abundant supplies for six
months: those who had advised the expedition had not
tfiiled, in order to remove all objections, to say that it

li)(i

f\n: iiisioiu'

was suflici'^iit to provide the first supplies, that so ricli
a colony offered immense resources, and that the war
would support itself. But great difficulty was soon ex-
perienced in combining vast operations in a country
destitute of most things necessary for a European
army. The commanding general had supposed that,
as he was the near connexion of tlie first consul, he
might, on his arrival at the place of destination, ren-
der all interests subordinate to the success of his ex-
pedition. In such circumstances, a general, removed
for some thousand leagues from any authority superior
to his own, pushes to extreme consequences the princi-^
pie, *' I must support my army." What had happened
forty years before in Canada and India was here repeat-
ed; the colony was made acquainted with requisitions
against which all France had risen in arms, forced loans,
and every thing that could irritate it against its pretend-
ed liberators. The embarrassments were not diminished
by this abuse of authority, and in the distress which
the army experienced, the chiefs, while they took pos-
session of every thing that could be useful to them,
adopted the plan of making payments in bills of ex-
change drawn on the treasury of France. Destined
at first to satisfy real wants, they were soon used to re-
ward friends? and appease the discontented. Those
who had been plundered, under pretence of requisi-
tions, found afterwards the means of settling amicably
the price of .their effects and the rate of compensation
for their losses; and as the sums, thus stipulated to be
paid, occasioned no other trouble than that of manu-

OF LOUISIANA.

197

lacturing drafts, they were given witli such profusion,
that they were presented in a short time, at the French
treasury, to the amount of more than sixty milhons.
The French also sent to the United States to ask as-
sistance and credit, but all these resources were insuffi-
cient; for when a design miscarries, the disorder is un-
bounded.

Other chiefs rose up in the place of Touissaint-Lou-
verture. Dessalines, who assumed the command of
the black army, was very inferior to him in capacity.
He was, however, endowed with a vigorous and perse-
vering character. Naturally sanguinary, he had by ter-
ror and executions acquired a great authority over the
blacks. His army was every day increased by those
who abandoned the labour of the plantations. The
month of August, so fatal to Europeans, had arrived,
and the French army was constantly weakened by ir-
reparable losses. The crews of most of the merchant
vessels were reduced to a fourth of their complements.
Debauchery, strong drinks, and unhealthy food likewise
contributed to destroy the army; and an epidemic,
more murderous than the sword of the negroes, car-
ried its horrible ravages into the French camp.

The general-in-chief, attacked nine months after his
arrival with a mortal malady, began to reproach him-
self for the faults which his inexperience and interest-
ed counsels had led him to commit. He died on the
2(1 of November, 1802, as much in consequence of
chagrin as of the unhealthfulness of the climate.

i& \

,"^«' ■..

. • '^' t

M^-^.

198

I UK HFSTORV

Rocharnbeau assumed the command after Leclcrc'.-
death. Considerable re-ciiforcements were sent, and
he at first obtained some advantages. But after a year
of alternate successes and reverses, he was obliged to
shut himself up at the Cape with the wreck of his
army. Besieged by the negroes on the land side.
blocked in on that of the sea by an English squadron.
he had recourse to some desperate measures to pro-
long liis resistance. He imposed contributions on the
inhabitants, which could only be levied by violent acts.
A merchant, who had probably exhausted all his means,
declared that he could not pay the sum at which he
was assessed. The general caused him to be shot.
whUe even the blacks viewed the execution with hor-
ror. He capitulated on the 18th of November, 1803,
with Dessahnes for the evacuation of the town, and.
on the 29th, with the English for the surrender of the
ships of war and merchant vessels. Six or seven thou-
sand whites, who were received on board the English
fleet, considered themselves fortunate in having thus
got away from the fury of the rebels.

These voluntary exiles fled to Louisiana, the United
States, Cuba and Jamaica. Some of them, who were
in an entirely destitute state, awaited in those cour-
trics better circumstances, which never arrived. Others
had opportunely sent a few slaves before themj they
carried with them their activity and experience, and
the countries of their adoption were enriched by the
dispersion of these planters, and the ruin of the richest

OF LOUISIANA.

10<J

agricultural and commercial settlement that the world
has ever seen.

Dessalines had caused himself to be named gcncral-
in-chief of the army. Many white inhabitants, impru-
dently confiding in his solemn promises,* had remained
in the colony. On tlie 1st of January, JUOl, about a
month after the evacuation and departure of the
French, he made a declaration of independence. He
continued to hold a language calculated to encourage
the white proprietors. But soon using as a pretext the
information, either real or fictitious, that the whites
were preparing to rise up against him, his fears, and
still more his natural ferocity, carried him to horrible
excesses. He repeated that, if ever the French should
be re-established in their plantations, they would be
forced, for their own preservation, to strengthen the
irons of slavery; that there was no middle state for
the blacks between liberty and the most horrible ser-
vitude, and th''.c the safety of the colony depended on
the entire extermination of the whites. From all sides
dreadful words were re-echoed, announcing a general
mpssacre. " Let us avenge ourselves of these tigcn's
who thirst after our blood. The Almighty commands
us to shed theirs, if a single individual among us
feels the least pity, let him fly, he is unworthy of
breathing the pure air of august and triumphant li-
berty."

He went through the colony from north to south,
marking his passage by the massacre of all the whites

' Dessalines* Pioclainatioji ol the ioth of November. IbO.r

'0m*

•"IS

200

THt HISTORY

that could be discovered. They .vcre collected bv
hundreds, and when they were thus cisscmbled he took
pleasure in scoing them shot or cut down by the
sword. These executions commenced at Cayes, in
February, 1804, and were continued from town to town
till they reached the Cape, where Dessalines redoubled
his cruel excesses. The massacre lasted there from
the end of April to the 14th of May* Neither age not
sex was spared; and violations of the person often pre-
ceded the murder. The whole number of victims was
two thousand four hundred and twenty.

k have brought together in a few words the princi-
pal circumstances of the disasters of .^^t. Domingo,
The loss and ruin of this magnificent possession have
caused to the commercial affairs of France injuric?.
which active internal industry alone can repair. But
another direction must be given to trade, and this
will be effected by a transfer of business, which the
new condition of the former Spanish possessions in
America renders easy. Without considering these re-
verses irreparable, except with reference to the gene-
ral plan which the first consul had formed, it is suffi-
cient to say that Louisiana had been destined to sup-
ply the other colony with provisions, cattle, and wood:
and as St. Domingo was lost to France, the impor-
tance of Louisiana was also diminished : but these dis-
asters were not yet known to Bonaparte. He expect-
ed to make use of the one colony to preserve the other,
and he was particularly fond of occupying himself with
his new acquisition.

OP LOUISIANA.

201

It was agreeable to him to suppose that, notwith-
standing their long separation, the Louisianians had
preserved their aftection for their mother country, and
that they would be happy to resume their French cha-
racter. Recollecting the regrets manilested at the time
of the cession to Spain, thirty-five years before, he per-
suaded himself that the re-establishment of the French
authority would be a matter of general rejoicing. He
had been led into this error by reading letters written
from New Orleans bv some of the St. Domingo colo-
nists who had escaped there. The cession revived all
their hopes ; for the two colonies being in the neigh-
bourhood of one another, the one which was tranquil
might facilitate the subjection of the blacks in the other,
afford succour, and above all furnish subsistence to the
army sent to conquer it, and at that time hopes of suc-
cess were not abandoned.

But if these colonists, stripped of their wealth, had
an interest in drawing the inhabitants of Louisiana
into their cause, tlie Louisianians had contrary inte-
rests. They had reason to fear for themselves the ca-
lamities which had been, for many years, ruining the
other colonies of France. St. Domingo was the most
agitated and unfortunate of all. The colonists repeat-
ed with horror, at New Orleans, these words which
the first consul had caused to be proclaimed, in his
name, in the revolted colony, and which were there
addressed to all classes. " [nhabitants of St. Domin-
go, whatever may be your colour or your origin, you
are all free, all equal in the eyes of God and the re-

#»!»•

SiAJi'

^«

t^>^h

'%.

202

TMi: HISTORY

public." General Lcclcrc, on liis arrival in the colo-
ny, had said; "I |)roniisc liberty to all the inhabi-
tants/'

It is true that, a lew months afterwards, these pro-
mises had been retracted by a law oi" an entirely con-
trary nature, which re-established slavery, and autho-
rized the slave trade as it existed before 1789.

Nothing is more calculated to destroy confidenct
than these changes in the will of rulers, and the hold-
ing out of expectations which arc given or withdrawn
according to the circumstances and interests of the
moment. The intercourse is prompt and easy between
Cape Frangais and New Orleans, and few weeks passed
without information being received in the latter place
of some new disaster that had occurred iu St. l)o-

mmgo.

Tho whites themselves till the land in some parts ol
Louisiana, but the great plantations, and especially liic
sugar estates are cultivated by black slaves. Even the
drivers arc chosen from among this class, and the
slavery of the blacks is deemed a necessary condition
of the riches of the whites. vSome of the refugee co-
lonists had brought a part of their negroes to Louisia-
na, and were therefore secretly far from desiring ano-
ther removal or participating in the views of those who
had lost every thing. They easily made the Louisia-
nians acquainted with the danger that they would in-
cur, in case the French republic, as the supreme legis-
lative power, should one day proclaim manumission aiul
freedom in their colonv.

OF LOUISIANA.

2o;i

Tiicy i'oretolcl, what was subspquently verified in St.
Domingo, an appropriation of the land in large and small
portions to all the blacks who had borne arms, from the
generals down to the private soldiers, and to all the civil
agents; the men to whom liberty was new avenging them-
selves with fury of their former abject state; the rights
of property disregarded; the negro, the usurper and
master of the soil which he had fertilized by the sweat
of his brow, but living on little, placing the supreme
good in repose, and having no regard for the enjoy-
ments of luxury or the profits of a laborious commerce.
It was then said, that "the free Africans in America
would do still less labour than the slave in Africa."
From all these disasters the Louisianians expected to
be preserved if the sovereignty of the catholic king
was not transferred to the French republic.

We must add to these just causes of uneasiness, the
revolution which had been operating on the mind for
thirty years, and which had penetrated even to the least
enlightened classes. It was no longer thought that
princes had the right, except in consequence of a dis-
astrous war, to dispose of their provinces according to
their own will, to mortgage or hypothecate them, to
exchange them or transfer the sovereignty to others
without the consent of the people; and maxims, which
had been long received as part of the public law, had
thus lost their authority.

Scruples of this kind did not even occur to the first
consul, impatient to establish the French government
'n Louisiana.

WA:^

/l')jn!

*>r|(|. ,

201

nil: iiia'ioKY

He at iii'ftt selected lor the cliiet' comniand in th<;
colony 11 distinguislicd personage, — General Bcrna-
dotte,^ — of whose ambition and activity he entertained
fears. This important employment would have re-
moved him from Europe in an honourable manner, and
tlie first consul expected marksof satisfaction from the
general. 15crnadottc» whose character for firmness and
boldness without rashness is well known, thought that
he ought, before accepting this mission, to prepare the
means of securing his success. He made it a condi-
tion of his departure, that he should carry with him, be-
sides three thousand soldiers, an equal number of cul-
tivators of the soil, and that he should, moreover, be
provided with every thing that was necessary in a re-
mote place, where he might be prevented, loi an inde-
finite period, from communicating with France. Bo-
naparte reriicd to these proposals; "1 would not do as
much for one of my brothers:" and he named General
Victor governor, and appointed at the same time the
prefect and chief judge.

Always uneasy, however, at the presence of Berna-
dotte, he determined, at the beginning of 1803, to send
him to the United States in the character of minister
plenipotentiary of France. This was a kind of exile,
and, to diminish ♦s bitterness, he was given to under-
stand, that it was in contemplation to cede to those
states a part of Louisiana, and that he would be em-
ployed in the negotiation. Personal advantages were

Thft prpsent kins; of Sweden. — Tuansi,.

OF LOU Ih I ANA.

20.)

iield out to him as the price of tiie success that he
might obtain.

Bcrnadotte accepted the mission. He repaired to
Rochelle, and the frigate in whicli he was to embark
was about putting to sea, when he learned that a rup-
ture between France njd England was on the eve of
breaking out. He immediately returned to Paris with-
out waiting fo- leave, and firmly declared that he would
not engage in any civil employment so long as the war
lasted. He did not even see the first consul, who had
evinced a great deal of dissatisfaction at a return,
which he had not authorized. Some time elapsed bc-
Ibre common friends could reconcile them.

General Victor, the captain general, Laussat, the
prefect, and Ayme, the chief judge, had been appoint-
ed. A consular decree of the 11th of September,
1802, had regulated their fimctions. Victor was pre-
paring to set sail from Helvoetsluys with the garrison
intended for New Orleans, and the other troops that
were to be sent to the colony. He had so little idea
of a change of destination, that he was purchasing and
putting on board of the vessel in which he was to em-
bark the presents that he intended for the Indians.
Hostilities between England and France commenced
about this time, and the general's departure did not
take place.

M. Laussat had received his instructions, and the
order for his departure on the very day that the dissa-
tisfaction that was manifested in the English parlia-

31t#»li»,=,

,yf.

•200

PFIK IIISTOUY

iiicnt was known ut Purin. lie set sail on the 12tli oi
January, 1803.

He was cordially welcomed at New Orleans by the
Spanish government, and immediately announced by
a proclamatioi', the expected arrival of his two col-
leagues; but Ciciieral Victor was alone authorized to
receive the colon} from the hands of the Spanish offi-
cers. This formality necessarily preceded all others,
and as he did not come, the colonial prefect was with-
out duties or authority. He, however, published several
laws of the republic that were calculated to give confi-
dence to the colonists and particularly the one of the
20th of May, 1802, for the maintenance of slavery and
the slave trade, as they existed before 1789. A few
public ofHcers who accompanied him, were likewise
without any active duties, and a sum of one hundred
and eleven thousand Spanish dollars, delivered to him
on his departure, remained unemployed.

The events, of which he was informed on landing,
were not calculated to make him augur great success
from his mission. A ship that arrived from Cape Fran-
cais, almost at the same time with him, brought the
news of the reverses and disasters of every kind which
had succeeded the death of the general-in-chief. A se-
rious difference had also just arisen between the United
States and the government of Louisiana, the particu-
lars of which will be hereafter mentioned.

M. Laussat not having as yet any character that au-
thorized him to take part in the administration, the

OF LOUISIAXA.

207

powers of tlic jTOvcrnmciit remained in the hands of
Don Manuel dc Salcedo, and of the Mar(|uis of Casa
Calvo. In a |)roL'aniation, in vvliich they took the title
of commissioners of the kin^ for tlie cession of tlic
province to the French republic, they announced the
change of sovereignty and gav»; the inhabitants assu-
rances respecting the preservation of their riglits and
of their property in tlic lands that had been granted
to them, and farther promised, that the titles to grants
that had been confirmed, and even to those that were
not confirmed, should be respected.

These officers of the former government, in concert
with the one who had just arrived, applied themselves
in gouu faith to inspire the inhabitants with sentiments
favourable to their new masters. J5ut those, who were
in any condition to foresee the future, did not think that
the situation of the population would be meliorated by
the cession, or that France could derive any real ad-
vantages from it. Even the merchants, eager as they
always are to welcome flattering expectations, did not
promise themselves any benefit from this change.

There was, therefore, no open indication of those
marks of satisfaction, which the return of the French
would, at other times, have produced. An eye-witness,
speaking of the sentiments which were manifested on
occasion of the arrival and reception of M. Laussat,
expressed himself in these terms: —

*' Every one will be astonished to learn, that a people
of French descent have received without emotion and

.WUJWh,i

''^:u.

-t«<i|S«l»»»(

I HI

■i-?*

h^\*

ff It \

'71

•iOB

THE HISTORY

without any apparent interest a French magistrate, who
comes to us, accompanied by his young and beautiful
family, and preceded by the public esteem. Nothing
has been able to diminish the alarms which his mis.
sion causes. His proclamations have been heard by
some with sadness, and by the greater part of the in-
habitants with the same indifference as the beat of the
drum is listened to, when it announces the escape of a
slave or a sale at auction."*

How much gratitude, on the other hand, would have
been shown to the first consul, if instead of prohibit-
ory laws, his envoy had proclaimed freedom of trado,
and declared that France renounced for ever the sys-
tem which has been pursued for the settlement of co-
lonies in modern times. It would have been a mea-
sure of enlightened policy to have solemnly admitted
that their prosperity continually advances with a free
system, and that their relations with the parent states
become useful in proportion as their commerce is ex-
tended without restraint. For exclusive privileges and
monopoly, the best quality of merchandise, and the
most moderate profits should have been substituted; in
a word, according to the example of the ancients, the
colony ought only to have been retained by the tics
which favours create, by the recollection of a common
origin and the affection which lasts a long while, when
the parent state and her offspring have the same
habits and language, and interests that arc easily re-
conciled.

* Appendix, No, ;*.

It •'»„.

OK LOUISIANA.

209

If sucli a plan could have been adopted, instead of
the practices thr.t have prevailed for two centuries, it
would have silenced England, calmed the disquiet of
tlie western states of the American Union, and France
would have found inestimable advantages in the re-
turn to the ancient principles on which colonies were
founded.

At the same time Louisiana would have ethcaciously
contributed to the prosperity of the insular colonies;
and if those fine settlements could have been pre-
served, this province, united to the Floridas, would
have built up the navy of France and revived its navi-
gation. But the principles of free trade were very far
from being followed in i elation to Louisiana. The
Spanish intendant had, a short time before, re-esta-
blished there the prohibitory system in all its rigour,
and his conduct had caused great excitement in the
very bosom of congress.

Twenty-five years had scarcely elapsed since the
United States had assumed a place amoirg nations,
and their population was already increasing with asto-
nishing rapidity, especially in the territories situated to
the west of the Alleghany mountains. The federal go-
vernment had not interfered, except, to give to those
new communities a direction conformable to the spirit
of the general association, and in a little time the super-
intending care of a wise government had contributed
more to all kinds of improvement than the European
states had effected in the colonies subject to them
(.luring three centuries. The best lands were every

#«jit

i^l'

«"*-M»,ii,

i<ii-

"1 "■'■ "

.' k

2 JO

4IIR HISTORY

where ofi'ercd to the choice of scitlers, and the indi
genous inhabitants yielded them up without much re-
sistance. They only lived by the chase, and as tin:
game quitted the places that were inhabited, and
stripped of their forests by the new clearings, they
were obliged, with the deer, to fall back on more re-
mote wildernesses.

Whilst in Europe the occupation of a single village
may give rise to a war, the Americans laid, without.
any apprehensions, in tiieir recently explored territories.
the foundation of ten new states, any one of which
is equal in extent to a quarter of France. Nothing
arrests these peaceable conquests. If the natives
require an acknowledgment of their rights, if they
even make a serious resistance, a few bales of goods.
some presents of little consequence, or a moderate
annuity most frequently suffice to quiet them. Far
from there being any difficulty in finding, in the United
States, lands suitable to the enlargement of the ter-
ritory, its .very extent already alarms the inhabitiinls
of the old states, who are interested in checking the
emigrations which take place to the new ones. Il
is in fact very certain that the increase of the territo-
ries of the confederacy is one cause of the weakness
of the older portions. The augmentation of their
population, however great it may be, does not com-
pensate for the continual emigrations. This draining
will not abate till the banks of the rivers which How
from the west of the mountains to the Mississippi arc
occupied and cultivated. It is there, that by an indc-

OF LOUISIANA. 211

tatigabic activity, the face of the soil is constantly
changed. Even the ciniirrants who have commenced
settlements soon find themselves straitened for room in
a country, which was a few years before a wilderness.
The heads of families prefer to all other enjoyments,
that of givmg to every child fertile lands with a virgin
soil. Many sell J.e farms which they themselves have
cleared, in order to settle at a greater distance. There
is a continual flowing in one direction without any re-
turn. The lands, the most remote Irom the country
already settled, are the cheapest. Some of excellent
quality are to be had for less than two dollars an acre;
md the farther the colonists advance in the interior,
the more can they enlarge the inheritance of their pos-
terity. But a condition indispensable to the success
of all these emigrations was, that the rich and abund-
ant crops of the west should have access through the
mouths of the Mississippi to all the markets of the
world. The Americans had already, for more than
twenty years, asserted, as an incontestable right, the
free navigation of that river to the sea; and neither
Spain, nor subsequently France, had been inclined to
this concession, so contrary to the exclusive system.
At that time sufficiently powerful to refuse and ellectu-
ally sustain their refusal, they did not suppose that the
moment could ever arrive when their new neighbours
would be in a condition to give them the law. For this,
however, every thing was preparing, without the go-
vernors that were sent from Europe paying the least at-
t'^r.tion to the progress of the Americans, and the change

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was already eflectecl when they remarked its conse-
quences.

At the close of the year 1802, congress was in-
formed of the cession which Spain had made to
France of Louisiana; and, almost at the same time,
it learned that this last power was preparing to take
possession. The news of this change of sovereignty
excited lively alarms in all the western settlements. It
was feared, and congress partook of the apprehension,
that the neighbourhood of the French would not be so
pacific as that of the Spaniards.

The Spaniards, nevertheless, considered themselves
masters of the province, so long as the formalities ol
the cession to France were not fulfilled. The severe
regulations, which in the other Spanish colonies main-
tained the monopoly of the mother country and pro-
tected its exclusive commerce, had not been observed
in Louisiana. This wise relaxation suddenly ceased.
Those absurd systems, which by means of prohibitions
more or less rigorous, keep the finances and commerce
of two neighbouring states in a situation resembling
war, and which sometimes bring about real hostilities.
were all at once put in full force in this colony. Don
Juan Ventura Morales, the intendant, said, with igno-
rant confidence, that " colonies were only useful under
the prohibitory system, and that if produce, received
in iramiiu, was not subjected to import and export du-
ties, the indulgence would have all the bad effects of
authorized smuggling."

A treaty, concluded on the 27th of October. 170rj.

OF LOUISIANA.

21 :i

with Spain, had granted to tlic United States "the
right to deposite their merchandise and effects at New
Orleans for the space of three years, and at the end of
that time tlic privilege was either to be continued or
an equivalent establishment assigned on another part
of the banks of the Mississippi."

The intendant, after the expiration of this term of
three years, had not interrupted the operation of the
grant, and it had been prolonged by a kind of tacit
agreemeat. But, in 1802, he suddenly imagined that
an indulgence introduced during the war should cease
with the peace.

M. Morales, contrary to the opinion even of the Spa-
nish governor, who looked upon every suspension of
the entrepot, without an equivalent, as an infraction of
the treaty, put an end to the enjoyment of a privilege
which he was afraid to see perpetuated by a sort of
proscription. He declared, by a proclamation of the
16th of October, that the right of deposite no longer
existed.

This measure spread great consternation among the
American planters in the western territories. Congress
was beset from all quarters with complaints and state-
ments of grievances. The excitement redoubled as
soon as the petitioners heard the news of the cession
to France, and, according to the generally received
opinion, the suspension had only taken place in conse-
quence of the demand of that power.* Louisiana, by the

>^Z

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* Memoir of Mr. Monroe, page 7-

•211

fUE HISTORY

terms of the treaty, " was to be delivered up in its pre-
sent state."* This present state was, tliey said, the
exclusion of the Americans from the port of New Or-
leans. They drew from this circumstance the infe-
rence that the in^endant had not acted without orders;
that the return to the prohibitory system had been con-
certed between the two powers, and that it was in or-
der to ensure its execution that France was sending
an army.

A census of the new states, east of the Mississippi,
made their population amount to nearly 800,000 souls.
The old states sent there by land the merchandise ne-
cessary for these new colonies. The numerous fine
rivers which flow from the north-east, empty into the
Mississippi to the west; and this river, with the gulf of
Mexico, served to export the productions of the new
settlements, and especially their abundant harvests of
every description of grain. The trade, which was car-
ried on from the continent through the gulf, was the
only means that the planters of the new western states
had to pay for what they received from the other states
of the American Union. JNo rivers of Europe are more
frequented than the Mississi])pi and its tributaries. To
impose obstacles on this navigation was to stifle these
new communities, and to condemn vast regions to the
barrenness, which, after so many centuries, had just
been replaced by an admirable fertility. The prohi-
bition aflfected this prosperity, and the agricultural

* The .Occieu of the king of Spain of the 30th of July, IbO.?.

OP I-OlJISfANA.

21a

productions suddenly lost half their value as well at
New Orleans as at Natchez, the place from whence
they were forwarded. Already the cry of alarm was
heard, not only in the states of Ohio, Tennessee, and
Kentucky, and in the territories of Indiana and Mis-
sissippi, but even in all the old states, whose limits
extend beyond the western mountains, and it was re-
peated by the numerous emigrants who flocked from
all quarters to share in the magnificent inheritance so
long neglected by the savage tribes. The new set-
tlers compared the feeble and unarmed population
of Louisiana with their own numbers. Proud of the
superiority of their strength, they found in it the
basis of an incontestable right. They longed for
a rupture, when they might occupy New Orleans.
"The Mississippi is ours," they said, "by the law of
nature; it belongs to us by our numbers, and by the
labour which we have bestowed on those spots which,
before our arrival, were desert and barren. Our innu-
merable rivers swell it, and flow with it into the gulf
sea. Its mouth is the only issue which nature has
given to our waters, and we wish to use it for our ves-
sels. No power in the world shall deprive us of this
right. We do not prevent the Spanish and French
from ascending the river to our towns and villages.
vVe wish in our turn to descend it without any inter-
ruption to its mouth, to ascend it again and exercise
our privilege of trading on it and navigating it at our
pleasure. If our most entire liberty in this mat-
ter is disputed, nothing shall prevent our taking pos-

^s';^:*

21()

THK HISTORY

session of the capital ; and when we are once master"
of it, \vc sliall know how to maintain ourselves there.
If" congress refuses us effectual protection, if it for-
sakcs us, we will adopt the measuies which our safety
requires, even if tiiey endanfjer the pejjcc of the Union
and our connexion with tiic other states. No protec-
tion, no allegiance!"

These maxims are not, in all respects, those of the
publicists; but such proceedings, and the roughness of
the language were to be expected from men, still sur-
rounded by the vestiges of a primitive state, where
every individual thinks that he has a right to whatever
he considers necessary for his preservation and well-
being.

Tiie country of the Natchez had passed under the
dominion of the United States. Mr. Daniel Clarke, a
rich proprietor, and a man of activity and cleverness,
who liad his plantation there, had neglected no means
of exciting discontent. At the first news of the retroces-
sion to the French, he had gone in haste to Paris, and
had sought by different means to produce a misunder-
standing between the French general, for whom the
command was intended, and the colonial prefect. On
his return to Louisiana he found the disposition of the
public favourable to his designs.

In the uncertainty which then existed as to the part
that would be adopted, either by France or Spain, re-
specting the right of deposite at New Orleans, the Ame-
ricans of the west favourably received Mr. Clarke's
proposal to establishing at Natchez the entrepot that

OK l-OI ISIAN A.

217

liad been refused tliein by the Spaniards. Tliis port is
situated on the eastern bank of the Mississi|)pi, in tlic
territory of the United States, forty leagues above New
Orleans, and the climate was said to be more agreea-
ble than at the latter place. iMuch stress was laid on
the advantages of a situation that was more protected
from the insults and attacks of a maritime power. 15ut
the two towns being equally exposed to the epidemical
diseases, with which these countries arc afflicted as
soon as the lands begin to be cleared, the project
failed.

There was much excitement likewise in congress, of
which the parties endeavoured to take advantage. Mr.
Jefferson was president, and in order to maintain the
flourishing condition of the confederacy, this magis-
trate made every exertion to prevent, by all possible
means, the disturbances that might result from these
occurrences. They, nevertheless, appeared to him
so grave, that though he allayed the fears of the go-
vernments of Kentucky, and the other western states
and territories, as to the consequence of the measures
adopted by the Spanish intendant, he brought the sub-
ject to the knowledge of the house of representatives,
by a message of the 2d of December, 1802, in which
he added, " that he was aware of the obligation to
maintain in all cases the rights of the nation, and to
employ for that purpose those just and honourable
means which belong to the character of the United
States."

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To tins message and another one tliai was lians-
initted to tliem shortly afterwards, the house of rcprc
sentatives replied, that " relying, with perfect conti.
dcncc, on the vigilance and wisdom of the executive,
they will wait the issue of such measures as that de-
partment of the government shall have pursued for as-
serting the rights of the United States — holding it to
be their duty, at the same time, to express their unal-
terable determination to maintain the boundaries and
the rights of navigation and commerce through the
river Mississippi, as established by existing treaties.*'

It was at first not known whether France would not
attempt to asssign new frontiers to her province and re
vive old titles, in opposition to treaties and the inte-
rests of the United States. Every thing appears sus-
picious to a people, when they have once conceived
distrust. They recollected the expeditions of the
French governors to the frontiers of Canada. The
armaments, which the first consul was preparing at
Flushing, were, they said, intended to usurp the terri-
tories of the Union, and re-establish the ancient lhnitr<
of Louisiana.

The proclamation of the Spanish intendant, exe-
cuted with rigour, only served to make more apparent
truths, which were not even suspected by him, namely,
that exclusive privileges are useless barriers against
local and natural necessities, and that no opposition
could move the Americans on these two principal
points — the free navigation of the Mississippi, and th''

:m 1

OF LOIJSI.WA.

)il\)

against

privilege of exporting tlicir productions j.nd importing
their nicrcliandisc tiirongli that great riv'cr.

The prohibition soon became very i i)iirious oven to
the inhabitants of New Orleans. V'lour and other sup-
plies were no longer brought there. The fear of famine
obliged the intendant to permit their importation and
exportation, at first, indeed, on conditions almost as
onerous as the prohibition itself, though he was after-
wards obliged to connive at the total disregard of liis

CD CD

own regulations.*

But this indulgence might be precarious, and the
Vincricans wished to exercise rights that were free
Irom all dispute. In vain had a letter been published
from Mr. Livingston, the minister in Paris, containing
assurances that the treaties with the United States
would be strictly executed. These explanations Jiad
not been sufficient to tranquillize the public mind, and
delays were no longer in season.

It is necessary to take advantage of the favourable
months, in order to navigate the iVlississippi. At other
periods of the year, stationary or fioating masses of
ice are not less to be dreaded tha.'i the rocks or sand
banks that are hid under the water. Trees of a
prodigious size, which the river carries along with it
when the thaw is accompanied by inundations, often
obstruct its channel. It is again made navigable
by labour, and the obstructions cease on the return
of spring. The month of May Avas approaching, and

* Proclamati(tn ul" the .Uh of Febriiarv. 18U >.

flfliStlBn

■J2U

JIIK HISTOKV

ut that period tin; MiKsiHsii)pi and the minor rivers.
svvoIIlmi by the incltin<r of tlio wnow, arc every year
covered with boats, men, and agricultural [)roduc-
tions. Rut tlic usual course of trade was interrupt-
ed, and the inluibitants considered themselves devoted
to certain ruin, unless it was averted by vigorous
arrangements. The excitement was so great that
some ofiieers of the American army proposed plans
both for oftcnsive and defensive operations. They
were urged on by a party, which had been as ardent
for war as its opponents were zealous for the mainte-
nance of peace.*

The treaty, by which the independence of the thir-
teen colonies was acknowledged by England, had been
on the part of that government an act of great wis-
dom. There were, however, in the two countries,
some persons so badly informed respecting public opi-
nion, that they believed it ])ossible to bring back those
provinces, not indeed under the sceptre of the king ol
England, but under an influence which would procure
for the mother country all the political advantages of so-
vereignty. Their intrigues had encouraged the forming
of the party, denominated federal, whose conduct and
proceedings were for a long time directed by the prin-
ciple of attachment to England, and enmity to France.

The principal leaders had influence only in four or
five states of the north, and it was supposed that their
secret object was to separate them from the Union

' Mr. Monroe's Memoir, paj^c 7

OF LOinSIANA.

221

• The interests of the northern states cannot," they
said, " be reconciled witli those of tlie southern and
western states." And, in liict, thn climate, productions,
navigation, and tlie existence of slavery had introduced
very different habits in the various sections of the
United States. Hut there is no country of so great an
extent where such differences are not found, and they
do not prevent all the parts of the confederacy from
being united by a common bond. Many federalists
had really the public good for their object, and the pu-
rity of their intentions cannot be doubted, when wo
know that Washington had given them his support.
But it was also suspected, and with too nmch founda-
tion, that some ambitious men had been introduced
among them, who, under the guise of zeal for liberty,
only aspired to power. A treaty had been signed at
London by Mr. Jay, the American plenipotentiary,
which contained clauses favourable to England, preju-
dicial to the United States, and was not ratified with-
out difficulty.

The governor of Canada secretly excited the fede-
ralists, and it must be admitted that England might
have effectually profited by a separation, which, by
placing five states under her protection, would have
created two factions in the bosom of her rival, and
rendered the cabinet of London the arbiter of their
difl'erences.

The party known under the name of republican,
was more independent of all European intrigues, and,
tliough it was not devoted either to England or France.

'f ;|

222

THE HISTORV

it saw less danger in prcferrin<? the friendship of" this
latter power, in which it found a surer guarantee of the
commercial and maritime independence of the confe-
deracy.

The practices of the ambitious could not be long
concealed, and they lost all their influence as soon as
their true designs were known. It was even in the
northern states that they experienced the strongest op-
position, and at the moment that we are writing a
great change is accomplished. Animosities and feel>
ings of hatred have been, by degrees, dissipated. Har-
mony is now the soul of this great confederacy. From
New Hampshire to Louisiana the prevailing principle
is, that a good understanding between the diirercni
parts of the Union ought to be maintained, even at the
price of some sacrifices, as the basis of the public
tranquillity, and of the prosperity of each individual
state.

Party names are almost always an artifice of those
who wish to have among the same people, in the same
nation, two hostile nations, and it is in this way that
enmities are perpetuated. The names of federalists
and republicans are now no longer in use. The title
of opposition is, however, still given to a party, whicli
is really composed of observers, who, far from being
opposed to the government, confine themselves to cau-
tioning it against falling into errors. During a period
of forty years congress has made a great and honoui-
iiblc experiment: it has constantly observed the funda-
mental laws, to which it owes its existence, and it liai^

OF LOUISIANA.

223

scarcely ever been found in direct opposition to the
opinion of the people. What had long been only a
matter of hope and theory has become a truth con-
firmed by fact; namely, that the confederacy has with-
in itself the principle of its own strength and perma-
nency, and that nations are the only sure guarantees of
their own repose and happiness.

•IjfiKti

^•^

r-si

CESSION

THE

HISTORY OF LOIJISIAXA,

PART II.

«*M

CESSION OF LOUISIANA DV FRANCE TO THE UNITED STATES.

CESSION

Whils

secretly ^
by the U
confeder
derstand
peared t<
posite C(
War beti
and the I
it should
necessity
On the 1
dressed (
vince of
course ol
a change
circumsti
United S
cur, of c

THE

HISTORY OF LOUISIANA.

PART THK SECOND.

CESSION OP LOUISIANA BY FRANCE TO THE UNITED STATES.

Whilst even in congress a very active faction was
secretly endeavouring to induce a declaration of war
by the United States against France, the rulers of the
confederacy sincerely desired to maintain a good un-
derstanding. On its side the consular government ap-
peared to wish to pursue towards this republic an op-
posite course of conduct from that of the directory.
War between France and England seemed inevitable,
and the American cabinet easily perceived that, in case
it should break out, the first consul would be under the
necessity of putting off the occupation of Louisiana.
On the 15th of December, 1802, Mr. Jefferson thus ad-
dressed congress : " The cession of the Spanish pro-
vince of Louisiana to France, which took place in the
course of the late war, will, if carried into eflect, make
a change in the aspect of our foreign relations." The
circumstance in question presented, in fact, to the
United States a chance, which might never again oc-
cur, of commencing negotiations for an amicable ces-

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sion of territories whicli it was extremely desirable
that they should possess. " Besides," said the Iricnds
of peace, " we arc not prepared for war. Ten yeurs
of peace are necessary to make us respectable and
powerful, we shall then be in a situation to face every
danger." It was determined that an envoy extraordi-
nary should be sent to Europe to treat with the first
consul, and if no satisfactory arrangement was to be
made with him, to enter into communications with the
courts of London and Madrid. The choice of Mr.
Jefferson fell on Mr. Monroe, ex-governor of Virginia.
a man zealous for the interests of his countrv, who en-
joyed great popularity in the western states, was very
influential in the republican party, and was already ad-
vantageously known in France, where he had resided.
as envoy, in the time of the directory. In 178G, Mr,
Monroe, then a member of congress, had written a
memoir to prove the right of the western country to
the navigation of the Mississippi. The president con-
fided to his friend the most important transaction of
his administration, and he regarded him as the nego-
tiator best calculated by his experience to ensure its
success.

Mr. Livingston, the minister of the United States at
Paris, had warmly pursued this affair for many months.
He had sent to the minister of foreign affairs a note in
which his arguments were supported by intimations that
were almost menacing. He did not confine himself to
demanding the cession of New Orleans; he also pro-
posed that France should cede the vast territories that

\ llsHl

Ol' LUlIftlANA.

229

S"--- .,• ■ V

are to the north of the river of tlie Arkansas and on tlic
right bank of the Mississippi.* But his overtures re-
mained unnoticed, the suspicions that lie had long en-
tertained, that new Orleans could only be obtained by
force of arms, became with him in some sort matters
of certainty, and his ofiicial and private correspond-
ence urged the adoption of extreme measures. We
have seen that Mr. Jefferson did not participate in
these hostile dispositions.!"

» Appendix, No. 8.

tThe course of President Jefierson at this crisis was very de-
cided. Notwithstanding tlie cliarge of j)artiality to France, usual-
ly imputed to him, it will be seen by the instructions from the
secretary of state to Messrs. Livingston and Monroe, dated April
18, 1803, and published in 182G, tliat war with the first consul
was regarded by the administration at Washington as probable.
In case the free navigation of the Mississippi or the right of de-
posite at New Orleans was denied to the United States, the Ame-
rican ministers were directed to consult with England, w ith the
view of making common cause with her against France. See Ap-
pendix, No. 18.

Mr. Jefferson also wrote to Mr. liivingston, as follows: —
"The day that France takes possession of New Orleans, fixes tlie
sentence which is to restrain her for ever within her low water
mark. It seals the union of two nations, who, in conjunction,
can maintain exclusive possession of the Ocean. From that mo-
ment we must marry ourselves to the British fleet and nation.
We must turn all our attention to a niaritinte foice, for which our
resources place us on very high ground, and, having formed and
connected together a power which may render re-enforcement of
l>er settlements here impossible to France, make the first cannon
«iiich shall be fired in Kurope the signal for tearing up any settle-
ment she may have made, and for holding the two continents of
America in sequestration for the common purposes of the united
British and American nations. This is not a state of things we
jeek or desire. It is one which this measure, if adopted by France,
torces on us as necessarily, as any other cause, by the laws of na-
ture, brings on its netessarv elVeit." — Trwsi..

•15

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230

THF HISTORV

The confidential letters, by wliich he inlbrincd Mi.
Monroe of his nomination, form a proper prekidc to
the negotiation, and arc calculated to make us ac-
quainted with the views and foresight of this states-
man. They deserve to be preserved.

<' JVashiiigton, Jan, 10, IS03.
•' GovKRNOR Monroe : —

" Dear Sir — I have but a moment to inform you.
that the fever into which the western mind is thrown
by the affair at New Orleans, stimulated by the mer-
cantile and generally the federal interest, threatens to
overbear our peace. In this sitr.ation, we arc obliged
to call on you for a temporary sacrifice of yourself, to
prevent this greatest of evils in the present prosperous
tide of our affairs. I shall to-morrow nominate you to
the senate, for an extraordinary mission to France, and
the circumstances arc such as to render it impossible
to decline: because the whole public hope will be rest-
ed on you. I wish you to be cither in Richmond or
Albemarle till you receive another letter from inc.
which will be within two davs hence, if the senate dc-
cide immediately: or later, according to the time they
take to decide. In the meantime, pray work night and
day, to arrange your affairs for a temporary absence—
perhaps for a long one. Accept affectionate saluta-
tions.

I^IOMAS JhFFF.RSON."

The senate sanctioned the nomination: and on the
13th of January the president wrote to his friend the
following letter: —

(JF LOUISIANA.

'2A I

'< fVashington,Jan. 13, 1803.
• Dear Sin —

" I dropped you a line on the 10th, infoiming you
of a nomination I had made of you to the senate, and
vesterday I enclosed you their approbation, not having
then time to write. The agitation of the public mind
on occasion of the late suspension of our right of de-
posite at New Orleans is extreme. This in the west-
ern country is natural, and grounded on operative mo-
tives. Remonstrances, memorials, kc. arc now circu-
lating through the whole of that country, and signing
by the body of the people. The measures which wo
have been pursuing, being invisible, do not satisfy their
minds; something sensible, therefore, has becoiie ne-
cessary, and indeed our object of purchasing New Or-
leans and the Floridas, is a measure likely to assume
so many shapes, that no instructions could be squared
to fit them. It was essential, then, to send a minister
extraordinary to be joined with the ordinary one, with
discretionary power, first however, well impressed with
all our views, and therefore qualified to meet and mo-
dify to these every form of proposition which could
come from the other party. This could be done only
in frequent and full oral communication. Having de-
termined on this there could not be two opinions as
to the person. You possessed the unlimited confidence
of the administration and of the western people, and
were you to refuse to go, no other man can be found
who does this. All eyes are now fixed on you; and
were you to decline, the chagrin would be great, and

*r.K,«i»nj

■■■■^^11^

THK lIIsTOin

would shake under your feet the high ground on winch
you stand with the pubhc. Indeed I know nothiiii:
wliich would produce such a shock: for on the event
of this mission depends the future destinies of tliis re-
public. If we cannot, by a purchase of the country,
ensure to r-rselves a course of perpetual peace and
friendship with all nations, then, as war cannot be far
distant, it behooves us immediately to be preparing for
tliat course, without, however, hastening it; and it may
be necessary, (on your failure on the continent,) to
cross the channel. We shall get entangled in Euro-
pean politics, and figuring more, be much less happy
and prosperous. This can only be prevented by a suc-
cessful issue to your present mission. I am sensible.
after the measures you have taken for getting into a
dilferent line of business, that it will be a great sacri-
fice on your part, and presents, from the season and
other circumstances, serious difiiculties. But some
men are born for the public. Nature, by fitting them
for the service of the human race on a broad scale.
has stamped them with the evidences of her destina-
tion and their duty."

It is apparent that New Orleans and the Florida^
were still the only objects of consideration. However,
it was natural to ask of the French republic, the new
sovereign of the country, at the moment that the pos-
session of Louisiana was passing from Spain to France,
redress for a grievance of which the intendant, Mora-
les, seemed the onlv author, but of which nothinii a"-

OF LOUISIANA.

233

nounced the definitive termination. Mr. Monroe was,
therefore, instructed to state that a solemn treaty with
Spain had not prevented a simple depositary of the
royal authority from ordering, at his own suijgcstion,
a suspension of commerce that was necessarily preju-
dicial to both parties; that it was dangerous and con-
trary to all rules of prudence that colonial officers, at
a distance of two thousand leagues from their sove-
reign, should have the power to jeopard, by arbitrary
and capricious measures, the peace and good under-
standing which their governments were desirous of
maintaining; that the surest way of preventing every
source of dispute would be the cession of the city of
New Orleans, situated on the eastern bank of the Mis-
sissippi, and that this measure would tend to benefit
Western Louisiana, now the property of France, as
well as more effectually secure its possession to that
power. The directory no longer existed, but it had
made the disorders of the French finances too well
known for a foreign state to expect to treat in any
other way than with ready money. Mr. Monroe was
authorized to offer the price of this cession, which had
been fixed by the American Gfovcrnment at two millions
of dollars.

Until then the Americans had only asked that the
course of the Mississippi should be divided by a line
that would put New Orleans within the territory of the
United States, which they declared to be the sole means
of securing to them the free navigation of the river.
Projects for the cession of the entire colony were at

m:-''

231

IIIK iil^lOlO

that time neither popular nor tlic subjoctsof much dis-
cussion. It was, indeed, natural to fear that if the so-
vereignty of tlie United States slionid he extended on
the right bank of the iMississippi, the unity of inte-
rests, so necessary to the strengtli of a community,
would not only be relaxed, but that it might be entire-
ly destroyed by the continual emigrations from east to
west. If the future consequences of the increase ot
this new population were regarded, it could not bo
hoped, without contradicting history and experience.
to embrace within the federal union regions so remote.
nor expected that congress, whatever might be its
place of meeting, could long govern the countries on
the right bank of the ississippi. It was, on the con-
trary, indisputable t Jiese acquisitions becoming
powerful, in their turn, would detach themselves from
the old states whenever their interest should require it.

These observations had reference to a remote futu-
rity. But a present object, which affected a great
number of the merchants and ship owners of the
United States, was to form part of the negotiation in-
trusted to Mr. Monroe. We refer to the injuries as-
cribed to the directory, the government that had im-
mediately preceded that of the first consul, the repa-
ration of which the envoy was i.istructed to demand.

It is necessary to go back a few years in order to
understand the object of this important part of the ne-
gotiation. The interests of commerce, colonial set-
tlements, and navigation have effected great changes
in the reciprocal relations of the nations of Europe

OF LOIIilA.N A.

The independence of tl»c United Slates has rendered
tlicm still more complicated. I5ut such clianges are not
often remarked by statesmen themselves, till they have
committed great faults by persevering in old errors.

The directory, led astray by I'alsc notions of the si-
tuation of the French colonies, had not remarked that
their existence depended upon the preservation of a
good understanding with the United States. Instead
of ro-establishing friendly relations with the American
Union, it had, after more than once putting it in jeo-
pardy, finally broken the alliance which had been the
precious fruit of the policy of the councils of Louis
XVI. Mutual <'iHcontent had not yet resulted in direct
hostilities; but even in peace captures were made by
privateers bearing the French flag, which became the
subject of great complaints on the part of the United
States. It was likewise, at this period, that the first
disasters of the French colonies led to the emigration
of many families, who from great opulence had fallen
into deep distress. Numbers of them took refuge in
the United States. Never was hospitality more nobly
exercised than under these circumstances; never were
more sincere and effectual consolations offered to mis-
fortunes by a grateful people. This generosity towards
refugees, the objects of the persecutions of the direc-
tory, was not regarded by its members as a motive for
reconciliation with the American republic. They had in-
herited the animosities of the convention, and the West
Indian possessions were the victims of them. These
colonies, prosperous in time of peace, are exposed to

t?«

11^

■■re I

236

THK HlbTOliy

all sorts of calamities as soon as war breaks out.
Their intercourse is interrupted; a parent state, weak
at sea, can neither supply them with provisions nor ex-
port their produce, and is most frequently incapable of
defending them. If they resort to neutrals, this relax-
ation of the prohibitory system habituates the colony
to privileges, which make them look on the return of
peace with indifference. The directory, in order to
maintain their prohibitory laws, had permitted the lo-
cal a ithorities to provide for the preservation of the
colonies by arming privateers, and these agents en-
couraged them to fall indiscriminately on all flags.
They carried their disregard of the rules of justice
and the laws of nations so far as to condemn, as law-
ful prizes, ships that had entered the ports with sub-
sistence and provisions intended for the inhabitants of
the islands that they governed. Victor Hugues, one
of these colonial rulers, openly professed and put in
practice the maxim, that — '' In time of want all kinds
of provisions are good prize." The American go-
vernment, before commencing hostilities with France,
wished to exhaust all pacific measures. It had sent
three ministers to the directory towards the end of
1797.* On their arrival at Paris they were circum-
vented by all sorts of intrigues. Their correspondence
is a monument of the base manner in which the French
government at that time managed their political affairs.
" The most disgraceful cupidity," they wrote to their

* Messrs. C. C. Pincknev, MarshHll, and (tpitv. — 'I'kansi..

bP LOUISIANA.

23/

constituents, '• was openly manifested at Paris." The
American commissioners were told that "their govern-
ment paid money to obtain peace witli the Algerines
and with the Indians; and that it was doing no more
to pay France for peace.''

This negotiation lasted for six or seven months: it
was broken off when it was found impossible to con-
tinue it on such erroneous principles.

Congress, without declaring war, had announced
through the president, (John Adams.) on the 28th of
V'ay, 1798, that, "whereas armed vessels, sailing un-
der authority or pretence of authority from the repub-
lic of France, have committed depredations on the
commerce of the United States in violation of the law
of nations and treaties; it should be lawful for Ameri-
can armed vessels to retake any ship so captured, as
well as to seize and bring into port such armed ves-
sels as had committed depredations on vessels belong-
ing to citizens of the LTnited States."

Ihe animosity was still increasing in 1799; when
congress, renouncing vain attempts at moderition, re-
solved that all intercourse with France should be sus-
pended; fhat the treaties had ceased to be obligatory;
and that the capture of French vessels was permitted.

From the beginning of the consular government a
wise policy had put a stop to all reprisals: a convention
liad been signed on the 30th of September, 1800;* but
ficcording to a stipulation, without which the reconci-

•■-'T» i

' The Aineiicaii plenipuloiUiaiie^j v.oic Messrs. EllswoiUi, l)u
^'ip. and Mturav. — Thansi..

238

THE HISTORV

I )-i ;■,

liation would have been impossible, indemnities were
to be paid for all prizes unlawfully made. Ministers
had been subsequently interchanged, and the envoy ot
the United States had calculated on prompt satisfaction.
The communications which he addressed to his go-
vernment authorized this hope; but the expectations
were not realized, and in fact the finances of France
had scarcely begun to emerge from the chaos in which
the bad government of the directory had plunged them.
This part of the convention of 1800 therefore re-
mained unexecuted; and this contempt of the most or-
dinary rules of justice carried the general irritation
in the United States to its greatest height. The pre-
sident and his cabinet, compromitted by their modera-
tion, were beginning to make their reproaches heard.
and talked of doing themselves the justice that was
refused them. The American minister at Paris had
received orders to make this discontent known, and
his notes were drawn up with a firmness to which Bo-
naparte was not accustomed. If one of the continen-
tal powers of Europe had dared to employ similar lan-
guage, the invasion of its territory would have been
the consequence. Congress, separated by the Atlan-
tic Ocean, could without danger assume a menacing
attitude; and the first consul was cautious how he ex-
hibited a resentment, which would have only manifest-
ed his own weakness. But as the notes of Mr. Living-
ston, the American minister, remained unanswered, tlie
injured merchants and ship owners lost their patience.
and murmured against their government. The cue-

OF LOUISIANA.

