positive provision, Article III., taken from Bonaparte's projet, with slight alteration, that "the inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States." On republican principles of the Virginian school, only the States themselves could by a new grant of power authorize such an incorporation. Article III. Violated Madison’s instructions, which forbade the promise. "To incorporate the inhabitants of the hereby-ceded territory with the citizens of the United States," said these instructions, "being a provision which cannot now be made, it is to be expected, from the character and policy of the United States, that such incorporation will take place without unnecessary delay." The provision, which Madison said could not be made, was nevertheless made by Livingston and Monroe.
Embarrassing as these omissions or provisions were, they proved not so much that the treaty was carelessly drawn, as that the American negotiators were ready to stipulate whatever was needed for their purpose. Other portions of the treaty were not to defended on that excuse. The price stipulated for Louisiana was sixty million francs, in the form of United States six-per-cent bonds, representing a capital of $11,250,000.
- Madison to Livingston and Monroe, March 2, 1803; State Papers, ii. 540.