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The Writings of James Madison, comprising his Public Papers and his Private Correspondence, including his numerous letters and documents now for the first time printed, ed. Gaillard Hunt (New York: G.P. Putnam’s Sons, 1900). Vol. 7.

Author: James Madison
Editor: Gaillard Hunt

Part of: The Writings of James Madison, 9 vols.

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TO CHARLES PINCKNEY.d. of s. mss. instr.

Department of State, Jany 10 1803.

Sir,

Since my letter of November 27th on the subject of what had taken place at New Orleans, a letter has been received from the Governor of Louisiana to Governor Claiborne, in which it is stated that the measure of the Intendant was without instructions from his Government, and admitted that his own judgment did not concur with that of the Intendant. You will find by the printed documents herewith transmitted that the subject engaged the early and earnest attention of the House of Representatives, and that all the information relating to it, possessed by the Executive, prior to the receipt of that letter, was reported in consequence of a call for it. The letter itself has been added to that report; but being confidentially communicated, it does not appear in print: a translation of it however is herewith inclosed. You will find also that the House has passed a resolution explicitly declaring that the stipulated rights of the United States on the Mississippi will be inviolably maintained. The disposition of many members was to give to the resolution a tone and complexion still stronger. To these proofs of the sensation which has been produced, it is to be added, that representations, expressing the peculiar sensibility of the Western Country, are on the way from every quarter of it, to the Government. There is in fact but one sentiment throughout the union with respect to the duty of maintaining our rights of navigation and boundary. The only existing difference relates to the degree of patience which ought to be exercised during the appeal to friendly modes of redress. In this state of things it is to be presumed that the Spanish Government will accelerate by every possible means, its interposition for that purpose; and the President charges you to urge the necessity of so doing with as much amicable decision as you can employ. We are not without hopes, that the Intendant will yield to the demands which have been made on him, and to the advice which he will have received from the Spanish Minister here. But it will be expected from the justice and good faith of the Spanish Government, that its precise orders to that effect will be forwarded by the quickest conveyance possible. The President wishes also, that the expedient suggested in the letter above referred to, for preventing similar occurrences and delays, may also be duly pressed on that ground.

The deposition of George Lee, respecting the forgery of our Mediterranean passport, with copies of my last letters are inclosed.

The short notice given of the present opportunity leaves me time to add nothing more than assurances of the esteem and respect with which I remain, etc.

TO CHARLES PINCKNEY.d. of s. mss. instr.

Department of State, January 18th 1803.

Sir,

My letters of Nov. 27th and Jany 10th communicated the information which had been received at those dates, relating to the violation at New Orleans of our Treaty with Spain; together with what had then passed between the House of Representatives and the Executive on the subject. I now inclose a subsequent resolution of that branch of the Legislature. Such of the debates connected with it, as took place with open doors, will be seen in the Newspapers which it is expected will be forwarded by the Collector at New York, by the present opportunity. In these debates, as well as in indications from the press, you will perceive, as you would readily suppose, that the Cession of Louisiana to France has been associated as a ground of much solicitude, with the affair at New Orleans. Such indeed has been the impulse given to the public mind by these events, that every branch of the Government has felt the obligation of taking the measures most likely, not only to re-establish our present rights, but to promote arrangements by which they may be enlarged and more effectually secured. In deliberating on this subject, it has appeared to the President, that the importance of the crisis, called for the experiment of an Extraordinary Mission, carrying with it the weight attached to such a measure, as well as the advantage of a more thorough knowledge of the views of the Government and the sensibility of the public, than could be otherwise conveyed. He has accordingly selected for this service, with the approbation of the Senate Mr. Monroe formerly our Minister Plenipotentiary at Paris, and lastly Governor of the State of Virginia, who will be joined with Mr. Livingston in a Commission extraordinary to treat with the French Republic, and with yourself in a like Commission, to treat, if necessary with the Spanish Government. The President has been careful on this occasion to guard effectually against any possible misconstruction in relation to yourself by expressing in his message to the Senate, his undiminished confidence in the ordinary representation of the United States, and by referring the advantages of the additional mission to considerations perfectly consistent therewith.

Mr. Monroe will be the bearer of the instructions under which you are to negotiate. The object of them will be to procure a Cession of New Orleans and the Floridas to the United States, and consequently the establishment of the Mississippi as the boundary between the United States and Louisiana. In order to draw the French Government into the measure, a sum of money will make part of our propositions, to which will be added, such regulations of the commerce of that river and of the others entering the Gulph of Mexico as ought to be satisfactory to France. From a letter received by the President from a respectable person, it is inferred with probability that the French Government is not averse to treat on those grounds, and such a disposition must be strengthened by the circumstances of the present moment.

Though it is probable that this Mission will be completed at Paris, if its objects are at all attainable, yet it was necessary to apprize you thus far of what is contemplated both for your own satisfaction and that you may be prepared to co-operate on the occasion as circumstances may demand. Mr. Monroe will not be able to sail for two weeks or perhaps more.

Of the letters to you on the infraction of our rights at New Orleans, several copies have already been forwarded. Another is now inclosed. It is of the deepest importance that the Spanish Government should have as early an opportunity as possible of correcting and redressing the injury. If it should refuse or delay to do so, the most serious consequences are to be apprehended. The Government and people of the United States, are friendly to Spain, and know the full value of peace; but they know their rights also, and will maintain them. The Spirit of the nation is faithfully expressed in the resolution of the House of Representatives above referred to. You will make the proper use of it with the Spanish Government in accelerating the necessary orders to its officer at New Orleans, or in ascertaining the part it means to take on the occasion.

The Convention with Spain is now before the Senate who have not come to a decision upon it. As soon as its fate is known I shall transmit you the necessary information.

TO ROBERT R. LIVINGSTON.d. of s. mss. instr.

Department of State, January 18th 1803.

Sir,

My letters of December 23 and January 3 communicated the information which had been received of those dates, relating to the violation at New Orleans of our Treaty with Spain; together with what had then passed between the House of Representatives and the Executive on the subject. I now inclose a subsequent resolution of that branch of the Legislature. Such of the debates connected with it, as took place with open doors, will be seen in the newspapers which it is expected will be forwarded by the Collector at New York by the present opportunity. In these debates as well as in indications from the press, you will perceive, as you would readily suppose, that the Cession of Louisiana to France, has been associated as a ground of much solicitude, with the affair at New Orleans. Such indeed has been the impulse given to the public mind by these events that every branch of the Government has felt the obligation of taking the meassures most likely, not only to re-establish our present rights, but to promote arrangements by which they may be enlarged and more effectually secured. In deliberating on this subject it has appeared to the President that the importance of the crisis, called for the experiment of an extraordinary mission carrying with it the weight attached to such a measure, as well as the advantage of a more thorough knowledge of the views of the Government and the sensibility of the people, than could be otherwise conveyed. He has accordingly selected for this service, with the approbation of the Senate, Mr. Monroe formerly our Minister Plenipotentiary at Paris, and lately Governor of the State of Virginia, who will be joined with yourself in a Commission extraordinary to treat with the French Republic and with Mr. Pinckney in a like Commission, to treat, if necessary, with the Spanish Government. The President has been careful on this occasion to guard effectually against any possible misconstruction in relation to yourself, by expressing in his message to the Senate, his undiminished confidence in the ordinary representation of the United States, and by referring the advantages of the additional Mission to considerations consistent therewith.

Mr. Monroe will be the bearer of the instructions under which you are jointly to negotiate. The object of them will be to procure a Cession of New Orleans and the Floridas to the United States, and consequently the establishment of the Mississippi as the boundary between the United States and Louisiana. In order to draw the French Government into the measure, a sum of money will make part of our propositions, to which will be added such regulations of the commerce of that river, and of the others entering the Gulph of Mexico, as ought to be satisfactory to France. From a letter received by the President from the respectable person alluded to in my last, it is inferred with probability, that the French Government is not averse to treat on those grounds. And such a disposition must be strengthened by the circumstances of the present moment.

I have thought it proper to communicate this much to you, without waiting for the departure of Mr. Monroe, who will not be able to sail for two weeks or perhaps more. I need not suggest to you, that in disclosing this diplomatic arrangement to the French Government and preparing the way for the object of it, the utmost care is to be used, in expressing extravagant anticipations of the terms to be offered by the United States; particularly of the sum of money to be thrown into the transaction. The ultimatum on this point will be settled before the departure of Mr. Monroe, and will be communicated by him. The sum hinted at in the letter to the Presiident above referred to is —livres. If less will not do, we are prepared to meet it: but it is hoped that less will do, and that the prospect of accommodation will concur with other motives in postponing the expedition to Louisiana. For the present I barely remark that a proposition made to Congress with shut doors is under consideration which if agreed to will authorize a payment of about ten Millions of livres under arrangements of time and place, that may be so convenient to the French Government, as to invite a prompt as well as a favorable decision in the case. The sum to which the proposition is limited, and which will probably not be effectually concealed, may at the same time assist in keeping the pecuniary expectations of the French cabinet.

Your letter of Nov. 10 with one from Mr. Sumter of — have been received. As no mention is made of the disastrous state of St. Domingo, we conclude that it was not then known at Paris; and ascribe to that ignorance the adherence to the plan of sending troops to take possession of Louisiana. If the French Government do not mean to abandon the reduction of that Island, it is certain that troops cannot be spared for the other object. The language held by Genl. Hector, as communicated to you, claims attention, and would be entitled to much more, if the imputation to the French Government, of views which would force an unnecessary war with the United States, could be reconciled with any motive whatever sufficient to account for such an infatuation.

TO RUFUS KING.d. of s. mss. instr.

Department of State, January 29th 1803.

Sir,

My letter of the 23d Ult, with a postscript of the 3d of this month, communicated the information which had been received at those dates relating to the violation at New Orleans of our Treaty with Spain; together with what had then passed between the House of Representatives and the Executive on the subject. I now inclose a subsequent resolution of that branch of the Legislature. Such of the debates connected with it, as took place with open doors, will be seen in the newspapers. In these debates, as well as in indications from the press, you will perceive, as you would readily suppose, that the Cession of Louisiana to France, has been associated as a ground of much solicitude, with the affair at New Orleans. Such indeed has been the impulse given to the public mind by these events, that every branch of the Government has felt the obligation of taking the measures most likely not only to re-establish our present rights, but to promote arrangements by which they may be enlarged and more effectually secured. In deliberating on this subject, it has appeared to the President that the importance of the crisis, called for the experiment of an extraordinary mission; carrying with it the weight attached to such a measure, as well as the advantage of a more thorough knowledge of the views of the Government and of the sensibility of the public, than could be otherwise conveyed. He has accordingly selected for this service with the approbation of the Senate, Mr. Monroe, formerly our Minister Plenipotentiary at Paris, and lately Governor of the State of Virginia, who will be joined with Mr. Livingston in a Commission extraordinary to treat with the French Republic; and with the Spanish Government.

Mr. Monroe is expected here tomorrow, and he will probably sail shortly afterwards from New York.

These communications will enable you to meet the British Minister in conversation on the subject stated in your letter of May 7th 1802. The United States are disposed to live in amity with their neighbours whoever they may be, as long as their neighbours shall duly respect their rights, but it is equally their determination to maintain their rights against those who may not respect them; premising, where the occasion may require, the peaceable modes of obtaining satisfaction for wrongs, and endeavouring by friendly arrangements, and provident stipulations, to guard against the controversies most likely to occur.

Whatever may be the result of the present Mission Extraordinary, nothing certainly will be admitted into it, not consistent with our prior engagements. The United States and Great Britain have agreed each for itself to the free and common navigation by the other, of the River Mississippi; each being left at the same time to a separate adjustment with other nations, of questions between them relative to the same subject. This being the necessary meaning of our Treaties with Great Britain, and the course pursued under them, a difference of opinion seems to be precluded. Any such difference would be matter of real regret; for it is not only our purpose to maintain the best faith with that nation, but our desire to cherish a mutual confidence and cordiality, which events may render highly important to both nations.

Your successor has not yet been named, and it is now possible that the time you may have fixed for leaving England, will arrive before any arrangements for the vacancy, can have their effect. Should this be the case the President, sensible of the inconveniency to which you might be subjected by an unexpected detention, thinks it would not be reasonable to claim it of you. It may be hoped that the endeavours to prevent an interval in the Legation will be successful; and as it cannot be more than a very short one, no great evil can well happen from it.

TO ROBERT R. LIVINGSTON AND JAMES MONROE.d. of s. mss. instr.

Department of State, March 2d, 1803.

Gentlemen,

You will herewith receive a Commission and letters of credence, one of you as Minister Plenipotentiary, the other as Minister Extraordinary and Plenipotentiary, to treat with the Government of the French Republic, on the subject of the Mississippi and the Territory eastward thereof, and without the limits of the United States. The object in view is to procure by just and satisfactory arrangements a cession to the United States of New Orleans, and of West and East Florida, or as much thereof as the actual proprietor can be prevailed on to part with.

The French Republic is understood to have become the proprietor by a cession from Spain in the year NA of New Orleans, as part of Louisiana, if not of the Floridas also. If the Floridas should not have been then included in the Cession, it is not improbable that they will have been since added to it.

It is foreseen that you may have considerable difficulty in overcoming the repugnance and the prejudices of the French Government against a transfer to the United States of so important a part of the acquisition. The apparent solicitude and exertions amidst many embarrassing circumstances, to carry into effect the cession made to the French Republic, the reserve so long used on this subject by the French Government in its communications with the Minister of the United States at Paris, and the declaration finally made by the French Minister of Foreign relations, that it was meant to take possession before any overtures from the United States would be discussed, shew the importance which is attached to the territories in question. On the other hand as the United States have the strongest motives of interest and of a pacific policy to seek by just means the establishment of the Mississippi, down to its mouth as their boundary, so these are considerations which urge on France a concurrence in so natural and so convenient an arrangement.

Notwithstanding the circumstances which have been thought to indicate in the French Government designs of unjust encroachment, and even direct hostility on the United States, it is scarcely possible, to reconcile a policy of that sort, with any motives which can be presumed to sway either the Government or the Nation. To say nothing of the assurances given both by the French Minister at Paris, and by the Spanish Minister at Madrid, that the cession by Spain to France was understood to carry with it all the conditions stipulated by the former to the United States, the manifest tendency of hostile measures against the United States, to connect their Councils, and their Colosal growth with the great and formidable rival of France, can never escape her discernment, nor be disregarded by her prudence, and might alone be expected to produce very different views in her Government.

On the supposition that the French Government does not mean to force, or Court war with the United States; but on the contrary that it sees the interest which France has in cultivating their neutrality and amity, the dangers to so desirable a relation between the two countries which lurk under a neighbourhood modified as is that of Spain at present, must have great weight in recommending the change which you will have to propose. These dangers have been always sufficiently evident; and have moreover been repeatedly suggested by collisions between the stipulated rights or reasonable expectations of the United States, and the Spanish jurisdiction at New Orleans. But they have been brought more strikingly into view by the late proceeding of the Intendant at that place. The sensibility and unanimity in our nation which have appeared on this occasion, must convince France that friendship and peace with us must be precarious until the Mississippi shall be made the boundary between the United States and Louisiana; and consequently render the present moment favorable to the object with which you [are] charged.