2:39

inies of" France in the United States, attentive to this
general discontent, hoped to avail themselves of it, in
order to force the Union into an alliance with England.
These matters were discussing with warmth, when
news from the west greatly increased the public excite-
ment.* Not only liad the Spanish intendant put his
proclamation in force, but new orders forbade all com-
munication between the Louisianians and Americans.
Ill the number of ihe colonies, formed in the western
part of the United States, was one, not yet admitted
into the Union, situated on the left bank of that river,
and denominated, not without reason, the territory of
Mississippi. It was the nearest to New Orleans, and
openly expressed more animated complaints when it
deemed moderation useless. " We saw,'' said these
planters, in a memorial to congress of the 5th of Ja-
nuary, 1803, " our trade flourishing, our property rising
rapidly in value, and we felicitated ourselves in being
the free and happy citizens of an independent repub-
lic. Reposing in national faith for a continued obser-
vance of stipulated privileges, we had indulged the san-
guine expectation that this state of prosperity would
not have been so soon interrupted. A recent order
by the government of Louisiana has considerably in-
creased the embarrassment upon our trade, and
breathes a spirit of still greater enmity to the United
States. Conscious of the wisdom, justice, and energy
of the general government, we tender to our country
our lives and fortunes in support of such measures as

* Appcmlix. No. 9, !'>.

jni-i

1^^:

*1»fl

■ ^^■. r*-.!

■Mi

«'1

240

THE HISTORY

congress may deem necessary to vindicate the lionour
and protect the interest of the United States."

This petition led to a proposal which the federal
party had secretly prepared. About the middle of Fe-
bruary, 1803, Mr. Ross, a senator from Pennsylvania.
offered a resolution, in a public sitting of the house to
which he belonged, to take possession of New Orlean-
by force. '• Let us not await," said he, " the arrival of
the French, but since a solemn treaty is violated, let
us not hesitate to occupy places that ought to belong
to us. The people of the west are quite ready, and
there would be excessive simplicity in supposing that
the city will be yielded to us spontaneously, or even by
virtue of a treaty with the first consul."

On his pronouncing these words, another senator.
seeing the danger of a public discussion, required that
the galleries and tribunes should be cleared and the
doors closed. The proposition was opposed by thost
who, with Mr. Ross, v/ished to inflame the public mind,
But as the rule of the senate provided that the demand
of a single member should be sufhcient to e.xcludi
strangers, the sittuig became secret. Mr. Ross con-
tinued thus: " We must no longer await the uncertain
results of diplomatic correspondence, Louisiana oiiglii
to belong to the United States, the people of the west
are impatient to do themselves justice; and if the
French arc allowed time to arrive, the Americans, in
those parts of the Union, will refuse to pay taxes to a
government too feeble to protect them. Never will
there be so favourable an occasion to annex to the fe-

deral unic
could not
')n the ev<
01 their p
ol the Un
to obtain
high pric€
of the ne)
is time to
ca is in <
part of til
we fear n(
and that \
are prepai
eluded hig
of dollars
raise fifty
ana by for

The ho
the quest i
cret. Wl
nounced t
house to
rent states
put it on t

The sei
sessions, \
Ross' mot

Gouveri
of the Un

OF LOUISIANA.

241

deral union a country without which half of our states
could not exist ; it is easy to seize on it, as France is
on the eve of going to war with England; the Enghsh
01 their part will neglect nothing to gain the friendship
oi the United States; the advances which they make
to obtain our alliance prove that they value it at a
high price, and consider it indispensable to the success
of the new measures that they are forced to adopt. It
is time to teach the world that the balance of Ameri-
ca is in our hands, that we are as dominant in this
part of the globe as other nations are in Europe, that
we fear none of them, that our period of youth is over,
and that we are entering on the age of manhood and
are prepared to make use of our strength." He con-
cluded his remarks by proposing to place five millions
of dollars at the disposition of the president, and to
raise fifty thousand men to take possession of Louisi-
ana by force.

The house of representatives, on its part, took up
the question, and its deliberations were likewise se-
cret. When the doors were again opened, it was an-
nounced that the president had been requested by the
house to correspond with the governors of the dific-
rent states, to urge them to organize their militia and
put it on the footing established by law.

The senate continued its deliberations. After two
sessions, with closed doors, it was decided that Mr.
Ross' motion should be publicly discussed.

Gouverneur Morris, who was in France, as the envoy
of the United States, at the beginninsr of the revolu-

'31

Jilr8|!r

"X'Wl

.■fty

242

THE HISTORV

tion, was a member of this assembly. He liad not
awaited this pubHc occasion to say, " that the arrival
of the French should be anticipated, that the acts of
the intendant were not revoked, that the decree of the
king of Spain announced no modification, that the
French troops were already at sea, that the inhabitants
of the menaced territories were losing patience, and
that it was time to come to an open rupture."

This senator was considered one of the most distin-
tinguished writers of the party denominated English.
This English policy will be discovered in most of the
circumstances which we are now about to narrate.
From the beginning of the revolution of the United
.States, Mr. Morris had been recommended to the pub-
lic suffrages by his easy and elegant elocution, and by
his talents, but still more by his boldness and self-con-
fidence. Such qualities give to their possessors in times
of violent excitement a sort of importance, though men
of this character are rarely fit to manage public affairs;
and Gouverneur Morris soon saw the end of the consi-
deration which he had enjoyed. He fell in a great
measure into obscurity, as soon as the cloudy times
passed by.

Mr. Livingston, the American minister at Paris, was
persuaded that the United States would never possess
New Orleans by treaty, and that it ought to be taken
by force. His intercourse with the French ministry
confirmed him in this impression,* and it is probable
that the opinions of Mr. Ross and Gouverneur Morris

* Mr. Monrof'*^ Memoic. pagt"^ Id.

OF LOUISIAXA.

2i3

were derived from the correspondence of this envoy;
but the wise Jeflcrson persisted in his hopes, and tem-
porized in order to avoid adopting any false measures
in the midst of so much uncertainty. Placing great
reliance on Mr. Monroe's n^.ission, he took the utmost
care to prevent any violent proceedings in the neigh-
bourhood of the Mississippi.

But this envoy had not yet quitted America; the un-
certainties of navigation, and the distance did not au-
thorize the hope of a prompt issue from so many diffi-
culties. England, on her side, was making seductive
proposals, and her friends, in order to induce their re-
ception, might take advantage of the five or six months
which must elapse before the result of the negotiation
intrusted to this plenipotentiary could be learned at
Washington.

It was known, on the 20th of February, 1803, and
before Mr. Monroe sailed for Europe, that the com-
mander of the squadron, on board of which the divi-
sion of troops intended for Louisiana was embarked,
had received orders to postpone his departure. This
news, which was very agreeable to the friends of peace,
momentarily disconcerted the partisans of war or ex-
treme measures. But soon resuming courage, they
had recourse to publications and different artifices by
which it would be so easy to excite troubles, if the free
presses that arc employed for doing mischief, were
not a still surer instrument of correcting it, even when
they have not been able to prevent it.

I
ill

-K-

.,t iilill

***** SF'l

211

THF- ni<iH)K\

The discontented party liad recourse to a stratagem
that did not long succeed.

An article was pubUshed in a Kentucky newspaper,
in which the eastern states were accused of sacrificing
to their own views the interests of the western states,
and the latter were advised to separate from the Union
and contract an alliance with the French republic.

The author of the piece, who was an inhabitant oi
Kentucky, bore a French name. A general outcry
obliged him to keep concealed. His effigy and his
writings were burned by the people to show the hor-
ror with which counsels tending to the division of the
country inspired them. At the opening of the federal
court, the grand jury, who alone could take cogni-
sance of the matter, indicted the editor. The Ameri-
cans have never supposed that there ought to be a dis-
tinction made between political and other crimes, and
that special tribunals should be established to try them.
They know that if such a weapon was in the hands of
a party., every accused person of the other party would.
when arraigned, have to encounter the fatal preposses-
sion of his judges.

The flight of this libeller put an end to the prosecu-
tion; but it was fully established that every faction that
attempted to fortify itself by the support of either Eng-
land or France, would draw on it the animadversion
of all good citizens.

Congress adjourned on the 3d of March, 1803, after
having receiver] from the different legislatures prooij-

OP LOUISIANA.

24 i>

of their entire confidence in its wisdom, and the pro-
mise of seconding it by all those measures of vigour
that circumstances might render necessary.

M. Pichon, the charge d'affaires of France, consi-
dered this crisis so important, that he took it upon
liimsclf to write tc Lhe Spanish governor of Louisiana
to conjure him to prevent hostilities by revoking the
prohibitory ordinances, of which the intendant was the
sole author.

The public mind was a little calmed by the assu-
rances given by the Marquis Casa Vrujo, the minister
of Spain, in a note of March 10th, 1803, in which he
officially declared thcat the intendant had acted without
authority, and that, in conformity with the treaty, a
place of deposite instead of New Orleans would be
assigned.

Mr. Monroe sailed from New York on the 8th of
March, 1803, but as the object of his mission was still
kept secret, the public apprehension was not quieted.

President Jefferson, feeling full confidence in the
measures on which he had decided, did not think pro-
per to reply to those who charged him with pusillani-
mity.* The first consul, informed of the purport of
Mr. Monroe's public instructions, supposed that the
president had also left it to the plenipotentiary's pru-
dence to enter, if necessary, into more extended stipu-
lations, in relation to the projected acquisition. The
oossibility of a war between France and England,

' Appendix, No- 11.

'I:H

;||gj

f'^'pi

!V^*i>l

"iil

,-#"■'1

-HI

'Wi

ill

210

rHE HISTORY

which this statesman foresaw at the distance ol .1
thousand leagues from Europe, had suggested to Mr.
Jefferson the measures wliicli he liad just adopted.

The history of the negotiation renders necessary
some details respecting the diffbrence wliich arose be-
tween tlie cahinets of the Tuileries and London in the
early part of 1803. Europe was enjoying a momenta-
ry respite after the many revolutions she had under-
gone. She then witnessed the recommencement of
the most violent crisis that ever perhaps affected her
repose, and which continued to agitate her during ten
years. The events that I am now going to relate arc
the forerunners of every thing connected with the ces-
sion of Louisiana.

The Grenville party, as the F^nglish termed it, \va«
composed of men of great capacity. They were ear-
nestly intent on the increase of the royal prerogative,
which was already strengthened by the persevering po-
licy of Mr. Pitt: they reckoned this statesman in their
ranks, although he affected independence, confining
himself to manifesting that hatred for France which
he had inherited from his father.

Mr. Fox was the soul of an opposition which seemed
less ambitious than zealous for the public good. He
was a worthy rival of William Pitt, and would have
triumphed over his adversary, if his private conduct
had been more in accordance with the uprightness of
his political principles.

The ministry, as it ordinarily happens, maintained a
position between the parties. It had. at its head. Mi

OF LOnsiANA.

2X1

Addington* and Lord Hawkcsbiiry, since known under
the name of Lord Liverpool. Doubts liavc been raised
as to the sincerity of their intentions wben they con-
cluded the peace of Amiens; but we believe that Mr.
Addington really desired that it might be durable. It
lias been said that the chief consul placed from tlic
beginning little reliance on its continuance, and that lie
only regarded the peace as a truce. He pursued without
any intermission his designs in Upper Italy, and united
to France under equivocal denominations those coun-
tries which had been so long disputed between her and
Austria. When these changes, and those which he was
effecting in Holland and Switzerland, had given him a
great preponderance in the atVairs of Europe, he felt
that in order to confirm this new order of things and
exercise this vast supremacy, he in his turn required
the maintenance of peace. But he desired it on con-
dition of being in some sort the universal dictator, and
lie was so much the more averse to every concession,
as the revocation of one single act of his power would
have been followed by his rival's requiring the revoca-
tion of all the others.

Like all conquerors, this great captain had placed
his happiness and glory in transporting from one
country to another bodies of youthful warriors; in put-
ting masses of population in motion, and in astonish-
ing the world by the promptitude and success with
which he executed the vastest and most complicated
designs. But there was at this time reason to think

* Hubsequently created Viscount 8idmoutli. — Tran^l

21 »

THK HlhTOKY

that the convulsions of empires had less attraction loi
him; he spoke of them vvitii a sort of disdain, and ap-
peared to direct the prodigious activity of liis genius
to works which in peace embellish society and secure
tranquil enjoyments to nations.

To give to France belter civil laws, to plan a rclbrni
of the codes, to re-establish order in the finances, to
revive commerce and industry, were the objects to
whici), assisted by able counsellors, he consecrated iiis
time, proloiiging his labours even to midnight. If, with
these generous sentiments, he had thought that liberty.
under good laws, was the most noble present that he
could make to men, the age in which we live would
have been called by his name. Withdrawn, for a short
time, from the designs of a continental war, he con-
ceived that his republic could not be flourishing with-
out a commercial marine, sustained and protected by
great naval forces. He often repeated the following
maxims: "Without the liberty of the sea, there is no
happiness for the world. But, to obtain this liberty, it
is requisite that the continental powers should impress
the English with serious alarm for their commerce. In-
stead of opposing to their maritime forces inefFicienl
fleets, instead of constructing vessels of war, which
wUl sooner or later increase the English navy, they
should, on the first appearance of hostilities, arm pri-
vateers, which, issuing from all the ports of the conti-
nent of Europe in pursuit of merchant ships, would be
protected by their number, and even by their disper-
sion. The English cannot have recourse to reprisal?-

OF LOUISIANA.

219

lor they have taken possession oi" ahnost every brancli
ol" commerce. If they leave ua a few colonics, it is for
tlic purpose of exhausting us in vain expenses for their
preservation, and to make us, in spite of ourselves, dis-
posed to peace through the fear of losing them. Fi-
nally," he added, "the liberty of the seas must be
odious to the English, because it would confine thcni
to their natural share in the general prosperity."

That the possession of colonies is a dangerous bur-
den to a nation, to whom the ocean is closed as soon ns
a maritime war commences, was then but imperfectly
perceived, though twenty-five years later it became an
admitted truth.

The two powers were still at peace, when, in the
middle of January, 1803, the news of the death of Ge-
neral Leclerc was received; and the chief consul, per-
sisting notwithstanding that event in his first views, had
with reluctance abated his exertions for the speedy de-
parture of the new forces which he purposed sending
to America.

These armaments had only St. Domingo and Lou-
isiana for their object; but nothing was farther from
the habitual policy of Napoleon than half measures
and timid efforts. There never had been an example,
while the powers of Europe were at peace, of sending
such considerable forces into remote countries. The
anxiety of the English for their colonics in the gulf
of Mexfco might be easily justified, and their ambassa-
dors and ministers were excusable for not putting en-
tire confidence in the protestations of the first consul

> ^i

'h>

:,.

2J0

J HE HISTORY

on that subject. We believe that they were sincere;
but France, once great, strong, and powerful in those
seas, who could answer for the future and guaranty
Jamaica and the other British West India islands? By
what means could the French be prevented from get-
ting possession of all the trade of the Spanish domi-
nions in America? Moderation rarely continues with
a great increase of power.

After the peace of 1802, Egypt and the Cape ol
Good Hope were evacuated by the English; but they
continued to occupy the island of Malta. The first con-
sul demanded that it should also be evacuated in con-
formity with the last treaty. He flirther asked that cer-
tain editors of newspapers who abused him should be
expelled from England, by virtue of the alien law ; and.
finally, he complained of plots that were formed against
him even in London, and under the direction of men
who held high offices.

The English government increased his resentment
by causing the courts of justice to interpose in these
complaints. Bonaparte was also offended with the le-
niency of the punishment adjudged against the author^:
of the libels.

The parliament had been opened on the 23d of No-
vember, 1802, and from that time it had been expect-
ed, as well in consequence of the king's speech, as ot
the debates to which it gave rise, that the opposition
would make every effort to render war inevitable.

"The last treaty of peace," Lord Grenville said, "was
ratified in May, and the incorporation of Piedmont

|:f

OP LOUISIANA.

251

took place in tlie month of June Ibllowing. Parma
and Placentia have had the same fate, and Louisiana
has been extorted from Spain by treaty." " Our natu-
ral and inveterate enemy," said Mr. Canning, " unre-
mittedly pursues his designs against our commerce and
navigation. The hostile intentions of Frfincc toward^
this country can no longer be questioned."

Both sides were far from being amicably disposed,
and the grounds of dispute were only increased by se-
veral public proceedings. The first consul, on the 8th
of February, 1803, laid before the Corps Legislatif a
statement of the affairs of the republic, in which he
bitterly complained of a party in England that had
sworn implacable hatred to France, as well as of the
refusal of the cabinet of London for the last eleven
months to execute the treaty of Amiens. In this pa-
per was the following phrase : " Five hundred thousand
men must and shall be ready to defend and avenge the
republic."

The English governmc it appeared firmly determined
not to retrograde one step, and it manifested this reso-
lution in the most public manner. On the 8th of
March the king of England sent a message to the two
houses of parliament, in whicli he gave intimations of
an approaching rupture. It stated " that His Majesty
thought it necessary to acquaint them, that, as very
considerable military preparations were carrying on in
the ports of France and Holland, he had judged it ex-
pedient, though these preparations were avowedly di-
Jccted to colonial service, to adopt additional mea-

!*T

** 1*4*5

■%¥\

252

THE HISTORi

sures of precaution for the security of his dominions,
and that ho rched with perfect confidence on their
public spirit and liberahty to enable His Majesty to
adopt such measures as circumstances might appear
to require for supporting the honour of his crown and
the essential interests of his people."

Two days afterwards the two houses received a mes-
sage to the following efi'ect: "That in consequence
of the formidable military preparations carrying on in
the ports of France and Holland, pending the discus-
sion of an important negotiation between His Majes-
ty's government and that of France, His Majesty had
thought it necessary to exercise the power vested in
him by acts of parliament for calling out and embody-
ing forthwith the militia of these kingdoms."

This first cry of alarm, on the part of the ministry,
was regarded in France as the precursor of approacli-
ing hostilities. The governments of the two coun-
tries, however, looked on the war with a sort of dread.
which became proportionably greater as its certainty
increased. The first consul himself, although resolved
not to yield on any point, regretted that, after having
advanced so far, he could not get out of the difiiculty
with honour. But, according to his usual practice, he
soon pretended that thie rupture was a fortunate oc-
currence, and that had it happened two or three ycart
later, the vigour of iiis armies might have been weak-
ened by repose.

The two messages of the king of England had been
followed bv a vote for ten thousand seamen. The nxuc

OF LOUISIANA.

253

of the first consul was at its height. Tlie minister of
foreign affairs received orders to throw off* all disguise
with the English ambassador, and the following expla-
nation only served to show that an open rupture was
near breaking out:

"All the world knows," said M. Talleyrand to Lord
Whitworth, " that the naval expedition which we were
preparing at Helvoetsluys was intended for America,
and that it was on the eve of sailing. The embarca-
tion of our troops and the departure of our fleet have,
jiowever, been countermanded in consequence of the
messages of the king of England."

This readiness to stop the sailing of an armament,
couimenced at great expense, did not at all accord
with the character of the first consul; but, in fact, he
yielded nothing. Before he was acquainted with the
message of the 8th of March, 180.'}, he had looked on
war as inevitable; he had therefore, without hesita-
tion, renounced the intention of sending troops to
America, being well aware that the fleet would have
been captured during the voyage and carried into Eng-
land. Thus, what M. Talleyrand promised accorded
with the new plan which had just been decided on.

After making this easy concession, the French mi-
nister added: "Wc have wished to give proofs of our
anxious desire to calm the uneasiness of the I^ritish
government, and we hope that it will give us in its
turn a satisfactory answer res[)ecting its preparations.
If our expectations are deceived, it will be necessary
that the first consul should send twenty thousand men

if^¥

lU:,.

lif' Sr.

^•"1*4.

KJ»ir'4

254

THE HISTORV

to Holland; a natural consequence of this movement
will be the forming of a camp on the frontiers of Ha-
nover; there will be another one at Calais. Even the
most ordinary prudence will require that the French
army should be put on a war footing, and that prepa-
rations should be made for placing France in a situa-
tion to act either offensively or defensively. The first
consul was on the eve of withdrawing the troops from
Switzerland ; but he now is necessarily obliged to keep
them there, as well as to send new forces to Italy. Re-
flect, my lord, on this state of things : if it is not one
of war, it is very near it." There was also some con-
versation on the occupation of Tarentum, a post as
important as Malta for a new invasion of Egypt.

After this conference, the first consul sent Duroc to
J3erlin, Colbert to Petersburg, and persons in whom he
had the greatest confidence to other courts to acquaint
them with the measures which the message of the 8th
of March had rendered necessary.

A private and almost domestic incident was then
very much commented on, and we will now relate it
on account of the importance of the circumstances
with which it was connected.

Bonaparte had not obliged himself, like other princes
little initiated in the mysteries of their own policy, to
treat with ambassadors and envoys exclusively through
a minister. He conversed with them tete-a-tete, and
even in public, and frequently availed himself too free-
ly of his privilege of speaking in the name of a pow-
erful nation. Only a few days had elapsed since the

OF LOUISIANA.

2!jI)

date of the two messages of the king of England.
The respective ambassadors of the two countries were
not on that account less assiduous in their attend-
ance at audiences and formal receptions. At Paris,
these assemblies, which were held at the Tuileries,
were frequented by a great many persons, and the fo-
reign ministers mixed with the crowd of courtiers.
One evening the first consul was seen entering in a
thoughtful, pensive mood surrounded by his usual re-
tinue. He shortened the circuit which he commonly
made in the reception room, and approaching the Eng-
lish ambassador, said to him in a loud voice : " Vou
are then determined on war ?" " No," replied Lord
Whitworth, " we are too well acquainted with the ad-
vantages of peace." To these measured words, the
first consul, without being restrained by the presence
of so many attentive and inquisitive personages, re-
phed with warmth ; " We have made war on one ano-
ther for fifteen years; the storm thickens at London,
and appears to menace us. Against whom do you
take precautions? Wherefore your armaments? Is it
that you desire another fifteen years' war? 1 do not
arm. My good faith is manifest. Full of confidence
in a treaty, the ink of which is hardly dry, I have not
listened to any malevolent rumour, but have banished
that mistrust which would make peace as detestable as
war. I have not a single ship of the lino farmed in my
ports; I have shown no hostile intentions. The con-
trary supposition is an egregious calumny. I am taken
"inavvares, and glory in it. If the English arc the first

i ,*

■■-H

il'-^'i

25b

rHE HISTOKY

V'4

to draw the sword, I will be the last to sheathe it. It
we must cover solemn treaties wiih black crape, if
those wlio have signed the peace desire war, they must
answer for it before God and man."

It was by these hauglity menaces rather than by
good arguments, — by this harsh and immethodical elo-
quence, — that Napoleon meant to establish his claims,
or make his enemies fear measures that he liad not
yet entirely decided on.

But the English could defend their conduct by simi-
lar arguments, and they were not more just in their
proceedings. Both sides had, however, in fact dis-
armed, and both sides also pretended to act by way of
reprisals.

The excitement was confined, at Paris, to the pa-
lace and the hotels of the ministers. At London, it
had been manifested in parliament and among the peo-
ple. The ministers were drawn on farther than they
had anticipated ; the message of the 8th of March had
rendered the opposition triumphant, and it flattered the
national vanity by offering the hope of immediately
restoring England to the first rank Avhich she had lost.

The conquests of Bonaparte had substituted to di-
plomatic forms and discussions, hasty decisions adopt-
ed, as it were, on the field of battle. England, so long
accustomed to interfere in all matters, was now in the
habit of learning, all of a sudden and without being
previously consulted, that a province or vast country
had changed its master and its constitution. She ex-
claimed against the overthrow of the European system.

OF LOUISIAiNA.

257

as well as against the acquisitions made by France
of the Sparjish part of St. Domingo and of Louisiana;
and whilst she was complaining, the accession of other
territories disturbed still more the former condition of
Europe.

The English ministry had long refused to state
clearly its complaints. At length, on the 16th of
March, I^ord Hawkcsbury sent a note respecting them
to the English ambassador at Paris, with orders to
communicate it. It was in these terms: '• The treaty
of Amiens, like every other antecedent treaty or con-
vention, was negotiated with reference to the actual
date of possession of the difiereriT. parties, and to the
treaties or public engagements by which they were bound
at the time of its conclusion; and if that state of pos-
session and of engaijements is so materially altered
by the act of either of the parties as to aficct the na-
ture of the compact itself, the other party has a right,
according to the law of nations, to interfere for the
purpose of obtaining satisfaction or compensation for
any essential difference which such acts may have sub-
sequently made in their relative situation. If the in-
terference of the French government in the general
affairs of Europe; if their interposition with respect to
Switzerland and Holland, wdiose independence was
guarantied by them at the time of the conclusion of
the treaty of peace; if the acquisitions wdiich have
been made by France in various quarters, but particu-
larly those in Italy, have extended the territory and in-
creased the power of France. Mis Majesty would he

ili? ft

2oB

riiF. Hi.sroRv

warranted, consistently with the spirit of the treaty o'
peace, in claiming equivalents for those 'acquisitions
as a counterpoise to the augmentation of the power
of France. Under these circumstances, His Majcstv
feels that he has no alternative, and that a just regard
to his own honour, and to the interests of his people,
makes it necessary for him to declare that he cannot
consent that his troops should evacuate the island -;t
Malta until substantial security has been provided i'oi
those objects which, under the present circumstances,
may be materially cp-'angcred by their removal."

On both sides the object was by the plunder of a
third party to restrain or punish a rival; but it is ma-
nifest that in this career of injustice, Bonaparte had
in Europe, at least, gone very much beyond the other
power.

These important matters were discussed at the Tui-
leries, at one of those private conferences, in which
the first consul, carried away by the abundance of liis
ideas, energetically stated the wrongs done by his ad-
versaries, without admitting that he had committed
any himself

'• The principles of a maritime supremacy," he said
to his counsellors, "• are subversive of one of the no-
blest rights that nature, science, and genius have se-
cured to man: I mean the right of traversing every sea
with as much liberty as the bird flies through the air; ol
making use of the waves, winds, climates, and produc-
tions of the globe; of bringing near to one another.
by a bold navigation, nations that have been eeparatcd

since th(
gions thi
This is V
tions."

One o
privilege
'•Have r
a contini
great infl
but, inste
turned to
from the
and reac
much irr
to, "obli
us twent)
our revo
vigation.
The proc
peace ms
peal anev
approprifl
all the CO
hastens h
us, let us

" Now,
theories t
can resis
veignty oi
'1 the exc

OF LOUIS FAN A.

2.'59

since t)ie creation; of carrying civilization into re-
gions that arc a prey to ignorance and barbarism.
This is what England would usurp over all other na-

tions.

One of the ministers who were present enjoyed the
privilege of speaking to him with freedom. lie said-
"Have not the English as many motives for drcdding
a continental supremacy and being alarmed at your
great influence over all Europe.'"' He seemed to reflect;
but, instead of replying to so direct an argument, he
turned to the extracts, which were always made for him
from the debates in the English house of commons,
and read a passage, with which lie appeared very
much irritated. "France," said the speech referred
to, "obliges us to recollect the injury which she did
us twenty-five years since, by forming an alliance with
our revolted colonies. Jealous of our commerce, na-
vigation, and riches, she wishes to annihilate them.
The proceedings of the first consul, at the end of a
peace made with too much facility, compel us to ap-
peal anew to arms. The enemy, by a dash of the pen,
appropriates to himself territories more extensive than
all the conquests of France for many centuries. He
hastens his preparations; let us not wait till he attacks
us, let us attack first."

"Now," continued the first consul, "propose your
theories and your abstract propositions, and see if they
can resist the eflforts of these usurpers of the sove-
reignty of the sea. Leave commerce and navigation
'u the exclusive possession of a single people, and the

>fr ',1

..^ ,: J I

..'<i>.<8ti 1

'*4

•J«iO

t UK HISrORV

i^lobc Will be subjected by tbcir arm?!, and by ibo gold
wliicii occupies the place of armies." He then added
these words, in which are found tlic first indication ot
his policy rcspcctinfr the United States, and winch a
sort of inaccuracy renders still more energetic. " To
emancipate nations from the commercial tyranny of
England, it is necessary to balance her influence by a
maritime power that may one day become her rival:
that power is the United States. The English aspire
to dispose of all the riches of the world. I shall bo
useful to the whole universe, if I can prevent their
ruling America as they rule Asia.*'

Circumstances apparently less importnnt than con-
ferv^nces with ambassadors or speeches in parliament,
tended to redouble the habitual irritation of the first
consul.

Out of the two houses the English expressed tliciii-
selves with still more vehemence than in the parlia-
mentary debates. It was to be seen from the newspa-
pers, in which public opinion manifests itself, that the
people would soon know how injurious to England had
been the policy of those who had strengthened by a
solemn treaty the establishment of a powerful repub-
lic in Europe, and that liberty, once acclimated in a
country so happily situated as France, would make
advances there, which England would sooner or later
have reason to regret.

A French Journal, published in London, was particu-
larly distinguished by the extreme violence with wliicli
it was written. The intention of excitins the nation to

OF I-OUISIAN.V.

2til

tlio gold
311 added
cation of
wliieii a
c. "To
ranny of
nee by a
er rival:
ih aspire
shall be
cut their

Imn con-

.rliamcnt.

the first

cd tliciii-
le parlia-
1 newspa-
that the
rjand had
led by a
ul rcpub-
itod in a
dd make
r or later

s partial"
ith which
nation to

ii war plainly appeared ; and ot this object, indeed, the
abuse aimed at the Chief of tlic Frcncli government,
did not permit a doubt to be entertained. It was known
how easily he was irritated, and lie was insulted even
in the persons of the members of his family. The pa-
pers printed at Paris were not more moderate with re-
f;pcct to Hn«jland and the reigning house, and they ex-
cited more attention, as it was well understood that
ihc first consul was no stranger to their composition.
The opinion of the English was not unanimous for the
iesunij)tion of arms. Those who paid the most at-
tention to the complaints raised against the treaty,
easily remarked that commercial jealousy and mari-
time interests had the greatest share in them. Every
permanent agreement seemed impossible between two
nations, whose pretensions were so irreconcilable. The
one wished a monopoly of the commerce of the world;
the other desired to participate in it.

These discussions were to be terminated bv war.
and Bonaparte, who relied on himself alone to carry it
on with success on the continent, well knew that colo-
nies could not be defended without naval forces; but
so great a revolution in the plan of his foreign policy
was not suddenly made. It may even be perceived,
from the correspondence of the minister of foreign af-
fairs at this period, how gradually and in what man-
ner the change was effected. M. Talleyrand renewed,
after a long silence, his communications with Mr. Li-
5 ingston.* Bonaparte had only a very reduced navy

* Appendix, No. U2,

tR!!H

'»N

'•Ml^;*,i

' I

•2()2

THK HISTORY

lo oppose to llic most fonnidablc power, tliat lias ever
had the dominion of the ocean. Louisiana was at the
mercy of the Kn<j;hsh, wlio had a naval armament in
the neighhonriiii^ seas, and <zood <j;arrisons in Jamaica
and the Windward ishuuls. It mii^lit he supposed that
they would open the cauipaiLjn hy this easy con(iucst.
which would have silenced those voices in parliamciu
that were favourable to the continuance of peace. Yk
concluded from this state of thinifs that it was requisiti
to change without delay his policy in relation to St.
Domingo, Louisiana, and the United States. He could
not tolerate indecision; and before the rupture was de-
cided on, he adopted the same course of measures, as
if it had been certain.

He had no other plan to pursue when lie abandoned
his views respecting Louisiana than to prevent the loss.
which France was about sustaining, being turned to
the advantage of England. He, however, conceived
that he ought, before parting with it, to inform himsell
respecting the value of an acquisition, which was the
fruit of his own negotiations, and the only one that had
not been obtained by the sword.

Though full of confidence in himself, and in his me-
thod of forming a prompt and bold decision on state
afiairs, he willingly consulted those who possessed
practical experience, and he had too much reliance in
his own powers to fear engaging in a discussion. He
sometimes allowed it to be perceived to which side he
incHned, and he was not above that paltry artifice, so
common with many persons, who, though they ask nd-

OF LOt'lSIAN/V.

mii

Vice, Ibrni bctorelmnd an opinion which they 'Icsire to
sec triumph.

lie wished to have the opniion ol" two ministers, who
had been accjuainted wilh tliose counlriei?. and to one
of whom the aihninistration of the colonies was I'ann-
liar. lie was in the iiahit of e.xplaininif himself, with-
out preparation or reserve, to those in wliom lie had
toiilidence.

On Easter Sunday, the lOth of Ai)ril, I {{03, after
liaving attended to tlie solenmities and ceremonies of
the day, lie called those two counsellors to him, and ad-
dressing tiiem with that vehemence and passion which
he particularly manifested in political ailuirs, said; "I
know the full value of Louisiana, and 1 have been de-
sirous of repairing the fault of the Frrnch negotiator
who abandoned it in 17G.'J. A few lines of a treaty
have restored it to me, and 1 have scarcely recovered
ilwhen I must expect to lose it. But if it escapes from
nic, it shall one day cost dearer to those who oblige
inc to strip myself of it than to those to whom i wish
to deliver it. The English have successively taken
from France, Canada, Cape Breton, Newfoundland,
Nova Scotia, and the richest portions of Asia. They
urc engaged in exciting troubles in St. Domingo. They
shall not have the Mississippi which they covet. Lou-
isiana is nothing in comparison with theiV conquests m
all parts of the globe, and yet the jealousy they feel at
the restoration of this colony to the sovereignty ot
France, acquaints me with their wish to take posses-
sion of it. and it is thus that thev will begin the war

Hjclj

'it4««

««*i

I* •

^i:l

*^u

261

rHE HISTOKV

They have twenty ships of war in the gulf of Mexico, tiiey
sail over those seas as sovereigns, whilst our affairs in
St. Domingo have been growing worse every day since
the death of Leclerc. The conquest of Louisiana would
be easy, if they only took the trouble to make a de-
scent there. I have not a moment to lose in putting I'l
out of their reach. 1 know not whether they are not
already there. It is their usual course, and if I had
been in their place, I would not have waited. I wish.
if there is still time, to take from them any idea tiiar.
they may have of ever possessing that colony. 1 think
of ceding it to the United States. I can scarcely say
that I cede it to them, for it is not yet in our possession.
If, however, I leave the least time to our enemies, f
shall only transmit an empty title to those republicun.--
Avhose friendship I seek. They only ask of me one
town in Louisiana, but I already co .sidcr 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 po-
licy and even to the commerce of France, than it 1
should attempt to keep it.*'

One of these ministers had served in the auxiliai}
army sent by France to the United States during their
revolution. The other had, for ten years, been in the
public employ, either as secretary of the '''rench lei>a-
tion to the continental congress, or as tlic head of the
administration of St. Domingo.

"We should not hesitate,'' said the last minister.
•• to make a sacrifice of that which is about slipping
from us. War with England is inevitable; shall wc be

OF LOUISIANA.

2(55

iiiinistei'.
slipping

able with very inferior naval forces to defend Louisi-
ana against that power? The United States, justly
discontented with our proceedings, do not hold out to
us a solitary liaven, not even an asylum, in case of re-
verses. They have just become reconciled with us, it
is true; but they have a dispute with the Spanish go-
vernment, and threaten New Orleans, of which we shall
only have momentary possession. At the time of the
discovery of Louisiana the neighbouring provinces
were as feeble as herself; they arc now powerful, and
Louisiana is still in her infancy. The country is scarce-
ly at all inhabited; you have not fifty soldiers there.
Where are your means of sending garrisons thither?
Can we restore fortifications that are in ruins, and con-
struct a long chain of forts upon a frontier of four hun-
dred leagues? If England lets you undertake these
things, it is because they will drain your resources, and
she will feel a secret joy in seeing you exhaust your-
self in efforts of which she alone will derive the profit.
Vou will send out a squadron: but, while it is crossing
the ocean, the colony will fall, and the squadron will in
its turn be in danger. Louisiana is open to the English
from the north by the great lakes, and if, to the south,
they show themselves at the mouth of the Mississippi,
New Orleans will immediately fall into their hands.
What consequence is it to the inhabitants to whom they
arc subject, if their country is not to cease to be a co-
lony? This conquest would be still easier to the Ame-
ricans; they can reach the Mississippi by several navi-
gable rivers, and to be masters of the country it will be

■■M.,

'"^'••onj

?Rj

"<ii«

"?w*

-:**il

\yi

Hi:

266

I'HK HISTORV

sufficient for them to enter it. The populntion and re-
sources of one of these two neighbours every day in-
crease; and the other has maritime means sufficient to
take possession of every thing that can advance iicr
commerce. The colony has existed for a century, and
in spite of efforts and sacrifices of every kind the last
accounts of its population au'' resources attest its
weakness. If it becomes a Froncn colony and acquire;;
increased importance, there will be in its very prosperi-
ty a germ of independence, which will not be long in
developing itself The more it flourishes, the lesi
chances we will have of preserving it. Nothing is more
uncertain than the future fate of the European colonies
in America. The exclusive right which the parent
states exercise over these remote settlements become;
every day more and more precarious. The people lee!
humbled at being dependent on a small country in Ku-
rope, and will liberate themselves, as soon as they have
a consciousness of their own strcnirth.

" The French have attempted to form colonics \\\
several parts of the continent of x\mcrica. Their
efforts have every where proved abortive. The Eng-
lish are patient and laborious, they do not fear the so-
litude and silence of newly settled countries. The
Frenchman, lively and active, recjuires society; he is fond
of conversing with his neighbours. lie willingly entcr.^
on the experiment, but at the first disappointment. (jiiiu
the spade or axe for the chase." The first consul, in-
terrupting these observations, asked how it happened
that the French, who were incapable of succeeding m

M'^

OF i>Ol'ISIAi\A.

267

I continontal colony, had always made great progress
in t'le West Indies. " Because," replied the minister,
• tlio slaves perform all the labour. The whites, who
would be soon exhausted by the heat of the climate,
have, however, the vigour of body and mind necessary
to direct their operations.'' — •• I am again," said the first
consul, '• undeci^csd as to maintaining or abolishing sla-
very. By whom is the land cultivated in Louisiana.''"
" Slavery," answered the minister, " has given to Lou-
isiana half her population. An inexcusable imprudence
was committed in suddenly granting to the slaves of
St. Domingo, a liberty for which they had not been pre-
pared. The blacks and whites have both been the
victims of this great fault. But, without inquiring at
this day how it would l)e proper to repair it, let us ac-
knowledge that the colonics where slavery is preserved
arc rather burdensome than useful to France. At the
same time, let us beware how we abandon them; they
have not the means of governing themselves. The
Creoles are French, they have been encouraged in that
mode of culture, and in that system which now causes
their misfortunes. 1 jct us preserve them from new ca-
lamities. It is our duty to j)rovide for their defence,
lor the administration of justice and for the cares of
government. But for what good purpose would you
su!)icct yourself to still greater embarrassments in
Louisiana.'' You would there constantly have the co-
lonial laws in collision with those at home. Of all the
scourges that have afllicted the human race, slavery
li; the most detestable; but even humanity requires

<'iti

"■m

P' .>''.'

l«4'

V'H-

$4'

268

Tin; KisTDHv

great precautions in the application of the renicd},
and you cannoi apply it if Louisiana sliould again be-
come French. Governments still half" resist eman-
cipation: they tolerate in secret what tliey ostensibly
condemn, and they arc themselves embarrassed by
their false [)osition. The general sentiment of the
world is favourable to emancipation; it is in vain
that the colonists and planters wish to arrest a move-
ment wiiich public opinion approves. The occupation
of Louisiana — a colony with slaves — will occasion us
more expense than it will afford us profit.

" But there is another kind of slavery of which thi-
colony has lost the habit: it is that of the exclusive
system. Do you expect to re-establish it in a country
contiguous to one where commerce enjoys the great-
est liberty? The reign of prohibitory laws is over.
when a numerous population has decided to throw oil
the yoke. Besides, the productions which were so
long possessed exclusively by a few commercial peo-
ple, are ceasing to be privileged articles. The sugar-
cane and the coffee tree are every where cultivated,
and at a very small expense. Every people expects to
raise on its own account all the provisions adapted to
its territory and climate. There are on the globe, be-
tween the tropics. lands a thousand times more exten-
sive than our islands, and susceptible of the same kind
of culture. Monopoly is rendered impossible when the
productions are so multiplied, niid the Louisianians
will not permit it to enslave their commerce. Would
you subdue le-iistanc' l<v force of arms ? The male

remc'd} .
[Tain be-
t eman-
stensibly
Lssed by
: of tlic
in vain
a move-
cupatioii
asion us

lich thi;
exclusive
, country
le great-
is over,
hrow off
were so
Mai peo-
e siigar-
iltivated.
ipccts to
apted to
lobe, bc-
re extcii-
me kind
,vhen the
isianians
Would
ho malf-

OF LOUISIANA.

269

contents will find support in the neighbourhood, and
you will make the United States, with whom recipro-
cal interests ought to connect us for centuries, enemies
of France. D< not expect from the Louisianians any
attachment for your person. They render homage to
vour fame and to your exploits; but the love of nations
is reserved for those princes whom they regard as the
authors of their happiness; and, whatever may be your
solicitude with respect to theirs, it will be for a long
time and perhaps lor ever without effect. These co-
lonists have lost the recollection of France; they arc
of three or four difi'erent nations, and liardly regard
Louisiana as their country. Laws which are incessant-
ly varying, chiefs who cannot know those whom they
are sent to govern, and are not known by them, changes
cflected according to the unsettled interests of the
ruling state or the inexperience of ministers, the con-
tinual danger of becoming belligerents in quarrels to
which they are really strangers; such are the causes
which have for a hundred years extinguished in their
hearts every sentiment of aflection for masters who
are two thousand leagues distant from them, and who
would exchange them or convey them away like an ar-
ticle of merchandise. In order that a country should
exist and possess citizens, the certainty ot stability
must be united with the feeling of prosperity. The
Louisianians, on learning that they had again become
French, said to one another, ' This change will not lasl
longer than the others.'' If, citizen consul, you, who have
W one of the first acts of vour jrovcrnment made suf-

<t<.'{g

270

THE HISTORY

ficicntly apparent your intention of giving this country
to France, now abandon the idea of keeping it, there
is no person tiiat will not admit that you only yield to
necessity, and even our merchants will soon acknow-
\(m\"c that Louisiana free, olfers to them more chances
of profit than Louisiana subjected to a monopoly.
Commercial establishments arc at this day preferable
to colonies, and even without commercial establish-
ments it is best to let trade take care of itself"

The other minister was of a totally opposite opinion.
"^\e are still at peace with England," said he, '"the
colony has just been ceded to us, it depends on the
first consul to preserve it. It would not be wise in liim
to abandon, for fear of a doubtful danger, the most im-
portant establishment that we can form out of France,
and despoil ourselves of it i'or no other reason than
the possibility of a war: it would be as well, if not bet-
ter, that it should be taken from us by force of arms. II
peace is maintained the cession camiot be justified, and
this premature act of ill-lbundcd appreiiension would
occasion the most lively regrets. To retain it would,
on the other hand, be for our commerce and naviga-
tion an inestimable resource, and to our maritime pro-
vinces the subject of universal joy. The advantages
which we have derived from the colonies are still pre-
sent to every mind. Ten nourishing cities have been
created by this trade; and the navigation, opulence,
and luxury which euibellish Paris arc the results of co-
lonial industry. There can be no marine without co-
lonics: no colonies without a powerful marine! The

Ikl

OF rojrisiAW.

271

political system of Europe is only preserved by a skil-
fully combined resistance of many against one. This
is as necessary with respect to the sea as to the land.
if it is not intended to submit to the tyranny of a uni-
versal sovereignty our commerce and the loss of the
immense advantages of a free navigation. To this you
will not submit; you will not acknowledge by your rc-
jignation that England is the sovereign mistress of the
seas, that she is there invulnerable, and that no one
can possess colonies except at her good pleasure. It
does not become you to fear the kings of England. If
they should seize on Louisiana, as some would have
you fear, Hanover would be immediately in your hands
as a certain pledge of its restoration. France, de-
prived of her navy and her colonics, is stripped of half
her splendour, and of a great part of her strength.
Louisiana can indemnify us for all our losses. There
does not exist on the globe a single port, a single city
susceptible of becoming as imi)ortant as New Orleans,
and the neighbourhood of the American states already
miikes it one of the most commercial in the world.
The Mississippi does not reach there till it has re-
ceived twenty other rivers, most of w-hich surpass in
size the finest rivers of Europe. The country is at last
known, the principal explorations have been made, and
expenses have not been spared, especially by Spain.
Forts exist: some fertile lands suitable to the richest
kinds of culture are already fully in use, and others
only await the necessary labour: this colony, open to

**»»ii

lil;:^

*-;*;.

;;ttj|||

'Ill

TflF, inSTORY

the activity of tlic French, will soon compensate them
for the loss of India.

"The climate is the same as that of Hindostan, and
the distance is only a quarter as great. The naviga-
tion to the Indies, by doubling the Cape of Good Hope.
has changed the course of trade from Europe, and ru-
ined Venice and Genoa. What will be its direction, it
at the isthmus of Panama a simple canal should be
opened to connect the one ocean with the other? The
revolution which navigation will then experience will
be still more considerable, and the circumnavigation
of the globe will become easier than the long voy-
ages that arc now made in going to and returning from
India. Louisiana will be on this new route, and it will
then be acknowledged that this possession is of ines-
timable value.

" A boundless country belongs to us, to which (lie
savages possess only an imaginary right. They over-
run vast deserts, with the bow in their hand, in pursuit
of wild beasts. But the social state requires that the
land should be occupied, and these wandering huntei>
arc not proprietors. The Indian has only a right to
his subsistence, and this we will provide for him at a
small expense.

" All the productions of the West Indies suit Lou-
isiana. This variety of products has already intro-
duced large capitals into countries that were so long
an uninhabited wilderness. If we must abandon "''
Domingo, Louisiana will take its place. Gonside'

OF LOUISIANA.

'27:i

H3-

likewise tlic injury wliich it may do us if it becomes
our rival in those j)roductions, of wliich we liavc so
long had the monopoly. Attempts liavc been made to
introduce there the vine, the ohvc, and the mulberry
tree; and tliese experiments, wliich Spain has not been
able to prevent, have but too well succeeded. If the
colony should become free, Provence and our vine-
yards must prepare for a Ibarful competition with a
country new and of boundless extent. If, on the other
li>iiid, it is subjected to our laws, every kind of culture
injurious to our productions will be prohibited.

"It is even for the advantage of Europe that France
should be rich. So long as she shared with England
the commerce of America and Asia, the princes and
cabinets that consented to be subsidized, profited by the
competition in their ofiers. What a dillerence will it
make to them all, if there is to be no more competi-
tion, and if England alone is to regulate this tariff of
amity among princes! Alone rich, she alone would
i,nve the law.

" Finally, France, after her long troubles, requires
such a colony for her internal pacification; it will be
for our country what a century ago were for England.
die settlements which the emigrants from the three
kingdoms have raised to so high a degree of prospe-
rity: it will he the asylum of our religious and politi-
cal dissenters, it will cure a part of the maladies which
the revolution has caused, and be the supreme con-
ciliator of all the parties into which wc are divided.

\ If

271

THK HISTOHV

it^,'*'

You will there find the roniedics tor which you searcli
with so much solicitude."

The first consul teriuinated the conference without
making his intentions known. The discussions were
prolonged into the night. The ministers remained at
St. Cloud; and at daybreak he sunmioned the one who
had advised the cession of Louisiana, and made him
read the despatches that had just arrived from [iOii-
don. His ambassador informed him that naval and
military preparations of every kind were making with
extraordinary rapidity.

"The English," said Napoleon, "ask of me Lampc-
dousa, which does not belong to me, and at the same
time wish to keep Malta for ten years. This island.
where military genius has exhausted all the means ot
defensive fortification to an extent of which no one
without seeing it can form an idea, would be to tlicni
another Gibraltar. To leave it to the English would
be to give up to them the connnerce of the Levaui.
and to rob my southern provinces of it. They wish
to keep this possession, and have uic immediately eva-
cuate Holland.

" Irresolution and deliberation are no longer in sea-
son. I renounce Louisiana. It is not only New Or-
leans that I will cede, it is the whole colony without
any reservation. I know the price of what 1 abandon,
and I have sufficiently proved the importance that f at-
tach to this province, since my first diplomatic act with
Spain had for its object the recovery of it. I renounce

^ li

OK LOUISIANA.

27 :>

it with the greatest regret. To attempt obstinately
to retain it would be folly. I direet you to negotiate
this allhir with the envoys of the United States. Do
not even await the arrival of Mr. Monroe: have an in-
terview this very day with Mr. Livingston; but I re-
quire a great deal of money for this war, and I would
not like to eorninenrc it with new eontrihulious. For
ii hundred y(>ars Franee and Spain have been incurring
expenses for improvements in Louisiana, for which its
trade has never indemnified them. Largt; sums, which
will never be returned to the trc^asury, have been lent
to companies and to agriculturists. The [)rice of all
these things is justly due to us. If I should regulate
iny terms, according to the value of these vast regions
to the United States, the indemnity would have no li-
inits. I will be moderate, in consideration of the ne-
cessity in which I am of making a sale. But kee{) this
to yourself. I want fifty millions, and for less than that
sum 1 will not treat; I would rather make a desperate
attempt to keej) these fine countries. To-morrow you
shall have your full powers." The new plenipotentia-
ry then made some general observations on the ces-
sion of the rights of sovereignty, and upon the aban-
donment of what the Germans call the souk, as to whe-
ther they could be the subject of a contract of sale or
exchange. Boiiaparte replied; "You are giving mc
in all its perfection the ideology of the law of nature
and nations. But I require money to make war on the
richest nation of the world. Send vour maxims to
London; I am sure that they will be j:really admired

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IMAGE EVALUATION
TEST TARGET (MT-3)

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Sciences
Corporation

23 WEST MAIN STREET

WEBSTER, NY. 14S80

(716) 872-4503

•1>^

W>x>

270

riiK msToin

there, and yet no great attention is paid to thcin wlun
the question is, the occupation ol' the finest regions ol
Asia.

'' Perliaps it will also be objected to me, that tli»
Americans may be I'ound too powerlUl for Euro|)c in
two or three centuries: but my foresight does not cm-
brace sucii remote fears. J3esides, we may hcrcalui
expect rivalries among the members of tiic Union.
The confederations, that arc called perpetual, only lasl
till one of the contracting parties find^ it to its iniercst
to break them, and it is to prevent the danger, to
which the colossal power of F^ngiand exposes us, tiiat
1 would provide a remedy."

The minister made no rei)ly. 'IMie first consul conti-
nued: " Mr. iMonroe is on the point of arriving. To
this minister, going two thousand leagues from h\<
constituents, the president must have given, after de-
fining the object of his mission, secret instruction*,
more extensive than the ostensible authorization ot
congress, for the stipulation of the payments to br
made. Neither this minister nor his colleague is pre-
pared for a decision which goes infinitely beyond any
thing that they arc about to ask of us. Begin by
making them the overture, without any subterfuge.
You will acquaint me, day by day, hour by hour, ot
your progress. The cabinet of London is informed of
the measures adopted at Washington, but it can liavo
no suspicion of those which I am now taking. Ob-
serve the greatest secrecy, and recommend it to thc
American ministers: they have not a less interest than

OF LO( iSlA.NA. 277

voursclt' in conforminir to this counsel. You will cor-
respond with M. dc Talloyrand, who alone knows iny
intentions. If I attended to his advice, France would
confine her ambition to the left bank of the Klune, and
would only make war to protect the weak states and
to prevent any dismemberment of her possessions.
But he also admits that the cession of Louisiana is
not a dismemberment of France. Keep him informed
of the progress of this afikir."

