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Subject Area: Political Theory
Topic: The American Revolution and Constitution

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

Edition used:

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.

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

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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

[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, 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.

[* ]Italics for cypher.