ports, generally, of the United States. If made an essential condition, you may admit, that in the ports to be acquired within the Mississippi, the trade of her subjects shall be on the same footing for a term of about ten years with that of our own citizens. But the United States are not to be bound to the exclusion of the trade of any particular nation or nations.

Should a mutual guaranty of the existing possessions, or of the conquests to be made by the parties, be proposed, it must be explicitly rejected, as of no value to the United States, and as entangling them in the frequent wars of that nation with other Powers, and very possibly in disputes with that nation itself.

The anxiety which Great Britain has shown to extend her domain to the Mississippi, the uncertain extent of her claims from North to the South, beyond the Western limits of the United States, and the attention she has paid to the Northwest coast of America, make it probable that she will connect with a war on this occasion, a pretension to the acquisition of the country on the west side of the Mississippi, understood to be ceded by Spain to France, or at least of that portion of it lying between that river and the Missouri. The evils involved in such an extension of her possessions in our neighborhood, and in such a hold on the Mississippi, are obvious. The acquisition is the more objectionable, as it would be extremely displeasing to our Western citizens, and as its evident bearing on South America, might be expected to arouse all the jealousies of France and Spain, and to prolong the war, on which the event would depend. Should this pretension, therefore, be pressed, it must be resisted as altogether repugnant to the sentiments and to the sound policy of the United States. But it may be agreed, in alleviation of any disappointment of Great Britain, that France shall not be allowed to retain or acquire any part of the territory, from which she herself would be precluded.

The moment the prospect of war shall require the precaution, you will not omit to give confidential notice to our public Ministers and Consuls, and to our naval commanders in the Mediterranean, that our commerce and public ships may be as little exposed to danger as possible. It may, under certain circumstances, be proper to notify the danger immediately to the collectors in the principal ports of the United States.

A separate letter to you is enclosed, authorizing you to enter into such communications and conferences with British Ministers as may possibly be required by the conduct of France. The letter is made a separate one, that it may be used with effect, but without the formality, of a commission. It is hoped that sound calculations of interest, as well as a sense of right, in the French Government, will prevent the necessity of using the authority expressed in this letter. In a contrary state of things, the President relies on your own information, to be H. Doc. 431- -12

gained on the spot, and on your best discretion, to open with advantage the communications with the British Government; and to proportion the degree of an understanding with it to the indications of an approaching war with France. Of these indications, also, you will be best able to judge. It will only be observed to you that, if France should avow or evince a determination to deny to the United States the free navigation of the Mississippi, your consultations with Great Britain may be held on the ground that war is inevitable. Should the navigation not be disputed, and the deposit alone be denied, it will be prudent to adapt your consultations to the possibility that Congress may distinguish between the two cases, and make a question how far the latter right may call for an instant resort to arms, or how far a procrastination of that remedy may be suggested and justified by the prospect of a more favorable conjuncture.

These instructions have thus far supposed that Great Britain and France are at peace; and that neither of them intend at present to interrupt it. Should war have actually commenced, or its approach be certain, France will, no doubt, be the more apt to concur in friendly accommodations with us, and Great Britain the more desirous of engaging us on her side. You will, of course, avail yourselves of this posture of things, for avoiding the necessity of recurring to Great Britain, or, if the necessity can not be avoided, for fashioning her disposition to arrangements formed with Great Britain in reference to war, the policy of the United States requires that it be as little entangling as the case will permit.

Our latest authentic information from New Orleans is of the 25th of February. At that date the port had been opened for provisions carried down the Mississippi, subject to a duty of 6 per cent., if consumed in the Province, and an additional duty, if exported; with a restriction, in the latter case, to Spanish bottoms, and to the external ports permitted by Spain to her Colonial trade. A second letter, written by the Spanish Minister here, has been received by the Intendant, but without effect. On the 10th of March his interposition was repeated in a form which you will find, by his translated communication to the Department of State, in one of the enclosed papers, was meant to be absolutely effectual. You will find in the same paper the translation of a letter from the French chargé d'affaires here to the Governor of Louisiana, written with a co-operating view. A provisional letter to any French agents who might have arrived, had been previously written by him, in consequence of a note from this Department, founded on a document published at New Orleans, showing that orders had been given by the Spanish Government for the surrender of the Province to France; and he has of late addressed a third letter on the subject of the Prefect said to have arrived at New Orleans. It does not appear, however, from any accounts received, that Louisiana has yet changed hands.

What the result of the several measures taken for restoring the right of deposit will be, remains to be seen. A representation on the subject was made by Mr. Graham, in the absence of Mr. Pinckney, to the Spanish Government, on the 3d of February. No answer had been received on the 8th, but Mr. Graham was led by circumstances to make no particular inference from the delay. The silence of the French Government to Mr. Livingston's representation, as stated in his letter of the day of is a very unfavorable indication. It might have been expected, from the assurances given, of an intention to observe the treaty between Spain and the United States, and to cultivate the friendship of the latter, that the occasion would have been seized for evincing the sincerity of the French Government; and it may still be expected that no interposition that may be required by the actual state of things will be withheld, if peace and friendship with the United States be really the objects of that Government. Of this, the mission of Mr. Monroe, and the steps taken by you on his arrival, will doubtless have impressed the proper convictions.