The conferences began the ramc day between Mr.
Livingston and M. Barbc Marbois, to whom the first
consul confided this negotiation. But the American
minister had not the necessary powers. He had re-
sided at Paris about two years. The first object of
his mission had been indemnities claimed by his coun-
trymen for prizes made by the French during peace.
The vague answers, and even the expectations that
had been held out to him, had been attended with no re-
sult. The republican pride had been irritated, and Mr.
Livingston, who had become distrustftd, feared that the
overtures relating to Louisiana were only an artifice to
gain time. Pic received, without putting entire confi-
dence in it, the overture which was made to him by
Marbois of a cession of the whole province. Howe-
ver, after some discussion on a sum that was vaguely
brought forward, he refiised to go beyond thirty mil-
lions, saving an augmentation of this price by the
amount of the indemnity to be given for the prizes
taken from the Americans in time of peace. He was.
indeed, unwilling to agree upon so high a price, unles.-

4. Li

:i4l^«l

278

THK HISTOKV

the Stipulation was accompaniocl by a clause of not
making any payments till after the ratitication by coii-

gress.

These preliminary discussions were scarcely entered
on, and their results could not have been anticipated,
when information was received of the landing of Mi.
Monroe at Havre.

Mr. Livingston, always inclined to feel distrust, m
which he seemed to be justified by the many decep-
tions that liad been previously practised on him, wrote
to Mr. Monroe, on his arrival, that the true means o'
succeeding in his negotiation was, " to give an assu-
rance that the United States were already in possession
of New Orleans."* Mr. Monroe arrived at Paris on
the r2th of April, and immediately had with his col-
league a conference, little calculated to make him ex-
pect success from his mission. '• I wish," said Mr. Li-
vingston to him, "tlr.i he resolution offered by Mr.
Ross in the senate hau oocn adoi)ted. Only force can
give us New Orleans. We must employ force. Let us
first get possession of the country and negotiate aftcr-

wards.''t

Mr. Monroe, anxious, though not discouraged, began
his conferences the ne.xt day with M. de Marbois.

Up to this period the controversy had its branches
on the Mississippi, at Washington, at Paris, and at Ma-
drid. The French and Spanish courts, having their at-
tention drawn to other subjects, did not even corres-

• Appendix, No. l.i.

t Journal of the mission by Colonel John Mercer. Mr. Mon-
roe'* Memoir.

v)!-' I^Olli'-IANA.

279

pond respecting it witl) their ministers ut Washington;
and tliese envoys, left to themselves, were under the
necessity of acting at a venture. The arrival of Mr.
Monroe changed this state of things. The powers of
which he was the bearer were common to him and Mr.
Livingston. The French and Auicrican ministers had
an equal interest in not allowing the negotiation to lin-
ger; it had at last a central point, and nrde rapid pro-

a
iTCSS.

The first difliculties were smoothed by a circum-
stance, which is rarely met witli in congresses and di-
plomatic conferences. The plenipotentiaries having
been long acquainted, were disposed to treat one ano-
ther with mutual confidence.

iMr. Livingston, chancellor of the State of New
Vork, had been a member of congress and minister of
foreign affairs. Ke was the head of one of those pa-
trician families, which in consequence of former ser-
vices, honourable conduct, and a large fortune worthily
employed, are the ornaments c)f the states to which
they belong. Mr. Monroe, who had previously been
L^overnor of the state of Virginia, is the same indivi-
dual, who has since been president of the United States
for eight years, and justified in that high office the con-
tidcnce of his fellow citizens. Marbois, who was cm-
ployed to negotiate with them, had been engaged for
thirty-five years in public atliiirs of great importance;
for which his qualifications had been a correct judg-
ment, and a character thoroughly independent. He
had during the whole war of the American revolution

t' ;

i; 1

r 11

•2«0

IHE HISTORY

resided near the congress. The aftairs of this new
power had long been famihar to him, and those of the
soutliern continent had become eqnally so by a parti
cular circumstance. The French directory, whose im-
proper measures he had always opposed, had revenged
themselves by banishing him to Sinnamari, and two
years and a half of exile had made him still better ac-
quainted with the wants, and general condition of tlit
colonies.

The three negotiators had seen the origin of the
American republic, and for a long time back their re-
spective duties had established between them an inter-
course on public aliiiirs, and an intimacy, which does
not always ex'st between foreign envoys, and the mi-
nisters of the power to which they are sent. They
could not see one another again without recollecting
that they had been previously associated in a design,
conceived for the happiness of mankind, approved by
reason and crowned after great vicissitudes by a glo-
rious success. Tliis good understanding of the pleni-
potentiaries did not prevent their considering it a duty
to treat, on both sides., for the conditions most advan-
tageous to their respective cDuntries.

Mr. Monroe, still aftcctcd by the distrust of his coi-
league, did not hear without surprise the first overtures
that were frankly made by M. de Marbois. Instead of
the cession of a town and its inconsiderable territory.
a vast portion of America was in some sort otTered to
the United States. They only asked for the mere right
of navigating the Mississippi, and their sovereignty

OF U)riSIANA. 281

was about to be extended over the larj^est rivers of the
world. They passed over an interior frontier to carry
their limits to the great Pacific Ocean.

Deliberation succeeded to astonishment. Tiie two
joint plenipotentiaries, without asking an opportunity
for concerting measures out of the presence of the
French negotiator, immediately entered on explana-
tions, and the conferences rapidly succeeded one ano-
ther.

The negotiation had three objects. First, the ces-
sion, then the price, and, finally, the indemnity due for
the prizes and their cargoes. After having communi-
cated their respective views on these difl'erent points,
it was agreed to discuss them separately, and even to
make three distinct treaties. The subject of the ces-
sion was first considered. The full powers of the Ame-
rican plenipotentiaries only extended to an arrange-
ment respecting the left bank of the Mississippi, in-
cluding New Orleans. It wfv impossible for them to
have recourse to their government for more ample in-
structions. Hostilities were on the eve of commencing.
The American plenipotentiaries had not to leflect long
to discover that the circumstances, in which France
was placed, were the most fortunate for their country.

In the space of twenty-five years, the United States
had, by treaties with the European powers and the In-
dians, gradually advanced to the Mississippi. By the
proposed cession, vast regions to the west were about
to belong to them without dispute. It relieved them
^rom the necessity of erecting forts and maintaining

garrisons on a French Irontior. NVIiilst ambition and
passion for conquests expose the nations of Europe to
continual wars, coniinercc, agriculture, equitable laws,
and a wise liberty must guaranty to the United States
all the benefits of the social state, without any of its-
dangers. A serious but pacific struggle might then
take place between the enlightened and improved in-
dustry of the old nations, and tho territorial riches ol
a new people; and this rivalship, useful to the world.
was going to be exercised in the most (.'xtensive career
that has ever been opened to the eflbrts of man.

At the yamc time, a consideration of another de-
scription was presented to the view of the negotiator^.
They were about once more to dispose of Louisiann.
not only without consulting its inhabitants, but with-
out its being possible that they should suspect, at tin
distance of two thousand leagues, that their dearest
interests were then to be decided on. "^I'hc three mi-
nisters expressed their sincere regrets at this state of
things. But a preliminary of this nature was rendered
impossible by circumstances, and to defer the cession
would have been to make Louisiana a colony of Eng-
land — to render that power predominant in America.
and to weaken for centuries the state whose airirran-
dizcment in tiiat part of the globe the whole world
must desire. This diniculty, which could not be solved.
was at once set aside.

As soon as the negotiation was entered on, the Ame-
rican ministers declared that they were ready to treat
on the footing of the cession of the entire colony, and

OV I.OUI.^IANA.

283

llicy did not hesitate to take on themselves the respon-
sibility of augmenting the sum that tliey had hccn {lu-
thorized to oiler. Tlie draft of the principal treaty
was communicated to them. They had prepared ano-
ther one, but consented to adopt provisionally as the
basis of their conferences that of the French negotia-
tor, and they easily agreed on the declaration contained
ill the first article; "The colony or province of Louisi-
ana is ceded by France to the United States, with all
Its rights and appurtenances, as fully and in the same
manner as they have been acquired by the French re-
public, by virtue of the third article of the treaty con-
cluded with His Catholic Majesty at St. ildephouso, on
the 1st of October, I {{GO." Terms so general seemed,
however, to render necessary some explanations, rela-
tive to the true extent of liouisiana. The Americans
at fust insisted on this point. They connected the
(jucstion of limits with a guarantee on the part of
France, to put them in possession of the province, and
give them the enjoyment of it.

in treaties of territorial cession, the guarantee of
the jirantor is a usual clause. Publicists even assert
that where it is omitted in terms, it is not the less obli-
gatory of right.

There were some historical and diplomatic research-
es on the first occupation and earliest acts of sove-
reignty. But they were only attended with the results
usual in such cases. Travellers and historians had
not left on this subject any but vague and general no-
tions: they had only narrated some accidents of na-

t i

'm\

2»1

lilK IIISTOKV

!''>£

vigation, some acts of occupation, to whicli contradic-
tory ones rniglit be opposed. According to old docii-
nieiits, the bislio|)ric of Louisiana extended to the Pa-
cific Ocean, and tlic limits of the diocess thus defined
were secure from all dispute. But this was at the most
a matter in expectancy, and the Indians of these re-
gions never had any suspicion of the spiritual jurisdic-
tion, which it was designed to exercise over them.
Besides, it had no connexion with the rights of sove-
reignty and property. One important point was, how-
ever, beyond all discussion; according to the then ex-
isting treaties, the course of the Mississippi, in descend-
ing this river to the thirty-first degree of north latitude,
formed the boundary line, leaving to the United State?
the country on its left bank ; to the right, on the other
hand, there were vast regions without well defined boun-
daries, although France had formerly included a great
part of them in what was called Upper Louisiana: tlii>^
was particularly the case with the territories to the
south of the Missouri.

The limits of Louisiana and Florida, to the soutii
of the thirty-first degree, were not free from some dis-
putes, which possessed importance on account of the
neighbourhood of the sea, and the embouchure of the
rivero. However, this country, disregarded by the Eu-
ropean powers, that successively possessed it, was
scarcely mentioned in the conferences. France had
had only the smallest portion of it. The name of Flori-
da could not have been inserted in the treatv withoiH
preparing great difficulties for the fiitum.

UK ^olJI.s^A^A.

2HJ

riic boundary to the iiortli anil norlli-wcst was still
less easy to describe. Kven tlic cour.^e of the Missis-
iippi might give ri^e to some border disputes: for that
ureat river receives beyond the forty-tliird degree se-
rcral branches, then regarded as its sources. A geo-
iirapliical chart was bcCore the plenipotentiaries. They
negotiated with entire good i'aitli; they frankly agreed
that these matters were full of uncertainty, but they had
110 means of quieting the doubts. The French nego-
iiator said; " Even this map inlbrms us that many of
these countries are not better known at this day than
when Columbus landed at the Bahamas; no one is ac-
quainted with them. The Knglish themselves have ne-
ver explored them. The circumstances arc too press-
ing to permit us to concert matters on this subject with
the court of Madrid. It would be too long before this
discussion could be terminated, and perhaps that go-
vei. .lent would wish to consult the viceroy of Mexico,
(s it not better for the United States to abide by a ge-
neral stipulation, and, since these territories are still at
this day for the most part in the possession of the In-
dians, await future arrangements, or leave the matter
tor the treaty stipulations that the United States may
make with them and Spain.'* In granting Canada to
the English, at the peace of 17G3. we only extended
the cession to the country that we possessed. It is,
however, as a consequence of that treaty, that Eng-
land has occupied territory to the west, as far as the
ij'reat Northern Ocean." Whether the American ple-
'lipotentiaries had themselves desired what was pro-

I'c

■tr

■!■!

2l{h

lilK UlblUKV

posed to tlioiu, or that llicse words all'orded llioni;.
ray of li;4lit, llicy declared lliat tlicy ko|)t to \\\c \v\u\,
of the ."kl article of the treaty of St. Ildi^plioiiso, wliidi
was inserted entire in tlie first article of tlie treaty oi
cession.*

M. Marbois, who olfered the draft, said several times;
•' The lirst article may in lime give rise to dilliculliCN
they are at this day insurmountable; but if they do iioi
stop you, I, at least, desire that your government siiouM
know that you have been warned of them."

It is in fact important not to introduce andjiguoii.^
clauses into treaties: however, the American [)leni|)(i-
tentiaries made no more ol)j(;ctioiis, and if, in appeal-
ing to be resigned to these general terms through ne-
cessity, they considered them really preferable to more
precise stipulations, it must be admitted that the evciii
lias justified their foresigiit. The shores of the West-
ern Ocean were certainly not included in the cession:
but the United Stales are already established there.

The French negotiator, in rendering an account ol
the conference to the first consul, pointed out to liim
the obscurity of this article and the inconveniencics of
so uncertain a stipulation. He replied, •• that if an ob-
scurity did not already exist, it would perhaps be good
policy to put one there."

We have reported this answer in order to have an
opportunity of observing that the article finds a better
justification in the circumstances of the time, and that
sound policy disavows all obscure stipulations. If they

* Appendix, No. 14.

UK I.OI I^IA.N \. 287

arc pomclimo? ndvaiitnt'coiis at the monicnt of a dilVi-
ctilt negotiation, they may all'ord matter in the sequel
lor tlie gieatcst embana.-isment.s.

Hcfore passin;/ to the other articles of the treaty, wo
will conclude our remarks on the i?uhject ol the boun-
daries.

The negotiations which took place several years al-
u.Twards with Spain, relative to the limits of Louisia-
na, were long and dillicult.* 'J'hc govermiient of the

• liouisiaiia wa- ceded hy Ftaiicc to iIk- I'liited States, with all
its lights and apj)iiih'iiaiices, as tullv and in the ^alne niaiiiuT as
they had been ac«|uiied l)y tlic FrtMuh ie|)ul)lic. The tiealy of St.
Ilclephoiiso retiocedes to France, "the province of liDiiisiaiia, with
die same extent that it now has in the hands of Spain, and that
It had when Fiance possessed it: and such as it >h<»uld be idler the
treaties subsequently entered into between Spain and other si;Ues.''

To understand the tjuestion, btiig a;^itated between tlie I'nited
■"tates and Spain, it is necessary to remember tliat I-ouisiana was
dismembered by France in 176 2-.3; the portion east of the Missis-
•ippi, exce[)ting the island of Orleans, beinjj; conveyed to Knu;land,
.iiul the remainder of the province to Spain. The section which
w'Ai ceded to Great Britain includes what is now Illinois, Kentucky,
Tennessee, Mississippi, and Jf'e^l Flori.Ui.

By the same treaty that France ceded the eastern part of liuu-
isiana to England, Spain also yielded to her Florida and all that
she possessed on the continent of North America to the east and
southeast of the Mississippi. liy the treaty of 1 THJ between Spain
and Great Britain, the latter power granted to the former not only
all of Florida that she had lost in the preceding war, but also a con-
siderable portion of what had been held by France as FiOuisiana.

Under these circumstances, it was contended by the I'nitetl States
that they were entilleil by the treaties of cession from Spain to France
anil from F"rancc to the United States, not only to the portion of Lou-
isiana, which Spain had received direct from France in ir(i2-3, and
to which it was attempted to restrict their claim, but to the whole of
the province possessed by France before the dismemberment, so
tar as Spain was capable of ceding it at the date of the treaty of

IN,».[:

THE HISTORV

United States, instead oi" frankly acknowledging thai
there was ground for reasonable doubts, attempted to
establish their claims as incontestable. The ministers
of the catholic king put forward maxims which appa-
rently belong to the law of nations, but which are witli-
out any efficacy when they have only publicists for
champions. The following passage is extracted from
a note addressed by Don Louis de Onis to the secre-
tary of state, on the 5th of January, 1813, ten }cari
after the cession : " It is a principle of public law thai
the property of a lake, of a strait of the sea, or of a
country, whatever may be its extent, is acquired by the
occupation of its principal points, provided no other
power has made a settlement in the interior." Thus
spoke the minister. A few years afterwards, the vast
possessions of Spain in America were withdrawn from
her sovereignty.

The cession of the Floridas, by confounding the two
territories, put an end to a discussion till that time inex-
tricable respecting the eastern boundaries of Louisiana;
the western were then the more easily settled, as Spain
already found herself under the necessity of removing
every obstacle that might tend to render her interest!^
complicated in those countries; and the treaty con-
cluded on the 22d of February, 1819, terminated one
of the disputes in whicli this power was involved. It
was then agreed that tiie Sabine should separate the
dominions of the two states.

St. lUlephonso, Jind including, of course, a part of what wa? thci
called Florida. See Appendix, No. 19. — Tkansj.

OF J.Ol ISIA.NA.

2«!l

This same treaty detcriniiies tlicir boundary line, in
«Toing from tlic sources of the Arkansas to the Pacific
Ocean. It follows the course of the Arkansas to its
sources in the Ibrty-second degree, and thence pro-
ceeds by that parallel of latitude to the South Sea.

An ukase of the Emperor Alexander of the iVth of
September, 1821, asserts that the claims of Russia
(0 the north-west coast of America extend from the
northern extremity of that continent to the fifty-first
degree of north latitude.* It is likewise at the fifty-
first degree that the United States, setting out from
the forty-second degree, limit their pretensions. They
have even shown a disposition to stop at the forty-ninth
degree.

England and the United States have not been able
to agree on the occupation of these regions. By a
convention of tho 20th of October, 1818, the territory
respectively claimed by them was to be open for ten
years to the subjects of both powers. This term has
recently expired, and the arrangement has probably
terminated.t In pursuance of the treaty of Ghent, the
important post on the Columbia river was restored by
the English to the United States.

* By the 3(1 article of the convention of 8t. Peteisburt^, of tln^
fytli of April, 1824, it was a;i;reed tiiat no Russian establishment
'liould be formed on the nortli-west coast of America, south of 54'
40' north latitude, and no American north of the same parallel. —
Transl.

t This agreement was indefinitely renewed by the convention ot
tlie 6th of August, 189.7, as will be seen in a note to Part III. —
fnwsi,.

37 '

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Tlic cession ot" J^ouisuiiiii was a certain guarantee
of the luturc greatness of the United States, and op-
posed an insurmountable obstacle to any design formed
by the Knglisli of becon»ing predominant in America.
They afterwards suj>posed that the negotiations for
petice, openc('i at (ilient, offered tlieni the means of re-
covering the advantages that they had lost. Their ple-
nipotentiaries renewed their pretensions to a free na-
vigation of the Mississippi. They demanded, as a aw
(jua tioii^ that a neutral Indian district should be taken
from the territory of the United States for the purpos-c
of separating the contracting powers by limits, within
which all acquisition of the lands of the Indians should
be prohibited; and their declarations on this subject
were announced as irrevocable. It was even reported
that they would re(juire that i^ouisiana should be re-
stored to Spain.* I5ut no mention olso strange a pre-
tension was made at the conferences at Ghent.

The charter given by Louis XIV. to Crozat in-
cluded all the countries watered by the rivers, wliicli
empty directly or indirectly into the Mississippi. Witli-
in this description comes the Missouri, a river that has
its sources and many of its tributary streams at a little
distance from the Rocky Mountains. The 1st article
of the treaty of cession to the United States meant to
convey nothing beyond them, but the settlement in the
interior, which has resulted from it, and the one on the

* liCttcrs of Mr. jNloiiroc to Ihc miuislors plenipotentiary of tl'.e
United Stales, cf 25th June, 1811. and 19tli August, IBl.t.

or LOU IS I \N A.

2\n

Pacific Ocean, at the west, have muliially sticngtliened
each other.

The acquisition of Louisiana and of tlie Floridas.
together with the extinction of some grants or Indian
titles has cost the United States about 1 {)(),()0l),()()()
francs: the land that has been acquired contains more
than 300,()()(),00() acres, of which only 18,000,000 have
been sold.* Wiiat yet remains t^ be sold will, in less
than a century, be worth to the United Stales many
thousand millions of francs: the value that these lands
will possess, in the hands of individuals, defies all cal-
culation.

The cession was followed by judicious and bold ex-
plorations, made by order of congress, as well as by
travellers and traders who arrived at the shores of the
Western Ocean, after havinnf crossed a country until
then unknown to civilized nations. They found hos-
pitable and pacific tribes, and were only opposed by
natural obstacles. These regions are of greater ex-
tent than the whole original states of the Union. There
is room there for numerous republics, and centuries may
pass away before population and civilization are there
carried to the highest point of which they are suscepti-
ble. It would be idle to inquire respecting the form of
government that will be adopted by these communities,
or the bonds that will connect them with one another
or with a parent state. It is sufficient to foresee that
fhose that shall be formed upon the model of the

* i^ee Appendix. No. 30. — Tflw^r.

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L'nited Stulc i will ccitaiuly be happy, and that tlie new
world will witness what the old world has never seen;—
communities ibnndcd for the benefit of all their mem-
bers, and not lor that of their founders, or to augment
their riches, increase their jjowcr, or administer to
their vain glory. Even if the new states separate
from the confederacy, they will remain united by the
protecting laws of peace, and by every thing that se-
cures the public happiness.

By the 2d article, '• all public lots and squares, vacant
lands, and all public buildings, fortifications, barracks,
and other edifices that were not private property were
mcluded in the cession. The archives, papers, and
documents relative to the domain and sovereignty ol
Louisiana and its dependencies, were to be left in the
possession of the commissioners of the United State:;.
and copies were afterwards to be given in due form to
the magistrates and municipal officers, of such of the
said papers and documents as might be necessary to
them."

The plenipotentiaries, being all three plebeians, easi-
ly agreed on the stipulations of the 3d article, founded
on a perfect equality between all the inhabitants of the
ceded territories.

It provided, "that they should 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, advan-
tages, and immunities of citizens of the United States:
and, that they should in the meantime, be maintained

OF LOUISIANA-

293

uid protected in the Irce enjoyment of their liberty,
property, and the religion which they profess."

These provisions prepared the way for a great
change in the constitution of J^ouisiana, or rather gua-
rantied to it the advantage of having at length a con-
stitution, laws, and self-government. There was not a
•ingle family in the colony but must profit sooner or
later by this revolution.

The first consul, left to his natural disposition, was
always inclined to an elevated and generous justice.
He himself prepared the article which has been just
recited. The words which he employed on the occa-
«ion are recorded in the journal of the negotiation,
and deserve to be preserved. " Let the Louisianians
know that we separate ourselves from them with
regret; that we stipulate in their favour every thing
that they can desire, and let them hereafter, happy in
their indeperdenre, recollect that they have been
Frenchmen, and that France, in ceding them, has se-
cured for them advantages which they could not have
obtained from a European power, however paternal it
miwht have been. Let them retain for us sentiments
of affection; and may their common origin, descent,
language, and customs perpetuate the friendship.*'

The character of the Indians was well known to the
negotiators. The efforts that had been made, and the
expenses that had been incurred for three centuries have
not effected any change in the habits of these tribes ;
but they obstinately avoid civilization. Far from
loving their country, as some writers have pretended.

It
If

""•^11.4,:

■^•llf li ■

291

rilF- HISTORY

they abandon their native soil without much resistance,
as soon as the white men settle in their neighbour-
hood. They prefer their own dispersion, and even
annihilation to the meliorations which would impose
restraints on them or sul)joct them to labour; but they
do not like to be despoiled by force.

These Indians whom we treat as barbarians and sa-
vages, when they defend their lakes, their rivers, and
their forests, whom we reproach with perfidy, when
they oppose stratagem and cunning to tactics and su-
perior arms, have sometimes been our friends. But
they treated us as enemies or usurpers when we came
to disturb their peaceable possessions. When tlicy
were encouraged by better treatment, they called the
king of France their father, and this title among them
carries with it even more authority than that of king,
These tribes, always children, require to be paternally
governed. They preferred the French to other nations.
and willingly adopted them into their tribes. Though
ever ready to use freely whatever in our huts and
houses suited their convenience, or to appropriate it to
themselves, they were submissive to our orders. They
were well inclined to render us services, and even as
warriors to unite their arms with ours.

Many of the treaties concluded between the powers
of Europe since the discovery of America dispose ol
the territories of the Indian nations without any reserve
of their rights. More attention was this time paid to
the interests of these tribes. The treaty of cession se-
parated us from them for ever. The ilu*ee negotiator?

OF LOUISIANA.

295

regarded them as an innocent people, who, without
]iavin«,r any participation in the cession, were to be in-
cluded in it.

By tlic 6tli article, •• Tiic United States promise to
execute such treaties and articles as may have been
agreed on between Spain and the tribes or nations of
Indians." " This stipulation," Mr. Monroe observed.
•• becomes us, though these people must be ibr ever ig-
norant of the care that we take of their interests."

This article prepared the good understanding that
now exists between the Indians and the United States.
Tiiey are treated with humanity: it is wished, it is true,
to remove them from the settled parts of the country,
a plan which is resisted by some of the tribes. The
Cherokees have even given themselves a constitution,
which appears to have been dictated by some whites
settled among them.* This phantom of a government
has not seemed to deserve much attention. The inter-
mixture with the whites has, however, introduced into
the tribe the first elements of civilization.

The 7th article contained a reserve which was then
deemed important for the commerce of France and
Spain, namely; "the privilege of bringing in French
or Spanish vessels from the ports of those two king-
doms or of their colonies, into the ports of Louisiana, the
produce or manufactures of those countries or of their
colonies, during the space of twelve years, without be-
ing subjected to any other or greater duties than those
paid by the citizens of the United States."

- .lulv ibi, 18.::

iKtj

290

THK HISTORY

m -rm

Tlic commerce of the colony had been to that time
almost exclusively carried on by the French under the
Spanish flag. The 7th article would have preserved
this advantage to France, if the peace of Amiens had
not been broken at the same time that the treaty of ce?-
sion was signed. The war lasted nearly twelve ycaiN
during which period this trade passed into the hand;
of the English and Americans: and the loss of St. Do-
mingo put the seal to the separation. It is not be-
lieved that a single French ship profited by the provi-
sions of this article.

The 8th article, which secures to French ships the
treatment of the most favoured nation, has given rise
to discussions, the result of which wc ought not to an-
ticipate.*

* " Ar^ 8. In future, and for ever alter the expiration of tin
twelve jears, the sliips of France shall be treated on the footin^f ol
the most favoured nations in the ports abov mentioned."

By an act of congress of March 3, 1815, the several acts ini
posing discriminating duties on the tonnage of foreign vessels, and
on the goods, &c. imported therein, so far as they were the pro-
duce or manufacture of the nation to which such foreign vessel be-
longed, were repealed in favour of such nations as should not lev\
a discriminating or countervailing duty to tiie prejudice of tlu'
United States.

Conventions, in compliance with the overtures thus made, wen
early concluded witii Great Britain and Sweden, and arrange-
ments by mutual legislation were entered into with other states:
several of which have been recently confirmed by treaty. France.
however, did not immediately accede to these propositions of reci-
procity; but began to maintain in 1817, and has ever since conti-
nued to assert, that she was entitled to enjoy gratuitously in the
ports of Louisiana all the privileges which the vessels of Englaml.
whom she considered as ffip imhif favnurrd nation, possessed (lieiv
under the treaty of commerce, and for which an c(|uivalent ^\''-

OF LOUISIANA.

297

Sucli are the principal stipulations of the treaty of
cession.*

The contracting parties would have dosircil that
Spain should join in this nc<rotiation; and, as this power
had reserved, by the treaty of the 1 st of October, 1 {JOO, a
rigiit of preference, in case of cession, its previous as-
;ont was undoubtedly necessary. On the other hand,
the least delay was attended with very many dangers;
and the distance from Paris to Madrid, with the usual

\)m\. It was ui'gcd, in reply to (lie dotnaiuls of Fiance, that she
daitiviil to enjoy a privileiro witliout fulfilliiii^ tlie condition on
which it was jrianted. She asked to be treated not as liivourably,
but more favourably than the nation she called most lavoiired.
"The stipulation."" said the American secretary of state, "to
place a country on the footini^ of the most favoured nations, neces-
sarily meant, that, if a privilege was <;;ranted to a third nation for
an c(|uivalent, that equivalent must be given by the country which
claimed the same privilege by virtue of such stipulation."

The practical importance of this question has been greatly di-
minished by the treaty of 182x1, by the operation of which all the
discriminating duties upon the vessels of the United States and
France, in either country, ceased on the 1st of October, 1827. By
a separate article, also attached to that convention, the extra du-
ties, levied exclusively on French vessels by the act of the loth of
May. 1S2(), as well as those imposed on American vessels by a
French orclnnnance of the same year, were directed to be refunded.

But, the geneial discriminating duties on foreign vessels, which
were demanded from those of France in the ports of Louisiana, as
ill the rest of the Union, anterior to the treaty of commerce, are
still brought forward as a barrier to the settlement of American
claims for s])oliations and sei/.ures under the im[)erial government.
These reclamations, besides the cases arising from con>!emnations
under illegal decrees against neutral commerce and the burning of
ships at sea, include large demands for property sequestered in the
ports of France ami provisionally sold, respecting which no adju-
dication has ever taken place. — Thansl.

• Appendix, No. 1.

3vS

III

'*1^4r

h'i:^4

0i^

'2[)li

riiK lii-^ioio

tarflincss in the deliberations of that cabinet, would
have led to a total fuiliire of the negotiation. 'I'lio
treaty was therefore not eonununicatcd to the .S|)ani,>l)
nnnistry till after its conclusion. They complained bit
tcrly of the little regard that had been paid to a riglii
that was iiicontestably reserved to Spain, and for near-
ly a year it was impossible to obtain from that com'
an approbation of the treaty. Its complaints were will
grounded. It was only on the lOtli of February, 1804.
that Don Pedro Cevallos wrote to Mr. Pinckncy, mi-
nister of the United States, '• that His Catholic Ma-
jesty had thought fit to renounce his opposition to the
alienation of I Louisiana, made by France, notwith-
standing the solid reasons on which it is fouiulod;
thereby giving a new proof of his benevolence and
friendship to the United States.*'

The draft, 'vhich the American plenipotentiaries had
at first proposed, contained an article, according to
which the first consul was to interpose his good otiiccs
with the king of Spain, in order to obtain the cession
of the country situated to '•k'^ east of the Mississippi.
and in the neighbourhoc 1 of their southern frontier.
These stipulations of good offices are not rare in trea-
ties, but their execution is almost always attended with
embarrassments; anJ tiie French negotiator induced
the Americans to be satisfied with the assurance, that.
should the occasion arise, the first consid would alloid
them all the assistance in his power.

Spain had manifested, on several occasions, lici
dread of having the United States in the imni» di.iti

Oh l.Ol IsIANA. 2i)U

iiciglibourhood of licr continental or njsular colonics.
M.'irbois commnnicatcd to the AuKMican ministers the
apprehensions of this |.»owcr, and added that a jj^reat
many pohticians were also alarmed for the Trencli
West Indies, as they concr ved that sooner or later
the United States would aim at their possession, and,
liiially, conquer them, liivinirston said, in reply; —
"Mark well the answer that I am goinjij to <^\\'c you; 1
believe that I can assure you that it will be conlirnicd
by the event. The Trench West fndies are Ijir from
aspiring to an independence which would soon |)ut the
European inhabitants, who are not numerous enough
to sustain themselves, in the power oi" the slave popu-
lation. The whites require to be governed, protected,
iiid defended against this internal enemy; but it would
be contrary to our institutions and even om* interests
to undertake this charge. The principal trade of these
islands will sooner or later belouLj to us on account of
our proximity, and all the prudence of the European
governments will not retard this change half a centu-
ry. Should these colonies hereafter wish to belong to
us and to enter into the Union, we could not receive
them; we could still less have them as dependent and
subject possessions. I do not foresee what will hap-
pen if, in their emergencies, they should resort to our
generosity and pro i.-ction. But do not fear that we
shall ever make the conquest of that which we would
not wish to accept even as a gift."

Two important conventions, signed the same day,
n'cre annexed to the Ueaty as well as referred to in it.

ii''iii

I'ifl

3U0

nil: III.'? mio

in order that tliov iui<^lit have tijo yiuno lorcc and iM-
fect as if tlicy had been inserted in terms.

The first rehited to tlie paynient ot" the price of tlit
cession. This instrument was made Ke|)arately lium
the treaty, as some embarrassment was felt in mention-
ing, at tlic same time, tlie aban(h)nment of tlie eminent
right of sovereignty and ll>e sal<^ for money of the pro-
perty of the territory.

The necessity of tlie cession bein^ acliiiowlodffcd.
it was easy to justify the conditions. Tlic motivo-
which determined tliem liad been pointed out by tlu
first consul himself, and we will refer to them here.

For a century the settlement and government ol
Louisiana had required from France and Sjjain ad-
vances, for which they had never been indemnified In
the commercial imposts. The churches, the forts upon
both banks of the Mississippi, as well as many otiioi
public buildings, had been erected at the o.\j)ensc of tlir
two powers. There were also there magazines and
arsenals; funds had been advanced to commerce and
agriculture; a great many other expenses, having in view
the benefit of the colony, had likewise been incurred.
The acts of cession, made to .Spsi'i in 1701, contained
provisions respecting the moveable property. Wc find
the following passages in a lettor of the 21st of April.
1764, from Louis XV. to M. D'Abadie: "It is my par-
ticular desire that an inventory, in duplicate, should br
signed by you and the commissioner of His Cathollr
Majesty of all the artillery and other military stores
magazines, hospitals, ships, <S:c. which belong to nic in

UK l,UJ InIA.Na.

M)\

the said colony, m order lliat, al'ter liavmn put the said
conimissionor in possession of tlic ships and bnildinjjfs,
a sialcmrnt may 1x3 prepared of llie value of all the
articles tiiat shall remain thcrt;, the price of which
shall be reimbursed by His Catholic Majesty, accord-
ing to the said estimate." The same reindiursement
IS required in a letter written on the ir^lh of October,
1802, by the k\ufjr of Spain to the captain <^eneraK to
order him to deliver up the province of Louisiana to
the commissioiHM' of the rrench jfoverrnnent. TIk^so
reservations were, it must l)c admitted, of little coiise-
qaencc, and were njoreover merely formal stipulations.
But the first consul regarded in another point of view
the condition of the price. Though this valuation in
money of a right of sovereignty, formerly so familiar
to the princes of Europe, was a necessary clause of
the bargain, he wished at least that it should never be
a charge on the country ceded. 'I'lie j)rice, whatever
it might be, could not be stipulated for an advantage
such as that of independence, the lustre of which it
would have tarnished. 'J'hc amount was paid by the
United States not exclusively, as in the case of pre-
vious cessions and retrocessions, for moveable effects,
but as the price of vast territories which they acquired,
and of the great augmentation of power which would
result from them to the Union in general. The cession
made France lose nothing, and it possessed great ad-
vantages for the United States.

The first consul, supposing that lie carried his valu-
ation very bigh, had said tliat lie calculated on fifty

jkj^

>"!"*|l

"•lW;

■f'l

.Jl)2

I'HK HISTORV

millions. Tiie French |)lcnipotentiary, without ciitci-
ing into any explanation with him, considered this cri-
timate a good deal too low, and, as soon as the price
became the subject of conference, stated that it was
fixed at eighty millions, and that it would be useless to
propose a reduction.*

The American plenipotentiaries could not have fore-
seen that the negotiation, which their government had
intrusted to them, would become so important, and
they were without special powers to consent to pay
the price that was demanded. " Our fellow-citizens."
said Mr. Livinsfston, •' have an extreme aversion to
public debts; how could we, without incurring their
displeasure, burden them with the enormous charge
of fifteen millions of dollars.'^'"

IVl. dc Marbois, on his part, insisted upon the first
demand of eighty millions, and said, that for the United
St" '.as, this was a sum very much below the true value
of these immense territories. The negotiators them-
selves were but very imperfectly acquainted with them:
but they knew that, on passing to the right bank of the
Mississippi, the Americans would find unknown tribc:^.
or a wilderness that had never yet tempted the ambi-
tion or cupidity of any fluropean nation, which culti-
vation could not fail to enrich, and which would be
gradually annexed to the territory of the Union. These
adventitious domains would possess the peculiar ad-
vantage of acquiring eveiy day greater importance and
a higher value, without any other attention on the par*

* Appemlix. No. 15.

>*«-*■:;!

of r.OLiSI V.NA,

a03

of tlic sovereign power than that of directing tiieir ex-
ploration and survCj.

The two plenipotentiaries finally acquiesced,* on
condition that twenty millions out of" the eighty should
be employed in a manner settled by a special conven-
tion. This became the third instrument of" the nciio-
tiation, and we will here enter into some explanations
relative to the origin of the claim for which it provided.

The convention of the 30th of September, 1800, had
lor its object the securing of reciprocal satisfaction to
the citizens of the two states, and the preventing as
far as possible of any thing that could for the future
aflcct their good understanding. We there find the
principle, the wisdom and ICj^ality of which only one na-
tion in the world disputes: "that free ships make free
goods, although they are the property of an enemy."

A special j)romise had been given to pay the debts
arising from requisitions, seizures, and captures of ships
made hi time of peace; but the execution of the agree-
ment had not followed the treaty. For two years and
a half the minister of the United States had been re-
iterating his reclamation and demanding in vain the re-
paration of these losses.t

' Appendix, No. '2.

t Between 1793 and 1800 serious injuries had boon inllicted on
our commerce by the capture and confiscation of our vessels by
France, in violation of the law of nations and existitiu; treaties.
Losses had also been sustained by our merchants Irom embargoes,
and I'rom the neglect of the dilVerent revolutionary governments to
i.omply with their contracts, many of which arose from forced re-
'luisitions for supplies.

These, claims, the justice of some ol which, ali^tractedly con<i-

•4m

.V'^il

THK HISTOKV

The cession o<' LouisiLina allbrdcd tlie means of re-
alizing promises tliat had been so long illusory. The

deri'd, was not lionicd, were icsistod on tlio jrround of tlie f;iiluiv
of the rnited States to comply nitlj the j!;uiirantoo of tin; Frunch
possessions in America, contained in the treaty of 1778, and with
the provisions of the consular convention of 1788. The retaliatory
measures of tlie Atm'rican government in aiithoriy.in«>; the caiituic
of vessels of war, belonu;in<^ to France, hovering on our coasts, ami
in repealint!; the treaty of alliance had also, since 1798, interposed
additional obstacles to the payment of indemnities.

Of the means taken to procure redress, anterior to the mission
of Messrs. KUsworth, Davie, and Murray, it is not necessary liere
to spf;ak. liy a convention, which the»o j^entlemen signed with
tlie Frencli plenipotentiaries on the .lUth of September, 1800, ii
was declared, —

'■' Art. ^2. The ministers jdenipotentiary of t'.e two parties not
being able to agree at present respecting tlie treaty of alliance ut
the 6lh of February. 1778, the treaty of amity and commerce ot
the sau\e date, and the convention of tlie Ntli of November, 1788,
nor upon tlie indemnities mutually due or claimed; the parties will
negotiate farther on the.•^e sul>jects at a convenient time, and until
they may have agreed upon these points, the said treaties and con-
vention shall have no operation, and the relations of the two coun-
tries sl\all be regulated as follows:"

By the 3d article, the public ships that had been captured were
to be mutually restoretl.

" ArK 4. Property captured and not yet definitely condemned,
or which may be captured before the exchange of ratifications {con-
traband goods destined to an eneinv's port excepted.) shall be nui-
tuallv restored on the following proofs of ouller^hip, &.c."

*■' Art. .'i. TIh' debts contracted by one of the two nations ■ "ith
individuals of the other, or by the iiulividmils of the one with the
individuaU of the ol'-er, shall be paid, or the payment n)ay be pro-
secuted in the s'.ime manner as if there hati been no mis-;un(kT»tand-
in'x between the two state:.. Mut this clause sh.ll not extend to in-
demnities daimeil on aciount of captuies or confiscations."

The senate of the Tnited States, on the convention being sub-
mitted to them, exj)unged the secoml article, and the first consul,
on giving his ratification, assented to the retrenchment, on condi-
tion 'Mhat the two states should renounce the respective preten

OF LOUISIANA.

305

Americans consented to pay eighty millions of francs
Gi condition that twenty n ilions of this sum should

sions which are the object of the saiil article." After these condi-
tional ratifications and their exchange, President Jefferson submitted
the convention anew to the senate, who resolved that they consi-
dered it as fully ratified.

The French govcrnmcn*^ failed to comply with their engagements
under the 4th and 5th artic'es, though repeatedly urged to do so by
the United States, and a discussion took place between the Ameri-
can minister in Paris and the French minister of foreign affairs,
which was not terminated when the Louisiana treaty was negotiated,
as to the extent to which the 5th article applied.

Notwithstanding the mutual abandonment of the claims forming
the object of the 2d article of the treaty of I "00. the third con-
vention of the 30th of April, 1803, purpnits to be expressly found-
ed on the 2d and 5th articles of that of the 30th of September,
1800; but the provision which it makes for the liquidation of claims
does not embrace all the cases falling within the purview of either
article. The specifications of the debts, included by it, are given
ill the following words: —

" Art. 2. The debts provided for, &,c., are those whose result is
comprised in the conjectural note annexed to the present conven-
tion, and which, with the interest, cannot exceed the sum of twe.-*
ty millions of francs. The claims comprised in the said note,
which fall within the exceptions of the following articles, shall not
be admitted to the benefit of this provision."'

" Art. 4. It is expressly agreed that the preceding articles shall
comprehend no debts but such as are due to citizens of the United
States, who have been and arc yet creditors of France, for sup-
plies, embargoes, and for pri/.es made at sea, in which the appeal
has been properly lodged within the time mentioned in the said
convention of the 8th Vendemiaire, tenth year, (30th September,
1800.)"

Art. 5, points out the cases to which the preceding articles ap-
ply, and the exceptions to them.

The terms of this convention, by which some classes of cases
were totally excluded, while others having no greater merit were
to be paid in fill, with interest, met with a very unfavourable re-
ception ?X Washington. The article also, which required every
decision to be made within a year, excluded any bonajidc deaunds,

306

IHL HlhTOKV

be assigned to the payment of what was due by France
to the citizens of tlie United States.

The two ministers fixed this condition of an indem-
nity at twenty milhons of francs, and they probably ex-

the presentation of which was at all delayed, and there was no
provision for an apportionment among the claimants, confessedly
within the meaning of the treaty, in the event of a deficiency of
the fund; but each debt, &c. due by France to American citizens
was to be satisfied as soon as it was certified by the commission-
ers, named under the authority of the convention.

Mr. Livingston, the then minister at Paris, was instructed to
propose the extension of the provisions of the convention of 180.)
to all those who had claims under that of 1800, but were not in-
cluded in the subsequent treaty. The French government declined
making a new convention, but stated that if the liquidation of
the claims in the conjectural note should not absorb the twenty
millions of francs, the residue of that sum might be employed to
satisfy other cases; though in any 'ivent the whole of the American
claims were to be placed to the account of the federal government.
The reclamations, comprised in the conjectural list, appears to
have been principally for supplies received by the French, and for
losses sustained by the detection of ships at Bourdeaux, in conse-
quence of the embargo of 1793.

Immediately after the promulgation of the convention of 1800,
accompanied by the declaration of the first consul as to the eft'ect
of expunging the 2d article, it was contended by those who had
had claims on France for captures and confiscations, that they were
entitled to look to their own country for indemnity, inasmuch as
their rights had been renounced for a release of the guarantee and
other valuable considerations, the benefit of which accrued to the
nation at large. These demands on the United States acquired
new force from the transactions connected with the Louisiana trea-
ties. They have been repeatedly presented to congress, M'itli va-
rious success in the comnultees to whom the subject was referred,
but without any final decision on tiem in either house.

It is hardly necessary to add that the claims, which are referred
to in this note, are wholly distinct from those which the American
government has been pressing for many years on the attention of
France, all of which are of a date subsequent to the convention o!
1800 — Tr\vsl.

Of LOMSIANA.

30"

pectod that they would bo required to state the grounds
of this estimate, in order that they inigfit be discussed
and a reduction effected. But no opposition was made,
and it was instantly agreed that this amount should be
deducted from that of the eighty millions. The inten-
tion of extinguishing all former claims was sincere on
both sides. The roimd sum of twenty millions was
evidently an estimate formed on reasonable conjec-
tures, and could not be an absolute result established
by documents. But the American negotiators agreed
that if there was any difference, the amount rather
exceeded than fell short of the claims, and the F'rench
plenipotentiary gave assurances that in no case should
this excess be claimed by France- Thus the respec-
tive demands were easily agreed to. A mutual frank-
ness, which smooths all the difficulties from which the
most simple negotiations are not always exempt, was
the only address employed by the ministers of either
party.

The manner of making the payment at first present-
ed some difficulties: it seemed natural that the French
treasury, which was the debtor, -should, after having
acknowledged its debt, acquit it with the twenty mil-
lions. On the other hand, the American creditors be-
ing better known in their own country than they could
be in France, the disputes among the claimants might
be more easily settled before their own tribunals. We
must add that the liquidations or settlements of cre-
dits, made under the authority of the French govern-
ment, did not then inspire entire confidence. It ap-

AOH

iiih His'iDia

peared more convenient that the respective govern-
ments should name commissioners, who should exa-
mine each particular debt, and then leave the payment
to be afterwards made, in America, by the treasury ol
the United States.

This third convention, just in its object, was, more-
over, connected with the treaty of cession by a great
political interest, which was to destroy every cause ol
discontent between the two nations and extinguish tiiat
animosity that always arises from the refusal to acquit
a legitimate debt. The time sometimes arrives when
a nation repents not having seasonably done an act of
justice, which costs dearer when it is obliged to repair
the omission. The relations of amity and good faitli,
which are not deferred till the moment of danger, lay
the foundation of lasting confidence between nations.
Those who were well aware of the importance of
having a perfectly good understanding between the two
countries, estimated at a much higher price the twen-
ty millions thus employed than the sixty that w^ere re-
ceived by the treasury of France.*

The payment of this last sum was effected in a man-
ner which deserves to be mentioned. The war be-
tween France and England could be no longer doubt-
ful. No French banker was willing to become the me-
dium of so considerable a pecuniary transaction. The
bank of France, to which the proposal was made, re-
fused it, under the pretext that such affairs were not
within its province, and probably, also, because the i\>

* Appendix, No. 3.

OF LOLlsIANA.

;iOi»

gents of the bank were afraid of rendering it depen-
dent on an authority that vvawS too ready to interfere in
matters of which a reciprocal confidence ought to con-
stitute the basis.

On the other side, the American ministers were very
desirous that the payments should be made through the
intervention of the most stable house in Europe. The
partners of this house were established at Amsterdam
and London. Bankers from these two cities did not
fail to be at Paris at the appointed day. They were
eager to reap the profits that were disdained by the
French bankers, and the first consul perceived no in-
convenience in their being abandoned to thcni. It is
believed that, on its part, the British ministry, not-
withstanding the certainty of war, saw, without re-
gret, an English house undertake so profitable a
negotiation. The terms agreed on, as well for the
payment of what was due to the treasury as for the in-
demnity to the American merchants, were punctually
observed. The United States, which still sustained
the weight of a part of the debts contracted during
the war of the revolution, were only incumbered by an
addition of eighty millions of francs to the public bur-
dens; and this people, whose riches arc acquired by
industry and economy, kept their engagements with a
punctuality that would have done honour to the bank-
ing house in the highest credit. The payments were
>o have been made at successive days; but the United
States had inspired an entire confidence in their good
taith. and the bankers made all the advances that were

**<>«

Mi)

THE Hlii TORV

asked of them without being -rohcited or requiring ex-
traordinary profits, and they undoubtedly found their
own advantage in tliis evidence of confidence.*

At the moment of signing them, the Americans asked
that the three instruments should be drawn up in French
and English. They admitted, however, that it was im-
possible to have two original texts in two languages;
it was declared, adopting the form with which the trea-
ties of 1778 concluded, "that the original had been
agreed on and written in the French language." The
translation required three days ; and from this incident
it happened that the treaties, which were concluded on
the 30th of April, 1 803, and are dated on that day,
were only actually signed four days afterwards. Two
months had not then elapsed since Mr. Monroe had
set sail from New York to proceed to Paris.

The authors of those solemn instruments, that re-
gulate the lot of nations, cannot be insensible to tiic
lionour of having done acts useful to their country.
A sentiment superior even to glory seemed to animate
the three ministers, and never perhaps did negotiators
taste a purer joy. As soon as they had signed the trea-
ties, they rose and shook hands, when Livingston, ex-
pressing the general satisfaction, said: "We have Hved
long, but this is the noblest work of our whole lives.
The treaty which we have just signed has not been ob-
tained by art or dictated by force; equally advantage-
ous to the two contracting parties, it will change vast

* Messrs. Hope ami Laboiuhcre of Amsterdam, and Barings ot
l^ondon.

OF I-OUISIANA.

.311

iiring ex-
ind their

•

ins asked
n French
. was im-
nguages;
tlic trea-
lad been

3." TllC

incident
;luded on
hat day.

s. Two
nroc had

that re-
e to the
country,
animate
^otiators
the trea-
ston, ex-
ave hved
ole lives,
been ob-
vantage-
as

Barinss ot

solitudes into flourishing districts. From this day the
United States take their place among the powers of
the first rank; the English lose all exclusive influence
in the affairs of America. Thus one of the principal
causes of European rivalries and animosities is about
to cease. However, if wars are inevitable, France will
hereafter have in the new world a natural friend, that
must increase in strength from year to year, and one
which cannot fail to become powerful and respected in
every sea. The United States will re-establish the ma-
ritime rights of all the world, which are now usurped
by a single nation. These treaties will thus be a gua-
rantee of peace and concord among commercial states.
The instruments which we have just signed will cause
no tears to be shed : they prepare ages of happiness
for innumerable generations of human creatures. The
Mississippi and Missouri will see them succeed one
another, and multiply, truly worthy of the regard and
care of Providence, in the bosom of equality, under
just laws, freed from the errors of superstition and the
scourges of bad government."

The first consul had followed with a lively interest
the progress of this ncgr ^iation. It will be recollect-
ed that he had mentiontii fifty millions as the price
which he would put on the cession; and it may well
be believed that he did not expect to obtain so large a
sum. He learned that eighty millions had been agreed
on; but that they were reduced to sixty by the deduc-
tion stipulated to be previously made for the settlement

'■'■i

THE HISTOKV

of the debt due by Franco to the Americans. Then
forgetting, or feigning to forget, the consent tliat lie had
given, he said with vivacity to the Frencli minister: '•!
would that these twenty millions be paid into the triu-
sury. Who has authorized you to dispose of the mo-
ney of the state? The rights of the claimants cannot
come before our own." This first excitement \va<
calmed as soon as he was brought to recollect that he
had previously consented to treat for a much smaller
sum than the treasury would receive, witho.t including
the twenty millions of indemnity for the prizes. " It i;
true," he exclaimed, " the negotiation does not leave
me any thing to desire ; sixty millions for an occupa-
tion that will not perhaps last but a day! 1 would that
France should enjoy this unexpected capital, and that
it may be employed in works beneticial to her marine. "
At the very instant he dictated a decree for the con-
struction of five canals, the projects of which iiad oc-
cupied him for some time. Hut other cares made him
in a few days forget this decree. The negotiation.
so happily terminated, had required so little skill, and
had been attended with so little labour that the profes-
sions of Napoleon's satisfaction would be deemed ex-
aggerated, if history stopped at these details.

