Randolph County, Missouri - Chapter 4: Louisiana Purchase, 1920

SCOPE OP LOUISIANA TERRITORY - NECESSITY OP AN OCEAN PORT - JEFFERSON'S NEGOTIATIONS - LIVINGSTON AND MONROE TO PARIS - PURCHASED PROM NAPOLEON - TERRITORY OP THE UNITED STATES DOUBLED - ORGANIZATION OP TERRITORY - COUNCIL PROCEEDINGS - POPULATION - TERRITORIAL LEGISLATURE.

Prior to 1803 the territory, entire, of the United States included Maine and extended thence south to Florida and thence westward to the Mississippi, thence up the Mississippi to its source, thence north to Canada. Immediately after the revolution immigration westward began and settlements were effected along the Mississippi and to a greater extent along the Ohio and its tributaries. There were no railroads then, nor steamboats. The way to the ocean, and the only way that surplus products could find a market, was by way of New Orleans and the mouth of the Mississippi; hence the fact that New Orleans and the way to the sea were controlled by a foreign country, caused discontent and loud clamor from Pittsburg, down the Ohio and Mississippi, to the last settlement on its eastern bank. So insistent and importunate were these settlers, citizens all, so unnecessary did it seem, that the present and future interest of these settlers be conserved, and so imperative, if the peace of the nation be maintained, that in the early part of the year 1803 President Jefferson, assisted by Madison, framed careful instructions, and appointed James Monroe, envoy extraordinary, to treat with France for the purchase of New Orleans. Shortly before, Robert R. Livingston had been appointed minister to France and was sent January 11, 1803. Jefferson fully realized the importance of the acquisition of the mouth of

In a letter to Monroe he wrote, "If we cannot by a purchase of the country, insure to ourselves a course of perpetual friendship with all nations, then as war cannot be far distant, it behooves us immediately to prepare for that course without, however, hastening it."

When Monroe later arrived with more extensive powers, Livingston had already begun negotiations and was waiting to conclude terms for the purchase of not only New Orleans, but both ujpper and lower Louisiana, at a price within the reach of the United States treasury.

Napoleon was at the time on the verge of a war with England and he needed money, besides by reason of the supremacy of the English upon the sea and war inevitable, he deemed the colony of Louisiana lost already. The time was auspicious and the terms were speedily agreed upon and as speedily concluded. Napoleon urged that the business be closed at once lest, he said, "I shall only transmit an empty title to those republicans whose friendship I seek."

Four days later, after these documents had been translated into English, they were again signed. This was the final act and the purchase was completed. After thus completing their task an exalted sentiment seemed to animate and inspire the three ministers who had negotiated this compact. As soon as they had signed they rose to their feet and shook hands. Livingston, in expressing the general satisfaction said: "'We have lived long, but this is the noblest act of our whole lives. The treaty which we have just signed has not been obtained by art, or dictated by force; equally advantageous to the two contracting parties, it will change vast solitudes into flourishing districts. From this day the United States take their place among the powers of the first rank. 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 error of superstition and the scourage of bad government."

When Napoleon heard that the treaty had been made final he said: accession of this outlet strengthens forever the power of the United

This stupendous land transaction was concluded within two months after Monroe had sailed from New York. This treaty so manifestly advantageous, was not so speedily ratified. Grave doubts arose as to whether new territory, and up to that time foreign territory, could be legally annexed.

The constitution, it was contended, was formed for the government of a certain known and defined territory and could not be extended to other territory without the consent of each of the states. President Jefferson himself was of the opinion that the acquisition of anj'' additional territory whatever, under the obligation to admit such territory as a state to the Union, was not warranted by the constitution. He confessed that in lending his approval he had "stretched his power till it cracked." These old time statesmen had the utmost respect for the constitution, and no doubt construed it strictly, and sought to shun the least infraction of this sacred covenant.

The formal transfer of the possession of Lower Louisiana was made by the representatives of the French government, and accepted by those of the United States on December 20, 1803, at New Orleans, and the French flag was hauled down and the flag of the United States hoisted instead.

Twenty-five days later, on January 12, 1804, the formal possession of North Louisiana was likewise transferred to this country in the city of St. Louis, and the stars and stripes hoisted in place of the colors of France.

The acquisition of this vast territory thus obtained doubled the area of the United States and more than doubled its natural resources. The Mississippi had now become ours and its every tributary, and the right of way down its broad bosom to the open sea was likewise ours, beyond dispute.

