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ceeded after the conclusion of the treaty at Paris, to take the place of Mr. King, who wished to return, having represented the United States at London seven years.

As the exchange of ratifications was to be made within six months from the date of the treaty, it became necessary for the president to convene congress before the regular day of its meeting, in order to submit the treaty to the senate for approval. Congress was accordingly assembled on the 17th of October; and on the 20th it was ratified by that body, ten days before the expiration of the six months. On the 31st, an act was passed for taking possession of the territory, and for its temporary government; on the 10th of November, an act was passed for creating a stock to the amount of $11,250,000, to be paid to France; and an act providing for the payment of the claims of our citizens.

By the treaty of 1800, between France and Spain, it was agreed that, in case of the cession of the Louisiana territory by France, Spain was to be preferred. The necessary haste in concluding the treaty did not admit of a previous consultation with the Spanish government. Dis. pleased with this violation of a treaty engagement on the part of France, that government withheld its assent to the late cession to the United States, for nearly a year.

Before the close of the session, an act was passed dividing Louisiana into two territories. All that portion, lying south of the Mississippi territory, and of an east and west line from the river, at the 33d degree of north latitude, to the western boundary of the territory, was to constitute the territory of Orleans; and the residue was to be called the district of Louisiana. There being within this district but few inhabitants, and these chiefly residing along the river in villages of which the principal was 8t

. Louis, the district, for the purpose of government, was placed under the jurisdiction of Indiana, then comprising all the original north-western territory, except the state of Ohio which had been recently formed, (1802.)

In that part of the act relating to the government of the territory of Orleans, was a provision prohibiting the bringing of- slaves into it from beyond the limits of the United States, or from any of the states such as had been imported since the 1st of May, 1798, under a penalty of three hundred dollars; and the slaves were to be free. The introduction of this provision into the law is said to have been the result of a memorial of an abolition convention, praying congress to prohibit the farther importation of slaves into the purchased territory. At the same session, a committee of the house, acting upon an unfavorable report made at the preceding session on a memorial from a convention of the people of Indiana asking for a suspension of the anti-slavery article of the ordinance


of 1787, reported in favor of such suspension for ten years! Slaves born within the United States only were to be admitted ; and their descendants were to be free, males at twenty-five, and females at twenty-one years of age. No action was taken on the report. A similar application to congress from the same territory three years afterward, also failed, after having again received a favorable report.

An act was also passed, further to protect our commerce against the Barbary powers; the expense of equipping and manning the necessary vessels, to be provided for by increasing the duties on imports two and a half per cent., and if imported in foreign vessels, ten per cent.; the money thus raised to be called the “Mediterranean fund."

At this session, by the constitutional majority of two-thirds, the change in the election of president and vice-president was proposed to the several states; which, having been ratified by the requisite number of states, became a part [the 12th article of amendment) of the constitution. Of the sixteen states, all but Massachusetts, Connecticut, and Delaware, were in favor of the amendment; the ratification by three'fourths being necessary.

Apprehensions were entertained of serious difficulties with Spain. A convention had been concluded with that government in August, 1802, for the adjustment of claims for spoliations upon our commerce, and for depredations of French cruisers which had been harbored in the ports of Spain, where the prizes had been condemned. By the terms of the treaty, the claims were to be adjusted by a joint board of commissioners appointed by both governments. But the ratification had been refused by Spain, her displeasure having been excited by our acquisition of Louisiana, and the establishment of a port of entry within what she claimed to be the boundaries of her Florida possessions. On being assured that there was no intention to take forcible possession of the territory, but that our claims in that quarter would be reserved for future discussion, heb assent to the cession of Louisiana was given. The treaty for the settlement of claims, however, the king of Spain refused to ratify until the 9th of July, 1818, nearly sixteen years after it was concluded and signed at Madrid by Mr. Charles Pinckney and Pedro Cevallos. It was proclaimed by president Monroe, December 22, 1818.

The question as to the true boundaries of Louisiana was long in dispute. As held by France prior to 1763, the territory extended west to the Rio Bravo, or Rio del Norte, (now commonly called Rio Grande,) and east of the Mississippi to the river Perdido, which separated it from the Spanish province of Florida. The eastern part was transferred to Great Britain, and with some additional territory ceded by Spain, called West Florida. Therefore as Spain received it from France, it was

bounded on the east by the Mississippi river and lakes Pontcharterain and Borgne. In 1783, the Floridas were restored to Spain. Now, did Spain, by this restoration, acquire the western portion of Florida to the Mississippi, which she did not originally receive from France; but which belonged to France before the cession of 1763 ? In other words, did the United States receive the original Louisiana as owned by France; or Louisiana as received from France by Spain? The territory conveyed was described in the treaty, as “the colony or province of Louisiana, with the same extent as it now has in the hands of Spain, and that it had when France possessed it, and such as it should be after the treaties subsequently entered into between Spain and other states." This language would of course admit different constructions. Mr. Livingston considered the cession as including all originally owned by France, except what Spain might have ceded to other nations by subsequent treaties.