The following words sufficiently acquaint us with
the reflections that then influenced the first consul:
" This accession of territory," said he, " strengthens
for ever the power of the United States; and I have
just given to England a maritime rival, that will soonei
or later humble her pride."

OP LOUISIANA.

;h;j

Fifteen (lays after the signature of the t'oaties, Mr.
Monroe set out for London; he roniained Jiere a con-
siderable time unsurcessfiilly employed iii endeavour-
ing to settle articles of navigation and neatrality.

War was inevitable: the sixty millions were spent on
the preparations for an invasion that was never to be
carried into eirect, and these demonstrations were suf-
ficient to oblijjje the Enslish government to make de-

e^ OCT

fcnsive arrangements which cost a nnich greater sum.
The arrival of iMr. Monroe at Paris had attracted
the attention of the Knglish ambassador. The object
of this envoy's mission was not known at 1-iondon, ex-
cept from the purport of the resolutions of congress.
The secret of the conferences was well kept, and Lord
Whitworth did not even suspect that they liad for their
result a cession of all Louisiana. This aflair being
terminated, the French cabinet ceased to temporize.
The British government, on its side, considered inde-
cision out of season. However, the respective ambas-
sadors, after having received their recall, had still some
communications that seemed pacific. On the 1th of
May, the day after the signature of the treaty of ces-
sion, and four davs after its conclusion, the first consul
caused a note to be sent to Lord Whitworth, in which
he demanded that Malta should be delivered over pro-
visionally to Austria, Russia, and Prussia, which powers
should be the guarantees of the independence of the
island. The note concluded with these words : '• If this
proposal is rejected, it will be manifest that England
has never wished to execute the treaty of Amiens, —

•10

fii

lilK Ill-^IOKV

that she has not ovou liad p:o()(l faith iit any of her do-
niands.''

Kngland only |)ro|)Oh!cd to keep Malta during? tlu>
time necessary to put the island of Lanipedousa upon
the footinu; of" a naval station: but she wished tliat
France should hind iicrself hv a secret article not to
require its evacuation before the end of ten years, and
that Switzerland and Holland siiould be evacuated a
n'onth after the ratification of the convention. Tlu
knights, assisted by all the powers of Christendom, liad
employed two centuries and a half to fortify Malta, and
the English had made themselves masters of it with-
out cflbrt and without expense. The lirst consul was
heard to say on this subject: "-'rhey will never restore
that island except by .force, were it even reclaimed by
the knights.'' From thenceforward, their perseve-
rance in the decision to keep possession of this sta-
tion, authorized the presumjition that they aspired to
the same dominion in the Mediterranean as in the other
seas, and that they aimed at ruling there more abso-
lutely th;m any of the states that occuj)y its shore-.
Perhaps readier and easier comnmnications with India
then likewise entered into the designs of England.

The king of Great Britain also demanded for the
king of Sardinia an indemnity in Italy, and, on the<(
conditions, he consented to acknowledge the Italian
and Liguriau republics.

France, in rejecting these overtures, ofl'ered to ac-
cept the mediation proposed by Russia. Tiicse com-
munications, in appearance pacific, were insincere:

OK l.OMSIAN \.

;n.)

botli sides knew lluit llicy \V(jiiI(I not l)c Jic<:epl(Ml.
The negotiation was liroken otV, and llie iunhassadors
quitted, tlic one Trance, the other Knuland. on tlic
same day, the 17th of May, I «():{.

War was the result of tlic jealous policy and pas-
sion of aggrandizement, which actuated the two pow-
ers. It was rekindled, with an ardour inspired, on the
one side, by the necessity of self-preservation and, on
the other, by pride leading genius astrjiy.

In Trance were to be seen military talents of the high-
est order, a boundless capacity, a bold character, a firm
and persevering will,wliicii presaged long and hrilliant
success. These fpialities were, however, blended with
an immoderate passion for glory, an unbridled ambi-
tion, and a disregard of the rights of others. Some
men, whose foresight then seemed pusillanimous, from
that time dreaded the most deplorable catastrophes.

In England, there were more able councils, a better
regulated state of affairs, an administration friendly to
national liberty, strong in the esteem and confidence
of tlie people, and by their support sui)erior to all the
factions. At the same time, the statesmen, who were at
the head of the British 'ouncils, badly dissembled their
determination to retain the direction of the allairs of
Europe, and to make constant acqeisitions in Asia and
America.

Hostilities commenced on the 22d of May hy the
capture of some Frencb merchantmen. On the same
day Bonaparte gave liis ratification to the treaty of
cession, without waiting for that of the United States.

11^ m

316

THE HISTORV OF LOUISIANA.

It was important that the accomphshment ol' this ibr-
mahty, on the part ol' France, should not leave any
ground for considering the colony as still French. The
ratifications and their exchange could experience no
delay at Washington, and after these proceedings and
the delivery of possession every attempt of the English
on Louisiana would have been directed against a pro-
vince of the American Union, and would have afforded
room for just reclamations on the part of the whole
confederacy.

THE

If *!*»«'«

HISTORY OF LOUISIAJVA,

PART III.

EXECUTION OF THE TREATV OP CESSION. — EVENTS ARISINO
FROM THE CESSION.

THK

HISTORY OF liOlJISIANA.

PART THE THIRD.

EXECUTION OF THE TREATY OP CESSION. — EVENTS ARISINCi
FKOM THE CESSION.

The foresight of the first consul and his anxiety re-
specting the part which England would adopt under the
then existing circumstances were fully justified. The
English ministers, when informed of the object of Mr.
Monroe's mission, conceived that there was no longer
time to undertake the conquest of Louisiana, unless it
was attempted witli the concurrence of the United
States. They made a proposition to that eflect to Mr.
Rufus King, the American envoy at London, giving iiim
to understand that the province would be retroccded
to his government at the peace. A few days after the
signature of the treaty, the two American plenipoten-
tiaries at Paris were made acquainted with this over-
ture by Mr. King. It was easy for them to conjec-
ture at what sacrifices the United States would have
liad to purchase the profferred retrocession, cvlmi if Eng-
land, once in possession, had consented to carry it into
oflect : they were, therefore, far from regretting that they
were no longer in a situation to accept the British pro-
posal. On another account, it was important that the

A'20

I'HE HISTOKV

British government should know the result of the ne-
gotiation, and it was accordingly communicated to it
without delay.

The war with France having commenced, the Eng.
lish were interested in preserving a good understand-
ing with the United States. The proposition to take
possession of Louisiana being set aside, Mr. King re-
ceived from Lord Hawkesbury a satisfactory answer
respecting the cession. He transmitted it without de-
lay to his goverLment. But, in the uncertainty in which
Bonaparte still was on this subject, he adopted the
course of having the ratifications exchanged at Wash-
ington instead of Paris. He wished above all, by thus
gaining time on England, to hasten the transmission
of the money that had been stipulated to be paid.

The treaties, forwarded to Washington with as much
despatch as possible, arrived there on the 14th of July.
]803. The original documents intended for Louisianu,
were sent with them. M. Pichon, the charge d'affaires
of France, had orders to trjinsmit them to M. Laussat,
the prefect of the province, as soon as the ratifications
were exchanged.

The prohibition respecting the entrepot at New Or-
leans was finally taken oil', and the intendant had, by a
proclamation of the month of May, J 803, annulled
the one of the 16th of October preceding, which liad
excited so much a<,ntation.

This difficulty had sc.iicely ceased, wLen the Spa-
nish minister at Washington stated, " that he had or-
ders to warn the federal government to suspend tin'

OP LOUISIANA.

321

ratification and execution of the treaties of" cession of
Louisiana, as tlie French government, in receiving the
province, had contracted an engagement with Spain
not to retrocede it to any otiicr power: and, besides,
one of the conditions, in reference to which the king
his master had transferred it to France, was that the
latter power should obtain from all the courts of Eu-
rope the acknowledgment of the king of Etruria.
France not having executed that engagement, the trea-
ty of cession was null."

The Marquis de la Casa Yrnjo had given publicity
to his protest, r.nd this complication of embarrass-
ments, arising from distrusts and contradictory inte-
rests, had nearly again thrown the business into the
state of confusion from which the treaty of Paris had
extricated it. Some pretended to see in the opposition
of His Catholic Majesty's minister a concert between
Spain and England to prevent the effect of the cession.
Others, imputing to France the most disgraceful de-
ception, asserted that Spain was only acting under her
influence; and they insisted, especially, that the price
agreed on should not be paid till after ])ossession was
taken.

M. Piclion had orders so to combine his proceed-
nigs and communications that the two cessions, name-
ly, i'rom Spain to France and from France to the
United States, should be made without leaving such
an interval of time as might justily an expedition on
the part of the English. He was informed of the sus-
picions which it was attempted to throw on the good

322

liiK iii.«;toii\

faitli of the cabinet of tlic Tuilcrics; a few malecoii'
tents also raised clamours respecting the enormity ol
the price that had been agreed on. This excitement
checked the good intentions of the American govern-
ment, whicli would otherwise have been disposed to
deliver without delay the money and stock that wore
impatiently expected at Paris. M. Pichon, in no way
diverted from his purpose by the protest of M. Yrujo.
sent by land to M. Laussat on the 14th of October tlie
orders which he was instructed to transmit to him.
Those who censured the treaty were obstinate in as-
serting that the apparent dissension between the two
ministers was only an artifice contrived by the cabinet":
of Paris and Madrid.

Mr. Jefterson, on his part, rising superior to the
alarms that had been circulated, and disdaining all
want of confidence, convened congress, anticipating,
on account of the crisis, the usual period. He opened
the session on the 17th of October, 1803, and submitted
the treaties to the examination and constitutional sanc-
tion of the senate. The magnitude of the si'm, and
even the nature of the contract, gave rise to discus-
sions. The senators who opposed the ratification,
men deserving of esteem, but advocates of rigorous
theories, invoked in support of their argument those
maxims of universal justice, which necessity and even
expediency so often silence. " Congress," they said.
" had not the power of annexing by treaty new territo-
ries to the confederacy. This right could only belong
to the whole people of the United States." These sc-

OP LOrfSIAN'A.

323

nators likewise required the free acquiescence of the
Louisianians. « This was their natural right: and the
formal consent of the two people was," according to
them, "indispensable; namely, the consent of the one
party to belong to the Union, and that of the other to
enlarge its territory. Neither the constitution nor any
act that had emanated from them had authorized the
president to conclude such a treaty."

These opponents brought forward, in the very bo-
som of a republican legislature, the example of the
absolute sovereigns of Europe. "We have seen,"
they said, " these princes show more respect for the
original and primitive rights of the people, and not
dispose of a state and its inhabitants as if it was a
question respecting the sale of a manufacture or a flock
of sheep. Maria Theresa, in abandoning to the king
of Prussia certain fiefs which depended on the king-
dom of Bohemia, acknowledged that the abandonment
could not be consummated till the states of that king-
dom had made a solemn renunciation of them; and
are we, the citizens of a free country, about to give an
example of a violation of this natural right !"

Jefferson himself, a zealous republican, would have
wished to diminish tb.c powers of the government in-
stead of extending them. The branch of the federal
government, to which the general powers of the con-
federacy at home and abroad are confided, seemed
to him to menace the republic with a consolidation
prejudicial to the authority of the individual states.
He considered his own authority too monarchical.

>4e'

'.m

324

tiiE lu.^ioia

He would have desired to have had the assent ot the
people to the treaties previously to their ratification.
But tlicrc was a real danger in the delay, and he, on
this occasion, did violence to his own principles.

It was not difficult to demonstrate to him the great
advantages which would result from the treaty as well
to the United States as to the Louisianians. The
confederacy had only aspired to the enjoyment of a
free navigation of the Mississippi, and the treaty gave
it almost another world.

The senate approved the treaties at the very mo-
ment that the Marquis do la Casa Yrujo was protest-
ing with the most violence. The constitution requires
the concurrence of two-thirds of the senators present.
and there was a majority of twenty-four votes agahist
seven. The president ratified them the next day, the
21st of October, 1803, without awaiting the return of
the n^essenger, who was carrying to Laussat the orders
of his government. There was no where any reserve,
and the exchange of the two instruments was executed
purely and simply in the ordinary form. Mr. Jefferson,
in giving his ratification, declared that as soon as the
United States should be in possession of the colony, by
a legal transfer to them through the French commis-
sioner, the treaty should be deemed to have had its
entire execution.

All the documents relating to this affair were imme-
diately afterwards communicated to the house of re-
presentatives. A few of the members raised objec-
tions, which were principally drawn from the exorbitant

<>K I.OI'ISilAiNA.

;i2.>

price that the plenipotentiaries had stipulated. They
were rephed to with force, and one of the delegates,
who approved the treaties, pronounced on tlie occa-
sion the following words, which this history ought to
preserve: '-In a few years," said he, " we shall rank
with the most powerful states of the world. Even the
acquisition that we are now making will promptly ex-
tinguish the debt that we are going to contract. Tiie
possession of Louisiana will enrich all the eastern
states. Others will be formed from it that will contri-
bute to our public revenue. J^et us religiously observe
tlie rules of justice, and let us fuKil our engagements
with the utmost exactitude. We will soon be a i)Ower
formidable to all the states that succumb under the
weight of their debts,*'

The three powers* of the American goverrment
concurred in ratifying the treaties without any modifi-
cation. The necessity of this concurrence to carry a
treaty into full effect might embarrass the most simple
negotiation, if one of them was against it; but the op-
position were in a very small minority. The acts,
which it was requisite that congress should pass, en-
countered no difficulty. They gave the president power
to cause possession to be taken, and by other laws

* Tlie president, with the advice nud consent of the senate, con-
cludes treaties whicli arc declared by the constitution to be the su-
preme law of the land; but where an appropriation of money is re-
quired, it is necessary to pass an act of congress, in which the
house of representatives must of course concur. In such cases,
However, it has been supposed that the national faith is pledged to
*inact the laws proper to carry the treaties into eftect.— Traxsl.

:)20

THE IHSTORY

Ihcy created the public stock. The American minis-
ters at Paris had previously authorized, under tlicir
guarantee, an anticipation of the public credit tor two
millions of dollars, and the advance of this paymenl
to the French treasury had been generally approved at
Washington, oomc even regarded this partial exe-
cution of the contract as a means of rendering the ces-
sion irrevocable. This general eagerness, an authen-
tic sign of the good faith of congress, was also an evi-
dence of the opinion which it entertained of the great
advantages of the acquisition that had been made.
The laws and royal ordinances were provisionally
maintained in Louisiana, but for only a very short
time. The president and the two houses of congress
ordered that the laws of the American Union should
be proclaimed and executed there.

The orders sent to M. Laussat and the American
officers had anticipated the possible case of a resist-
ance on the part of the Spanish authorities, and, as
the concurrence of the latter was indispensable, there
was some uneasiness respecting the final issue of the
affair. Spain abdicated the sovereignty of the coun-
try. The French dominion was only to last a few
days. The United States had not yet any authority
there. The articles of the treaty were not known.
The present was for many a motive for regretting the
past: the future offered to all only uncertain hopes.
The Spanish authorities and officers feared for their
old settlements the influence of the neighbourhood of
a free and independent colony. The French prefect

OK I,0IJIJ>IANA.

:i27

and other olHccrs saw vanisli, with regret, the hope
that they had entertained of concurring in the founda-
tion of a great colonial cstabhslnnent, wliich was
deemed necessary to the prosperity of tlic Frencli
commerce. St. Domingo seemed irreparably lost: re-
fugee planters arrived every day bringing most melan-
choly news; and Louisiana, where tlicy had hoped to
find a new France, no longer appeared to them an
asylum.

M. Laussat had resided lor nine months at New Or-
leans, without assuming his public character. M. Lan-
dais, the French officer who was sent to liim from
Washington by land, traversed the countries inhabited
by the Creeks and Cherokees. We would here remark
that these tribes have not yet evacuated these territo-
ries, and would also add, that the federal city of Wash-
ington communicates at this day, (1828,) with New
Orleans by an easy and safe road, frequented by nume-
rous travellers who pass through the Indian country.

M. Landais arrived on the 2.'3d of November, 1803.
On the 26th the French prefect had a conference with
Messrs. De Salcedo and Casa Calvo, the commission-
ers of the catholic king, and immediately afterwards,
preparations of every kind announced to the public the
cession that was about to bo made to France.

On the 30th of November, Laussat, in his character
of commissioner of the French government, announced,
by the following proclamation, addressed to the Lou-
isianians, the mission with which he was charged :

•' This mission." said he. " less agreeable to mo than

»■•«

J-lii

lllK Ills TOKV

■

iho one winch I had come to lulfil, liovvcver, oU'crs inc
the consolation tliat it will be more advantageous to
you tlian the hist could have been. The return of the
French sovereignty will he only momentary. The ap-
proach of a war, which threatens the four ([uarteis ol
the world, has given a new direction to the beneficent
views of France towards Louisiana, yhe has ceded
it to the United States of America.

" The treaty secures to you all the advantages and
immunities of citizens of the United States, The parti-
cular government, which you will select, will be adapt-
ed to your customs, usages, climate, and opinions.

" Above all, you will not fail to experience the ad-
vantages of an upright, \rtial, incorruptible juirtice.
where the publicity anu invariable forms of the pro-
cedure, as well as the limits carefully interposed to the
arbitrary application of the laws, will concur with the
moral and national character of the judges and juries
in effectually guarantying to the citizens their property
and personal security.

'• The Mississi|)pi, which waslics not deserts of burn-
ing sand, but the most extensive, the most icrtile, and
the most favourably situated plains of the new world.
will, at the quays of this new Alexandria, be forthwith
crowded with thousands of vessels of all nations.

" I have great pleasure, Louisianians, m opposing
this picture to the touching re])roaches of having aban-
doned you, and to the tender regrets, to which this in-
delible attachment of very many of you to the coun-
Irv oi" vour ancestor?? maket^ vou give utterance on the

OF LOlfl>IANA.

329

olibi's inc
Lgcous to
nil of the
The 5ip.
uarttMs ul
)cneficcnt
las ceded

tages and
I'hc parti-
bo adapt-
11 ions.
:c the ad-
!c justice,
f the pro-
sed to the
• witli the
and juries
r property

ts of burn-
er tile, iind
lew world.

forthwith
tions.

opi)Oj5ing
ving aban-
cli this in-
thc couii-
ice on the

present occasion. Franco and her government will hear
the account of these regrets with afhctioii and grati-
tude; but you will soon be convinced that they have
marked their conduct towards you by the most eminent
and most memorable c»f favours.

" Hy this proceeding the French republic gives the
first example in modern times of the voluntary emanci-
pation of a colony; — an example of one of those colo-
nies of which wc are delighted to find the prototype in
the glorious ages of antiquity: may a Louisianian and
a Frenchman never meet now or hereafter in any part
of the world without feeling sentiments of ad'ection,
and without being i iutually disposed to call one ano-
ther brothers.*'

On the morning of the same day, the Spanish
troops and militia were drawn up in front of the City
Hall. The French and Spanish commissioners came
there, followed by a procession of the merchants
and other inhabitants of their respective nations.
Three chairs were arranged in the council chamber,
and Salcedo occupying the middle one, Laussat pre-
sented to him the decree of October l^th, 1802, by
which the king of Spain ordered his representative to
deliver the colony to the French plenipotentiary. This
order was dated more than a year back. M. Laussat
produced, at the same time, the authority of the first con-
sul to take possession of the country in the name of the
French people. After the public reading of tliese acts,
the Spanish governor, leaving his scat, delivered him

-\2

h Hi;

;33()

THE HISTORV

the keys of the city, and the Marquis dc la Casa Calvo
announced, " that the Louisianians, who should not de-
clare that they wished to retire under the Spanish au-
thority, were absolved from their oath of fidelity to the
catholic king." At a signal, given by the firing of can-
non, the Spanish colours were lowered and the Frencli
hoisted.

The French forces only consisted of a small num-
ber of officers of artillery and engineers. The charge
of the lorts and of the diflferent posts on the Missis-
sippi was confided to the local militia.

The French sovereignty lasted from the .3()th of No-
vember to the 20th of December, 180.3. M. Laussat.
in his character of chief of the government during this
interval, provided for the administration of justice in
summary and urgent matters. In spite, however, ot
his anxious care, this short space of time was not ex-
empt from troubles.

The districts of Attakapas and Opelousas, in the
neighbourhood of New Orleans, but on the other side
of the river, were composed of plantations, wliosc
proprietors, imperfectly informed of the circumstances
of the change, explained it in different ways accord-
ing to their particular interests: these quarrels would
have led to acts of violence, had they not been ap-
peased by the proclamations of the prefect and some
measures of the actual government, which, thougli
transitory, were suflficient to show that the colo/iy was
not entirely given up to anarchy.

sa Calvo
d not de-
inish au-
ty to the
g of can-
3 French

lall num-
c charge

5 Missis-

li of No-
Laussat.
ring this
usticc in
i^ever. of
; not cx-

s, in the
ther side
3, whose
nstanccs
accord-
Is would
been ap-
nd some
, thougli
lo/'.y was

OF LOUISIANA. 331

Messrs. Dc Salcedo and Casa Calvo liad exercised
an absolute authority: but, far from their being re-
proached with any abuse of power, it was admitted
that they had administered the government with wis-
dom, moderation, and justice; the inhabitants, in-
deed, only waited till the cession was made to the
United States, and their authority had entirely ceased,
to render them a public proof of affection and grati-
tude. Thenceforth no favour was hoped for from them,
and these testimonies of respect had a much more cer-
tain rharacter of sincerity than those wliich are inva-
riably addressed to rulers on their accession to power.

The United Slates had garrisons on the frontier
posts. General Wilkinson, liaving taken command of
tiiem, advanced to the left bank of the Mississippi, and
established his camp, on the 17th and 18th of Decem-
ber, 1803, at half a league from New Orleans. As
soon as this division was in sight, the Spanish troops
embarked and set sail for the Havannah.

The next day, discharges of artillery from the forts
and vessels in the road announced the farewell which
the French magistrates were then taking of the colo-
ny. They became for ever strangers to a province al-
ternately vSpanish and French, and which bore the
name of one of our greatest kings: they once more
addressed as countrymen those whom they were never
again to see. This colony, which had been always ex-
posed to inevitable vicissitudes under the laws of a state,
from which it was separated two thousand leagues,
was now undergoing its last crisis. This event put

■HI

WRI

332

THF, HISTOft\

)

an end to uncertainties that had lasted for a century,
and fixed for ever the fate of these fine regions. The
spontaneous acknowledgment of the independence ot
Louisiana, its annexation to the confederacy of a pros-
perous people were the acts of the wisest policy; and
those who shall hereafter be in a condition to observe
their consequences, will admit that they ought to rank
with the most important occurrences in the history of
our timf^s.

On the 20th of December, the day fixed for the de-
livery of the colony to the United States, Laussat, ac-
companied by a numerous retinue, went to the City
Hall, it the same instant the American troops were.
by his orders, introduced into the capital.

Claiborne and Wilkinson were received in form in
the City Hall, and were placed on the two sides of the
prefect. The treaty of cession, the respective powers
of the commissioners, and the certificate of the ex-
change of ratifications were read. Laussat then pro-
nounced these words : " In conformity with the treaty.
I put the United States in possession of Louisiana and
its dependencies. The citizens and inhabitants, who
wish to remain here and obey the laws, are from this
moment exonerated from the oath of fidelity to the
French republic." Mr. Claiborne, the governor of the
territory of Mississippi, exercising the powers of go-
vernor general and intendant of the province of Lou-
isiana, delivered a congratulatory discourse, addressed
to the l^ouisiunians. " The cession," said he, '-secures
to you and your descendants the inlieritance of liberty.

JF LOI/ISIANA.

333

perpetual laws, and magistrates, whom you will elect
yourselves." These formalities being fulfilled, the com-
missioners of the two powers, on retiring, might have
witnessed an incident produced by the last impressions
which this transfer occasioned.

On the arrival of M. Laussat, nine months before his
recall, the colony might have considered itself again
French, and a little* time had sufficed to revive in the
hearts of some old inhabitants sentiments, which so long
a separation had not been able entirely to extinguish.
They manifested them on occasion of the change of
the flag. During the twenty days that the French sove-
reignty lasted, the French colours had been displayed
on the City Hall. Some French soldiers retired for many
years to Louisiana, others, brought together from dif-
ferent places on the Mississippi by accident or their re-
spective interests, had assembled at the sight of the na-
tional colours. To the number of fifty, they had, at their
own suggestion, constituted themselves guardians of a
flag rendered illustrious by so many victories, and they
watched over it as if it had been si)ecial!y intrusted to
them. The change of the flags was eftccted by rais-
ing the one and lowering the other. When they met
midway, they were kept stationary for a few instants,
and the artillery and trumpets celebrated the union;
when file flag of the United Stntes rose to its fidl
height and waved in the air, the Americans expressed
their joy by the usual shouts; at the same time, the
colours of the French republic were lowered and re-

'ti*:

334

THE HISTORY

ceived in the arms of the French who had guarded
them ; their regrets were openly expressed, and to ren-
der a last homage to this token, which was no longer
that of the sovereignty of the country, the sergeant-
major wrapped it around him as a scarf, and, after tra-
versing the city, proceeded towards the house of the
French commissioner. The little troop accompanied
him; they were saluted in passing before the lines of
the Americans, who presented arms to them. The
officers of the militia, for the most part of French ori-
gin, followed in a body. They said to Laussat, on his
receiving them; " We have wished to give to France a
last proof of the aftection, which we will always retain
for her. It is into your hands that we deposite this
symbol of the tie which had again transiently connect-
ed us with her." Laussat replied: " May the prospe-
rity of Louisiana be eternal."

This magistrate only quitted the colony, the 23d o(
April of the ensuing yenr, leaving there an honourable
reputation. Mr. ('laiborne, the commissioner who ad-
ministered the government, declared that the authority
of the United States was established, and the public
officers installed in the exercise of their functions. His
proclamation guarantied to the inhabitants the preser-
vation of their religious, civil, and private rights. The
promises which he made to them would have seemed
too magnilicenl, if they had not had a sort of guaran-
tee in the prosperity of the other states of the confe-
deracy.

OF LOUISIANA.

:V.i:~t

The Spanish, FVench, and American chiefs had ne-
glected nothing to maintain harmony between the
three nations. On the first days, however, after the
occupiition, several accidents were occasioned by the
diversi ,y of language, usages, and habits, as well as by
the regret which many felt at seeing broken for ever
the ties that had united them to another people. Com-
plaints were also made of the insolence of some Ame-
rican patrols to the inhabitants.* The discretion and
firmness of the magistrates easily repressed these move-
ments.

The revolution which had just taken place, was in fact
very different from that which in 176.*>. had caused such
violent commotions, and led to the she Iding of the blood
of the colonists, who were discontented with a new
sovereignty. The Americans and Louisianians coa-
lesced after having been near engaging in a war, and
even after commercial hostilities had actually com-
menced. On the eve of the change, it was supposed
that agriculture, commerce, and navigation, were ru-
ined. A few reflections had sufficed to calm this a^i-
tation. All the white inhabitants of every class were
about to participate in the advantages of liberty.

The treaty had only placed Louisiana in the situa-
tion most favourable for liberty, and if France had at-
tempted to keep it and maintained the exclusive sys-
tem there, no human etfort could have prevented its in-
corporation into the American confederacy.

* General orihn-nr December ^JGth. 1803.

ill

'VM) THE HISTORY

From that moment we were authorized to believe
that the hopes entertained by the negotiators of the
treaties were reahzed. Their correctness may at this
day be still better appreciated. Has Louisiana, during
the last twenty-six years, made any progress in agri-
culture and commerce? Have tbio laws meliorated
tlie condition of the inhabitants ? Is it now a matter
beyond all doubt, that there exists a vast portion of the
world, where agriculture, navigation, sciences so high-
ly favourable to the happiness of mankind, are going to
be freely developed? These questions naturally pie-
sent themselves as a se(iuel to the history of the trea-
ty. We will answer them by giving a statement of the
situation of the colony under these different points of
view.

On the 20th of March, 1 801, congress divided Louisi-
ana into two territories. The southern section was
called Orleans, and the northern Louisiana, but they
did not long retain these names, and we will hereafter
mention the reasons for their being changed.

The Louisianians of the lower country, governed
after the cession as inhabitants of a territory not yet
admitted to the rank of a state of the confederacy, as-
pired to that privilege. It was not till eight years af-
ter that event, that congress authorized them to form a
constitution, in order to their being received into the
Union, on the footing of the original states.

This fundamental law was iVamed by a converitioii.
assembled at New Orleans. It bears date Januarv

OF LOUISIANA.

337

22(1, J HI 2. it was subsequently submitted to con-
gress, who approved it under the title of the constitu-
tion of Louisiana. It will be sufficient to point out its
principal provisions.

The three departments of the government are sepa-
rate and distinct.

" The legislative power is composed of a senate and
house of representatives. To be a representative, it is
necessary to be a free white citizen, of the age of twen-
ty-one years or upwards, to possess landed property to
the value of five hundred dollars, and to have resided
within the state for two years. Every free white citi-
zen of the age of twenty-one years, paying a state tax,
is an elector after one year's residence.

'• To be a senator, it is necessary to have resided
within the state for four years, to be twenty-seven years
old, and to hold landed property of the value of one
thousand dollars.

" No person, while ' ■> continues to exercise the func-

., teacher of any religious
-J eligible to the general as-
profit or trust under the state,
e force of a law, until, on throe
several days, it be read over in each house of the ge-
neral assembly, and free discussion allowed thereon;
unless, in case of urgency, four-fifths of the house ^plierc
tlie bill shall be depending, may deem it exppdient to
dispense with this rule.

•'The governor is elected for four years: he must
be at least thirty-five years of age, have been an inha-

lions of a clergyman, r
persuasion, society, or '
i vmbly, or to any ofiic
"No bill shall have

338

HIV. ni,-.TOHV

bitant olthc state at least six years preceding his elec-
tion, and shall hold in his own right a landed estate of
five thousand dollars value.

" No member of congress or person holding any of-
fice under the United States, nor a minister of any re-
ligious society, is ehgibic to the oilicc of governor.

" Every bill that has passed both houses, is presented
to the governor. If he approves it, he signs it; if not,
he returns it with his objections, to the house in which
it originated. After being thus returned, the bill can
only become a law, if approved by two-thirds of all the
members elected to each house."

Louisiana had, till the adoption of this constitution,
been governed by the civil and criminal laws of the
kingdom of France; and those, who, a century before,
had prepared this first legislation, had thought so httle
of accommodating it to the climate and local circum-
stances, that to abridge their labour, they had subjected
the province to the custom of Paris, (coulume de Paris.)
This is, however, still the law of Lower Canada and of
other colonies which cither now are, or formerly were
French.

Before the cession, an appeal from the judgments of
the tribunals, was carried to the superior council of
Havannah, and, in certain cases, to the council of Ma-
drid. Justice was oftentimes not rendered till after a
lapse of several years. Justice long delayed or which
must be sought for at a distance, is not true justice.

The laws oV Spain, France, and the United States.
have ceased since 1825, to prevail in this country.

OF LOUISIANA.

;i39

where these three powers have successively ruled : com-
petent and learned men liave undertaken the great task
of reconciling them. A civil codo has been adopted,
and the one which is now established in France has
been of no little service in its compilation.*

The new constitution, granted to the Fjouisianians
the important ng\\t o( habeas corpus; a jury trial in civil
cases at the request of either of the parties; the power
of giving bail in all cases not capital, and, finally, the
trial by jury in all criminal prosecutions. The French
settlers thus found again on the borders of the Missis-
sippi, the trial by their country and their peers, which
was so dear to their ancestors, and which they might
consequently receive as the restoration of a right.

Mr. Edward Livingston, a brother of the minister
whosifrned the treaty of cession, has since prepared the
plan of a criminal code, in which he ])roposcs liie abo-
lition of capital punishmont.

The convention that formed this constitution, was
composed of forty representatives, of whom twenty-two
were of French origin, and eighteen Americans from
the Unitetl States.

The name of Louisiana was at first that of the whole
ceded province. It was then a[)plicd only to the coun-
try washed by the Missouri, from its mouth to a de-
fined boundary at the west. New Orleans gave its name
to the territory situated below that of Louisiana and to
the right of the Mississippi; but these denominations
liave since been changed. The territory of New Or-

* A digest of civil laws for Louisiana was prepared and adopted
liv the legislature of the then territory of Cleans in 1808.— Transl.

■{■tin *'

'ft?!' h.

rilK III.^iTOKV

leans has become the state of Louisiana, and the dis-
trict which bore this latter name, is now called the
state of Missouri. It was not till the J 0th of August,
1821, that Missouri was admitted into the Union.

The general assembly of Louisiana held its first ses-
sion in 1812. Congress had authorized it to include
in the limits of the state a territory situated to the east
of the Mississippi, and which Spain persisted in claim-
ing, as a part of West Florida. The Louisianians
themselves agreed that it had been considered to be-
long to Florida, but, nevertheless, the assembly de-
clared, by one of its first acts, that this district of coun-
try was a portion of Louisiana. It was certainly a very
convenient possession fov New Orleans, which drew
from it a great part of its supplies; but this eager-
ness to strengthen doubtful pretensions by possession.
does not accord with the spirit of justice that charac-
terizes the other political acts of the United States.*

Ten years later the state would have obtained the
same augmentation of territory by an incontestable ti-
tle. But, at the period when the Louisianians seized
on it, Spain was far from admitting their right. As
early as the year 1803, whilst Mr. Monroe was nego-
tiating at Paris the treaty of cession, Mr. PinckneV;
the minister of the United States at Madrid, was ask-
ing of Don Pedro Cevallos that the Floridas should bo
ceded to them; and he proposed, as a sort of equiva-
lent, to guaranty to the king and his successors cer-
tain dominions of Spain situated beyond the Mississip-

* See Part II. page 387, note. — Transl.

OP LOIIJSIANA.

:u)

1 to bc-
nbly tlc-
of" coun-
ly a very
cli drew
s eagcr-
sscssion.
; cliarac-
Jtates.*
ined the
stable ti-
ls seized
ght. A,s
as ncgo-
'inckney.
was asii-
hould bo
i" equiva-
iors cei-
lississip-

pi. This oflcr of guarnntcc was at that time disdained
by the court of Madrid, nnd wlicii, in IHlfJ, it mani-
fested an anxiety to accept it, and include within its
o})eration Mexico and the northern colonies, circum-
stances had changed: the revolt had every where
broken out. Tiie United States were fur from interfe-
ring in this quarrel, which in no way al.irmcd them,
and which they did not der^irc to see terminate other-
wise than in the establishment of those principles of
liberty, to which they were so fondly attached. Mr.
Erving, their envoy, declared that the ofler, not accept-
ed fifteen years before, was the same as if it had never
been made. Reciprocal complaints, reclamations ibr
indemnities on account of prizes illegally made at sea,
had hi this Ion" interval rendered the nciwtiation com-
plicated. Spain was engaged in dillicultics which did
not permit her to give any farther attention to the Flo-
ridas: she ceded them, and the United States thus ac-
complished, by the treaty of the 22d of February, 1819,
the great design which they had formed many years be-
fore, of having only the sea for a boundary to the cast
and south.

As the price of this new cession, they took on them-
selves claims for indemnities of their own ship-owners
and merchants, to the amount of five millions of dollars.

Thus, they were indemnified by Spain, as they had
been by France, for spoliations, which privateers, fur-
nished with the instructions of a doubtfid authority,
and disavowed by the law of nations, had been able to
practise with impunity on their connncrce: and these

:V12

iHF. rnsrohv

VI ,

states, scarcely admitted to the rank of nations, proved
to the world that they would never sutler any unjust

aggression.

This acquisition added new value to that of I^ouisi-
ana. Some navi<^able rivers, whieh traverse the riori-
das to their embouchure in the sea, have their rise and
a considerable part of their course in the old states.
The United States became masters in the gulf of Mex-
ico of navtal stations suitable for the reception of ves-
sels of the first class. I^'inally, by means of all these ag-
grandizements, they have formed one of the most pow-
erful empires in the world.

The wretched and miserable races, who have inhabit-
ed for centuries tliese various and extensive countries,
have not left a single one of those monuments of ge-
nius and the arts, which attest that human creatures
have embellished their abodes and meliorated the
land where Providence gave them birth. Some tracct^
are, however, to be seen of an incipient civilization.
In many places aie to be found conical or pyramidical
mounds of earth, of a height that could only have been
raised by many thousand labourers, employed during a
great number of years. Some of them arc at their base
more than twenty-five hundred feet in circumference,
and nearly two hundred in height. The pyramid is
terminated by a platform of several feet in diameter.
There are also others of small dimensions, which arc
placed without any regularity, and so close together
that the voice is without difficulty heard from one to
another of them. These elevations could not have

UF I.OllslANA.

31.4

been places of asyliiiu or (Icfi'iicc, and tlio Indians them-
selves, when interrogated as to tlieir destination, do
not assign them any.

Some more extensive and less elevated platlbrms arc
likewise to bu noticed. They arc formed on a regnlar
plan, and are either oval or square. The means em-
ployed to render the access to them difficult, seems to
indicate an intention oi'dcrencc. In other parts of the
country these constructions are diflbreiit, and some
have supposed that they distinguished in them courses
of stone. Near the junction of the Muskingum with
the Ohio, in the neighbourhood of the Miamis, and in
the vicinity of Zanesville, a gr^at number of these
mounds arc to be seen. .Some arc surrounded by ram-
parts, and are excavated within. The ramparts arc
sometimes even two hundred feet in height, and enclose
areas of twenty-five or thirty acres. A great many hu-
man bones are scattered in them, which would induce
us to take them for tombs, if the enclosure was not
too large to have had only such a destination. It is
calculated that there arc nearly three thousand of these
hillocks in the parts of the country that have been exa-
mined. Travellers have thought that they recognised
111 them places consecrated to the worship of idols.

These monuments, as ancient perhaps as those of
Egypt, do not in any other respect resemble them,
But, though rude, they could not have been construct-
ed without the co-operation of a great many men ac-
customed to obedience, habituated to discipline, and
'lirected by chiefs not wiiolly strangers to the practical

It 'iJ'

»-.

:ui

THE HISTORY

rules of geometry. The native inhabitants of the pre-
sent day would be neither sufficiently docile, nor suffi-
ciently numerous for their chiefs to undertake similar
works. They consequently attest the presence of races
less ignorant than those which we see there, though
they might not have been much farther advanced in
civilization. The first races to which we refer have
not existed for several centuries, the others are about
to disappear. Their imperfect traditions scarcely go
back a thousand years, and we may conclude that they
were arrested in their career by some political or na-
tural catastrophe.

History makes us accjuainted with man, as an inha-
bitant of the earth, for upwards of fifty or sixty centu-
ries. But, during this great number of years, the two
hemispheres have continued unknown to one another,
and a circumstance so extraordinary can only be ex-
plained by the slight progress which navigation hail
made up to the period of the discovery of America.

Researches have been in vain made to ascertain
whether the inhabitants of the old and new world were
of the same origin, and whether the one race was more
ancient than the other; nothing has led to the solution
of the doubts on these qutstions.

A treaty of" peace and friendship has been concluded
between the Osages, on the one part, and the Delaware
nation, its allies the Shawaiecs, the Kickapous, the Pi-
ankashaws, the Weas, the Peorias, and the Senecas
on the other. These tribes: reside in the couniries
ceded bv France on the Missouri and Arkansas. Tlii^

jngs

the pre-
lor sufTi-
I similar
of races
tliougli
uiced in
;fer have
e about
rcely go
hat they
.1 or na-

an iiiha-
ty centu-
, the two

another,
ily be e\-
tion iiad
iierica.
ascertain
Drkl were
vas more
I solution

one lulled
)cla\varc
!, the Pi-
Senccas
countries
as. Thii

OF LOUISIANA.

345

pacification took place in the town of St. Louis on the
7th of October, 1826. We cannot rely on its durabi-
lity. An unfortunate circumstance occasions frequent
hostilities among the Indian nations who occupy the
countries situated between the Mississippi and the
Rocky Mountains. The white hunters, settled on the
frontiers, ruin these tribes by destroying their game.
They, on their side, pressed by want, fall back on the
other Indians of the north and west, and, although in-
ferior in numbers, almost always attack them with suc-
cess, because their neighbours, the whites, furnish
them with arms, and sometimes join with thorn. The
United States hold it as a principle that the emi-
nent right of sovereignty over these territories belongs
to them, but that they cannot have the proprietorship
of the soil without giving to the aborigines an equiva-
lent in money or merchandise. This is an abstract
distinction.

A few years since some Trapists, who had emi-
grated from Europe, were i und on one of the great
prairies. Brackenridgc, who visited them in 1812,
says that their village contained an enclosure of a hun-
dred acres, five little cabins, and all the other build-
ings necessary for agriculture. " They iiave," says
this traveller, "renounced the use of speech, one of the
noblest gifts of God to man; and they attempt to live
in society, deprived of the principal agent of all socie-
ty.'' These fathers, whose number was about thirty
or forty, were almost all French or Germans. They
seemed to seek in solitude and silence a place of re-

.illi

IHK HlbiUKV

pose, which, however, soon ceased to satisfy thero.
The people, wiio are beginning to settle in this country,
are not disposed to encourage sucli exaltations. The
Trapists, weary perhaps at having so few witnesses
of their silence, and tired of a kind of perfectibility
which no one admired, have within a short time dis-
persed.

The Mississippi, one of the greatest rivers of the
universe, and which had for so many centuries only
served for the navigation of a few canoes, is already
equal in importance to the finest water communica-
tions in the world. From its mouth to the first cata-
racts, it traverses, in a course of fourteen or fifteen
hundred miles, lands of excellent quality. In some
spots, where its banks approacli near together, it flows
with a rapidity of lour or five miles an hour. It re-
ceives the Missouri and other rivers, which bring it a
prodigious quantity of trees that are torn up by the
inundations or by the ice. These waters depositc in
the plains a rich slime, formed from vegetables that
were decomposed centuries ago. Tlie river carries oil
the greatest portion of it to the gulf of Mexico, where
it is swallowed up and lost for reproduction. The accu-
mulation of this slime sometimes obstructs the channel
and alters its j)osition. The bed of the river successive-
ly rises in difiercnt places. TUc western or right banks
become higher than the plains which they are to defend
against the inundations; and these immense volumes ot
water are, with an admiration mingled with dread, seen
to move on, increase m bulk, overrun the bank?- and

UF LOUISIANA.

347

y llicrn.
country.
s. Tlie
dtncsscs
DCtibility
ime dis-

s of tlic
ries only
already
imunica-
rst cata-
>r fifteen
In sonic
, it flovvG
'. It re-
ring it a
[) by the
positc in
bles that
arries off
o, where
'he accu-
; channel
ccessivc-
;ht banks
to defend
jlunics of
cad, seen
nkir. un<l

inundate those superb valleys, the soil of which is
lower than the level of the shore. Unfortunately these
dykes, which are not capable of arresting the inunda-
tion, afterwards prevent the return of the water to the
bed of the river. The evaporation which comes on
in summer, without having any effect on the deep dc-
posites, increases the calamity, and the ground being
only half drained, stagnate pools are every where
formed, which render the atmosphere unhealthy, and
the country almost uninhabitable. Some elevations,
the work of nature, or of these very inundations, exist
beyond the strands which extend along the river. But
the waters reach even these little islands, and if a few
cultivators have dared to settle on them, they must with
their families and cattle hasten to sjain a height, from
whence they sec their houses and fields completely un-
der water.

This calamity, too general on the lower Mississippi,
will, for a long time, prevent improvements being made
proportionate to the extent of the country. Hut these
inundations will' one dav be chauiied into an artificial
irrigation; breaches will be o{)cned by the cultivator
himself for the waters to run olV after having deposited
on the land a fertile slime. Thus another Kgypt is
gradually forming. Th.c climate of lower Louisiana,
the immense river which runs through it, the sources
of which have been for so long a time unknown, its in-
undations, its falls, its embouchures, the neighbour-
hood of a gulf, will unite in rendering the resemblance
with the Delta and the Nile complete.

348

THE lUSTOKi

However, these sub-marine alluvions at its moutli
begin to obstruct it by a bar, which makes the entrance
of the river every day more and more difficult. To ob-
viate this inconvenience, it is proposed to open a ca-
nal from New Orleans to the gulf. Large ships will
be able to navigate it, and the undertaking offers ad-
vantages very superior to the expense.

The course of the Mississippi is twelve hundred
leagues, and the Missouri fifteen hundred, of the Ar-
kansas a thousand, and of the Red River seven or
eight hundred. These rivers and their tributaries wa-
ter two hundred thousand square leagues, within the
space of country called the basin of the Mississippi.
This internal navigation, prepared by nature, has al-
ready been wonderfully extended and improved by ca-
nals, excavated by the labour of man; and steam-boats
descend and ascend against wind and tide, brave tlic
most rapid currents with more speed, and with more
convenience than the finest roads in Europe can be
travelled. Wood and coal, indispensable agents in this
navigation, abound on the shores of the rivers, and the
steam engine has put an end to the difficulty of com-
munication, heretofore one of the greatest obstacles
that were ever opposed to the improvement of colo-
nies.

At the junction of the Mississippi and Missouri, the
lands lying towards the north-west are of admirable
fertility ; emigration already inclines there, and these
districts, though very remote from the sea, will one da}
be as well peopled as any other country of the woi'd

3 moutli
entrance

To ob-
;n a ca-
lips will
tiers ad-
hundred

the Ar-
seven or
irics wa-
ithin tlio
ssissippi.
, has al-
(1 by ca-
[ini-boats
•rave the
ith more
) can be
its in tliis
, and the

of com-
obstacle-s
; of cole-

30uri, the
dmirablc
.nd these

II one day
c wor'd.

OP LOUISIANA.

;il9

A vast plain and prairies extend beyond tlie Missouri
and Red River, following the base of the great chain
which separates tlie tributary waters of tlie Mississip-
pi from those which flow into the Pacific Ocean. This
valley is neither a perfect level nor mountainous, but
IS gently undulating; it is divided into spacious plains
where only a few streams ilow, the waters of which
are remarkably clear. The most abundant pasture-
grounds are there adorned with an i!ifiiiite variety of
flowers and flowering shrubs. Those who have tra-
versed this country have admired the beauty of the si-
tuation, the mildness of the climiite, the excellence
and purity of the air. Very few Indian villages are
to be seen; but there are numerous flocks of buffaloes
and wild bisons. These animals keep together in or-
der to defend themselves against the hunters, who only
succeed in killing the stragglers. There are sometimes
five or six hundred of them together.

This district is not subject to the sudden and violent
rains which between the tropics fall in torrents and
destroy the productions of the fields. The night and
morning dews are suflicient to rctiesh the land and to
supply with water a multitude of little trenches. But
whether it be the conseciueiice of several conflagra-
tions, or arises from some other natural cause still un-
known, large tracts of country are to be seen there,
so entirely without wood, that a settler couiu not find
on them the branches and bark necessary to construct
and repair his cabin. For man} days' journey not a
tree is to be found, and if the winds brinu; seeds there.

tl^'

:\rA)

THE HISTORY

if some of them begin to shoot up, they only produce
a feeble degenerate shrub. The excellence and depth
of the soil make this singularity inexplicable. The
country in question is scarcely inhabited. A pastoifi!
population will settle there, an agricultural one Mill
follow, and under the cllbcts of industry, it will no longer
have any occasion to envy the advantages of other

lands.

A few Europeans have already built some huts there.
They do not yet avail themselves of the plough; it ia
enough for them slightly to stir the mould, which l)a.s
been at rest for many centuries. They confide the
strain to it, which they then leave to nature, by whom
they are liberally recompensed.

On the two sides of the river Plate, are vast plains
of sand from a hundred to a hundred and fifty league'
in extent, where no indication of living creatures is to
be found. These arid regions bear marks of the pre-
sence of the ocean at a very remote period. It is be-
lieved that its waters have washed the base of tiic
Rocky Mountains, at the foot of which the desert ter-
minates.

To the south of this district, vegetation has resumed
all its vigour. The Kcd River and the Arkansas, in a
part of their respective courses, intersect these fine
countries so long uninhabited. The ridges from which
they descend are covered with forests. Every year the
inundations of the Red River tear up by the roots ami
carry away trees of an extraordinary size. They arc
heaped up on the rocks, which, in several places, ob-

OF LOUISIANA.

:jr>i

struct or contract the current of the waters, and they
have formed, even above the bed of the river, a natu-
ral vault, which is from twenty to twenty-five leagues
in length, in the direction of the river : it is not, how-
ever unbroken, but tho river reappears from time to
time. This accidental formation must have com-
menced several centuries ago; for a new forest has al-
ready covered the rubbish, and one may cross the river
on these bridges, and consider himself on the firm
^'round. The lower Mississippi presents the same sin-
gularities.

From time to time, subterraneous noises, like dis-
tant thunder, arc heard in the valleys i'.nd extend under
the bed of the rivers. Diflerent reasons arc given for
this phenomenon, but every explanation would be pre-
mature, till a greater number of observations are col-
lected.

The Rocky Mountains olier a still more extensive
field for conjecture. These peaks touch one another
at their bases, and form a chain which is more than
three hundred miles in length. The summit of the
largest is perceived at the distance of one hundred and
forty miles. Their steepness and entire nakedness does
not leave the least room for vegetation.

The clearing of the land frequently leads to the dis-
covery of considerable heaps of bones. Those remains
have belonged to a species of animals, whicii, accord-
ing to the accounts of them, must have been two or
iirec times larger than the elephant: the species is un-

'X)'2

TIIK mSTORV

known at this day, and seems to have wholly disap-
peared from the globe.

Mineral salt, of an excellent quality, is found in abun-
dance in a great many places at the surface of the
earth. In ascending the Arkansas, and at nearly two
hundred leagues from the great village of that name,
are the salt plains. A water strongly saturated with salt.
soaks thoroughly in the ground, and penetrates it during
the damp and rainy weather. During the droughts of
summer, it forms on the surface a solid and firm layer ol
salt of from two to six in^nes in thickness. Its quality
is equal to that which is obtained by artificial crystalli-
zation and evaporation. This inexhaustible treasure
is possessed by the Osages, who were for a long
while one of the most savage of the Indian tribes.
They plundered the caravans, when they were not suffi-
ciently numerous to defend themselves, and continually
alarmed the inhabitants of the frontier. In the mid-
dle of 1825, the United States concluded an important
treaty with them. By the terms of it, the nation of the
great and little Osages, cedes to the United States all
the country situated west of the territory of Arkansas,
and the state of Missouri, north and west of the Red
River, south of the Kanzas river, and east of a lino
drawn from the sources of the river Kanzas througli
the Rock Saline. This treaty, as well as several others
of the same nature, contain stipulations and grants ol
land in favour of a mixed race, the descendants ot
French and Indians,

OF LOriSlANA,

.'i.O.J

A part of the salt bed lias passed under the sove-
reignty of the confederacy. A day may come when its
products will be more useful, and as much sought after
as those of the silver and gold mines of Mexico.

