importing slaves, and many more were imported surreptitiously against the law in other parts of the Union. Petitions from the western part of the country for the admission of slaves served, in Mitchell's opinion, to show the disposition of the people.

Land jobbers and speculators on the eastern side of the Mississippi were in favor of preventing the settlement and sale of lands in Louisiana for the present. Jackson, of Georgia, whom Mitchell considered as an index to the intentions of the party in power, said it would be ruinous to the southern states to open the sale of lands of that country and it must not be done.37 Mitchell did not doubt that it would be postponed for the present. Many of the politicians of the South also opposed the settlement of Louisiana, fearing it would draw off inhabitants of their states. Many others, on the other hand, were anxious for an immediate settlement, because of the opportunity for speculation. Mitchell thought the purchase a foolish and unconstitutional bargain, which instead of a source of revenue would become a drain on the population and money of the Union; and would create no end of trouble.

Mitchell then turned to another phase of the question in which he showed much keener immediate insight than many of his friends. He stated it as his sincere belief that the purchase would have a beneficial influence on the "Eastern and Northern States.' On this point he wrote:

The Western section of this Union have hitherto been altogether under the controul of Virginia and the Carolinas, because to them they looked for aid and protection, while they were the frontier of the U. States. Now while they are no longer a frontier people and all fears for their security, which is the first object, are at an end, they will no longer consider their neighbours as their natural protectors; and will be left in future to attend to their private interest and prosperity. In viewing them in this situation we shall see that their trade and intercourse will be altogether with the commercial states. They are dependent on their neighbours for no single article of life, and whatever they may receive of them will be through the hands of merchants and the navigation of the Mississippi, Ohio, and other 37 Compare Jackson's speeches in the Senate on the Breckinridge Bill, Chapter VII.

rivers leading into it. This will render them more acquainted with the Eastern States. Besides they are the natural competitors and rivals of the Southern States in the market. While I am penning this sentence I overhear several members talking of a Northern and Western coalition. This language is already in vogue, and whether there will be any weight in my observations on this subject, you can judge better than 1.38

The importance of a "Northern and Western coalition" certainly came to be recognized and was to play a great political rôle in the years following the War of 1812 when New England and western interests were linked together on the platform of protection and internal improvements.

The form of government for Louisiana established by the law of March 26, 1804, did not escape the attacks of Jefferson's critics. The New England Repertory declared the source of that government novel in the political progress of the United States, because not one of the people to be governed would have a voice in the government. It was a despotism, with the President of the United States as the fountain of all power. "Louisiana is a part of the empire of the United States or it is not. If it is not, we have nothing to do with it. If it is, the establishment of a monarchy over a large country appertaining to the United States, is a gross violation of the spirit of the Constitution. ''39

The New York Herald stated that a perusal of the sketch of the debates in Congress would show that the "friends to the equal rights of man" were considerably hampered by the difficulties presented in the Breckinridge Bill. The proposal of the President to erect a government about as despotic as that of Turkey in Asia," had the approval of his friends, but they were afraid of consequences; while the Herald said they might well be, "unless they can contrive to silence all the presses in the nation. ''40

38 Nahum Mitchell to Edw. H. Robbins, Washington, March 12, 1804, in Robbins Papers, 1800-1838, VII.

39 New England Repertory, Tuesday, March 6, 1804. Copied in Thomas's Massachusetts Spy, or Worcester Gazette, Wednesday, March 14.

40 New York Herald, Wednesday, March 7, 1804.

CHAPTER IX

PROBLEMS OF TERRITORIAL GOVERNMENT

The inhabitants of Louisiana had expected a more liberal form of government and were greatly disappointed in the one provided. The report of the passage of a law by the Senate prohibiting the importation of foreign slaves into Louisiana caused great agitation, according to Governor Claiborne. The people considered it a serious blow at the commercial and agricultural interests of the province. Importation of slaves into South Carolina served to increase discontent. The people generally could not be made to understand the present power of the state authorities with regard to the importation of such persons. Many thought Congress connived at this. A mass meeting was held to protest to Congress on the question of the slave trade, commercial restrictions, and government in general, and a committee was appointed to draw up a memorial.2

