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saw clearly the rapid approach of that day, which she had feared so many years, when the United States on her border, would be all-powerful, and when it would be impossible for her to retain possession of her provinces. Some show of opposition was made in respect to giving up Louisiana, and from what we know of the state of things in France at this date, there is little doubt that the French government connived at, if not encouraged, these proceedings.

1803.

When the eighth Congress assembled, it was found that the republicans were largely in the majority, and Nathaniel Macon was elected speaker of the House without difficulty. In the president's message, above referred to, it was hopefully shown, that although the acquisition (if confirmed) would add thirteen millions to the public debt, as most of it was not payable until after fifteen years, when it was calculated the existing debt would be all discharged, no additional taxes would be required. And as this aspect of the business was the one that most of all concerned the Representatives, it will be worth while to see how they received the intelligence of the marvellous in crease of territory, and how they thought it best to deal with it.

The federalists, as was expected, set their faces against the entire transaction.

Griswold, who appears to have led the opposition, proposed, on the 24th of October, a resolution calling for papers, and this the supporters of the government most strenuously resisted. "Each party," says Mr. Tucker, "referring to the call for papers in in 1795, relative to the British Treaty,

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charged the other with inconsistency as the two parties had now changed places as to this question." The administration party urged forcibly against the federalists, that they, only a short time before, were willing to rush into a war with Spain, for the purpose of getting possession of New Orleans," the key to the Mississippi," alone; but now, demurred about receiving it, when it was offered, with the Mississippi itself, and the whole land thereon, to the farthest ocean to boot, for a pacific "consideration;" and busied themselves in discovering a flaw in the title. The resolution was finally rejected by a very small majority.

Failing on that point, next day the attack was repeated from a new quarter, -the unconstitutionality of the acquisition; for the United States government had no power under the Constitution to acquire new territory, nor was it accordant with that instrument, to give to the ports of Louisiana such a preference over the other ports of the Union, as was secured by the admission of French and Spanish vessels on payment of the same duties as were paid by American ships. John Randolph, with characteristic zeal, argued on the side of the government, and Nicholson, of Maryland, urged, "that the right to acquire territory was incident to every sovereign nation; that the states confederately had this power after their independence, and having surrendered it, with the power to declare war and make treaties, to Congress, first under the Confedera tion, and afterwards under the Constitution, it now belonged to the Constitution, it now belonged to the federal government; that territory can

1803.

be acquired only by conquest or purchase; of which the first mode is given to Congress, in the power to make war, and the last to the president and Senate, in the power to make treaties; and lastly, that these powers are expressly taken from the states by the Constitution, and being essential to sovereignty, must exist somewhere."

In respect to this point, as also the other which was urged by the federalists, viz., the preference given to the ports of Louisiana over those of other states, Mr. Tucker candidly confesses, that "the republican party now found that the very strict construction of the Constitution, for which they had contended when in the opposition, was not suited to them when in the exercise of power; and which, if pushed to that extreme of nicety, which some affected, would often defeat the main purposes for which the Constitution was established." Eighty-nine, therefore, voted in favor of the general resolution for carrying the treaty into effect, against twenty-three opponents; and the resolutions for a provincial government over the ceded territory, and for providing the purchase money, were passed without a division.*

The Spanish authorities in Louisiana had made every preparation, in the spring of 1803, to deliver the province over to the French Republic; and the arrival of General Victor, the commissioner, was waited for with great interest. The general, however, did not make his appearance, and news came,

* See Benton's "Abridgement of the Debates of Congress," vol. iii., pp. 53-77.

1803.

that the province had been sold to the United States. Laussat was to act as commissioner to receive Louisiana from the Spaniards, and then to transfer it to the United States. As we have intimated above, Spain expressed much indignation at this proceeding, and if she could, she would have refused her acquiescence; but she had no alternative except submission; and so Laussat issued his proclamation on the 30th of November, informing the Louisianians of the great change which was on the eve of taking place in their political relations, and with considerable skill enlarging upon the new privileges which they were thus to acquire. To prevent the possibility of violence from the lower classes of the populace, respecting whom much alarm was felt after the withdrawal of the Spanish troops, and the evacuation of the military posts, a volunteer battålion of young Americans was rolled, and placed under the command of Daniel Clarke, junior, the American consul. They were soon joined by numbers of French creoles, until they were more than three hundred strong; they were organized in detachments, and patrolled the city of New Orleans, and maintained guard in the forts night and day, until the 17th of December, when the American troops had arrived in the vicinity of the city.

