The debates on the treaty in, Congress make interesting reading for those who delight in legal subtleties, for many nice questions of constitutional law were involved. Even granting that territory could be acquired, there was the further question whether the treaty-making power was competent irrespective of the House of Representatives. And what, pray, was meant by incorporating this new province in the Union? Was Louisiana to be admitted into the Union as a State by President and Senate? Or was it to be governed as a dependency? And how could the special privileges given to Spanish and French ships in the port of New Orleans be reconciled with that provision of the Constitution which, expressly forbade any preference to be given, by any regulation of commerce or revenue, to the ports of one State over those of another? The exigencies of politics played havoc with consistency, so that Republicans supported the ratification of the treaty with erstwhile Federalist arguments, while Federalists used the old arguments of the Republicans. Yet the Senate advised the ratification by a decisive vote and with surprising promptness; and Congress passed a provisional act authorizing the President to take over and govern the territory of Louisiana.
The vast province which Napoleon had tossed so carelessly into the lap of the young Western Republic was, strangely enough, not yet formally in his possession. The expeditionary force under General Victor which was to have occupied Louisiana had never left port. M. Pierre Clement Laussat, however, who was to have accompanied the expedition to assume the duties of prefect in the province, had sailed alone in January, 1803, to receive the province from the Spanish authorities. If this lonely Frenchman on mission possessed the imagination of his race, he must have had some emotional thrills as he reflected that he was following the sea trail of La Salle and Iberville through the warm waters of the Gulf of Mexico. He could not have entered the Great River and breasted its yellow current for a hundred miles, without seeing in his mind's eye those phantom figures of French and Spanish adventurers who had voyaged up and down its turbid waters in quest of gold or of distant Cathay. As his vessel dropped anchor opposite the town which Bienville had founded, Laussat must have felt that in some degree he was "heir of all the ages"; yet he was in fact face to face with conditions which, whatever their historic antecedents, were neither French nor Spanish. On the water front of New Orleans, he counted "forty-five Anglo-American ships to ten French." Subsequent experiences deepened this first impression: it was not Spanish nor French influence which had made this port important but those "three hundred thousand planters who in twenty years have swarmed over the eastern plains of the Mississippi and have cultivated them, and who have no other outlet than this river and no other port than New Orleans."