During this suspense of the rightful commerce of our Western citizens, their conduct has been, and continues to be, highly exemplary. With the just sensibility produced by the wrongs done them, they have united a patient confidence in the measures and views of their Government. The justice of this observation will be confirmed to you by manifestations contained in the Western newspapers, herewith enclosed; and, if duly appreciated, will not lessen the force of prudential as well as other motives, for correcting past, and avoiding future trespasses on American rights.

APRIL 20.

The letter from the Marquis d' Yrujo, of which you will find a translated copy in the enclosed newspaper of this date, was yesterday received. The letters to which it refers, as containing orders for the re-establishment of our deposit at New Orleans, were immediately forwarded. They will arrive in time, we hope, to mitigate considerably the losses from the misconduct of the Spanish Intendant; and they are the more acceptable, as they are an evidence of the respect, in the Government of Spain for our rights and our friendship.

From the allusion in this communication from the Spanish Minister to a future agreement between the two Governments, on the subject of an equivalent deposit, it would seem that the Spanish Government regards the cession to France as either no longer in force, or not soon to be carried into execution. However this may be, it will not be allowed, any more than the result of our remonstrance to Spain on the violation of our rights, to slacken the negotiations for the greater security and the enlargement of these rights. Whether the French or the Spaniards, or both, are to be our neighbors, the considerations which led to the

measures, taken with respect to these important objects, still require that they should be pursued into all the success that may be attainable. With sentiments of great respect, &c.,

R. R. LIVINGSTON and JAMES MONROE, Esqs.

JAMES MADISON.

The Secretary of State to Messrs. Livingston and Monroe.

DEPARTMENT OF STATE, April 18, 1803.

GENTLEMEN: The reasonable and friendly views with which you have been instructed by the President to enter into negotiations with the French Government, justify him in expecting from them an issue favorable to the tranquillity and to the useful relations between the two countries. It is not forgotten, however, that these views, instead of being reciprocal, may find, on the part of France, a temper adverse to harmony, and schemes of ambition, requiring, on the part of the United States, as well as of others, the arrangements suggested by a provident regard to events. Among these arrangements, the President conceives that a common interest may recommend a candid understanding, and a closer connexion with Great Britain: and he presumes that the occasion may present itself to the British Government in the same light. He, accordingly, authorizes you, or either of you, in case the prospect of your discussion with the French Government should make it expedient, to open a confidential communication with Ministers of the British Government, and to confer freely and fully on the precautions and provisions best adapted to the crisis, and in which that Government may be disposed to concur; transmitting to your own, without delay, the result of these consultations.

With sentiments of high respect, &c.,

R. R. LIVINGSTON and JAMES MONROE, Esqs.

JAMES MADISON.

[Extract.]

Mr. King to the Secretary of State.

APRIL 19, 1803.

In Lord Whitworth's last despatch, he says: "Two days ago, General Bernadotte left Paris, on his mission to the United States, with assurances of the First Consul's sincere desire to cultivate the friendship of that country; and yesterday Mr. Monroe, the American Envoy, arrived here." The United States, says his Lordship, are likely to reap the first fruits of our disagreement with France; the settlement of their affairs being already so nearly finished that little remains to be done by Mr. Monroe, who is said to be destined to relieve Mr. King at London.

[Extract.]

Mr. King to the Secretary of State.

LONDON, April 28, 1803.

"In a conference with Lord Hawkesbury on the 6th instant, I explained to him the object of the extraordinary mission of Mr. Monroe, pursuant to the tenor of your letter of the 29th of January, and I have the pleasure to inform you that his Lordship received the communication in good part, suggested no doubt of our right to pursue separately and alone the objects we aim at, and appeared to be satisfied with the President's views on this important subject."

Mr. Madison to Mr. Monroe.

WASHINGTON, April 20, 1803.

DEAR SIR,-You will receive with this all the communications claimed by the actual and eventual posture of our affairs in the hands of yourself and Mr. Livingston. You will find, also, that the Spanish Government has pretty promptly corrected the wrong done by its officer at New Orleans. This event will be a heavy blow to the clamorous for war, and will be very soothing to those immediately interested in the trade of the Mississippi. The temper manifested by our Western Citizens has been throughout the best that can be conceived. The real injury from the suspension of the deposit was, however, much lessened by the previous destruction of the entire crop of wheat in Kentucky, by the number of sea vessels built on the Ohio, and by throngs of vessels from Atlantic ports to the Mississippi, some of which ascended to the Natchez. The permission, also, to supply the market at New Orleans, and to ship the surplus as Spanish property to Spanish ports, was turned to good account. The trial, therefore, has been much alleviated. Certain it is that the hearts and hopes of the Western people are strongly fixed on the Mississippi for the future boundary. Should no improvement of existing rights be gained, the disappointment will be great. Still, respect for principle and character, aversion to poor rates and taxes, the hope of a speedy conjuncture more favorable, and attachment to the present order of things, will be persuasive exhortations to patience. It is even a doubt with some of the best judges whether the deposit alone would not be waived for a while, rather than it should be the immediate ground of war and an alliance with England. This suggested a particular passage in the official letter now sent you and Mr. Livingston.

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