University of Virginia Library

TO ROBERT R. LIVINGSTON.[11]

The two last letters received from you bear date on the
and 30th of September, so that we have been now four months
without hearing from you. The last from me to you was

dated on the 16th day of January, giving you information
of the transfer of Louisiana on the 20th of December by the
French Commissioner Mr. Laussat to Governor Claiborne and
General Wilkinson, the Commissioners appointed on the
part of the United States to receive it. The letters subsequent
to that date from Governor Claiborne who is charged with the
present administration of the ceded territory shew that the
occupancy by our troops of the military posts on the Island
of New Orleans and on the Western side of the Mississippi
was in progression, and that the state of things in other
respects was such as was to be expected from the predisposition
of the bulk of the inhabitants and the manifest advantages
to which they have become entitled as citizens of the United
States. A bill providing for the Government of the territory
has been some time under the deliberation of the Senate, but
has not yet passed to the other branch of the Legislature.
The enclosed copy shews the form in which it was introduced.
Some alterations have already been made and others may be
presumed. The precise form in which it will pass cannot
therefore be foreknown; and the less so as the peculiarities
and difficulties of the case give rise to more than the ordinary
differences of opinion. It is pretty certain that the provisions
generally contemplated will leave the people of that District
for a while without the organization of power dictated by the
Republican theory; but it is evident that a sudden transition
to a condition so much in contrast with that in which their
ideas and habits have been formed, would be as unacceptable
and as little beneficial to them as it would be difficult for the
Government of the United States. It may fairly be expected
that every blessing of liberty will be extended to them as
fast as they shall be prepared and disposed to receive it. In
the mean time the mild spirit in which the powers derived
from the Government of the United States will under its superintendence
be administered, the parental interest which
it takes in the happiness of those adopted into the general
family, and a scrupulous regard to the spirit and tenor of
the Treaty of Cession, promise a continuance of that satisfaction
among the people of Louisiana which has thus far
shewn itself. These observations are made that you may be
the better enabled to give to the French Government the explanations
and assurances due to its solicitude in behalf of a
people whose destiny it has committed to the justice, the
honor and the policy of the United States.

It does not appear that in the delivery of the Province
by the Spanish authorities to Mr. Laussat any thing passed
denoting its limits either to the East, the West or the North;
nor was any step taken by Mr. Laussat, either whilst the province
was in his hands or at the time of his transferring it
to ours, calculated to dispossess Spain of any part of the

territory East of the Mississippi. On the contrary in a
private conference he stated positively that no part of the
Floridas was included in the Eastern boundary; France having
strenuously insisted to have it extended to the Mobille, which
was peremptorily refused by Spain.

We learn from Mr. Pinckney that the Spanish Government
holds the same language to him. To the declaration of Mr.
Laussat however we can oppose that of the French Minister
made to you, that Louisiana extended to the River Perdido;
and to the Spanish Government as well as to that of France
we can oppose the Treaties of St. Ildefonso, and of September
30, 1803, interpreted by facts and fair inferences. The question
with Spain, will enter into the proceedings of Mr. Monroe,
on his arrival at Madrid, whither he will be instructed to repair,
as soon as he shall have executed at London, the instructions
lately transmitted to him in relation to the impressment of
seamen from American vessels, and several other points which
call for just and stipulated arrangements between the two
countries. As the question relates to the French Government,
the President relies on your prudence and attention for availing
yourself of the admission by Mr. Marbois, that Louisiana
extended to the River Perdido, and for keeping the weight of
that Government in our scale, against that of Spain. With
respect to the Western extent of Louisiana, Mr. Laussat held
a language more satisfactory. He considered the Rio Bravo
or Del Norde as far as the 30° of North latitude, as its true
boundary on that side. The Northern boundary we have
reason to believe was settled between France and Great Britain
by Commissioners appointed under the Treaty of Utrecht,
who separated the British and French territories west of the
Lake of the Woods by the 49° of Latitude. In support of
our just claims in all these cases, it is proper that no time
should be lost in collecting the best proofs which can be
obtained. This important object, has already been recommended
generally to your attention. It is particularly desirable
that you should procure an authenticated copy of the

commercial charter granted by Louis XIV to Crozat in 1712,
which gives an outline to Louisiana favorable to our claims,
at the same time that it is an evidence of the highest and most
unexceptionable authority. A copy of this charter is annexed
to the English translation of Joutel's Journal of La Salle's
last voyage, the French original not containing it. A record
of the charter doubtless exists in the archives of the French
Government, and it may be expected that an attested copy
will not be refused to you. It is not improbable that the
charter or other documents relating to the Mississippi project
a few years after, may afford some light and be attainable
from the same source. The proceedings of the Commissioners
under the treaty of Utrecht, will merit particular research;
as they promise not only a favorable Northern boundary, but
as they will decide an important question involved in a convention
of limits now depending between the United States
and Great Britain. To those may be added whatever other
documents may occur to your recollection or research, including
maps &c. If the secret Treaty of Paris in 1762–3 between
France and Spain, and an entire copy of that of St. Ildefonso
in 1800 can be obtained, they may also be useful. An authentication
of the precise date at least of the former, is very
important. You will be sensible of the propriety of putting
Mr. Monroe in possession of all the proofs and information
which you may obtain. Should he take Paris in his way to
Madrid, you will have the best of opportunities for the
purpose.  .  .  .[12]