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After the Mississippi Territory, under the provisions of the act of March 1st, 1817, the remaining or eastern portion was erected into a separate territorial government by an act approved March 3d, 1817, and was to be known and designated as the "Alabama Territory," after the principal river within its limits. The seat of the new territorial government was established temporarily at St. Stephen's, on the Lower Tombigby River, and the first governor was William W. Bibb.

The Alabama Territory, thus districted, contained a population of more than thirty-three thousand souls, exclusive of the native tribes. There were also seven organized counties, including Monroe, on the Upper Tombigby River. The principal old settlements were those in the Tennessee Valley, on the north, comprised in the original county of Madison, besides others extending for fifty miles east and west, south of the Muscle Shoals. The remaining population was upon the Lower Tombigby and upon the Mobile Rivers.

The former organized counties remaining in the Alabama. Territory after the division were those of Mobile, Baldwin, Washington, and Clark, in the southern portion, comprising, in the summer of 1817, about twenty thousand inhabitants. In the northern portion were the counties of Madison, Limestone, and Lauderdale. In these counties, seven in number, all the authorities, legislative, executive, and judicial, remained as they were previous to the division, clothed, with all their powers unimpaired, in the full exercise of their respective duties. The act of Congress of March 3d, 1817, provided "that all offices which may exist, and all laws which may be in force within said boundaries, shall continue to exist and be in force until otherwise provided by law." The members of the former General Assembly, who represented these counties, when convened by the governor immediately after entering upon the duties of his office, were authorized to elect six persons, from whom the president should appoint three to complete the Legislative Council. Thus was the new territorial government fully organized, agreeably to the provisions of the ordinance of July, 1787.

A new land-office was organized in the northern part of the territory, for the survey and sale of lands in the "Northern Land District," and located at Huntsville, in Madison county.* [A.D. 1819.] The population of the Alabama Territory in

Land Laws of the United States, edition of 1827, p. 74, 712.

creased rapidly; in 1816 the aggregate was short of thirty thousand souls, exclusive of Indians; but before the close of the year 1818 it had increased to more than seventy thousand persons, and the people desired an independent state government. In compliance with an application from the General Assembly, Congress, on the 2d of March, 1819, passed an act "to enable the people of the Alabama Territory to form a state Constitution, and for the admission of such state into the Union on an equal footing with the original states."*

Agreeably to the provisions of this act, a convention of forty-four delegates from twenty-two counties convened at Huntsville, Madison county, on the first Monday in July following. Of these delegates the county of Madison sent eight; the county of Monroe, on Tombigby, four; Tuscaloosa, two; Washington, two; Montgomery, two; and others. one, in proportion to their population respectively. The Constitution was adopted on the 2d day of August, and on the 14th of December following the State of Alabama" was formally admitted into the Union by a joint resolution of Congress.

Meantime, the northern land-office at Huntsville had been in operation, and extensive surveys in the "Northern District" had been completed; the land-sales were proclaimed, and thousands of eager purchasers flocked into the country from every portion of the Southern and Western States in search of lands, not only for settlement, but as a profitable investment for future speculation.

[A.D. 1820.] Before the close of the year 1820, the population of the State of Alabama had increased to 127,900 persons; and in less than seven years afterward, immigration had augmented it to 244,000 souls. This number in 1830, twelve years after its admission into the Federal Union, had increased to 309,756 souls. In 1844 it amounted to 625,000 per

sons.

*Laws of the United States, edition of 1827, p. 744-746.

The Governor of the Alabama Territory was William W. Bibb, from 1817 to 1819.

Governors of the State of Alabama.

1. William W. Bibb, from 1819 to December, 1821.

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66

CHAPTER XV.

