University of Virginia Library

TO JOHN ARMSTRONG.

I herewith inclose an Act of Congress just passed on the
subject of the Commerce with St. Domingo. In prohibiting

the commerce in unarmed as well as armed vessels, the Act
goes beyond the obligation of the United States under the
law of nations; but the measure was deemed expedient for
the present and the eventual welfare of the United States.
And altho' it must be understood to have proceeded from
that consideration, and not from any rightful requisition
on the part of France, and still less from a manner of pressing
it, which might have justly had a contrary tendency, yet
as it cannot fail to be in itself grateful to the French Government,
it may perhaps furnish you with an auspicious
occasion for presenting anew the view of the subject committed
to your predecessor in a letter of the 31 Jany 1804,
from which an extract is inclosed. According to the information
received from Mr. Livingston, there was a time when
that view of the subject would have prevailed, but for the
exasperating effect produced by the armed and forced trade
carried on by American Citizens. A trade under certain
regulations in articles of subsistence on our side, and in the
productions of the Island on the other, seems to be so obviously
favorable to the true interests of France, that a dispassionate
reconsideration of such an arrangement may be reasonably
expected to recommend it to an enlightened Government.

The improper conduct of the Marquis D'Yrujo, the Spanish
Minister, in writing and publishing the papers herewith
inclosed, is communicated to you with a view that you may
correct any misstatements which may find their way to the
French Government. It is the more fit that you should be
acquainted with the case, as there is ground to believe that
pains will be taken by him to convey to that Government
an impression that the dislike to him here proceeds from his
vigilance and fidelity in counterworking objects of the United
States disagreeable to France as well as to Spain. Nothing
more can be necessary any where to excite the strongest disapprobation
of his proceedings than a fair statement of them.
The rudeness of his letters to the Department of State, and
his repeated appeals to the people against their Government,

with his attempt to seduce a punter[25] into a confederacy with
him in the project, would have justified, and with most other
Governments have produced a more rigorous treatment than
the moderation of this Government has inflicted. That you
may have the fuller view of his demerits, I add to the other
papers relating to him, an extract from the letter to our
Ministers at Madrid on the subject of his recall.

About three months ago Genl Miranda arrived in the
United States, coming last from England. Soon after his
arrival he made a visit to this City, where he was treated with
the civilities refused to no stranger having an ostensible title
to them. Whilst here he disclosed in very general terms his
purpose of instituting a revolution in a portion of Spanish
America, without adding any disclosure from which it could
be inferred that his project had the patronage or support of
any foreign power. His communication was merely listened
to, with an avowal at first on his part that nothing more was
expected. It became evident, however, that he had taken
into view the possibility of a rupture between the United
States and Spain, and that some positive encouragement
would have been peculiarly welcome to him. He was expressly
told that altho' the Government of the United States
were free to hear whatever he might chuse to impart to it,
yet that as they were in amity with Spain and neutral in the
war, nothing would be done in the least inconsistent with that
sincere and honorable regard to the rules imposed by their
situation, which they had uniformly preferred and observed;
and that if a hostile conduct towards Spain should at any
time be required by her conduct towards the United States,
it would take place not in an underhand and illicit way, but
in a way consistent with the laws of war, and becoming our
national character. He was reminded that it would be incumbent
on the United States to punish any transactions
within their jurisdiction which might according to the law
of nations involve an hostility against Spain, and that a

statute of Congress had made express provision for such a
case. This particular admonition was suggested by an apprehension
that he might endeavor to draw into his enterprize
individuals adapted for it, by their military experience
and personal circumstances. It was never suspected that
the enlistment of a military corps of any size would be thought
of. As to the exportation of arms on the occasion, the Act
of Congress of the last Session, was considered as both effectual
and going beyond the injunctions of the law of nations.
It was at the same time also suspected that a bill before
Congress prohibiting altogether the exportation of arms from
the United States, would have passed and been put in force,
before any shipment could have been made of those articles.

Under the effect of this explanation which he professed to
understand, and promised strictly to keep in view, he left
Washington for New York, the port at which he had arrived,
and lately intimations were received by the Executive from
private sources that an Armed ship belonging to an American
Citizen had been engaged by Genl Miranda for a secret expedition,
that cannon and other military stores, and even a
company of military recruits were on board with a presumed
destination to some part of Spanish America. Without
waiting for either evidence of the facts, which has not to this
day been received from any quarter, or even a representation
of them from Officers of the United States, and before a complaint
was received from any foreign Agent whatever, the
President gave immediate directions for instituting the legal
proceedings applicable to the case. A few days after this
step was taken, the occurrence became the subject of a diplomatic
correspondence, of which copies are inclosed, and which
carried with it, its own explanation. It is proposed to make
the last letter from 'Genl Turreau the subject of a friendly
conversation, in which he will be led to understand that
without denying his right to interpose as far as France may
have a common interest with Spain, it is deemed not only
most proper that he should not be a mere organ of d'Yrujo

with whom all direct communication has been closed, but
that in other respects it would be more agreeable to the United
States to view him in the relation of a common friendship to
them and to Spain, than as apparently taking side with
the latter.

Having thus put you in full possession of an incident which
may possibly have consequences interesting to France as well
as to Spain, you will be able to guard the reputation and
responsibility of the United States against any perverted
views of what has passed, into which attempts may be made
to mislead the French Government.

To the documents inclosed on the preceding subjects, I add
others which will make you acquainted with the recent occurrences
and present state of things at New Orleans. Your
own judgment will suggest any use which it may become
proper to make of the information.