Prohibition of the importation of foreign slaves was a grievance which was raised continually, and will be referred to again. Whether the governor's voice was final in judicial matters in the new territory was a question Jefferson was called upon to answer. Under the Spanish Government the Louisianians had been allowed an appeal from their governor to the governor general in Cuba. Such an appeal from a decision of Governor Claiborne came to the President. Jefferson did not believe that Congress when it authorized him to give any person all the power of the officers of the "then existing government," had intended to include the governor general of Cuba or the King of Spain. After asking the advice of Attorney General Levi

1 Claiborne to Madison, March 10, 1804, in Claiborne Papers, "Claiborne's Correspondence relative to Louisiana," I.

2 Claiborne to Madison, March 16, 1804, ibid.

Lincoln on this point, Jefferson informed Claiborne that it was an error to presume that there was an appeal to the President. No authority had yet been created paramount to that of the governor. Such being the case, Jefferson remanded such matters to Claiborne for a second consideration, the remanding "to be considered as a measure of course, and not conveying in the slightest degree an opinion or even a suspicion that there is or is not error in the first proceedings."'4

The course of territorial government did not run as smoothly as might have been desired by those in authority. The corre'spondence which passed between Governor Claiborne and the President and Secretary of State in Washington is filled with various opinions and recommendations. After the passage of the Breckinridge Bill, Jefferson asked Claiborne to communicate to him the names of the men best fitted to be appointed members of the legislative council. Jefferson thought a mere majority of them ought to be Americans and the rest French or Spanish.5 Desirous of placating the native inhabitants though he might be, Jefferson nevertheless wanted to keep the control in American hands.

Claiborne kept the federal authorities well informed on conditions in the territory under his control, at least so far as frequent letters could do it. The extension of registry to vessels owned by Louisianians gave general satisfaction and removed one cause of discontent. The prohibition of the importation of foreign slaves was still viewed by the citizens as a great grievance, yet quiet prevailed and Claiborne expressed the opinion

3 Jefferson to the Atty. Genl., March 14, [18]04, in Jefferson Papers, "Letters from Jefferson, 1st Series, 1802-1803," IX, (39).

4 Jefferson to Governor Claiborne, March 18, [18]04, in ibid., (44). Quoted in part in J. F. H. Claiborne, Mississippi as a Province, Territory and State, I, 251-252.

5 Jefferson to Governor Claiborne, April 17, 1804, in Jefferson Papers, "Letters from Jefferson, 1st Series,'' IX, (67).

6 Claiborne to Jefferson, April 15, 1804, in Jefferson Papers, "Letters received at Washington, 2d Series," XIX, (3).

that unless the natives of the United States should excite discontent, the Louisianians would become well pleased with the temporary government."

Only four days after the writing of this letter the Mayor of New Orleans, Étienne de Boré, resigned. The municipal body, composed of a mayor, a council of twelve, and a clerk, which had been established by Laussat in place of the abolished cabildo, had been carried over under the government of the United States. Boré, in an address to the council, May 16, 1804, asked that a formal protest be made against the form of government on the ground that it annihilated the rights of the Louisianians. He held it to be a departure from the principles of American government and an infringement of the natural rights of the people of the territory and of the third article of the treaty of cession. The council declining to make such a protest because it believed this to be the province of the people at large and not the municipal council, Boré resigned.

8

Other evidences of discontent led Claiborne to write that as soon as the state of society would permit, he "would like to see the representative system in its fullest latitude extended to this territory." However, he thought Congress had been wise in not immediately conferring the privilege of self-government on the people, as this would probably have proved a misfortune to Louisiana. The natives of Louisiana he considered a pacific, amiable people. Adventurers from outside were the ones who caused trouble among a credulous people. Who some of these "adventurers" were Claiborne also informed Madison. Among the most distinguished and active of those who disapproved of the measures of the Government in relation to Louisiana was

7 Claiborne to Madison, May 12, 1804, in Madison Papers, XXVI, "Writings to Madison, Nov. 6, 1803-Aug. 21, 1804.''

8 Fortier, History of Louisiana, III, 14-15.

9 Claiborne to Jefferson, May 29, 1804, in Jefferson Papers, "Letters received at Washington, 2d Series," XIX, (7).