they have been acquired by the French Republic, by virtue of the third article of the treaty concluded with his Catho lic Majesty at St. Ildephonso, on the 1st of October, 1800. Terms so general, seemed, however, to render necessary some explanations, relative to the true extent of Loui siana, &c. *

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"There were some historical and diplomatic researches on the first occupation and earliest acts of sovereignty. But they were only attended with the results usual in such cases. Travellers and historians had not left on this subject any but vague and general notions; they had only narrated some accidents of navigation, some acts of occupation, to which contradictory ones might be opposed. According to old documents, the bishopric of Louisiana extended to the Pacific ocean, and the limits of the diocess thus defined were secure from all dispute. But this was at the most a matter in expectancy, and the Indians of those regions never had any suspicion of the spiritual jurisdiction which it was designed to exercise over them. Besides, it had no connection with the rights of sovereignty and property. One important point was, however, beyond all discussion; according to the then existing treaties, the course of the Mississippi, in descending this river to the 31st degree of north latitude, formed the boundary line, leaving to the United States the country on its left bank; to the right, on the other hand, there were vast regions without well defined boundaries, although France had formerly included a great part of them in what was called Upper Louisiana. This was particularly the case with the territories to the south of the Missouri.

"The limits of Louisiana and Florida, to the south of the 31st degree, were not free from some disputes, which possessed importance on account of the neighborhood of

the sea, and the embouchure of the rivers. However this country (Florida), disregarded by the European powers that successively possessed it, was scarcely mentioned in the conferences. France had only the smallest portion of it. The name of Florida could not have been inserted without preparing great difficulties for the future.

"The boundary to the north and north-west was still less easy to describe. Even the course of the Mississippi might give rise to some border disputes; for that great river receives, beyond the 43rd degree, several branches, then regarded as its sources. A geographical chart was before the plenipotentiaries. They negotiated with entire good faith; they frankly agreed that these matters were full of uncertainty, but they had no means of quieting the doubts. The French negotiator said: 'Even this map informs us that many of these countries are not better known at this day, than when Columbus landed at the Bahamas; no one is acquainted with them. The English themselves have never explored them. The circumstances are too pressing to permit us to concert matters on this subject with the court of Madrid. It would be too long before this discussion could be terminated, and perhaps that government would wish to consult the Viceroy of Mexico. Is it not better for the United States to abide by a general stipulation, and since these territories are still at this day, for the most part, in possession of the Indians, await future arrangements, or leave the matter open for the treaty stipulations that the United States may make with them and Spain? In granting Canada to the English at the peace of 1763, we only extended the cession to the country that we possessed. It is, however, as a consequence of that treaty, that England has occupied territory to the West, as far as the great Northern Ocean.' Whether the American plenipotentiaries had themselves desired what was proposed to

them, or that these words afforded them a ray of light, they declared that they kept to the terms of the 3rd article of the treaty of St. Ildephonso, which was inserted entire in the first article of the treaty of cession.

"M. Marbois, who offered the draft, said several times: The first article may in time give rise to difficulties, that are at this day insurmountable. But if they do not stop you, I, at least, desire that your government should know that you have been warned of them.

"The French negotiator, in rendering an account of the conference to the First Consul, pointed out to him the obscurity of this article and the inconveniences of so uncertain a stipulation. He replied: 'that if an obscu rity did not already exist, it would perhaps be good policy to put one there!

Whatever was the true territorial extent of Louisiana, whether it included part of the Floridas or not, Spain immediately protested against the treaty of cession, and her Minister at Washington, the Marquis de Casa Irujo, addressed the following note to the Secretary of State on the 4th of September: "Through the medium of the ambassador of the King my master, in Paris, it has come to his royal knowledge, that that government has sold to that of the United States the province of Louisiana, which his Majesty had retroceded to the French Republic. This information has occasioned to the King, my master, no small surprise, seeing that the French Government had contracted with his Majesty the most solemn engagements never to alienate the said province. In order to convince the Government of the United States of the nature of these engagements, I take the liberty here to insert a paragraph of a note presented on the 22d of July, 1802, by M. de St. Cyr, ambassador of the French Republic, at Madrid, to the Secretary of State of his Majesty, as follows:

"His Catholic Majesty has appeared to wish that France should engage not to sell nor alienate in any manner, the property and the enjoyment of Louisiana. Its wish in this respect is perfectly conformable with the intentions of the Spanish Government; and its sole motive for entering therein was because it respected a possession which had constituted a part of the French territory. I am authorized to declare to you in the name of the First Consul that France will never alienate it."

"The mere reading of the paragraph which precedes will convince you as well as the President of the United States, that the sale of Louisiana which France has lately made is a manifest violation of the obligations contracted by her with his Catholic Majesty, and that France wants the powers to alienate the said province without the approbation of Spain, as is seen incontestably in the above recited note of the ambassador St. Cyr, authorized by his government.

"The King, my master, charges me to inform this government, as soon as possible, of this important cir cumstance; and, in compliance with his royal will, I has ten to acquaint you therewith, in order that it may, as soon as possible, come to the knowledge of the President of the United States."

On the 27th of the same month (September), the Marquis de Casa Irujo returned to the subject, and said in a communication to Mr. Madison: "On the 4th current, I had the honor to intimate to you the extraordinary surprise with which the King, my master, had heard of the sale of Louisiana, made to the United States, in contravention of the most solemn assurances given in writing to his Majesty, by the ambassador of the French Republic near his person, and with the consent and approbation of the First Consul. The King, my master, charges me again to remind the American

Government, that the said French ambassador entered, in the name of his Republic, into the positive engage ment that France never would alienate Louisiana, and to observe to it that the sale of this province to the United States is founded in the violation of a promise so absolute that it ought to be respected; a promise without which the King my master would, in no manner, have dispos sessed himself of Louisiana. His Catholic Majesty entertains too good an opinion of the character of probity and good faith which the Government of the United States has known how to obtain so justly for itself, not to hope that it will suspend the ratification and effect of a treaty which rests on such a basis. There are other reasons no less powerful, which come to the support of the decorum and respect which nations mutually owe each other. France acquired from the King, my master, the retrocession of Louisiana under obligations whose entire fulfilment was absolutely necessary to give her the complete right over the said province; such was that of causing the King of Tuscany to be acknowledged by the Powers of Europe; but, until now, the French Government has not procured this acknowledgment, promised and stipu lated, either from the Court of London, or from that of St. Petersburgh. Under such circumstances, it is evident that the treaty of sale entered into between France and the United States does not give to the latter any right to acquire and claim Louisiana, and that the principles of justice as well as sound policy ought to recommend it to their government not to meddle with engagements, as contrary in reality to their true interests, as they would be to good faith and to their good correspondence with Spain."

Mr. Madison communicated these notes to Mr. Livingston at Paris, to whom he said in a despatch of the 6th of October: "The objections to the cession, advanced