The first phenomena observed in a country of which
only the rivers arc known, and in which the popula-
tion is confined to their shores, do not present any
great distinctions between the physical state of the
new and old world. They have, however, seemed suf-
ticicnt to render it doubtful, whether this other hemis-
phere has not emerged later than ours from the bosom
of the waters. The disorders which follow a great
natural revolution are so much the more evident on
the surface of this new continent, as human industry
has not as yet done any thing to cause them to disap-
pear. But, however this may be, a new career in
ail branches of knowledge has been opened to man-
kind, and we may predict that very extraordinary dis-
coveries await those who examine the interior of this
country in search of the productions of our globe, and
to study its revolutions.

Caravans of Americans crossing arid deserts, have
gone with wagons from the village of the Arkansas to
Santafe in Mexico, in twelve days. They have been
liospitably received by tlie Mexican officers. The po-
pulation of Santafe passed without the least disturb-
ance from the royal government to a republican con-
stitution.

In 1724, Charlevoix, the best historian of our disco-
veries in America, confidently asserted, that the metal-

.j.il

niF IflslOHV

lie riches promised in 1721 to tlio partisans of Jiau'?^
system, wcro not to be found in Louisiana. Chai-
Icvoix was probably mistaken. There arc some indi-
cations of jL,^old and silver mines, and if the prediction
of another traveller should be verified, this country, be-
fore the lapse of a century, will have returned to the
United States a hundred times the weight of gold
which it has cost them. Other metals of every kind
arc found in abundance in all the old and new states.
They already afford facilities for the developement ot
industry to a degree which Europe has only attained
by efforts prolonged through many centuries. Agri-
cultural riches, disdained a hundred years ago, arc
now estimated at their proper value, and they have in
a few years raised the inhabited parts of this country
to a high degree of prosperity. If the metallic trea-
sures had been realized, they would never have equalled
those which arc acquired by agriculture, commerce,
and manufactures. Twenty years of good government
have effected what ages could not have accomplished
under the prohibitory system. General and local inte-
rests have sprung up and made rapid advances. The
population, which, under an absolute government, wa-
stationary, has been tripled since the cession.

The lands are capable of producing every tliinn
useful to man, from articles of primary necessity, to
those of opulence and luxury. Louisiana has been en-
riched by the disasters of St. Domingo, and the indik-
try that formerly gave so much value to that island.
now fertilizes the valley of the Mississippi.

OF LOUISIANA.

JfiO

Since the end of the last ccntiny, tlio Louisianlans
liave begun to understand better the riclics of the soil
that tliey possessed: the sugar cane was then cultivated
in the gardens. The sugar now made in the ceded
territories is adequate to the consumption ol ahnost
jialf the United States. The other productions of the
territory have made proportionate advances.

The temperature of Louisiana is tliat of the coun-
tries most favoured by nature. The inconveniences
inseparable from new settlements, the dangers from the
neighbouriiood of the Indians, diminish in proportion
as the new population increases. The Indians have
even taken an active interest in an important branch
of commerce. It is through their means, that heaps of
furs of every kind are now to be seen on the quays of
New Orleans. The errnine, the martin, and the beaver,
are brought there from the higidands on the north
shores of the Mississippi, and the store houses in whicii
they are deposited, likewise receive the sugar, the to-
bacco, and the cotton, that are grown on the southern
borders of this river. New Orleans, which was found-
ed in 1707, and which languished for nearly a century,
is, after enjoying a free system for twenty-five years,
one of the most flourishing cities of America. The
increased facilities of its intercourse with Europe has
diminished the price of all kinds of morchundise that
the colony receives from thence, and it pays for them
by its own crops of corn, cotton, and sugar. .Some of
Its riches are obtained without etlbrt, viz. horses, cattle.

35(i

IMK IIISIOKV

! 5

t^c, wliicli only cost tlio trouble ol briiiguig them to
market.

TJie lands in t!ie interior, whicli were sold at an iii-
significant price under the French and Spanish domi-
nion, ac([uired immediately after the cession a consido-
rablc value. Ancient titles, forgotten for a century,
were searched for, and it was in the archives of the
French colony of the Illinois, that the descendants ot
Plulip Kenaud found the document contahiingthe great
grant made to their ancestor by the Mississippi Com-
pany. It includes the lead mines of St. Genevieve,
which are so abundant, that veins and heaps of the
metal are obtained by only digging a few feet in the
ground.

Other grants were made, while the colony was sub-
ject to France and Spain. J^ut the grantees, though
at first very eager, had subse(|ucntly neglected their
rights; as the lands soon acquired u high value under
the republican government, this indifi'erence ceased,
and the number of claims was rapidly increased.

The small planters, for a long time humbled by their
poverty, have since the cession been in the situation
which accompanies an easy independence, and the rich
ones have probably considered themselves lowered by
the elevation of the other classes. Their opulence and
a superior education had given them an importance,
which has diminished since Ibrtune and instruction
have been within the reach of all. Mechanics, rich in
consequence of their industry, capitalists and foreign

ters

Fren(

struc

the

does

hem lo

it an lu-
ll donii.
consiilo-
ccntiiry,
s oftho
ilants ot
lie great
)i Coin-
jiievievc,
IS of the
st in the

was sub-
5, though
ted their
ue under
ceased,
3ed.

1 by their
situation
j the rich
wercd by
Icncc and
portancc,
istruclion
;s, ricii in
d tbreiun

UF LOLIblANA.

:1;j7

merchants have assumed their place iii a chiss previ-
ously exclusive, and to these causes is perhaps to be
attributed the dissatisfaction of a few great proprie-
tors, whose influence has vanished. The inhabitants
of French origin have not as yet been able to amalga-
mate with the Americans. The two races retain their
habits, and carry this spirit of jealousy even into the
public afl'airs.

The population is likewise composed of Spaniards,
English, and Germans: the dilibrence of language and
customs keeps them separate. I5ut the public tran-
quillity is rarely disturbed, and liberty and equality will
one day make one nation of these [)copIe of heteroge-
neous origin. The race of the Indians alone persists
m keeping separate from all others. Families of them
appear from time to time in the capital, but they re-
tain their independence and their indolence; and though
still deprived of the enjoyments of the social state,
they have no longer as heretofore the advantage of be-
ing ignorant of their existence.

It is only requisite to pass from the left to the right
bank of the Mississippi, in order to find other customs
and inhabitants that may be ahnost considered as be-
longing to another species. The shepherds and plan-
ters of Opelousas and Attakapas are nearly all of
French origin. They are in general without much in-
struction, and still speak the French of the time of
the bucaniers; but the rudeness of their language
does not extend to their deportment: they are of mild
manners; hospitalitv is no where exercised with more

f'H

5lfi

l|4

3.08

THE HISTORY

cordiality, and the rusticity which is blended with i*
proves its sincerity still more fully. Here the luxury
of" the city has entirely disappeared, and the cloth-loom
is oftentimes the only ornament of the drawing room.

Those who are acquainted with Europe, and tin
numberless enjoyments which it offers to all ages and
ranks, know also with liow much wretchedness thid
luxury is accompanied. At Attakapas there is no mag-
nificence, and no poverty. All are happy at little ex-
pense, and on the same conditions. The dwellings
in this settlement are very much scattered, churches
are rare, and the number of priests is very small. It
is, however, observed that the people arc extremely re-
ligious. The head of the family is its spiritual pastor.
and the divine morality of the gospel is transmitted to
the future generation by the discourse and example ot
men who, for the most part, cannot read.

All the unsettled lands that had not been granted by
France or Spain became, in consequence of the trea-
ty, the property of the United States. They had
scarcely taken possession of Louisiana when they soul
out exploring parties in all directions to examine those
western regions, which geographers still distinguish by
the name of unknown countries or wild deserts. To
explore them, to traverse them was in some so t to ac-
(|uire the sovereignty of theui.

Jefferson immediately perceived how nnportani it
was that the United States should extend by laiid to
the shores of the Pacific (^coan. Some parts of itb
<.'0usts wore still undiscovered by European navigators.

dF 1,0L'ISI\.N\.

;i.')9

id with 1!
he luxury
;loth-loom
ng room,
and tli€
ages and
dness this
s no mag-
it little ex-
dwellings
, churches
small, ft
remcly rc-
:al pastoi';
smitted to
example ot

Trantcd by
f the trca-
They had
1 they sent
nine those
inguish by
scrts. To
so t to ac-

iportant il
>y land to
larts oi' itb
lavjgators.

or were not occupied by other powers : it is well known
that they all considered themselves in possession of
vast countries, when one of their officers erected, at
the place of landing, a llag-stalf, on which he wrote the
name of the state he was serving.

Two persevering and courageous men, Messrs.
Lewis and Clarke, were intrusted with the conduct of
the first expedition, which was attended with truly use-
liil results. As they ibllowed the course of the rivers,
their journey, including the return, extended to nearly
four tliousand leagues. A new world was in some sort
discovered, and the United States learned the import-
ance of their acquisition.

Another exploring party, under the direction of Ge-
neral Ashley, ascertained that it was possible to cross
the Reeky Mountains towards the sources of the River
Platte. The formidable barrier formed by this long
chain becomes lower in this place, and opposes to the
communication of the valley of the Missouri with the
Pacific Ccean no more obstacles difficult to surmount.

Conquerors extend their states by war: they distin-
guish their reigns by the blood of the men and the de-
solation of the countries which they subject. They
only leave after them the remembrance of tlisasters.
The republic of the United States is enlarged by scnd-
mjT 'reometers and men of science to a distance of
liftcen hundred leagues. It establisiies, without any ob-
stacle, the limits of its peaceable conquests, and se-
cures by good laws the lasting happiness of the com-

III!

;iG(»

r»F. niSTOR\

Itjs

munities that may settle witliin them, as well as that ot
the innumerable i»enerations that arc to succeed.

The decrees of the kings of Spain were the only
title of these monarchs to countiies where their sub-
jects had never yet penetrated, and which were five or
six times more extensive than all their European domi-
nions. These regions were only .« babited by tribes
separated by great deserts. The mother country had
intended to treat them with mildness. Its agents, how-
ever, too much disposed to believe that the trade of
furs and other merchandise, sold or exchanged with
the Indians, was their own patrmony, granted and
farmed out the privilege of carrying on this trade, and
those who obtained the contract abused it to the pre-
judice of the natives. The latter, instructed in this
school, became in their turn deceitful. Acts of vio-
lence, robberies, and assassinations were the conse-
quences of this bad faith.

The independence of Louisiana has re-established
the intercourse, which so bad a system of govern-
ment had interrupted. Rich cargoes of furs annually
arrive at St. Louis, which arc brought from the coun-
tries to the east of the Rocky Mountains by a river na-
vigation of twelve hundred leagues, and good faith ha-
restored confidence to these same savages whom fraud
had frightened awav.

France, in forming this colony, had imposed on it
all the shackles which the jealousy of commerce j-
capable of forging. She had even forbidden the rai?-

OK LOUISIANA.

361

\ng of corn. The Louisiana planters ean now culti-
vate their lands according to their own interest or ca-
price. They have themselves proclaimed the hapj>i-
iiess whicJi they enjoy: it was after an ex|)erience of
more than twenty years that the house of represen-
tatives expressed by a unanimous resolution, '• its ve-
neration for Mr. Monroe, and its gratitude for the part
which he had taken in the proceedings that united Lou-
isiana to the American confederacy.'"*

Mr. Jetferson, during his lifetime, received the same
marks of respect. This illustrious citizen having died
in want, the senate and house of representatives of
Louisiana, animated by a just sense of gratitude, came
to the succour of his family. [

Should any one suppose that he sees in the account
of so many meliorations a picture of the losses which
the cession has occasioned to France, wc would mere-
ly observe that our commerce with Louisiana has in-
creased tenfold since that colony has become indepen-
dent.

It was not, however, till it had passed through many
trials, even after the cession, that the country attained
this high degree of prosperity.

The peace of the Union, and more i)articnlarly that
of Louisiana was, for a moment, endangered by the
bold enterprise of one of those men, whom great qua-
lities seem to destine to the honourable service of their
country, but avIio, to satisfy the ambition by which they

I Bin

February, 1825.

t Appendix, No. lb

nil

'ill '(Wfll!

362

THF, HI.-iTOKV

arc led astray, disregard tlic Iiappincss of their native
land. Aaron Burr had aspired to the place of presi-
dent of the United States, and this active, enterprising,
and energetic man had balanced the party that sup-
ported Jefferson. The votes had been at first equally
divided between thcni. His wise competitor was, how-
ever, preferred.

Burr was one of the most ardent leaders of the rc-
pid)lican party. Hamilton, a distinguished man on tin
opposite side, knew the disorder of his affairs. He
happened one day to say publicly that Burr was a man
without principle; and, as he declined either retracting
or explaining his words, the latter challenged him to a
duel. Hamilton detested this practice, which has de-
scended to us from barbarous times; he went, however,
to the appointed place, saying to the witnesses, "' I wil!
receive his fire, but intend to fire in the air." He foil
by the ball of his adversary.

Burr, the murderer of one of the best citizens ol
America, returned to preside over the senate. But
this unfortunate event had destroyed his influence even
in the republican party, and, after the first four years
had expired, he was not re-elected. His affairs beco-
ming worse every day, he gave another direction to liin
cfTorts for re-establishing them. He announced, in
1805, a great plan for a settlement at VVachitta on the
shores of the Mississippi. He concealed under this pre-
tended undertaking a project which he had confided
to a few adventurers as indiscreet as himself. The
f'nited States were at pc; • •• witii all their neiahbour'

f4>

OF LOUISIANA.

363

!ir nat.nc
of prcsi-
jrprising.
hat sup-
t equally
ras, how-

)t' the re-
al! on the
lirs. He
as a mar.
ctracting
him to a
1 has dc-
howcvei.
s, " I will
He Ibll

itizcns ol
ite. B'U
nice even
3ui' years
lirs beco-
iou to iii^
unced. in
ta on the
r this prc-
confitled
eli: The
iiahbuur^

and Colonel Burr attempted to involve them in war
with Mexico, Vv'here the .Spanish forces were very su-
perior to those which the United States then had in
that part of the cntinent. The rumour had been
spread tiiat the Spaniards iiad crossed the Sabine, and
carried their arms into the territory of the United
States. Under this pretext, those who engaged in
the plot said that the honour of the country required
that reprisals should be made on IVIexico, and this de-
sign was but too generally approved in Kentucky and
Tennessee. It was there that Burr made his prepara-
tions to descend the Mississippi to New Orleans, to
pass the Sabine, and to march against the capital of
Mexico. He had found partisans even in New Orleans,
among whom was named Mr. Daniel Clarke, the same
Louisianian who had appeared at Paris at the period
when the cession was made to France. It was, indeed,
asserted that there w ere conspirators in the two houses
of conj^ress. The interests of the western states
seemed, in fact- to have assumed a new direction in
consequence of the treaty. One party had formed the
plon of a division of the United States, and asserted
that the line of separation was marked by the Allegha-
ny Mountains.

This plot, w hich had been for some time prepared,
assumed a grave character at the end of HiOG, and
too many important persons were engaged in it for it
10 remain a secret. As early as the month of Novem-
ber, Jefl'erson a[)prized the citizens of the Union that a
•riminaj expedition was prepared, that arms and ships

•< B

.11' 5f

M')i

nw. in.sioia

were collected, and oflicers commissioned. Tins vigi-
lant magistrate lound in congress and the several states
all the support of which he stood in need; and, in spite
ot" the efforts cf the factious, the plan of dissolving the
sacred compact of the Union was repelled by an almost
unanimous sentiment. It may, however, be conceived
that the danger had been imminent, since even the chief
justice, when Burr was indicted before the federal court
of Kentucky, dared not proceed with the prosecution.*

Far from being intimidated, Purr continued his pre-
parations, and embarked at Nashville on the 22d of
December, J 806, but he was arrested and brought to
Ilichmond in Virginia. Accused a second time, he
ultimately escaped a capital sentence by giving bail.
He did not appear to answer the indictment, and fell
into a sort of general neglect, from which his talents
might have raised him, had it been possible to forget
that he had once jeoparded the public peace. A (cw
years afterwards Louisiana was the theatre of events
of greater importance, which arc connected with this
history.

The United States had just made the world aware
that F^lngland had new rivals, and that the commerce
of the globe did not belong to her without competition.
Her apprehensions were increased after the cession ol
Louisiana.

The intluoncc of the violent crisis, which Europe ex-
perienced soon after that period, became so extended
about the year IJJOiJ that it was iinpossiblc that the

' November litli, 180G.

Liiitcd
ill her (
!icr isol
had be(
(jcnomi
France
j)lcs est
lions in
lound t
;ind pul
riic po
hdi vcs
obedieri
three b
ments.
was vcr
lion we
!o their
then ap
pccted
ihc rev
the thr.
nas tin
try of t
On r.
was dir
Amcric
new {)e
ill part

(

OF LOUISIANA.

:i6ii

Lnited States should not feel its cllbcts. England had
m licr orders in council proclaimed, without disguise,
her isolated and absolute maxims.* On all sides, she
had been ansvvcred by acts equally hostile, under the
denominations of ukases, cedules, and decrees; and
France invoked, in the name of all Europe, the princi-
,)les established at Utrecht, as the rules of the law of na-
iions in relation to these matters. The United States
•bund themselves involved in the general excitement,
and published their embargo and non-intercourse acts,
riic ports of the old and new world were closed to Eng-
ht'h vessels, as much on the principle oi" rej)risals as in
obedience to Bonaparte. England had to snfler from
ilircc bad harvests, which completed her embarrass-
ments. The price of all articles of the first necessity
was very much augmented. Manufactures and naviga-
lion were suspended, and internal discontents carried
10 their height. Tlie coalition of the maritime pou'crs
then appeared to her truly formidable: but two unex-
pected circumstances changed the aspect of aflairs —
the revolt of the Spanish colonics and the transfer of
the throne of l*ortugal to the I3razils. A new career
was thus opened to the policy, navigation, and indus-
try of the English, and they entered on it with ardour.
On recovering their liberty of action, their attention
was directed to the cond\ict, far from generous, of the
American government. The profits obtained by this
new j)eopic, in the trade which they carried on with
ill parts of the globe which were then accessible to

* OrdiMS ill ((iiiiifil (if ISiir.

)iM

\l^-

;ibi)

Tin: msTouv

tlicir seamen, made llie Kiiirlisli anticipate and drcui
the period when liieir marine uould no lon<'cr be able
to sustain an une((iial stnii{gle, and connneicial jealou-
sy was revived more actively tiian ever. Tiieir elForts
were not ineflectual, and two years sufllced, it* not to
restore to England all her preponderance, at least to
enable her to rcassunie a high rank among the powers
ol'tlie world.

The Frencli forces had evacuated Portui2;al: thcBri-
tish arms had obtained signal advantages in the Fcnin-
sula. llus.'iia had emaneipaled herself liom a yoke too
hard to be endured: 'Sweden had not incurred the dis-
grace of it. Other powers, it is true, still appeared to
bend under the triumphant arm of Napoleon: but tlicy
assisted him with rcluclancc, fully determined to tiiiii
their forces against iiim on the first iiivourable oppor-
tunity: and he alone seemed to be ignoraiit of their se-
cret understanding with iiis declared enemies. It was
then that the English ministry, tran(]uil on the side oi
Europe, supposed that the moment had arrived for re-
covering the ascendency that they had possessed in
America.

Cc'mada. conijucred by England fiity years before, tor
fhe advantage of her thirteen continental colonies, wa,>
useless in that respect since their independence. Closed
to navigation by the ice during a part ol the year, and
too remote from the English colonies in the gulf of
Mexico, it was f.ir from occupying the place of tlio?c
tliirteen provinces which were accessible to vessels at
all seasons, and wliich wc^'e ^ich in grain, in cattle, and

OF 1,IJIM>I V.S V.

and drcfui
cr be able
ial jcalou-
icir cllbrts
i, it" not to
at least to
he powers

il; the J)ri-
the Pcnin-
a yoke too
cd the dis-
[)j)carcd to
II : but tlicy
ed to turn
ble oppor-
of tlicir SO-
DS. It was
tlic side ol
ivcd for rc-
)sscsscd ill

before, tbi
lonies, wa-
cc. Closed
e year, and
Lhe cull ol
:c ol' thosc
) vessels at

cattle. aii<'

111 timber lor ship bnibhiig. New Brunswick was slowly
peopled. Nova Scotia, oiu* ancient Acadia, was without
doubt of great importance on account of the port of
Halifax. Hut these countries, a feeble counterpoise to
the United States, showed no small disposition to ren-
der themselves independent. The means best calcu-
lated to connect them in interest with the mother coun-
try, was to detach Louisiana from the confederacy, to
limit the United States to the Mississippi, and i)crliaps
to realize the great project formed by Louis XIV., of
uniting Canada to Louisiana.

The conduct of the French government had not a
little contributed to strengthen the English party in the
United States. The right of capturing and confiscat-
ing property, which Napoleon attempted to exercise, a
light till that time unknown, was not directed solely
against his enemies: it reached the mercantile marine
of all the powers that did not effectually resist the ar-
bitrary rules of the English maritime code. According
to this code, merchandise belonging to neutrals, found
in an enemy's ship, was not acquired by the captors of
the vessel. But if merchandise, the property of an
enemy, was found on board of a neutral vessel, it was
good prize. This jurisprudence, which the simple no-
tions of justice do not recognise, was in every way con-
formable to the interest of a people that arrogated to
themselves the empire of the sea. In this competition
of injustice and hatred, the mo^t extraordinary acts on
ihc part of the two governmenis succe^^^dcd one anotlier.
Hiev ordered cxiiburgocj'. and de<;lavo4 v<>utrubund ah

mfi

' ' I ,,

A'i

!iii

:|ii^!

:i{)'ii

Tilt, lIlMoia

merchaudisc that was not j)rotcctod by Ibnnalilics dil-
licult and soinctiincs even iiiiposwible to be executed,
A remedy was in vain sou<^ht ni niodilications; the lir.si
measures were clianged or revoked, but tlie revocation
was accompanied by conditions that only made the si-
tuation otthe navigators worse.

To tlie peaceable and useful intercourse by sea, wlndi
should be open to all nations, universal piracies were
substituted. The most iFUiocciit navii!;ators were vie-
tims of these excesses. The exceptions aggravated
the evil and augmented the general loss to the prolit o!
a few. Licenses, ccrtiticates of origin and pcrnii."
sions to trade fraudulently with the enemy, on con-
dition of exporting certain domestic productions were
granted. The enemy, in its turn, prohibited the Jii-
troduction of these articles; but the cargo was tiieu
composed of merchandise of no value, and thrown
into the sea during the passage, so that both the or-
der to export and the prohibition to import wer(
obeyed. New laws, in contempt of the rights of ncii
trality, subjected to confiscation every neutral vessel
that had any intercourse with the enemy, and at the
same time the ships of the bclligerants constantly went.
under false colours, from the one country to the other.

During ten years of war, more than twenty thoubaiu!
licenses were annually granted.* ik\t cupidity sooii
drew greater advantages from these inventions, and ii
has been stated, that the oflicers in London and Pari.--

* The Ucpui t o!' the. Duke of liassano of the lUth of Mairb
1810.

■i

OF LOUISIANA.

309

uilitics (lil-
executed,
s; the lirsi
revocation
Lidc the .SI

sca,Avhn;li
acies werr
5 were vic-
iHgraviitod
lie j)rolit o!
id pcrnu.^-
y^ oil cou-
tioiis were
;cd the ill-
I was tiicn
iid thrown
:)th the or-
iport wer(;
hts of iicii-
itiai vessel
and at the
;aiitly went.
the other.
y thousand
lidity soon
ions, and u
and Pari.-

nil of Marfb-

tiad at last such n porfnrt mutual nndcrstandinir, that
this coinmcrcc, whicli had become in a manner reiru-
Ifir, even in the midst of hostilities, only alVorded pro-
fits, which were faithfully divided amon^f the subordi-
nate ofticer.s employed in the transaction.

The imperial government, indeed, conceived the idea
of benefiting the treasury by those fraudulent transac-
tions; but England denied herself this source of reve-
nue, and prohibited these deceitful practices. What
had never before occurred, she forbade tiic trade in her
own production.'^, and the licenses, instead of being a
protection, aft'orded sufficient grounds for pronouncing
the confiscation, when a cruiser found them on board
of its prize.

At the same period, the Amorican.s protiessed and
practised rules whoso justice and moderation are ad-
mitted by all who have meditated on the laws of na-
tions. But, after having enjoyed as neutrals the pro-
fits of a commercial navigation, that was almost uni-
versal in its extent, they became the principal victims
of those violent proceedings. The number of vessels
which they lost in less than eight years is estimated at
two thou.sand five hundred, of which five hundred and
thirteen arose from prizes made by the French, and
nine hundred and seventeen from ca^ lures by the Rng-
hsh. The others were the prey of the allies of the two
belligerant states.

Such was the deplorable condition of the commerce
of the Americans at a time that they desired to be at
peace with all nations.

iliit
ill I

I ;l

IMAGE EVALUATION
TEST TARGET (MT-3)

/^_

1.0

I.I

I4i»28 125

|50 ''^" ■■■

^ 1^ 122

ui Kg

18.

IL25 i 1.4

1.6

Hiotographic

Sciences
Corporation

23 WEST MAIN STREET

WEBSTER, N.Y. MS80

(716) 872-4503

€>

370

1 IIJ. UI>IOKY

The Kiiglish liad rnnsnd the Amonrans by putting
forward pretensions, with an arrogance, that was found-
ed on the false opinion that so feeble and timid an ad-
versary would not dare to make resistance. They at-
temi)ted to subject American ships to an examination
on tlie liigh seas, and even in neutral ports. They had
invented the new principle of an imaginrry blockade,
which all the navies in the world could not have rea-
lized. This rule, unknown even in the times of ex-
treme barbarism, was no longer limited to places real-
ly blockaded, or to the carrying of munitions of war
to an enemy; it embraced, by an absurd fiction, im-
mense countries,* and extended to the most innocent
communications with neutrals. France attempted to
repel it by a blockade equally chimerical, but accom-
panied by measures more ofTertual for excluding all
English merchandise from the continent. Napo'coii
declared that he would not permit any flag going from
the ports of F^ngland to enter those of France, and.
according to the British orders in council, no inter-
course could take place with France except through
the ports of England.f These two powers competed

* In May, 1H0(3, the continent from tlic Elbe to Brest was ile-
claioil in ;i stale of blockade.

t " Sutli,'" said tlic J}iiti:,h minister, Mr. Percival, "will be out
law of reprisals as lo)ij>; as the coiitiiuMital system is maintained.''
The principal secretary of state of His Hritannic Majesty was at
Paris in the month of May, 1814. This plenipotentiary, speakiii;^
of the crisis which England had just experienced, said: "Bona-
parte brought us within two inches of our destruction." He pro
bably made the same remark to others, as well as to the author ut
this hi«torv.

OF I.OUrSlANA.

37 J

f putting
IS lound-
id an ad-
Tliey at-
mination
Phey had
►lockade.
avc rea-
DS of ex-
-ces real-
is of war
tion, iin-
innocent
npted to
\ accom-
Liding all
»fapo'eon
ing from
ice, and.
no inter-
tlirougli
:ompcted

st was tie-
will be oiu
lintained."'
sty was at
r, speakiii!^
1: "Bona-
Ile pro
e author et

With one anotlier in infiicting injuries on tlic Ameri-
cans, in order to force them to dei)art from their neu-
trahty. The French envoy at Washington wislied
again to unite the two nations by treaty. The Eii<ir.
lish minister made similar eHbrts to effect an alliance
with his country, and, at the same time, increased the
irritation of the puuHc mind by the haughtiness of his
language and liis insulting proceedings.

Tlie Americans, liowevcr, foresaw that Kiighuid,
once reheved from her European war, would fall on
the United States with all her strength. Tiiey knew
that if the English principles should prevail, their ma-
ritime commerce, the most nourishing in the world, al-
ter that of Groat Britain, would be entirely ruined. In-
formation was daily received of new aft'ronts; they even
went so far as to press sailors from on board of Ame-
rican ships ot war and force them to spill their blood
for a cause which was foreign to them. The public
indignation increased. 80 many violent acts exciied
the strongest suspicions, and the best citizens were ac-
cused of treason. The truth is, that the government,
calculating on the duration of peace, had neither land
Ror naval forces; a few ruined forts did not present
even the phantom of a defence. To declare war sud-
denly against the English seemed a desperate resolu-
tion, and yet the government was induced to it by cir-
cumstances that became every day more serious.

The English in Canada, taking imi)roper advantage
of their proximity, had by means of presents and soli-
citations excited the savage tribes to lay waste the

III .,

ill

J72

im: HlalOHV

frontier. For several years a silent discontent liaU
been remarked in tlie nortliern states, and the separa-
tion of the confederacy, which had been so long a
source of only distant appreiiension, became every day
more to be dreaded.

Powerful states have no more solid foundation foi
their greatness and prosperity than justice and mode-
ration. These rules, at the same time so useful aiiJ
of such easy application, and which in consequence ot
their very wisdom have become common-place, were
particularly adapted to Kngland, where so many pub-
lic men invoked with good faith the laws of efjuity and
respect for treaties and the rights of others.

The practices of the governor of Canada will tlicii
be learned with astonishment. Under the pretence o!
good neighbourhood. Sir James Craig attempted to
kindle civil war in the United States. ■ An able and
bold intriguer, by the nmw of Henry, succeeded in
gaining the confidence ol .. .s governor. Craig sent
him to Boston and the northern states, in order to en-
gage in a plot some persons of consideration among
the federalists.

He instructed him to observe the parties, so as to
form as correct an opinion as possible respecting the re-
sult of an open struggle between them. He was to ne-
glect nothing to eflect a schism, and to ascertain whc^
ther the federalists would, if it took place, apply to
England and be disposed to unite their interests with

-January 26tl), 1S09.

that pi
precau
corresj

by me,
uny c(
make
which,
at Que

Hen

portan
!iG had
assurai
of that
Canad
they ni
his arr
the int'
he wri
agains
ancc ^
gress (
The
Persu£

Ob LOLIsI.VNA.

:i7

tent Imd
3 sepfira-
3 long a
ivery day

ation ibi
(1 mode-
sct'ul and
ucncc ol
ce, were
any pub-
luity and

ivill tiieii
3tence o!
nptcd to
able and
leded in
•aig seni
er to en-

a among

30 as to
g the ic-
IS to nC'
ain wlie-
apply to
sts with

that

He liad beci

idcd with a cipher, and

power.

precautions were taken to secure the secrecy of the
correspondence. Craig even signed instructions, and
Iclivorcd to him a sort of letter of credence, which he
was authorized to show to those who were sufficiently
open in their communications to merit such a mark of
fonfidencc. It was couched in the followmg terms: —

•• (Sf. Aj,.) The bearer Mr. .John Ifcnry is c^^ployed
by me, and full confidence may be placed in him for
my communication which any person may wish to
make to me, /// the bushtcss commitkd to him. In faith of
which, I have given him this under my hand and seal.
at Quebec, this 0th day of February, 1800.

'•J. H. CiiAic."

Henry, thus empowered to act, commenced his im-
portant mission. In less than a month, he conceived that
he had made sufficient progress to give the governor
assurances that, in the event of a war, the inhabitants
of that part of the state of Vermont, which borders on
Canada, would refuse obedience to congress; and that
iliey might be considered allies of Great Britain. On
his arrival at Boston, his hopes having increased with
the information that he had collected on the journey,
he wrote to him that Massachusetts would declare
against the general government, and that open resist-
ance would be made by the establishment of a con-
gress of the eastern states.

The agent pursued his design with some address.
Persuaded that as the northern states w'crc devoted to

t hn

^ \

371

IHF, HISTORY

commerce, and those ol' the south were agriculturai.
such discordant interests could not fail to separate
them, lie concluded tliat whether they were enemies
of England, or on good terms with her, a dissolution
of the confederacy could not but be favourable to
the policy of the l^ritish cabinet. He saw in it tin;
guarantee of the preservation of (Janada and Nova
Scotia; and concluded thfit the jealousy of the two
parties would ultimately render the induence of Vav^-
land so powerful tl:at the states, though free in name,
would in fact be dependent on her. " Another revolu-
tion,*' said he, " must be brought about in this coun-
try, in order to overturn the only republic whose v\-
istencc would prove that a government founded on po-
litical equality could secure, in the midst of tumuli-
and dissensions, the happiness of 'x nation, and b(! in
a condition to repel foreign attacks. It should then
be the particular object of Great Hritain to fostoi
divisions between the north and the south, and extin-
guish any remaining attachment for France. By suc-
ceeding in this, she may carry into eflbct her own pro-
jects in Europe, with a total disregard of the resent-
ments of the American democrat?. Her superiorit\
at sea will enable her to dictate to the ship-owners of
the north, and even to the agriculturists of the soutli.
whose productions would be of no value if our naval
forces prevented their exportation."

A part of the predictions of this emissary were sub-
sequently verified, and, when war was declared, Ma?--
sachusetts mfnsed to put her militia at the disposal of

i)b" I.Ol ISIANA.

;{7;»

iculturai.
separate'

enemies
ssoliition
irablc lo
in it tlif;
nd IS ova

the two

of En";.
in name.
r revolu-
lis coun-
horso cx-
j(l on po-

tunnih-
nd be in
}uld tlioii
to Ibstci
lid cxtiii-

By suc-
own pro-
e rcseiil-
iperioiit}
iwners of
lie soutii.
m naval

/ere siib-
cd, Ma.^-
^posal of

liic United States. H<

atriotic sentiments in

/ever
llic end prevailed, eveu among the iederalisls, and
Henry at last discovered that the menaces ol" separu-
tioii could never be realized.

Alter having resided five months in the United States,
lie returned to Quebec, only bringing back iiom his
journey the information, little favourable to the Eng-
lish system, that the love of country and of liberty was
the governing principle of the whole population. His
mission was without result: lie had compromitted tlic
governor of Canada, and as his promises were not ac-
complished, his employer seemed little disposed to
fulfil those that had been made to him.

Jlenry valued his services at ;J2,()()0 pounds sterling.
Craig heard his reclamations, but, obliged to fail in
his promises, he induced him to apply to the Bri-
tish government. At J^iondon, ho was told that the af-
fair concerned the governor of Canada, and that he
should be recommended to the successor of Sir James
('raig.

But good ollices of this sort arc almost always bad-
ly requited by a successor. Henry understood that
the British government wished to get rid of his impor-
tunities, and wearied with ineffectual solicitations, and
irritated at the contempt with which he was treated
he conceived the project ol taking vengeance of those
who had deceived him. He came lo Washington in
1H12, and discovered to the American government the
whole secret of his mission, placing in its hands the

J7ti

IHK HI^.TUKV

original ilocumcnts,whiclitlie English niniisters had in
vain attempted lo withdraw from him.

By bringing forward the charge himself, he became
})rotectcd from all judicial prosecutions; but it was ol
such great importance to tiic United States, that Pre-
sident Madison did not hesitate to communicate it to
the senate. He had, at the same time, the prudence to
avoid all investigations and proceedings which could
compromise the Americans who had engaged in cri-
minal communications with Henry; and he confined
himself to establishing, "that Great Britain had, in
the midst of peace, and of amicable professions lor
the United States, attempted to bring about a dissolu-
tion of tl Union, and to involve their citizens in the
horrors of a civil war."' These facts, thus discovered,
were made public through the journals. To divide
the states into two factions, and to excite a civil war
was the greatest oflence which it was possible to com-
mit against them.

The English minister at Washington solemnly dis-
claimed having had the least knowledge of the mission
of Henry, and expressed his conviction that from what
he knew of ikosc branches of his government^ with whicli
he was in the habit of having intercourse, no counte-
nance whatever was given by them to any schemes hos-
tile to the internal tranquillity of the United States. 13ut
the very form of this justification badly disguised hostile
projects, and the hand of the English always appeared
in every circumstance, where they could have any hope

of dct
of whi
discov
party,
from a
(Tovcri
those
with t
comm

VVai
June,
cong;(
tho pe

Fro
forts tl
neglec
and pr
they w
vernm
thing
their s
facts t
comm
aggrai
tible V
of the
stance
have ;

OF LOUISIANA.

3/ /

ers had m

2 became
; it was ol

that Pic-
cate it to
udence to
lich could
Dcl in cii-

confined
ti had, ill
5sions for
a dissolii-
!ns in the
scovered,
■"o divide
civil war

3 to com-

mnly dis-
e mission
om wiiat
th which
) countc-
mcs hos-
tes. But
id hostile
ippearcd
my hope

of detaching from the Union countries, tJio acquisition
of whicli would lor ever strengthen their power. This
discovery gave extraordinary strength to the republican
party, and the partisans ol the j)arcut state, relieved
from apprehension by the prudent resolution which the
government adojited of making no inquiry respecting
those who had taken part in Jfenry's intrigues, united
with the true friends of their country. The oflicial
communications ceased on the 0th of June.

War was declared a few days afterwards, (18th of
June, 1812,*) and this resolution was less the work of
congi'ess than the consequence of the resentment of
tho people.

From this moment the Union made incredible ef-
forts to obviate the inconveniences occasioned by long
neglect. Congress, to all the dispositions of vigour
and prudence required by the circumstances in whicli
they were placed, united means which Eurojieun go-
vernments do not always employ. They concealed no-
thing from the people with regard to the dangers of
their situation, and proved to them by a multitude of
facts that England, considering the United States as her
commercial rivals, also regarded their happiness, their
aggrandizement, and their independence as incompa-
tible with her prosperity; in a word, they informed them
of the causes and justice of the war, with the circum-
stances of wiiich the most inconsiderable citizens might
have acquainted themselves as fully as the ministers at

* Appendix, No. ir.
•IS

1 i :M5>.

37a

IIIK IlIfllOR^

the head of alFairs. l*iil)hc si)ecclic?<. pninph1et.«, ami
newspapers exposed, with pi.Tfect sincerity, tlie luolivci-
for liaviuii recourse to arms, and tlic necessity of a \i-
jjorous defence. Kven tlie instructions that hnd hecn
given to tlie envoys and ministers were made puhlic,
From tlic simple htl)0!!-'»- <<> tlic lirst mui^istrate. tVoiii
the admiral to the mo.^i i... i^nificant sailor, all knew
that tlie dearest interests ol" their eonniiercc and na-
vigation were in ([nestion,and this appeal to the honuui
of the flag was for them neither vain nor deceptive: it
expressed a sentiment truly national.

The Knulish fj^overnment at first directed its attcii-
lion to Canada, and made arrangements for assuming
the offensive. It also turned its views to the ea:-;tcni
coasts of the Union. Tiie Americans, on their side.
had been fully aware that it would be impossible for
them to resist the efforts of so formidable a power
without a great change in tfeir naval tactics, and tlicy
had entirely reformed their system of ship building.
They had increased the size and force of their frigates
the calibre of their guns, and strengtiiened their crews
in proportion.

It is well known with what violence this war wa.t
conducted on the part of the English. Slaves were
armed agninst their masters or carried off and sold to
the West India colonists; the Indians massacred all the
inhabitants of tlic frontiers who had delayed making
their escape; cities and defenceless places were given
up to pillage or as a prey to the flames. The result?^
of this struggle are also known. Europe, which hud

:.l tir.-
in e\<
astoni
naval
I'reque
rase \
The \\
fcdera
I'encel
Am
cxperi
has b
gates
icvcra
Lawrt
tostetli
jierior
But til
grcatc
wood
lake,
struct
lish si
planki
Cana<
eat
Th

great

• It

liou of
Ivin^sl

)IilctH, nm
10 iiiotivt'.-
ty of a \i.
liJid hccii
tic puljlic,
rale, IVoiii
, all kncu
) and iia-
ii; hoiioui
M'plivo: it

its attcii-

assuniiiiL:
ic earstcrn
heir side,
issiblc for

a power
, and they

building,
r friiiate.-.
leir crewb'

war wa-
ves were
id f^old to
ed all the
I making
)re given
)c rcsnlt^'
liich li.'iil

l)t' I,OLI:ilA\.\.

:i79

:d first seen iu tin; rosistattcc of the Atuenr.aMs only
an excess ol" audacity ami iniprud<>n((\ learned with
astonishment that tliev had appeared as equals in the
naval engaircinents, in which they were, mdecd, more
frequently the victors than the van(piishcd party. The
case was not tiie same on the American continent.
The war was not carried on with ability l)y either the
federal or Knglish armies. Canada remained in a de-
fenceless state.

Among a great number of faults, for which even iii-
e.vperiencc could not all'ord an ;ipology. the following
lias been cited. The entire frames of two lari^c fri-
gates were sent from r.iigl-.ind to (^Jiehec on board of
several vessels. 'I'liev were foruarded by the river St.
Lawrence to Lake Ontario, where they were to be {)ut
together and com|)leted. It was expected that this su-
perior force would easily destroy the American llolillas.
But the v,''ier party, on their side, built a vessel of still
greater strength. 'I'hey employed for the purpose the
wood of the fine Ibrests in the neighbourhood of the
lake. Only three months were re(pi!red for its con-
struction, and their vessel was sailing when the Eng-
lish ships were still in the yard without deck or side
planks.* England would have inevitably lost L'pper
Canada, if the Americans had not likewise eonmiitlcd
great faults.

The English themselves v.ere astonished at not ob-

" It was stated in |»arliamoiit. in .Fidy, 1828. tliat tlio tian«^|)<trta-
lion of the materials of ono of the two frigate's troni Mi'ircreai to
K.ii\^^stou ha.d (.'.'st oO.OiX' ixnuiO'^ 'iteiJin^-

'nHfl<

1. 1

I ;

3H()

TJir: uirfToRv

tainini,' any advantajrc over tlicir former colonics-,
when the aspect of alVairs in l^iropc entirely changed,
Tlicy had subdued Na|)oleon, their implacable enemy,
The numerous armies whicii Wellinirton had com-
manded were now unemi)loyed. Considerable forces
could at last be directed against the United States, and
brilliant successes were to efl'ace unexpected humilia-
tions. Until that time f.ouisiana hnd been at peace.
Admitted into the great confederacy a long time after
the war of independence, the Louisianians wanted that
glorious, though melancholy consanguinity, which re-
sults from victories obtained by connnon efibrts. They
unexpectedly learned that their country was about to
have its turn in the perils of the war.

The precautions required for defence had been still
more neglected there, than in any other part of the
United States. It was easily believed, that a peace
which had endured for a century would not be dis-
turbed, and New Orleans had, to defend it, only a few
men barely adequate to the purposes of police.

The English were aware of this situation of things,
but foreseeing that other states of the Union, that were
more populous and better trained to war might hasten
to the defence of the place, they formed the plan oi
keeping them back by combining an attack on the side
of Canada with the one which they directed by sen
against New Orleans.

England assigned fourteen thousand regular troops to
the expedition by the gulf of Mexico. Such a force
is consiidcrcd very great in that country, and the pil-

colonics.

changed.
Ic enemy,
lad com-
jIc forces
tales, and
1 huniilia-
at peace,
linne after
mted that
which rc-
•ts. They

about to

been stili
irt of tlic
a peace
>t be dis-
mly a few
;e.

Df things,
that were
ht liasten
e plan ol
n the side
3d by sea

troops to
1 a force
1 the PH-

OK LOl Ibl \.\.\.

iagc of New Orleans was announced to the army as a
magniliceut recompense for its (hinu;erH and toils. In
fact, the crops of cotton and other rich |)roductions
of these vast countries were stored in tliis city, it be-
ing the limit and cntrepiit of the navigation of the
Mississippi and Missouri. The Knglish, Ijowevcr, in
aiming at the conquest of Louisiana, did not announce
ihe intention of keeping it. Tiiey even pretended
tliat they only wislied to take it from the United .States,
in order to restore it to Spain at the price of a few
advantageous stipulations for their islands. It appears
more certain that they likewise calculated on the inac-
lion, and perhaps on the concurrence of the northern
states of the Union, where they still had partisans.

One would wish, that the history of a great and il-
lustrious nation should never recall any events unwor-
thy of its glory. But culpable, not less than glorious
actions, fall within the province of true history.

One circumstance, in particular, shows to what a de-
gree England conceived herself interested in wresting
from the confederacy, the countries which it had re-
cently acquired, and in preventing its dominions ex-
tending to the right bank of the Mississippi.

After the conclusion of treaties with the Indians to
arm them against the United States, the Eni^lish olfi-
cers sought one of those alliances which the law of
nations, the law of all civilized people, condemns.
British commanders had no hesitation in treating with
a community of pirates then well known, who, they bc-

i' :

ii ;ii '

3»2

Tin; uisioKV

licvcd, would oppose an additional oi).staclc to the na-
vigation and conniiorcc of ll»c Americans.

Till that time, the government of Louisiana iiad
neglected to take possession of some islands near the
Lake of Baratariu and the mouths of the Mississippi,
After having been for a long time inhabited by mere
jfishermen, pirates seized on them, and established
their quarters there. These sea robbers had as their
chief a man of the name of Lafitte; his bravery, his
activity, and his piracies, but too well recalled the ex-
ploits of the bucaniers who, a century before, had ex-
ercised their infamous trade with impunity in the gull
sea. They respected no flag, not even that of the
United States. In the course of two years, more than
one hundred merchant ships became their prey. Alter
having pillaged their cargoes and murdered their crews.
they burnt the vessels and kept the commerce of thcst
seas in continued dread.

William H. Percy, commanding the f^nglish forces
in the gulf, gave orders to Oiie of the officers on his
station to hasten to J^aratarja, in order to enter oii
negotiations with Laiitte.* If this chief refused to
commit hostilities against the United States, the officer
wap, while he stipulated at all events for neutrality, to
request him to join the English. Percy even wrote to
Lafitte to urge iiim, " to enter with his naval and mili-
tary forces, into the service of the king of England."

* Auirusi oOtli. 1814.

The s
them
Ed\|

cars,

banl^

vig'iii

of Lo

\nier

rcstor

oi' a

Amer

reign.

cienti

the sc

niaint

^ippi.

Laf
isiani.'
indigr
ing th
trcasc

Th
proce
tions
to re
great
in sig
sistan
with I
nhicl

tlic nu-

iuna had
i near the
ississippi.

by mere
itablislicd

as their
[ivcry. liis

1 the e.\-
I, had e.\-

the gull
it of the
iiore than
)V. After
:ir crews.
: of tho^c

ih ibices
s on hit
enter oii
ifuscd 10
10 olliccr
rahty, to
wrote to
ind niiii-
nglaud."

OF LOUImI\.>.\.

383

The skill of these pirates in the use of cannon rendered
them valuable auxiliaries.

F'dward Nichols, one of the principal English offi-
cers, in a j)roclaniation to the inhabitants of the left
biivl jf the Mississippi, promised them the free na-
viii^'ition of the river. Then, addressing the natives
of Louisiana, he said to thcn^i: "Put an end to the
American usurpation over this country, that it may be
restored to its legitimate proj)rietor. i am at the head
oi' a numerous body of Indians; \vc will make the
Americans return to the limits prescribed by my sove-
reign."' This was tiic same thing as saying in suffi-
ciently clear terms: "The dominion of England over
the seas of America is at an end, if the United States
maintain themselves on the right bank of the Missis-
sippi."

I^afitte and his band, in which there were some Loii-
isianians, rejected these overtures of the English with
indignation. These men saw no dishonour in enrich-
ing themselves by plunder, but they had a horror of
treason.

The government of the state was hiformed of these
proceedings, and, having no knowledge of the disposi-
tions of the 13aratarians, considered it to be its duty
to reduce them by arms. A flotilla, collected with
great despatch, sailed from New Orleans, and was soon
ui sight of Barataria. The pirates prepared for re-
sistance; but vigorous demonstrations inspired them
with so much fear that they abandoned the nine ships
wiiich coiijposcd their marine. They dispersed, and

3«l

THE HISTORY

their storc-houpcs, vessels, and a considerable booty
fell into the power of the y\nicricans.*

Lafittc, who had escaped, wrote from his place o(
retreat to Governor Claiborne, and sent him the oii"i-
nals of the corre?;pondcncc Vviiii the British officers.
He proposed, at the same time, to surrender himself,
This confidence appeared to require tliat indulgence
should be shown to tiiis man and his party, and a par-
don, grounded on the services which he had rendered,
was announced to him, and a few months after grant-
ed in the name of the United States.

Congress, informed of the danger of T^ouisiana, di-
rected all its attention to that quarter. It had learned
to appreciate the importance of this province, and no
one would then have dared to repeat what some had
said at the period of the cession, that the territories
beyond the river w'crc only a troublesome burd mi. All
admitted that the object of England, when she under-
took to make this ( onqucst, was to limit the extent ot
the states, to balance their influence m tlie general
affairs of America, and to prevent their becoming a
preponderating jiower.

In the summer of UH 1, the English landed a few
troops upon the Spanish territory of the Floridas, and
all their movements announced an early attack on
Louisiana. There were in this state neither troops
nor a general; the local bank had suspended its pay-
jncnts. Love of country seemed frozen at the ap-

>^eptcmbor ^:otli. KSH.

OF LOnSlANA.

'MiCt

iblc bootv

5 place ol
llic ori"i.

li officers.

!!• himself.

ndiilgciicc

11 id a par-
rendered.

ter grant-

isiana, di-
id learned
:c, and no
some liad
territories

•CMl. All

he undcr-
cxtent ol
e general
:oming a

cd a few
idas, and
ittack on
er troops
d its pay-
; the ap-

proach of an army still intlatcd with the successes
which it had met with in Europe. To reanimate it re-
quired one of those men whose appearance creates
resources and raises courage. Such a man was found.
He was Andrew Jackson, a major-general in the Ameri-
can army. On his arrival at New Orleans, he was nei-
ther alarmed at Hnding great consternation there, nor
in learning that some English emissaries wevc carrying
on their intrigues in the very bosom of the legislative
a,ssembly. At the sound of his voice, committees were
formed, a city peopled with merchants and planters
changed in a day the habits of a century. An extra-
ordinary activity took the place of an inexcusable ne-
gligence. Expresses, arriving in succession from the
upper country of the IMississippi, announced that a po-
pulation of two millions of iidiabitants would not allow
themselves to be subdued, and that imposing forces
were about to descend the river. The decisive mo-
ment apj)roaclied. J^y the first day of December, the
Knjilish had on the coasts of ] Louisiana one hundred
and forty vessels of all sizes, among which were several
.fhips of the line, '^^riiey brought a numerous flotilla,
through difficult passes and the lakes in its neighbour-
hood, to within a very short distance of the capital.

In the mean time, the .'■juccour which had been pro-
mised and was expected at New Orleans, did not arrive.
The English, informed that this city had scarcely more
than two thousand men in arms to oppose to them, ad-
vanced towards it, and were, on the 2.kl of December,

at only four leagues distance. Calculating on fears

■i'j

3}Jb

I Itl", »il> J Olli

whicli no longer cxistod. and on their number.^, winch
could be at a nio.nenfs warning increased, they bud
taken none ot the precaution.s ibat prudence rc(]un'cs
in an enemy's country. Jackson proiiled by this secu-
rity. His little army was formed of Louisianians, re-
solutely determined to defend themselves with courage,
tliougbuninitiaied in war. of'Tennesseans, excellent riilc-
mcn, and a battalion of free coloured people, emigrant.-:
from .St. Domingo. This militia, of various origin, no
longer funned but one people. A battalion that w ishetl.
however, to retain the name of Orleans was composed
of men of the two nations. No rivalry disturbed their
good understandinii'. A detachment, marching' out ol
the city at night, fell suddenly on the enemy's camp.
killed four hundred men. and retired with little loss.

