President Jefferson to Dr. Hugh Williamson.

WASHINGTON, April 30, 1803. DEAR SIR,-I thank you for the information on the subject of navigation of the Herville contained in yours of the 10th. In running the late line between the Choctaws and us, we found the Amite to be about thirty miles from the Mississippi where that line crossed it, which was but a little northward of our southern boundary. For the present we have a respite on that subject, Spain having without delay restored our infracted right, and assured us it is expressly saved by the instrument of her cession of Louisiana to France. Although I do not count with confidence on obtaining New Orleans from France for money, yet I am confident in the policy of putting off the day of contention for it till we have lessened the embarrassment of debt accumulated instead of being discharged by our predecessors, till we obtain more of that strength which is growing on us so rapidly, and especially till we have planted a population on the Mississippi itself sufficient to do its own work without marching men fifteen hundred miles from the Atlantic shores to perish by fatigue and unfriendly climates. This will soon take place. In the meantime we have obtained by a peaceable appeal to justice, in four months, what we should not have obtained under seven years of war, the loss of one hundred thousand lives, an hundred millions of additional debt, many hundred millions worth of produce and property lost for want of market, or in seeking it, and that demoralization which war superinduces on the human mind. To have seized New Orleans, as our federal maniacs wished, would only have changed the character and extent of the blockade of our western commerce. It would have produced a blockade, by superior naval force, of the navigation of the river as well as of the entrance into New Orleans, instead of a paper blockade from New Orleans alone while the river remained open, and I am persuaded that had not the deposit been so quickly rendered we should have found soon that it would be better now to ascend the river to Natchez, in order to be clear of the embarrassments, plunderings, and irritations at New Orleans, and to fatten by the benefits of the depôt a city and citizens of our own, rather than those of a foreign nation.

[Extract.]

Mr. Madison to Mr. Monroe.

WASHINGTON, May 1, 1803.

The order from Spain for the restoration of the deposit has had a good effect everywhere. We are told at the same time, in the very words of the Article, that, in the cession of Louisiana, our rights under the Treaty of '95 are saved. On the 1st of April, Laussat, the

Prefect, was at New Orleans, and the late Governor, Casa-Calvo, was expected in a few days from the Havana, to deliver possession to the French. Whether this message will be delayed for the arrival of the Capt. General, or what may result to it from other causes, can be better understood with you than here. Laussat professes to be kindly disposed, and undertakes to affirm that the French Government had nothing to do in the arrest of the deposit by the Spanish officer, and that if he had been there in authority no such thing would have happened. He does not admit that he has any authority to meddle in any way at present, and gives this answer to Pichon's exhortation. The Intendant had declined in like manner to obey the advice of Yrujo. The last more peremptory interpositions of these Ministers had not arrived, and the importance of them was superceded by the orders from Spain. The attention here is much alive to the transfer of the country to France, and it becomes her, if she wishes to be on cordial terms with us, to proceed in every step with strict justice and exemplary frankness.

Extract of a letter from Mr. Cevallos, Minister of His Catholic Majesty, to Charles Pinckney, esq.

ARANJUEZ, May 4, 1803. The system adopted by His Majesty not to dispossess himself of any portion of his States, deprives him of the pleasure of assenting to the cessions which the United States wish to obtain by purchase, as I have intimated for their information to the Marquis of Casa Yrujo.

By the retrocession made to France of Louisiana, this Power regains the said province with the limits it had, and saving the rights acquired by other Powers. The United States can address themselves to the French Government to negotiate the acquisition of territories which may suit their interest.

Mr. King to Messrs. Livingston and Monroe.

LONDON, May 7, 1803. GENTLEMEN: War seems to be quite inevitable, though it is possible that the offer of France to leave Malta in the hands of Russia, Austria, or Prussia, may create some hesitation, and, had it been early made, would perhaps have prevented the present crisis. In case of war, it is the purpose of this 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 might be expedited by a courier, should the communication be deemed prudent.

Mr. Monroe to Mr. Livingston.

MAY 5, 1803.

DEAR SIR, I have examined with great attention the articles of the project which we presented as agreed & amended between ourselves, to Mr. Marbois & that which he returned to us, & find that neither is drawn with sufficient accuracy to accomplish the object which is intended. A reference to the statement heretofore given to you by the commercial agent here and by you returned to the minister of foreign affairs, cannot be considered, as defining with sufficient accuracy, the claims, that are to be admitted, as it probably comprises many that are excluded, by the latter part of the same article, & may exclude others that ought to be admitted; the time too, at which the interest is to commence does not appear to me to be sufficiently definite, or founded in justice. The irregularity in the condition of the creditors, some of whom are to be paid immediately & others at the end of the 9 months after their claims are liquidated, is also highly objectionable. The absolute submission to the decision of the French bureaus, in cases where the claims of our citizens have, or may be rejected, ought also to be provided against. It is equally proper, that the powers of our board should be enlarged & more clearly defined, especially that it should extend, to the requiring & receiving of evidence, necessary to guide them to a just decision. Some provision is also necessary, in favor of the creditors, whose claims have accrued since the last convention.

