A Wilderness So Immense (61 page)
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Authors: Jon Kukla
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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 qualifications, and not being comprised in the exceptions contained in the present Convention.
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8
The Same agents Shall likewise examine the claims which are not prepared for liquidation and certify in writing those which in their Judgment ought to be admitted to liquidation.
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9
In proportion as the debts mentioned in these articles Shall be admitted they Shall be discharged with interest at Six per Cent by the Treasury of the United States.
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And that no debt shall not have the qualifications above mentioned and that no unjust or exorbitant demand may be admitted, the Commercial agent of the United-States at Paris or Such other agent as the Minister Plenipotentiary of the United States Shall think proper to nominate shall assist at the operations of the Bureaus and cooperate in the examinations of the claims; and if this agent Shall be of the opinion that any debt is not completely proved or if he shall judge that it is not comprised in the principles of the fifth article above mentioned, and if notwithstanding his opinion the Bureaus established by the french Government should think that it ought to be liquidated he shall transmit his observations to the board established by the United States who without removing documents shall make a complete examination of the debt and vouchers which Support it, and report the result to the Minister of the United States.—The Minister of the United States Shall transmit his observations in all Such cases to the Minister of the treasury of the French Republic on whose report the French Government Shall decide definitively in every case.
The rejection of any claim Shall have no other effect than to exempt the United States from the payment of it the French Government reserving to itself, the right to decide definitively on Such claim So far as it concerns itself.
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Every necessary decision Shall be made in the course of a year to commence from the exchange of ratifications and no reclamation Shall be admitted afterwards.
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In case of claims for debts contracted by the Government of France with citizens of the United States Since the 8th Vendémiaire 9th year/30 September 1800 not being comprised in this Convention may be pursued and the payment demanded in the Same manner as if it had not been made.
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The present convention Shall be ratified in good and due form and 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 respective Ministers Plenipotentiary have Signed the above Articles both in the french and english languages declaring nevertheless that the present treaty has been originally agreed on and written in the french language, to which they have hereunto affixed their Seals.
Done at Paris the tenth of Floreal eleventh year of the French Republic. 30th April 1803.
Robt R Livingston [seal]
Jas Monroe [seal]
Barbé Marbois [seal]
Draft Amendments to the Constitution,
July-August 1803
In the summer of 1803, President Jefferson and his cabinet discussed the necessity of amending the Constitution for the acquisition of Louisiana. The following draft amendments were written during the course of their deliberations. None was formally proposed.
1. Between June 30 and July Q, 1803, President Jefferson prepared a lengthy draft of an amendment to Article 4, Section 3 of the United States Constitution.
1
The Province of Louisiana is incorporated with the U.S. and made part thereof. The rights of occupancy in the soil, and of self government, are confirmed to the Indian inhabitants, as they now exist. Pre-emption only of the portions rightfully occupied by them, and a succession to the occupancy of such as they may abandon, with the full rights of possession as well as of property and sovereignty in whatever is not or shall cease to be so rightfully occupied by them shall belong to the U.S.
The legislature of the Union shall have authority to exchange the right of occupancy in portions where the U.S. have full right for lands possessed by Indians within the U.S. on the East side of the Mississippi: to exchange lands on the East side of the river for those of the white inhabitants on the West side thereof and above the latitude of 31 degrees: to maintain in any part of the province such military posts as may be requisite for peace or safety: to exercise police over all persons therein, not being Indian inhabitants: to work salt springs, or mines of coal, metals and other minerals within the possession of the U.S. or in any others with the consent of the possessors; to regulate trade and intercourse between the Indian inhabitants and other persons; to explore and ascertain the geography of the province, its productions and other interesting circumstances; to open roads and navigation therein where necessary for beneficial communication; and to establish agencies and factories [i.e., frontier
trading posts] therein for the cultivation of commerce, peace and good understanding with the Indians residing there.
The legislature shall have no authority to dispose of the lands of the province otherwise than as hereinbefore permitted, until a new Amendment of the constitution shall give that authority. Except as to that portion thereof which lies South of the latitude of 31 degrees; which whenever they deem expedient, they may erect into a territorial Government, either separate or making part with one on the eastern side of the river, vesting the inhabitants thereof with all the rights possessed by other territorial citizens of the U.S.
2. About July g, 1803, after reviewing Jefferson’s draft, James Madison offered him this alternative amendment.
2
Louisiana as ceded by France is made part of the U. States. Congress may make part of the U.S. other adjacent territories which shall be justly acquired.
Congress may sever from the U.S. territory not heretofore within the U. States, with consent of a majority of the free males above 21 years, inhabiting such territory.
3. On July g, 1803, after reviewing Jefferson’s draft, Navy Secretary Robert Smith offered Jefferson the following draft:
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Louisiana being in virtue of the Treaty etc incorporated with the United States and being thereby a part of the Territory thereof Congress shall have power to dispose of and make all needful rules and regulations respecting the same as fully and effectually as if the same had been at the time of the establishment of the Constitution a part of the Territory of the U. States: provided nevertheless that Congress shall not have power to erect or establish in that portion of Louisiana which is situated North of the Latitude of /32/ degrees any new State or territorial government nor to grant to any citizen or citizens or other individual or individuals excepting Indians any right or title whatever to any part of the said portion of Louisiana until a new Amendment to the Constitution shall give that authority.
4. After July g, 1803, Jefferson prepared this second draft amendment.
4
Louisiana, as ceded by France to the U.S. is made part of the U.S. Its white inhabitants shall be citizens, and stand, as to their rights and obligations,
on the same footing with other citizens of the U.S. in analogous situations. Save only that as to the portion thereof lying North of an East and West line drawn through the mouth of Arkansa river, no new State shall be established, nor any grants of land made, other than to Indians in exchange for equivalent portions of land occupied by them, until authorized by further subsequent amendment to the Constitution [which] shall be made for these purposes.