The time chosen for the experiment is pointed out also by other important considerations. The instability of the peace of Europe, the attitude taken by Great Britain, the languishing state of the French finances, and the absolute necessity of either abandoning the West India Islands or of sending thither large armaments at great expence, all contribute at the present crisis to prepare in the French Government a disposition to listen to an arrangement which will at once dry up one source of foreign controversy, and furnish some aid in struggling with internal embarrassments. It is to be added, that the overtures committed to you coincide in great measure with the ideas of the person thro’ whom the letter of the President of April 30-1802 was conveyed to Mr. Livingston, and who is presumed to have gained some insight into the present sentiments of the French Cabinet.

Among the considerations which have led the French Government into the project of regaining from Spain the province of Louisiana, and which you may find it necessary to meet in your discussions, the following suggest themselves as highly probable.

1st. A jealousy of the Minister as leaning to a coalition with Great Britain and consistent with neutrality and amity towards France; and a belief that by holding the key to the commerce of the Mississippi, she will be able to command the interests and attachments of the Western portion of the United States; and thereby either controul the Atlantic porttion also, or if that cannot be done, to seduce the former with a separate Government, and a close alliance with herself.

In each of these particulars the calculation is founded in error.

It is not true that the Atlantic states lean towards any connection with Great Britain inconsistent with their amicable relations to France. Their dispositions and their interests equally prescribe to them amity and impartiality to both of those nations. If a departure from this simple and salutary line of policy should take place, the causes of it will be found in the unjust or unfriendly conduct experienced from one or other of them. In general it may be remarked, that there are as many points on which the interests and views of the United States and of Great Britain may not be thought to coincide as can be discovered in relation to France. If less harmony and confidence should therefore prevail between France and the United States than may be maintained between Great Britain and the United States, the difference will be not in the want of motives drawn from the mutual advantage of the two nations; but in the want of favorable dispositions in the Governments of one or the other of them. That the blame in this respect will not justly fall on the Government of the United States, is sufficiently demonstrated by the Mission and the objects with which you are now charged.

The French Government is not less mistaken if it supposes that the Western part of the United States can be withdrawn from their present Union with the Atlantic part, into a separate Government closely allied with France.

Our Western fellow citizens are bound to the Union not only by the ties of kindred and affection which for a long time will derive strength from the stream of emigration peopling that region, but by two considerations which flow from clear and essential interests.

One of these considerations is the passage thro’ the Atlantic ports of the foreign merchandize consumed by the Western inhabitants, and the payments thence made to a Treasury in which they would lose their participation by erecting a separate Government. The bulky productions of the Western Country may continue to pass down the Mississippi; but the difficulties of the ascending navigation of that river, however free it may be made, will cause the imports for consumption to pass thro’ the Atlantic States. This is the course thro’ which they are now received, nor will the impost to which they will be subject change the course even if the passage up the Mississippi should be duty free. It will not equal the difference in the freight thro’ the latter channel. It is true that mechanical and other improvements in the navigation of the Mississippi may lessen the labour and expence of ascending the stream, but it is not the least probable, that savings of this sort will keep pace with the improvements in canals and roads, by which the present course of imports will be favored. Let it be added that the loss of the contributions thus made to a foreign Treasury would be accompanied with the necessity of providing by less convenient revenues for the expence of a separate Government, and of the defensive precautions required by the change of situation.

The other of these considerations results from the insecurity to which the trade from the Mississippi would be exposed, by such a revolution in the Western part of the United States. A connection of the Western people as a separate state with France, implies a connection between the Atlantic States and Great Britain. It is found from long experience that France and Great Britain are nearly half their time at War. The case would be the same with their allies. During nearly one half the time therefore, the trade of the Western Country from the Mississippi, would have no protection but that of France, and would suffer all the interruptions which nations having the command of the sea could inflict on it.

It will be the more impossible for France to draw the Western Country under her influence, by conciliatory regulations of the trade thro’ the Mississippi, because regulations which would be regarded by her as liberal and claiming returns of gratitude, would be viewed on the other side as falling short of justice. If this should not be at first the case, it soon would be so. The Western people believe, as do their Atlantic brethren, that they have a natural and indefeasible right to trade freely thro’ the Mississippi. They are conscious of their power to enforce their right against any nation whatever. With these ideas in their minds, it is evident that France will not be able to excite either a sense of favor, or of fear, that would establish an ascendency over them. On the contrary, it is more than probable, that the different views of their respective rights, would quickly lead to disappointments and disgusts on both sides, and thence to collisions and controversies fatal to the harmony of the two nations. To guard against these consequences, is a primary motive with the United States, in wishing the arrangement proposed. As France has equal reasons to guard against them, she ought to feel an equal motive to concur in the arrangement.

2d. The advancement of the commerce of France by an establishment on the Mississippi, has doubtless great weight with the Government in espousing this project.

The commerce thro’ the Mississippi will consist 1st of that of the United States, 2d of that of the adjacent territories to be acquired by France.

The 1st is now and must for ages continue the principal commerce. As far as the faculties of France will enable her to share in it, the article to be proposed to her on the part of the United States on that subject promises every advantage she can desire. It is a fair calculation, that under the proposed arrangement, her commercial opportunities would be extended rather than diminished; inasmuch as our present right of deposit gives her the same competitors as she would then have, and the effect of the more rapid settlement of the Western Country consequent on that arrangement would proportionally augment the mass of commerce to be shared by her.

The other portion of commerce, with the exception of the Island of New Orleans and the contiguous ports of West Florida, depends on the Territory Westward of the Mississippi. With respect to this portion, it will be little affected by the Cession desired by the United States. The footing proposed for her commerce on the shore to be ceded, gives it every advantage she could reasonably wish, during a period within which she will be able to provide every requisite establishment on the right shore; which according to the best information, possesses the same facilities for such establishments as are found on the Island of New Orleans itself. These circumstances essentially distinguish the situation of the French commerce in the Mississippi after a Cession of New Orleans to the United States, from the situation of the commerce of the United States, without such a Cession; their right of deposit being so much more circumscribed and their territory on the Mississippi not reaching low enough for a commercial establishment on the shore, within their present limits.

There remains to be considered the commerce of the Ports in the Floridas. With respect to this branch, the advantages which will be secured to France by the proposed arrangement ought to be satisfactory. She will here also derive a greater share from the increase, which will be given by a more rapid settlement of a fertile territory, to the exports and imports thro’ those ports, than she would obtain from any restrictive use she could make of those ports as her own property. But this is not all. The United States have a just claim to the use of the rivers which pass from their territories thro’ the Floridas. They found their claim on like principles with those which supported their claim to the use of the Mississippi. If the length of these rivers be not in the same proportion with that of the Mississippi, the difference is balanced by the circumstance that both Banks in the former case belong to the United States.

With a view to perfect harmony between the two nations a cession of the Floridas is particularly to be desired, as obviating serious controversies that might otherwise grow even out of the regulations however liberal in the opinion of France, which she may establish at the Mouth of those rivers. One of the rivers, the Mobile, is said to be at present navigable for 400 miles above the 31° of latitude, and the navigation may no doubt be opened still further. On all of them, the Country within the Boundary of the United States, tho’ otherwise between that and the sea, is fertile. Settlements on it are beginning; and the people have already called on the Government to procure the proper outlets to foreign Markets. The President accordingly, gave some time ago, the proper instructions to the Minister of the United States at Madrid. In fact, our free communication with the sea thro’ these channels is so natural, so reasonable, and so essential that eventually it must take place, and in prudence therefore ought to be amicably and effectually adjusted without delay.

A further object with France may be, to form a Colonial establishment having a convenient relation to her West India Islands, and forming an independent source of supplies for them.

This object ought to weigh but little against the Cession we wish to obtain for two reasons, 1st. Because the Country which the Cession will leave in her hands on the right side of the Mississippi is capable of employing more than all the faculties she can spare for such an object and of yielding all the supplies which she could expect, or wish from such an establishment: 2d. Because in times of general peace, she will be sure of receiving whatever supplies her Islands may want from the United States, and even thro’ the Mississippi if more convenient to her; because in time of peace with the United States, tho’ of War with Great Britain, the same sources will be open to her, whilst her own would be interrupted; and because in case of war with the United States, which is not likely to happen without a concurrent war with Great Britain (the only case in which she could need a distinct fund of supplies) the entire command of the sea, and of the trade thro’ the Mississippi, would be against her, and would cut off the source in question. She would consequently never need the aid of her new Colony, but when she could make little or no use of it.

There may be other objects with France in the projected acquisition; but they are probably such as would be either satisfied by a reservation to herself of the Country on the right side of the Mississippi, or are of too subordinate a character to prevail against the plan of adjustment we have in view; in case other difficulties in the way of it can be overcome. The principles and outlines of this plan are as follows viz.

Ist.

France cedes to the United States forever, the Territory East of the River Mississippi, comprehending the two Floridas, the Island of New Orleans and the Island lying to the North and East of that channel of the said River, which is commonly called the Mississippi, together with all such other Islands as appertain to either West or East Florida; France reserving to herself all her territory on the West side of the Mississippi.

II.

The boundary between the Territories ceded and reserved by France shall be a continuation of that already defined above the 31st degree of North Latitude viz, the middle of the channel or bed of the river, thro’ the said South pass to the sea. The navigation of the river Mississippi in its whole breadth from its source to the ocean, and in all its passages to and from the same shall be equally free and common to citizens of the United States and of the French Republic.

III.

The vessels and citizens of the French Republic may exercise commerce to and at such places on their respective shores below the said thirty first degree of North Latitude as may be allowed for that use by the parties to their respective citizens and vessels. And it is agreed that no other Nation shall be allowed to exercise commerce to or at the same or any other place on either shore, below the said thirty first degree of Latitude. For the term of ten years to be computed from the exchange of the ratifications hereof, the citizens, vessels and merchandizes of the United States and of France shall be subject to no other duties on their respective shores below the said thirty first degree of latitude than are imposed on their own citizens, vessels and merchandizes. No duty whatever shall, after the expiration of ten years be laid on Articles the growth or manufacture of the United States or of the ceded Territory exported thro’ the Mississippi in French vessels, so long as such articles so exported in vessels of the United States shall be exempt from duty: nor shall French vessels exporting such articles, ever afterwards be subject to pay a higher duty than vessels of the United States.

IV.

The citizens of France may, for the term of ten years, deposit their effects at New Orleans and at such other places on the ceded shore of the Mississippi, as are allowed for the commerce of the United States, without paying any other duty than a fair price for the hire of stores.

V.

In the ports and commerce of West and East Florida, France shall never be on a worse footing than the most favored nations; and for the term of ten years her vessels and merchandize shall be subject therein to no higher duties than are paid by those of the United States and of the ceded Territory, exported in French vessels from any port in West or East Florida, [and] shall be exempt from duty as long as vessels of the United States shall enjoy this exemption.

VI.

The United States, in consideration of the Cession of Territory made by this Treaty shall pay to France — millions of livres Tournois, in the manner following, viz, They shall pay — millions of livres tournois immediately on the exchange of the ratifications hereof: they shall assume in such order of priority as the Government of the United States may approve, the payment of claims, which have been or may be acknowledged by the French Republic to be due to American citizens, or so much thereof as with the payment to be made on the exchange of ratifications will not exceed the sum of — and in case a balance should remain due after such payment and assumption, the same shall be paid at the end of one year from the final liquidation of the claims hereby assumed, which shall be payable in three equal annual payments, the first of which is to take place one year after the exchange of ratifications or they shall bear interest at the rate of six p Cent p annum from the date of such intended payments; until they shall be discharged. All the above mentioned payments shall be made at the Treasury of the United States and at the rate of one dollar and ten cents for every six livres tournois.

VII.

To incorporate the inhabitants of the hereby ceded territory with the citizens of the United States on an equal footing, 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. In the meantime they shall be secure in their persons and property, and in the free enjoyment of their religion.

OBSERVATIONS ON THE PLAN.

1st As the Cession to be made by France in this case must rest on the Cession made to her by Spain, it might be proper that Spain should be a party to the transaction. The objections however to delay require that nothing more be asked on our part, than either an exhibition and recital of the Treaty between France and Spain; or an engagement on the part of France, that the accession of Spain will be given. Nor will it be advisable to insist even on this much, if attended with difficulty or delay, unless there be ground to suppose that Spain will contest the validity of the transaction.

2d The plan takes for granted also that the Treaty of 1795 between the United States and Spain is to lose none of its force in behalf of the former by any transactions whatever between the latter and France. No change it is evident will be, or can be admitted to be produced in that Treaty or in the arrangements carried into effect under it, further than it may be superseded by stipulations between the United States and France, who will stand in the place of Spain. It will not be amiss to insist on an express recognition of this by France as an effectual bar against pretexts of any sort not compatible with the stipulations of Spain.

3d The first of the articles proposed, in defining the Cession refers to the South pass of the Mississippi, and to the Islands North and East of that channel. As this is the most navigable of the several channels, as well as the most direct course to the sea, it is expected that it will not be objected to. It is of the greater importance to make it the boundary, because several Islands will be thereby acquired, one of which is said to command this channel, and to be already fortified. The article expressly included also the Islands appertaining to the Floridas. To this there can be no objection. The Islands within six leagues of the shore are the subject of a British proclamation in the year 1763 subsequent to the Cession of the Floridas to Great Britain by France, which is not known to have been ever called in question by either France or Spain.

The 2d Article requires no particular observations.

Article 3d is one whose import may be expected to undergo the severest scrutiny. The modification to be desired is that, which, whilst it provides for the interest of the United States will be acceptable to France, and will give no just ground of complaint, and the least of discontent to Great Britain.

The present form of the article ought and probably will be satisfactory to France; first because it secures to her all the commercial advantages on the river which she can well desire; secondly because it leaves her free to contest the mere navigation of the River by Great Britain, without the consent of France.

The article also, in its present form violates no right of Great Britain, nor can she reasonably expect of the United States that they will contend beyond their obligations for her interest at the expense of their own. As far as Great Britain can claim the use of the river under her Treaties with us, or by virtue of, contiguous territory, the silence of the Article on that subject, leaves the claim unaffected. As far again as she is entitled under the Treaty of 1794 to the use of our Bank of the Mississippi above the 31st degree of N. Latitude, her title will be equally entire. The article stipulates against her only in its exclusion of her commerce from the bank to be ceded below our present limits. To this she cannot, of right object, 1st because the Territory not belonging to the United States at the date of our Treaty with her is not included in its stipulations, 2dly because the privileges to be enjoyed by France are for a consideration which Great Britain has not Given and cannot give 3dly because the conclusion in this case, being a condition on which the Territory will be ceded and accepted, the right to communicate the privilege to Great Britain will never have been vested in the United States.

But altho’ these reasons fully justify the article in its relation to Great Britain, it will be advisable before it be proposed, to feel the Pulse of the French Government with respect to a stipulation that each of the parties may without the consent of the other admit whomsoever it pleases to navigate the river and trade with their respective shores, on the same terms, as in other parts of France and the United States; and as far as the disposition of that Government will concur, to vary the proposition accordingly. It is not probable that this concurrence will be given; but the trial to obtain it will not only manifest a friendly regard to the wishes of Great Britain, and if successful, furnish a future price for privileges within her grant; but is a just attention to the interests of our Western fellow citizens, whose commerce will not otherwise be on an equal footing with that of the Atlantic States.

Should France not only refuse any such change in the Article; but insist on a recognition of her right to exclude all nations, other than the United States, from navigating the Mississippi, it may be observed to her, that a positive stipulation to that effect might subject us to the charge of intermeddling with and prejudging questions existing merely between her and Great Britain; that the silence of the article is sufficient; that as Great Britain never asserted a claim on this subject against Spain, it is not to be presumed that she will assert it against France on her taking the place of Spain; that if the claim should be asserted the Treaties between the United States and Great Britain will have no connection with it, the United States having in those treaties given their separate consent only to the use of the river by Great Britain, leaving her to seek whatever other consent may be necessary.

