to Congress. The Member who made the sketch of the Memorial was sent out
before my arrival and I have not seen him, but I am told he is a man of warm
passions and I conceive him to be probably of a character such as I have known
in the French Revolution, who allowed their exalted ideas to run away with their
understanding and could not distinguish between the true principles of liberty,
and those leading to Anarchy and despotism ... I have a particular satisfaction
at the time in saying that the inhabitants are much pleased with Govr. Harrison
now here. His affability and easy access form a strong contrast with what they
had been accustomed to — all the disinterested sensible men among them are glad
of the change of Government, but there are some, as you will easily believe who
have prejudices which time and experience will wipe away — there are others who
enjoyed, or were directly concerned in, extensive privileges, or had certain ad-
vantages which attached them to the former system. I am speaking of the French
part of the inhabitants, whose sentiments I know best by their considering me as
one of themselves on account of the language and my very long residence in
France. The appearance of hostilities — an idea many of them have of this part
24 Missouri Struggle for Statehood.
Within two months after this first petition had been pre-
sented to Congress, an act was passed on March 3, 1805, whick
remedied most of the objections and granted some of the r^
quests set forth by the St. Louis convention of September,
1804.2^ It was rather satisfactory to the French inhabitants,
as it estabHshed a separate centraHzed form of government.
The act provided : (1) that the "District of Louisiana" be changed
to the "Territory of Louisiana;" (2) that this territory be sep-
arated from the government of Indiana territory; and (3) that
a new government of the Territory of Louisiana be estabHshed.
As Missouri by this act became a territory of the lowest grade
and from this stage gradually advanced to statehood, it is a
matter of importance to notice the plan of government out-
lined by this second organic act of Congress relating to Mis-
souri.
The executive power was lodged in the hands of the Gov-
ernor, whose tenure was appointive by the President of the
United States, whose term was three years, and who must
reside in the territory. His powers were wide, being both
executive and legislative in their scope. He was commander
of the militia, superintendent ex-officio of Indian affairs, had the
power of appointment and command of all officers in militia
below the rank of general officers, could grant pardons and
reprieves under certain limitations, could divide the territory
into districts where the Indian titles were extinct, and appoint
magistrates for civil and military purposes. Associated with
the Governor was a Secretary, whose duties were clerical, and
who became governor when that office was vacant. His term
of the country being about to be receded to that nation for the Fioridas, are topit-..
often brought forward which have tended to show me the real inclinations of
some and they open their minds with less reserve by not considering nie in the
light of a stranger." — Letter unsigned — "From a man who went up Mississippi
to become acquaintcnl with I'eltry trade."
The dislike of lawyi^rs on the i)art of the French inhabitants is also sttii in
the Historical and Political Refhictions on Louisiana by I'aiil AUiot. (Uoi)ert.sou.
op. cil., I. i:J5, i:i7.) Speaking of St. Louis tluit physician says: — "The inagis
trate who r((nders justice does not molest or persecute any citiz«'n. lie is a fatiur
whose entrails are at all times open to his children." "None of those blood-
suckers known under the names of baililfs. lawyers, and solicitors are scon there."
(This was written ijefore the transfer in 1803.) (C/. ibid., li. :il9.)
*^ Slat, at Large, IL .'l.'Hf. Passed at second session of Eighth Congress,
March 3, 1805. and went into effect July 1. 1805.
Constitutional History During Territorial Period. 25
was four years, and he was also required to live in the territory.
Has tenure was the same as that of the Governor.
mt The legislative power was vested in the Governor and the
three territorial Judges, or a majority of them. This body
or Legislative Council had power to establish inferior tribunals
and prescribe their duties. It was empowered to make all
laws conducive to the good government of the inhabitants of
the territory provided no law should be enacted inconsistent
with the Constitution and Laws of the United States or abridg-
ing the religious freedom of the inhabitants or dispensing with
trial by jury in both civil and criminal cases under certain
regulations. All laws passed by this council were subject to
the ratification of the President and Congress.
The judicial power was vested in three Judges appointed
by the^President for four years, and in such inferior tribunals
as might be established by the Legislative Council. The three
Judges or any two of them were to hold two courts annually
in the Territory and to have the same jurisdiction as that
formerly held by the Judges of Indiana Territory.
