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The writings of James Madison,

comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed.
 
 
 
 
 

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TO ROBERT R. LIVINGSTON
 
 


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Page 456

TO ROBERT R. LIVINGSTON

D. OF S. MSS. INSTR.
Sir,

I have lately been furnished by Captains Rogers and
Davidson, with the respective narratives of the outrageous
treatment which they suffered from the French administration
at St. Domingo. These documents are now forwarded to you,
and will enable you to press the subject on the French Government
with the advantage to be derived from an accurate
knowledge of its details. The insulting cruelties practised
on these respectable citizens, and the absurd pretexts for them
alleged by the General in Chief, have produced irritations
and disgusts in this country which the French Government
will not disregard, if it sincerely means, as we are willing to
believe it does, to concur with the Government of the United
States in "consolidating the friendship between the two nations,
by the exercise of reciprocal justice and respect. We trust
that your claims of satisfaction in this case, will meet with the
most candid and ready attention; and that besides the
reparation of losses in property, which as they relate to Davidson,
are stated at 1196 dollars, such animadversions will fall
on the guilty as will heal as far as possible, the personal
indignities offered to the American citizens.

The affinity subsisting between General Le Clerc, and the
Chief Consul, has probably emboldened the former to overleap
the barriers which his duty opposed to his power; and
may be now much relied on by him as an asylum against
the consequences due to his excesses. This supposition is
strengthened by the resentment he has expressed at the
interposition and expostulations of Mr. Pichon, with whom
he will no longer communicate, and whose letters he has
transmitted with a complaint to the French Government. A
copy of this letter is herewith sent to you.

On another hand it would seem that he is anxious to exculpate
himself in the eyes of his own government, or to divert
its attention from his own misconduct, to causes of resentment


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which he is imputing to the United States, With the first
view an attempt was lately made at Cape Francois to engage
the Americans there to sign a paper certifying that General
Le Clerc had in no instance given just ground of dissatisfaction.
Not a name I am told could be obtained.

To the other view viz, of diverting resentment from himself
may be ascribed 1 the loud complaints with which he is
said to dwell on the freedom of the American presses, in reproaching
French transactions, and particularly his own, 2 his
charge against this country of supplying or attempting to
supply the party of Toussaint with the implements of War, 3
The suggestion of a covert acknowledgement of Toussaint's
usurped authority, now observed in the form of the Commission
given to the Commercial Agents of the United States,
last sent to St. Domingo.

It will not be difficult to reply to these charges if they should
shew themselves in your communications with the French
Government. The presses and even the parliamentary debates
in G. Britain, since the definitive Treaty of peace, use
as unrestrained and offensive a language, as the Newspapers
of the United States. It cannot be unknown that our presses
are not under the regulation of the Government, which is
itself constantly experiencing, more or less of their abuse; and
that besides the ordinary excesses to which all free presses are
liable from the passions or indiscretions of citizens, those of
the United States may for obvious reasons, be easily made the
vehicle of insidious publications by persons among us who are
not citizens, and who would gladly kindle animosities between
France and the United States. It is a fact, that some of the
most offensive accounts which have been printed, of the
proceedings in St. Domingo, are now known to have been
written from the spot, by British subjects, not by American
citizens.

With respect to supplies of Military articles to the party of
Toussaint, the answer is obvious, and must be satisfactory.

Without admitting the fact that any such articles were at any


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time so supplied, it may be observed, that the French Government
can have no desire to occur to the past periods as of
present dispositions, and that it is the duty and the intent
of both countries not to remove the veil which the reconciliation
so happily concluded, has thrown over preceding occurs
rences. The conduct of the American administration since
that event, can not be even suspected of the slightest irregularity
or unfriendliness on this subject; nor as is believed,
has a single instance happened since the arrival of the French
armament, and the regulations by Genl. Le Clerc adapted to
the revolt which ensued, in which an American citizen has
engaged in commerce of any sort with Toissant or his adherents.
The precautions taken by the French commanders
were a sufficient bar to such an attempt; and had it been
otherwise, it was explicitly declared to the French Minister
here, and to Admiral Villaret, as you will hae seen by communications
already made to you, that our offending citizens
would be considered by the President as fairly subjected to
the penalties of their illegal conduct.

As to the complaint against the form of the Commissions
given to Mr. Lear and the other Agents in St. Domingo, of
which a copy is herewith included, it is proper to observe that
when Mr. Lear presented his to Genl. Le Clerc, no objection
or criticism was made. The first objection accompanied the
order of departure given about the beginning of Juen to Mr.
Caldwell the Commercial Agent at St. Domingo by the Officer
commanding the Spanish part of the Island. From the
language used on the occasion, which violated decorum not
less than truth, and from other circumstances, it is inferred
that the cavil was not made without the authority of Genl. Le
Clerc, and consequently that it will enter into the complaints
which he may find it convenient to present to his Government
against that of the United States. On this subject observations
of great force might be drawn from the very peculiar
situation in which St. Domingo seemed to be left by the
temporary and accommodating policy of the French Republic


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itself, which finding it inconvenient to enforce its authority
over the island or to furnish it with subsistence from its own
sources, was anxious of course, that it might be fed from
neutral sources, in other words from the U. States; and with
every relaxation of ordinary forms necessary for so essential
a purpose. But it is not necessary to resort to this consideration.
The form of the Commission, which refers generally
to the authority over the island without naming the French
Republic is understood to have been copied from the usage
of other countries, and has been long tho' not enviably
practised by the Government of the United States. More
than a dozen instances might be specified, one of which is as
far back as the year 1702, and several as the year 1794, and
for places such as Trieste, Hamburg, Bremen &c where there
could be no other inducement to such a form, than the presumed
regularity of it. In truth, it has from the commencement
of the present administration been a principle with thex
President which has been as strictly observed as it has been sincerely
declared, to avoid in the intercourse with St. Domingo
every measure and circumstance which might controvert the
authority of the French Republic; or give ground of umbrage
to the French Government. On this principle particularly
by every instruction given to the Commercial
Agents sent to that Island.

With sentiments of great respect &c. &c. &c.