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CHAPTER IX.

SALCEDO'S ADMINISTRATION.

1801 to 1803.

As it has been seen, the treaty of cession was signed on the 30th of April. On the 7th of May, Mr. King wrote from London to Mr. Livingston and Monroe: “In case of war, it is the purpose of this government (the British government), to send an expedition to occupy New Orleans. If it be ceded to us, would it not be expedient openly or confidentially to communicate the fact here? I have reason to be satisfied that it would prevent the projected expedition. I shall remain here till the 14th, in hopes that I may receive your answer, which may be expedited by a courier, should the communication be deemed prudent." The answer was: "We have the honor to inform you that a treaty has been signed (the 30th April) between the Minister Plenipotentiary of the French government and ourselves, by which the United States have obtained the full right to and sovereignty in and over New Orleans and the whole of Louisiana, as Spain possessed the same. If you should find it necessary to make any communication to the British government on this subject, you may likewise inform them, that care has been taken so to frame the treaty as not to infringe upon any of the rights that Great Britain might claim in the navigation of the Mississippi." Mr

King immediately communicated this information to the British government, and, in reply, Lord Hawkesbury said: "I have received his Majesty's commands to express to you the pleasure with which his Majesty has received this intelligence."

In laying before the Secretary of State all the details of this negotiation, Mr. Livingston observed: "As I believe that, next to the negotiation that secured our independence, this is the most important the United States have ever entered into, I thought that every thing that led to it might interest you and the President." And, in a joint despatch of the 13th of May, Messrs. Livingston and Monroe remarked: "An acquisition of so great an extent was, we well know, not contemplated by our appointment; but we are persuaded that the circumstances and considerations which induced us to make it, will justify us in the measure to our government and country.

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"We found, as we advanced in the negotiation, that M. Marbois was absolutely restricted to the disposition of the whole, that he would treat for no less portion, and, of course, that it was useless to urge it. On mature consideration, therefore, we finally concluded a treaty on the best terms we could obtain for the whole.

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"We adjust by it the only remaining known cause of variance with this powerful nation; we anticipate the discontent of the great rival of France, who would probably have been wounded at any stipulation of a perma nent nature which favored the latter, and which it would have been difficult to avoid, had she retained the right bank. We cease to have a motive of urgency at least, for inclining to one power, to avert the unjust pressure of another. We separate ourselves in a great measure

from the European world and its concerns, especially its wars and intrigues. We make, in fine, a great stride to real and substantial independence, the great effect whereof will, we trust, be felt essentially and extensively in all our foreign and domestic relations. Without exciting the apprehension of any power, we take a more imposing attitude with respect to all. The bond of our union will be strengthened, and its movements become more harmonious by the increased parity of interests which it will communicate to the several parts which compose it."

It will be recollected that when the cession of Louisiana by Spain to France was heard of, the Ministers of the United States in Paris, London, and Madrid, had made inquiries to ascertain whether the Floridas were included in the cession as part of Louisiana, and had expressed the opinion that they were not. But that opinion underwent a change, at least with regard to a portion of the Floridas, soon after the signing of the treaty of cession transferring the same province to the United States, such as it had been acquired from Spain, and Mr. Livingston, on the 20th of May, wrote as fol lows to Mr. Madison on this subject: "I informed you long since, that, on inquiring whether the Floridas were within the cession of Spain, I was told by M. Marbois he was sure that Mobile was, but could not answer farther. I believed his information incorrect, because I understood that Louisiana, as it then was, made the object of the cession; and that since the possession of the Floridas by Britain, they had changed their names. But the moment I saw the words of the treaty of Ma drid, I had no doubt but it included all the country that France possessed by the name of Louisiana, previous to their cession to Spain, except what had been conveyed by subsequent treaties. I accordingly insisted with M.

Marbois, at the time we negotiated, that this would be considered as within our purchase. He neither assented nor denied, but said that all they received from Spain, was intended to be conveyed to us. That my construction was right, is fairly to be inferred from the words of the treaties, and from a comment upon them contained in the Spanish Minister's letter to Mr. Pinckney, in which he expressly says, that France had recovered Louisiana as it formerly belonged to her, saving the rights of other powers. This leaves no doubt upon the subject of the intention of the contracting parties. Now, it is well known that Louisiana, as possessed by France, was bounded by the river Perdido, and that Mobile was the metropolis. For the facts relative to this, I refer you to Raynal and to his maps. I have also seen maps here which put the matter out of dispute.

"I called this morning upon M. Marbois for a further explanation on this subject, and to remind him of his having told me that Mobile made a part of the cession. He told me that he had no precise idea on the subject, but that he knew it to be an historical fact, and that on that only he had formed his opinion. I asked him what orders had been given to the Prefect who was to take possession, or what orders had been given by Spain, as to the boundary, in ceding it? He assured me that he did not know; but that he would make the inquiry, and let me know. At four o'clock I called for Mr. Monroe to take him to the Minister of Foreign Affairs (Talleyrand); but he was prevented from accompanying me. I asked the minister (Talleyrand) what were the east bounds of the territory ceded to us? He said he did not know; we must take it as they had received it. I asked him how Spain meant to give them possession He said, according to the words of the treaty.-But what did you mean to take?-I do not know.-Then you

mean that we shall construe it our own way?—I can give you no direction; you have made a noble bargain for yourselves, and I suppose you will make the most of it.

"Now, Sir, the sum of this business is, to recommend to you, in the strongest terms, after having obtained the possession that the French commissary will give you, to insist upon this as a part of your right, and to take possession, at all events, to the river Perdido. I pledge myself that your right is good; and, after the explanations that have been given here, you need apprehend nothing from a decisive measure. Your ministers here, and at Madrid, can support your claim; and the time is peculiarly favorable to enable you to do it without the smallest risk at home. It may also be important to anticipate any designs that Britain may have upon that country. Should she possess herself of it, and the war terminate favorably for her, she will not readily relinquish it. With this in your hand, East Florida will be of little moment, and may be yours whenever you please. At all events, proclaim your right and take possession."

On the 7th of June, Messrs. Livingston and Monroe again said in a joint despatch to Mr. Madison: "We are happy to have it in our power to assure you, that, on a thorough examination of the subject, we consider it incontrovertible that West Florida is comprised in the cession of Louisiana."

Let us now see the view taken of this question by the French negotiator. It cannot be done better than by quoting his own language. "The American negotiators," said he, "easily agreed on the declaration contained in the first article: The colony or province of Louisiana is ceded by France to the United States, with all its rights and appurtenances, as fully and in the same manner as

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