This bloody lesson warned the English of the neces-
sity of awaiting tiie reunion of their forces. The de-
lay aflbrded time to the Kentucky militia to arrive, and
on the 4th of January, IMI.^ they entered the city to
the number of two thousand two hundred and fifty
men, but scarcelv one-third of them had broufdit arm.;.
They were not, however, useless. An old canal, seven-
teen hundred yards in length commencing at a cypres,>
marsh, terminated ou the left bank of the ^Mississippi.
in a direction perpendicular to the river. These mcu
raised a rampart behind this canal, and called it Jack-
son's lines.

An express, sent from Quebec to the commander oi
the English army, informetl him that the severity of the
season, and the daniier of too luneh weaKcnina- the

)rs«, wliicii
tliey liiid
D requires
this secu-
^iiiaiis, re-
I courage,
illont rifle-
emigrant.-:
origin, no
It wished.
*>oijiposcu
'bed their
Mg out ol
rs camp,
c loss,
he neces-
Thc tle-
•rivc, and
ic city to
and filiy
;,dit arm,-,
al, seven-
i cyprcsi
ssissippi.
cse nicii
I it Jciclv-

lander ol'
ity of t lie
iiiuix the

or LUllMlANA.

:i87

Canadian army, would prevent the garrisons in that
country Irom ujakin.'i: the promised diversion.

On the 8t!! of" .January. 1 Ml."), tlie English, liaving re-
assembled all their forces with the exception of two
thousand men, who had crossed to the right bank of
the river, advanced in columns against the lines. A few
of the bravest reached them, after having made for
themselves a road by filling the ditch with fascines of
sugar cane. They were all killed. This day was to
decide the fate of Louisiana. Ten or eleven thousand
combatants began the general attack, at daylight, with
intrepidity, but with a rashness and improvidence for
which their chiefs were inexcusable. The fiic of the
Americans made terrible carnasfc in their cohnnns.
Ti'ey fell back a moment, but were twice brought up
to tiiC assault, thouuh without success, and the jjjenc-
ral-in-chief, Packenham, remained on the field of bat-
tle the victim of his in^prudcnt valour. The affair only
lasted an hour, in tliis short space of time the Kng-
lish lost nearly three thousand men. The Americans
experienced scarcely any loss. The defeat of an army
of fourteen thousand brave men, well disciplined, and
exercised in a long Fvaropean war. was the work of
four thousand militia, hastily levied, and armed with
fowling pieces, which to that day had never been used
lor the purposes of war. Their enemies, made ac-
quainted at their own expense with the energy and rc-
.sources of a free people, that defend their own fire-
sides, and, informed that the city was about receiving
now succours, feared that thev would soon have to re-

i I -,:;f

•m\

ini, 111:5 1 uK\

siat the population of the west, wliich Irom all quarters
was flocking to the common defence. Tiie diversion
made on the right bank experienced scarcely any re-
sistance on the part of the Americans, and yet it could
not second the principal attack on the left of the river,
The English seriously contemplated a retreat, and, on
the 19th of January, Lambert, who had become gcnc-
ral-in-chief, declared that they abandoned the expedi-
tion against New Orleans. 'J'hc campaign only last-
ed a month, but it settled for ever the fate of Lou-
isiana.

The Icgisi- ture of the state solemnly thanked the
troops of 1 ennessee, Kentucky, and Mississippi. Tiic
name of General Jackson was not included among
those to whom the approbation of the assembly ex-
tended. This ingratitude arose from the resentment
of a few delegates. At the moment of peril, Jackson
had made use of violence against several citizens; but
this disregard for the laws had preserved the province
and we cannot consider that as a crime which ensured
its safety. Perhaps he was even excusable, while the
public mind was still very much agitated, to pyolong
after victory the dictatorship that he had assumed. He
had likewise suspended the power of the legislature;
and this violation of the public rights is the one whicli
most keenly wounds and irritates a free people. Ho-
nourable marks of approbation, emanating from con-
gress, repaired the injustice; thanks were voted to
him, as well as to his army. The government acknow-
ledged, in express terms, that the dilficulties iad been

1 quartern
diversion
ly any re-
st it could
the river,
t, and, on
•nic gcnc-
c cxpcdi-
only last-
) of" Loii-

.nked the
ppi. Tlic
d among
imbly c.\-
!scntment
, Jackson
zens; but
province
li ensured
while the
> prolong
ined. He
[^islaturc;
»nc whicli
)lc. lio-
rom con-
voted to
acknow-
iad been

OF LOLlslANA.

.i»9

unprecedented, and that it would be unjust to use se-
verity against one who had secured, even by illegal
acts, the triumph of liberty.* Congress likewise ex-
pressed their high esteem for the patriotism, fidelity,
and valour with which the people of Louisiana had
defended all their political and social rights. They
praised the benevolence and humanity manifested not
only by the succours given to the wounded of the Ame-
rican army, but also by the generous care bestowed on
the prisoners taken irom the enemy.

Thirteen years aftorwaids, .Jackson returned to New
Orleans, invited by the legislature of the state, and was
received there v,ith joy and gratitude. Tlie period of
the election of a president of the United States having
arrived, some Louisianians endeavoured to secure him
the votes of the state. J3ut one of his best friends
thus combated the proposition: "Services in a parti-
cular department, however eminent, do not afford a
title to universal confidence. If we were asfain obliged
to defend our country, sword in hand, we would with
one voice call .Fackson to the chief command. But,
us we enjoy a profound peace, the suflVages of Lou-
isiana for the supreme presidency should be given to
a citizen endowed with the virtues ol" peace."'

During this important election, each j)arty jiuts for-
ward the pretensions of its candidate, and severely

* liCttcr from Mr. Dallas, actliij^ secretary of war to (ieneral
Jackson. Mr. John Qiiincy Aihiuis, now at tlie end of liis presi-
dential term, lias likewise bonic the same testimony to his ser-
vices.

I :; Jl j

:m)

THK IIISiORY

scrutinizes the lilb ot" liis competitor. Looking to tiic
violence of the animosities, some are alarmed, and
consider thcni tiie precursors of an approaching sepa-
ration between the northern and southern states. Hut
each party exists in the interior of all the states, and
the clamours are aj)peascd as soon as the new presi-
dent is named. Up to the day that we are writing, the
votes arc pretty equally divided between Mr. .Joliii
Quincy Adams, now president, whose re-election is
powerfully supported, and Andrew Jackson, eminent
by his great services. We shall know in a very shon
time whether the finalities of the warrior, and a cou-
rage superior to all obstacles, will be preferred to the
modest virtues which, with less (k/at^ have secured the
happiness of !hc nation. Ijut whatever may be the re-
sult of this domestic contest, the wisdom of the con-
stitution is a guarantee as well for the moderation of
the general as for the firmness of the ma^'strate.*

The English ministers were still ignorant of the re-
sult of the expedition against Louisiana, when they
opened at Ghent negotiations for peace: they were ter-
minated by a treaty which contains an implied renun-
ciation of that conquest even in case it had been made.
It was signed on the "iUh of December, 181 1, fifteen
days before the deliverance of New Orleans. The pre-
cipitation with which it was concluded left many im-
portant points undecided, and it was only in the montli

* General Jaclc'soii was elected picsiileul, and inaugurated in thai
olTice on lh.> A{\\ ol' Marcli. l.8'?o Tiiansl.

Ob LOLlblANA.

.{5)1

ng to the
tned, and
ling scpii-
tes. liiii
tatcs, and
icw prcsi-
riting, the
iMr. Jolui
lection i<
, eminent
very shoil
id a cou-
•ed to the
!cured the
be the le-
f the con-
eration of
rate.*
of tlic rc-
I'hen thev
were ter-
ed rcnun-
cn made.
1 1. fifteen
The prc-
many ini-
le month

•ated in tiiai

of September, I {{27, that .several new articles were sct-
Ucd by plenipotentiaries of the two nations.*

* Mr. (iallatin (llllill^■ liis missioii to Krisl.Mid in iy'2(I-r, con-
cluded f'jiir conventions uith tlio plt'nijxitL'ntiarics, spocially ap-
|)ointt'd to no;;,oliato w'nli tlie rnited States, namely, Mr. lliiskis-
son, to wlioni. on his ro,si;riiation in tiic sunnncr of 18;2rjMr. Grant
was substituted, anil Mr. Addin2;toii.

1. A convention, signed the l.U! •)!' November, lH'2t), by which
S5l,'2-4(),9(i()\\ere paid to the I'nited States in lieu oi their dcmandsj
under the 1st article of the treaty of (ihent.

The claims for slaves, Sic. taken away at the peace of 181.T, had
been referred to the K uperor of liussia, who j^ave in 18'2'2 an
.iward conformal/le to ihe American construction of the treaty of
(ilient; but new dilUcultics havin;^ aiisen in carrying- this dccisi .n
into eft'ect, it was agreed by the I'nited States to accept a gross
•liin, to be by them distributed to their citizens.

2. A convention, signed tlie (uli of August, 18'-2r, to continue ii»
force the commercial convention of 1815, originally made for four
vears, and extended in 1S18 to ten years from that time.

It regulates the trade between the I'nited States and (.ireat liri-
lain, including her possessions in the Kast Indies. Jiy its provi-
sions, as mentioned in a previous note, equality of duties is esta-
blished on American and Hrilish vessels in the respective ports of
tbo two countries. AN'e are also allowed to trade wilii the principal
:^i'ttlements in the East Indies, our vessels paying in tiic permitted
ports no higher or other duties than the most favoured European
nation. By the 9A article of the cummercial convention of 1827, it
IS competent for cither party to annul it, on giving twelve months'
notice.

3. A convention, signed on the same day vvitli the one last men-
tioned, to continue in force the third article of the convention of
1818.

By the article referred to, it had been agreed that the country
daimcd by eiUier party, westward of the Stuny Mountains, should
be free to both powers, without prejudice to their respective claims,
for ten years. The new convention, concluded by Mr. Gallatin,
• xtends indefinitely the term of joint occupancy, but contains the
?ame provision as die comuK'niul cnuvention, permitting citlier
party to put an end to it, on giving to the other twelve niouth^^'
notice.

' |l l>*v

i l>d( '. il

I-'! "sift.

:}92

Tin; rii>'i()io'

The war Imd cost many lives to the t\\ o conntni.-.
It added tlirec lunidred niiHions ol" dollars to the dc bt

An attempt was made, l)ut without success, to settle a iumiii.v
nent boumlaiy l)etwecri tlie United States and (ireat Britain cm ihv
Pacific Ocean. The tlistussion, h(»wevcr, induced the plenipoten-
tiaries ol' the two powers to phice on ie( uid '-taletnenis of their rc-
speitive chiiins, wliidi were aft;i(hed to tiie prot()c«)ls of their (.tL
and 7th conferences, and laid before coiiijress at tlic session nl
I8^r-S. As one of the principal points, on which the ri^ht of tin
Fnited States is maintainf^d, grows out of the Louisiana treaty, tin
sul)iect natural I V cunnccts itself with the present histoiv.

It is remarked, at th(,' commencement of the liritinh paper, thai
"from the 4i2d to the 41)th dej^ree north latiuidi'. the Tnited Staler
claim full and exclusive sovereij;;nty. (iridf liritain claivhs jio ex-
elusive HOvcrcij;)Uii orer muj pni'l'um of Ihaf Icrrifori/. Uvv pre-
sent claim, not in respect to any part, but to the wliole, is limittd
to a ri^ht of joint occupancy in conmon with other states, leaxiii:
the right of exclusive dominion in aljeyuMce.*'

The 49th degree of north latitudi* was proposed by the Ameri-
can government as a boundary in the spirit of comprtimise, it be
'uv<i conceived that the ^re!e^^i(>ns of the l^'iifed States exleiiil
much farther. 'Ihey r.rc, liowe\er, prevented i»y the conveiilioii
with Russia from forming sellleineuts nortii of 54 ' 40'.

The claims of the United States, as cxaminetl by the Ihitisi:
plenipotentiaries, result, 1st, from their own /^ro/^fr right: ^d. from
Spain, which power ceded to tliem by the treaty of Florida, all it-i

th of the 4;2d deiiree: od. fi'-.m France, to whom li

ngnis nor

United States succeeded as possessors of Louisiana.

(ireat stress is laid by Great Hritaid on the binding etfeet of tlv.
Nootka Sound convention, concluiied by her with Spain in IT'J'i.
and which allows access to the sulijects of both powers to places mi
the Pacific Ocean not then occupied. This argument is brough
forward as applicable as well \.o our title derived through ]iOii-
isiana, which province belonged to Spaiji in ITOO, as to that de-
duced from the Florida treaty of 1 811.). The Noutk;*. Sound con-
vention, however, expressly left the, sovereignty in abeyance, ami
is considered by us to have been oid} intended to regulate ilie coti
Dieting pretensions to tin; trade with the native-.

Our ( laims, as founded on the juier discovery and first occiipau
cy oi' the cc>unlry, ate also cuntestcd, ^vitU vhat justice may lu:

or i-oursi.vNA.

:i93

of Kngland. I'lio losses and oxponscs of tlic IJiiitcd
Slates arc C'stimat(^d at one liimdrcd and twenty mil-

M'oii by a rctVrpiicp U)thRstafoincnt.sor the ri'spoctive jjloiiipotciitia-
ries. The Ainorican title is farther sustaiiieil by the old charters
ol the Atlantic c<)h)iiies which eNteiKleil vvestwartl to the I'acilic
Ocean — l»v the settlement of the nortliciii l)(iiiii(huy of liouisiana
by the ( oniniissioneis under the treaty ol I'treiht ut the -4'.Hh de-
t;ice of latitude, and by the contiguity of tiie inhabited territory of
the United States.

It is Ifi be observed, though (he fact is overlookeil by the author,
wlien s|)eakin<j. at pa^e £1)0, of the ext(Misi(»!i (A' the American so-
vereiy;nty to the country on the I'acilic t)cean, that (..'ro/.at's }i;ra!it
liid not include the wiiole of Jiouisiana, oven as it was held by
Krance herself before the cession to Spain. The sources of the Mis-
sissippi were supposed in iri'2 not to extend beyond the forty-se-
cond dejrree. IiOui>iana was bounded on the north by liie Illinois,
then a part of (!ana(i:i, and on the we-«t by Mexic(», whose limits
were at that time understooil to be north of the forty-second dey;ree.
Consequently, no territory west of the Rocky Mountains was then
ijranted. But, l>y ar: ordoiuKDice of ITIT. the Illinois was annexed
to liOuisiana, and, after the acquisition of Canada by the Hritish,
the line of demarcation between their possei^sions and those of
France, west of Lake Superior, was fixed at the forty- mntU de-
gree of north latitude. Ily the convention of 1818 between the
I'nited States and (ireut lirilain, tl'.is boundary was recognised as
far as the Rocky Mountains.

4. Convention, signed 29th of September, 18'27, to regulate the
reference to a friendly sovereign or state, in conformity to the 5tli
art" Je of the treaty of Ghent, of the dispute relative to the north-
rjstern boundary.

The treaty of Ghent provides several commissions for fixing'; the
boundary line between the Ihiited Stales and (iicat Britain, as de-
fined in the treaty of 1783. and stipulates, in the event of the dis-
agreement of the commissioners f ll>e *wo powers, that tlieir re-
ports should be submitted to a .riendly soven-ign or state, whose
decision should be final. The case contemplated having occurred,
with respect to the part of the boundary embraced in the 5tli arti-
cle, the object of the convention of liondon was to settle the time
for appoiiuing the arbiter, and to simplify the duties to be re-

'i:ji'

H I

•ih

i'Sfl
mm

II*,

:ms^.

l|!

391

Tlii: III^ lOKV

lions of dollars, but the peace left them tranquil pos-
sessors and exclusive sovereigns of the Mississippi.

quired of liiiii, by substituting to tlio voluniiiiou»i papers in tlie con-
troversy, statements on wliirli a tleiision niij^Iit b(^ jounilctl.

The ratifications of this last convention, as well as of llie t\v(/
tonchided on tlie <'»tli of Au<;ust, IH 27, were excl)aiiji;ed at liomldi,
on the 2d of April, IS'IS, and, in pursuance of its provihions, noi^ii-
tiations were iinuuHliately thereafter conintenced between the Hri-
tish secretary of state and Mr. liiiwrence, the Aircrican charier
d'affaires, which resulted in the selection (»f the kin^of iheNethi'i
lands as soverei;j;n arbitrator, bofore whom the ([uestion of our north-
eastern boundary line i^ therefore now peiidiiin;.

The right of the United States to navigate the !St. Lawrence wa.-
also discussed between Mr. (iallatin and the British plenipotentia-
ries, but without the nej^otiations leadin^u; to any result.

The trade with the Hritish colonics formed the subject of a Ioiil'
correspondence between Mr. (i;dlatinand Mr. Canning, which wa?
continued with his successor, the Kail of Dudley. At the nejiotiatioi:
of the commercial treaty in 1815, it was the wish of the United State-;
to make the same arranjs^ements for the colonies as for the mother
country. This was then relusetl by Knj^land, though the propositiun
was subsequently brouj^ht forward, particularly at the conferenc(;>
of 1818 and 18^4, with well-<;;rounded expectations of the two par-
tics coming to a satisfactory understanding. In conse(|uence ol
the British act of l8'2-2, the trade, which had been for some time
closed by the operation of the previous regulations of the two pow-
ers, was opened to a modiiied extent. After the suspension, how-
ever, of the negotiations of 18^24, and before they could be re-
sumed, the British government passed the act of 1825, regulatinji,
the trade of foreign states with the West India possessions. Not
supposing that it was intended that this law should apply to u,»,
and having no intimation that we were to consider the suspended
negotiations as terminated, congress failed to comply with the re-
quirements necessary to entitle us to tlie provisions of the act ot
parliament. Taking advantage of this omission, an order in coun-
cil was issued by England in July, 1826, a few days before Mr.
Gallatin's arrival in London, closing the West India ports against
our vessels from and after the 1st of December following — a mea-
sure that was met by putting in force our countervailing proiiil'i-
tions, which had been suspended in 1822.

OF LOUISIANA.

aerj

1 Ii'^y were tlieiiccrortli autlioiized to calculate that
iiotliing could prevent the extension of their sovc-
rci«jnty to tlic NVustern Dcean. A settlement has
been formed on its shores at the mouth of the Colum-
bia River. The founder is M\\ Astor, who called the
post Astoria.

It is especially in the neighbourhood of the Missis-
sippi that indications of former French colonization arc
to be foimd. Ruins of forts and bastions which they
erected are still to be seen even on the Missoi.**!. In-
dian families, who allied themselves, a cciiturv a^o,
with a Norman or a Briton, boast of their origin, and
bear with pride the names of their ancestors. Those of
Iberville, Pontchartrain, Maurepas, and Jumonville are

It may be here romarkod tbat the course ])ursuc(l by tbe British
j;overnmeut, in relation to tbe colotiuil trade, ouj;htnot to be ascribed
to any proceedings on the part of ttie United States. The treaties
of reciprocity, concluded in 1824 uith several of the powers of
Kurojte, had made the ministry very unpopular with the ship own-
ins, and to j;;ratify that important interest it was deemed expedient
to exclude the Americans from the West Indies. In corroboration
of lliij assertion, it nsay lje added, that tliouj;h the act of parliament
of 1825, with the exposition intended to be given to it in Kngland,
was in no way l»roun;ht to the attention of our government, (with
whom a negotiation on the ^uhject was tlicn p«:nding,) it is within
the knowledge of the writer of tliis note that it was not only com-
municated to, at least one Kurojiean state, but that the power re-
ferred to was strenuously, though inetlectually urged, tlirougli its
minister in London, by Mr. lluskisson as well as Mr. Canning, to
comply with the conditions of the Briti;-h statute.

It is not improhable that, owing to the changes in the English ad-
ministration, since the date of the discussions witii Mr. Gallatin,
p.irticularly the retirement of Mr. lluskisson. an arrangement may
soon be made that will secure to the United States a participation
in the trade in (|uestion.— Tuansi..

!<I1

1 4^ •!■!.,

nil', Hi^-'ioia

preserved with a kind of gratitude. It is a similar lecl-
in<T which in the old states of the Union lias ^iven to
counties and towns tlie names of Hourbon, Luzerne.
Lafayette, Steuben. Louisville, and Fulton. The city
where congress sits, and a great number of district?^
bear t!ie name of \\ ashington.

To the south of the regions w^atered by the Kcd
Kiver, runs the Trinity, which traverses the province
of Texas. Tiiis country, for a long time considered
a part of f^ouisiana, remained by treaty in possession
of Spain: and the United States, as ambitious as old
monarcliies, regret having too easily abandoned it.

It was there, a few years ago, that some Frenchmen,
exiled from tlieir country, attempted to form a settle-
ment. The narrative of their misfortunes will conclude
my account of the cession of Louisiana.

The sudden and unexpected return of Bonaparte to
France from the island of Elba, had brouj.dit around
him half S that youth who, under this great captain,
had known no other glory than that of arms, and no
other happiness than that of triumphs and victories.
His party, hastily formed, incautiously brought toge-
ther, was soon crushed. Several chiefs, menaced b\
the tribunals, preferred exile to the dangers of a trial.
and retired to the United States. They were tlicrc
hospitably received. In March, 1817, congress grant-
ed them lands* on the borders of the Alabama, at tlic

* By the act of con^^ress ol" the Gd of M.-utIi, 1817, 9'2,l(i() acres
were |L!;iai)ted. on conditiuti of iiitrudiiciii^ tliere (he vine and olivf

iMi- 'm

OF I-OUISIANA.

milar reci-
s given to
, Luzerne.
The city
f districts

y the l{eii
) province
considered
possession
Dus as old
ned it.
rcncliuicii.
1 a settlc-
1 conclude

napartc to
lit around
:t captain.
>s. and no
victories,
ight togc-
:'naced In
of a trial.
'ere tlicrc
ess grant-
na, at tlir

1-3, .16(1 aciv.»
(.' and olive

confines of Florida, and the country of the Creek In-
dians. They fixed a very moderate price, payable in
fourteen years, and the grant of congress was a libe-
ral present disguised under the form of a sale. The
lands were well selected; the gift was worthy of being
offered by a iVce people to courageous, though misled,
men. But the grantees, iiabituated to military activi-
ty or to the leisure of a camp, novices in agriculture
and in the art of clearing new land, soon abandoned
their undertaking. Several of them retroceded their
portions, and dispersed. Others, while they removed
from Alabama, persisted in the design of forming an
agricultural settlement.

It was towards Texas that their expectations were
iLirned. Generals Lallemand and Higaud conducted
thither a small body of soldiers and labourers. The
hope of finding in this country another l*'rance offered
to them an attraction v/hich those who never have been
banished cannot appreciate. Tisey had advanced ten
miles within the territory, and acknowledged Lallemand
Jbr their commander. He supposed that he could sub-
ject to agricultural labour men who knew no other ac-
tivity than that of war. There were in the country a
great many wild bulls, cows, and horses. Came and
fish abounded, but the clearing of the ground is labo-
rious, and requires so long a time that it can never be
followed by a harvest within the year. Even on the
best soil one must expect to be opposed by the climate,
and an extraordinary drought ii!terru|)tcd their labour
md suspended all vegetation. 'J'hey were not. howc-

jiiiTlrl

mi
mil:

111

ill:

■'«4

■''"i^

mm.

398

THE HISTORY

I .II

ver, discouraged, and, while tliey waited for the season
to become more favourable, they lived on the provi-
sions tiicy had brought with them, and on what they
obtained horn hunting and fisljing. The natives had
received them kindly, and a petty traffic had been es-
tablished with them. Lallomand had given the name
of Champ ifAsilc to the post that lie had chosen. He
was beginning to fortify it, to prescribe regulations, and
to invite otiicr emigrants, when his feeble progress was
arrested by obstacles which be had not foreseen.

The Spaniards directed him to discontinue the clear-
ing of the land and his other labours, or acknowledge
the sovereignty of the catholic king. They even
marched in arms against Champ iVAsile. The little
colony was in no state of defence, and did not under-
take to make a useless resistance. These unfortunate
men, fugitives from their own country, were expelled
from a territory where the aborigines had received
them with hospitality, and which ought to have be-
longed only to those who were the first to occupy it
beneficially. This little community no longer exists;
its chiefs have perished, or their fate is unknown.

Texas is one of the finest countries in the world:
and yet the Europeans, eager as they have been to
make concpiests in America, have seemed almost to the
present day ignorant of its existence. The new inha-
bitants, notwithstanding their weakness, supposed that
they might take advantage of the troubles which agi-
tated Mexico, and in 1820 declared their independence.

The emijirants. who fly from the old w^orld in searcli

he season
ihe provi-
kvliat they
Ltivcs had
been cs-
thc name
>scn. He
-tions, and
igress was
cen.

the cleai-
:nowledgc
hey even
The httlo
lot undei-
nfortunatc
[) exj)elled
received
have bc-
occupy it
IQY exists;
:)\vn.

le world:
} been to
ost to tlic
new inha-
osed that
hich agi-
)endcnc('.
in searcli

OF LOUISIAXA.

399

of happiness in the new, expect to obtain it without et-
Ibrt. Ti)ey will not be disappointed in finding liberty
there, a^d they will become proprietors at little ex-
pense. But unless they are laborious, persevering, and
economical they will bo deceived in their hopes of for-
tune. Those who have preceded them have smoothed
for them a great many diff ilties. The country is now
known, the Indians arc either dispersed or little to be
feared. Lands of an excellent quality are soiu there at
the most moderate price. Congress would not be averse
to give them gratuitously to any one in a condition to
cultivate them, and this liberality would more certainly
contribute to render the state powerful and rich than
the price at which they are ceded. Property gives di-
ligence to the most idle, and perhaps this is the cha-
racteristic whicli most distinguishes American from
Kuropean communities. In the latter, families emerged
from servitude, six centuries ago, form at this day the
class of day labourers, justly so called, because they
OMiy labour and exist, as it were, by the day's work.
As they have no other property than the hoe and spade.
they make no meliorations: they experience frecpjent
privations, and are yet so in.providcnt of the future that
they give themselves up to repose and sloth wlienever
the provisions of primary necessity are at a low price.
In America, on the contrary, the new-comers can want
neither work nor wages. They have the example of
an active, enterprising i)eople, instructed in all the
useful arts. The emigrant is always kindly received,
and has noth.ins io fear but his own faults. \ ijood

i¥

mu,

JI<!i

100

IIK UISTOHV OF LOUISIANA.

carpenter, an industrious mason, a clever mechanic
see only the laws above them. No wlicre else do W(
find so much case and contentment, the fruits of indus-
try, of discreet conduct, and good morals. In all the
countries, whoso occupation followed the treaty of ces-
sion, scttlemeiits are formed, and are rapidly extending!.
The federal government watches over them till tlic
time comes for constituting tiiem states of the Union,
The protection which they receive renders them safe
from every aggression, and they will, in their turn, add
to the strength of the confederacy. Thus it has need
neither oi' war nor conquests to become powerful and
formidable. By reli^riously maintaining tiieir wise in-
stitutions, constantly observing the laws of their adop-
tion, never losing sight of the rules o\^ justice, but
making all their interests subordinate to them, the
United States will more effectually secure their pros-
perity and promote their glory than by battles or vic-
tories. Respected abroad, happy at home, fearing no-
thing as a nation, having little to desire as a people,
they will then enjoy all tlic blessings that were the ob-
ject of the revolution.

mechanic
;lsc do vv(
ts of Indus-
In all the
;aty of ccs-
cxtcndiiig.
im till the
tlic Union.
them safe
' turn, add
: has need
iverful and
r wise in-
heir adop-
istice, but
them, the
heir pros-
es or vic-
iaring no-
a people,
ce the ob-

APPENDIX.

ill W

l)li«>l.f'"

IRE

Tmi
in I

consi
ilcsir
ji'cts
the c
1 800,
tue o
betwi
liner I
aaid <
Inve
dent
cons(
liiste
jaini!
near
in th
bois,
ly es
cles:
Ai
atS<
hetw

'.'nitc

if II

APPENDIX.

No. I.

IREATV AND C()Nr\'FAriONS UK T UK F.N I'llF. I SITE D STATKS
AND THE FUKNCri UKIMIJI.IC.*

Ti'cahj hclivfct) the Frvach If (public and Ihr raited Stales, coHcern-
in'^ the. Cession of Loaiaianu, sii^ned at Paris the M)th of Jlpril,
180.3.

TiiK president ol the rnited Htatcs ol' 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 ob-
jects of discussion, mentioned in the second and fifth articles of
the convention of tlie Htli Vendemiaire, an 9, (.)()lh of September,
i8()(),) relative to the rights claimed by the I'nited States, in vir-
tue of tlie treaty concluded at Madrid the ^2rth of ()c*^^ober, 1795,
between His Catholic Majesty and the said United States, and wil-
ling to strengthen tiie union and fiiendship which at tlie time of the
said convention was hajipily re-establi>he(l between the two nations,
have respectively named their plenipotentiaries; to wit, the presi-
dent of tl\e United States of America, by and with the advice and
consent of the senate of the said states, Robert R. Livingston, mi-
nister plenipotentiary of the United States, and James Mcmroe,
jiiinister plenipotentiary and envoy extraordinary of the said states,
near the government of the French republic; and the first consul,
in the name of the French people, the French citizen Barbe Mav-
bois, minister of the public treasury, who, after having respective-
ly exchanged their full powers, have agreed to the following arti-
cles: —

Art. 1st. ^Vhereas, by the article the third of the treaty concluded
at St. lldephonso, the 9th Vendemiaire, an 9, (1st October, I80t),)
between the first consul of the Frcncli republic and His Catholic

■ The trcity m\A coiwctition ;ii-c f^ivcii from the American copies, and the
''n'ttcd StaUvj aic conscqucntlv nani'jd firi^t in tlicm — Tha>5.

flii;:

;li

■:^'- 'il

401

AlM'r.NTMX.

i^,S

Maji'stv, it was ,i";r('cd as follows: -'His Catholic ^fojostv promise-
aiul eiijfa^^es, on liis part, to retiocede to the Krciirh republic, six
months after the full and entire execution of the conditions and sti-
pulations herein relative to his Royal Hidmess the Duke of Parma,
the colony «)r province of Louisiain, with the same extent that it
now has in the hands of Spain, and that it liad when Fraiicc possebscd
itj and sucli as it should be after the treaties aabsc(iuently entered
into between Spain and oilier states." And, whereas, in pursuance
of the treaty, and particularly of the third article, the French re-
public has an incontestable title to the domain, and to the posseS'
sion of the said territory: The fir»t consul of the French republic,
desirin;;; to jrivc to the United States a stron<5 proof of his friend-
ship, doth hereby cede to the said United StateP, in the name ol
the French republic, for ever and in full sovereignty, the said terri-
tory, with all its rights and aj)purtcnances, as fully and in tlie same
manner as they had been acquir^'tl by the French republic in virtue
of the above-mentioned treaty concluded with His Catholic Majesty.

Am. 2d. In the cession made by the preceding article are in-
cluded liie adjacent islands belonging- to Louisiana, all public lots
and s{[uares, vacant lands, and all public bnildings, fortifications,
barracks, and other edifices which are not private property. The
archives, papers, and documents, relative to the domain and sove-
reignty of Loui^iiuiKi and its dependencies, will be left in the pus-
session of the commissaries of the ('nitod States, and copies will
be afterwards givet\ in due f(»rm to the magistrates and municipal
officers of such of the said jiapers and documents as may be ne-
cessary "^^0 them.

Art. 0. The inliabitants of the ceded territory shall be incorpo-
rated in vhe Union of the United States, and admitted as soon a?
possible, according to the principles of the federal constitution, t(t
the enjoyment of all the rights, advantages, and immunities of ci-
ti'/.cns of the United States; and in the mean time they shall h''
maintained and protected in the free enjoyment of their liberty,
property, and the religion which they profess.

Art. 4th. There shall be sent by the government of France a
commissary to Louisiana, to the end that he do every act necessa-
r}', as well to receive from tlie officers of His Catholic Majesty the
said country and its dependencies, in the name of the French lo
public, if it has not been already done, as to transmit it in the nanu-
of the French republic to the commissary or agent of the Unitcil
States,

\r'i'KM)i\.

IU.»

Aui ;»tli. ImmcMliatclyanpr the ratification of tlic present treaty
by tlie president of tlic I'nited States, and in case that of the first
consul shall have been pievimisly obtained, tiie coniniissriry of the
Krenth republic shall remit all the military posts of New Orleans,
and other parts of the ceded territory, to the comuiissary or coni-
inissaries named by the president to take possession; the troops,
whether of Krante or Spain, who may be there, shall cease to oc-
cupy any military post from the time of takinu; possession, and shall
be embarked as soon as jiossible, in the course of three months af-
ter the ratiiication of this treaty.

Aui". (Jth. The United States promise to execute such treaties
and articles as may have been ntireed belv ten Spain and the tribes
and nations of Indians, until, by nuitnal con^ent of the United
States and the said tribes or nations, other suitable articles shall
have been aj:i;reed upon.

AiiT. rth. As it is reciprocidly advanta;2;roiis to the commerce of
France and the United States to encouia;;e the communitation 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 contract-
ing parties, that the French ships coming directly from France or
any of her colonies, loaded only with (he i)roduce or manufactures
of F" ranee or her said colonies; and tlic shins ot" Spain coming di-
rectly from Spain or any of her colonies, loaded only witli tiic jiro-
duce or manufactures of Spain or her colonies, shall be admitted
during the space of twelve years in the ports of New Orleans, and
in all other legal ports of entry M'ithin the ceded territory, in the
same manner as the ships of the United States coming directly fro:ii
France or Spain or any of their colonies, without being subject
to any other or greater duty on merchandise, or other or greater
tonnage than those paid by the citizens of the United States.

During the space of time above-m 'tioned, no other nation shall
have a right to the san)e ])rivilr'^;es in the ports of ^he ceded terri-
tory: the twelve years shall commence three mnnllis after the ex-
change of ratifications, if it shall take place in France, or three
months after it shall have been iiotilled at Paris to the French go-
vernment, if it shall take place "in (he United States: it is, howe-
ver, well understooti thai the object of the above article is to fa-
vour the manufactures, (ommerce, freight, and navigation of France
and of Spain, so far as relates to the importations that the French
and Spanish -hull make into the said ports of the United States,

i()(l

AI'l'r.MtiX.

1,1

witliout 111 any suiL aflbctin'j; llu' r(';;iilalioPs tliai llic I'liiU'd M.Ui ■
may make; coiirciniii::; tlu' cxpoitafioii ot" llio proiluco and iin'i
cliandise of tlic rn'iii'd States, or any v'v^ht tlioy may Iiavt* to inak"
such rc<^ula(ioii>.

Art. Hill. In I'litiire, and foi' over aft(>i- the o\])iration of lli^
twelve years, the ships of Fiaiifc ^hall lie treated upon the tooting
of the most lavoiired nations in the ports abovt'-nu'iilioiied.

AuT. Dtli. 'I'he particular convention, sij^iied this day by the re-
spective ministers, having lor its object to provide for the paymeia
of debts due to (he citi/.ens of tiie I'liited States by the French re-
public, prior to the Mn\\ of September, 1800. (Sth Voiidemiaire, uii
;),) is a|)proved, ami to iiave its execution in the same manner as il
it had been inserted in the present treaty: and i( sliall be rr'^'iod
in the same form, and in tlie same time, so that the one siiall iin"
be ratified distinct from the other.

Anotlier particular con^elltioll. siu:iicd at tlie saint' date as tlio
present treaty, relative to the deliiiitivc rub' between the contract-
ing parties, is in tiie like manner a])|)roved, and will be ratified in
the same form, and in tlie same tiiiic. and jointly.

Aicr. loth. The present treaty sliall be ratified in good ami diu
form, ami tlie ratilications shall be exdiaiiiied in the space of sIn
months after the date of tiie signature by the ministers plenipoten-
tiary, or sooner if possible.

In faith whereof, the respective plenipotentiaries have signed
these articles in the French and Fiiiglish languages; declaring, ur-
verthelcss, that the present treaty was originully agreed to in the
French language; and have thereunto put their -eals.

l)(Uic at Paris, the tenth day of Floreal, in the eleventh year oi
Oie. f'r''iM:h republic, and the oOth of April, ISO.j.

TlonKUr R. I.I\IN(;STON.

lAMKS MONROK,

I5AHBE MAUHOIS.

nilt'tl M. Ur-
ic iUul lllcl

wo to make

tion of \\\r
I tlie rodfiii'^
lied.

y by tlio re-
lie payiiu'iii,
I Froiicli K,'-
k'luialix', ai!
iiamier as il
be rr'^'ied
nc sliuU iidi

date as tin
lie coutract-
i ratilicd in

jd and diu
)])aco <if SIN
})k'ni[)(itt'ii

lavo siiiiicii
clariii;^, lU'-
I to ill tin

ill til year ci

Al'I'I.M'l^.

No. -J.

jn:

> I'liniiliiiti lnlu'fni lln fnilid Slnh .-i af , Imt r'n n aiid tin i-'rciidi
Iffj)i'fi/tr, iif till .-.anil da/r irith I In jin ralurj; Tit ah/.

Viw. jHesideiit ol" tlie United Slates of America and tlio iiist
lonsid of tlie Krencli renidilie, in the name (d' the Freritli people,
111 consequence of the treaty ol" cession of Louisiana, vhicli has
been sii;-ned this day, wi-hiii'j; to regulate (lejinilively CAery tliinj;
which has relation to the said cession, have authori/.ed to this cl-
fect the plenipotentiaries, that is to say: the president of the
I'liited States has, by and with the advice and consent of the se-
iiatc of the &aid states, nominated for their jilenipotentiarie-, llo-
iiert It. Livingston, minister ])lenipotentiary of the United States,
and James Monroe, minister pUiiipotentiarv and envoy extraordi-
nary of the said I'niled States, near the governiiient of the Fi'ench
icpiiblic: and the first consul of the French republic, in the name
i)f the French people, has named as plenipotentiary of the sai«l re-
public, the French citi/.en Barbe Marbois, who, in virtue of their
lull powers, wliich have been exchanged this day, have agreed to
(ho loUowing articles: —

Aur. 1st. The government of the United States engages to pay
M tlie French government, in the manner specified in the following
articles, the siuu of sixty millions of francs, independent of the
-?um which shall be fixed by another convention for the paynicnt of
debts due by France to citi7.eii> of the I'nited Stales.

AuT. 2d. For the payment of the sum of sixty millions ol' Irancs,
iuentioned in th<; preceding article, the L'nitcd States shall create
a stock of eleven millions two lumdred and filly thousand dollars,
bearing an interest of six ])er cent, per annum, iiayable half yearly
ill London, Amsterdam, or Paris, amounting by the half year to
three hundred and thirty-seven thousand five hundred dollars, ac-
tording to the proportions which shall be determined by the Frcncli
government, to be paid at either place: the principal of the said
stock to be reimbursed at the treasury of the United States, in an-
nual payments of not less than three millions of dollars each; of
which the first payment shall commence fifteen years after the date
of the exchange of ratifications: this stock shall be transferred to
ihe government of France,, or to such person or persons us shaU be

Wyjk

\ri'K\i>i\.

aiillirtri/c'i lo icccive if, iti lliioc iiiontlis at iii(»si alter tliR cxcliiiiijic
dlllic ratilicalioiis of this treaty, and alti'r liouisjaiiu sliall 1)1- taken
possession »)!' in tlip name of tlie {government of the Tnited States.

It U fill (lier aj^reed, that il" the French j;-overinnent shoiiUl be
dosinuis ol' disposiiiji; of the said stock to lereive the caj)ital ii'
Kui'o|)t', at sliortfi- terms, tliat its measures t'oi- that purpose slial!
be laken so as (o lavour, in the j^rtatest (h'jijrtM! possible, tlie ciedii;
of the United States, and to raise to the hiyliest price tl»e said
s(otk.

Aur. od. It is agreed tliat the dollar of tlie I'nited States, spc
rilied in the present convention, shall be lixeil at live francs fVe'/o;
or live livres eii;ht sous tournois. Tlie present convention shall be
ratified in j^ood and due form, and the ratifications shall be ex-
chan^fed in the space of six months, to date from this day, or soouci
if poisible.

Ill faith of which, the res|)ective ])lenipoi('ntiaries have sinjiiot!
liie above articles botli in tlie French and Knulish lan,i>ua;i;es; do
daring, nevertheless, that the present treaty has been oriii;iiialIy
a<^reed on and written in the French lati<!;ua;5e; to which they have
hereunto aflixed their seals.

Doiu- at I'aris, the tenth of Floreal, eleventh year of the Freiic!'.
republic, (oOtli Apiil, ISO.n)

llOUKIi'i' U. UVlNdsTON, (L. h«.

.lAMKS MONHOK, (L. S.)

liAKHK MARHOIS, (F,. S.)

No. :j.

Convi'nlion lic/iccni the f/nilcil SfalvM of Amrficu iind the Frencli
lirpitblic^ also of the. sunir dale uilh the, Louisiana Trrafjj.

"i'lir, jiresident of the Tnited States of America and the first
consul of the Krencli republic, in the name of the Frencli people,
having by a treaty of this date terminated all ditncuUics rclativ
to Louisiana, and established on a suliil foundation the friendship
which unites the two nations, and being desirous, in complianci
\vitli the second and iifih articles of the convention of the 8ili Yen-
ilemiuire, ninth vear of the French republic, (oOtii September,

all hv takuii
liti'il States.
t should bo
e capital ii'
iiirpose (sluil!
I.', the credit
icu the sail!

States, spi.

,1 1 .1 1

tioii sliall Ijo
shall he ex-
»y, or soouei

liavo sij^iiod
i^ua^cs; do-
ll orii^iimlly
:h they liavi

' tlif; Kri!ii<;!'

\ (I-

t/ic Frrnrli
Tieahf.

kI the first
nch people,
ics rolativ
I friciiils!.'!!*
compliaiici
le 8lh Veil-
Scptciub'.M,

\I'PKM)I\.

10!)

ISOO,) tf) secure tlie ])ayiiicnf of tin; sum due l»y Krance to the riti-
/.eiis (d the I'liited .States, hu\e ies|)eetively nominated as plenipo-
tentiaries, that \% to say: the presideni of the rtiited Svates oF
America, by and willi llie advice and consent of the senate, llo-
Ijert R. [iivinj;ston, minister pleni|Mitentiary. and James Mtmroe,
)uinister plenipotentiary and envoy extraordinary (d' the said stales,
near the ^^overnment of the Kren* ii repuhli;, and the tir.-.t consul,
in the name of the French peoplf. liie Krencli citi/en llarbi'- Mar-
bois, minister of the public treasury: who, alter havio}; exchani^ed
iheir lull powers, have a::;reed to the I'ollowini; articles: —

Aur. 1st. The del)tsdue by France to the citi/.ens (d" the United
States, contracted before the Sili Vendeiniaire. ninth year of the
Frencii republic, (.>()lh September, I. SOO,) sliall be paid accordinj:;
to the foll(»win;>; reu;ulations, witli interest at six per cent., to com-
uience from the period when the accounts and vouchers were pre-
sented to the Frenili government.

Aur. iid. 'J'he debts piovideil for by the prece(lin<>; article are
those whose result is comprised in the ((Miji'ctural note annexed to
the present convention, and which, with the interest, cannot exceed
the sum of twenty miirnuis ol francs. 'I'he claims comprised in
the said note, which fall within the exceptions of tin; followinji; ar-
ticles, shall not be admitted to the benefit of tliis provision.

Aui. od. The principal anil interest of the said debts shall be
discharjfcd by the I 'nited States by orders drawn by their minister
plenipotentiary on their treasury; these orders shall be payable
sixty days after the ex( hani!;e of the ratifications of tin.' treaty and
the conventions signed this tlay. and after possession shall be <4iven
of Louisiana by the commissioners of France to those of the United
States.

AuT. 4th. It is expressly ai^reetl, that the luccediini; articles
sliall comprehend no debts but such as an- due to citizens of the
Uniied States, who have been and are yet creditors of France for
supplies, embargoes, and for pri/.es nuide at sea. in which the ap-
peal has been properly lodged within the time mentioned in the
said convention of the 8th Vendcmiaire, ninth year, (3()th Septem-
ber, 1800.)

Aur. atli. The preceding.'; articles sliall apply only, ist, to cap-
lures of which tlic council of pri/,os shall have ordered restitution;
it being well understood that the claimant cannot have recourse to
Hie United States otherwise than he misht have had to the {rovem-

litll

i«

lii
I

\ -: .

ijo

\Pli'.M>l\.

iiiout of tlu! French rojniblic, ami only in case of tlie iiisufiicieiicy
ol' the captors; .'2(1. the debts meiitiimed in the said fdlh article oi
the convention, contracted bel'oie tiie Sih Vendemiaiie, an 9, (.lOth
Septcndjer, I HOO,) the payment ot" whicli has been heretofore claimed
of the actual goverjiment of France, and for wliich tlie creditors
have a rij;;ht to the protection of the I'nited States; the said fd'tli
article does n(»t comprehend prl/cs whose condemnation has been
01' shall be coniirmeil: it is the express intention of tlic covitract-
ing parties not to extend liie benefit )f the present convention to
reclamations of American citi/.eiis, who shall have established
houses of commerce in France, Fin^land, or other countries than
the United States, in partnership \vii!i foreij^iiers, and who by tliat
reason and the nature of iheii- commerce (Mij!;ht to be regarded a^
domiciliated in the places where such houses exist. All agree-
ments and bargains concerning merchandise, which shall not be the
property of American citi/.ens, are e{|ually excepted from the be-
nefit of the said convention, saving, however, to such ])ersons tluii
claims in like manner as if this treaty had not been made.

Art. Glh. Anil that the dillerent (piestions which may arise uii-
der the preceding article may be fairly investigated, the ministers
plenipotentiary (d' (he I'liited States shall name three persons, who
shall act from tlie j)r(>sent and provisionally, and who shall Iwne
full power to examine, without removing the documents, all tlie
accounts of the dillerent claims already liquidated by the bureau
established for this purpose by the French republic; and to ascer-
tain whether they belong to the classes designated by the pre-
sent convention and the prnciples established in it, or if they arc
not in one of its exceptions, anil on their certificate, declaring that
the debt is due to an American citi/.en or his representative, and
that it existed before the 8th Vendemiaiie, ninth year, (30th Sep-
tember, 18()(».) the creditor shall be entitled to an order on the
treasury ol' the United States, in the manner i)rcscribed by the
third article.

Aki. rth. The same agents shall likewise have power, without
removing the documents, to examine the claims which are prepared
for verification, and to certify those which ought to be admitted by
uniting the necessary (|ualilications, and not being comprised in
the exceptions coiil lined in the present convention.

Aur. Htli. i'he same agents shall likewise examine the claims
which arc not prepared for Uquidatiim, and i ertify in writing those
\vhich III their Judgments ought to be admitted to liijuidation.

\l'l'i;:M>lX.

Ill

iisufTiciency
til article oi'
, an 9, (oOtlt
tore clainicil
lie creditor^
he said i\(\]\
m has been
lie coiitract-
mvention to

established
intries than
who by that
rci^ai'ded as

All af^ree-
11 not be tlic
loni the bc-
lersoiis tlu'if
ide.

ay arise uir
lie ministers
lersons, who
) shall have
ents, all the
r the bureau
nd to asccr-
by the pre-

if they are
daring that
;itative, auil

(30th Sen-
der on tiic
ibed by the

ler, without
,rc |)re])ared
idinitted by
inipriscd in

the claims
iting
ilation

riting those

Art. 0th. In proportion as the debts iiieiiiioned in these articles
shall be admitted, they shall be discharged with interest at six per
cent, by the treasury of the I'nited States.

Aur. Kith. And that no debt which >hall noi have the (jualilica-
tions above-nientioneil, and that no iinjiist or e :orbitant demand
mav be admitte(' the coniniercial anent of the Tni^ed States at
Paris, or such other a^rnt as the minister plenipotentiary of the
I'nited States shall think pioper to nominate, shall assist at the
operations of the bureau, and co-operate i» the examination of the
claims: and if this aj^ent shall be of opinion that any debt is not
completely ])r(»ved, or if he shall judge that it is not comprised in
the principles of tin; ftfih article above-mentioned: and if, notwith-
standing his opinion, the bureau established by the I'rench govern-
ment slumld think that it ought to be rnpiidated, he shall transmit
his observations to the board established by the United States, who,
without removing the documents, shall make a complete examina-
tion of the debt and voucliers which support it, and report the re-
sult to the minister of Mie Tnited States. The minister of the
United States >hall transmit his observations, in all such cases,
to the minister of the treasury of the Frendi reimblic, on whose
report the French government shall decid(i definitively in every
case.

The rejection of any claim shall have no other elVect than to ex-
empt (he United "'lates from the payment of it, the French govern-
ment reserving to itself the right to decide definitively on such
claim so far as it concerns itself.

AuT. nth. Every necessary decision shall be made in the course
of a year, to commence from the exchange of ratiiicati(.ns. -'nd no
reclamation shall be admitted afterwards,

Am. 12th. In case of claims for debts contracted by tin govern-
iticiit of France with citi/.ens of the United States, r<ince the Stli
Vendeiniaire, ninth year, {M){\\ September, 1800.) not being com-
prised in this convention, they may be puisued, and the payment
demandetl in the same mannc:- as if it had not been made.

Aim. 13th. The jirescnt convention shall be ratified in good and
due form, ami the ratifications shall be exchanged in six months
from the date of the signature of the ministers plenipotentiary, or
sooner if possible.

In faith of which, the resiieclive minister.^ pleni|n»tentiary have
signed the above articles, both in the French and Knglish languages;
declaring, nevertheless, that the jnesent treaty has been originally

■il-lii

mm I

III

112

AIM'lvNDIX.

agreed on and written in llie Frciicli langiuij^e; to which they have
hereunto allixed their seals.

Done at Paris, tlic tenth day of Florcal, eleventh year of tlic
French republic, (oUth April, IHo:).)

JJOni'-RT R. LIVINGSTON, (L. S.)
.lAMKS MONROE, (1>. S.)

J?Alim<: MAKHOLS. (L. S.)

No. 1.
coMi'ANv or Tin: indies.

Order to the agent of the Company at Cape Francois, respediiv^
the tivo Chiefs of the Natchez Indians, who had been removal
there ivith their Fa/nUics from Louisiana.

April, 'Zod, ir3!3.

It having been stated that among the Natclie/. Indians, taken in
■\var, in the month of January, 1731. were two chiefs with their lii
milies, making ciglit persons in number, and that, although tiio
Sxm, one of the two chiefs, died on the '^2Hth of !?'ep*^ember last, tiic
company had incurred on theii- account expenses to the amount of
eigliteen hundred livres and seven sous; and it having been farther
stated, that on an application made to M. de Maurepas to relieve thn
company from this charge, M. de Maurepas had replied that he v.as
not aware of any other course to adopt than to order the sale of tlie
survivors of these two Indian families, or to send them back to
Louisiana, it was thereupon resolved to order forthwiiij the sale ol
the survivors of the aforesaid two families of Natchez Indians.