The magnitude of the two Louisianas can be realized only by tracing their boundaries. On the south it included the gulf short of Louisiana, west to Texas. Thence northwest with the undefined eastern boundary of Texas to the Red river ; thence up the Red river to the 100th meridian, at the southwest comer of the present state of Oklahoma; thence along said meridian, north to the Arkansas river; thence up this river to its source, and on to the main crest or divide of the Rocky Mountains; thence northwesterly, along said divide to the Canadian line, at about the 113th meridian, west; thence east, along said Canadian boundary about 900 miles to a point on the south shore of the Lake of the Woods, directly north of the source of the Mississippi ; thence south to said source, thence down said river to the state of Louisiana, the place of beginning.

Included within these limits there are over nine hundred thousand square miles of land, or six million acres; all of which was obtained by this purchase for sixteen million dollars, or two and two-thirds dollars per acre - a good buy certainly, when we take into consideration the fact that Randolph County was included in this purchase.

Ten days after the ratification of the treaty, October 21, 1803, temporary measures were taken for the government of the Louisianans, and Amos Stoddard was appointed Commandant of Upper Louisiana. This temporary provision came to an end by act of congress which went into effect October 1, 1804,

This act provided that- Louisiana be divided into two territories, all south of the thirty-third parallel being designated as the Territory of Orleans, and all north of that line as the District of Louisiana. The Territory of Orleans was given its own territorial government, but the District of Louisiana, for governmental purposes, was placed under the government of the territory of Indiana which then embraced all the then Northwest Territory. The Territory of Louisiana was of the lower grade, and all of the officers were appointed ; the people had no voice therein.

This governmental arrangement, however, created universal dissatisfaction in the district of Upper Louisiana, so much so that five days before it was to go into effect, the representatives of the five administrative divisions of the district, all in Missouri (St. Charles, St. Louis, St. Geneveve, Cape Girardeau and New Madred) joined in a petition protesting against the* act, and so cogent and convincing was this petition and protest that on March 3, 1805, congress by an act of that date, provided for a separate territorial organization for Upper Louisiana, thereby creating the Territory of Louisiana, instead of the District of Louisiana. No material change was made in this arrangement until 1812. By this time the population had doubled ; 10,000 in 1804 had grown to 20,800 in 181'2, in consequence of an influx of settlers from the states east of the Mississippi. These hardy pioneers bought with them not only their dogs, their rifles and their families, but very positive convictions as to the right of local self-government, at the earliest date possible. In consequence they submitted to congress, between 1810 and 1812, fifteen petitions praying for a higher and better form of territorial government.

Congress, on July 4, 1812, changed the name of Louisiana Territory to Missouri Territory and organized the same with a governor and general assembly. The governor, legislative council and the house of representatives exercised the legislative power of the territory, the governor's vetoing power being absolute.

The legislative council was composed of nine members, whose tenure of office lasted five years. Eighteen citizens were nominated by the house of representatives to the President of the United States, from whom he selected, with approval of the senate, nine councillors to compose the legislative council.

The house of representatives consisted of members chosen every two years by the people, the basis of representation being one member for every five hundred white males. The first house of representatives consisted of thirteen members, and, by act of congress, the whole number of representatives could not exceed twenty-five.

The judicial power of the territory was vested in the superior and inferior courts and in the justices of the peace; the superior court having three judges, whose term of office continued four years, having original and appellate jurisdiction in civil and criminal cases.

The territory could send one delegate to congress. Governor Clark issued a proclamation October 1, 1812, required by congress, reorganizing the districts of St. Charles, St. Louis, St. Genevieve, Cape Girardeau and New Madrid, into five counties and fixed the second Monday in November following for the election of a delegate to congress and the members of the territorial house of representatives.

Captain William Clark, of the expedition of Lewis and Clark, was the first territorial governor of Missouri Territory, appointed by the president, and began his duties in 1813.

Edward Hempstead was elected, being the first territorial delegate to congress from Missouri. He served one term, declining a second term, and was instrumental in having congress pass the act of June 13, 1812, which he introduced, confirming the title to lands which were claimed by the people by virtue of Spanish grants. The same act confirmed to the people "for the support of schools," the title to village lots, out-lots or common field lots, which were held and enjoyed by them, at the time of the cession in 1803.

