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of any minister. By way of additional motive to sell, CHAPTER he pressed the old claims of American citizens, recognized by the recent convention, for supplies furnished to 1803. France, but upon which nothing had yet been paid.

There seemed, however, to be little prospect of success till the application began to be seconded by the evident approach of a new European war. That made a great

difference; and shortly before Monroe's arrival at Paris, Livingston was requested by Talleyrand to make an of April 11 fer for the whole of Louisiana. That was an extent of purchase which had not been contemplated either by Livingston or by the administration which he represented. It had been supposed that the cession by Spain to France either included, or would be made to include, the Floridas as well as Louisiana; and the purchase contemplated by the joint instructions to Livingston and Monroe was that of the Floridas, or the western part of them, with the island of Orleans. The highest amount authorized to be offered was fifty millions of livres, or about ten millions of dollars. Should France obstinately refuse to sell, the ministers were authorized to enter into negotiations with Great Britain, with the view of preventing France from taking possession of Louisiana, and of ultimately securing it to the United States.

Bonaparte presently suggested, as the price of Louisiana, a hundred millions of livres, about twenty millions of dollars, in cash or stocks of the United States, to which was to be added the payment, out of the American treasury, of all the claims of American merchants recognized by the late convention. This offer was made through Marbois, the same who had been formerly secretary to the French embassy to America, and who was now at the head of the French treasury. Talleyrand had been dropped, as Livingston conjectured, because Bonaparte,

CHAPTER recollecting the X, Y, Z affair, was not willing to trust him in any matter where money was concerned.

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Livingston and Monroe, after consulting together, concluded to offer fifty millions of livres, subject, however, to the deduction of enough to pay the American claims, estimated at from twenty to twenty-five million livres. Marbois offered to take sixty million livres, the American government undertaking in addition, to discharge the claims of the merchants to the extent of twenty millions of livres should they amount to so much. April 30. On this basis the treaty was finally concluded, in three separate parts, all dated the same day-a treaty of cession, and two conventions regulating the payment of the consideration. The treaty, after setting forth the title of France as acquired from Spain, transferred that title to the United States, with a proviso that the inhabitants should be secure in their liberty, property, and religion, and should be admitted, as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights of citizens of the United States. The ships of France and Spain, laden with the produce of those countries or their colonies, were, during the next twelve years, to be admitted at the port of New Orleans on the same terms as American vessels, and French ships ever afterward on the footing of the most favored nation. The first of the two conventions stipulated that the pay. ment of the sixty millions of livres should be made in six per cent. stock of the United States to the amount of $11,250,000, the interest to be payable in Europe, and the stock to be redeemable after fifteen years in annual installments of not less than three millions of dollars. Under the second convention, the claims of citizens of the United States on France were to be paid at the American treasury to the amount of $3,750,000, on orders

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1803.

of the American minister in France, such orders to be CHAPTER based on the joint determinations of the French bureau to which these claims had been referred, acting in conjunction with three American commissioners to be appointed for that purpose; the ultimate decision, should any difference of opinion arise, to be with the French minister of Finance. This negotiation completed, Monroe proceeded to London, to take the place of King, who had asked to be recalled.

The news of this arrangement was received with great exultation by the president and his cabinet. The assumption of power by the ministers in bargaining for the whole of Louisiana was cordially approved, and a good deal of pains was taken to soothe Livingston, who evinced no little dissatisfaction that Monroe should have been sent out to wrest from him, as it were, the honors of the treaty. In one respect, however, this treaty placed Jefferson in an awkward predicament. He had always been a great stickler for a strict construction of the Con stitution, and had strenuously denied to the general gov ernment any powers not specifically conferred upon it. But no clause of the Constitution gave Congress any express power to appropriate money to purchase additional territory. Such a power could only be maintained under that general clause by which Congress was authorized to lay and collect taxes to pay the debts and provide for the common defense and general welfare of the United States. But Jefferson had always warmly maintained, and had charged the contrary opinion on Hamilton as a most pernicious heresy, that this general clause gave no power beyond the powers afterward specifically enumerated, and among these the acquisition of territory was not included. In his private correspondence he fully admitted this difficulty, and proposed to get over it by

CHAPTER amending the Constitution. But as the treaty required XVII. a mutual exchange of ratifications within six months, 1803. his plan was that Congress should grant the money, not withstanding its want of power, and trust to a confirma. tion of their act under an amendment to the Constitution to be subsequently made. To hasten the matter, he issued a proclamation calling Congress together; but as the elections were not yet completed, the day fixed did but just precede the expiration of the six months.

Meanwhile, a large extinguishment was made of the Indian title to the region north of the Ohio. At a treaty Aug. 13. held with Governor Harrison, in consideration of the

protecting care of the United States, of $580 in cash, of an increase of their annuity to $1000, of $300 toward building a church, and of an annual payment for seven years of $100 to a Catholic priest (who, perhaps, had no inconsiderable part in bringing about the treaty), the little tribe of Kaskaskias, reduced to a few hundred individuals, but claiming to represent the once considerable confederacy of the Illinois, ceded to the United States, except a small reservation, all that great tract included within a line beginning at the mouth of the Illinois, de scending the Mississippi to its junction with the Ohio, ascending the Ohio to the Wabash, and from a point up the Wabash west again to the Mississippi, embracing all the southern part of the present State of Illinois-a valuable tract, but not equal to many other districts of the Western country, a large part of it being prairie, portions of which were but ill supplied with good water.

The squadron employed against Tripoli, reduced by the departure of several vessels, had been able to accom plish nothing. Yet the blockade was not altogether use. less. The John Adams, while cruising alone off that

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port, engaged and captured the Meshouda, one of the CHAPTER Tripolitan cruisers lately blockaded at Gibraltar, but which, under pretense of having been sold to the Emperor of Morocco, was endeavoring to get home. Not long after, another Tripolitan ship of war, the largest belonging to the Bey, was attacked and blown up while attempting to get into the harbor.

The four new vessels authorized at the late session, the Argus and Siren, brigs of eighteen guns, the Nautilus and Vixen, schooners of fourteen guns, were rap idly completed, and were dispatched as fast as they were ready. The frigates Constitution and Philadelphia were also sent out to relieve the other vessels, all of which except the Enterprise were ordered home. The command of the new squadron was given to Edward Preble, who hoisted his flag on board the Constitution.

May.

June.

Both Algiers and Morocco had lately shown signs of hostility, in consequence of which the blockade of Tripoli had been abandoned, in order that the ships might be employed in giving convoy. The Philadelphia, Captain Bainbridge, on her passage out, encountered and captured, just within the Straits of Gibraltar, a cruiser of Morocco, the Mirboha, of twenty-two guns, having an Aug. 26 American brig in company, of which she had made prize. Some weeks after, Preble arrived at Gibraltar, whither Bainbridge had sent his prizes, and finding how the case was, he stood across to Tangier, accompanied by the Nautilus and the frigates New York and John Adams, which he met with at Gibraltar on their way home. Upon the appearance of this fleet, the Emperor of Morocco disavowed any orders to commit hostilities, Oct. & and matters were arranged upon Preble's agreeing to restore the Mirboha, and also the Meshou la, the same vessel taken off Tripoli, but claimed by the emperor as purchased by him.