University of Virginia Library

TO CHARLES PINCKNEY.

My last was of the 5th of February, and 27th of March.
I have as yet received no letter from you since your arrival
at Madrid. By one from Col° Humphreys, written a few days
after it took place, we learn that you were then confined by
indisposition, and had not presented your credentials. We
are anxious to hear from you on the several subjects with
which you have been charged; particularly on that of Louisiana.
By a Treaty entered into between Spain and France in
March 1801, and lately published in the Paris newspapers, it
appears that in an antecedent treaty, the cession of that
Country had been stipulated by Spain. Still it is possible that
the cession may have been since annulled; and that such was,
or was to be the case, has been stated in verbal accounts from
Madrid. At Paris, Mr. Livingston has been given to understand
by the French Government, that the Cession had never
been more than a subject of conversation between the two
governments. No information however, has been received
from him subsequent to the publication of the Treaty of
March 1801, which must have led to some more decisive
explanations.

The copies herewith inclosed, of a memorial of sundry inhabitants
living on Waters running from the United States
thro' Florida into the Gulph of Mexico, and of a letter from
the late Mr Hunter representative in Congress of the Mississippi

Territory, will present to your attention a subject of
some importance at this time, and of very great importance
in a future view. The Treaty with Spain having as these
documents observe, omitted to provide for the use of the
Mobille, Catahoochee and other rivers running from our territory
through that of Spain, by the citizens of the United States
in like manner with the use of the Mississippi, it will be proper
to make early efforts to supply the defect. Should a Cession,
indeed, including the Spanish Territory Eastward of the Mississippi
have finally taken place, it can answer no purpose to
seek from the Spanish Government, this supplemental arrangement.
On the contrary supposition, you will avail yourself of
the most favourable moment and manner of calling its attention
to the object. In support of our claim you will be able
to use the arguments which inforced that to the navigation of
the Mississippi. If it should be observed, that a greater proportion
of these rivers, than of the Mississippi, run thro' the
exclusive territory of Spain, it may be a set off, that the upper
parts of the rivers run exclusively thro' the territory of the
United States, and do not merely divide it, like the Mississippi
from that of Spain. But neither the one nor the other circumstance
can essentially affect our natural rights. Should the
Spanish Government be favourably disposed, it will be proper
for you to pave the way for a formal convention on the subject,
endeavouring to obtain in the mean time, such regulations
from its authority, and such instructions to its officers as will
answer the purposes of our citizens. Among other hardships
of which they now complain, and for which a regulation
is particularly wanted, one I understand is, that the article
cotton, which is acquiring rapid importance in that quarter,
must, after it has been conveyed to Mobille, be shipped to
New Orleans and pay a duty of about 12 1/2 p Cent before it
can be exported.

The copies of a letter from E. J. Berry and of another from
E. Jones herewith also inclosed, present another subject which
will claim your attention. This is not the only complaint that

has been received, of abuses relating to the effects of Americans
deceased within the Spanish jurisdiction on the Mississippi.
It seems so reasonable and necessary that the Consul residing
there, or persons deriving authority from the deceased owner,
should be allowed to take charge of such effects, that it is
hoped a regulation for that purpose may be obtained from
the justice and liberality of the Spanish Government.* * *