The compensation for the five foregoing officers was the
same as obtained in Indiana Territory. All were required to
take an oath of allegiance to the United States. It was ex-
pressly provided that all existing laws were to remain in force
until modified.
Such are the general provisions of this act. It did much
to mollify the inhabitants of Upper Louisiana, and, although
not granting them the elective tenure nor a delegate in Con-
gress, it was far more satisfactory than the previous act.
They now had a territory and a government that were not
united to or under any other subdivision of the United States,
and, although their new officials were appointed in Washing-
ton, and subject in every express way to the national govern-
ment, still they were required to reside in the territory, and this
alone was worth a great deal to the inhabitants of a pioneer
country where distance played such an important part in law
administration.
During the following half decade the Territory of Louis-
iana made rapid strides in development. The increase of popu-
26 Missouri Struggle for Statehood.
lation alone justified a change in the governmental machinery
provided for by the act of 1805. The population of the terri-
tory in 1810 had risen to 19,976, being distributed among the
five districts as follows: Cape Girardeau, 3,888; New Madrid,
2,296; St. Charles, 3,505; Ste. Genevieve, 4,620; and St. Louis,
5,667.^^ This remarkable growth in population naturally
created a desire for a higher grade of territorial government.
It was the wish of a large majority of inhabitants of this terri-
tory that the American policy of self-government be applied
to them. This wish was soon revealed in the numerous peti-
tions presented to Congress on that subject. Never in the
history of Missouri, during neither the French, Spanish, Ameri-
can, Territorial, nor State Period, have her inhabitants framed,
signed, and presented so many petitions to Congress as issued
from the Territory of Louisiana from 1810 to 1812 inclusive.
But, to us even this seems less remarkable than is the failure
heretofore of every writer on Missouri history to notice a single
petition of that time. This silence can be construed only as
the result of a lack of information, since the greatest importance
always attaches to those documents that reflect the sentiment
of so large a district of people in regard to a change in their
organic law. At least fifteen of these petitions appeared, twelve
of which are still in existence. These twelve requested that the
Territory of Louisiana be raised from a territory of the first to
one of the second grade. One of the other petitions, very
significantly, prayed that no alteration be piade in the form of
government."^
»» U. S. Census, 1900. Pop., I. 27f.
2» Six hundred and thirty-six signatures are attached to five of these petitions,
the number of signatures on the other seven petitions were not counted. Tliose
petitions were first noticed by us in the Annals of Congress. We had always
wondered at the silence of Missouri historians on this point, and could hardly
be convinced that Missouri became a territory of the second grade without there
having been an application for same on the part of the inhabitants of Louisiana
Territory. An examination of the Annals proved our conclusion to be correct.
Mr. Parker's Calendar of Papers in Washinijton Archives relating h) the Territories
of the United States (('arncgie Institution, 1911) showed that tlu's»^ petitions were
still in existence. Finally, after having made futile application to the House
Librarian we interested Dr. J. Franklin Jameson who at our recjuest placed Dr.
N. D. Meroness on the trial of these documents. Dr. Merene.ss not only located
all of these petitions but also made copies of same. Tliese copies are now in the
library of The State Hist. Soc. of Mo. The original docunu-nts are still preserved
in the Housi! Files in Washington, D. C
Constitutional History During Territorial Period. 27
On January 6, 1810, there was presented to Congress "a
petition of sundry inhabitants of the Territory of Louisiana,
praying that the second grade of Territorial Government may
be estabUshed in said Territory." This was probably one of
the first of these petitions and, we think, was drawn up and
signed in 1809. It based its request for a higher grade of
territorial government on the treaty of cession, on the unsatis-
factory exercise of both legislative and judicial powers when
vested in the same persons, and on the large size of the militia
in the Territory of Louisiana compared with the militia in either
Indiana or Mississippi territories. This petition was referred
to a committee on January 9, 1810, which reported, on January
22d, a bill "further to provide for the government of the Territory
of Louisiana." This bill after its second reading was referred
to the Committee of the whole, in which it was not brought up
during that session.^^ On January 15, 1810, an exact copy of
*o Annals of Congress, I. 1157, 1253. Following is a copy of this petition
as found in the House Files by Dr. Mereness:
[Dec. 1809?] Petition of sundry inhabitants of the territory of Louisiana —
Referred Jan. 9th, 1810. [No. 3458 in Parker.]
