A form of the above proclamation was forwarded to William C. C. Claiborne by James Madison with instructions dated 31 Oct. 1803 (see Notes on Preparations to Occupy Louisiana, printed at 30 Oct. above). Madison directed Claiborne to issue the proclamation immediately after the transfer of the territory, “making however any unessential variations or additions which may be necessary” to adapt it to local circumstances. Claiborne formally issued the proclamation, with minor changes, at New Orleans on 20 Dec. 1803, a copy of which was forwarded to Congress by TJ on 16 Jan. 1804 and appeared in the National Intelligencer on the same date (Madison, Papers, Sec. of State Ser., 5:589-90; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:582).

here enter the treaty: as issued by Claiborne, the proclamation did not include the text of the Louisiana treaty. Instead, it merely stated that the territory had been ceded by France to the United States by a “treaty duly ratified, and bearing date the 30th of April, in the present year.” In a 27 Dec. letter to Madison, Claiborne explained that the full text of the treaty had already appeared in New Orleans newspapers, in both English and French, and was therefore in “general circulation.” Inserting the treaty into his proclamation would have “considerably retarded” its publication, Claiborne added, “and the lively anxiety of the people at that interesting Crisis forbad the delay of my proclamation” (Madison, Papers, Sec. of State Ser., 6:230-1).

act passed on the 31st. day of october: see TJ to the Senate and the House of Representatives, 21 Oct. TJ’s draft above includes the text of section two of the act in its entirety and nearly verbatim (U.S. Statutes at Large description begins Richard Peters, ed., The Public Statutes at Large of the United States … 1789 to March 3, 1845, Boston, 1855-56, 8 vols. description ends , 2:245).

Claiborne’s commission from the president, dated 31 Oct. 1803, authorized him to assume in Louisiana “all the powers and authorities” formerly exercised by the governor and intendant of the territory until the end of the present session of Congress “unless provision be sooner made” for its temporary government. It also specifically forbade Claiborne from collecting any new or additional taxes or to grant or confirm land titles within the territory. A separate commission by TJ of the same date authorized Claiborne and James Wilkinson to take possession of Louisiana (FCs in DNA: RG 59, MPTPC; Terr. Papers description begins Clarence E. Carter and John Porter Bloom, eds., The Territorial Papers of the United States, Washington, D.C., 1934-75, 28 vols. description ends , 9:94-5, 143-4).

all civil officers … are continued: Claiborne’s formal proclamation of 20 Dec. here deviated from TJ’s draft by excepting “such officers as have been entrusted with the collection of the revenue” from the civil officers to be continued by the new government (ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:582; National Intelligencer, 16 Jan. 1804).