'No. .">.

Extract from the Public Law of Europe,

*'I BEG leave to comj)are the evil consecjuences which resuli
to France from the eiiormous ex))enses that her wars have occn

!i they liavo
year of tlir

-, {L.S.)

APl'ENJJlV.

ii:i

sioued, with those that she has sustained from the loss of several
provinces that she formerly possessed on the continent of North
America. Undouhtodly this kingdom may be haj)py and very pow-
erful without colonies: but it is certain that its strength is impaired
by the debts with which it is burdened." — Droit PvbUc dc VEvropc
par Mch/i/, lorn. 3. Peace of \7(u-,.

iHii !!l

, respeduhj;
'en removed

id, 173^2.

is, taken iu
ith their fa
Ithougii the
l)er last, the
e amount of
)een farther
I relieve thi;
that he was
; sale of the
2m back to
the sale ot
Indians.

'hich result
i have oc'c;i

So. (5.

A'ofc relalivi: to (he Succemuoii of Bavarht.

'J'he Elector of Uavaria was attacked by the small-pox, a year
after the inquiry was made respecting his health, and he died of
the disease. The Austrians suddenly entered Uavaria, but France
M'as too far committed to the Americans to recede. It was, indeed,
at this period that the treaty of alliance between France and the
I. nited States was signed, and it was supposed in England that
France would not be able to avoid a continental war. It was kept out
uf it principally by the prudence of the ministry. It must also be ad-
mitted that it was greatly owing to the firmness and decision of the
king of Prussia that the palatine brancli of the house of liavaria
preserved the ancient patrimony of the common stock of VVittcl-
spach. This monarch extricated France from liie untoward posi-
tion iu which she luul been placed by so unexjiected an event, and
for this time Atistria was not brought into tli-e neigiibourhood of the
two landgraviates of Alsace, the ancient inheritance of that power-
ful liouse. Perhaps, in 1815, she allowed it to be too clearly seen
that one hundred and sixty-seven years had not sutliced to take
away from her every hope of accomplishing her object.

iNo. 7.

1 Letter uvUlen from New Orleans, lAfh of (irtoher, I8().i, a few
days (fter the Treaty had been nigned at Paris.

TiiK French prefect lias arrived. His declarations respecting
the Americims are as yet Neiy friendlv, IJut I suppose that.

!
t

111

lilt

itillli

111

AI'l'KXDIX.

on the ostablishincnt of tlii; Kifiiicli •;ovciniuont, his tone wili
tiian;:;e. He ospocts Gcnoial Victor and llu; P'loiidi troops belon
enterinj^ on his administration, Kvory expedient will be exhausted
in order to lull us into a false security. All the inhabitants of this
country, except the creides, ardently desire to see the people of tin
west ado|)t eiieriietic measures.

A^'e are still refused a ])Iace of deposito, and have therefore tjie
best possible occasion to procure ourselves satisfaction for the |)asi
and security for the future. W ue let it j;o by, 1 fear that we shall
jiever regain it. A handful of men would take this place: they
would experience little or no resistance. You uould be surprised
to see the lively interest that the people of the country take in the
future prosperity of our nation, and with what enthusiasm tluy
read and repeat the speeches of those senators w ho are in favour ol
an inunediate occupation of this place.

I earnestly ])ray that our western miliiia may be immediately
etjuipped and armed, so that wc may not lose a moment in puttiu:;
ourselves in a situation to provide for our safety. Our enemies ac
cuse us of a wa'u of ])ublic spirit. 'J'he (Spaniards, who arc settled
here, see their f!;overnment on the edge of a precipice, towards
which it is driven by the intrigues of French policy; and, like peo-
ple in despair, they no longer dare anticijjate tlie future. They
are impatient at our delay, and often express their surprise at our
moderation and pusillanimity.

1 fear that our plan of negotiations will only be productive ol
delays. If it does not succeed, 1 shall lament the unfoitunate de-^
tinies of our degraded country.

Ao. «.

Extract of a I Alter frnni the 3/uiisfir Phnipntcntianj of the. Unitf(/
Sfalr.s fo thv Frrnr/i Minhtcr of Forrii^n /IJ/mrs.

Parh, December 11//*, 180^2.
Siu,

I iiAVK just learned that the government of New Orleans han
refused the An\ericans the right oi" deposite in that port, under pic-
tence that the term stipulated in the treaty had expired.

Ycm are not ignorant, sir, of the value which the inhabitants ot
the western statt.'s attach to this right, nor of the cnerttv v ith which

VI'l'KNblX,

41 j

. tono. will
oops belbrt
i exiiaiisleil
ants of this
L'oplc oC llu

lerofoie tliu
for tiiu pasi
jat we shall
place: they
e surprised
take iji the
siasm they
u I'avour oi

nmcdlately
t in |)Uttiiiu,
Micniies ac
arc settled
e, towards
i, like peu-
re. They
)rise at oiu

jdiictive ol
tiinate lies

fhf Unitid

//, 180^3.

hleans hun
under pre-

abitants ot
ivith which

tliey would defend it. Were the government, indeed, even indit-
I'erent on th>s point, it would be oblij;;etl to yield to their views.

It is, sir, particularly unfortunate that this dilliculty should arise
at the precise moment when France is about enterin;; on the pos-
session of the country. 1 very much fear that this circumstance,
connected with the silence that th(< French ji^overnment observes
respecting; its intentions, mav induce suspicious persons to suppose
that the court of Spain has acted in this matter alto^-ether in con-
cert with Fiance. Althou;ji;Ii I loo justly appreciate the (ipri^ht-
ness of her ;j;()vernmcut, to believe that it would approve the in-
fraction of a treaty, and thus mark, by an act of hostility, the ])e-
riod of our becomini; neighbours, the subject is, nevertheless, of a
nature to recjuire. on the part of France, the most prompt atten-
tion to all those subj(>cts, the disregard of whicli has excited the
Avarmest sensations in the United States. \ avail myself of this oc-
casion to present to you the sketch of a treaty which, I hope, will
procure for France the i^reatest advantages, and bind closer those
ties which all enlii!;htened Americans desire to see exist between
her and the Tniled States.

In taking posscssi(»n of Louisiana, France can only have three
objects in view: 1st, (he command of the gulf; ;2d. the supply of
iier islands; od. a place of settlement for her surplus iidiabitants,
m case of an excess of population in her Kuropean j)ossessions.

Slie will ellectually secuie the lirst object by the possession of
Kast Florida. There is no port of the least importance to the west
of the Mississippi.

The second object will be better answered by confining the set-
tlement within reasonable limits, on ihe borders or at a moderate
distance from the sea, than by dispersing men and capital over an
immense territory — a course of proceeding that would lead the in-
habitants to a migratory life and to independence, and would com-
))el France ti» nuiltiply very exjiensive military establishments to
'.trotect them against the incursions of the fnilians.

This country must be peopled by foreigners or French emigrants.
In the first case, there is no nation in Europe that can keep them
in a state of dependence; for as soon as the settlements extend a few
hundred miles fron* the borders of the sea, they will be out of reach
of its power. In the second case, such a quantity of men ami mo-
ney will leave France as to inllicta terrible blow on her agriculture
and commerce. And, after all, they will be indepetident of the

11:

'»iiiW'

'''■■' bS!

m
ill

110

\IM»ENf>IX.

mother country iVom tlio day that they arc sutilciently rich and sul-
liciently strong to do without her assistance.

1 am goin;^ to propose what I believe to be the true policy ol
France to adopt, and what will fullil all her views, at the saiiu-
time that it will he a means of conciliatini*; the attection of the
United States and securinji; the permanency of tlie settlement.

France should fust cede to the United States tlie jiart of Loui>i
ana whicli is above tlic mouth of the river Arkansas; there will
thus be between the French part and (!anada a barrier, witlioin
which the |iiovince might be easily attacked and lost to France b ■
fore the arrival of assistance. Slie should retain tlie part wliicli i-
west of the Mississi])pi and below the river of the Arkansas; \W\<
territory can maintain a pojudation of iifteen millions, and will
form a barrier between the United States and Mexico in case the
Americans should entertain the extravagant desi;i^n of carrying war
into that coujitry, which I hope will never happen. France siiouh!
cede to the United States West Florida, New Orleans, and the
territory upon the left bank of the jNIississippi. This cession is
only valuable to the Americans, inasmuch as it gives them the em-
bouchure of the Mobile and other small rivers which pass throu>r|'.
their territory, and would calm their anxiety respecting the Missi>
sippi. If we except a nanow strip of land on the borders of the
river, all this portion of territory consists of sand barrens an*'
marshes, while that which France will retain to the west of tli(
Mississippi embraces a rich and fertile country. It may be sup-
posed that New Orleans is a place of some importance; it is so
without doubt for the United States, but not for France. And a-
the greater part of the settlements are on tlie other bank of the
liver, it will be recjuisite to remove the capital there, even thougii
France should remain in possession of New Orleans, a city built in
wood, and for whi«h France will have incurred useless expeiuli-
tures in public buildings, when the capital e-hall be removed.

The right of deposite claimed by the United States, a right wliich
they will never yield, will be between the two nations a perjietual
•jource of disputes and animosities, that will at some time or otiicr
force the Uiuted States to aid a foreign power to expel the French
from the colony. Independently of all this, the capital at New
Orleans being almost entirely in the hands of the Americans, will
be sent immediately to Natthe/, a jiost to which the United States
can give such advantages that New (hleans will be of little hn
portance.

API'F.NDIX.

lli^i {

ichantl sut

ic policy oi
it the same
ction of the
lenient,
rt of Loui:?i-
; there will
ier, without
I France b(
art ^v!lich i^
kansas; this
IS, and will
ill case the
;arryin!^ war
ancc iiliould
ns, and the
s cession is
lem the em-
mss throuirli
; the Mis^i>-
rders of the
jarreiis and
west of the
lay bo Slip
cej it is bd
0. And U'
jaiik of the
veil tluiugii
city built oi
ss expendi-
oved.

right which
a perpetual
me or other
the French
al at New
ricaiis, will
lited .States
little iiu

If any other course is adopted, ///( irlio/e setllcment mil full into
ihc hands of the En'^lhh^ who, at the same time that they com-
mand the sea, have within reach a warlike colony possessing all
the means of attack; and while their fleet blockades the harbours,
they may, without tlie least diOiculty, cause New Orleans to be at-
tacked, through Canada, by fifteen or twenty thousand men, aided
by hordes of Indians.

France, by sei/.ing on a wilderness and an insignificant city, and
thus throwing the United States h)lo the scale on the utile of En<^-
lamlf is plaint!; to inuhe this power the viistrcss of the new loorld:
the possession of Louisiana and of the Trinity will put the Spa-
nish colonies at her mercy, and by taking away the Floridas from
^^paiu and getting possession of the gulf of Mexico, she will com-
mand the AVest Indies; the two Indies will pour their riches into
her ports; the precious metals of Mexico, united with the treasures
of liindostaii, will fiirnish the means of buying nations, whose
forces she will employ to secure her power.

Congress is now in session: if, before it adjourns, there is no
treaty concluded, or if a minister is sent with only powers to treat,
\vithout being the bearer of any thing decisive, he will have to
make his way through a thousand suspicions, and a thousand jea-
lousies; and the negotiation once commenced, he will have to con-
tend against all the intrigues of the court of liondon, which has
the greatest interest in arn'sting the success of an aflliir so opposed
(o its views.

\ccept the assurances, &:c.

Signed) W. K. UN INfiSTON.

No. a

Memonal of the Legislative Coniicil and House of Ihprrsenfafives
of the Mississijipi Terrilonj to the President, Senate, and House
of Representatives of the United States.

Vol It memorialists beg leave to express their feelings and senti-
ments relative to an event bv which the interests of western Ame-
vica ill geueial, and of this territory in particular, are materially

•t tier fed-

,lv.'

illl, "f

I Mil!
jllUHlll

'ir.:m.

I'lll

^1:

ii la-
lap

"iW

ill

nil

\i'1'i;m»i\.

Wliilt^ the treaty of Sail LoriMi/.o cl Uoal seciircd tin'. iVci; uuvi
Ration ol' tlic Mississippi, and a convciiii'iit ])laci' ol" dcpositc fui
the meicliaiidise and etl'ects of American tiadets, it politically in-
corporated tliis country as a part of the United States. I'ndei
this auspicious chani:;e, we saw our tratle llourisliinu;, our projjerty
risinn; rapidly in value, and mc felicitated ourselves in being tlic
free and happy citizens of an independent republic.

Reposinj^ in national faith for a continued observance of sfipit-
liifrd privik'i^es, we had indulj^ed the sanguine expectation that tlii;
state of ))rosperity would not have been soon inierriipf<'d.

The motives which may have influenced the Spanish i^overnment
to withh(dd from us a place of de|)osite are a subject of conjecture:
but no doubt can exist as to the act itself being a direct infraction
of our treaty with that nation.

A recent order by the government of Louisiana, proliibiting ai!
intercourse between the citizens of the United States aiid tiie sub
jccts of Spain, has considerably increased the embarrassment upon
our trade, and breathes a spirit of still greater enmity to the Unilci'
States.

Your memorialists, conscious of the wisdom, justice, and energy
of the general government, rest assured that no succour will be
withholden which e\isting circumstances may refpiirej and so fai
as may depend on ourselves, we tei\der to our country our live?
and fortunes in support of such measures as congress may deem
necessary to vindicate the honour and protect the interest of tin:
United States.

>VM. (U)Rn. KORMAN,
Speaker of the House of Representatives.

.lOHN IH.UIS,

rresidci\t of the Council

Council Chamber.
January 5, i8Uo.

L'. free iiavi
loposit*' t'ui
lUically iii-
i'!!. Urnlei
ur ])ioi)eit\
1 being thf

ce of slijiv-
on that till-
d.

ifovernnu'iii
coiijectiiro;
t iniVuctiou

ihibitinf; ul!
lid tlif sub
siiuMit upon
I the Uaiicd

ami I'liorjiv
Dur will be
; and so far
y our livc;>
i may doom
crest of till:

ntativob

MM'l',\|i|\.

No. KK

in>

'^limorUil fo llw Pi'eaiihnt, Senate, omf ffnirsr of lirpresentalives

of fjie f'liUrd Stairs.

Jaiiuari/^ 1 803.

Yorii mcmoiiulists, iiiiiabitanis of the sfafes west of tlic Alle-
'^IvMiy Mountains, humbly state that the |)oit of Now Orleans is
closed to them by a decree of the Spanish intendant; that they owe
the United .States taxes which have just accrued, as well as larj^c
arrearaj^os, and that they have no otlier means to pay them but the
produce of their farm>, Tliat, excluded as they are from a market
in the east for their produce, it must rot in tlioir <!;runaries, unless
the government consents to receive it from them at a reasonable
price, or protects theni in the enjoyment of a lawful trade; that
they liumbly conceive tliat prompt and decisive measures are ne-
cessary, the maxim that jjiotoction and allej^iance are reciprocal
being particularly applicable to their situation. In announcing
tlicir confidence in the government of the Union, and in giving as-
surances of their co-operation in all the measures that may be
adopted to cause the just rights of every portion of the United
States to be respected, they declare that they have a right to ro.-
cjuire, and do require that the government shall either take mea-
sures to guaranty the exercise (jf a legitimate right or release them
from every contribution wliatever. A\'ithout interfering in the
measures that have been adopted to bring about the amicable ar-
rangement of a ditVorencc. wliich has grown out of the gratuitous
violation of a solemn treaty, they desire tint the United States
may explicitly understand that their situ; tion is critical; that the
delay ot only a single season would be ruinous to their country, and
diat an imperious necessity may consecpiently oblige them, if they
receive no aid, to ailopt themselves the nK.-asures tliat may appear
to them calculated to protect their commerce, even though those
measures should produce conse<iuciiccs unlavounvble to the luumo-
ny of tiie confederacv.

;

ii^

■m

. m

12(»

VI'I'KNDIX.

No. 11.

Exti'ud of H Leila; ilaftd \(ifc/iez, lo/// .ijtri/, IK(J.3.

Pi in.ic opinion is Ium-c in a sfatc of (he <^ioa<0!it oxcitcment. Tin.'
Spaniards have iiisiillcd and iiijnri'il us, and we have borne witii
them; we niiirlit, witliout striu . j; a blow, liave sei/.ed on New Or-
leans, the paUadiiun of the west. 'I'hey have provoked our pride:
they have seen that neither interest nor national honour can deter
mine the American cabinet to act with energy. We liave, in truth,
sliown to the universe tiiat we are well disposed to plate our exitl
cnce at the mercy oi foreign nations.

The French arc in possession of New Orleans. I have seen the
proclamation, or rather manifesto of the prefect. It is like all the
other French manifestoes. 'J'here is not a well-informed man in
this territory who does not perceive that our country is ruined.
Moreover, it is the president alone wlio is to bhime. It is he who
by his pusillanimity has allowed the blood of the west to stau;nate.
and in order better to secure our destruction, he has, witliout ihr
least op])osition, allowed our most cruel enemy to put his inexora-
ble hand on the mouth of the artery throui];h which alone the blood
can circulate.

In a word, my dear sir, we are convinced that we nnist familia-
rize ourselves to the colonial and military despotism (tf Bonaparte.
The inhabitants residing near the western waters will necessaril}
be ruled I)}- those who dispose of their productions. Those wiio
can ilo so are pieparing to put themselves under the prudent and.
?^table governments of New England.

No. 12.

Copy of a LctU'i' from M. Talln/rand to J\li\ Livingston, dated
Pans, 9Af/i March, iS(),">.

Paris, 1 (hnniual, Wthycur, {^24lh Marcli, 1803.)

Siu,

1 see with pleasure by the last letters of the French legation
to the United States, that the species of fermentation raised theio
on account of Louisiana, has been brought down by the wisdom ot

\I»1'KN'U1X.

I'JI

I' 'i:ti'i

[HO J.

ment. Tiio
borm* with
)ii New Or-
I our pride:
• can dctcr-
/e, in truth,
c our fxi^i

vc seen the
like all tlw^
ucd man in
f is ruined.
, is lie who
to staj^nate.
ivithout the
lis incxora-
c the. blood

ist familia-
Bonaparte,
netessaril}
Those wIiH
udent and.

Oil. dated

1803.)

:li lej^atiuu
lised tlieri'
wisdom til

vDiir ^overn^nent, mid the Ju*t coufuliMue which it inspires, to thai
<(ati' of (rain|uiHitv whirh is alone suited to dis( iis>ii)iis. and whieli,
m (he jidatioiis of sentiment and interest e\i>liii;i; between the two
people, caiiiuit but lead them t(» understand one another lespect-
lUj^- mere acciilental ilidiculties, and to bind more closely tiu' bunds
of their union. I nuiilil to own to y(»u. sir, that, in the cdat whicti
■ las Ix'cn so lat(dy i^iven in your eountrv to matters coniu'cted
with Louisiana, it has been dillitult to discover (lie ancient sen-
timents of attachment ami of conlidence with whi(h France has
ever endeavoured to inspire tlie peo|)le of tlie • nitid Slates, who,
iVom the first moment ol their exi^ti iice as an iiulrpeiident and
-,overeiij;ii nation, ha\e always held their relations v,ith France
above all other political conne\ion->.

How could the nci!;hbourh(MKl ot" France alVect uidavotirably the
\merican people, eitli 'r in their comniert iai or poiitical relations r
J las tl.H', French republic e\i'r shown a desire to inipede the pros-
perity of the I'nited States, to lessen their iidluence, to weaken
the means of their security, or oppose any obstacle to the progress
of their commerce i- Vour irovernment, sir, ouiiht to be well per-
suaded that the lirst consul ber.rs to the American nation the same
atVcction with which France has been at all times ainmatctl, and
chat he considers the new means which tlie posse.■^>ion of Lou-
isiana aiVurd him of convincinj;- the j;uvernment and people ot the
I'nited Stales of his friendly di.■^po^ilion t(»wards them, in the num-
ber ot" the advantai^es which niust result Ironi that ac(|uisition.

I shall, tor the present, coidine myself to this declaration, which
<)Uy;ht to remove the di-i(rus( that ap])eais in your la^t letters. 'I'he
mlormation that lia> been recciveii is not suliicient to authoii/.e a
detailed explanation. In announcing; to me, moreover, the; ap-
jiroachin*^ departure yA Mr. Monroe, appointed minister extraor-
dima-y to discuss this subject, you j^lve uie to conclude that your
iovennncnt desires that this niinistei- bv^ waited fur and heard, in
order tliat every matter, susceptilile of conti'adiction, be complete-
ly and delinilivelv discussed : In the nu-an time, sir, the iirst con-
sul charu;es me to assure vour !2;overnment, that, far from thinkins;
that our new position in Louisiana could be an object of solicitude,
or cause the Uiast injury to the rnlted States, he will receive the
minister extraordinary whom the |)resi(lent sends to him with the
■.iieatest plcasuie. and tliat he hopes liiat hi.-, mission will terminate
'> the satisfaction of both nations.

til. M. rALL!:\ U \M).

liil

iiim ii||^

n t

III

rfi

\1'1

WV-V.WtW.

No. i:{.

Copif of II Li tin' from liohirl /»'. /.ii'liip^sfon In Mr, Moiirnr^ datrti
/'iiris, IW/i Jlpril, ISO;!.

Dkau Si is,

[ t()ii<5ni(iil;ito ynii on your sale arrival. AV'o lia\c long aiul
anxiously 'vishod for you. (uhI <>;rant. tii:;t your mission may an-
swer yours anil tlie public expectation. War may do sometliiiiL^
for us, nothinn- else would. J have i)aved the way for you, aiul it
vou could add to my memoirs an assurance tiiat we were now in
possession of New Orleans, we should do well: but I detain Mr.
lientalou, who is impatient to lly to the arms of his wife. I have
apprised the minister of your arrival, and told him you would he
here on Tuesday or >\ ednesday. I'resent my compliments aiul
Mrs. L's. to Mrs. Monroe, and believe me, dear sir,
Your friend, and humbh orvant,

lU) n. LIVINGSTON.

To his Excellcnrv Jamks Monrok.

\o. 1 i.

Jh't'irlr od of the Trrafy conchulrd at St. ildi'phonso on tin' \sf of

Odobvr. 1 800.

" Ills Catholic Majesty promises and engages, on his part, tn
rctrocede to the Krench republic, six months after the full and eu-
tire executio?! of tlu- conditions and stipulations, herein relative id
His lloyal Highness tiie Duke of Parnui, the colony or province ol
Louisiana, with the same extent that it now has in tlie hands of
Spain, ami that it had w lieu France possessed it; and such as it
should be after the treaties subsequently entered into between
Spain and other states."

\|'|'i;m>i\.

12;{

,J!.I,

viro(\ (luted

c long ami
on may an-
» sonictliinL"
you, and it
ere now in
detain Mr.
iff. 1 hav('
u would 1)1'
inieuts and

(iSTON.

) //ir I. If of

his part, tn
lull and cn-
i relative io
province ol
le hands ot
1 such as it
to between

No. ITj.

Extract ffOhi u Mininir of Mr. ./unir-i Monroe^ puljU>,lml iiflcr his
ntircmvnl from the /'roiidinci/.

Viri^imu, 18iiH.

Mv Hicpption by the French {government, in my second mission,
on my rccurn in I8().">, was as kind and Iriendly as could have been
expected iVom wliat had before occurred. That the mission con-
tributed to the result contemplated — to prevent war, and secure to
us, by the treaties which were then concluiled with the Kreiich <;o.
vernment, not only the free navij;ation (ti the Mississippi, but all
Louisiana, M. 'ralleyrand's letter to Mr. Fiivin^ston, which was
written after my ap|)ointment was known in France, while 1 was
at sea, Mr. liivingston's letter tu me 'n reply to mine, announcing
my arrival at Havre, and the extract Horn Colonel Mercer's jour-
nal of what passed between Mi'. Livingston and sue on the evening
of my arrival in Paris, will distinctly show. >L Talleyrand states,
in explicit terms, that the first consul thought it in\proper to com-
mence a nejrotiation, on the grouml of aVlr. Livingston's complaints,
until ]\L*. Monroe, the minister extraordinary, whom the president
had appointed to discuss the subject, should arrive, and be heard,
that every matter susceptible of contradiction might be completely
and definitively discussed. He states, also, that the first consul
had charged him to assure our government, that, far from thinking
that their new position in liOuisiana c(tuld be an object of solici-
tude, or cause the least injury to the I'nitcd States, he would re-
ceive the minister extraordinary whom the president had sent to
liim, with the greatest pleasure, and that he hoped that this mission
would terminate to the satisfaction of both states. Mr. liiving-
ftton congratulates inc on my arrival, and ex])resses an ardent de-
sire that my mission may answer mine and the public expectation.
War, he says, may do something for us; nothing else would: that
he had paved the way for me by his memoirs; and, if I could add
to theni an assurance that we were in jjossession of New Orleans,
we miglit do well. AN'ith llie sentiments contained in this letter,
those which were declared by Mr. l^ivingston, after m^' arrival in
Paris, were in strict accord, as ap])cars by the extract from Colo-
nel Mercers journal of what passed in our first into»vicw. On

III ll '

' M

421

Al'FK.VDlN,

hc'iw^ inlonnod lliat tin; inolion \vliic.li liad l)oea luado in tlio souati'.
ior tiikiii!^ j)OSSCT^sioii of Now OrU-aiis hy lorco lia!.l lailcd, lie ex-
pressed Ills regret at it, under a Itcliel" that lorce (tnly ctiuld j;,ive ii
to us. It is just to observe, (lial, in expics^ino- this opinion, 31i'.
Livin<rston showed no exciteiiietit whatever, hut appeared to speu'.
under a tiiorou;i;]i conviction of what he helieved to be the fixed po-
licy of the French <i:overinueiit, founded on his coniJiHinicafiuiis
with the ministers, and wl.at he knew of the character and polu y
of the Hrst consul in other respects It aHords me jdea^ure to aihl.
that, in the negotiation wldch was comn'.ented immediately after-
wards, and in the result procured by tlie tieaties in which it termi-
nated, <|;reat harmony pievailed Ijetween Mr. Liviniistoii and niv
seh'.

Th. reprcsent.atiuii then made to me, and hy authority entitled te
confidence, was that the fu'.>t consul havin<f his cabinet assembled ul
St. I. loud, and walking- in the <.i;arden with the members who com-
posed it, luiviii;.'; heard of the arrival of the minister cxtraordiiiai y
at Havre, communicated to them the fact, and then observed that
the negotiation should be immediately commenced, and, aildressiiiji;
himself to M. Marbois, added, that " beiiij;; an affair of the trea-
sury, 1 will commit it to you."" His motive for commitlin<>; the nc-
j^otiation to M. Marbois, and in a manner not to wound tlie feel-
ings of M. Talleyrand, may be re;idily conceived. It was added,
by the same authority, that, until that monrent, so decided was be-
lieved to be the purpose of the first consul, to cede no portion of
the territory in ([uestion, anil unchangeable his views, after niakiii^'
a decision, that none of his minister^ would have ventured to jiro-
pose it to him. The sum su>>,i;;e;-teil iti the iir^l interview' with M
Marbois, as that which his t.'o\>'rnment had a vidit to claim for tliis
territory, wa< one hundred and twenty millions of francs, the es-
timated valuiof 'J'uscany, which had been ^i\on for it: but, thi?
was not, insisted on, nor e\pli( itly proposed. It was the subject
only of free communication. The hrst proposition which he nuule-
was that we should give lor it eii;hfy million.-, of which sixty should
be paid to Franco in cash, in one year, in Paris — the other twcnt;,
to our own citi/.ens; and that tl:c vessels and u;oods of Franct
should be pc^rpetually exem[)ted, in the ports of the ceded territo-
ry, from foreimi duties. The chan;^e which was made, iiy the pay-
nieiit in stock, instead id" cash, with the limitation of the exemptioK
ol" French Aessels and ,;oods from turei^n duties, to twelve years.
^nih evorv oCxm- chan:';e. fyov? this project, was the cllcct of iieao

Al'PEN'DIX.

125

yy-mi

1 ilio scniiti'.
i!('(l, he px-
■liiild ;j,iv(' it
ipinion, Mv.
red to spoiik
■he fixed po-
iniinica(i(i!!s
' and policy
sure to add,
iately aftci-
icli it tcnni-
Oil and iiiv

y entitled (c
jsseiiiblod at
rs who com-
"ctraordinarv
bserved that
, aihiressiuii
of the trea-
tiiii^ the nc-
ind the foci-
was adiled,
ided was be-
portion of
d'ter makiiiy.-
lued to pro-
?Av with -M
hiim for thi^
uic?, the o?i-
it: but, thi-
the subject:
eh he niade.
sixty .shouk!
tlier twcnl}
s of France
dcd territo-
i>y ilie pay-
li oxeuiptiOK
'elve years.
i?\;t of neue

liation and acconiinodation. I add with pleasure that ihc conduct
of M. Marbois, in every stage of the nejfotiation, was liberal, can-
did, and fair, indicating a very friendly feeling for the ( ■ nifed States,
and a strong desire to preserve the most amicable relations between
the two countries.

It is just to state, that the frank, candid, and friendly conduct
of the two great houses of Hope, of Amsterdam, and of Baring,
of London, by offering to us loans to any amount we might requue,
at the usual interest, rendered to the United States essential ser-
vice in the negotiation. We had reason to Relieve, that the know-
ledge of those otters, and tlie confidence with which it inspired the
French government, that our stock might be converted through them
into cash, at a fair price, aided us in prevailing on that government
to accept the payment in stock, and to lessen the amount demand-
ed for the territory ceded.

Some time afterwards, Mr. Monroe, correcting this first me-
!noir, thus expressed himself in a letter to M. Marbois.

''Oakhill, Virg'nla, .Qpril Atlu 1828.

" I have said, in my memoir, that at our first interview one hun-
dred and twenty millions of francs were asked for the cession of the
territory of Louisiana. I have since reviewed the authentic docu-
ments, and admit that I was mistaken; and that although you may
have mentioned this sum as the estimated value of the territory, you
never asked it. You only asked the eighty millions that are stipu-
lated in the treaty. I have had sincere pleasure, on discovering
this error, to correct it without any observation on your part, for
never was a transact'on of such importance conducted with moie
candour and honour.

"I have given an account of these events, so important for France
and the world. I am one of the witnesses who have taken the
deepest interest in them.

(Signed) r.VMES MONROE.''

i«'(i

> i I

II I ill

iii

iiiiii

ill'.
I .(« •"

iiiiijl

7 Iiiiii.

m
ill

420

\l'l'ENL»l\.

No. Hi.

Grant to the Foniih/ of the lute Mr. ./ef/'frsou. In/ the Stale of Lou-
iniaria, an a mark- of its <j^fatiti(de.

When Thomas Jeft'erson died, assurances of public aft'ectiou
were transmitted to liis family from all parts of the Unioa, accom-
panied by <!;raiits from the lej^islative assemblies, and from commit-
tees that were formed in the princi|)al cities. Those proceedinj!;s
gave a new contradiction to the maxiui, so freijuently repeated,
that republics are unj^rateful.

Mr. Johnson, jjovernor of Louisiana, addressed a message on
this subject to the house of representatives. The committee, to
whom it was referred, state in their report, that —

"Thomas JeHcrson, one of the ])rincipal founders of those libe-
ral institutions, whidi are the envy of so many other nations, has
died in poverty; he who has contributed to consolidate our social
edifice has claims on the gratitude of all the states of the Union.
But Louisiana owes hiui even more than the rest: it is he who,
from a dependent volony, has made her a free state, &e."'

In confiMinity with this re|)ort, the leji,islature, on the iGtli ol
March, 18'27, passed the following act: —

"Thomas Jetlerson, after a life devoted to the service of his
country and of human nature, has died, leaving to his children as
their only inlieritance the example of his virtues and the gratitude
of the peo|)le whose independence he has proclainied to the uni-
verse. The legislature of Louisiana, a state acquired for the Union
by his wisdom and forcsiglit, owes to him her political and civil li-
berty; and, to perpetuate the remembrance of her profound respect
for the talents and virtues of this illustrious benefactor, it is enact-
ed by the senate and house of lepresentatives of Louisiana, in ge-
neral assembly convened, that ten thousanil dollars be transmittal
to Thomas Jeft'erson Randolph, for the benefit of the family of
Thonius Jeilerson.*'

ate of Lou-

c afteclioii
lOd, accom-
iin commit-
)roceeilin}:!;a
f lepeatoil;

iiessage on
iimittee, to

those libc-
lations, has
i our social
the Union.
; is he who,

.he iGth of

t'vice of his
childieu as
le gratitude
to the uni-
r the Union
md civil li-
Lind respect
it is enact-
iana, in gc-
transinittcd
J familv ol

'lIJi;

"NDiX.

127

No. 17.

Extract from the Dcchir ilion of TTar, made by Congress on the

\Sthof June, 1812.

FuE statement of grievances wliicii congress published did not,
like the manifestoes traced by the docile hand of a secretary under
the dictation of a minister, contain motives for war which reason
and justice disavowed.

" By the blockade of the whole coast of the continent from the
Elbe to Brest inclusive,'' says tliis document, "the well-established
principles of the law of nations, principles which have served for
ages as guides and fixed the boundaries between the rights of bel-
ligerents and neutrals, were violated. By the law of nations, as
recognised by Great Britain herself, no blockade is lawful, unless
it be sustained by the application of an a(lc(|Uiite force, and that an
ade([uate force was a[)plied to this blockade in its full extent, ought
not to be pretended. **#**#

'' Under the pietext of impressing British seamen, our fellow-
elri/ens are sei/.ed in lirilisli ports, on the high seas, and in every
(juarter to which the Britisli power extend.^, are taken on board
British men-of-war, and compelled to serve there as British sub-
jects. In this mode our citizens ;ire wantonly snatched from their
country and their fauiilies, deprived of their liberty, and doomed
to an ignominious and slavish bondage, compelled to fight the bat-
tles of a foreign country, and often to perish in them. Our Hag has
given them no protection, it has been unceasingly violated, and our
vessels exposed to danger by the loss of the men taken from them.

" Whether the British government has contributed by active
measures to excite against us the hostility of the savage tribes on
our frontiers, your committee are not disposed to occupy much
time in investigating. Certain indications of general notoriety may
supply the place of authentic documents; though these have not
been wanting to establish the fact in some instances. It is known
that symptoms of British hostility have never failed to produce cor-
responding symptoms among those tribes. It is also well known
that on all such occasions, abundant supplies of the ordinary muni-
tions of war have been ailbrded by the agents of British commer-

!li

"!'•!.

;

12a

\l'l'K,M»l\,

cial companies, and even tVoni IJritisIi garrisons, therewith they
were enabled to commence tliat system of savage warfare on our
frontier, uhicli has been at all times indiscriminate in its eftects on
all ages, sexes, and conditions, and so revolting to luinianity.

" Your committee would be nuidi gratified if they could close
here the detail of British wrongs; but it is their duty to recite ano-
ther act of still greater malignity than any of those which have been
already brought to view. The attempt to dismember our Union
and overthrow our excellent constitution, by a secret mission, the
object of which was to foment discontent and excite insurrection
against the constituted authorities of the nation, as lately disclosed
by the agent employed in it, attords full proof that there is no
bound to the hostility of tlie British government towards the United
States — no acl, however unjustifiable, which it would not commit
to accomplish their ruin. This attempt excites the greater horror
from the consideration that it was made while the United States
and Great Britain were at peace, and an amicable negotiation was
pending between them for the accommodation of their dift'erences
through ministers regularly authorized for the purpose.''

No. 18.

(The following instructions from Mr. Madison, secretary of state.
to Messrs. Livingston and Monroe, with their despatch accompa-
nying the Louisiana treaty, arc taken from a message of the presi-
dent of the United States to the senate, dated 20th of May, 1820.
Though not inserted in the original work, they are deemed a proper
supplement to the French plenipotentiary's history of that impor-
tant diplomatic transaction. — Tuansl.)

Mr. Madhon, Secretary of State of the United States, to Messrs.
Robert li. Livingston and James Mopj'OC, Ministers Plenipoten-
tiary of the United States to Franre, doted Department of State,
March f 'Zd, VS05.

Gentlemen: — You will herewith receive a commission and letters
of credence, one of you as minister plenipotentiary, the other a-;
minister extraordinary and plenipotentiary, to treat with tiic go

:'ltt<

APPENDIX.

129

ewitli they
I re on our
; cftects on
iiity,

oultl close
recite ano-
have been
our Union
lission, the
isurrection
f disclosed
here is no
the United
lot commit
iter horror
ted States
tiation was
difterences

of state,
accompa-
presi-
ly, 1826.
a proper
hat impor •

the
lay.

fo Messrs.
^Icnipoferh
I of S(ut(\

and letter-^
e other as
th tlic go

vcrnment of the French republic on the subject of the Mississippi
and tlie territories eastward tliercof, and without the limits of the
United folates The object in view, is to procure, by just and sa-
tisfactory arrangements, a cession to the United States of New
Orleans, and •f West and East Florida, or as mucli thereof as the
actual propriet >r can be [)revailed on to part with.

Tiie French epublic is understood to have become the proprietor,

by a cession from .Spain, in the year , of New Orleans, as part

of Louisiana, if not of the Floridas also, ll the Floridas should
not have been then included in tlie cession, it is not improbable that
they will iiave been since added to it.

It is foreseen that you may have a considerable dilliculty in over-
coming the repugnance and the prejudices of the French govern-
ment, against a transfer to the United States of so important a part
of the acquisition. The apparent solicitude and exertions, amidst
many embarrassing circumstances, to carry into elVect the cession
made to the French republic, the reserve so long u^ed on this sub-
ject by the French government, in its communications willi the mi-
nister of the United Stales at Paris, and the declaration finally
made by the P'rencli minister of foreign relations, that it was meant
to take possession before any overtures fiom the United States
would be discussed, show the importance which is attached to the
territories in question. On the otlier hand, as tlie United States
have the strongest motives of interest and of a paciiic policy, to
,-eek by just means the establishment of the Mississippi, down to
its mouth, as their boundary, so tlu'ie are considerations wiiich urge
on France a concurrence in so natural and so convenient an arrange-
ment.

Notwithstanding the circumstances which have been thoujiht to
indicate in the French government designs ot unjust encroachment,
and even direct hostility on the United States, it is scarcely jiossi-
ble to reconcile a policy of that sort, with any motives which can
be presumed to sway eitlter the government <u' the nation. To say
nothing of the assurances giv(!ii, boti» by the French minister at
Paris, and by the Spani.sh minister at Madrid, that the cession by
Spain to France was understosid to carry with it all the conditions
stipulated by the former to the United States, the nuuiifest ten-
dency of l\ostile measures against the United States, to ccmnect
their councils and their colossal growth with liie great and formi-
dable rival of France, can Jieither escape her discernment, nor be

ii'»

iiiiL

I lill'Ci

i'*J.

ilif:

J no

AIM>KM>IX.

disregarded by her prudence, and niij^ht alone be expected to pro-
duce very dilVerent views in her government.

On the supposition that the French goverinnent does not mean to
Jbrce or to court war witli the United States; but, on the contrary,
lliat it sees tlie interest which France has in cultivating their neu-
tralitv and amity, the dangers to so desirable a relation between
the two c(H\ntries, uhich lurk under a neighbourlioiid, niodilied as
is that of vSpain at present, must have great weight in rcconunend-
ing the change which you will have to propose. These dangers
have been always suHiciently evident; and have, moreover, been
repeatedly suggested by collisions between tlie stipulated rights or
reasonable expectations of the United Stales and the Spanish juris-
diction at New Orleans. l»ut they have been brought more stri-
kingly into view by the lute proceeding; of the intendant at that
place. The sensibility and unanimity in oiir nation, wliich have
appeared on this occasion, must coiivijice France that friendship
and peace with us must be precarious until the Mississippi shall
be made the boundary between the United States and Louisiana:
and, conse(|uentlv, render the [)resent moment favourable to the
object with which you are charged.

The time chosen for the exjicriment, is pointc<l out also by other
important considerations. The instability of the jieace of Europe,
the attitude taken by Great Britain, the languishing state of the
French finances, and the absolute necessity of either abandoning
the West India Islands, or of sending thither large armaments at
great expense, all contribute, at the present crisis, to prepare in
the French government a disposition to listen to an arrangement
which will at once dry up one source of foreign controversy, and
furnish some aid iu struggling with internal enibarrassments. It
is to be added, that the overtures committed to you, coincide in a
great measure with the ideas of the person through whom the let-
ter of the president, of April SOth. 180'^, was conveyed to Mr. l/i-
vingston, and who is jjresumed to have gained some insight into the
present sentiments of the French cabinet.

Amon"- the considerations which have led the French <2;overnment
into the project of regaining from Spain the province of Louisiana,
and which you may lind it necessary to meet in your discussions,
the following suggest themselves as highly probal)le.

1st, A jealousy of the Atlantic states as leaning (o a coalition
v^ith Great Jlrilain, not cuiiiistent with neutrality and amity to-

\1'FEM)1.\.

i:il

id to piu-

)t mean to
contrary,
tlieir ncii-
II between
lodified as
cumnicnil-
>e dan<;ers
Dver, been
il riiflits or
nisli juris-
more stri-
nt at that
■liieh have
IVieiKUliip
i^ippi shall
Louisiana:
ble to the

o by other
)!' Europe,
aie of tlie
bandoniiiL'
laments at
tropare in
ans^cment
ersy, anil
iicnts. It
icide in a
u the let-
Mr. Li-
lt into the

ivernment
iOuisiana.
scussions,

coalition
amity to-

wards Krance, and a belief that, by holding; the key to the com-
merce of the Mississippi, she will be able to command the inte-
rests ami attachments of the western portion of the l.'nited States;
and thereby either control the Atlantic portion also; or, if that can-
not be done, to seduce the former into a separate government, and
a close alliance with herself. In each of these particulars the cal-
culation is founded in error.

It is not true that the Atlantic states lean towards any connexion
with Great liritain, inconsistent with their anricable relations to
France. Their dispositions and their interests ecjually prescribe to
them amity and impartiality to both of those nations. If a depar-
ture from this simple and salut;irv line of policy should take place,
the causes of it will be found in the unjust or unfriendly coniluct
experienced from one or other of them. In i^enoral it may be re-
marked, that there are as many points on which the interests and
views of the United States and of tireat Britain may not be thought
to coincide, as can be discovered in relation to France. If less
harnmny and conl\de:ue should thereiore prevail between France
and the L^nited States than may be maintained between Great Bri-
tain and the United States, the dili'erence will lie, not in the want
of motives drawn from the mutual advantage of the two nations;
but in the want of favourable dis])ositioiis in the governments of
one or other of liiem. That the blame in this rcs])ect will not just-
ly fall on the government of the L'nited States, is sulliciently de-
monstrateil by the mission and the objects with which you are now-
charged.

The French govornnient is not less mistaken if it supposes that
the western j)art of the United States can be witlulrawn from their
present union willi the Atlantic part, into a separate government,
closely allied with France.

Our western I'ellow-citi/.ens are bound to the Union, not only by
the ties of kindred and alVection, which for a long time will derive
strength from the stri'an\ of emi'j;ration peoi'ling that region: but by
two considerations which llow iVom clear and essential interests.

One of these considerations is, the passage through the Atlantic
ports of the foreign merchandise consumed by the western inhabi-
tants, and the payments thence made to a treasury in which they
would lose their participation by erecting a separate go\ernment.
Tlie bulky productions of tlie western country may continue to
pass down the Mississippi; but the ditliculties of the ascending na
vigatnm of that ri\cr. however IVc it luav bi- tnude. will causi> tM(-

mult

ilil '

'Eli'

'132

Al'PKNDIX.

impoils for consumption io piiss tlu()ii<rh the Atlantic states. Thi>
is tilt' coiiisc tliioiij^li wliich tlioy aio now rccoivoil, nor will the im-
post to wliich they will be snbjert, chanj^e the course even if the
])as.sii^c up the Mississippi should be duty free, it will not equal
the ditterence in the fVei<;;ht throuiifh the latter channel. It is trui'
that medianical and other improvements in the navigation of the
Mississippi may lessen the labour and expense of jisccnding the
stream: but it is not the least probable, that saviiij^s of this sort
will keep j)ace with the improvements in canals and roads, by which
the present course of imports will be favoured. Let it be added,
that the loss of the contributions thus made to a foreign treasury,
would be accompanied with the necessity of juoviding by less con-
venient revenues for the; expense of a se|)arate government, and oi
the defensive precautions required by the cluin<5e of situation.

The other of these considerations results from the insecurity to
which the trade from the Mississippi would be exposed by sucii a
revolution in the western part of the Ignited States. A connexion
of the western people as a separate state v. ilh France, implies ri
connexion between tlie Atlantic states and Great Britain. It is
found, from long experience, that France and Great Britain are
nearly lialf the time at war. 'I'he case would be the same with
their allies During nt-arly one half tlie time, therefore, the trade
of (he westein country from the Mississip])i, would have no pro-
tection but that of France, and would sutler all the interruptions
which nations, having the command of the sea, could inflict on it.

It will be the more impossible for France to draw the western
country under hor iritluence, by conciliatory regulations of the
trade through the Missi>isip];i; because the regulations which would
be regaided by her as liberal, and claiming returns of gratitude,
would be viewed on the other side as falling sliort of justice. If
this should not be at first the case, it soon would be so. The west-
ern ])eople believe, as do their Atlantic brethren, that they have a
natural and indefeasible right to traiL (reely through the Missis-
sippi. They arc conscious of their pov/er to enforce their right
against any nation whatf^vcr. With these ideas in their minds, it
is evident that France will not be able io excite either a sense of
favour, or of fear, that would establish an ascendancy over them.
On the contrary, it is more than probable that the difterent views
of their resjiective riglits would quickly lead to disap])ointme?its and
disgusts on both titles, and thence to collisions and controversies
\nt:'A to the harmony of tlie t" o nations. To luard asainsl these

M'I'KN{>I\.

\:vA

itcs. This
vill the im-
>ven it" the
I nut e(|iuil
It is true
tion of the
indinj; the
A this sort
i, bv which
be added,
1 treasury.
ly less con
ent, and ol
lation.
security to
by such a
connexion
, imjdies a
tain. It is
liritain arc
same with
, the trade
ve no pro-
terruptions
flict on it.
16 western
ons of the
lich would
gratitude,
ustice. If
The west-
ley have a
the Missis-
their right
r minds, it
a sense of
)ver them,
rent views
nients and
itroversics
linsl thcs*'

ith th

ited

States in wish-
s France has cciual reasons to

consequences is a primary uioti

ing the arrangement proposed.

guard against tliein, slie ought to feel an e(puil motive to concur in

the arrangement.

2d. The advancement of the commerce of France, by an esta-
blishment on the Mississippi, has doubtless groat weight with the
government in espousing this |)n)ject.

The commerce througii the Mi isis^-ippi will consist, 1st, of that
of the Tiiitcd States: ;2d. ol tluit of tin; adjacent territories to be
acfpiired by France.

rhe 1st is now, and nuist for ages coiitiuue the principal com-
merce. As far as the faculties of France will enable her to share
in it, the article to be proposeil to her on the jiart of the Tnited
States on that subject promises every advantage she can desire. It
is a fair calculation, that, under the proposed arrangement, her
commercial ojjportunities would be extended rather than diminislied;
inasmuch as our present right of deposite gives her tlie same com-
petitors as she would then have, and the eiVect of tiie more rapid
settlement of the western country consecjuent on thai, arrangement
would propurtionubly augment the mass of commerce to be shared
by her.

The other portion of commerce, with the exception of the island
of New Orleans, and the contiguous ports of West Floritia, de-
pends on the territory westward of the Mis>issippi. Witli respect
to this portion it will be little atlected by the ces-ion desired by the
United States. 'I'he footing proposed for !ier commerce on the
shore to be ceded, ijives it every advantage she could reasonably
wish, during a period within v.hich she will be able to provide eve-
ry requisite establi>!inient on the riglit shore: which, according to
the best information, possesses the same facilities for such establish-
ments as are found on the island of New Orleans itself. These cir-
cumstances essentially distinguish the situation of the French com-
merce in the Mississippi after a cession of New Orleaiis to tlie United
States, from the situation of the commerce of the United States,
T,vithout such a cession; their right of deposite being sit much more
circumscribed, and tlicir territory on the Mississippi not reaching
low enough for a commercial establishment on the ^^hore within their
present limits.

There remains to l)e couriidered tiie comineioo of tlie ports in the.
Floridas. \Vitli respect to this branch, the advantages which will
be secured to France bv the pioposed arrangement ought to be sa-

iiiiil'

iiiiilli

I'i

AIM'r.NDIV.

tisliictorv. Sl>c will here also (Iciive a greater share from the in-
<;re;is(', which will l)e <;iveii by a more rapid settletiieiit of a fertile,
territory to the exports ami imports throu;i;h those ports, than she
would obtain from any restrictive use she could make of those j)ort<*
as her own ])roperty. IJut this is not all. The l-'nited JStates have
a just claim to the use of the rivers wliich pass from their territo-
ries through the Kloridas. They found their claim on like princi-
ples with thosi! which su[)ported their clain» to the use of the Mis
sissippi. If the length of these rivers be not in the same ])roportion
with that of the Mississippi, the diflerence is balanced by the cir-
cumstance that, both banks in the former case belon<5 to the United
States.

With a view to ])erinaneiii harmony between tlie two nations, a
cession of the Floridas is particularly to be desired, as obviating
serious controversies that mii^ht otiierwise j^rovv even out of the re-
gulations, however liberal in the opinion of France, which she may
establish at th'; moutlis of those rivers. One of the rivers, the Mo-
bile, is said to be at present navigable for four hundred miles above
the 31^' of latitude, and the navi<vation n)ay no doubt be opened
still farther. On all of them, the country w ithin the boundary of the
United States, though otherwise between that and the sea, is fertile.
Settlements on it are beginnin,!,^ and the people have already called
on the jrovcrnment to procure the proper outlets to foreign markets.
The president accordingly gave, some time ago, the proper instruc-
tions to the minister of the United States at Madrid. In tact, our
free communication with the sea through these channels is so natu-
ral, so reasonable, and so essential, that eventually it must take
place, and in prudence, therefore, ought to be amicably and effec ■
tually adjusted without delay.

od. A farther object with France may be to form a colonial esta-
blishment, having a convenient relation to her West India Islands,
and forming an independent source of supplies for them.

Tiiis object ought to weigh but little against the cession we wish
to obtain, for two reasons: 1st, Because the country which the ces-
sion will leave in her hands on the riglit side of the Mississippi, is
capable of i;m{)loying more than all the faculties she can spare for
such an object, and of yielding all the supplies which she could ex-
pect or wish from sue!) an establishment. 2d. Because, in times of
genera! peace, she will be sure of receiving whatever supplies her
islands may want fifun the United States, and even through the
Mississippi, if mon- convenient to her; because in time of peace

MMi'.MdV.

