In the following year Congress divided the province, giving to the
southern part, the Territory of Orleans, which contained most of the
inhabitants, a separate territorial government, and annexing the
sparsely settled upper part to the Indiana Territory. The Act of 1804
was roundly abused because it gave to the President the appointment of
all officers in the Territory of Orleans, even the appointment of the
legislative council of thirteen. By the treaty, it was pointed out, the
inhabitants of Louisiana were guaranteed all "the rights, advantages,
and immunities of citizens of the United States." Was not representative
government one of these privileges? The obvious answer was the
unpreparedness of the Spanish inhabitants for Anglo-American
institutions. To the Western American who floated down the Mississippi,
past the cotton-fields and sugar plantations cultivated by African
negroes, and who landed his cargo on the levee at New Orleans, among the
motley throngs, province and city seemed like a foreign country, and the
inhabitants aliens in speech and habits. From the buildings, with their
many arcades and balconies and varied coloring, to the courts of law
where the Code Napoleon, introduced by Laussat, added confusion to the
Spanish law, the atmosphere of New Orleans was that of a city of the Old
World, where one civilization was superimposed upon an older. Men bred
in the traditions of the English law might reasonably doubt whether the
people of Louisiana were ready for self-government.
Before the new territorial government could be organized, a remonstrance
had been drawn up by the people of Louisiana and forwarded by three
commissioners with all possible dispatch to Washington. In the following
year (1805), Congress so far yielded to the complaints of the people of
Louisiana as to authorize an elective assembly and to hold out the
promise of eventual statehood.
But what were the bounds of Louisiana? No one knew with certitude. The
letters of Livingston and Monroe had convinced Jefferson that Louisiana
included at least West Florida, and for two years he sought by every
diplomatic device to wrest from Spain a confirmation of this shadowy
title. That Spain did not intend to cede West Florida and that France
had no expectation of receiving it seems clear enough from the
instructions to Laussat. What he handed over to the American
representative was Louisiana, with the Rio Bravo and the Iberville as
boundaries. With some show of right, Jefferson might have occupied
Texas; he preferred, however, to chase his phantom claim to Florida. For
Texas nobody then cared, but the Floridas were coveted by Southern
planters.
Public-domain text, read in full here on John Shaqi.
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