If, notwithstanding such expostulations as these, France shall inflexibly insist on an express recognition to the above effect it will be better to acquiesce in it, than to lose the opportunity of fixing an arrangement, in other respects satisfactory; taking care to put the recognition into a form not inconsistent with our treaties with Great Britain, or with an explanatory article that may not improbably be desired by her.

In truth it must be admitted, that France as holding one bank, may exclude from the use of the river any Nation not more connected with it by Territory than Great Britain is understood to be. As a river where both its banks are owned by one Nation, belongs exclusively to that Nation; it is clear that when the Territory on one side is owned by one Nation and on the other side by another nation, the river belongs equally to both, in exclusion of all others. There are two modes by which an equal right may be exercised; the one by a negative in each on the use of the river by any other nation except the joint proprietor, the other by allowing each to grant the use of the river to other nations, without the consent of the joint proprietor. The latter mode would be preferable to the United States. But if it be found absolutely inadmissible to France, the former must in point of expediency, since it may in point of right be admitted by the United States. Great Britain will have the less reason to be dissatisfied on this account as she has never asserted against Spain, a right of entering and navigating the Mississippi, nor has she or the United States ever founded on the Treaties between them, a claim to the interposition of the other party in any respect; altho’ the river has been constantly shut against Great Britain from the year 1783 to the present moment, and was not opened to the United States until 1795, the year of their Treaty with Spain.

It is possible also that France may refuse to the United States, the same commercial use of her shores, as she will require for herself on those ceded to the United States. In this case it will be better to relinquish a reciprocity, than to frustrate the negotiation. If the United States held in their own right, the shore to be ceded to them, the commercial use of it allowed to France, would render a reciprocal use of her shore by the United States, an indispensable condition. But as France may, if she chuses, reserve to herself the commercial use of the ceded shore as a condition of the cession, the claim of the United States to the like use of her shore would not be supported by the principle of reciprocity, and may therefore without violating that principle, be waved in the transaction.

The article limits to ten years the equality of French citizens, vessels and merchandizes, with those of the United States. Should a longer period be insisted on it may be yielded. The limitation may even be struck out, if made essential by France; but a limitation in this case is so desirable that it is to be particularly pressed, and the shorter the period the better.

Art IV. The right of deposit provided for in this article, will accommodate the commerce of France, to and from her own side of the river, until an emporium shall be established on that side, which it is well known will admit of a convenient one. The right is limited to ten years, because such an establishment may within that period be formed by her. Should a longer period be required, it may be allowed, especially as the use of such a deposit would probably fall within the general regulations of our commerce there. At the same time, as it will be better that it should rest on our own regulations, than on a stipulation, it will be proper to insert a limitation of time, if France can be induced to acquiesce in it.

Art. V. This article makes a reasonable provision for the commerce of France in the ports of West and East Florida. If the limitation to ten years of its being on the same footing with that of the United States, should form an insuperable objection, the term may be enlarged; but it is much to be wished that the privilege may not in this case, be made perpetual.

Art VI—The pecuniary consideration, to be offered for the territories in question, is stated in Art. VI. You will of course favor the United States as much as possible both in the amount and the modifications of the payments. There is some reason to believe that the gross sum expressed in the Article, has occurred to the French Government, and is as much as will be finally insisted on. It is possible that less may be accepted, and the negotiation ought to be adapted to that supposition. Should a greater sum be made an ultimatum on the part of France, the President has made up his mind to go as far as fifty — million of livres tournois, rather than lose the main object. Every struggle however is to be made against such an augmentation of the price, that will consist with an ultimate acquiescence in it.

The payment to be made immediately on the exchange of ratifications is left blank; because it cannot be foreseen either what the gross sum or the assumed debts will be; or how far a reduction of the gross sum may be influenced by the anticipated payments provided for by the act of Congress herewith communicated and by the authorization of the President and Secretary of the Treasury endorsed thereon. This provision has been made with a view to enable you to take advantage of the urgency of the French Government for money, which may be such as to overcome their repugnance to part with what we want, and to induce them to part with it on lower terms, in case a payment can be made before the exchange of ratifications. The letter from the Secretary of the Treasury to the Secretary of State, of which a copy is herewith inclosed, will explain the manner in which this advance of the ten Millions of livres, or so much thereof as may be necessary, will be raised most conveniently for the United States. It only remains here to point out the condition or event on which the advance may be made. It will be essential that the Convention be ratified by the French Government before any such advance be made; and it may be further required, in addition to the stipulation to transfer possession of the ceded territory as soon as possible, that the orders for the purpose, from the competent source, be actually and immediately put into your hands. It will be proper also to provide for the payment of the advance, in the event of a refusal of the United States to ratify the Convention.

It is apprehended that the French Government will feel no repugnance to our designating the classes of claims and debts, which, embracing more equitable considerations than the rest, we may believe entitled to a priority of payment. It is probable therefore that the clause of the VI article referring it to our discretion may be safely insisted upon. We think the following classification such as ought to be adopted by ourselves.

1st. Claims under the fourth Article of the Convention of Sept. 1800.

2ndly. Forced contracts or sales imposed upon our citizens by French authorities; and

3rdly. Voluntary contracts, which have been suffered to remain unfulfilled by them.

Where our citizens have become creditors of the French Government in consequence of Agencies or Appointments derived from it, the United States are under no particular obligation to patronize their claims, and therefore no sacrifice of any sort, in their behalf ought to be made in the arrangement. As far as this class of claimants can be embraced, with [out] embarrassing the negotiation, or influencing in any respect the demands or expectations of the French Government, it will not be improper to admit them into the provision. It is not probable however, that such a deduction from the sum ultimately to be received by the French Government will be permitted, without some equivalent accommodation to its interests, at the expence of the United States.

The claims of Mr. Beaumarchais and several other French individuals on our government, founded upon antiquated or irrelevant grounds, altho’ they may be attempted to be included in this negotiation have no connection with it. The American Government is distinguished for its just regard to the rights of foreigners and does not require those of individuals to become subjects of Treaty in order to be admitted. Besides, their discussion involves a variety of minute topics, with which you may fairly declare yourselves to be unacquainted. Should it appear however, in the course of the negotiation, that so much stress is laid on this point, that without some accommodation, your success will be endangered, it will be allowable to bind the United States for the payment of one Million of livres tournois to the representatives of Beaumarchais, heretofore deducted from his account against them; the French Government declaring the same never to have been advanced to him on account of the United States.

Art. VII is suggested by the respect due to the rights of the people inhabiting the ceded territory and by the delay which may be found in constituting them a regular and integral portion of the Union. A full respect for their rights might require their consent to the Act of Cession; and if the French Government should be disposed to concur in any proper mode of obtaining it, the provision would be honorable to both nations. There is no doubt that the inhabitants would readily agree to the proposed transfer of their allegiance.

It is hoped that the idea of a guarantee of the Country reserved to France may not be brought into the negotiation. Should France propose such a stipulation it will be expedient to evade it if possible, as more likely to be a source of disagreeable questions, between the parties concerning the actual casus federis than of real advantage to France. It is not in the least probable that Louisiana in the hands of that Nation will be attacked by any other whilst it is in the relations to the United States on which the guarantee would be founded; whereas nothing is more probable than some difference of opinion as to the circumstances and the degree of danger necessary to put the stipulations in force. There will be less reason in the demand of such an Article as the United States would [put] little value on a guarantee of any part of their territory and consequently there would be no great reciprocity in it. Should France notwithstanding these considerations make a guarantee an essential point, it will be better to accede to it than to abandon the object of the negotiation, mitigating the evil as much as possible by requiring for the casus federis a great and manifest danger threatened to the Territory guaranteed, and by substituting for an indefinite succour, or even a definite succour in Military force, a fixed sum of money payable at the Treasury of the United States. It is difficult to name the proper sum which is in no posture of the business to be exceeded, but it can scarcely be presumed that more than about — dollars, to be paid annually during the existence of the danger, will be insisted on. Should it be unavoidable to stipulate troops in place of money, it will be prudent to settle the details with as much precision as possible, that there may be no room for controversy either with France or with her money, on the fulfillment of the stipulation.

The instructions thus far given suppose that France may be willing to cede to the United States the whole of the Island of New Orleans, and both the Floridas. As she may be inclined to dispose of a part or parts, and of such only, it is proper for you to know that the Floridas together are estimated at ¼ the value of the whole Island of New Orleans, and East Florida at ½ that of West Florida. In case of a partial Cession, it is expected, that the regulations of every other kind so far as they are onerous to the United States, will be more favorably modified.

Should France refuse to cede the whole of the Island, as large a portion as she can be prevailed on to part with, may be accepted; should no considerable portion of it be attainable, it will still be of vast importance to get a jurisdiction over space enough for a large commercial town and its appurtenances, on the Bank of the river, and as little remote from the mouth of the river as may be. A right to chuse the place, would be better than a designation of it in the Treaty. Should it be impossible to procure a complete jurisdiction over any convenient spot whatever, it will only remain to explain and improve the present right of deposit, by adding thereto the express privilege of holding real estate for commercial purposes, of providing hospitals, of having Consuls residing there, and other Agents who may be authorized to authenticate and deliver all documents requisite for vessels belonging to and engaged in the trade of the United States to and from the place of deposit. The United States cannot remain satisfied, nor the Western people be kept patient under the restrictions which the existing Treaty with Spain authorizes.

Should a Cession of the Floridas not be attainable your attention will also be due to the establishment of suitable deposits at the mouths of the rivers passing from the United States thro’ the Floridas, as well as of the Free navigation of the rivers by Citizens of the United States. What has been above suggested in relation to the Mississippi and the deposit on its Banks is applicable to the other rivers; and additional hints relative to them all may be derived from the letter of which a copy is inclosed from the Consul at New Orleans.

It has been long manifest, that whilst the injuries to the United States so frequently occurring from the Colonial offices scattered over our hemisphere and in our neighbourhood can only be repaired by a resort to their respective Governments in Europe, that it will be impossible to guard against the most serious inconveniences. The late events at New Orleans strongly manifest the necessity of placing a power somewhere nearer to us, capable of correcting and controuling the mischievous proceedings of such officers toward our citizens, without which a few individuals not always among the wisest and best of men, may at any time threaten the good understanding of the two Nations. The distance between the United States and the old continent, and the mortifying delays of explanations and negotiations across the Atlantic on emergencies in our neighborhood, render such a provision indispensable, and it cannot be long before all the Governments of Europe having American Colonies must see the necessity of making it. This object therefore will likewise claim your special attention.

It only remains to suggest that considering the possibility of some intermediate violence between citizens of the United States and the French or Spaniards in consequence of the interruption of our right of deposit, and the probability that considerable damages will have been occasioned by that measure to citizens of the United States, it will be proper that indemnification in the latter case be provided for, and that in the former, it shall not be taken on either side as a ground or pretext for hostilities.

These instructions, tho’ as full as they could be conveniently made, will necessarily leave much to your discretion. For the proper exercise of it, the President relies on your information, your judgment, and your fidelity to the interests of your Country.

TO JAMES MONROE.d. of s. mss. instr.

Department of State, March 2d, 1803.1

Sir,

You will herewith receive two Commissions with the correspondent instructions, in which, you are associated as Minister Plenipotentiary and Extraordinary to the French Republic and to His Catholic Majesty, together with the respective letters of credence to those Governments.

The allowance for the service will be a salary at the rate of nine thousand dollars a year. The general rule which dates the commencement of the salary at the time of leaving home being inapplicable to your case, inasmuch as your appointment was notified and accepted at this place; your salary will commence on the — day of January on which it was understood you accepted the appointment; and will cease with the termination of the business of your Mission; a quarter’s salary being however added, as an allowance for the expences of your return home.

The distinction between the circumstances of an extraordinary and temporary mission and those of a mission requiring a fixed establishment, is the ground on which no outfit is allowed. But you will be allowed your expences in repairing to Paris, including those of a Journey from your home to this place; and your expences in travelling between the places where you are or may be required to attend. In adopting this mode of allowance in lieu of the outfit, the President presuming your expences will not exceed a year’s salary, has thought proper to make that the limit. In addition to the above, you will have a right to charge for postages and Couriers, should the latter prove necessary.

Your Mission to Madrid will depend on the event of that to Paris, and on the information there to be acquired. Should the entire Cession in view be obtained from the French Republic as the assignees of Spain, it will not be necessary to resort to the Spanish Government. Should the whole or any part of the Cession be found to depend, not on the French, but on the Spanish Government you will proceed to join Mr. Pinckney in the requisite negotiations with the latter. Altho’ the United States are deeply interested in the complete success of your Mission, the Floridas, or even either of them, without the Island of New Orleans, on proportionate terms, will be a valuable acquisition.

The President will expect, that the most punctual and exact communication be made, of the progress and prospects of the negotiations; and of the apparent dispositions of the Governments of France and Spain towards the United States. Should either of them, particularly the former, not only reject our proposition but manifest a spirit from which a determined violation of our rights, and its hostile consequences, may be justly apprehended, it will become necessary to give ulterior instructions abroad as well as to make arrangements at home, which will require the earliest possible notice.

The inclosed letters to our Bankers at Amsterdam and London, authorize them to pay your drafts for expences, as above referred to, and as you shall find it most convenient to draw upon the one or the other. Your experience will suggest to you the necessity of taking exact vouchers in all cases of expenditure, in order to the settlement of your accounts.

Should you find it necessary to appoint a private Secretary on your arrival in Europe, you are authorized to do so, allowing him for his service at the rate of 1350 dollars p annum. If he should live in your family, the expences of his maintenance and travelling will be included in your accounts; but he cannot be allowed any thing separately for expenses and his salary will cease when the three months allowed for your return commence. As he will have been found in France or Spain it will not be unjust to leave him there without an extra allowance for returning.

I have the honor to be, &c.

TO CHARLES PINCKNEY.d. of s. mss. instr.

Department of State, March 8th—1803.

Sir,

My last letter was of January 18. Yours since received are of 6th and 28th of November.

Our latest authentic information from New Orleans is of January 20. At that date, the Edict of the Intendant against our right of deposit had not been revoked, altho’ the letters to him and the Governor from the Spanish Minister here had been previously received. And it appears that the first outrage had been followed by orders of the most rigid tenor against every hospitable intercourse between our Citizens navigating the river, and the Spanish inhabitants.

This continuation of the obstruction to our trade, and the approach of the season for carrying down the Mississippi the exports of the Western Country, have had the natural effect of increasing the Western irritation, and emboldening the advocates for an immediate redress by arms. Among the papers inclosed you will find the propositions moved in the Senate by Mr. Ross of Pennsylvania. They were debated at considerable length and with much ardour; and on the question had eleven votes in their favour against fourteen. The resolutions moved by Mr. Breckenridge, and which have passed into a law, will with the law itself be also found among the inclosed papers.