\x>

' I

ni tlie iii-
if 11 fertile
i, than slie
hose j)orts
tates have
ir tenito-
ike princi-
f the Mis
proportion
liy the cir-
he l.'tiiteil

nations, a
obviatinj^
of the re-
h she may
s, the Mo'
liles above
be opened
lary of the
, is fertile,
ady called
1 markets.
Dr instruc-
n lact, oui
is so natu ■
must lake
and cffec

onial esta-
ia Islands,

n ve wish
ch the ces-
sissippi, is
spare for
! could ex-
n times ol
pplies her
rough the
e of poac*^

with the Inited .States, thouj^h of war witii Great llritaiii, the same
sources will bo open to her, whilst her own would be interrupted;
and because, in rase of war with the I'nited States, whii h is not
likely to happen without a concurrent war with (ireat Britain, (tlic
only case in whiili she could need a distinct fund of su])plies,) the
entire commerce of the sea, and of the trade throuj;li the Missis-
sippi, would be against her, and would cut oft" the source in ques-
tion. .She would consequently never need the aid of her new co-
lony but when slie could make little or no use of it.

There may be other objects with France in the projected ac(|ui-
sition. but they are probably such as would be either satisfied by a
reservation to herself of the country on the ri<;ht side of the Mis-
sissippi, or are of too subordinate a cl\aractcr to prevail ai^ainst the
plan of adjustment we have in view, in case otlicr dilliculties in the
way of it can be overcome. The principles and outlines of this plan
are as follows, vi/:

I. France cedes to the Uniled Slates, for ever, the territory cast
of the river Mis>issipj»i; compreliendinjf the two Florida-;, the island
of New Orleans, and the islands lyinj;; to the north and east of that
channel of the saitl river which is commonly called the South Pass,
together with all such other islands as appertain to cither West or
East Florida: France reservinii; to herself all her territory on the
west side of the Mississippi.

II. The boundary between the territory ceded and reserved by
France, shall be a continuation of that already defined above the
list degree of north latitude, namely, the middle of the cha!)nel
or bed of the river, tiirou";h the said South Pass to the sea. The
navigation of the river Mississippi, in ifs whole breadth from its
source to the ocean, and in all its passages to and from the sainc,
shall be equally free and common to citizens of the United States
and of the French republic.

III. The vessels and citizens of the French republic may exer-
cise commerce to and at such places on their respective shores be-
low the said thirty-first degree of north latitude as may be allowed
for that use by the parties to their respective citizens and vessels.
And it is agreed that no other nation shall be allowed to exercise
commerce to or at the same nr any other place on either shore, be-
low the said thirty-first degree of latitude, for the term of ten years,

h
■ii '

;

III.

1 3b

\1'1'i;m>i.\.

to be computed from the excli!m<:;(' oltlio ratitlcatidns lieroo', 'i'hc
citi/.rns, vessels, and nu'ii liaiiile^es of llit- I'liifcd States and ol
Fiaiire, sliull be subjec t to no (ttlicr duties tm tlieir re.tpeclive shoren
beh)\v the sail! tbirtv-fiist «le<>;ic'e of latitude than are imposed on
their own liti/.eiis, vessels, and nu'irhandisos. No iluty whatever
shall, after the eN|)ii'ation of ten jrars, be laid on articles the
j^rowtli or niaiiulai ture oi' the I'liitrd Slatt^, or of the ceded terri
tories, exported tliroiij^h the Mississippi in Krenrh vessels; so lonj;
as such articles so exported in vessels of the Tnited States shall
be exempt from duty: nor shall French vessels, exporting; such ar-
ticles, ever afterwards be subjec', to pay a hiu;her duty than vessels
of the United .States.

IV. 'i'he citizens of France n^ay, for the term of ten years, dc-
])0site their ellects at New Orleans, and at such other places on the
ceded shore of the Mississippi as are allowed for thi^ connnerce ol
the I'nited States, without ])ayin>^ any other duty than a fair price
for the hire of stores.

V. Ilk the ports and commerce of West and Kast Florida, France
shall never be on a worse footinj^ tlian the most favoured nation; and
for thi* trriu of ten years her vessels and merchandise shall be sub
ject therein to no hii^her duties than art' paid by tliose of the (Jnited
States. Articles of the j^rowth and manufacture of the United
Wtates, and of the ceded territory, exported in French vessels from
any port in West or F.ast Fhuida. shall be exempt from duty as
Ion}5 as vessels of the United States shall enjoy this exemption.

■ VI. The United States, in consideration of the cession of terri-
tory made by this treaty, shall pay to France millions of

livres tournois, in the manner followinjr; namely. They shall pay

millions ol" livres tournois immediately on the exchanii;e of

the ratifications hereof; they shall assume, in such order of priori-
ty as the government of the United States may approve, the ])ay-
ment of claitus which have been, or may be, acknowledj!;ed by the
French republic to be due to American citizens, or so much there-
of as, with tlie payment to be made on the exchange of ratifications,

w'ill not exceed the sum of : and, in case a balance should

re.uain due, after such payment and assumption, the same shall be
paid at the end of one year from the final li<|uidation of the claims
hereby assumed, which shall be payable in three equal annual pa^

Mi'l.NDl.S.

137

•'-> and ol
five sliorc.j
iijfOBcd on

wliatovor
rticlos the

(led lorri

<; S(» loii;^
(at«'s sliall
;; such ai-
ail vessels

years, de-
iCL's on tlif;
ninu'tce ol
L lair price

ila, France,
atioii; and
ail he sub
tlie fJnited
lie United
ssels froni
n duty as
nption.

II of terri
iiillions ol

sliall pay
:elianu;e of

of priori-
, the pay
ed by the
ich there
ifications,
ce should
e sliall be
he claims
niial pa A

menis — the lirsi. of \vi\icli is to take plate one year after <lie ex-
(lianije of ratilirations. or they i^liall bear intere>t at (he rale of six
per cent, pi-i annum, from the date of Mich intend"d payments,
nntil they shall i)e dischary;ed. All (he a!)ove-mentioned payments
shall be made at tlie (reasury of the Tnited Sta(es, and at the rate
of one dollar and ten cents for every six livres tournois.

Vll. To incorporate the inhabitants of the hereby ceded (eirito-
ty with the citizens of the United States, on an ecjual foutin;^, bc-
injt; a jirovision which cantiot now be made, it is to be expected,
from the character and policy of (lu; United States, that such in-
corjioratimi will lake place witlioiit nnnecosar} delay. In the
mean time they shall lie secure in their jjersrons and ])roperty, and
in the free enjoyment of their relij|;ion.

Ohtio-iUtions Oil f/ir I'hni.

1st. As (lie cession to be made by Krance, in tiiis case, must rest
on (he cession made to her by Spain, it mij^ht be proper that Spaiti
sliould be a party to tlie transaction. The objections, however, to
delay, retjuire that nolhinu; more be asked, on our part, than either
an exhibition and recital of the treaty between Krance and Spain,
or an enf;;ai;ement, on the ])art of Krance, lliat the accession of
8|)ain will be <i;iven. Nor will it be advisable to insist, even on this
much, if attended with difficulty or delay, unless there be ground
to suppose that Spain will contest the validity of the transaction.

^2d. The plan takes for y;ranted, als(», tliat the treaty of 171)5, be-
tween the I'nited States and Spain, is to lose none of its I'orce, in
belialf of the former, by any transactions whatever between the
latter and Krance. Noxhange, it is evident, will be, or can be,
admitted to be produced in that treaty, or in the arrangements car-
ried into elVett under it, fartlier tiian it may be superseded by sti-
y)ulations between the United States and Krance, who will stand in
the place of Spain. It will not be aniis.s to insist on ati express re-
coj^nition of this by Krance, as an etVectual bar against pretexts, of
any sort, not compatible with the stii)ulations with Spain.

od. The first of the articles proposed in defining tiie cession, re-
fers to the .South J'ass of the Mississippi, and to the islands north
and east of that channel. As this is the most navigable of the se-
veral channels, as well as the most direct course to the sea, it i.^
expected that it will not be objected to- It is of tlie greater impor

.I'l;

!!'

'■'X

'III..

ISii

Avrr.NDix.

tance to uiake it tlio boundary, because sovoral islaiuls will bo tluMv-
by acciuirod — one of wiiiclj is said to totnmaiul tliis channel, and
to be already lortilied. The article expressly inrludes, also, the
islands a])|)ertainins to tlie Floridas. 'iO tliis there can be no ob-
jection. The islands within six leagues of the shore are the sub-
ject of a Brilish ])roclaination in (he year ir(')3, sul)se(|uent to the
cession of the Floridas to (Jrenl liiitaiu by France, which is not
known to have been ever called in question by either France or
Spain.

The second article requires no particular observations.

Article tliird is one wliose import may be expected to undrrg;**
the severest scrutiny. The niodiliration to be desired is that whicli,
whilst it provides for the interest of the United States, will be ac-
ceptable to France, and will give no just ground of complaint, and
the least of discontent to Great Britain.

The present form of the article ought, and probably will, be sa-
tisfactory to France: First, because it secun>s to her all the com-
mercial advantages in tlie river vhich she can well desire: Second-
ly, because it leaves her free to contest the mere navigation of the
river, by Great Britain, without the consent of France.

The article, also, in its present form, vicdates no right of Great
Britain, nor can she reasonably expect of the I'nited States thai:
they will contend, beyond their obligation, for her interest, at the.
expense of their own. As far as Great Britain can claim the use
of the river, under her treaties witli us, or by virtue of contiguous
territory, the silence of the article, on that subject, leaves the clain\
unaffected. As far, again, as she is entitled, under the treaty oi
1794, to the use of our hank of the Mississippi, al)nve the 31st de-
gree of north latitude, her title will be equally entire. The arti-
cle stipulates against her only in its exclusion of her commerce
from the bank, to be ceded, below our present limits. To this she
cannot, of right, object — 1st, because the territory, not belonging
to the United States at the date of our treaty with her, is jiot in-
cluded in its stipulations; '2dly, because the privileges to be en
joyed by France arc for a consideration which Great Britain has
not given, and cannot give; .Idly, because the conclusion, in this
case, being a condition on which tlie territory will be ceded and ac
cepted, tlie rigltt to coniuiunicate the privilege to Great Britain will
never have been vested in the United States.

But, although these reasons fully justify the article, in its rela-
tion to Great Britain, it will be advisable, before it be proposed, to

.\PPKNDIX.

439

ill be thcriv
liaiinol, and
?s, also, tiie
in be no ob-
re the sub-
iieiit to the
hich is not
Franca or

to undrro;^

that which,

will be ac-

iplaint, ami

ivilj, be sa-
il the coni-
e: 8ecoii(i-
tion of the

it of Great
States that
rest, at the.
nn the use
conti<:;uoii,s
s the claim
c treaty oi
le .3 1st (le-
The arti-
commerce
Po this she
belonging
is not in-
to be en
Britain has
on, in this
2(1 and ac
ritain will

1 its rela-
posed, tn

feel the pulse of tlic French jfoverninent with respect to a stipula-
tion, that eacli of tlie parlies may, witlidut the consent of the other,
admit whomsoever it pleases to navigate the river, and trade with
their respective shores, on the same terms as in the other ports of
France and the United States, and as far as the disposition of that
government will concur to vary the proposition accordingly. It is
not probable that this concurrence will be given; but the trial to
obtain it will not onl} manifest a friendly regard to the wishes of
Great Britain, and, if successful, fuinish a future price for privi-
leges within her grant, but is a just attention to the interests of our
western fellow-citizens, whose commerce \iill not otherwise be on
an equal footing with tliat of the Atlantic states.

Sliould France not only ref^u^e any such ch;iiige in the article, but
insist on a lecognition of the right t(» exclude all nations, other than
the United States, from navigating the Mississippi, it may be ob-
served to her, that a positive stipulation to tliat etfect might subject
us to the charge of intermeddling with, and prejudging, questions
existing merely between her and Great Britain; that the silence of
the article is sulllcient? that, as Great Britain never asserted a
claim on this subject against Spain, it is not to be presumed that
she will assert it against France on her taking the place of Spain;
that, if the claim should be asserted, the treaties between the United
States and Great Britain will have no connexion with it, the United
Stales having, in these treaties, given their separate con^^ent only
to the use of the river by Great Britain, leaving her to seek what-
ever other consent may be necessary.

If, notwithstanding such expostulations as these, France shall in-
flexibly insist on an express recognition to !ie above etfect, it will
be better to acquiesce in it, than to lose the opportunity of fixing
an arrangement, in i)ther respects satisfactory; taking care to put
the recognition into u form not inconsistciit with our treaties with
Great Britain, or with an explanatory article that may not, impro-
bably, be desired by her.

In truth, it must be adniitted that France, as holding one bank,
may exclude from the use of the ri\er anv luition not more connect-
ed with it, by treaty, tlhiu Great i'rilain i- understood to be. As
a river, where both its bank> are osvned by one nation, belongs ex-
clusively to that nation, it is clear that, when the territory, on one
side, is owned by (uie nation, and on the other side by another na-
tion, the rivei belongs e(|ually to both, in exclusion of all others.
I'here ?.ie two modes by wiiich an equal right may be exercised;

iiti

APPRNDIX.

the one, by a iicj^ative in each on tlie use ot the rivor hy any other
nation, except the joint piopiiclor; tlie other, by aUowin;; each to
grant the use of the river to otiier nations without tlie consent of
the joint proprietor. The latter mode would be preferable to the
United States: but, if it be found absolutely inadmissible to France,
the former must, in point of expediency, since it may in point of
right, be admitted by the United .States, (jreat Britain will have
the less reason to be dissatisfied on this account, as she has never
asserted, aj^ainst Spain, a right of entering and navigating the Mis-
sissippi: nor has she, or the United States, ever founded, on the
treaties between them, a claim to the interposition of the other
party, in any respect, altiiough the river has been constantly sliut
against Great Britain, from the year 1783 to the present moment,
and was not opened to the United States until 1705, the year of
their treaty with Spain.

It is possible, also, that France may refuse to the T'nited States
the same commercial use of her shores, as she will retpiire for her-
self on those ceded to the United States. In this case it will be
better to relintjuish a reciprocity than to frustrate the negotiation.
If the United States held, in their own right, the sliore to be ceded
to them, the conunercial use of it allowed to France would render
a reciprocal use of her shore, by tlie United States, an indispensa-
ble condition. But as France niay, if she chooses, reserve to her-
self the commercial use of the ceded shore, as a condition of tin
cession, the claim of the United States, to the like use of her shore,
would not be supported by the principle of reciprocity, aufl ma><
therefore, without violating that jjrinciple, be waved in the traii>'
action.

The article limits to ten years the equality of Frencii citizens-
vessels, and merchandises, with those of the United States. Should
a longer period be insisted on, it may be yielded. The limitation
may even be struck out, if made essential by France: but a limita-
tion, in this case, is so desirable, that it is to be particidarly pressed,,
and the shorter the period the better.

Art. -4. The right of doposite, provided for in this article, will
accommodate the commerce of France, to and from her own side
c*^ the rivor, until an emporium shall be established on that siile:
'.vhich it is well known will admit of a convenient one. Tlu^ right
is li'nited to ten years, because such an estal)lishment may, within
that period, be formed by her. Should a longer period be required.
ft may be allowed; esperiallv. as the U'^o of such a doposite. wouhi

\I'I>RM>1X.

Ill

any otiier
^ each f(i
lonsent of
iblc to the
to Franco
a point ot
uill have
has never
i; the Mis-
ed, on tlif
the other
aiitly sliul
t moineiit.
lie year ol

ted States
re for her-
it will bo
}gotiation.
) be ceded
dd render
idispens;)-
ve to her-
ion of thi^
her shore,
and may.
the tran!>-

i citi'/.ens,

Should

imitation

t a liuiita-

y pressed.

tide, will
own side
that side:
Till' riijht
ly, within
reqiiiretl.
(c. woidn

probably fall within the general regulations of our commerce there.
At the same time, as it will be better that it should rest on our own
regulations, than on a stipulation, it will be |)roper to insert a limi-
tation v.i' time, if France can be induced to acquiesce in it.

Art. 5. This article makes a reasonable provision for the com-
merce of France, in the ports of West and East Florida. If the
limitation to ten years, of its being on the same footing with that
of the United States, should form an insuperable objection, the
term may be enlarged; but it is much to bo wished that the privi-
lege may not, in tiiis case, be made perpetual.

Art.. 6. The pecuniary consideration to be oftered for the terri-
tories in (|uestion, is stated in article G. You will, of course, fa-
vour the United States as much as possible, both in the amount, and
the modiiications of the j)aymenfs. There is some reason to be-
lieve that the gross sum ex|)resse(l in the article has occurred to the
French government, and is as much as will be finally insisted on.
It is possible that less may be accepted, and the negotiation ought
to be adapted te that supposition. Should a greater sum be made
an ultimatum, on the part of France, the president has made up his
mind to go as far as fifty millions of livres tournois, rather than
lose the main object. Kvery struggle, however, is to be made
against such an augmentation of the price, that will consist wi*.!i an
ultimate actpiiescence in it.

The payment to be made immediately on the exchange ot ratifi-
cation, is left blank; because it cannot be foreseen eitlier what the
gross sum or the assumed debts will be, or how far a reduction of
the gross sum may be inlluenced by the anticipated payments, pro-
vided for by tlie act of congress, herewith communicated, and by
the autliori'/.ation of the president and secretary of the treasury,
endorsed tliereon. This provision has been made with a view to
enable you to take advantage of the urgtMicy of the French govern-
ment, for money, which may be such as to overcome the repugnance
to part with what we want, and iiuluce tliem to part with it on lower
terms, in case a payment can be made before the exchange of rati-
fications. The letter from the secretary of the trea-ury to the se-
cretary of state, of which a copy is herewith enclosed, will explain
the manner in which this advance of the ten millions of livres, or so
much thercLf as may be necessary, will be raised most convenient-
ly for the Un ted States. It only remains here to point out the
condition or « vent on which the advance may be made. It will be
t'ssential that the touveutioii be ratified by the French government.

•'if;

112

\i'i r.NuiX.

heloic any sucli advance bo made; and il may be (iirllier required,
ill addition to the stipulation to transfer possession of the ceded tei-
litoiy as soon as possible, lliat the orders for the purpose, from the
rompetcnt souice, be actually and innnediately put into your
haiKis. It will be proper also to provide for the repayment of the
<idvanco, in the e\ent of a rolti>;al of the United .States to ratify
the (Mmvention.

It is approiiended that tiie French !j;overnnient will feel no repute-
nance to our desi^natinf;; tlie classes of claims and debts, which,
embracing more equitable considerations than the rest, we may be-
lieve entitled to a priority of payment. It is probable, therefore,
that the clause of the Gtii article, referrinij; it to our discretion, may
be safely insisted upon. We thiidc the following classiiication such
as ought to be atlopted by ourselves: —

1st, Claims under the -1th article of the convention of Septem-
ber, 1800.

;2d. Forced conti'acts, or sales imposed upon our ciliz.cns by
French authorities; and.

3d. A'oluntary contracts, which have been sull'ercd to remain un-
fulfilled by tliem.

Where our citizens have become creditors of the French govern-
ment, in consequence of agencies or appointments derived from it,
the United States are under no particular obligations to patroni/.o
their claims, and therefore no sacrifice of any sort, in their beliall.
ought to be made in the arrangement. As far as this class of claim-
ants can be embraced, without embarrassing the negotiation, or in-
fluencing, in any respect, the demands or expectations of the French
government, it will not be improper to adniit them into the provi
sion. It is not probable, however, that such a deduction from the
sum ultimately to be received by the French government, will be
permitted without some equivalent accommodation to its interests,
at the exp'Mise of the United .States.

The ciaiiiis of M. Beaumarchais, and several other French indi-
viduals, on oui- goverinnent, foundcil upon antiquated or irrelevant
grounds, allho'igh they may be attenq)ted to be included in this ne-
gotiation, have no connexion with it. The American government
is distinguished for its just regard to the rights of foreigners, and
docs not recjuire those of individuals to become subjects of treaty,
in order to be admitted. Besides, their discussion involves a va-
riety of minute topics, with which you may fairly declare your-
selves to be unacquainted. Should it appear, however, iu the

M'ri'.NDlX.

ii:i

• required,
ceded tei-
?, from the
into your
lent of tlio
IS to ratify

1 no repuj;;-
)ts, vhicli,
vc may be-
therefore,
etioii, may
;atiou sucli

)f Septcni-

iti/.cns by

remain un-

cl> 2;oven\-
ed from i(,

patroni/.i^.
eir beliaU.
s of claim-
ion, or iu-
flie French
the provi-
I from thi".
it, will bo

interests.

ench indi-
irrelevanl
in this ne-
overumeni
i^ners, and
of treaty,
Ives a va-
:lare your-
LM-. iu the

course of the nej^otiation, tlial so much sirens is laid on this point,
that without some accommodation, your success uill be eiulangored;
it will l)c allo\val)le to hind llic United Stales for the payment of
one million of livros lournois, to the representatives of Bcumar-
chais, heretofore deducted from his account a<!;ainst them; tlie P'rencli
government declarinj;; the same never to have been advanced to him
on account of the United States.

Article nh is su<>;Q;ested by the respect due to the rij:;hts of the
people iidiabitinji- the ceded territory, and by tin; delay which may
be found in constituting tliom a regular and integn^l portion of tlio
Union. A full respect for their rights might require their conseni;
to the act of cession,; and if the French government filiould be dis-
posed to cimcur in any proper mode of obtaining it, the provision
would be honourable to botli nations. There is no doubt that the
inhabitants would readily agree to the proposed transfer of their
allegiance.

It is hoped that the idea of a guarantee of the country reserved
to France, may not be brought into the negotiation. Should France,
propose such a stipulation, it will be expedient to evade it, if possi-
ble, as more likely to be a source of disagreeable fiuestions between
the parties concerning the actual casus foederis than of real ad-
vantage to France. It is not in the least probable that Louisiana,
in the hands of that nation, will be attacked by any other, whilst
it is in the relations to the United States, on which tiio guarantee
would be founded; whereas nothing is more probable than some
dift'erence of opinion as to the circumstances and the degree of
danger necessary to put the stipulations in force. There will be
less reason in the demand of such an article, as the United States
would set little value on a guarantee of any part of tlieir territory,
and, consequently, there would be no just reciprocity in it. Should
France, notwithstanding these considerations, make a guarantee an
essential point, it will be better to accede to it than to abandon the
object of the negotiation; mitigating the evil as nuuli as possible,
by requiring for the casus ffcderis a great and manilest danger
threatened to the territory guarantied, and by substituting for an
indefinite succour, or even a definite succour, in military f./rce, a
fixed sum of money payable at the treasury ol' the T'nited Sir.'^es.
It is difl^icult to name the proper sum, which is iu no posture of the
business to be exceeded, but it can scarcely be presumed that more

than about dollars, to be paid annuailv, during the existence

of the danger, will be insisted oiu

\l.

ill

A1'M:.%D1\.

Shnulil it be iiiiavoidiihle to stipulate troops in placo of money, \i
vill be prudent to settle the details \vith as much |)recisioii as pos-
sible, that there be no room for controversy, either with France or
with iier enemy, on the fullilment of the stipulation.

The Instructions thus far j^iven, suppose that France may be will-
inj;; to cede to the I'nited States the whole of the island of New-
Orleans, and both the Floridas. As she may be inclined to dispose
of a part or parts, and of sucli only, it is proper for you to know-
that the Floridas, toj^ether, are estimated at one-fourth tlie value
of the whole island of New Orleans, and Fast Florida at half thai
of AN'est Florida. In case of a partial cession, it is expected that
the regulations of every other kind, so far as they are onerous to
the I'nited States, will be mure favourably modified.

Should France refuse to cede the whole of the island, as large a
portion as she can be prevailed on to part with may be accepted.-,
should no considerable portion of it be attainable, it will still be of
vast importance to ;ji;et a jurisdiction over space enough for a large
commercial town and its ap|)urtenances, on the bank of the river,
and as little remote from tlie mouth of the river as may be. A right
to choose the place would be better than a designation of it in t\\u
treaty. Should it be impossible to procure a complete jurisdiction
over any convenient spot whatever, it will only remain to explain
and improve the present riglit of deposite, by adding thereto the
express privilege of holding real est;i»e for commercial purposes, of
providing hospitals, of having consuls residing there, and other
agents, who may be authori/A'd to authenticate and deliver all do-
cuments re(|uisite for vessels, belonging to and engaged in the
trade of the United States, to anil from the place of deposite. TIk
United States cannot remain satisfied, nor the western people bt^
kept patient under the restrictions which the existing treaty with
Spain authorizes.

Sh(«uld a cession of the Floridas not be attainable, your attention
will also be due to the establishment of suitable deposites at the
mouths of the rivers, passing from tiie United States through the
Floridas, as well as of the free navigation of those rivers by citi-
zens of the United States. What has been above suggested in re-
lation to the Alississipj)i, and tlie de|)osite on its banks, is applica-
ble to the other rivers; and additional hints relative (o them all may
be derived fro'.rs die letter, of which a copy is enclosed from the
consul at New Orleans.

It has been long manifest, that, whilst the injuries to the United

\iM'F.\J>i\.

44.0

t lunney, ii
ion as pos
France oi

ay be will-
id of New

to dispose
[I to know

the value
t half that
iccted that
onerous to

as large u

' accepted:

still be of

for a large

the rivei-.

c. A right

)f it in tli(;

urisdictioij

to explain

hereto the

iirposes, of

and other

er all do-

ed in the

ite. The

people be

eaty witii

rotates, so frequently occurring from the colonial otticers, scattered
over our hemisphere, and in our nei<:hl)ouriiood, can c)nly be repaired
by a resort to their respective governments in Europe, that it will
be impossible to guard against the most serious inconveniences.
The late events at New Orleans strongly manifest the necessity of
placing a power somewhere nearer to us, capable of correcting and
controlling the mischievous proceedings of such olficcrs towards our
citizens, without whicli a few individuals, not always among the
wisest or best of men, may at any time threaten the good under-
standing of the two nations. The distance between the United
States and the old continent, and the mortifying delays of explana-
tions and negotiations across the Atlantic, on emergencies in our
neighbourhood, render such a provision indispensable, and it cannot
be long before all the governuients of Kurope, luiving American co-
lonies, must see the necessity of making it. This object, therefore,
will likewise claim your special attention.

It only remains to suggest, that, considering the possibility of
some intermediate violences between citi/.ens of the I'^nited States
and the French or Spaniards in consequence of the interrujition of
our right of deposite, and the probability that considerable damages
will have been occasioned by that measure to citi/.ens of the United
States, it will be proper that indemnification in the latter ca'^t- be
provided for, and that in the former it shall not be taken on either
side as a ground or pretext for hostilities.

These instructions, th(»ugli as full as they could be conveniently
made, will necessarily leave much to your discretion. For the pro-
per exercise of it, the president relies on your information, your
judgment, and your fidelity to the interests of your country.

lAAlES iMAUlSUN.

attention
tes at the
rough tiie
rs by citi-
ited in re-
s appli ca-
ul all may

from tiie

le United

Mr. 3Iadlso)i, Sccrelari/ of Sfafr. of the I'nilcd Sfalts, to Messrs.
Livliii^'ilon cold Mourot\ dated Jipril, 18, 1803.

[extract.]

A month having elapsed since the departure of Mr. Monroe, it
may be presumed that by the time this reaches you, communica-
tions will have passed with the French government suflicieiifly ck-
plaining its views towards the l^iited States and preparing the way
for the ulterior instructions winch the president thinks proper should
ROW be given.

416

Ari>KM)l\.

In case a conventional arraniiciucnt \\U\i France should have re-
sulted from the nej!;otialions witli whicli you are chai'j!;etl: or in ca«(;
such should not have been (ho result; but no doubt should be Idl
that the Frencii government means to respect duly our rij:;hts, and
to cultivate, sincerely, peace and frieiwKhip with the I'nited States,
it will be expedient lor you to make such communications to the
British government as will assure it that nothing has been done in-
consistent with our good faith, and as w ill prevent a diminution ol
tlie srood understaudini!; whicli subsists between the two countries.

If the French government, instead of friendly arrangements or
views, shotdd be found to meditate hostilities, or to have formed
projects which will constrain the Tnited States to resort to hostilities,
such communications are tlien to be held with the British govern-
ment as will sound its dispositions and invite its concurrence in the
war. Your own prudence will suggest that the comnuinications be
so made, as, on one hand, not to precipitate France into iiostile ope-
rations, and, on the othei-, not to lead (ireat Britain from the sup-
position that war de])ends on the clu)ice of the United States, and
that their clioice of war will depend on her participation in it. If
war is to be the result, it is manifestly desirable that it be delayed
until the certainty of this result can be known, and the legislative
and other ])rovisions can be made hero; and also of groat importance
that the certainty should not be known to Great Britain, who might
take advantage of the posture of things to press on the United States
disagreeable conditions of her entering into the war.

It will probably be most convenient in exchanging ideas with the
British government, to make use of its public miTiister at Paris;
as less likely to alarm and stimulate the French government, and
to raise the pretensions of the British government, than the repair-
ing of cither of you to London, which might be viewed by both as
a signal of rupture. The latter course, however, may possibly be
rendered most eligible by the pressure of the crisis.

Notwithstanding the just repugnance of this country to a coali-
tion of any sort with the belligerent policies of Euro])e, the advan-
tages to be derived from the co-operation of Great Britain in a war
of the United States, at this period, against France and her allies,
are too obvious and too important to be renounced. And notwith-
standing the apparent disinclination of the British councils to a re-
newal of hostilities with France, it will probably yieU' to the vari-
ous motives whicli will be felt to have the United States in the scale
of Britain against France, and particularly for the immediate pnr-

^-'*4

M'l 1..M<1\,

117

jiosc ol" (ietoatinj; a jirojectdr tlie laiter, wliicli ban evidently created
imuli solicitude in tiie British <>;ovennnent.

Tlie price wiiicli she may attach to her co-o|)eiation catinot be
lorosecii, and thcielbre cannot be the subject ol" Inll and precise iii-
■ilructions. It may be ex])ected tiiat she will insist at least ou a
.-stipulation, that neither of the jjarties shall make a ])cacc or truce
without the consent of the other; and as such an article cannot be
deemed unreasonable, and will secure us against the possibility of
iier bein<^ detached in the course of the war, by seduciiiir overtures
from /ranee, it will not be proper to raise ditliculties on that account.
It may be useful, however, to draw from her a dclinition, as far as
the case will admit, of the objects contemplated by her, that when-
over with ours they may be attainable, by peace, she may be duly
pressed to listen to it. Such an exj)lanati()n will be the more rea-
•sonable, as the objects of the United States will be so fair and so
well known.

It is eipially |)robable that a stipulation of commercial advau-
ta2;es in the Mississippi, beyond those secured by existing treaties,
will be reepjired. On this point it may be answered at once, that
threat Britain shall enjoy a free trade witii all the ports to be ac-
tjuired by the United States on the terms allowed to the most fa-
voured nation in the jtorts {jjenerally of the United States. If made
an cssenfial condition, you may admit that in the ports to be ac-
quired witliin the Mississippi, the trade of her subjects shall be ou
the same fooiin;^- for a term of about ten years with tliat of our own
citi/.ens. IJut the United States are not to be bound to the exclu-
si(m of the trade of any particular nation or nations.

Should a mutual ;i;uarunlee of the cxistinji- ])ossessions or of the
I'oncpiests to be made by the parties be proposed, it must be expli-
"I'itly reji'cted, as of no value to the United States, and as cntan-
'^lin<; them in the freijuent wars of thai nation with (»ther powers,
and very possibly in disputes witii that nation itself.

The anxiety whicli (ireat Jiriiain has shown to extend her do-
iVKiin to the Missi:«sippi, the uncertain extent of her claims, from
north to south, beyond the western limits of the United States, and
the attention she had paid to the norih-west coast of America, make
it j)robabie that she will connect with a war on this occasion a pre-
tension to the ac([uisition of the country on the west side of the
jNIississipjii, understood to be ceded by Spain to France, or at least
of that jiortion of it lyin*^ between that river and the Missouri.
The evils involved in such an extension of her possessions in our

M'l'I.MM.N.

iii'i<;iibuiuliotiil, aiul in sucli a liold on tlip Mississi|)i)i, arc obviou>.
'J'lic a((|iiisiti(iii is tlic nior(! objt'c tioiial)k', as il woiiltl !)(' extiemu-
Iv displeasing to our wesk'rn cili/j-n^: and as its evident bisiiinji;
on Soutli Aiiiorica mij^ht bo expected to arouse all the jealousies of
Fnintc and Spain, and to prolong the war on which the event would
depend. Should this jjretension, therefore, be pressed, it must be,
resisted as ailnuieihcr repui^nant to the sentiments and the sound
policy of the Tnited Slates. IJut it niaj be aj^reeil, in alleviation
of any disapiiointn\ent of (ireat Britain, that France shall not be
allowed to retain «tr ac<|uire any part of the territory from whicli
rrhe herself would be precluded.

'J'he moment the prospect of war shall re([uire the precaution,
you will not o\>iit to i^ive confidential m)tii e to our ministers and
consuls, '■ d to our naval commanders in the Mediterranean, that
our commerce and ])ublic ships may be as little exposed to the dan-
i^cr as possible. It may, under certain circumstances, be proper to
notify the dan;i;er immediately to the collectors in the principal
ports of the I'nited States.

Herewith enclosed, are t^o blank plenipotentiary commissions
and letters of credence to the French and IJritish p;overnment3.
Those for the British government are to be filled with the name of
.Mr. Monroe, unle. s his mission to France should have an issue
likely (o be disau;reeab1e to (uoat Ihitain; in wiiich case the presi-
dent would wish Mr. Livin«i,ston"s inseitcd, if the translatimi be
not disagreeable to him, and the name of Mr. Monroe inserted in
the commission for the French rej)ublic. To provide for the event
of Mr. Jiivint!;ston*s translation, a letter of leave is enclosed.

A se])arate letter to you is also enclosed, authori/.iiii;- you to en-
ter into such communications and conferences with British minis-
teis as niay possibly be required by the conduct of France. The
letter is made a separate one, that it may be used with the effect,
but without the formality of a commission. It is hoped that sound
calculations of interest, as v.cll as a sense of iij;;ht, in the French
'^o\ornment will prevent the necessity of usinj; the authority ex-
]>ressed in this letter, in a contrary state of things the jjresident
relies on your own information to be gained on the spot, and on
your best discreiion, to o|)en with advantaj^c the conununications
with the British i;overnment, and to projiortion the dej^roeof an un-
dorstaudiuu; with it, to the indications of an approaching war with
France. Of these indicatiojis also, vou will be best able to judge.
!t M ill onl V be observed to vou. that if France should avow or evince

111

APPENDIX.

lt<»

ic obvious.
L' oxtremc-
lit beaiiiij;;
alousies ol"
kont would
it must be.
tlio sound
alleviation
all not be
loin which

u'ccaution,
isters and
nean, that
to till' dan-
! proper to
principal

ntmissions
ernmcnts.
le name of
: an issue
the presi-
islation be
iisertod in
the event
)se(l.

you to cn-
isli minis-
ice. Tile
the ellect,
hat sound
lie French
hority ex-
president
(t, and on
unications
', ol' an un-
; war with
to judge,
or evince

a determination to deny to the f'nited Slates the tVeo navi^^ation
of the Mississippi, your consultations with Great Britain may be
held, on the ground that war is inevitable. Should the navi<riifion
not be disputed, and <he deposite alone be denied, it will be pru-
dent to adopt your consultations to the possibility that congress
may distinguish between the two cases, and make a (p^'stion how
far the latter right may call for an instant resort to arms, or how^
far a procrastinaticm of that remedy may be suggested and justified
by the prospect of a more favourable conjuncture.

These instructions have thus farsupjiosed that (ireat Britain and
France are at peace, and that neither of them at present intend
to interrupt it. Should war have actually commenced, or its ap-
proach be certain, France will no doubt be the more apt to concur
in friendly accommodations with us, and Great I'lritain the more
desirous of engaging us on her side. You will of course avail your-
selves of this posture of things for avoiding the necessity of recur-
ring to Great Britain, or if the necessity cannot be avoided for fa-
shioning her disjiosition to arrangements which may be the least in-
convenient to the Unit(>d States: whatever connexion, indeed, may
be eventually formed with Great Britain, in reference to war, the
policy of the United States re(|uires that it be as little entangling
as the nature of the case will permit.

Messrs. JAvhvj^nton and Monroi\ to Mr. 3Ia(Uson, Sccrctarij of
State of the United States, dated May 1.3, ISO...

[extuact.J

Wc have the pleasure to transmit to you by M. O'Erieux, a
treaty which we have concluded with the French republic for the
purchase and cession of liouisiaua. The negotiation of this impor-
tant object was committed, on the jnrt of France, to M. Marbois,
minister of the treasury, whose conduct therein has already re-
ceived the sanction of his government, as appears by the ratifica-
tion of the first consul, which we have also the pleasure to forward
to you.

Our acquisition of so great an extent was, wc well know, not
contemplated by our appointment; but we are peisuaded that the
circumstances and considerations which induced us to make it, will
justify us in the measure to our government and countrv .

lOO

\Pl'KN!)IX.

Hoforo the nc;;otiaiioii commenced, we were appii/eil tl»at the
lirst consul lia<l dccicU'd to olVn- to the United Htatcs, by sale, the
whole of liouisiana, and not a part of i(. We found in the outset
tliat this information was toneil; so that we had to decide as a
previous <|ueNti(in whether we would treat for tlie wliole, or jeopar-
<li/.e, if not abandon the iiope (d"at([uirinj^ any part. On that point,
we did i;ot bjnj^ hesitate, but proceeded to treat for the whole.
We were pcisuaded that, by so doinj;, it nujj;ht be possible, if more

d)le, t(

ludi

itually a treaty f<

lart,

being

since
thus possessed of tlie subject, it mij^lit be easy, in tliscussion, at
least, to lead from a view of the whole to that of a part, and with
some advantages peculiar to a negotiation on so great a scale. By
treating for the whole, whereby we should be enabled to ascertain
the idea which was entertained by this government of its valuej we
should also be able i form some estimate of that which was afHxcd
to the value of its parts. It wa«, t(M), probable tliat a less sum
would be asked for the whole, if sold entire to a single purchaser,
a friendly power who was able to pay for it, and whom it might be
disposed to accommodate at the present juncture, than if it should
be sold in parcels, either to several powers or companies of indivi-
duals: it was cciually so, if this government should be finally pre-
vailed on to sell us a part, that some regard would be paid in the
price asked for it, to that which was demanded for the whole; last-
ly, by treating for the whole, whereby the attention of this govern-
ment would be drawn to the United States as the sole purchasers,
we might prevent the interference of other powers, as also that of
individuals, which might prove equally injurious in regard to the
])rice asked for it, whether we acquired the whole or any part of
the territory. We found, however, as we advanced in the negotia-
tion, that M. Marbois was absolutely restricted to the disposition of
the whole; that he would treat for no less portion, and of course
that it was useless to urge it. On mature consideration, therefore,
we finally concluded a treaty on the best terms we could obtain for
the whole.

By this measure, we have sought to carry into ciVect to the ut-
termost of our power, the wise and benevolent policy of our go-
vernment, on the principles laid down in our instructions. The
possession of the left bank of the river, had it been attainable alone,
would, it is true, have accomplished much in that respect; but it
is equally true that it would have left much still to accomplish.
By it our people would have had an outlet to the ocean, in which
no power would have a right to disturb them; but while the other

API'KNDIX.

Ifll

bank rcinaincil in tlie possession of ii r<irei;^ii ])o\vei, circiiinstanci's
inifjjlit occnr to maki* the iioii^libomliood of sntli po\v(M- liijflilv inju-
rious to us in many of our .nost iiiijioitant concorns. A divided
jurisdiction over tlu- river nii<2;ht bef^et jealousies, discontents, and
dissensiotis, \vliicli the wisest policy on our part could not prevent
or control. AVith a train of colonial <;;overnnients established alonj;
^ the western bank, from the entrance of the river, far into the inte-
rior, under the command of military men, it would be dillicult to
preserve that state of thitij^s which would be necessary to the peace
and tionquillity of our country. A single act of a capricious, un-
friendly, or unprincipled subaltern mi;^ht wound our best interests,
violate our niost unfjucstionable iij.>;hts, and involve us in war. IJut,
by this acquisition, which comprises within our limits this j!;rcat ri-
ver and all the streams that emjity into it, from their sources to the
ocean, the apprehensions of these disasters is banished for ages from
the United States. W'c adjust by it the only remaining known
cause of variance with this very powerful nation: we anticipate the
discontent of the great rival of France, who would |)robably have
been wounded at any stipnlation of a permanent nature which fa-
voured the latter, and which it would have been dillicult to avoid,
had she retained the right bank. We cease to have a motive of
urgency, at least for inclining to one power, to avert the unjust
pressure of another. We separate ourselves in a great measure
from the European world and its concerns, especially its wars and
intrigues; we make, in line, a great stride to real and substantial
independence, the good eflect whereof will, we trust, be felt essen-
tially and extensively in all our foreign and domestic relations.
Without exciting the apprehensions of any power, we take a more
imposing attitude with respect to all. The bond of our union will
be strengthened, and its movements becouic more liarmonious by
the increased parity of interest which it will communicate to the
several parts which compose if.

In deliberating on this subject in a financial view, we were
strongly impressed with the idea, that while we had only a right of
deposite, or, indeed, while the right bank lomained in the possession
of a foreign power, it was always to be expected that we should, at
some time or other, be involved in war on (juestions resulting froni
that cause. We were well satisfied that any ^var would cost us
more than hereby is stipulated to be given for this territoryj that
none could produce a more favourable result, while it might, espe-

U)l

\l'i'F,M>l\.

cially in the jncsent disturbed state of the world, jnove the ruin ol
our atl'iirs.

There were other (.oiihideralion!
portaiue, had, nevertheless, their (

i which, thoui^l) of minor
s, their due weij^ht in our decision
ranee, or any otlier power iioldiii<;

im-
on

lis i;ieat (jiiestion. li hrance, or any other power lioiuiii<; tlie
right bank of (he river, imposed lif^htcr duties than comport with
the revenue system of tlie United States, supposinj^ even that we
had ac(|uiied the left bank, all the supplies destined for our exten-
sive and pojiidous settlenients, on the other side, would be smug-
i^led in through tliat channel, and our revenue tliereby considerably
diminished, tshoulil such power open olVues for the sale of lands
on the western hank, our pojiulation might be drained to the advan-
tage of that power, the price of our lands be diminislied, and their
sale prevented. But by the possession of both banks, these evils
aii; averted.

The terms on which we have made this acquisition, when com-
pared with tlie o!)jects obtained by it, will, we ilatter ourselves, be
deemed advantageous to our country. AVe have stipulated, as you
will see by the tieaty and conventions, that the United States shall
pay to the French government sixty millions of francs, in stock,
bearing an interest of six per cent, and a sum not exceeding twen-
ty millions more to our citi/.ens in discharge of the debts due to
them by France, under the convention of 1800; and also to exempt
the manufactures, productions, and vessels of France and Spain,
in the direct trade (rom those countries, respectively in the ports
of the ceded territory, from foreign duties for the term of twelve
years. The stock is to be created irredeemable for fifteen years,
and discharged afterwards in e(]ual annual instalments: the inte-
rest on It is to be paid in Europe, and the principal, in case this
government thinks proper to sell it, disposed of in such manner
as will be most conducive to the credit of the American funds.
The debts due to our citizens are to be discharged by drafts on our
treasury. We omit a more minute view of the stipulations of
these instruments, since, as you will possess them, it is unneces-
sary.

Louisiana was acquired of Spain by France in exchange for Tus-
cany, which latter is settled by treaty on the son-in-law of the
king of Spain, with the title oi' king of Etruria, and was estimated
in the exchange, in consideration of its revenue, at l()(),()()U,00t)
tVancs. The fust cunsul thought he had made an advantageous^

!!"

\prF,M>i.\.

la.i

Llic rum ot

minor im-
ccision on
i)Uliiig the
nport with
;n that wo
our oxten-
1 be siTiug-
iisiderably
le of lands
the advan-
, and their
tliese evils

vhcii com-

rselves, be

;ed, as you

ftates shall

, in stock,

ding twen-

.'bts due to

to exempt

nd Spain,

\ the j)ort«

ot twelve

cen years,

the inte-

case this

h manner

an funds.

ifts on our

ilations ot

■* unueccs-

e for Tus-

aw of the

estimated

i(),UOU,000
i-antageous

bargain lu that exchange, as appears by the high idea whicii he en-
tertained of its value, as shown on many occasions. I^ouisiana was
the territory wliicli he promised in his proclamation at the peace as
an asylum to tlie^e who had become iinfortuna((! by the revolution,
and which he -poke of as vast and fertile. AVlien he made up his
mind t() offer the cession of it to the United States, it was contem-
plated to ask for it I00,()()(),000, exclusive of the debts they owed
to our citi/.ens, which they proposed we should also pay, with a ])er-
petual t'xemption from foreign duties on the manufactures, produc-
tions, and vessels of France and Sjiain, ii? the ports of the ceded
territory. From iliat ('.mikuuI, however, in respect to <''.c- sum, he
receded, under the ileliberation of his owk cabinrU for the fust
proposition which M. Marbois made to us, was, that we should pay
eighty millions, sixty of which in cash, the balance to our citi/.ens,
the whole in one year in Paris, witli a peipetual exemption from fo-
reign duti >s, as above. The modification in tiie mode of payuicnt,
that is by stock, for from the quantum he never would depart, and
the limitation of the term of the duties to twelve years, with the
proviso annexed to it, which was introduced into the treaty with
every other change from his ])roject, was the effect of negotiation
and accommodation, in which we experienced on his part and that
of his government, a promptitude and candour which were highly
grateful to us.

In estimating the real value of this country to the Tnited States,
a variety of considerations occur, all of which merit due atten-
tion. Of these we have already noticed many of a general na-
ture, to which, however, it may be difficult to fix a precise value.
Others present themselves of a nature more definite, to which it
will be more practicable to fix some standard. Hy possessing both
banks, the wliole revenue or duty on im[)orts will accrue to the
I'nitcd States, which must be considerable. The \alue of the ex-
l)orts, we have understood, was last year four millions of dollars.
If a portion only of the imports pass througli that channel, as un-
der our government we presume they will, the amount of the re-
venue will be considerable. 'I'his will aiinuallv increase in propor-
tion as the population and productions in that cpiarter do. The va-
lue of the laiiils, in the province of lionisiam,, amounting to some
hundred millions of acres of the best i|iiality, and in the best cli-
mate, is, perhaps, incalculable. From either of these sources, it is
not doubted that the sum stipulated mav be raisod in time tn di«
I'liariT'' ilie dfhf.

4.04

APPENDIX.

No. 19.

The followiiif^ letter is taken from the same congressional docu'
ment as the papeis in No. US, — Tuansi..

Mr. Livingston lo iMr. Madiwn, Secrdunj of State of /• • United
Slates, dated Pari% •2(Hh May, 180.3.

[extract.]

I called this mornin<^ upon M. Marbois for a farther explana-
tion on this subject, (the cession of Louisiana,) and to remind him
of his havin<5 told me that Mobile made a part of the c( ssion. He
told me that he had no precise idea on the subject, but tl at he knew
it tc> be an liistorioal fact, and on that only he had formed his opi-
nion. I asked him what orders hail been given to the prefect that
was to take possession, or wliat orders had been given by Spain as
to the boundary in ceding it. He assured me that he did not know,
but that he would make the inquiry atid let me know. At four
o'clock I called fur Mr, Monroe to take him to the minister for fo-
reign affair;-, but he was prevented from accompanying me. I asked
the minister what were the last bounds of the territory ceded to us;
he sai<l he did not know; we must take it as they had received it.
I asked him l-ow Spain meant to give them possession; he said ac-
cording to ;l:e vvords of the treaty, liut where did you mean to
taker I do not know. Then you mean ti»at we shall construe it
our own way.- I can give you no direction; you have made a no-
ble bargain for yourselves, and I suppose you will make the most
of it.

Vl'l'ENlJlX.

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ERRATA.

Owrxr. to the absence of the Truuslator lioni the place of piil)]ication, a nuin
bcr of typographical inaccuracies will be fomul in this workj most of v.liich,
it is believed, are pointed out in the following list: —

Fai^c 19,

24,

•I

26,

29.

29,

30,

4V,

i»

(IS,

60,

61,

73,

70,

B'J,

105,

100,

IN,

116,

J3I,

131.

142,

146,

line 7, for /( tco* r(a<l U ir.

lino 4, for rataitrop/iies icaJ rafaitro-

/ihes.
linu 2?, fur Admiit read Atltwues.
line 1, fo- permit ri'iiil cnitir.
line n,fw efforts itml exfi lior.s.
line 10, for lu 'lail /luwi.
\inc 14. (bi riiatlis nail iltnth,
line 2«, iov citix^em irail i Hiz/'ii.
line y. for inmU JrnU ti«il sliculil furl.
line "0, for Jiimiiiiville r( !i(' Jiininiiv'lies.
note, for Culumhus read Columbia.
line 29, foi Je.tuit's read Jesuits'.
line 9, lov this read '/«'.
line l,for (Ae nail a»;/.
line 6, for Ph; il'/iomtr.f read P;urf-

transpose marki of quotation ( " ) from

line 15 10 23.
line C, add nj' afti'r foumlutitm.
lice 17, for as numerous itad so uume-

rout.
line 17, for or as lead nor su,
line 9, liir 6y nail yi.''.
line IC, for 1778 read 1783.

rage 150, line 27, add commn ( , ) after pefpctuui.

" 161, line 13, lor ;( lead sli(.

" lfi5, la»t line, deli /Ac;j.

" 1 6S, line 16, for disarmed nad unarnirc'.

" 182, line 12, f.)r c/' uad to.

" 134, line 18, add on after drawn.

" llrt, line ll,<lele,/;)r.

" 207, line ;6, lor Jwste read foresee.

" 2li, la^i line, to,' cslablishiii'r f ad rstablM.

" 2.U,line 4, tot drpetids rcail (b-per.d,

" 266, line 12, forf/iancM tic 7<,i(/ read clmtlit
itt iihalt.

" 271, lino S,for or/r nad ct'c, andadd^obe-
fv/r.- the.

«' 2B7, line IS of note, for that read in irhkh.

" 306, line It) of note, for aptiears read apfitar.

" 309, line 20, for ivh'ch read Ji'/io.

" 322, li'ie 2, li>r enormity read tnormotisntss.

" 347, line S, for i?a,';na^f" r(«d i/oi,'Jianf.

" 3»?, line 9, for oni/ n-atl oA

" S49, line 25, for arises read arise.

" 355, linfe 3,fur thntt/iey/iutsessed read whiiii
they possess.

" 3()'P, line 2;), for thai ivad 7e//en.

" 37S, line 26, tot vengeance "f read vcngcanci
on.

I ir

.»

/ T' n

Ji'A.

ation, a niiifi -
)st of wliicli,

I after /leipetuai,

id unarmtt!.

lovcsee.
!■• ad fStabUih.
I depend,
zuill rt-'ail chatut

>, and adil /o br-

iTad in n^hk/t.

ars itad apptar.

vim.

J tnormciitsness-

I itai;uant.

rise.

eased rcnAwhicii

len.

"iiad vengeance