As you will receive this from the hands of Mr. Monroe, I refer to him for full information relative to our internal affairs generally, and, in particular, to the violation to our right of deposit at New Orleans, with the impressions and proceedings which have resulted from it.

In his hands also, are the commission and instructions in which he is joined with yourself, to treat with the French Government for an enlargement of our rights and our security in the southwestern neighborhood of the United States. These documents, with the communications and explanations which Mr. Monroe will be able to add, will put you in full possession of the subject.

The negotiation to be opened will bring the disposition and views of the French Government to a test. If it should meet the negotiation in a proper spirit, and with a just estimate of the real interests of France, not only a favorable issue may be expected, but it will be proper for you to avail yourself of the occasion, to insist on a prompt and complete fulfillment of the convention, so long delayed on that side, but which was so readily and so liberally executed on ours; and on a fair discharge of the pecuniary engagements of every description, to the citizens of the United States.

The occasion may be proper, also, for obtaining satisfaction to Captains Rodgers and Davidson for the outrages committed on them in St. Domingo. The death of General Le Clerc will have lessened the influence of his connection with the subject, in obstructing a just consideration of it.

A return to your representations on the subject of the French navigation laws, may be equally recommended by the occasion. Although the present session of Congress, like the last, will pass over without any countervailing regulations here, it can not be doubted that the discriminations made by France, with a view to exclude our shipping from a fair share in the freight of our own productions, will, and can be effectually counteracted by the United States, if not corrected by herself. Should a disposition appear to take up the whole subject of commerce between the two countries, with a view to conventional regulations on just principles, the President authorizes you to express a like disposition in the Government of the United States. But he prefers for the discussions, this place to Paris, for the double reason that the requisite commercial information could be more readily gained here than there, and that a French negotiator might here be more easily and fully impressed with the importance of our commerce to France, than could be done at Paris. Mr. Otto, it is presumed, would not be an unfavorable Minister for such a business; and may, if the French Government incline, bring with him the necessary author-. ities and instructions for entering upon it.

If, instead of these friendly sentiments and purposes, which may be improved into a solid and satisfactory adjustment of the mutual inter

ests of the two nations, the French Government should betray a settled repugnance to just arrangements with the United States; and, above all, if it should manifest or betray a hostile spirit towards them, or be found to meditate projects inconsistent with their rights, and, consequently, leading to a rupture, not a moment is to be lost in forwarding the information, in order that the measures, both external and internal, adapted to such a state of things, may be seasonably taken.

I have the honor, &c., R. R. LIVINGSTON, Esq., &c.

JAMES MADISON.

Mr. Madison to Mr. Monroe.

WASHINGTON, March 1, 1803. DEAR SIR,-Since you left us we have no further intelligence from New Orleans, except a letter dated January 20th from the Vice Consular agent there, from which it appears that the letters to the Governor and Intendant from the Spanish Minister here had arrived about the 13th, and had not, on the 20th, produced the desired change in the state of things. The delay, however, does not seem to have been viewed by the Consul as any proof that the Intendant would not conform to the interposition. The idea continued that he had taken his measures without orders from his Government. There are letters (according to that from the Consul) for the Marquis Yrujo now on the way by land. These will probably shew whether the Intendant will yield or not. The despatch vessel which carried the Marquis's letters is not yet returned. The detention of her beyond the allotted time is favorably interpreted by him, on the presumption that she waits for a satisfactory answer, which the pride of the Intendant postpones as long as possible.

The newspapers will have informed you of the turn given to the proceedings of Congress on the subject of New Orleans, &c. The propositions of Mr. Ross in the Senate, which drove at war thro' a delegation of unconstitutional power to the Executive, were discussed very elaborately, and with open doors. The adversaries of them triumphed in the debate, and threw them out by 15 votes against 11. On the motion of Mr. Breckenridge, measures of expenseless or cheap preparation, in the style of those which attended Mr. Jay's mission to G. Britain, have been agreed on in the Senate. It is uncertain whether even these will pass the House of Representatives. If they should, as is, perhaps, not improper, they will not be understood as indicating views that ought to excite suspicions or unfriendly sensations in either of the Governments to which your Mission is addressed. The truth is, that justice and peace prevail not only in the public councils, but in H. Doc. 431

-8

the body of the community; and will continue to do so as long as the conduct of other nations will permit. But France and Spain cannot be too deeply impressed with the necessity of revising their relations to us thro' the Mississippi, if they wish to enjoy our friendship, or preclude a state of things which will be more formidable than any that either of those powers has yet experienced. Some adjustments, such as those which you have to propose, have become indispensable. The whole of what we wish is not too much to secure permanent harmony between the parties. Something much better than has hitherto been enjoyed by the States is essential to any tolerable degree of it, even for the present. * **

[Extract.]

Mr. Madison, Secretary of State, to James Monroe.

DEPARTMENT OF STATE, March 2, 1803. SIR: You will herewith receive two commissions with the correspondent instructions, in which you are associated as Minister Plenipotentiary and Extraordinary to the French Republic and to His Catholic Majesty; together with the respective letters of credence to those Governments.

