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The writings of James Madison,

comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed.
  
  
  
  
  

  
  
  
  
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TO ROBERT R. LIVINGSTON.
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Page 75

TO ROBERT R. LIVINGSTON.[8]

D. OF S. MSS. INSTR.
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,


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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

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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


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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.[9]

With high respect & consideration &c.
 
[8]

TO BARBÉ MARBOIS.

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.

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.

[9]

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.