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 CHARLES PINCKNEY. |
 | The writings of James Madison, |  |
TO CHARLES PINCKNEY.
Your dispatches by Mr. Codman were delivered by him
two days ago; but being voluminous, and the documents in
the Spanish language, not yet fully translated, I am not able at
present to convey to you the sentiments of the President on
the subject. My letter of October 25th will have explained
to you the scope of our claims on the Spanish Government;
and I now only repeat the confidence entertained that as far
as your success in the Convention has not corresponded therewith,
provision; particularly in behalf of our citizens whose
losses proceeded from aliens within Spanish responsibility.
A letter from a confidential citizen at New Orleans, of which
a copy is inclosed, has just informed us, that the Intendant
at that place, by a proclamation from which an extract is
also inclosed, had prohibited the deposit of american effects,
stipulated by the Treaty of 1795; and as the letter is interpreted,
that the river was also shut against the external commerce
of the U. States from that port. Whether it be the
fact or not that this latter prohibition has also taken place,
it is evident that the useful navigation of the Mississippi so
essentially depends on a suitable depositary for the articles
of commerce that a privation of the latter is equivalent to a
privation of both.
This proceeding is so direct and palpable a violation of the
Treaty of 1795, that in candor it is to be imputed rather to the
Intendent solely, than to instructions of his Government.
The Spanish Minister takes pains to impress this belief, and
it is favoured by private accounts from New Orleans mentioning
that the Governor did not concur with the Intendant.
But from whatever source the measure may have proceeded
the President expects that the Spanish Government will
neither lose a moment in countermanding it, nor hesitate to
repair every damage which may result from it. You are
aware of the sensibility of our Western citizens to such an
occurrence. This sensibility is justified by the interest they
have at stake. The Mississippi is to them everything. It is
the Hudson the Delaware, the Potomac and all the navigable
rivers of the atlantic States formed into one stream. The
produce exported thro' that channel last year amounted to
$1,622,672 from the District of Kentucky and Mississippi only,
and will probably be fifty p Cent more this year (from the
whole Western Country, Kentucky alone has exported for
the 1st half of this year $591,432 in value) a great part of
which is now or shortly will be afloat for New Orleans and
exercise of power. Whilst you presume therefore in your
representations to the Spanish Government, that the conduct
of its officers is no less contrary to its intentions, than it is to
its good faith, you will take care to express the strongest confidence,
that the breach of the Treaty will be repaired in every
way which justice and a regard for a friendly neighbourhood
may require.
I have communicated the information received from New
Orleans to the Chevalier D'Yrujo, with a view to obtain his
immediate interposition as you will find by the inclosed copy
of a letter to him. He readily undertakes to use it with all
the effect he can give it, by writing immediately on the subject
to the local authority at New Orleans. I shall write at the
same time to Mr. Hulings, who will enforce as far as he may
have an opportunity the motives for recalling the unwarrantable
prohibitions. It is to be hoped that the Intendant
will be led to see the error which he has committed, and to
correct it, before a very great share of its mischief will have
happened. Should he prove as obstinate as he has been
ignorant or wicked, nothing can temper the irritation and indignation
of the Western Country, but a persuasion that the
energy of their own Government will obtain from the justice
of that of Spain, the most ample redress.
It has long been manifest, that whilst the injuries to the
United States, so frequently occurring from the Colonial
offices scattered over our hemisphere and in our neighbourhood,
can only be repaired by a resort to the respective
sovereigns in Europe, that it will be impossible to guard
against the most serious inconveniences. The instance before
us strikes with peculiar force, and presents an occasion on
which you may advantageously suggest to the Spanish Government,
the expediency of placing in their Minister on the
Spot an authority to controul or correct the mischievous
proceedings in their Colonial officers towards our citizens;
without which any of fifteen or twenty individuals, not always
threaten the good understanding of the two Countries. The
distance between the United States and the old Continent,
and the mortifying delays of explanations across the Atlantic,
on emergencies in our neighbourhood, render such a provision
indispensable, and it cannot be long before all the Governments
of Europe having American Colonies must see the
policy of making it.
I am, &c. &c. &c.
| The writings of James Madison, | |