[This petition is as follows:] To the honble the Sen. and Ho. of Reps, of the
U. S., in Cong, assembled
The petition of the undersigned inhabitants of the Territory of La., most
respectfully, sheweth.
That they have waited with anxious but silent expectation for the arrival
of that period, when pursuance of the treaty by which Louisiana was ceded to
the United States, they are to be admitted "according to the principles of the
federal constitution, to the enjoyment of all the rights, advantages and immunities
of Citizens of the United States." These rights they do humbly conceive cannot
be enjoyed while the judicial and legislative powers are vested in the same persons.
Where powers are combined which the constitution requires should be seperate,
[sic] and where the maker of laws, is also obliged to expound, and to decide upon
them. Your petitioners are fully impressed with the idea that legislative powers,
are never better, nor more satisfactorily exercised than when committed to those
persons who are elected for that purpose by the people themselves, whose con-
duct must be regulated by those very laws thus made. The inhabitants of the
territory of Orleans, have already obtained those rights which your petitioners
now ask, and to which they deem themselves also entitled. The last returns of
the militia of this territory will be found to exceed those of the Indiana and
Mississippi territory, and the number is daily increased by rapid emigrations
to this territory. Confiding therefore, in the justice and wisdom of your honble
bodies, they most respectfully ask, that a law may be passed for enabling the in-
habitants of this territory to have and enjoy the rights and privileges consequent
upon a second grade of terZ gov't, and that the same may be established in this
territory.
And your petitrs as in duty bound will ever pray. [This petitn is printed]
[76 signatures]
28 Missouri Struggle for Statehood.
the foregoing petition was referred in the House. This latter
document had attached to it about two hundred and seventy-
three signatures, the former had seventy-six.^^ On February- 22,
1810, several petitions to Congress "from a number of the in-
habitants of the Territory of Louisiana" were presented to the
Senate. Their purpose and wording were, we infer, the same
as the other two presented to the House. ^- Another duphcate
petition, of this year, bearing only nine signatures was pre-
sented to the House,^^ but nothing was accomplished by any
of these at this time.
At the third session of the Eleventh Congress, on January
3, 1811, a committee, appointed by the House on December 11,
1810, "presented a bill further providing for the government of
the Territory of Louisiana." After a second reading the bill
was lost in the Committee of the Whole and this Congress
expired without passing an act on this matter.^"*
During the summer of 1811 numerous petitions of this
kind were framed and signed in Louisiana Territory. Some of
these originated in the Arkansas country and others in that
part that lies within the present boundaries of Missouri. They
were all similar in tone and argument to the 1810 petitions.
The desire for a second grade of territorial government was
strong, and this wish was strengthened by the still unsettled or
unsatisfactorily settled condition of the land claims. The in-
habitants of Louisiana Territory not only wanted a voice in
their territorial or local government, but were equally desirous
of having their wishes voiced in Congress by a regularly elected
territorial delegate.^^ Not only were many of these petitions
" Ibid. Found in House Files.
« Ibid, p. 578.
" Ibid. Found in House Files.
** Annals uj Conqress, 3d Sess., llth Cong. (1810-11). p. 486.
"Sometime during the session of 1811-12 five petitions wore presented to
the House. Each of tiie live is as follows according to Dr. N. D. Mereness:
[Referred 1811-12.] Each of the "live petitions" listed by Tarker under
No. 3408 is in part as follows: To the Honble the sen. & Ho of Heps — Sheweth;
That convinced as w(>ll of tludr riglits in pursuance of the treaty which ceded La.
to the U. H., to be admitted "according to the principles of the federal constitu-
tion, to the enjoyment of all the riglits. advantages aiid immunities of the citizens
of the United States," as of the advantages resulting from representative govern-
ment, which rights and advantages have not been extended to them. They hope
indeed, that as a free people, so far as the policy of territorial govt-rnment will
Constitutional History During Territorial Period. 29
presented to the twelfth Congress at its first session but on
December 27, 1811, there was also presented to the House "a
certified copy of a presentment by the grand jury of the 'District
of St. Charles,' in said Territory, representing that the second
grade of Territorial government ought to be extended to the
Territory; that the judges of the general court ought to reside
in the Territory; and that further and equitable provisions
admit, they may have a partial voice in the government which they support.
