Before this temporary system was superseded, the creoles already yearned for a return to French or Spanish rule. They had but one hope from the United States,—that, in the terms of the treaty, Louisiana might be quickly admitted into the Union. This hope was rudely dispelled. Not only did Congress treat their claims to self-government with indifference, but the Territory was divided in halves, so that it must be slower to acquire the necessary population for a State; while as though to delay still longer this act of justice, the growth of population was checked by prohibiting the slave-trade. Years must pass before Louisiana could gain admission into the Union; and even when this should happen, it must be the result of American expansion at creole expense.
Jefferson’s Spanish policy, which kept the country always on the verge of a war with Spain, prevented the French and Spanish population from feeling that their submission was final. In case of war between the United States and Spain, nothing would be easier than to drive Claiborne away and replace Casa Calvo in the government. Claiborne soon found himself confronted by an opposition which he could neither control nor understand. Even the leading Americans joined it. Daniel Clark, rich, eccentric, wild in his talk and restless in his movements, distinguished himself by the personal hatred which he showed for Claiborne; Evan Jones, another wealthy resident, rivalled Clark; Edward Livingston, who had come to New Orleans angry with Jefferson for removing him as a defaulter from office, joined the old residents in harassing the Governor; while the former Spanish officials, Casa Calvo and Morales, remained at New Orleans under one or another pretext, keeping the Spanish influence alive, and maintaining communications with Governor Folch of West Florida, who controlled the Mississippi at Baton Rouge, and with General Herrera, who commanded the Spanish force in Texas. So bad was the state of feeling that when Oct. 1, 1804, the new territorial system was organized, Messrs. Boré, Bellechasse, Cantrelle, Jones, and Daniel Clark, whom the President had named as members of the legislative council, refused to accept the office; while Messrs. Sauvé, Destréhan, and Derbigny were deputed by a popular assembly to present their grievances at Washington. Two months elapsed before Governor Claiborne could form any council at all; not until Dec. 4, 1804, was a quorum obtained.
No pretence of disguising their feelings was made by the Spanish population. In French minds the power of Bonaparte was a stronger reliance than the power of Spain; no Frenchman willingly admitted that Napoleon meant to sacrifice Louisiana forever.[207]
“The President’s Message,” wrote Governor Claiborne to Madison, Dec. 11, 1804,[208] “has been translated into the French language, and I will take care to have it circulated among the people. It will tend to remove an impression which has heretofore contributed greatly to embarrass the local administration; to wit, that the country west of the Mississippi would certainly be re-ceded to Spain, and perhaps the whole of Louisiana. So general has been this impression, particularly as relates to the country west of the Mississippi, that many citizens have been fearful of accepting any employment under the American government, or even manifesting a respect therefor, lest at a future time it might lessen them in the esteem of Spanish officers.”
Under the remonstrances of Sauvé, Destréhan, and Derbigny, and at the intercession of John Randolph, Congress was induced to yield a single point. The Act of March 2, 1805, gave Louisiana ordinary Territorial rights, an elected legislature, and a delegate to Congress. After its passage, Claiborne wrote to Madison that the people were disappointed; and in fact the concessions were so trivial as to irritate rather than soothe. Claiborne, whom the people obstinately disliked, was re-appointed governor under the Act, and nothing in reality was changed.
Burr visited New Orleans in June and July, 1805. The new Legislature assembled, Nov. 4, 1805, when Claiborne found himself surrounded by a council partly elected by the Legislature, and a Legislature wholly elected by the people. He was soon at odds with both. The leader of opposition was Daniel Clark; and for a moment in May, 1806, the quarrel went so far that the two legislative bodies were on the point of voluntary disbandment, and a majority of the council actually resigned. The Legislature chose Daniel Clark as their delegate to Congress. Claiborne thought that the choice was made merely out of personal spite; but no sooner did he hear of Burr’s disunion scheme than he wrote to Madison,[209]—
“If this be the object of the conspirators, the delegate to Congress from this Territory, Daniel Clark, is one of the leaders. He has often said that the Union could not last, and that had he children he would impress early on their minds the expediency of a separation between the Atlantic and Western States.”
In the same month of May Lieutenant Murray of the artillery, an intimate friend of Daniel Clark, came with a Lieutenant Taylor from Fort Adams to New Orleans, and heard the ordinary conversation of society.
“Lieutenant Taylor and myself,” he afterward testified,[210] “were invited to dine with a gentleman there whose name was on the list before mentioned [of persons engaged in an expedition against Mexico]; it was Judge Workman. We three dined together. After the cloth was removed, Mr. Lewis Kerr came in.... After a number of inquiries about Baton Rouge and the Red River country, they proceeded to lay open their plan of seizing upon the money in the banks at New Orleans, impressing the shipping, taking Baton Rouge, and joining Miranda by way of Mexico.... When I told Mr. Clark that I was calculated on as the officer to attack Baton Rouge, he advised me by all means to do it. He urged as an inducement that he was coming on to Congress, and would do all he could in my favor; that he would represent to the Government that it would require a large force to retake it; and he further observed that, at any rate, if the Government should be disposed to trouble me, before they could send off a sufficient force I should be in a situation to take care of myself.”
This attempt to seduce officers of the United States army into Burr’s conspiracy was flagrant; for although Burr’s name was not mentioned, no one could fail to see that the seizure of government money in the banks at New Orleans was an act of treason, and that the attack on West Florida implied a permanent military establishment on the Gulf.