Under the act of June 4, 1812, the first general assembly held its session in the house of Joseph Robidoux, in St. Louis, on the 7th of December, 1812. The names of the members of the house were:

The house of representatives proceeded to nominate eighteen persons from whom the president of the United States, with the senate, was to select nine for the council. From this number the president chose the following:

The legislative council, thus chosen by the president and senate, was announced by Frederick Bates, secretary and acting governor of the territory, by proclamation, June 3, 1913, and fixing the first Monday in July following, as the time for the meeting of the legislature.

In the meantime the duties of the executive office were assumed by William Clark. The legislature accordingly met, as required by the acting governor's proclamation, in July, but its proceedings were never officially published. Consequently but little is known in reference to the workings of the first territorial legislature in Missouri.

From the imperfect account published in the Missouri Gazette of that day, a paper which had been in existence since 1808, it is found that laws were passed regulating and establishing weights and measures ; creating the office of sheriff, providing the manner for taking the cen- sus, permanently fixing the seats of justices and an act to compensate its own members. At this sesion laws were also passed defining crimes and penalties, law in reference to forcible entry and detainer, establishing courts of common pleas, incorporating the Bank of St. Louis, and organizing a part of Ste. Genevieve County into the County of Washington.

The next session of the Legislature convened in St. LohIs, December 6, 1813. George Bullet of Ste. Genevieve County, was speaker elect, and Andrew Scott, clerk, and William Sullivan, doorkeeper. Since the adjournment of the former Legislature, several vacancies had occurred, and new members had been elected to fill their places. Among these was Isreal McCready, from the county of Washington.

The president of the Legislative Council was Samuel Hammond. No journal of the council was officially published, but the proceedings of the house are found in the Gazette.

At this session of the Legislature many wise and useful laws were passed, having reference to the temporal as well as the moral and spiritual welfare of the people. Laws were enacted for the suppression of vice and immorality on the Sabbath day; for the improvement of public roads and highways; creating the ofl!ices of auditor, treasurer and county surveyor; regulating the fiscal affairs of the territory and fixing the boundary lines of New Madrid, Cape Girardeau, Washington and St. Charles counties. The Legislature adjourned on the 19th of January, 1914, sine die.

The population of the territory as shown by the United States census in 1810, was 20,845. The census taken by the Legislature in 1814 gave the territory a population of 25,000. This enumeration shows the county of St. Louis contained the greatest number of inhabitants, and the new county of Arkansas the least, the latter having 827, and the former, 3,149.

The candidates for delegate to Congress were Rufus Easton, Samuel Hammond, Alexander McNair and Thomas F. Riddick. Rufus Easton and Samuel Hammond had been candidates at the preceding election. In all the counties, excepting Arkansas, the votes aggregated 2,599, of which number Mr. Easton received 965, Mr, Hammond, Mr. McNair 853 and Mr. Riddick (who had withdrawn previously to the election) 35. Mr. Easton was elected.

sentatives in the Territorial Legislature to twenty-two. The General Assembly began its session in St. Louis, December 5, 1814. There were present on the first day twenty representatives. James Caldwell of Ste. Genevieve County was elected speaker, and Andrew Scott who had been clerk of the preceding assembly, was chosen clerk. The president of the council was William Neelwy, of Cape Girardeau County.

It appeared that James Maxwell, the absent member of the Council, and Seth Emmons, member elect of the House of Representatives, were dead. The county of Lawrence was organized at this session, from the western part of New Madrid County, and the corporate powers of St. Louis were enlarged. In 1815 the Territorial Legislature again began its session. Only a partial report of its proceedings are given in the Gazette. The County of Howard was then organized by bill approved January 13, 1916, from St. Louis and St. Charles Counties, and included practically all that part of the state lying north of the Osage and south of the dividing ridge between the Mississippi and Missouri rivers.

The next session of the Territorial Legislature commenced its session in December, 1916. During the sitting of this Legislature many important acts were passed. It was then the "Bank of Missouri" was chartered and went into operation. In the fall of 1817 the "Bank of St. Louis" and the "Bank of Missouri" were issuing bills. An act was passed chartering lottery companies, chartering the academy at Postosi, and incorporating a board of trustees for superintending the schools in the town cf St. Louis. Laws were also passed to encourage the "killing of wolves, panthers and wild-cats."

The Territorial Legislature met again in December, 1818 and among other things, organized the counties of Pike, Cooper, Jefferson, Franklin, Wayne, Lincoln, Madison, Montgomery, and three counties in the southern part of Arkansas. In 1819 the Territory of Arkansas was formed into a separate government of its own.