Their sister territories of Orleans, Mississippi and Indiana, are fast approaching
to political manhood, under the fostering hand of the General Government;
while La. with a large and fast increasing population have not been admitted to
the enjoyment of the same political blessings; all the powers of the government,
as well executive and legislative, as legislative and judicial, are blended together,
not only contrary to the treaty and ''Federal Constitution," but also the political
safety and happiness of the people. A large majority of your petitioners depend
on agriculture for support, whose claims to land form the principal hope of them-
selves and families, and more than two-thirds of their claims have been rejected
by the board of commissrs; from whose official representations they have little
to hope, and much prejudice to fear; for these reasons which are all important
to your petitioners, they now most respectfully ask of your honble body the
passage of a law. which will admit them into what is denominated the second
grade of territorial govt, (provided no better can be devised) which entitle them
to a delegate in Congress by whom they can make known their unfortunate sit-
uation. And yoiH- petitioners as in duty bound will ever pray. [Found in House
Files.]
Another petition referred December 27, 1811, is an exact copy of the above
(House Files, Parker, op. cit.. No. 3480.); another duplicate was read January
6, 1812, (Senate Files. Parker, op. cit.. No. 3481.); and another bearing one hundred
and ninety signatures was also presented to Congress. (House Files, Parker, op.
cit., Xo. 3487.) The following petition, dated Arkansas, 9th Sept. 1811, was
referred Dec. 7, 1811: —
Petition (dated Arkansas, 9th Septr 1811) for the Second grade of Govern-
ment. — No. 3472 in Parker — Referred Dec. 7, 1811 to Comee of the whole House
on the bill for the Govt of said Territory. Bill postponed in the Senate April
22, 1812.
This petitn is as follows: To the Honble — The Petition of the undersigned
inhabitants of the Territory of La. Respectfully sheweth: That convinced as
well of their rights (in pursuance of the Treaty wnich ceded La. [sic] to th[e]
U. S.) to be admitted according to the Principals of the Federal Constitution to
the enjoyment of all the rights, advantages, and immunities of Citizens [o]f the
U. S. — as of the advantages resulting from a representative Gov't, which Rights
and Advantages have not been extended to them — they hope indeed that as a
free People so far as the Policy of Terl Gov't will admit they may have a Partial
Voice in the Govt wch [which] they support. Their sister Territories of Orleans,
Mississippi and Indiana are fast approaching to Political Manhood, under the
Fostering hand of the Gen'l Gov't, while La. with a large and fast increasing
Population, has not been admitted to the enjoyment of the same Political blessing.
— all the Powers of the Gov't as well Executive and legislative, as Legislative and
Judicial are blended together not only Contrary to the Treaty and Federal Con-
stitution but also to the political safety and happiness of the People.
A large majority of yoiu* Petitioners depend on Agriculttu'e for support
whose claims to lands form the Principal hope of themselves and families and more
30 Missouri Struggle for Statehood.
ought to be made in favor of rejected land claims." ^^ These
were referred and undoubtedly were of the greatest influence in
the final passage of the law of June 4, 1812.
