Adams Family Correspondence, volume 15
The Louisiana Government bill has this day pass’d, yeas 20. Nays
5.— It now goes to the House of Representatives, where we shall see what will be done
with it.— On the final question this day taken I alone spoke against it, and was
answered only by one member— He saw no Constitutional objection—because the clause
authorizing Congress to make needful rules and regulations for the territory, and other
property of the United States was sufficient— The thing could not have been done by a
Constitutional Amendment; because there were five States,
which probably would reject it, from an idea that it carried the weight and […] of the
Union Southward and Westward— And this he presumed was the […] upon which the Amendment
to the Constitution had been proposed by me. (This is the first time I knew they had
such a suspicion—but this accounts for all— They distrust it seems five States on this question— But their suspicion of me is
totally groundless— I sincerely believe that every State would ultimately have agreed to
the Amendment— And 13 of them between this and the next Session.) This circumstance is
however the key to the whole system— I do not think with you that this ground will be
travell’d over again— It will be too late— But the principles to which I appealed have
no weight here as it appears to me, on either side. Of the
federalists only four three voted with me; and they
I believe upon objections to details— One single member of the other side voted also
against the bill—1 Also I presume from
341 an objection to the detail.— I enclose you the
Journals, and the newspaper I promised you2
RC (Adams
Papers); addressed: “Thomas B. Adams Esqr /
Quincy. / Massachusetts”; endorsed: “15 acknd”; notation
by JQA: “Free / John Quincy Adams / S. U.
S.” Some loss of text due to placement of the seal.
On 5 Dec. 1803 JQA accepted appointment to a
committee tasked with drafting a plan of government for Louisiana. The Senate
committee introduced the resulting bill on 10 Jan. 1804, proposing the division of the
territory into two districts. The northern Louisiana District would be placed under
the control of the Indiana territorial government, while the southern district would
be incorporated as Orleans Territory with a government consisting of a governor,
secretary, legislative council, and judiciary. During Senate debate of the measure,
JQA faced the ire both of Democratic-Republicans who wanted to move
ahead without delay and of Federalists who interpreted his actions as seeking
immediate citizenship for Louisiana residents, who they felt would gravitate toward
the opposite party. On 18 Feb. the bill passed the Senate, with JQA
speaking against it. The United States was imposing a government on the people of the
territory without their consent, which, JQA argued, was “the essence of
tyranny” and “destructive of the essential principles of genuine liberty.” The proper
course of action, he declared, was to seek a constitutional amendment approving the
plan and then a ratifying vote by the people of the territory. The five senators who
voted against the bill were JQA, Federalists James Hillhouse of
Connecticut and Simeon Olcott and William Plumer of New Hampshire, and
Democratic-Republican David Stone of North Carolina (Plumer, Memorandum of
Proceedings
, p. 143–146;
Annals of Congress
, 8th Cong., 1st sess., p. 211,
228–229, 233–234, 256;
U.S. Statutes at Large
, 2:283–289;
Biog. Dir.
Cong.
). For House action on the bill and its passage, see
JQA to JA, 20
March, and note 2, below.
Enclosures not found.