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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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TO ROBERT R. LIVINGSTON.

D. OF S. MSS. INSTR.
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


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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,


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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 IIth 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


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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.[3]

 
[3]

TO JAMES MONROE.

Dear Sir You will receive with this all the communications claimed
by the actual & eventual posture of our affairs in the hands of yourself
& M.r 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[4] 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 Matches. 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 & M.r 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 Gen1 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.

 
[4]

Italics for cypher.