These proceedings ought more and more to convince the Spanish Government that it must not only maintain good faith with the United States, but must add to this pledge of peace, some provident and effectual arrangement, as heretofore urged, for controuling or correcting the wrongs of Spanish Officers in America, without the necessity of crossing the Atlantic for the purpose. The same proceedings will shew at the same time that with proper dispositions and arrangement on the part of Spain, she may reckon with confidence, on harmony and friendship with this Country. Notwithstanding the deep stroke made at our rights and our interests, and the opportunity given for self redress in a summary manner, a love of peace, a respect for the just usages of Nations, and a reliance on the voluntary justice of the Spanish Government, have given a preference to remonstrance, as the first appeal on the occasion, and to negotiation as a source of adequate provisions for perpetuating the good understanding between the two nations; the measures taken on the proposition of Mr. Breckenridge being merely those of ordinary precaution and precisely similar to those which accompanied the mission of Mr. Jay to Great Britain in 1794. Should the deposit however not be restored in time for the arrival of the Spring craft, a new crisis will occur, which it is presumed that the Spanish Government will have been stimulated to prevent by the very heavy claims of indemnification to which it would be otherwise fairly subjected. The Marquis de Casa Yrujo does not yet despair of receiving from New Orleans favourable answers to his letters; but the remedy seems now to be more reasonably expected from Madrid. If the attention of the Spanish Government should not have been sufficiently quickened by the first notice of the proceeding from its own affairs; we hope that the energy of your interpositions will have overcome its tardy habits, and have produced an instant dispatch of the necessary orders.1

Mr. Monroe was to sail from New York for Havre de Grace on yesterday. He carries with him the instructions in which you are joined with him, as well as those which include Mr. Livingston. . . . . . . . . . . . . . . . .

TO ROBERT R. LIVINGSTON AND JAMES MONROE.d. of s. mss. instr.

Department of State, April 18th—1803.

Gentlemen,

A month having elapsed since the departure of Mr. Monroe, it may be presumed that by the time this reaches you, communications will have passed with the French Government sufficiently explaining its views towards the United States, and preparing the way for the ulterior instructions which the President thinks proper should now be given.

In case a conventional arrangement with France should have resulted from the negotiations with which you are charged; or in case such should not have been the result, but no doubt should be left that the French Government means to respect our rights and to cultivate sincerely peace and friendship with the United States, it will be expedient for you to make such communications to the British Government as will assure it that nothing has been done inconsistent with our good faith, and as will prevent a diminution of the good understanding which subsists between the two Countries.

If the French Government instead of friendly arrangements, or views should be found to meditate hostilities or to have formed projects which will constrain the United States to resort to hostilities, such communications are then to be held with the British Government as will sound its dispositions and invite its concurrence in the War. Your own prudence will suggest that the communications be so made as on one hand, not to precipitate France into hostile operations, and on the other not to lead Great Britain from the supposition that war depends on the choice of the United States and that their choice of war will depend on her participation in it. If war is to be the result, it is manifestly desirable that it be dedelayed, until the certainty of this result can be known, and the Legislative and other provisions can be made here; and also of great importance that the certainty should not be known to Great Britain who might take advantage of the posture of things to press on the United States disagreeable conditions of her entering into the war.

It will probably be most convenient in exchanging ideas with the British Government, to make use of its public Minister at Paris; as less likely to alarm and stimulate the French Government, and to raise the pretensions of the British Government, than the repairing of either of you to London, which might be viewed by both as a signal of rupture. The latter course however, may possibly be rendered most eligible by the pressure of the crisis.

Notwithstanding the just repugnance of this Country to a coalition of any sort with the belligerent policies of Europe, the advantages to be derived from the co-operation of Great Britain in a war of the United States, at this period, against France and her allies, are too obvious and too important to be renounced. And notwithstanding the apparent disinclination of the British councils to a renewal of hostilities with France, it will probably yield to the various motives which will be felt to have the United States in the scale of Britain against France, and particularly for the immediate purpose of defeating a project of the latter which has evidently created much solicitude in the British Government.

The price which she may attach to her co-operation cannot be foreseen, and therefore cannot be the subject of full and precise instructions. It may be expected that she will insist at least on a stipulation, that neither of the parties shall make peace or truce without the consent of the other, and as such an article cannot be deemed unreasonable, and will secure us against the possibility of her being detached in the course of the war, by seducing overtures from France, it will not be proper to raise difficulties on that account. It may be useful however to draw from her a definition, as far as the case will admit, of the objects contemplated by her, that whenever with ours they may be attainable by peace she may be duly pressed to listen to it. Such an explanation will be the more reasonable, as the objects of the United States will be so fair and so well known.

It is equally probable that a stipulation of commercial advantages in the Mississippi beyond those secured by existing treaties, will be required. On this point it may be answered at once that Great Britain shall enjoy a free trade with all of the ports to be acquired by the United States, on the terms allowed to the most favored nation in the ports generally of the United States. If made an essential condition, you may admit that in the ports to be acquired within the Mississippi, the trade of her subjects shall be on the same footing for a term of about ten years with that of our own citizens. But the United States are not to be bound to the exclusion of the trade of any particular nation or nations.

Should a mutual guarantee of the existing possessions, or of the conquests to be made by the parties, be proposed, it must be explicitly rejected as of no value to the United States, and as entangling them in the frequent wars of that nation with other powers, and very possibly in disputes with that nation itself.

The anxiety which Great Britain has shown to extend her domain to the Mississippi, the uncertain extent of her claims, from North to South, beyond the Western limits of the United States, and the attention she has paid to the North West coast of America, make it probable that she will connect with a war on this occasion, a pretension to the acquisition of the Country on the West side of the Mississippi, understood to be ceded by Spain to France, or at least of that portion of it lying between that River and the Missoury. The evils involved in such an extension of her possessions in our neighborhood, and in such a hold on the Mississippi, are obvious. The acquisition is the more objectionable as it would be extremely displeasing to our western citizens: and as its evident bearing on South america might be expected to arouse all the jealousies of France and Spain, and to prolong the war on which the event would depend. Should this pretension therefore be pressed, it must be resisted, as altogether repugnant to the sentiments, and the sound policy of the United States. But it may be agreed, in alleviation of any disappointment of Great Britain that France shall not be allowed to retain or acquire any part of the territory, from which she herself would be precluded.

The moment the prospect of war shall require the precaution you will not omit to give confidential notice to our public Ministers and Consuls, and to our naval commanders in the Mediterranean, that our commerce and public ships may be as little exposed to the dangers as possible. It may under certain circumstances be proper to notify the danger immediately to the Collectors in the principal ports of the U. States.

Herewith inclosed are two blank plenipotentiary Commissions and letters of credence to the French and British Governments. Those for the British Government are to be filled with the name of Mr. Monroe, unless his Mission to France should have an issue likely to be disagreeable to Great Britain; in which case the President would wish Mr. Livingston inserted if the translation be not disagreeable to him, and the name of Mr. Monroe to be inserted in the Commission for the French Republic. To provide for the event of Mr. Livingston’s translation, a letter of leave is inclosed.

A separate letter to you is also inclosed, authorizing you to enter into such communications and conferences with British Ministers as may possibly be required by the conduct of France. The letter is made a separate one that it may be used with the effect, but without the formality of a commission. It is hoped that sound calculations of interest as well as a sense of right in the French Government, will prevent the necessity of using the authority expressed in the letter. In a contrary state of things the President relies on your own information, to be gained on the spot, and on your best discretion to open with advantage the communications with the British Government, and to proportion the degree of an understanding with it, to the indications of an approaching war with France. Of these indications you will be best able to judge. It will only be observed to you that if France should avow or evince a determination to deny to the United States the free navigation of the Mississippi, your consultations with Great Britain may be held on the ground that war is inevitable. Should the navigation not be disputed, and the deposit alone be denied, it will be prudent to adapt your consultations to the possibility that Congress may distinguish between the two cases, and make a question how far the latter right may call for an instant resort to arms, or how far a procrastination of that remedy may be suggested and justified by the prospect of a more favorable conjuncture.

These instructions have thus far supposed that Great Britain and France are at peace, and that neither of them intend at present to interrupt it. Should war have actually commenced, or its approach be certain, France will no doubt be the more apt to concur in friendly accommodations with us, and Great Britain the more desirous to engaging us on her side. You will, of course, avail yourselves of this posture of things, for avoiding the necessity of recurring to Great Britain, or if the necessity cannot be avoided, for fashioning her disposition to arrangements which may be the least inconvenient to the United States. Whatever connection indeed may be eventually formed with Great Britain, in reference to war, the policy of the United States requires that it be as little entangling as the nature of the case will permit.

Our latest authentic information from New Orleans is of the 25th of February. At that date the port had been opened for provisions carried down the Mississippi, subject to a duty of 6 p Cent, if consumed in the province, and an additional duty if exported; with a restriction in the latter case to Spanish bottoms, and to the external ports permitted by Spain to her colonial trade. A second letter written by the Spanish Minister here, had been received by the Intendant, but without effect. On the 10th of March his interposition was repeated in a form, which, you will find by his translated communication to the Department of State, in one of the inclosed papers, was meant to be absolutely effectual. You will find in the same paper the translation of a letter from the French charge d’Affaires here, to the Governor of Louisiana, written with a co-operating view. A provisional letter to any French Agents, who might have arrived, had been previously written by him, in consequence of a note from this Department founded on a document published at New Orleans shewing that orders had been given by the Spanish Government for the surrender of the province to France; and he has of late addressed a third letter on the subject to the Prefect said to have arrived at New Orleans. It does not appear however, from any accounts received, that Louisiana has yet changed hands.

What the result of the several measures taken for restoring the right of deposit will be, remains to be seen. A representation on the subject was made by Mr. Graham, in the absence of Mr. Pinckney, to the Spanish Government on the 3d of February. No answer had been received on the 8th, but Mr. Graham was led by circumstances to make no particular inference from the delay. The silence of the French Government to Mr. Livingston’s representation as stated in his letter of the NA day of NA is a very unfavorable indication. It might have been expected from the assurances given of an intention to observe the Treaty between Spain and the United States, and to cultivate the friendship of the latter, that the occasion would have been seized for evincing the sincerity of the French Government: and it may still be expected that no interposition that may be required by the actual state of things will be witheld, if peace and friendship with the United States be really the objects of that Government. Of this the Mission of Mr. Monroe, and the steps taken by you on his arrival, will doubtless have impressed the proper convictions.

During this suspense of the rightful commerce of our Western Citizens, their conduct has been and continues to be highly exemplary. With the just sensibility produced by the wrongs done them, they have united a patient confidence in the measures and views of their Government. The justice of this observation will be confirmed to you by manifestations contained in the Western Newspapers herewith inclosed; and if duly appreciated, will not lessen the force of prudential as well as of other motives, for correcting past, and avoiding future trespasses on American rights.

April 20th.

The letter from the Marquis D’Yrujo, of which you will find a translated copy in the inclosed newspaper of this date, was yesterday received. The letters to which it refers, as containing orders for the reestablishment of our deposit at New Orleans were immediately forwarded. They will arrive in time we hope, to mitigate considerably the losses from the misconduct of the Spanish Intendant; and they are the more acceptable as they are an evidence of the respect in the Government of Spain for our rights and our friendship.

From the allusion in this communication from the Spanish Minister to a future agreement between the two Governments on the subject of an equivalent deposit, it would seem that the Spanish Government regards the Cession to France as either no longer in force, or not soon to be carried into execution. However this may be, it will not be allowed, any more than the result of our remonstrance to Spain on the violation of our rights, to slacken the negotiations for the greater security and the enlargement of these rights. Whether the French or the Spaniards or both are to be our neighbours, the considerations which led to the measures taken with respect to these important objects, still require that they should be pursued into all the success that may be attainable.

With sentiments of Great respect, &c.

TO ROBERT R. LIVINGSTON AND JAMES MONROEd. of s. mss. instr.

Department of State April 18th—1803.

Gentlemen,

The reasonable and friendly views with which you have been instructed by the President to enter into negotiations with the French Government, justify him in expecting from them an issue favorable to the tranquility and to the useful relations between the two countries. It is not forgotten however that these views, instead of being reciprocal, may find on the part of France, a temper adverse to harmony, and schemes of ambition, requiring on the part of the United States, as well as of others, the arrangements suggested by a provident regard to events. Among these arrangements, the President conceives that a common interest may recommend a candid understanding and a closer connection with Great Britain; and he presumes that the occasion may present itself to the British Government in the same light. He accordingly authorizes you, or either of you in case the prospect of your discussions with the French Government should make it expedient, to open a confidential communication with Ministers of the British Government, and to confer freely and fully on the precautions and provisions best adapted to the crisis, and in which that Government may be disposed to concur, transmitting to your own without delay, the result of these consultations.

With sentiments of high respect, &c.

TO ROBERT R. LIVINGSTONd. of s. mss. instr.

Department of State May 25th, 1803.

Sir,

Your several letters of March 3, 11, 18, & 24 with their inclosures have been duly received; as has been that of March 12, to the President. According to the request in this last, I now acknowledge also, or perhaps repeat the acknowledgment of the two papers inclosed, the one in your letter of Feby. 26, the other in that of August 10-1802.

The assurances given by the Chief Consul on the subject of our claims, cannot but be acceptable, altho’ they amount to less than justice; because no more than justice would have been done, if the claims had been satisfied without the delay which has intervened, and according to the example of good faith and punctuality in executing the Treaty given by the United States. It is to be hoped that the sincerity of these assurances will be verified by the success of the measures you are taking for a final and favorable settlement in behalf of our Citizens, who have never doubted, as far as I know, your solicitude or your exertions to obtain justice for them.

The assurances given at the same time, by the Chief Consul of his regard for the United States, and of his personal esteem for their Chief magistrate, are entitled also to favorable attention as an indication that a juster value begins to be placed on our friendly relations to the French Republic. Whether this language of the French Government be the effect of the political crisis in which it finds itself, or of a growing conviction of the important destinies and honorable policy of the United States, or, as is probable, of both these considerations, you will in return, communicate the assurances with which you are charged by the President, of his disposition to cherish a reciprocity of these sentiments, and that sincere amity between the two nations which is prescribed to both, by such weighty advantages.

The persevering evasion of your demands on the subject of the deposit at New Orleans, and generally of the rights of the United States as fixed by their Treaty with Spain, is not a little astonishing. It is as difficult to be reconciled with the sincerity of the late professions of the French Government and with the policy which the moment dictates to it, as with any other rational motives. It is the more extraordinary too, as it appears by a late communication from the Spanish Government to Mr. Pinckney, of which he says he forwarded a copy to Paris, and of which another is herewith inclosed, that the Treaty of Cession expressly saves all rights previously stipulated to other nations. A conduct so inexplicable is little fitted to inspire confidence, or to strengthen friendship; and rendered proper the peremptory declaration contained in your note of the 16th of March. The negotiations succeeding the arrival of Mr. Monroe, cannot fail to draw out the views of France on this important subject.

You were informed in my letters of the 18th and 20th of April that orders had been transmitted by the Spanish Government for restoring the deposit. The answers from New Orleans to the Spanish and French Ministers here, shew that their successive interpositions, including the peremptory one from the Marquis D’Yrujo of the 11th of March, were all unavailing. The orders of the King of Spain will no doubt be obeyed, if they arrive before possession be given to the French authority; nor is it presumable that in the event they would be disregarded. Still it is possible that the French Agents may chuse to wait for the French construction of the Treaty, before they relinquish the ground taken by the Intendant, and the more possible as the orders to the Intendant may contain no disavowal of his construction of it. Under these circumstances it will be incumbent on the French Government to hasten the orders necessary to guard against a prolongation of the evil, and the very serious consequences incident to it. It cannot be too much pressed that the justice and friendship of France, in relation to our rights and interests on the Mississippi, will be the principal rules by which we shall measure her views respecting the United States, and by which the United States will shape the course of their future policy towards her.