If the board is organized, as we propose, it appears to me, to be unnecessary to assign, to our commercial agent, the duty which is proposed in our project; the more so, as if it is not comprised in his duty assigned by the Government, we should incur an useless expense.

I have drawn such a paper as appears to me to be free from those objections, which I beg to submit to your consideration. I have assumed the Debt, reserving to the United States, the sum, which may remain, if any, after paying it, of the 20 millions assigned for the purpose. I will be happy to call on you, or receive you here immediately; after you have examined the enclosed, as may be most convenient to you. Very sincerely &c.

Dear Sir,

Mr. Monroe to Mr. Livingston.

MAY 6, 1803.

I send you a translation of the project for the debts. The French copy I sent to Mr. Marbois last night at 11. not being able to do it sooner. I informed him that if he wished a meeting this morning we would attend him on a notification to that effect. I find that the 3d. Art. does not go as far as it ought to do. It does not give to the

board to be established by the U. States a power over the claims to be liquidated, of the same extent as is given to them over those which are, in respect to the character of the debt & of the claimant. The board is also restrained from the cognizance of such claims which are not objected to by our agent, which if proper as to the merit of such claims, can not be so on the principle referred to. The money also should be paid on the certificate of that board & the order of our ministers as in other cases. I send you a note on that subject which I wish you to examine, to be added to the end of that article & incorporated in it, if you approve.

Mr. Monroe's Draft of Convention.

ART. 1. The debts due by France to citizens of the United States which accrued before the 2a. Vendre 9 year of the French Republic, 30 Sept. 1800, shall be paid according to the following principles with interest at six per cent: from the time they respectively became due. The debts which it is hereby intended to provide for, according to the true intent & meaning of the 5th Art: of the above mentioned convention, are such as are due to American citizens for supplies furnished to the French Republic, for embargoes & other detention of vessels, for captures in which the appeal has been properly lodged within the time specified by the said convention. It being the express intention of the contracting parties to preclude from the benefits of this article, all contracts for covering goods not the sole property of American citizens; all commercial speculations made by American. citizens establishing houses of commerce in France, England or other foreign country, in their own names or in conjunction with foreigners, whereby they are to be considered in the commercial transactions of such houses, as domiciliated in the countries where such houses are established, and entitled to the aid of the governments under which they were so established.

It is agreed that the government of France shall by means of its suitable department adjust the whole amount of such of the above claims. as have been returned or presented to the several bureaus, within the space of months from the date of this treaty, & that it will cause all other claims which may hereafter be presented to be adjusted with the least possible delay. As soon as any claim shall be thus adjusted, the department by whom the adjustment is made, shall grant a certificate for the sum due, stating the object or consideration for which it became due, to the person entitled to it, who shall present the same for revision to the board provided for in the following article.

Should any claim be rejected by such department of the French Government, the party thinking himself thereby injured shall be entitled

to a statement of his case comprising the motive of the rejection, to be presented in like manner before the said board.

ART. 2. And that suitable & adequate provision may be made for the payment of all just debts due by the French Government to the citizens of the United States, above described & none other, according to the true intent & meaning of the 5th article of the said convention, it is further agreed that the ministers plenipotentiary of the United States shall appoint a board consisting of three persons to act till the same are finally adjusted, or until the President with the advice of the Senate shall appoint others, who or a majority of them shall have full power to revise all such claims thus adjusted or rejected by the said department of the French Government, & to reject or admit the same, in part or in whole, as in their judgment shall appear right & just on the principles above stated. To enable this board fully & completely to execute the duties hereby assigned it, it shall be authorized to require and review such testimony, in all cases as may be necessary to a full & impartial. decision & also to examine all authentic pieces & documents in the bureaus of the French Republic, relative to the said claims, & to take copies of the same when necessary.

When any claim is admitted by the above mentioned board, the party entitled to the same shall receive from the said board a certificate for the amount due, in which shall be stated the time at which it became due, & the Ministers Plenipotentiary of the United States in case there be more than one present, shall give orders on the Treasury of the United States for the payment of the same, with interest thereon from the time the debt became due at the rate of six per cent per annum till paid, which orders shall be paid at the Treasury three months after sight, in case the treaty has been previously ratified by both parties, and the ceded territory delivered into the possession of the United States.

It is understood that the rejection of any claim by this board shall produce no other effect than to exempt the United States from the payment of it: The party holding such claim shall have the same right to demand it of the Government of France; as if this treaty had not passed. It is also understood that nothing in this treaty is intended or shall be construed in such manner as to affect the claims of citizens of the United States on the French Government for debts which have been contracted since the 30th of Sept. 1800.

ART. 3. The United States engage to pay the amount of the debt due by the French Republic to their citizens, as above described & whose adjustment is provided for in the preceding articles, which debt is estimated at a sum not exceeding 20 millions of francs.

It is further agreed that should the claims provided for in the preceding articles not amount to the sum of twenty millions of francs, and other claims be hereafter presented to the Government of France,