Your mission to Madrid will depend on the event of that to Paris, and on the information there to be acquired. Should the entire cession in view be obtained from the French Republic, as the assignees of Spain, it will not be necessary to resort to the Spanish Government. Should the whole or any part of the cession be found to depend, not on the French, but on the Spanish Government, you will proceed to join Mr. Pinckney in the requisite negotiations with the latter. Although the United States are deeply interested in the complete success of your mission, the Floridas, or even either of them, without the island of New Orleans, on proportionate terms, will be a valuable acquisition. I have the honor to be, &c.,

JAMES MONROE, Esq., &c.

Mr. Livingston to Mr. Madison.

JAMES MADISON.

PARIS, March 3, 1803.

DEAR SIR: You will receive, with this, duplicates of two letters which contain a general statement of our affairs here. This is merely to inform you that I have received your letter of the 18th of January, in which you notify me of Mr. Monroe's appointment. I shall do everything in my power to pave the way for him; and sincerely wish

his mission may be attended with the desired effect. It will, however, cut off one resource on which I greatly relied; because I had established a confidence which it will take Mr. Monroe some time to inspire. Enclosed is a letter addressed to the First Consul himself, and sent him before I heard of Mr. Monroe's appointment. The Minister told me yesterday that I should have an answer to it in a few days. What that answer will be I know not: but I have been indefatigable in my applications to everybody who will probably be consulted on this subject. When I arrived here I found Louisiana a very favorite object. Some books were published representing it as a paradise. I think I have greatly aided in dispelling this mania; and, had the Floridas been granted, and the necessary powers given me, I believe that something might have been effected; because at this moment there is not a man about the Court but inclines to our ideas upon the subject. The Floridas are still in the hands of Spain. I have explained the cause in my last: and not knowing how far we might succeed in our negotiations, or what sacrifices you would make, I have thought it best to use every exertion with the Spanish Ambassador and the British Minister to obstruct that negotiation.

The person of whom you speak may be able to give you information as to the expedition; because he had passed as an important inhabitant of the island, and the General, &c., relied upon his aid in their moneymaking plans. I am much surprised, however, that he should talk of the designs of this Court, the price, &c.; because these he must have derived from his imagination only; as he had no means of seeing anybody here that could give him the least information on those subjects. I mention this that the President may not place any sort of reliance upon what he receives through that channel, except as it respects General Victor personally; who, I will venture to say, knows himself less about what passes here than you do: and even this information he must receive with some grains of allowance, as the gentleman has a pretty warm imagination, and is liable to be deceived.

The armament is still icebound in Holland.

I am, sir, &c.,

Hon. JAMES MADISON,

ROBERT R. LIVINGSTON.

Secretary of State.

Mr. Livingston to Citizen Bonaparte, First Consul of France and Presi dent of the Italian Republic.

PARIS, February 27, 1803. CITIZEN FIRST CONSUL AND PRESIDENT: Though I am satisfied that my notes to the Minister of Exterior Relations have been truly represented to you, yet as, in the immense variety of important objects that

occupy your time and attention, they may have escaped your memory, I can not justify myself to my Government without making every effort to bring them under your view; since I consider the object of them as too closely connected with that harmony which can not be indifferent to two countries whose physical and political relations enable them to be mutually serviceable to each other. And I find that it has not been unusual, upon great occasions, for the Ministers of foreign Powers to address themselves directly to you. This I prefer to do by letter, rather than by personal conference; as well because I consider it as more saving of your time, as because I feared that my imperfect knowledge of the French language would have prevented me from expressing myself with the clearness I might wish.

I pass over, citizen First Consul, a variety of circumstances of minor importance, and, which, without being useful to France, serve to distress the commerce and the mercantile citizens of the United States, which have, at different times, been represented to the Minister for Foreign Affairs, and others of your Ministers, without having hitherto met with the attention they merited. I presume, when a negotiation shall be set on foot for the arrangements on great points, smaller ones will meet with little difficulty.

The claims of the American citizens against the Government of France, are so well founded that no administration that ever prevailed in France has refused to recognize them; and even after the debts of the citizens of France were reduced by the law of 24th Frimaire, year 6, the Government declared that those due to foreigners were not comprised in the regulation; for this obvious reason, doubtless, that they were not to be benefited by the revolution, and that those only would be justly charged with the expenses to whom the advantages were to result; and they accordingly reported, that a large sum should be applied to the discharge of the demands of foreigners; who were only deprived of the benefit of the report by the change that was afterwards effected in the constitution. In this report France pursued the example of good faith set by the United States of America, who, in the fiscal arrangements, which necessity compelled them to adopt, respected the rights of foreigners, and paid their contracts, with the most scrupulous exactitude, in specie, while their own citizens were compelled to acquiesce in those arrangements which the general interest of their country (in whose prosperity they were benefited) rendered necessary.

If, sir, the validity of claims could be tested either by the advantages received by the debtor, or the loss sustained by the creditor, none can stand upon stronger ground than those of American citizens against France. They are chiefly founded upon contracts, for articles of the first necessity, furnished when they were most needed, and when the want of them would have plunged France in the utmost