University of Virginia Library

TO JOHN ARMSTRONG AND JAMES BOWDOIN.[24]

I have duly received from time to time your several letters
bearing dates 3 July 10 & 15 Augt 10 Sept 3 & 25 Oct & 26
Nov.

Previous to the arrival of Mr. Skipwith with your dispatches
of Sept. 10th our affairs with Spain had undergone the particular
consideration of the President; with a reference as
well to the change in the state of things in Europe, as to the
approaching Session of Congress; and it had been determined
that the manner in which the negotiations at Madrid had
been closed by Spain, forbade any application whatever to
her for a renewal of them; 2d that the case should be presented
to Congress for such provisions as it might be thought
to require on their part; 3d That in the mean time you should
be charged to place before the French Government, the
necessity to which Spain by refusing to concur in a diplomatic
adjustment of her controversies with the United States,
had reduced the latter of seeking justice by those ulterior
measures which the occasion called for. It had also been
determined by the President, that with a view to enable the
French Government, if it should be so disposed, to hasten
by its mediating influence on Spain the change in her Councils
necessary to an amicable adjustment with the United States,
and to bring Spain forward for the purpose, that you should
be furnished with the terms which Spain might obtain from
the U States.

On the receipt of your communications by Mr. Skipwith
the ideas disclosed by the French Government were considered
as forming a sufficient basis for an anticipating provision
by Congress, such as was made in reference to the
Convention of the 30 April 1803, and it was accordingly determined
in pursuance of that example to await the meeting
of Congress and lay the subject before them. This was done,
and the Act and Resolutions of which copies are inclosed
were the result of their discussions; a result which has been
delayed by the forms of proceeding, and some variances
of opinion on the occasion longer than might have been
wished.

I now inclose the outline and substance of a Conventional
arrangement adapted to the views expressed by Congress,
and such as the President authorizes you to conclude. You
will lose no time in imparting it to the French Government in
the manner you may deem most expedient; letting it know,
at the same time that no direct communication on the subject
has been made to the Spanish Government; that after the
reception given by Spain to the overtures made thro' an
Extraordinary Mission to Madrid, followed by her Military
and menacing indications within and near the controverted
territories as explained in the annexed extracts, the United
States tho' ready to meet Spain in negotiation under; the
auspices of a common friend do not consider it belonging to
them to Court a further negotiation in any form; that consequently
the steps necessary on the part of Spain must be
the result either of her own reflections or of the prudent
counsel which France may undertake to give her.

The President leaves to your own management the expression
of those sentiments, which without any improper
condescensions on the part of the United States will best
conciliate the French Government to our objects. The
ascendency which it will have over that of Spain, if no change
of circumstances intervene, and the preference of an Amicable
termination of our differences with Spain, to an appeal to

force, require that every honorable use should be made of
the occasion which seems to offer itself.

Should the Emperor still be absent, without authority in
any hands at Paris to take measures in concert with you for
instituting the business, it must remain with you to decide
according to the probable course of his movements on the
most expedient and expeditious mode of holding the necessary
communications with his Cabinet. Rather than risque a
delay which may lose a favorable crisis, it may be even
desirable to repair to his military quarters. This is a step,
however, to which there may be so many objections, that it
will require very strong considerations to recommend it.

As soon as any authority at Paris shall be ready on the part
of Spain, you will enter on the subject and press it to a conclusion
with as much celerity and decision as circumstances
will justify. The terms stated as your guide require little
explanation more than accompanies the several articles.
The object with the United States is to secure West Florida
which is essential to their interests and to obtain East Florida
which is important to them; procuring at the same time
equitable indemnities from Spain for the injuries for which
she is answerable; to all which the proposed exchange of territory
and arrangement of the Western boundary may be made
subservient. The desire manifested by the House of Representatives
in the Resolution herewith inclosed that such an
exchange and arrangement may be found sufficient, without
any price in money, will engage all your attention and exertions.
If the exchange stated in the Resolution, with the
Sabine River for our Western boundary below the ridge dividing
the Waters running into the Mississippi from those
running into the gulph Westward of the mouth of that river
can be obtained, the exchange will be satisfactory, especially
if accompanied with a reasonable provision for the indemnities
due from Spain to Citizens of the United States. If
the exchange can be obtained even without this last provision
or without, including the territory Eastward of the Perdido,

or any pecuniary payment for the territory Westward thereof,
it is not to be rejected; but in that case it will be extremely
desirable to make the authorized establishment of an interval
of territory not to be settled for a given period, subservient
to a provision for indemnities.

In order to determine the price and the payments to Spain
for the Cession of Territory, and to provide indemnities for
the Spoliations and other injuries for which Spain is responsible,
you will add to the preceding articles, others proper
on those subjects. For the several modifications which will
best comport with the conveniency of our Treasury and the
sentiments of the Secretary of that Department, I refer to
copies of a letter and paper from him herewith inclosed;
stating to you generally for your guide 1st That the sum
to be made payable to Spain for the Cession is not to exceed
[OMITTED] millions of dollars. 2d That as little as possible,
and in no event more than two millions are to be paid prior
to the delivery of possession or the ratification. 3d That
as ample a provision as possible be made for indemnities
either by constituting a Board of Commissioners for settling
them or by a sum in gross sufficient to cover their probable
amount which is not less than four millions of dollars, and
distributable by the United States to such claimants and in
such proportions as may be decided under their authority.
This last mode of providing for the object will be much the
best, if the sum in gross be equal to the amount of claims
likely to be allowed by a Board of Commissioners. 4th It
is particularly desirable that in defining the cases to be indemnified
the terms should be such as will embrace those
where French subjects or Citizens, as well as those where
Spanish subjects were the wrong doers. If a sum in gross
be stipulated, it may be expected that Spain will not object
to a definition which will authorize the U. States to apply it
to both cases, especially if terms be chosen which will not
expressly designate the contested French cases. 5 In
defining the cases it will be proper to have in view those of

any description which exist, more particularly depredations
on the high seas, and unjust or unlawful injuries within the
Spanish jurisdiction whether in old Spain or her Colonies;
in a word all injurious Acts either to the United States or
to their Citizens, for which the Spanish nation is responsible
according to the principles of justice, equity, treaty or the
law of nations.