An act was approved on October 31, 1803 (2
 Stat. at L. 245, chap. 1) "to enable the President of
 the United States to take possession of the
 territories ceded by France to the United States by
 the treaty concluded at Paris on the 30th of April
 last, and for the temporary government thereof."
 The provisions of this act were absolutely
 incompatible with the conception that the territory
 had been incorporated into the United States by
 virtue of the cession. On November 10, 1803 (2
 Stat. at L. 245, chap. 2), an act was passed
 providing for the issue of stock to raise the funds to
 pay for the territory. On February 24, 1804 (2 Stat.
 at L. 251, chap. 13), an act was approved which
 expressly extended certain revenue and other laws
 over the ceded country. On March 26, 1804 (2
 Stat. at L. 283, chap. 38), an act was passed
 dividing the "province of Louisiana" into Orleans
 territory on the south and the district of Louisiana to
 the north. This act extended over the territory of
 Orleans a large number of the general laws of the
 United States, and provided a form of government.
 For the purposes of government the district of
 Louisiana was attached to the territory of Indiana,
 which had been carved out of the Northwest
 Territory. Although the area described as Orleans
 territory was thus under the authority of a territorial
 government, and many laws of the United States
 had been extended by act of Congress to it, it was
 manifest that Mr. Jefferson thought that the
 requirement of the treaty that it should be
 incorporated into the United States had not been
 complied with.

 In a letter written to Mr. Madison on July 14,
 1804, Mr. Jefferson, speaking of the treaty of
 cession, said (Ford's Writings of Jefferson, vol. 8, p.
 313):

 "The inclosed reclamations of Girod & Chote
against the claims of Bapstroop to a monopoly of
the Indian commerce supposed to be under the
protection of the 3d article of the Louisiana
convention, as well as some other claims to abusive
grants, will probably force us to meet that question.
The article has been worded with remarkable
caution on the part of our negotiators. It is that the
inhabitants shall be admitted as soon as possible,
according to the principles of our Constitution, to
the enjoyment of all the rights of citizens, and, in
the meantime, en attendant, shall be maintained in
their liberty, property, and religion. That is, that they
shall continue under the protection of the treaty
until the principles of our Constitution can be


 extended to them, when the protection of the
 treaty is to cease, and that of our own principles to
 take its place. But as this could not be done at
 once, it has been provided to be as soon as our
 rules will admit. Accordingly, Congress has begun
 by extending about twenty particular laws by their
 titles, to Louisiana. Among these is the act
 concerning intercourse with the Indians, which
 establishes a system of commerce with them
 admitting no monopoly. That class of rights,
 therefore, are now taken from under the treaty and
 placed under the principles of our laws. I imagine it
 will be necessary to express an opinion to Governor
 Claiborne on this subject, after you shall have made
 up one."

 In another letter to Mr. Madison, under date of
 August 15, 1804, Mr. Jefferson said (Ibid. p. 315):

 "I am so much impressed with the expediency
 of putting a termination to the right of France to
 patronize the rights of Louisiana, which will cease
 with their complete adoption as citizens of the
 United States, that I hope to see that take place on
 the meeting of Congress."

 At the following session of Congress, on March
 2, 1805 (2 Stat. at L. 322, chap. 23), an act was
 approved, which, among other purposes,
 doubtless was intended to fulfil the hope
 expressed by Mr. Jefferson in the letter just
 quoted. That act, in the 1st section, provided that
 the inhabitants of the territory of Orleans "shall be
 entitled to and enjoy all the rights, privileges, and
 advantages secured by the said ordinance"(that is,
 the ordinance of 1787) "and now enjoyed by the
 people of the Mississippi territory." As will be
 remembered, the ordinance of 1787 had been
 extended to that territory. 1 Stat. at L. 550, chap.
 28. Thus, strictly in accord with the thought
 embodied in the amendments contemplated by Mr.
 Jefferson, citizenship was conferred, and the
 territory of Orleans was incorporated into the United
 States to fulfil the requirements of the treaty, by
 placing it exactly in the position which it would have
 occupied had it been within the boundaries of the
 United States as a territory at the time the
 Constitution was framed. It is pertinent to recall that
 the treaty contained stipulations giving certain
 preferences and commercial privileges for a stated
 period to the vessels of French and Spanish
 subjects, and that, even after the action of
 Congress above stated, this condition of the treaty
continued to be enforced, thus demonstrating that