University of Virginia Library

Observations.

The first form of the first Article (paragraph 1) is preferred
because it explicitly recognizes the right of the United States
under the Treaty of St Ildefonso and of April 30, 1803, to
the river Perdido, which is constructively provided for only,
in the second form. It is indispensable that the United
States be not precluded from such a construction; first because

they consider the right as well founded; secondly and principally,
because it is known that a great proportion of the most
valuable lands between the Mississippi and the Perdido have
been granted by Spanish Officers since the cession was made
by Spain. These illicit speculations cannot otherwise be frustrated
than by considering the Territory as included in the
cession made by Spain, and thereby making void all Spanish
grants of subsequent date. It is represented that these grants
have been extended not only to citizens of the United States
but to others, whose interest now lies in supporting the claim
of Spain to that part of Louisiana in opposition to that of the
United States. It is conjectured that Mr. Laussat himself
has entered into the speculations, and that he felt their influence
in the declaration made confidentially to our Commissioners
at New Orleans, that no part of West Florida was
included in Louisiana.

In supporting the extent of Louisiana to the Perdido, you
will find materals for your use in the extract above referred
to and the other documents annexed; to which you will add
the result of your own reflections and researches. The secret
Treaty between France and Spain ceding Louisiana West of the
Mississippi to Spain and which has never been printed may
doubtless be obtained at Paris if not at Madrid, and may be of
use in the discussion. From the references in the French
orders of 1764 for the delivery of the Province, it is presumed
to be among the archives of New Orleans and Governor
Claiborne has been requested to send a copy of it; but it may
not be received in time to be forwarded for your use. In an
English work "The Life of Chatham" printed in 1793 for I. S.
Gordon, London No. 166 Fleet street, I find a memorial
referred to but not there printed with the other negotiations
preceding the peace of 1762–3 expressly on the subject of the
limits of Louisiana; and as sufficiently appears, with a view
to give the province its extent to the Perdido. You will
perhaps be able to procure in London or Paris a sight of this
document. It probably contains most of the proofs applicable

to the question; and will be the more important; as
proceeding from France it will strengthen our lien on her
seconding our construction of the Treaty. The memorial will
be the more important still if it should be found to trace the
Western limits also of Louisiana, and to give it a corresponding
extent on that side. In page 416 & seq of Vol 1 you will see
that fact established that the Floridas including the French
part were ceded to Great Britain as the price for the restoration
of Cuba, and that consequently the French part now
claimed by the United States was a cession purely for the
benefit of Spain.

The reasons, beyond the advantages held out in the arrangement
itself, which may be addressed to Spain, as prompting
a cession of her remaining territory Eastward of the Perdido,
will be found in the remarks on the extract aforesaid in the
instructions to Mr. Pinckney and yourself of the 17th day of
February last, and in those which have from time to time been
given to Mr. Pinckney. The Spanish Government cannot but
be sensible that the expence of retaining any part of that
Territory must now more than ever exceed any returns of
profit; that being now more than ever indefensible, it must
the more invite hostile expeditions against it from European
enemies, and that whilst in her hands, it must be a constant
menace to harmony with the United States.

The arrangement proposed in Art. II supposes that Louisiana
has a very great extent Westwardly and that the policy of
Spain will set much value on an interval of Desert between her
settlements and those of the United States.

In one of the papers now transmitted you will see the
grounds on which our claim may be extended even to Rio
Bravo. By whatever river emptying into the gulph Eastward
of that, Spain may with any plausibility commence the
Western boundary of Louisiana, or however continue it thence
to its Northern limit, she cannot view the arrangement in any
other light than that of a concession on the part of the United
States to be balanced by an equivalent concession on her part.

The limit to the interval on our side is to be considered as the
ultimatum, and consequently not to be yielded without due
efforts to fix a limit more distant from the Mississippi. It is
highly important also, or rather indispensable, that the limit
on the Spanish side should not be varied in any manner that
will open for Spanish occupancy any part of the waters connected
with the Missouri or Mississippi. The range of high
lands separating these waters from those of the Rio Bravo
and other waters running Westward presents itself so naturally
for the occasion, that you will be able to press it with
peculiar force.

To enable you the better to understand the delineations
contained in this Article and any others which may be brought
into discussion, I forward herewith copies of two Maps and
refer you to others, viz—that of Danville which you will find
either in London or Paris and if no where else in Postlewaits
Dictionary, and a Map by Mr. [OMITTED] in 1768 referred to
in one of those forwarded. The latter you will doubtless be
able to procure at Madrid. The blank for the term of years
is not to be filled with more than [OMITTED] years nor with that
number if a shorter term can be substituted.