William C. C. Claiborne, governor of the Mississippi Territory, and General James Wilkinson, had been appointed by the president the American commissioners; and Governor Claiborne was authorized to exercise provisionally all the civil authority pertaining to the

CH. II.]

former Spanish governor and intendant, for the preservation of order, and the protection of persons and property. On the 20th of December, possession was taken of the province: we quote from Monette an account of the ceremonies connected with this eventful day.

On Monday morning, at sunrise, the tri-colored flag was elevated to the summit of the flag-staff in the public square. At eleven o'clock, A. M., the militia paraded near it, and precisely at noon the commissioners of the United States, at the head of the American troops, entered the city. The regular troops formed on the opposite side of the square, facing the militia. At 1803. this time, the colonial-prefect, attended by his secretary, and a numbor of French citizens, advanced from his quarters to the City Hall, saluted as he approached by a discharge of artillery.

At the City Hall, a large concourse of the most respectable citizens awaited his approach. Here, in the presence of the assembled multitude, the prefect delivered to the American commissioners the keys of the city, emblematic of the formal delivery of the province. He then declared, that such of the inhabitants as desired to pass under the government of the United States, were absolved from their allegiance to the French Republic.

Governor Claiborne then arose, and offered to the people of Louisiana his congratulations on the auspicious event which had placed them beyond the reach of chance. He assured them, that the people of the United States received them as brothers, and would

45

hasten to extend to them the benefits of the free institutions which had formed the basis of our unexampled prosperity; and that, in the mean time, they should be protected in their liberty, their property, and their religion; their agriculture should be encouraged, and their commerce favored.

The tri-colored flag of France slowly descended, meeting the rising flag of the United States at half-mast. After the pause of a few minutes, the flag of France descended to the ground, and the star-spangled banner rose to the summit of the flag-staff, saluted by the roar of artillery, and the joyful response of the American people, accompanied by a full band of martial music, to the air of "Hail, Columbia !" The windows, balconies, and corridors of the vicinity were crowded with ladies, brilliant beyond comparison, each with the American flag in miniature proudly waving over their heads. The formal delivery of the more remote posts, and their dependencies, took place during the following spring. Further on, we shall speak of the troubles with Spain, which grew out of this transfer of Louisiana.

in relation to this country. And also, that whatever Mr. Jefferson's motives may have been, and however assuming to make this purchase, it was certainly better to have made it, and in whole, than to have had either a Spanish or French colony on the banks of the Mississippi. Thus Mr. Jefferson was so fortunate as to find, that an act which would have called for an impeachment under some circumstances, is now regarded as the most meritorious of his public life. It will be seen, hereafter, how well founded the apprehensions of Mr. Jefferson's opponents were. (Reference is here made to some futile attempt of Spain to impede the transfer.) With respect to the sum, (fifteen millions,) it was probably thrice as much as needed to have been given; because Bonaparte knew, at the time of the purchase, that, on renewal of the war, the whole country of Louisiana would be taken possession of by the British; and would consequently be lost both to France and Spain. . . . . Notwithstanding it has proved, so far as can be now discerned, a useful measure, except in the amount it cost."

In concluding at this point, the narrative of the acquisition of Louisiana, it is worth while to observe, in the language of an eloquent statesman, that, "the renewal of the European war, and the partialities of Mr. Jefferson in favor of France, enabled him to accomplish an object which greatly enlarged the territories of the Union-which removed a most formidable source of future dissensions with France-which exceedingly strengthened the relative influence and power of the state and

section of the Union, to which he himself belonged, and which in its consequences changed the character of the Confederacy itself. This operation, by far the greatest that has been accomplished by any administration under the Constitution, was consummated at the price of fifteen millions of dollars in money, and of a direct, unqualified, admitted, violation of the Constitution of the United States. According to the theory of Mr. Jefferson, as applied by him to the alien and sedition acts, it was absolutely null and void. It might have been nullified by the legislature of any one state in the Union, and if persisted in, would have warranted and justified a combination of states, and their secession from the Confederacy in resistance against it. That an amendment to the Constitution was necessary to legalize the annexation of Louisiana to the Union, was the opinion both of Mr. Jefferson and of Mr. Madison. They finally acquiesced, however, in the latitudinous construction of that instrument, which holds the treaty-making powers, together with an act Congress, sufficient for this operation. It was accordingly thus consummated by Mr. Jefferson, and has been sanctioned by the acquiescence of the people. Upwards of thirty years have passed away since this great change was effected. By a subsequent treaty with Spain, by virtue of the same powers and authority, the Floridas have been also annexed to the Union, and the boundaries of the United States have been extended from the Mississippi to the Pacific Ocean. There is now nothing in the