THE TERRITORY OF ORLEANS" FROM ITS FIRST ORGANIZATION UN

66

TIL AFTER ITS ADMISSION INTO THE UNION AS THE STATE OF

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LOUISIANA."-A.D. 1804 TO 1815. Argument. -William C. C. Claiborne Governor-general of the Province of Louisiana.General James Wilkinson Commander-in-chief of the Army.-Emigrants from the United States. Governor Claiborne's judicious Administration.-Territorial Government provided for the "Territory of Orleans."-Plan of Government obnoxious to the People.-Volunteer Companies patronized by the Governor.-Expressions of popular Discontent by the French Population.-Territorial Government instituted.— First Territorial Legislature.-First Bank created.-Territorial Legislature modified. Discontent in Baton Rouge District.-Abduction of the Kempers.-Their Release.-Spanish Exactions on the Mobile River, and Aggressions West of the Mis sissippi in 1805.-Spanish Officers in New Orleans.-They contemplate the Mississippi south of Red River as their eastern Boundary.-Re-enforcements in Texas and Florida.-Policy of the Federal Government.-Advance of the Spanish Troops to Red River.-Movements of United States Troops.-Spanish Troops on the Bayou Pierre and Arroyo Hondo.-Remonstrances of Governor Claiborne.-General Wilkinson advances the Army to Natchitoches.-His Negotiation with General Herrera.-Spaniards retire West of the Sabine.-Wilkinson proceeds to New Orleans to intercept Burr's Operations. His energetic Measures against the Conspirators.-Zealous co operation of Governor Claiborne.-His Proclamation. Arrest of Dr. Bollman and others. Great popular Excitement.-Conflict of the civil and military Authorities. -Affected Zeal of Judges Workman and Hall for the Supremacy of the civil Power.-Efforts made by Persons clothed with civil Authority to embarrass General Wilkinson, and to protect the Conspirators.-Burr utterly circumvented in the Mississippi Territory.-Lieutenant Pike's exploring Party returns from Santa Fé.-Object of his Exploration.-Wilkinson's Position relative to Burr's Enterprise not criminal.-The Organization of the Territorial Government completed.-Great Mortality of the Troops under General Wilkinson.-Revolt in District of Baton Rouge in 1810.-Spanish Authority expelled.—A Provisional Government established by the People. The Baton Rouge District annexed to the Territory of Orleans.-Revolt among Slaves above New Orleans in 1811.-State Government authorized.-Constitution adopted.-Some of its Features.-"State of Louisiana" admitted into the Union.-Baton Rouge District annexed.-State Government organized.-General Wilkinson acquitted by a Court of Inquiry.-Advance of American Population into Louisiana.-General Wilkinson's Activity in providing for maritime Defense of Loui siana against British Invasion.-Louisiana threatened by a powerful Armament.General Jackson Commander-in-chief. He arrives at New Orleans.- His extraordinary Efforts for the effectual Defense of the City.-Suppresses a Spirit of Despondency by efficient Measures.-The Enemy advances by Way of the Lakes.Encounters American Gun-boats.-Martial Law proclaimed.-The Enemy advances through Bayou Bienvenu.-American Army concentrated at New Orleans.-Active Hostilities commence.-Efforts of the Enemy previous to January 8th.-Patriotic Devotion of American Citizens in New Orleans.-Grand Attack upon the American Lines on the 8th.-Repulse of the Enemy's bombarding Squadron at Fort St. Philip.—The British Army retires from the Scene of its Disasters.-The Watchword "Booty and Beauty."-Arbitrary Exercise of civil Authority by Judge Hall.-The unjust Fine disclaimed by the American People after thirty Years.-Population of Louisiana in 1815.-Extent of Settlements.-Agricultural Resources Governors until 1846.

[A.D. 1804.] AFTER the transfer of Louisiana, Governor Claiborne entered upon the duties of his office as governor

general of the province, invested with nearly the same powers and prerogatives which pertained to the former Spanish governor-general, until Congress should have provided a regular form of territorial government. Meantime, the former authorities in the several departments of the civil government continued to retain their situations, and to perform the duties of their offices, until their places were otherwise supplied by Governor Claiborne. The different military posts were taken possession of by the troops of the United States, under the immediate command of Brigadier-general James Wilkinson, commander-in-chief of the army." *

From the first extension of the Federal authority over the province, emigrants by hundreds, from the Atlantic and Western States, advanced into the settlements of both Upper and Lower Louisiana. Many had arrived in New Orleans with the American commissioners, and large numbers had preceded them in anticipation of the transfer.

Trade and speculation had brought many to New Orleans, during the period which had elapsed since the treaty of Madrid, in order to avail themselves of the privileges secured by its articles. These were ready to accept office and employment under the authority of the United States, and hence but little delay was encountered by the governor in substituting American citizens for the former Spanish authorities where prudence dictated a change. A wide field for enterprise and speculation was thrown open to the people of the United States, and not a few were eager to share the advantages which so abundantly presented.

Governor Claiborne, from his first entrance upon the duties of his office, had devoted himself with assiduity to the arduous labors of his station, in which he was cordially supported by the patriotic Americans who had taken up their residence in the province. On the 10th of April a temporary government had been organized by the governor, and the approbation of the people was manifested in a public dinner given in honor of himself and General Wilkinson as American commissioners. The sentiments of the people were elegantly expressed by Dr. Watkins,† presiding on the occasion, when, with patriotic fervor, he remarked, that "the eagle of Liberty has extended its *See vol. i., book iv., chap. v., of this work.

↑ Natchez Herald and Mississippi Gazette, May 10, 1804. VOL. II.-F F

flight to Louisiana, and will cover its virtuous.inhabitants with its protecting wings. We hail a new and enterprising people as friends, brothers, and fellow-citizens. The seeds of agriculture, commerce, and the arts are already sown among them, and will grow, unrestrained by the hands of Wisdom, into wealth, power, and national greatness." Relative to the acquisition of Louisiana, he continued: "The prudence which has governed the latter part of this great transaction has been equal to the wisdom which originally planned it. To execute with ability and address important trusts is the particular privilege of exalted minds; and you, gentlemen, are entitled to all the praise and all the recompense due to distinguished and arduous services. Your manly, dignified conduct; your firmness and perseverance in a difficult, troublesome transaction; your affable, conciliating manners; and, above all, your constant scrupulous attention to the interests of your country, entitle you to the love of all honest men, and the approbation and confidence of the United States. The 20th of December last will ever be remembered as the birth-day of the liberties of Louisiana, and will be celebrated by the lovers of freedom and equal rights as long as time shall last. The names of Claiborne and Wilkinson will be consecrated in the annals of Louisiana, and command the respect of posterity."

As one of the duties imposed upon the governor-general by the Federal government, it was expected that he "should obtain all the information in his power relative to the customs, habits, and dispositions of the inhabitants of the said territory, and communicate the same from time to time to the President of the United States." This duty he performed with such fidelity and discretion as gained for him the most unbounded confidence of the Federal executive, and exalted him in the estimation of his friends and all admirers of American liberty.

Meanwhile, the Federal authorities had been anxiously preparing a form of territorial government adapted to the peculiar condition of the people of Louisiana. An act of Congress, approved March 26th, provided for erecting the whole province into two territorial governments. The first section. of the act declared, that "all that portion of country ceded by France to the United States under the name of Louisiana, which lies south of the Mississippi Territory, and of an east and west line to commence on the Mississippi River at the thirty-third

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