University of Virginia Library

TO ROBERT R. LIVINGSTON.[149]

My last of which a duplicate is now sent, was of the twenty-sixth
day of March. I have since received yours not then
acknowledged including the Dispatch of Feby 26 which came
to hand two days ago.

The conduct of the French Government in paying so little
attention to its obligations under the Treaty, in neglecting its
debts to our citizens, in giving no answers to your complaints
and expostulations, which you say is the case with those of
other foreign Ministers also, and particularly in its reserve
as to Louisiana, which tactily contradicted the language first
held to you by the Minister of Foreign Relations, gives tokens
as little auspicious to the true interests of France herself, as
to the Rights and the just objects of the United States. We
have the better ground to complain of this conduct, as it is
so much at variance with the example given by the Government
here. The appropriation was no sooner carried thro'
the Legislative forms, than the settlement of French claims
under the Treaty commenced; and with the advantage of
every facility that could be afforded on our part in ascertaining
them; and as Mr Pichon was authorized to receive those due
to individuals not applying, the whole amount has been already
discharged, excepting in a very few cases which may require
further examination. The claims were liquidated according

to the nett proceeds of the sales, as heretofore intimated to
you, altho' it is still believed that restitution according to the
gross amount or value at the time of capture, not only would
be more favorable to the United States but more in itself.
The payment to Mr Pichon without a special Power from the
claimants was by no means the choice of the President, but
was so much pressed, as a test of the disposition of this Country
towards the French Republic at a critical moment, that it
could not be properly refused. The sum received by him is
$140,841.25 Cents. That paid to individuals is $74,667.41.

It is proper to observe to you that in all cases where sales
were made by the American Captors prior to the date of the
Convention, without the trial and condemnation requisite,
we have admitted the title to restitution without regarding the
lapse of time between the capture and the Convention, or
making a question how far cases of that description were
within the contemplation of the instrument. You will of
course avail yourself of this proceeding on the part of the
United States to enforce a correspondent rule in their favour,
in case a different one should be contended for by the French
Government. You will not fail to insist also, if occasion should
require that in cases where the time allowed for appeals, had
not run out at the date of the Convention, it could not be
necessary for the claimants afterwards to enter appeals.
The Convention by recognizing all claims not barred by final
condemnation at its date, evidently rescued them from all
further subjection to judicial investigation.

The Cession of Louisiana to France becomes daily more
and more a source of painful apprehensions. Notwithstanding
the Treaty of March 1801, and notwithstanding the general
belief in France on the subject, and the accounts from St.
Domingo that part of the armament sent to that island were
eventually destined for Louisiana, a hope was still drawn from
your early conversations with Mr. Talleyrand that the French
Government did not mean to pursue the object. Since the
receipt of your last communication, no hope remains but from

the accumulating difficulties of going thro' with the undertaking,
and from the conviction you may be able to impress
that it must have an instant and powerful effect in changing
the relations between France and the United States. The
change is obvious, and the more it can be developed in candid
and friendly appeals to the reflections of the French Government,
the more it will urge it to revise and abandon the project.
A mere neighbourhood could not be friendly to the harmony
which both countries have so much an interest in cherishing
but if a possession of the mouth of the Mississippi is to be
added to other causes of discord, the worst events are to be
apprehended. You will consequently spare no efforts that
will consist with prudence and dignity, to lead the Councils
of France to proper views of this subject, and to an abandonment
of her present purpose. You will also pursue by
prudent means the enquiry into the extent of the Cession,
particularly whether it includes the Floridas as well as New
Orleans; and endeavour to ascertain the price at which these,
if included in the Cession, would be yielded to the United
States. I cannot in the present state of things be more
particular on this head, than to observe that in every view it
would be a most precious acquisition, and that as far as the
terms could be satisfied by charging on the acquisition itself,
the restitutions, and other debts to american Citizens, great
liberality would doubtless be indulged by this Government.
The President wishes you to devote every attention to this
object, and to be frequent and particular in your communications
relating to it.

According to the latest accounts from St Domingo the
French troops had been considerably successful in dispersing
the Blacks, but it is uncertain how long the War there may
be protracted by the irregular enterprizes of the latter, and
by the advantages they derive from the climate. You will
have found from the Newspapers, that much irritation and
perplexity were the consequence of all conduct on the part
of the French Commander, on his arrival, met as we learn from

Mr Lear, by a conduct not less blameable on the part of the
Americans trading there. To the other errors of General Le
Clerc he has lately revoked the permission given to Mr Lear
to exercise the functions of Commercial Agent, alleging for
a reason that he had no authority for granting the permission,
and had inconsiderately taken the step in the hurry of his arrival.
He acknowledged at the same time, that he had been
led to consider Mr. Lear as rendered justly obnoxious to him
by throwing discredit on his Bills, and promoting irritations
between the French and the Americans. In this view of
Mr. Lears conduct Le Clerc must have been grossly misled
by calumnies and intrigues, for the conduct of Mr. Lear has
been in every respect highly meritorious, for the prudence,
the moderation, the candor and conciliatory tone of it. Of
this Le Clerc may be expected to be by degrees satisfied, as
Mr. Pichon already is; and so far the evil may be mitigated;
but with various other circumstances connected with the
transactions at St Domingo, it has been unfavourable to the
kind sensations which it has been our endeavour to cherish.
You will remark also in the Newspapers that the idea of a
visit from the French fleet, and of pecuniary succours from
the Government of the United States, has excited not a little
sensibility in some quarters of the Union. It was at one time
the purpose of Admiral Vellaret to come to this Country with
part of his fleet, and as it was feared that he would come
without money or credit to obtain supplies for even the first
wants, it was anticipated that applications would be made for
a Loan in some form or other from the Government of the
United States. The fleet however has not arrived and is
understood not to be coming, and no application has in fact
been made for pecuniary facilities, other than that of purchasing
for purposes of the United States in Europe, bills drawn
on the French Government; which application was rejected
for reasons sufficiently obvious. It is now said that the Batavian
part of the fleet is destined to the Chesepeake and will
probably arrive in a few days.

Congress will probably adjourn on Monday. For an account
of their proceedings and other domestic occurrences,
I refer you to the printed papers herewith sent.

With sentiments of great respect &c. &c.

P. S. I have communicated to the President your wish to
make a visit to England, and have the pleasure to inform you
of his consent. He leaves the time and duration of your
absence to your own judgment, assuring himself that both will
be [in] due subordination to the important duties of your
station.