University of Virginia Library

TO ROBERT R. LIVINGSTON.[7]

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 2 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 alsc
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 Tieaty 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.