The IV and V Articles relate to claims against Spain not
provided for by the Convention already entered into and the
payment to be assumed by the United States. For the reasoning
in support of the claims founded on wrongs proceeding
from other than Spanish subjects, I refer you to the letters
and instructions of Mr. Pinckney. Your communications
with him will also furnish the grounds on which the claims
resulting from injuries done to our citizens in the Spanish
Colonies are to be maintained. The reasonableness of a
residuary provision for all just claims, is implied by the concurrence
of Spain in establishing a Board of Commissioners
for the cases already submitted to it.

You will not fail to urge on the Spanish Government the
VI Article of the Treaty of 1795 as particularly applicable
to cases where other than Spanish subjects have committed

spoliations on our vessels and effects within the extent of
Spanish jurisdiction by sea or by land. To justice and the
law of nations, this adds the force of a positive stipulation
which cannot be repelled without proving what cannot be
proved, that the Spanish Government used all the means
in its power to protect and defend the rights of our citizens;
and which cannot be resisted without pleading what self
respect ought not to permit to be pleaded, that the sovereignty
of His Catholic Majesty was under duress from a foreign power
within his own dominions.

The sum of money to be paid by the United States is in
no event to exced [OMITTED] dollars in cash at the Treasury of
the United States not in public stock; and is to be applied
towards the discharge of awards to our citizens and it is hoped
that a much smaller sum will be found sufficient.

If Spain should inflexibly refuse to cede the territory
Eastward of the Perdido, no money is to be stipulated. If
she should refuse also to relinquish the territory Westward of
that river no arrangement is to be made with respect to the
Territory Westward of the Mississippi, and you will limit
your negotiations to the claim of redress for the cases of spoliation
above described.

If Spain should yield on the subject of the Territory Westward
of the Perdido and particularly if a comprehensive
provision for the claims should be combined therewith, you
may admit an arrangement Westward of the Mississippi on the
principle of that proposed, with modifications however if
attainable varying the degree of concession on the part of the
United States according to the degree in which Spain may
concur in a satisfactory provision for the cases of the territory
westwards of the Perdido, and of the claims of indemnification.

The United States having sustained a very extensive tho'
indefinite loss by the unlawful suspension of their right of
deposit at New Orleans, and the Spanish Government having
admitted the injury, by restoring the deposit it will be fair
to avail yourself of this claim in your negotiations, and to let

Spain understand that if no accommodation should result from
them it will remain in force against her.

The term of years during which the interval between the
settlements of the United States and of Spain, are to be prohibited,
is a consideration of great importance. A term which
may appear a moment to a nation stationary or slowly advancing
in its population will appear an age to a people
doubling its population in little more than 20 years, and consequently
capable in that time of covering with an equal settlement
double the territory actually settled. This reflection
will suggest the expediency of abridging the continuance of
the prohibition as much as the main objects in view will
permit. [OMITTED] years are a limit not to be exceeded. Fifteen
or even ten, if the space between the Mississippi and the
interval territory be not enlarged, seem to be as much as
Spain can reasonably expect. She cannot but be sensible,
and you will make use of the idea, if you find it prudent so to
do, that before a very long term will elapse, the pressure of our
growing population with events which time does not fail to
produce, but are not foreseen will supersede any arrangements
which may now be stipulated, and consequently that it will be
most prudent to limit them to a period susceptible of some
certain calculations.

No final cession is to be made to Spain of any part of the
Territory on this side of the Rio Bravo; but in the event of
a cession to the United States of the Territory East of the
Perdido and in that event in case of absolute necessity only,
and to an extent that will not deprive the United States of any
of the waters running into the Missouri or Mississippi, or of
the other waters emptying into the Gulph of Mexico between
the Mississippi and the river Colorado emptying into the Bay
of St Bernard.

No guarantee of the Spanish possessions is to be admissible.
This letter is intended for Mr. Pinckney as well as yourself,
and as containing the instructions by which the execution of
your joint commission is to be guided.

April 18—The President being absent, and it being most
proper to wait his return which may be shortly expected,
before any final instructions be given as to your immediate
destination, after closing your mission to Spain, I
recommend that you do not actually leave London until you
hear again from me. The moment the President arrives I will
communicate to you his views by multiplied conveyances,
that you may receive them with as little delay as possible.
In the meantime you will make such preparations as will
enable you to come directly from Spain to the United
States, in case a call for your services on this side of the
Atlantic should lead him to that decision, instead of your
return to London.