Your answer to the complaint of a traffic of our Citizens with the negroes of St. Domingo, and of subscriptions in Philada. in behalf of the latter, was founded in just observations. You may now add, with respect to the subscriptions, the positive fact, that no such subscriptions have ever been instituted; and with respect to the other complaint, that no such traffic is known or believed to have taken place; or if it has taken place, that it must have been from foreign ports, and not from ports of the United States.

You will find by the memorial herewith inclosed from three citizens of the United States now imprisoned at Jackmel, that whilst we repel unfounded complaints, on the part of France, the best founded ones exist on ours. The letter written to Mr. Pichon, on this occasion, of which a copy is inclosed, will suggest the proper representation to the French Government. It is to be wished that his answer to me, may be a type of that which will be given to you. The case of Capts. Rogers and Davidson will connect itself with that now committed to your attention.

We are still ignorant of the result of the armed negotiations between Great Britain and France. Should it be war, or should the uncertainty of the result, be spun out, the crisis may be favorable to our rights and our just objects; and the President assures himself that the proper use will be made of it. Mr. Monroe’s arrival has not yet been mentioned in any accounts which have not been contradicted.1

TO ROBERT R. LIVINGSTON AND JAMES MONROE.d. of s. mss. instr.

Department of State, May 28th 1803.

Gentlemen,

Since my last which was of April 18th the tenor of our information from France and Great Britain renders a war between these powers in the highest degree probable. It may be inferred at the same time from the information given by Mr. Livingston and Mr. King, that the importance of the United States is rising fast in the estimation both of the French and the British Cabinets, and that Louisiana is as much a subject of solicitude with the latter, as it has been an object of acquisition with the former. The crises presented by this jealous and hostile attitude of those rival powers has doubtless been seen in its bearings on the arrangements contemplated in your Commission and instructions; is hoped, tho’ we have not yet heard, that the arrival of Mr. Monroe will have taken place in time, to give full advantage to the means of turning the actual state of things to the just benefit of the United States.

The solicitude of England with respect to Louisiana is sufficiently evinced by her controuling the French expedition from Holland to that Country. But her views have been particularly unfolded to Mr. King by Mr. Addington, who frankly told him that in case a war should happen, it would perhaps be one of their first steps to occupy New Orleans, adding that it would not be to keep it, for that England would not accept the Country were all agreed to give it to her, but to prevent another power from obtaining it, which in his opinion would be best effected by its belonging to the United States; and concluding with assurances that nothing should be done injurious to their interests. If the Councils of France should be guided by half the wisdom which is here displayed on the part of her rival, your negotiations will be made easy, and the result of them very satisfactory.

Altho’ the immediate object of Great Britain in occupying New Orleans may be that of excluding France, and altho’ her prudence may renounce the fallacious advantage of retaining it for herself, it is not to be presumed that she will yield it to the United States without endeavouring to make it the ground of some arrangement that will directly or indirectly draw them into her war, or of some important concessions in favour of her commerce at the expence of our own. This consideration necessarily connects itself with the explanation, and friendly assurances of Mr. Addington, and so far leaves in force the inducement to accomplish our object by an immediate bargain with France.

In forming this bargain however, the prospect held out by the British Minister, with the nature of the crisis itself, authorizes us to expect better terms than your original instructions allow.

The President thinks it will be ineligible under such circumstances that any Convention whatever on the subject should be entered into, that will not secure to the United States the jurisdiction of a reasonable district on some convenient part of the Bank of the Mississippi.

He is made the more anxious also by the manner in which the British Government has opened itself to our Minister as well as by other considerations, that as little concession as possible should be made in the terms with France on points disagreeable to Great Briatin, and particularly that the acknowledgment of the right of France as holding one shore of the Mississippi to shut it against British vessels, should be avoided, if not essential to the attainment of the great objects we have in view, on terms otherwise highly expedient. It is desirable that such an acknowledgement should not even be admitted into the discussion.

The guarantee of the Country beyond the Mississippi is another condition, which it will be well to avoid if possible, not only for the reasons you already possess, but because it seems not improbable from the communications of Mr. King that Great Britain is meditating plans for the emancipation and independence of the whole of the American Continent, South of the United States, and consequently that such guarantee would not only be disagreeable to her, but embarrassing to the United States. Should War indeed precede your Conventional arrangements with France, the guarantee, if admitted at all, must necessarily be suspended and limited in such a manner as to be applicable only to the state of things as it may be fixed by a peace.

The proposed occupancy of New Orleans by Great Britain, suggests a further precaution. Should possession be taken by her, and the preliminary sum of 2 Millions or any part of it be paid to France, risks and disputes might ensue, which make it advisable to postpone the payment till possession shall be given to the United States, or if this cannot be done, obtain possible security against eventual loss.

As the question may arise, how far in a state of War, one of the parties can of right convey territory to a neutral power, and thereby deprive its enemy of the chance of conquest incident to war, especially when the conquest may have been actually projected, it is thought proper to observe to you 1st That in the present case the project of peaceable acquisition by the United States originated prior to the War, and consequently before a project of conquest could have existed. 2dly That the right of a neutral to procure for itself by a bona fide, transaction property of any sort from a belligerent power ought not to be frustrated by the chance that a rightful conquest thereof might thereby be precluded. A contrary doctrine would sacrifice the just interests of peace to the unreasonable pretensions of war, and the positive rights of one nation to the possible rights of another. A restraint on the alienation of territory from a nation at War to a nation at peace is imposed only in cases where the proceeding might have a collusive reference to the existence of the War, and might be calculated to save the property from danger, by placing it in secret trust, to be reconveyed on the return of peace. No objection of this sort can be made to the acquisitions we have in view. The measures taken on this subject, were taken before the existence or the appearance of war, and they will be pursued as they were planned, with the bona fide purpose of vesting the acquisition forever in the United States.

With these observations, you will be left to do the best you can, under all circumstances, for the interest of your Country; keeping in mind that the rights we assert are clear, that the objects we pursue are just, and that you will be warranted in providing for both by taking every fair advantage of emergencies.

For the course of information relating to the deposit at New Orleans, I refer you to my letter of the 25th inst; to Mr. Livingston.

TO ROBERT R. LIVINGSTONd. of s. mss. instr.

Department of State July 29th 1803.

Sir,

Since the date of my last which was May 24 I have received your several letters of April 11, 13 & 17 & May 12th. As they relate almost wholly to the subject which was happily terminated on the 30th of April a particular answer is rendered unnecessary by that event, and by the answer which goes by this conveyance to the joint letter from yourself and Mr. Monroe of the 13th of May. It will only be observed first that the difference in the diplomatic titles given to Mr. Monroe from that given to you, and which you understood to have ranked him above you was the result merely of an error in the Clerk who copied the document and which escaped attention when they were signed. It was not the intention of the President that any distinction of grade should be made between you. Indeed, according to the authority of Vattell the characters of Minister Plenipotentiary and Envoy Extraordinary are precisely of the same grade, altho’ it is said that the usage, in France particularly, does not correspond with this idea. Secondly, that the relation of the First Consul to the Italian Republic, received the compliment, deemed sufficient in the answer to a Note of Mr. Pichon, communicating the flag, of that Nation. A copy of the communication and of the answer are now inclosed.

The boundaries of Louisiana seem to be so imperfectly understood and are of so much importance, that the President wishes them to be investigated wherever information is likely to be obtained. You will be pleased to attend particularly to this object as it relates to the Spanish possessions both on the West and on the East side of the Mississippi. The proofs countenancing our claim to a part of West Florida may be of immediate use in the negotiations which are to take place at Madrid. Should Mr. Monroe have proceeded thither as is probable, and any such proofs should after his departure have come to your knowledge, you will of course have transmitted them to him.

You will find by our Gazettes that your memorial drawn up about a year ago on the subject of Louisiana, has found its way into public circulation. The passages in it which strike at G. Britain have undergone some comments, and will probably be conveyed to the attention of that Government. The document appears to have been sent from Paris, where you will be able no doubt to trace the indiscretion to its author.

No answer has yet been received either from you or Mr. Monroe to the diplomatic arrangement for London and Paris. The importance of shortening the interval at the former, and preventing one at the latter, makes us anxious on this point. As your late letters have not repeated your intention of returning home this fall, it is hoped that the interesting scenes which have since supervened may reconcile you to a longer stay in Europe.

I have the honor, &c.

TO JAMES MONROE.d. of s. mss. instr.

Department of State July 29, 1803.

Sir,

The communication by Mr. Hughes including the Treaty and Convention signed with the French Government, were safely delivered on the 14 instant. Inclosed is a copy of a letter written in consequence of them to Mr. Livingston and yourself.

On the presumption, which accords with the information given by Mr. Hughes, that you will have proceeded to Madrid in pursuance of the instructions of the 17th February last, it is thought proper to observe to you, that altho’ Louisiana may in some respects be more important than the Floridas, and has more than exhausted the funds allotted for the purchase of the latter, the acquisition of the Floridas is still to be pursued, especially as the crisis must be favorable to it.

You will be at no loss for the arguments most likely to have weight in prevailing on Spain to yield to our wishes. These Colonies, separated from her other territory on this Contient, by New Orleans, the Mississippi, and the whole of Western Louisiana, are now of less value to her than ever, whilst to the United States, they retain the peculiar importance derived from their position, and their relations to us thro’ the navigable rivers running from the U States into the Gulph of Mexico. In the hands of Spain they must ever be a dead expence in time of war, and at all times a source of irritation and ill blood with the United States. The Spanish Government must understand in fact that the United States can never consider the amicable relations between Spain and them as definitively and permanently secured, without an arrangement on this subject, which will substitute the manifest indications of nature, for the artificial and inconvenient state of things now existing.

The advantage to be derived to your negotiations from the war which has just commenced, will certainly not escape you. Powerful, and it might be presumed, effectual use may be made of the fact, that Great Britain meant to seize New Orleans with a view to the anxiety of the United States to obtain it;—and of the inference from the fact, that the same policy will be pursued with respect to the Floridas. Should Spain be [engaged?] in the war it cannot be doubted that they will be quickly occupied by a British force, and held out on some condition or other, to the United States. Should Spain be still at peace, and wish not to lose her neutrality, she should reflect that the facility and policy of seizing the Floridas, must strengthen the temptations of G. Britain to force her into the war. In every view, it will be better for Spain, that the Floridas should be in the hands of the United States, than of Great Britain; and equally so, that they should be ceded to us on beneficial terms by herself, than that they should find their way to us thro’ the hands of Great Britain.

The Spanish Government may be assured of the sincere and continued desire of the United States to live in harmony with Spain; that this motive enters deeply into the solicitude of their Government for a removal of the danger to it, which is inseparable from such a neighborhood as that of the Floridas; and that having, by a late Convention with G. Britain, adjusted every territorial question and interest with that Nation, and the Treaty with France concerning Louisiana having just done the same with her, it only remains that the example be copied into an arrangement with Spain, who is evidently not less interested in it than we are.

By the inclosed note of the Spanish Minister here, you will see the refusal of Spain to listen to our past overtures, with the reasons for the refusal. The answer to that communication is also inclosed. The reply to such reasons will be very easy. Neither the reputation nor the duty of his Catholic Majesty can suffer from any measure founded in wisdom, and the true interests of Spain. There is as little ground for supposing, that the maritime powers of Europe will complain of, or be dissatisfied with a Cession of the two Floridas to the United States, more than with the late cession of Louisiana by Spain to France, or more than with the former cessions thro’ which the Floridas have passed. What the Treaties are subsequent to that of Utrecht, which are alleged to preclude Spain from the proposed alienation, have not been examined. Admitting them to exist in the sense put upon them, there is probably no maritime power who would not readily acquiesce in our acquisition of the Floridas, as more advantageous to itself, than the retention of them by Spain, shut up against all foreign commerce, and liable at every moment to be thrown into the preponderant scale of G. Britain. Great Britain herself would unquestionably have no objection to their being transferred to us; unless it should be drawn from her intention to conquer them for herself, or from the use she might expect to make of them, in a negotiation with the United States. And with respect to France, silence at least is imposed on her by the Cession to the United States, of the Province ceded to her by Spain; not to mention, that she must wish to see the Floridas, like Louisiana kept out of the hands of Great Britain, and has doubtless felt that motive in promising her good offices with Spain for obtaining these possessions for the United States. Of this promise you will of course make the proper use in your negotiations.

For the price to be given for the Floridas, you are referred generally to the original instructions on this point. Altho’ the change of circumstances lessens the anxiety for acquiring immediately a territory which now more certainly than ever, must drop into our hands, and notwithstanding the pressure of the bargain with France on our Treasury; yet for the sake of a peaceable and fair completion of a great object, you are permitted by the President in case a less sum will not be accepted, to give two Millions and a quarter of dollars, the sum heretofore apportioned to this purchase. It will be expected however, that the whole of it, if necessary be made applicable to the discharge of debts and damages claimed from Spain, as well those not yet admitted by the Spanish Government, as those covered by the Convention signed with it by Mr. Pinckney on the 11th day of Augt. 1802, and which was not ratified by the Senate because it embraced no more of the just responsibilities of Spain. On the subject of these claims, you will hold a strong language. The Spanish Government may be told plainly, that they will not be abandoned any farther than an impartial Tribunal may make exceptions to them. Energy in the appeal to its feelings, will not only tend to justice for past wrongs, but to prevent a repetition of them in case Spain should become a party to the present war.

In arranging the mode, the time, and the priority of paying the assumed debts, the ease of the Treasury is to be consulted as much as possible: less is not to be done with that view, than was enjoined in the case of the French debts to our Citizens. The stock to be engaged in the transaction is not to be made irredeemable, without a necessity not likely to arise; and the interest as well as the principal should be payable at the Treasury of the United States. The only admissible limitation on the redemption of the stock is, that the holder shall not be paid off in less than about one fifth or one fourth of the amount in one year.

Indemnifications for the violation of our deposit at New Orleans have been constantly kept in view, in our remonstrances and demands on that subject. It will be desirable to comprehend them in the arrangement. A distinction however is to be made between the positive and specific damages sustained by individuals, and the general injuries accruing from that breach of Treaty. The latter could be provided for by a gross and vague estimate only, and need not be pressed, as an indispensable condition. The claim however, may be represented as strictly just, and a forbearance to insist on it, as an item in the valuable considerations for which the Cession is made. Greater stress may be laid on the positive and specific damages capable of being formally verified by individuals; but there is a point beyond which it may be prudent not to insist even here; especially as the incalculable advantage accruing from the acquisition of New Orleans, will diffuse a joy throughout the Western Country that will drown the sense of these little sacrifices. Should no bargain be made on the subject of the Floridas, our claims of every sort are to be kept in force. If it be impossible to bring Spain to a Cession of the whole of the two Floridas, a trial is to be made for obtaining either or any important part of either. The part of West Florida adjoining the territories now ours, and including the principal rivers falling into the Gulph, will be particularly important and convenient.

It is not improbable that Spain, in Treating on a Cession of the Floridas, may propose an exchange of them for Louisiana beyond the Mississippi, or may make a serious point of some particular boundary to that territory. Such an exchange is inadmissible. In intrinsic value there is no equality; besides the advantage, given us by the Western Bank, of the entire jurisdiction of the river. We are the less disposed also to make sacrifices to obtain the Floridas, because their position and the manifest course of events guarantee an early and reasonable acquisition of them. With respect to the adjustment of a boundary between Louisiana and the Spanish territories, there might be no objection to combining it with a Cession of the Floridas, if our knowledge of the extent and character of Louisiana were less imperfect. At present any arrangement, would be a step too much in the dark to be hazarded, and this will be a proper answer to the Spanish Government. Perhaps the inter-communications with the Spanish Government on this subject with other opportunities at Madrid, may enable you to collect useful information, and proofs of the fixt limits, or of the want of fixt limits to Western Louisiana. Your enquiries may also be directed to the question whether any and how much of what passes for West Florida, be fairly included in the territory ceded to us by France. The treaties and transactions between Spain and France will claim particular attention in this enquiry.