Although the local pressure on Congress favoring a higher
grade of territorial government in Louisiana Territory was
strong, we are hardly surprised to discover some undercurrent
of opinion in this district that opposed raising the status of
the territory. We have noticed how the act of 1805 was satis-
factory to most of the inhabitants of Upper Louisiana especially
to the French portion, and also why they preferred a centralized
form of government. Wherever the French influence was strong
whether in Indiana Territory, Louisiana Territory, or the Terri-
tory of Orleans, the preference of that race has been for few
officials, concentration of power in the hands of a few, and either
an indifiference or opposition to self-government unless some
vital problem could be solved by no other means." In Louis-
iana Territory the special problem that concerned many, includ-
ing both French and American inhabitants, was the land claim
or land grant problem. Many claims had not been settled
and many had been refused. The settlers, both old and new,
thought that more lenient laws regulating these claims would be
passed if only the Territory had a Delegate in Congress. There
was also a sincere, strong sentiment for self-government in
Louisiana Territory, but we believe that the opposition to this
self-government or representative government would have been
than two thirds [o]f their just Claims have been rejected by th(el board of Com-
missioners from whose official Representations they have little to hope.
For these reasons wch are all important to your Petitioners they now most
respectfully ask of your Hon&/e body, the Passaj^e of a Law wch will admit them
into what is denominated the second grade of Ter/ C.ovt, wch will entitle them to
a delegate in Cong, by whom they may make known their unfortunate situation—
and your Petitrs as in duty bound will ever Pray. (88 signatures. The original
of this petitn is not printed. Found in House Files J
C/. also Annals of Congress, p. 557.
»• Annals of Congress, I. 58Jij.
»» Indiana Territory in 1800 was largely French. They cared nothing for
self-governm(!nt. The Influx of American settlers createtl a desire for a higher
grade of territorial goviTiimeiK. The French joined in this <l(>manil for self-
government since through it they could nuike slavery mon< secure, which was a
great obj(K-t to be attained owing to tlie provisions of tlie Northwest Orilinance
on that point. C/. also Webster, Ilonu'r .1., Willioin Jlctny Jliirrisou's Ailtnin-
islration oj Indiana Territory, in Jnd. Ilisl. Soc. rub., IV. 2()2ir. Cf. Chapter
VI of this work on the pt^culiar sentiment (>.\hil)iti(l in Orleans Territory on the
eve of framing a State Constitution.
Constitutional History During Territorial Period. 31
stronger than it was had not there been pressing for settle-
ment hundreds of land claims. At all events we have record of
one remonstrance and petition being presented to Congress that
opposed a change in government. On December 7, 1811, there
was presented to the House a remonstrance and petition of
sundry inhabitants of St. Louis "stating the many injuries and
inconveniences which would result from a change in their form
of government, and praying that no alteration may be made
in their said form of government." ^^ This was referred to a
committee from which it was never reported. The demand of
the inhabitants of Louisiana for the higher grade of territorial
government had become too insistent for Congress to longer
delay.
In the year 1812 affairs reached a focus that made neces-
sary at least some kind of action. The Territory of Orleans
was admitted into the Union April 8, 1812, under the name of
the State of Louisiana. This made expedient, though not es-
sential, as some authorities have supposed, a change in name of
the Territory of Louisiana. Action was taken by Congress,
and on June 4, 1812, a law was passed changing the name of
the Territory of Louisiana to the Territory of Missouri.^^ It
was this law which gave to Missouri her present name; and it
is very probable that had the Territory of Orleans taken the
name of State of Orleans on its admission into the Union, then
the Territory of Louisiana would have retained its name and
in 1821 would have been admitted as the State of Louisiana.
This act of June 4, 1812, raised Missouri to the second grade of
territories and not only gave the inhabitants control of the
lower house of the Legislature through the elective tenure and
the election of a Delegate to Congress but also provided in
section fourteen for a bill of rights.^^
The government provided for by this act was more com-
plex in character that that in the act of 1805. The executive
authority was still vested in a Governor whose term, tenure,
and powers were the same as before, except that he had some
38 Abridg. of Debates of Cong., IV. 434.
*^ Stat, at Large, II. 743-747; Cf. also Mo. Ter. Laws, I. 8-13.
< » There are sixteen sections in this law, but they will not be taken up here
in detail.
32 Missouri Struggle for Statehood.
enumerated powers, including that of convening the legislature
on "extraordinary occasions." His veto power was absolute.
No change was made in the term, tenure, and duties of the
Secretary.
It was in the legislative branch of the new government
that the greatest changes are noticed. The legislative power
w^as vested in a bicameral body called the "general assembly."
This was composed of a Legislative Council and a House of