A formal delivery of the territory was made on the 20th of December, 1803, in the city of New Orleans, by the French commissioner, Laussaut, to Gov. Claibourne, of the Mississippi territory, and Gen. James Wilkinson, who received the ceded territory on the part of the United States. Nothing official passed on that occasion concerning the boundaries; but Laussaut confidentially signified, that the territory did not include any part of West Florida, but that it extended westwardly to the del Norte. Orders were accordingly obtained from the Spanish authorities for the delivery of all the posts on the west side of the river and on the island of New Orleans. No orders were given to our commissioners to demand those in West Florida ; first, because it was presumed, that the demand would be rejected by the Spanish authority at New Orleans, and that the French commissioner would not support it; secondly, because, if opposed by him, our title would be weakened, and in either of the

cases, we should be prematurely compelled to choose between an overt submission to the refusal and a resort to force; thirdly, because mere silence would be no bar to a plea, at any time, that a delivery of a part, parti. cularly of the seat of government, was a virtual delivery of the whole; whilst, in the mean time, we could ascertain the views, and claim the interposition of the French government, and avail ourselves of any favorable circumstances for effecting an amicable adjustment with the government of Spain.

In May, 1803, Mr. King, our minister at London, concluded a treaty adjusting the boundary line between the two nations. On the 24th of October it was laid before the senate. Although the president, in his message communicating the treaty, had expressed his approval of it, in the ratification the 5th article was excepted; and the treaty, thus amended, was sent back to the British government for concurrence. In the letter accompanying the treaty from Mr. Madison, secretary of state, to Mr. Monroe, who had succeeded Mr. King, the reason alleged for excepting the 5th article was, that as it was of a later date than the last convention with France, ceding Louisiana to the United States, the line to be run in pursuance of the 5th article might be found or alleged to abridge the northern extent of that territory. Expunging this article would leave the boundary where it was when Louisiana was in possession of France, and subject to future friendly negotiation. And considering the remoteness of the time when a line would become necessary, the postponement was deemed to be of little consequence. Great Britain did not consent to the proposed amendment; and the boundary line continued in dispute for more than thirty years.




Near the close of the session of 1804, a caucus of the republican members was held for the nomination of candidates for president and vice-president. Mr. Jefferson was nominated for reëlection. Mr. Burr, not being generally acceptable to the party, was dropped, and George Clinton, of New York, was selected as the candidate for vice-president. The federal candidates were Charles C. Pinckney and Rufus King. Jefferson and Clinton were elected almost unanimously, having received each 162 of the electoral votes to 14 given for their opponents; the latter having received only the votes of Connecticut, (9,) of Delaware, (3;) and 2 of the 11 votes of Maryland.

Mr. Jefferson differed essentially from his predecessors in his views of the means of national defense. They had encouraged an effective fortification of our harbors, and the maintenance of an efficient navy. Mr. Jefferson supposed an adequate defense could be provided at a far less expense. At the session of 1803, an act was passed, authorizing the president to procure the building of fifteen small vessels called “gunboats," for which $50,000 were appropriated. The treaty with France having removed the occasion for any additional armament, the money


was not then expended. Confident, however, of the efficiency of these vessels, he contemplated the gradual extension of this system as a substitute for that which was then in operation. In his annual message of November, 1804, he informed congress that the building of the boats under the act of 1803, was in a course of execution, and recommended to congress to provide for their increase from year to year. His plan, elsewhere expressed, was to build about two hundred and fifty of these boats, twenty-five every year, for ten years.

The advantages of this species of vessels enumerated in the message, were, “ their utility toward supporting within our waters the authority of the laws; the promptness with which they will be manned by the seamen and militia of the place the moment they are wanting; the facility of their assembling from different parts of the coast to any point where they are required in greater force than ordinary; the economy of their maintenance and preservation from decay when not in actual service; and the competence of our finances to this defensive provision without any new burthen." The intended mode of " preservation from decay was to haul them up under sheds, whence they could be readily launched when wanted. The expense of these two hundred and fifty boats he estimated at only about one million of dollars. Congress, however, not sufficiently confident of the success of the plan, appropriated only $60,000 for the building of not exceeding twenty-five boats. 1806, fifty more were authorized ; and in December, 1807, not exceeding one hundred and eighty-eight.. This system of cheap marine, however, having been found inefficient, became very unpopular, and scarcely survived the period of his administration. Indeed, two years before its close, congress, against his own recommendation, refused to make an appropriation for this object.

As a substitute for the usual expensive fortifications, the president proposed heavy cannon, mounted on carriages, to be conveyed to any places on the coast or banks of our navigable waters where they might be wanted to resist the approach of an enemy.

Among the acts passed at the second session of the 8th congress, (1804–5,) the last of Mr. Jefferson's first term, was an act to divide the Indiana territory into two separate governments. By this act, the territory of Michigan was formed, and provision made for its temporary government.

The inhabitants of Orleans territory, being dissatisfied with their government, petitioned congress for the privilege of forming a state government. Au act was passed, authorizing the president to establish within the territory a government similar to that of the Mississippi territory. There was to be a legislature like that provided by the ordinance of con

In April,

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