Should no cession whatever be attainable, it will remain only, for the present, to provide for the free use of the rivers running from the United States into the Gulph. A convenient deposit is to be pressed as equally reasonable there as on the Mississippi; and the inconveniency experienced on the latter from the want of a jurisdiction over the deposit, will be an argument for such an improvement of the stipulation. The free use of those rivers for our external commerce, is to be insisted on as an important right, without which the United States can never be satisfied, and without an admission of which by Spain they can never confide either in her justice or her disposition to cultivate harmony and good neighborhood with them. It will not be advisable to commit the U States into the alternative of War or a compliance on the part of Spain; but no representation short of that, can be stronger than the case merits.

The instruction to urge on Spain some provision for preventing, or rectifying, by a delegated authority here, aggressions and abuses committed, by her Colonial officers, is to be regarded as of high importance. Nothing else may be able to save the U States from the necessity of doing themselves justice. It cannot be expected that they will long continue to wait the delays and the difficulties of negotiating, on every emergency, beyond the Atlantic. It is more easy and more just, that Spain and other European nations, should establish a remedy on this side of the Atlantic where the source of the wrongs is established, than that the complaints of the United States should be carried to the other side, and perhaps wait till the Atlantic has moreover been twice crossed, in procuring information for the other party without which a decision may be refused.

The navigation of the Bay of St. Mary’s is common to Spain and the United States; but a light house and the customary water marks can be established within the Spanish jurisdiction only. Hitherto the Spanish Officers have refused every proper accommodation on this subject. The case may be stated to the Government of Spain, with our just expectation that we may be permitted either to provide the requisite establishments ourselves, or to make use of those provided by Spain.

This letter will be addressed to Madrid; but as it is possible that you may not have left Paris, or may have proceeded to London, a copy will be forwarded to Paris, to be thence, if necessary, sent on to London. In case it should find you either at Paris or London, it must be left to your own decision how far the call for you at either of those places, ought to suspend these instructions. Should you decide to go to Madrid, it may be proper first to present your credence to the French or British Government, as the case may be; and to charge a fit person with the public business during your absence. Should you even be at Paris and your Commission filled up for London, it may be best to proceed first to London, if the call to Madrid be not very urgent.

I shall write to Mr. Pinckney and inform him that this letter is intended for his use jointly with yours; tho’ addressed to you alone, because in part not applicable to him. Should you suspend or have suspended your visit to Madrid, you will please write to him also, giving him your ideas as to the expediency of prosecuting the object of the joint instructions or not, until you can be with him.

TO ROBERT R. LIVINGSTON AND JAMES MONROE.1d. of s. mss. instr.

Department of State July 29th—1803.

Gentlemen,

Your dispatches, including the Treaty and two conventions signed with a French Plenipotentiary on the 30th of April, were safely delivered on the 14th by Mr. Hughes, to whose care you had committed them.

In concurring with the disposition of the French Government to treat for the whole of Louisiana, altho’ the western part of it was not embraced by your powers, you were justified by the solid reasons which you give for it, and I am charged by the President to express to you his entire approbation of your so doing.

This approbation is in no respect precluded by the silence of your Commission and instructions. When these were made out, the object of the most sanguine was limited to the establishment of the Mississippi as our boundary. It was not presumed that more could be sought by the United States either with a chance of success, or perhaps without being suspected of a greedy ambition, than the Island of New Orleans and the two Floridas, it being little doubted that the latter was or would be comprehended in the Cession from Spain to France. To the acquisition of New Orleans and the Floridas, the provision was therefore accommodated. Nor was it to be supposed that in case the French Government should be willing to part with more than the Territory on our side of the Mississippi, an arrangement with Spain for restoring to her the territory on the other side would not be preferred to a sale of it to the United States. It might be added, that the ample views of the subject carried with him by Mr. Monroe and the confidence felt that your judicious management would make the most of favorable occurrences, lessened the necessity of multiplying provisions for every turn which your negotiations might possibly take.

The effect of such considerations was diminished by no information or just presumptions whatever. The note of Mr. Livingston in particular stating to the French Government the idea of ceding the Western Country above the Arkansa and communicated to this Department in his letter of the 29th January, was not received here till April 5 more than a month after the Commission and instructions had been forwarded. And besides that this project not only left with France the possession and jurisdiction of one bank of the Mississippi from its mouth to the Arkansa, but a part of West Florida, the whole of East Florida, and the harbours for ships of war in the Gulph of Mexico, the letter inclosing the note intimated that it had been treated by the French Government with a decided neglect. In truth the communications in general between Mr. Livingston and the French Government, both of prior and subsequent date, manifested a repugnance to our views of purchase which left no expectation of any arrangement with France by which an extensive acquisition was to be made, unless in a favorable crisis of which advantage should be taken. Such was thought to be the crisis which gave birth to the extraordinary commission in which you are joined. It consisted of the state of things produced by the breach of our deposit at New Orleans, the situation of the French Islands, particularly the important Island of St. Domingo; the distress of the French finances, the unsettled posture of Europe, the increasing jealousy between G Britain and France, and the known aversion of the former to see the mouth of the Mississippi in the hands of the latter. These considerations it was hoped, might so far open the eyes of France to her real interest and her ears to the monitory truths which were conveyed to her thro’ different channels, as to reconcile her to the establishment of the Mississippi as a natural boundary to the United States; or at least to some concessions which would justify our patiently waiting for a fuller accomplishment of our wishes under auspicious events. The crisis relied on has derived peculiar force from the rapidity with which the complaints and questions between France and Great Britain ripened towards a rupture, and it is just ground for mutual and general felicitation, that it has issued under your zealous exertions, in the extensive acquisition beyond the Mississippi.

With respect to the terms on which the acquisition is made, there can be no doubt that the bargain will be regarded as on the whole highly advantageous. The pecuniary stipulations would have been more satisfactory, if they had departed less from the plan prescribed; and particularly if the two millions of dollars in cash, intended to reduce the price or hasten the delivery of possession had been so applied, and the assumed payments to American claimants on the footing specified in the instructions. The unexpected weight of the draught now to be made on the Treasury will be sensibly felt by it, and may possibly be inconvenient in relation to other important objects.

The President has issued his proclamation convening Congress on the 17th of October, in order that the exchange of the ratifications may be made within the time limitted. It is obvious that the exchange, to be within the time, must be made here and not at Paris; and we infer from your letter of NA that the ratifications of the Chief Consul are to be transmitted hither with that view.

I only add the wish of the President to know from you the understanding which prevailed in the negotiation with respect to the Boundaries of Louisiana, and particularly the pretensions and proofs for carrying it to the River Perdigo, or for including any lesser portion of West Florida.

With high respect, &c.

TO ROBERT R. LIVINGSTON.1d. of s. mss. instr.

Department of State October 6th-1803.

Sir,

My last was of July 29 written a few days before my departure for Virginia, whence I returned, as did the President, ten or twelve days ago. Your letters received since that date are May 20, June 3 and 25, July 11, 12 & 30th.

In the reply to the communication made by the French Government on the subject of the war, you are charged by the President to express the deep regret felt by the United States at an event so afflicting to humanity. Deploring all the calamities with which it is pregnant, they devoutly wish that the benevolent considerations which pleaded in vain for a continuance of the peace, may have their due effect in speedily restoring its blessings. Until this happy change shall take place the French Government may be assured that the United States will forget none of the obligations which the laws of neutrality impose on them. Faithful to their character they will pay to every belligerent right the respect which is due to it; but this duty will be performed in the confidence that the rights of the United States will be equally respected. The French Government will do justice to the frankness of this declaration, which is rendered the more proper, by the irregularities, of which too many examples have been heretofore experienced. The President does not permit himself to doubt that the French Government, consulting equally its own honor and the true interests of France, will guard by effectual regulations against every abuse under colour of its authority, whether on the high seas, or within French or foreign jurisdiction, which might disturb the commerce or endanger the friendly relations so happily subsisting, and which the United States are so much disposed to cherish, between the two nations.

Your interposition against the arrette of the 1st Messidor an 11 was due to the just interests of your fellow citizens. It is to be hoped that the strong views which you have presented of the subject, will lead the French Government to retract or remodify a measure not less unjust than injurious to the interests of France. Regulations which by their suddenness, ensnare those who could not possibly know them, and who meant to observe those naturally supposed to be in force, are to all intents retrospective, having the same effect and violating the same privileges, as laws enacted subsequent to the cases to which they are applied. The necessity of leaving between the date and the operation of commercial regulations, an interval sufficient to prevent surprize on distant adventurers, is in general too little regarded, and so far there may be room for common complaint. But when great and sudden changes are made, and above all, when legal forfeitures as well as mercantile losses are sustained, redress may fairly be claimed by the innocent sufferers. Admitting the public safety, which rarely happens, to require regulations of this sort, and the right of every Government to judge for itself, of the occasions, it is still more reasonable that the losses should be repaired than that they should fall on the individuals innocently ensnared.

Your suggestion as to commercial arrangements of a general nature with France, at the present juncture has received the attention of the President; but he has not decided that any instructions should be given you to institute negotiations for that purpose; especially as it is not known on what particular points sufficiently advantageous to the United States, the French Government would be likely to enter into stipulations. Some obscurity still hangs on the extra duty exacted by the Batavian Government. The state of our information leaves it doubtful, whether the interests of the United States will be promoted, by the change authorized by our Treaty with that Republic.

Mr. Pinckney will doubtless have communicated to you his conversation with Mr. Cevallos, in which the latter denied the right of France to alienate Louisiana, to the United States; alleging a secret stipulation by France not to alienate. Two notes on the same subject have lately been presented here by the Marquis D’Yrujo. In the first dated Sept. 4 he enters a caveat against the right of France to alienate Louisiana, founding it on a declaration of the French Ambassador at Madrid in July 1802 that France would never part with that Territory, and affirming that on no other condition Spain would have ceded it to France. In the second note dated Sept. 27, it is urged as an additional objection to the Treaty between the United States and France, that the French Government had never completed the title of France, having failed to procure the stipulated recognition of the King of Etruria from Russia and Great Britain which was a condition on which Spain agreed to cede the Country to France. Copies of these Notes of the Spanish Minister here, with my answer, as also extracts from Mr. Pinckney’s letter to me, and from a note of the Spanish Minister at Madrid to him, are also enclosed.

From this proceeding on the part of Spain, as well as by accounts from Paris, it is not doubted that whatever her views may be in opposing our acquisition of Louisiana, she is soliciting the concurrence of the French Government. The interest alone which France manifestly has in giving effect to her engagement with the United States, seems to forbid apprehensions that she will listen to any entreaties or temptations which Spain may employ. As to Spain it can hardly be conceived that she will unsupported by France, persist in her remonstrances, much less that she will resist the Cession to the United States, by force.

The objections to the Cession, advanced by Spain, are in fact too futile to weigh either with others or with herself The promise made by the French Ambassador, that no alienation should be made, formed no part of the Treaty of retrocession to France; and if it had, could have no effect on the purchase by the United States, which was made in good faith, without notice from Spain of any such condition, and even with sufficient evidence that no such condition existed. The objection drawn from the failure of the French Government to procure from other powers an acknowledgment of the King of Etruria, is equally groundless. This stipulation was never communicated either to the public, or to the United States, and could therefore be no bar to the contract made by them. It might be added that as the acknowledgment stipulated was, according to the words of the Article, to precede possession by the King of Etruria the overt possession by him was notice to the world that the conditions on which it depended had either been fulfilled or been waved. Finally, no particular powers, whose acknowledgment was to be procured, are named in the article; and the existence of war between Great Britain and France at the time of the stipulation, is a proof that the British acknowledgment, the want of which is now alleged as a breach of the Treaty, could never have been in its contemplation.

But the conduct of the Spanish Government, both towards the United States and France, is a complete answer to every possible objection to the Treaty between them. That Government well knew the wish of the United States to acquire certain territories which it had ceded to France, and that they were in negotiation with France on the subject; yet the slightest hint was never given that France had no right to alienate, or even that an alienation to the United States would be disagreeable to Spain. On the contrary the Minister of his Catholic Majesty, in an official note bearing date May 4 last, gave information to the Minister of the United States at Madrid, that the “entire province of Louisiana, with the limits it had when held by France, was retroceded to that power, and that the United States might address themselves to the French Government in order to negotiate the acquisition of the territories which would suit their interest.” Here is at once a formal and irrevocable recognition of the right as well of France to convey as of the United States to receive the Territory, which is the subject of the Treaty between them. More than this cannot be required to silence forever the cavils of Spain at the titles of France now vested in the United States; yet for more than this, she may be referred to her own measures at New Orleans preparatory to the delivery of possession to France; to the promulgation under Spanish authority at that place, that Louisiana was retroceded and to be delivered to France; and to the orders signed by His Catholic Majesty’s own hand, now ready to be presented to the Government of Louisiana for the delivery of the Province to the person duly authorized by France to receive it.

In a word, the Spanish Government has interposed two objections only to the title conveyed to the United States by France. It is said first, that the title in the United States, is not good, because France was bound not to alienate. To this it is answered, that the Spanish Government itself referred the United States to France, as the power capable and the only power capable, of conveying the territory in question. It is said next that the title in France herself was not good. To this, if the same answer were less decisive the orders of the King of Spain for putting France into possession, are an an swer which admits of no reply.

The President has thought proper that this view of the case should be transmitted to you, not doubting that you will make the proper use of it with the French Government, nor that that Government will feel the full force of its stipulated obligations to remove whatever difficulties Spain may interpose towards embarrassing a transaction, the complete fulfilment of which is as essential to the honor of France, as it is important to the interests of both Nations. In the mean time we shall proceed in the arrangements for taking possession of the Country ceded, as soon as possession shall be authorized; and it may be presumed that the provisions depending on Congress, will be sufficient to meet the discontents of Spain in whatever form they may assume.

The United States have obtained, by just and honorable means, a clear title to a territory too valuable in itself and too important to their tranquility and security not to be effectually maintained, and they count on every positive concurrence on the part of the French Government which the occasion may demand from their friendship and their good faith.

The rightful limits of Louisiana are under investigation. It seems undeniable from the resent state of the evidence that it extends Eastwardly as far as the river Perdido, and there is little doubt that we shall make good both a western and northern extent highly satisfactory to us.

The considerations which led Mr. Monroe to decline his trip to Madrid, having the same weight with the President, the mission is suspended until other instructions shall be given, or until circumstances shall strongly invite negotiations at Madrid for completing the acquisition desired by the United States.

The American citizens detained at Jacmel have been restored to their liberty and returned to the United States as you will find by a letter from one of them, of which a copy is inclosed.

Permit me to request your particular attention to the inclosed communication from the Secretary of the Treasury, respecting a balance due from Mr. Joseph Miller to the United States. Should there be danger of his assigning the award, so as to require the Bills to be issued by you in the name of another person it will deserve your consideration how far it is practicable to have recourse to the authority competent to give the award, that they may modify the terms of it in such manner as to secure the public claim. If no such danger exists and Mr. Miller is yet unwilling to enter into a proper arrangement, it seems best that the sett off claimed by the United States should be endorsed by you upon the Bills previously to their delivery, in order to prevent a transfer without notice.