Florida also, whenever it may be rightfully obtained, shall become a part of the U.S. Its white inhabitants shall thereupon be Citizens and shall stand, as to their rights and obligations, on the same footing with other citizens of the U.S. in analogous situations.
5. On August 24, Jefferson enclosed his last draft in a letter to James Madison stating that upon “further reflection on the amendment to the constitution necessary in the case of Louisiana,” he had decided that “it will be better to give general powers, with specified exceptions, somewhat in the way stated below.”
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Louisiana, as ceded by France to the U.S., is made part of the U.S. Its white inhabitants shall be citizens, and stand, as to their rights and obligations on the same footing with other citizens of the U.S. in analogous situations.
Save only that as to the portion thereof lying North of the latitude of the mouth of Arcansa river, no new state shall be established, nor any grants of land made therein, other than to Indians in exchange for equivalent portions of land occupied by them, until an amendment to the Constitution shall be made for these purposes.
Florida also, whensoever it may be rightfully obtained, shall become a part of the U.S. Its white inhabitants shall thereupon be citizens, and shall stand as to their rights and obligations on the same footing with other citizens of the U.S. in analogous circumstances.
This book relies heavily on documentary sources, both from manuscripts and from the variety of comprehensive editions that have become hallmarks of modern American scholarship. Based on the canons of modern documentary scholarship, so-called accidentals are handled consistently in quotations from all documentary sources. Terminal periods in abbreviations are omitted unless retained in modern usage, thus, James Monroe’s
wold,
is presented as
wo[u]ld
but
Mr.
remains
Mr.
Superior letters are brought to the line of the text. Ampersands and &
c
are generally spelled out, and Jefferson’s frequent use of
it’s
for
its
is silently corrected. Jefferson and his contemporaries invented many ways to spell
Mississippi;
I employ the single modern spelling. When quoting from a modern documentary edition, I generally suppress the editorial apparatus used to identify interlineations, passages written in code or cipher, or readings supplied by a reliable editor. When it is important for the reader to be aware of the original orthography, I comment upon it in the text or notes. Underscored words from manuscript sources are set in italics, and italics are retained when they were used for emphasis rather than typographical decoration in printed sources. The notes identify those few instances in which I employ italics to convey my own emphasis within a quotation (e.g., when Rufus King wrote of his
“particular
country” in 1786), and the notes also indicate those few occasions when an author underscored the entire quoted passage for emphasis. When quoting from older translations of primary sources (principally the WPA-era Spanish Despatches), I have corrected obvious typographical errors and rendered a few awkwardly translated phrases into idiomatic English. For liturgical texts familiar in Latin to eighteenth-century men and women, I have used translations that echo the sturdy language of American hymns and liturgy.
All my interpolations in quoted passages are presented within brackets, including the occasional substitution of a noun for a pronoun (e.g.,
Madison’s (or his)
or a third-person for a first-person pronoun (e.g.,
her for my).
The notes direct anyone to my original sources. With few exceptions, the notes refrain from comment about historiographical debates, nor are they intended as a complete
bibliography of works consulted. Information from the
Dictionary of American Biography, American National Biography, Biographical Directory of the American Congress, Hornbook of Virginia History,
and other standard reference works is used without citation.
S
HORT
T
ITLES
| AHR | American Historical Review |
| Dangerfield, Livingston | George Dangerfield, Chancellor Robert R. Livingston of New York, 1746–1813 (New York, 1960) |
| HAHR | Hispanic American Historical Review |
| JAH | Journal of American History |
| Jefferson Papers | Julian P. Boyd, Charles Cullen, John Catanzariti, Barbara Oberg et al., eds., Papers of Thomas Jefferson (Princeton, 1950-) |
| Letters of Delegates | Paul H. Smith, Ronald M. Gephart et al., eds., Letters of the Delegates to Congress, 1774–1789 (Washington, D.C., 1976–2000) |
| LH | Louisiana History |
| LHQ | Louisiana Historical Quarterly |
| Madison Papers | William T. Hutchinson, William M. E. Rachal, Robert A. Rutland et al., eds., Papers of James Madison (Chicago and Charlottesville, 1962-) |
| Madison Papers: State | Robert J. Brugger, Mary A. Hackett, David B. Mattern et al., eds., Papers of James Madison: Secretary of State Series (Charlottesville, 1986-) |
| MVHR | Mississippi Valley Historical Review |
| Robertson, Louisiana | James Alexander Robertson, Louisiana Under the Rule of Spain, France, and the United States, 1785–1807 (New York, 1910–1911) |
| Schama, Citizens | Simon Schama, Citizens: A Chronicle of the French Revolution (New York, 1989) |
| Spanish Despatches | Despatches of the Spanish Governors (Works Progress Administration typescripts, 1937–1938), Special Collections, Howard-Tilton Library, Tulane University |
| State Papers and Correspondence | State Papers and Correspondence Bearing upon the Purchase of the Territory of Louisiana (Washington, D.C., 1903) |
| Territorial Papers | Clarence Edwin Carter, ed., Territorial Papers of the United States, vol. 9, Territory of Orleans, 1803–1812 (Washington, D.C., 1940) |
| VMHB | Virginia Magazine of History and Biography |
| Washington Papers | W. W. Abbot and Dorothy Twohig, eds., Papers of George Washington: Confederation Series (Charlottesville, 1992–1997) |