With great respect & consideration &c. &c.,

P. S. October 14. Since the above was written, I have received a third Note from the Marquis D’Yrujo, in reply to my answer to his two preceding. A copy of it is herewith added. It requires no comment beyond what may be applicable in the above observations on his two first notes; being probably intended for little more than a proof of fidelity to his trust, and of a zeal recommending him to the favor of his Sovereign.

Be pleased to cause the books referred to in the inclosed slip from the Moniteur of the 29th of July last to be purchased and transmitted to this office. They may doubtless be had at Paris or Amsterdam. You may add to them any other reputable and valuable treatise and also collection of modern treaties you think proper.

It having been thought proper to communicate to Mr. Pichon the French charge D’Affairs here, the tenor of the Notes from the Marquis D’Yrujo, he has presented in a note just received, a vindication of his Government and its treaty with the United States against the objections proceeding from the Spanish Government. A copy of this note is herewith inclosed.

TO CHARLES PINCKNEY.d. of s. mss. instr.

Department of State October 12th—1803.

Sir,

Since my last of July 29, I have received your several letters of April 12 & 20 May 2d & 4th June 12 and July 18th.

Mr. Monroe has already informed you of his having proceeded to London, and of his intention not to repair to Madrid, for the present. He will have since received instructions given on a contrary supposition; but it is probable he will wait where he is for the determination of the President on the reasons which kept him from proceeding to Madrid. I have just informed him that the President approves the course he has taken, so that he is not to be expected to join you at Madrid, until he shall be so instructed, or until a change of circumstances, shall in his view clearly invite him to do so. My last letter to you having provided for the case of Mr. Monroe’s postponing this trip, I need not repeat the instructions and observations then made to you. I shall only add, that it is more proper now than ever that you should not be in haste without the concurrence of your colleague, to revive the negotiation jointly committed to you.

Among the reasons which weighed with the President as well as with Mr. Monroe, against attempting at present, to procure from the Spanish Government the residuum of territory desired by the United States, is the ill humour shewn by that Government at the acquisition already made by them from France; and of which the language held to you by M. Cevallos as communicated in your letter of NA is a sufficient proof. A still fuller proof of the same fact, is contained in three letters lately received from the Spanish Minister here, copies of which with my answer to the two first, are herewith inclosed. I inclose also a copy of a letter written on the occasion to Mr. Livingston, which was rendered more proper, by the probability as well as by information from Paris, that efforts would be used with Spain to draw the French Government into her views of frustrating the Cession of Louisiana to the United States.

In these documents you will find the remarks by which the objections made by the Spanish Government to the Treaty of Cession between the U. S. and France are to be combated. The President thinks it proper that they should without delay be conveyed to the Spanish Government, either by a note from you, or in conversation, as you may deem most expedient; and in a form and stile best uniting the advantages of making that Government sensible of the absolute determination of the United States to maintain their right, with the propriety of avoiding undignified menace, and unnecessary irritation.

The conduct of Spain on this occasion is such as was in several views little to be expected, and as is not readily explained. If her object be to extort Louisiana from France as well as to prevent its transfer to the U States it would seem that she must be emboldened by an understanding with some other very powerful quarter of Europe. If she hopes to prevail on France to break her engagement to the United States, and voluntarily restore Louisiana to herself, why has she so absurdly blended with the project the offensive communication of the perfidy which she charges on the First Consul? If it be her aim to prevent the execution of the Treaty between the United States and France, in order to have for her neighbor the latter instead of the United States, it is not difficult to shew that she mistakes the lesser for the greater danger, against which she wishes to provide. Admitting as she may possibly suppose, that Louisiana as a French Colony, would be less able as well as less disposed than the United States, to encroach on her Southern possessions, and that it would be too much occupied with its own safety against the United States, to turn its force on the other side against her possessions, still it is obvious, in the first place, that in proportion to [as] the want of power in the French Colony would be safe for Spain, compared with the power of the United States, the Colony would be insufficient as a barrier against the United States; and in the next place, that the very security which she provides would itself be a source of the greatest of all dangers she has to apprehend. The Collisions between the United States and the French would lead to a contest in which Great Britain would naturally join the former, and in which Spain would of course be on the side of the latter; and what becomes of Louisiana and the Spanish possessions beyond it, in a contest between powers so marshalled? An easy and certain victim to the fleets of Great Britain and the land armies of this Country. A combination of these forces was always and justly dreaded by both Spain and France. It was the danger which led both into our revolutionary war, and [as] much inconsistency as weakness is chargeable on the projects of either, which tend to reunite for the purposes of war, the power which has been divided. France returning to her original policy, has wisely by her late Treaty with the United States, obviated a danger which could not have been very remote. Spain will be equally wise in following the example and by acquiescing in an arrangement which guards against an early danger of controversy between the United States, first with France then with herself, and removes to a distant day the approximation of the American and Spanish settlements, provide in the best possible manner for the security of the latter and for a lasting harmony with the United States. What is it that Spain dreads? She dreads, it is presumed, the growing power of this country, and the direction of it against her possessions within its reach. Can she annihilate this power? No.—Can she sensibly retard its growth? No.—Does not common prudence then advise her, to conciliate by every proof of friendship and confidence the good will of a nation whose power is formidable to her; instead of yielding to the impulses of jealousy, and adopting obnoxious precautions, which can have no other effect than to bring on prematurely the whole weight of the Calamity which she fears. Reflections, such as these may perhaps enter with some advantage into your communications with the Spanish Government, and as far as they may be invited by favorable occasions, you will make that use of them.

Perhaps after all this interposition of Spain it may be intended merely to embarrass a measure which she does not hope to defeat, in order to obtain from France or the United States or both, concessions of some sort or other as the price of her acquiescence. As yet no indication is given, that a resistance by force to the execution of the Treaty is prepared or meditated. And if it should, the provisions depending on Congress, whose Session will commence in two days, will, it may be presumed, be effectually adapted to such an event.

With sentiments of great esteem and consideration &c &c.

P. S. Mr. Graham has signified his wish to resign the place he holds at Madrid. The President leaves it to himself to fix the time when it may be most convenient that the resignation should take effect. Whenever this shall arrive, you have the permission of the president to name a private Secretary.

TO ROBERT R. LIVINGSTON.1d. of s. mss. instr.

Department of State, November 9th 1803.

Sir,

In my letter of the 22 ult. I mentioned to you that the exchange of the ratifications of the Treaty and Conventions with France had taken place here, unclogged with any condition or reserve. Congress have since passed an act to enable the President to take possession of the ceded territory and to establish a temporary Government therein. Other Acts have been passed for complying with the pecuniary stipulations of those instruments. The Newspapers inclosed will inform you of these proceedings.

By the post which left this City for Nachez on Monday last, a joint and several Commission was forwarded to Governor Claiborne and Genl Wilkinson authorizing them to receive possession and occupy those territories, and a separate Commission to the former as temporary Governor. The possibility suggested by recent circumstances that delivery may be refused at New Orleans, on the part of Spain, required that provision should be made as well for taking as receiving possession. Should force be necessary, Governor Claibone and Genl Wilkinson will have to decide on the practicability of a Coup de Main, without waiting for the reinforcements which will require time on our part and admit of preparations on the other. The force provided for this object is to consist of the regular troops near at hand, as many of the Militia as may be requisite and can be drawn from the Mississippi Territory, and as many volunteers from any Quarter as can be picked up. To them will be added 500 mounted Militia, from Tennessee, who it is expected will proceed to Nachez with the least possible delay.

Mr. Pichon has in the strongest manner pressed on Mr. Laussat the French Commissary appointed to deliver possession, the necessity of co-operating in these measures of compulsion should they prove necessary by the refusal of the Spanish Officers to comply without them.

On the 8th of October it was not known, and no indications had been exhibited at New Orleans, of a design on the part of Spain to refuse or oppose the surrender of the Province to France, and thereby to us.1

With high respect & consideration &c.

[1 ]

TO JAMES MONROE.

Washington, Mar. 1, 1803.

Dear Sir,—

Since you left us we have no further intelligence from N. Orleans, except a letter dated Jany 20 from the vice Consular agent there, from which it appears that the letters to the Govr. & Intendant from the Spanish Minister here, had arrived abt. the 13th., and had not on the 20th., produced the desired change in the state of things. The delay however does not seem to have been viewed by the Consul as any proof, that the Intendant would not conform to the interposition. The idea continued that he had taken measures without orders from his Govt There are letters (according to that from the Consul) for the Marquis Yrujo now on the way by land. These will probably shew whether the Intendant will yield or not. The despatch vessel which carried the Marquis’s letters is not yet returned. The detention of her beyond the allotted time is favorably interpreted by him; on the presumption that she waits for a satisfactory answer, which the pride of the Intendant postpones as long as possible.The Newspapers will have informed you of the turn given to the proceedings of Congs. on the subject of N. Orleans, &c. The proposition of Mr. Ross in the Senate which drove at war thro’ a delegation of unconstitutional power to the Executive were discussed very elaborately, and with open doors. The adversaries of them triumphed in the debate, and threw them out by 15 votes agst 11. On the motion of Mr. Breckenridge measures of expenseless or cheap preparation in the stile of those which attended Mr Jay’s mission to G. Britain, have been agreed on in the Senate. It is uncertain whether even these will pass the House of Reps. If they should as is perhaps not improper, they will not be understood as indicating no views that ought to excite suspicions or unfriendly sensations in either of the Govt. to which your Mission is addressed. The truth is that justice & peace prevail not only in the Public Councils; but in the body of the Community, and will continue to do so as long as the conduct of other nations will permit. But France & Spain cannot be too deeply impressed with the necessity of revising their relations to us thro’ the Misspi, if they wish to enjoy our friendship, or preclude a state of things which will be more formidable than any that either of those powers has yet experienced. Some adjustments such as those which you have to propose have become indispensable. The whole of what we wish is not too much to secure permanent harmony between the parties. Something much better than has hitherto been enjoyed by the States, is essential to any tolerable degree of it even for the present.

I enclose you an extract of a letter from Mr. Gallatin, which could not be well incorporated with the instructions. The information it gives may nevertheless be of use, & I take this mode of putting it in your hands.

I understand that a bill is likely to pass granting Genl. Fayette 12,000 acres of land, as due for military services. We are anxious that a clause may be inserted authorizing the President to locate the tract wherever he pleases. Should this idea succeed, the grant may become of great value, perhaps beyond the contemplation of the Marquis or his most sanguine friends. Without such a clause, the land may be of little account, and will probably fall short of the lowest expectations.

In the instructions relative to Art VI, you will find an important discretion given on the subject of Beaumarchais claim. It was suggested by the possibility that the claim may be pressed with an energy beyond its importance in any public view; Such a discretion was therefore highly expedient, and may possibly be used with desirable effect.

You will receive herewith sundry printed papers, & I recommend that you receive from Mr Gilston whatever Newspapers he may have on hand for Mr Livingston.

I have not heard from you since yours of the 22d. If I should find on the rect. of your next that I have time eno’, you shall hear again from me before your departure; but it will probably be on private subjects only.

Mrs. Madison offers with me affectionate respects, an agreeable voyage, and happy scenes to Mrs. Monroe & Miss Eliza, as well as to yourself.

Adieu

P. S. Your instructions &c &c will be put into the mail tomorrow evening. Some unavoidable delays have prevented their going by the present.

(Extract of a letter from Albert Gallatin, Esqr., to J. Madison, Esqr.)

Dated Feby 7, 1803.

If West Florida can alone be purchased, it is certainly worth attending to; but in that case, making the river Iberville the boundary as it was made in the treaty of 1762 between France and England, the article should be so worded as to give us the whole channel of that river, or at least to permit us to open it so as to render it navigable in all seasons. At present the bed is 30 feet above low water mark for 15 miles from the Mississippi to Amit river; but I have no doubt that a very small opening would be widened & deepened afterwards by the river. There is no obstruction, the whole being level and mud or sand. But supposing even a portage there, the advantage of american houses settled in a american port would soon give a preference over New Orleans to that port. The seaport may be perhaps on the main between Pearl & Pargacola rivers; but certainly on the Island called “Ship Island” as through the passage between that & the next island there are more than 20 feet water & good anchorage close to the shore which faces the main. A frigate of 36 guns was seen there by E. Jones, (the first clerk in my office who is brother of our late consul at New Orleans & lived ten years with him in W. Florida) & it is the reason of its bearing that name. Judge Bay says that there is another island, called Deer Island close to the entrance of Lake Pontchartrain which affords the same advantages. That Jones disbelieves; but the other is certain, and as it is about half way between Mobile & the Lake; as the whole navigation between these two places is locked in by the Islands & safe even for open boats & canoes, that island would become the proper seaport for both rivers Mississippi and Mobile; for you can bring but 9 feet up Mobile bay, 7 feet over the bar of Lake Pontchartrain & 15 over the bar at the mouth of the Mississippi. It results from all that, that the possession of West Florida, even without New Orleans island, is extremely inmportant, and that if it can be obtained, it ought expressly to include all the islands within twenty leagues or such distance as to include those which are marked on the map.—Enclosed to James Monroe, 1 Mar. 1803—Mad. MSS.

[1 ]Madison instructed Pinckney on March 21, 1803: Since my letter of the 8th instant, the Marquis d’Yrujo has received answers to his letters to the Governor and Intendant of Louisiana in which it is stated by the latter, as well as the former officer, that the suspension of our deposit, was not the effect of any orders from the Spanish Government. No intimation however was given that the suspension would be removed in consequence of the original interposition of the Spanish Minister. In this state of things, rendered the more critical by the rising indignation of the Western Country, and the approach of the season when the privation of the deposit would be felt in all its force, a letter was written from this Department, to the Spanish Minister, of which a copy is inclosed. You will find by the tenor of his to the Secretary of State, of which a printed translation is also inclosed, that he has taken on himself to insure a correction of the wrong which has been committed. It can scarcely be doubted that his prudent zeal to preserve tranquility between Spain and the United States, and to save the former from the heavy damages likely to fall on her, will be approved by his government; and it is to be hoped that the energy of his interposition with the local authority at New Orleans, will be effectual, in case these authorities should not have previously changed hands. Should such a change have taken place, the letter from Mr. Pichon the charge d’Affaires of the French Republic of which a printed translation is likewise inclosed is well adapted to give a right turn to the conduct of the Spanish Agents. In whatever hands the Mouth of the Mississippi may be, it is essential to peace, as well as to right, that the gifts of nature, and the guarantees of Treaty should be duly respected.

It appears by a letter of February 15 from the Vice Agent of the United States at New Orleans, that the Intendant had opened the market there for provisions going down the Mississippi. This measure is represented as essential to the subsistance of the Colony, and if so, makes the folly of the Intendant, as conspicuous as his arrogance, in provoking the resentments of a powerful neighbour, from whose good will the necessaries of life were to be drawn.—D. of S. MSS. Instr.

[1 ]

TO JAMES MONROE.

Washington, Apl. 20, 1803.

Dear Sir

You will receive with this all the communications claimed by the actual & eventual posture of our affairs in the hands of yourself & Mr Livingston. You will find also that the Spanish Govt has pretty promptly corrected the wrong done by its Officer at N. Orleans. This event will be a heavy blow to the clamorous for war, and will be very soothing to those immediately interested in the trade of the Missisipi. The temper manifested by our Western Citizens has been throughout the best that can be conceived. The real injury from the suspension of the deposit was howr*much lessened by the previous destruction of the intire crop of wheat in Kentucky, by the number of sea vessels built on the Ohio and by throngs of vessels from Atlantic ports to the Mississippi, some of which ascended to the Natches. The permission also to supply the market at N. O. & to ship the surplus as Spanish property to Spanish ports, was turned to good account. The trial therefore has been much alleviated. Certain it is that the hearts and hopes of the Western people are strongly fixed on the Mississippi for the future boundary. Should no improvement of existing rights be gained the disappointment will be great. Still respect for principle & character, aversion to war & taxes the hope of a speedy conjuncture more favorable, and attachment to the present order of things will be persuasive exhortations to patience. It is even a doubt with some of the best judges whether the deposit alone would not be waved for a while rather than it should be the immediate ground of war and an alliance with England. This suggested a particular passage in the official letter now sent you & Mr. L.

The elections in New England are running much against the administration. In Virginia the result is but very partially known. Brent is outvoted by Lewis. In general things continue well in that state.

The affair between the President and J. Walker has had a happy ecclaircissement. Even this general communication is for your own bosom as already privy to the affair.

I have recd. a very friendly letter from Genl Fayette, which I shall answer as soon as I can get some further information. We are all much distressed by his late accident, and are anxious for every proof to be given him of the affection of this Country. Congress found an occasion of voting about 11 or 12,000 acres of land N. W. of the Ohio with liberty to locate it any where. This may be made worth now probably abt 20,000 dollars. In a little time the value must greatly increase. Whether anything else can or will be done, you can judge as well as myself. Assure him of my undiminished friendship for him, which he knows to have been perfectly sincere and ardent.

Mr. Coleman has sent a list of the furniture. It is some articles short of your list, & which contains a few we shall not want. They are not yet arrived here.—Mad. MSS.

[1 ]

To James Monroe.

Washington, July 30, 1803.

Dear Sir

I received your favor of by Mr. Hughes, the bearer of the public despatches from you & Mr L. The purchase of Louisiana in its full extent, tho’ not contemplated is received with warm, & in a manner universal approbation. The uses to which it may be turned, render it a truly noble acquisition. Under prudent management it may be made to do much good as well as to prevent much evil. By lessening the military establishment otherwise requisite or countenanced, it will answer the double purpose of saving expence & favoring liberty. This is a point of view in which the Treaty will be particularly grateful to a most respectable description of our Citizens. It will be of great importance also to take the regulation & settlement of that Territory out of other hands, into those of the U. S. who will be able to manage both for the general interest & conveniency. By securing also the exclusive jurisdiction of the Mississippi to the mouth, a source of much perplexity & collision is effectually cut off.

The communications of your*colleague hither, have fully betrayed the feelings excited by your messa., and that he was precipitating the business soon after yr. arrival without respect to the measure of the govt., to yr. self, or to the advantage to be expected from the presence & co-operation of the more immediate depository of the objects and sensibilities of his country. It is highly probable that if the appeal to the French Govt. had been less hackneyed by the ordinary minister and been made under the solemnity of a joint and extraordinary embassy the impression would have been greater & the gain better.

What course will be taken by his friends here remains to be seen. You will find in the gazettes a letter from Paris understood to be from Swan inclosing a copy of his memorial representing it as the primary cause of the cession, praising the patriotism which undertook so great a service without authority, and throwing your agency out of any real merit while by good fortune it snatched the ostensible merit. This letter with the memorl has been published in all our papers some of them making comments favorable to Mr. Livingston, others doing justice to you, others ascribing the result wholly to the impending rupture. Another letter from Paris has been published wh makes him Magnus Apollo. The publication of the memorial is so improper and in reference to the writer invites such strictures that [an answer?] from him is not to be presumed. The passages against Engld. have not escaped the lash. It would not be very wonderful if they were to be noticed formally or informally by the British Legation here.

My public letter will shew the light in which the purchase of all Louisiana is viewed, and the manner in which it was thought proper to touch Mr. L., in complaining that the commn did not authorize the measure, notwithstanding the information given that he was negotg. for more than the East side of the Misst. The pecuniary arrangements are much disrelished, particularly by Mr Gallatin. The irredeemability of the stock which gives it a value above par, the preference of the creditors to the true object in the cash payment and the barring of a priority among them, are errors most regarded. The origin of the two last is easily understood. The claims of the different creditors rest on principles as different. . . .—Monroe MSS.

[1 ]

To James Monroe.

Washington Ocr. 10, 1803.

Dear Sir

Finding that Mr. Purveyance is within reach of a few lines, I add them to what he is already charged with, to observe that Yrujo has written another remonstrance agst. our acquisition of Louisiana, alledging as a further objection that France by not obtaining the stipulated acknowledgmets of the King of Etruria from the Courts of Petersburg & London had a defective title herself to the Cession. Nothing can be more absurd than these cavils on the part of Spain, unless it should be her using in support of them force agst. our taking possession. This she will scarcely attempt, if not backed by France, wch. we hope is impossible. I am writing on this subject to Livingston & Pinkney. I have already done so to Yrujo giving him to understand, that we shall not withhold any means that may be rendered necessary to secure our object. Pichon is perfectly well disposed, is offended with the Spanish Minister, & if left under the orders he now has, will cooperate zealously, with an honest view to the honor & obligations of his own Country. On our part I trust every thing that the crisis demands will be done, and that we shall speedily be in possession of the valuable object which the Treaty with France has gained for us. Baring is here, but having not yet called on me I have had no opportunity of paying him civilities or obtaining explanations from him. I wait anxiously for your next. Your last was of Aug. 15. I hope you have been favorably recd, and will bring the British Govt. more & more to understand their own interests as well as our rights. Insist on instructions to all their naval officers, to abstain from impressions & to respect our jurisdictional rights. Incidents are daily occurring which otherwise may overcome the calculating policy of the Present Executive, & provoke the public temper into an irresistible impetus on the public Councils. Mr K. says that if he cd have remained a little longer, the British Govt might possibly have been brought into a contract guarding agst this evil, but that the business is to be effected at that Court by the U. S. not so well by formal notes & official discussions as by the frankness & familiarity of explanatory & expostulatory observations in private discourse. I give you this in confidence, as a hint that may be useful. Mr. Purveyance had seized your wishes before I returned hither, & I did not know till this moment that he had not sailed. I write in great haste to secure the present mail, which is the only one that promises a conveyance by him. He will give you much public & all private information.—Mad. MSS.

[1 ]

TO BARBÉ MARBOIS.

Novr 4, 1803.

Sir

I recd your favor of the 21 prairial, with a pleasure which is redoubled by the consideration that I am able in acknowledging it, to inform you of the formal approbation of the late Treaty & conn. by every branch of our Govt. The event establishes, I hope forever, perfect harmony between the two Countries. It is the more likely to do so, as it is founded in a policy, coeval with their political relations, of removing as much as possible all sources of jealousy & collision. The frankness & uprightness which marked the progress of this transaction, are truly honorable to all concerned in it; and it is an agreeable circumstance, that, in the exchange of ratifications, it was closed in the same spirit of mutual confidence, Mr Pichon inferring, doubtless with the truest reason, that an unqualified exchange, under actual circumstances, would best accord with the real views of his Government.It remains now to compleat the work by an honest execution of the mutual stipulations. On our part the sequel will certainly correspond with the good faith & prompt arrangements thus far pursued; and full reliance is placed on the reciprocal disposition of your Govt of which so many proofs have been seen.

The interposition of Spain, is an incident not more unexpected, than it is unreasonable. It is to be wished, that it may terminate without any serious consequences, even to herself. Whatever turn it may take, the honour of the French Govt. guaranties the object at which our measures are pointed; & the interest of France will equally lie in making the fruits of these measures, hers, as well as ours.

I partake Sir in all the satisfaction which you feel at an event which awakens recollections both of a public & private nature, so agreeable to both of us; and I pray you to be assured that I observe with sincere pleasure, in the share you have contributed to it, those enlarged views and honorable principles, which confirm the high esteem & distinguished consideration with which I remain, Dr sir, your friend & Servt.—Mad. MSS.

TO JAMES MONROE.

Washington. Decr. 26 1803.

Dear Sir

I have recd I believe all your letters public and private down to that of October 22, written merely to say that all continued well. I have taken due care of the communications on the subject of your—. Everything seems to be well understood on this side the water. I cannot say more now as I write of necessity without cypher.

M. Merry has been with us some time. He appears to be an amiable man in private society, and a candid and agreeable one in public business. A foolish circumstance of etiquette has created some sensibility in Mrs Merry and perhaps himself; but they will find so uniform & sincere a disposition in all connected with the Govt to cultivate a cordial society with them, and to manifest every proper respect for their characters and station, that if any unfavorable impression has happened, it must be very transient. It would be unfortunate if it were otherwise, because a dissatisfaction of whatever sort, or however produced, might mingle itself with his general feelings, and, thro’ them, with the agency committed to him.

We have had several conversations both incidental & formal on the topics most interesting to the two Countries. I have taken pains to make him sensible of the tendency of certain proceedings on the British side, and of their injustice as well as impolicy. I communicated to him a few days ago, the intention of the President to explain our views fully to you on these topics, and to authorize you to negociate such conventional eclaircissements and arrangements as may put an end to every danger to which the harmony between the two Countries is now subjected. His ideas appeared to be moderate, & his disposition conciliatory. As he will doubtless communicate to his Govt. what passed us, I think it proper, in order to place you on a level of information, to observe briefly, that the plan will be to get rid of impressments altogether on the high seas, to define blockades & contraband according to the last Treaty between G. B. & Russia, to regulate visits & searches of our vessels, according to the Treaty of 1786 between G. B. and France, to put aside the doctrine, that a Colonial trade, not allowed in time of peace, is unlawful in time of war; and in return to agree to a mutual surrender of deserters from ships and from garrisons, and to a legislative provision agt exporting articles enumerated as contraband to places within the jurisdiction of an enemy. This will be the outline, excepting a few minor propositions. The subject is now before the Cabinet, and it will not be long before it will be forwarded to you in its details. It is much to be desired that something may be done to consolidate the good understanding between the two nations, and I really believe that there is nothing aimed at by us that is not for the true interest of both parties. I am not without hopes that Mr Merry sees the business in a good degree in the same light, and that his representations will co-operate with your reasonings on it. I am glad to learn that in Europe violations of our maritime rights are so much mitigated in comparison with the former war. It is a good omen. In the American seas, however the scene is very different, and I fear is growing worse & worse. Impressments and other outrages on our flag are multiplying, and the depredations, under pretext of blockades, are going on in rivalship with all the extravagances of the last war. I will send herewith if I can, certain documents, both as to impressments and blockades which will explain the justice of these remarks, and satisfy you, as they ought to do the British Govt that the friendship & patience of this country are put to a severe trial. A Bill has been brought in Congress with a view to some remedy. It proposes to forbid the use of our pilots, our ports, and our supplies & hospitalities to any ship of war which shall be proved & proclaimed to have impressed or otherwise insulted those on board our vessels. Whether it will be pursued into a law is uncertain; but if it should not, the forbearance will proceed merely from a hope that a remedy to the evil is contemplated by negotiations. The public mind is rising to a state of high sensibility, and no other consideration than such a hope would I am persuaded, suspend the effect of it on the Legislative Councils. It is to be wished that the introduction of the Bill may not be misconstrued into an unfriendly disposition towards G. Britain. I have every reason to believe that the supposed necessity of it is deeply regretted, and that a just accommodation of all differences with G. B. will give the most sincere and general satisfaction. Louisiana was delivered by the Spanish authorities at N. Orleans to Laussat, on the 30th of Novr. Our Comssrs, Claibourne & Wilkinson with their troops, were at Fort Adams on their way to receive the transfer to the U. States All difficulties therefore are at an end in that quarter. Nothing appears to have passed in relation to W. Florida, or the boundaries in general. It is understood that Spain does not include any territory E. of the Misspi except the island of N. O. in the idea of Louisiana. It will be an easy matter to take possession according to our idea. The mode alone can beget a question.

You omitted the bill of the Paris Silver Smith, referred to in your last.—Yrs. Monroe MSS.

[1 ]A copy of the above letter was also forwarded to Pinckney, excepting the postscript. Note in the original. The postscript related to the appointment of commissioners to liquidate claims under the convention of April 30, 1803.

[1 ]

TO JAMES MONROE.

Washington, Apl. 20, 1803.

Dear Sir

The affair between the President and J. Walker has had a happy ecclaircissement. Even this general communication is for your own bosom as already privy to the affair.

Mr. Coleman has sent a list of the furniture. It is some articles short of your list, & which contains a few we shall not want. They are not yet arrived here.—Mad. MSS.

[1 ]

To James Monroe.

Washington, July 30, 1803.

Dear Sir

[1 ]

TO BARBÉ MARBOIS.

Novr 4, 1803.

Sir

TO JAMES MONROE.

Washington. Decr. 26 1803.

Dear Sir

You omitted the bill of the Paris Silver Smith, referred to in your last.—Yrs. Monroe MSS.

[* ]Italics for cypher.

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1803 - TO CHARLES PINCKNEY. d. of s. mss. instr. - James Madison, The Writings, vol. 7 (1803-1807) [1908]

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TO CHARLES PINCKNEY.d. of s. mss. instr.

Sir,

TO CHARLES PINCKNEY.d. of s. mss. instr.

Sir,

TO ROBERT R. LIVINGSTON.d. of s. mss. instr.

Sir,

TO RUFUS KING.d. of s. mss. instr.

Sir,

TO ROBERT R. LIVINGSTON AND JAMES MONROE.d. of s. mss. instr.

Gentlemen,

Ist.

II.

III.

IV.

V.

VI.

VII.

OBSERVATIONS ON THE PLAN.

TO JAMES MONROE.d. of s. mss. instr.

Sir,

I have the honor to be, &c.

TO CHARLES PINCKNEY.d. of s. mss. instr.

Sir,

TO ROBERT R. LIVINGSTON AND JAMES MONROE.d. of s. mss. instr.

Gentlemen,

With sentiments of Great respect, &c.

TO ROBERT R. LIVINGSTON AND JAMES MONROEd. of s. mss. instr.

Gentlemen,

With sentiments of high respect, &c.

TO ROBERT R. LIVINGSTONd. of s. mss. instr.

Sir,

TO ROBERT R. LIVINGSTON AND JAMES MONROE.d. of s. mss. instr.

Gentlemen,

TO ROBERT R. LIVINGSTONd. of s. mss. instr.

Sir,

I have the honor, &c.

TO JAMES MONROE.d. of s. mss. instr.

Sir,

TO ROBERT R. LIVINGSTON AND JAMES MONROE.1d. of s. mss. instr.

Gentlemen,

With high respect, &c.

TO ROBERT R. LIVINGSTON.1d. of s. mss. instr.

Sir,

TO CHARLES PINCKNEY.d. of s. mss. instr.

Sir,

TO ROBERT R. LIVINGSTON.1d. of s. mss. instr.

Sir,

With high respect & consideration &c.

TO JAMES MONROE.

Dear Sir,—

(Extract of a letter from Albert Gallatin, Esqr., to J. Madison, Esqr.)

TO JAMES MONROE.

Dear Sir

To James Monroe.

Dear Sir

To James Monroe.

Dear Sir

TO BARBÉ MARBOIS.

Sir

TO JAMES MONROE.

Dear Sir

TO JAMES MONROE.

Dear Sir