For the course of information relating to the deposit at New Orleans, I refer you to my letter of the 25th instant to Mr. Livingston.

I have the honor to be, &c.,

JAMES MADISON.

The Minister of Exterior Relations to Mr. Livingston.

PARIS, 11th Prairial, an 11 (May 30, 1803). SIR: The declaration published the 17th of May by the English Government; the embargo laid in the ports of England on the commerce of the French, and of the Batavians, and of other allies of the Republic; the letters of marque distributed to privateers, authorizing them to cruise against the commerce of France; the capture, in fine, of two vessels, made some leagues from Brest, by two English frigates; permit a doubt to exist no longer concerning the intention of the Government of Great Britain.

The First Consul is persuaded that nothing can be wanting to convince all the Governments of Europe of the hostile dispositions of His Britannic Majesty. To manifest his own, it is only this day he publishes the resolution which honor extorts, to repulse an unjust aggression.

In informing your Government of this determination, you will find it, I have no doubt, already apprized of the justice of our claims by the publication, made in France, of the papers which this discussion has elicited.

The history of diplomatic relations has never presented, on the one side, more constant efforts to preserve peace; and, on the other, a more persevering desire, by any means and every pretext, to rekindle the war.

The English Government, even in the publication which has been ordered for the purpose of defending her conduct, has only made her injustice the more apparent. The declaration of war is in palpable contradiction of the official correspondence which follows it. This declaration assigns as a motive for the war, demands of which the French Government has been always ignorant, and complaints of which it was only apprized by the hostilities and Manifesto of England. I have the honor to transmit to you an exact copy of one of the letters of Lord Whitworth, the original of which has been communicated to your Excellency. This note contains a false allegation, which it has thought proper to expunge from the copy submitted to the British Parliament. By comparing this falsified copy with the original text, your Excellency will be convinced that the British Ministry could find no other means to escape the condemnation of Europe than that of concealing an official untruth under a Parliamentary imposture.

The First Consul flatters himself with the belief that the Govern

ments of Europe will not hesitate to pronounce that France has been uniformly loyal in a just cause; and that amidst the unjust pretensions of England, she has involuntarily imposed upon herself the necessity of adopting measures destitute of propriety, and making declarations in violation of good faith.

Accept, sir, the assurances of my high consideration.

CH. MAU. TALLEYRAND.

Mr. Livingston to the Minister of Exterior Relations.

PARIS, June 2, 1803.

SIR: I have received the letter you did me the honor to write on the 11th Prairial, announcing the measures that have unfortunately led to a rupture between France and Britain. I shall transmit the same, together with the papers that accompany it, to the Government of the United States, who will doubtless learn with much pain the circumstances that have rekindled the flame of war in Europe; and while they sincerely regret that the measures pursued by the First Consul for the preservation of the peace which Europe owes to his humanity have failed of success, they will still hope that some expedient may be found for stopping the effusion of blood and restoring that repose to Europe for which she so ardently sighs.

I pray your Excellency to accept the assurances of my high consid

eration.

[Extract.]

R. R. LIVINGSTON.

Mr. Livingston to Mr. Madison.

PARIS, June 3, 1803.

SIR: Mr. Monroe having undertaken to write our joint letter, I shall confine this to objects that do not relate to the treaty. I would only observe to you that, since the ratification, we have had a great deal of trouble with it, an opinion prevailing that we have made too favorable a bargain. My letter to the President and our joint letter will so fully explain this extraordinary business as to make any further observations unnecessary. I must, however, earnestly press you, if you think the object important, to get the ratification as soon as possible, and to do all that on our part remains to be done.

During this transaction, I have thought it improper to press any other business that might excite the smallest irritation.

How happy, my dear sir, are we to have concluded a treaty which will forever exclude us from the politics of this stormy quarter of the

globe. I hope that you will not let it totally pass through your hands. My letter to the President will fully explain this. Some commercial arrangements might be advantageously proposed here in the present state of things, had I your instructions thereon and the necessary powers. This, too, is the moment to arrange the affair of extra duty with Batavia; and it might, I believe, be done here advantageously.

General Bernadotte, after waiting for weeks at Rochefort, has returned here, and I think it probable will not go out now, as his services may be required at home. Who will be appointed in his place I know not. Otto is still without office, but does not wish to be sent across the Atlantic.

I am, &c.,

Hon. JAMES MADISON.

R. R. LIVINGSTON.

Messrs. Livingston and Monroe to Mr. Madison.

PARIS, June 7, 1803.

SIR: We had the pleasure to forward to you by Mr. Jay, the ratification by the First Consul of the treaty and conventions which we concluded on the 30th of April with this Republic. We have heretofore forwarded to you the original instruments, and two copies by different ways, the original by Havre, under the care of Mr. Hughes, who sailed about two weeks since, expressly charged with that object, and instructed to proceed with the greatest possible despatch after his arrival in the United States, to the City of Washington, to deliver the same in person; the second by the way of England, under the care of Mr. Reed, son of the late President of Pennsylvania, who was instructed to forward it immediately on his arrival in England, by the most prompt and safe opportunity that offered; the third by Mr. Derieux, who sailed from Bordeaux. We flatter ourselves that you will receive those several communications in the course of the present month, and this by Mr. Jay early in July, as it is highly important that our Government should receive and act on the subject of them as soon as possible. The command of the sum stipulated for the cession to be paid to this Government being an object with them, is a motive for despatch, but it is not the only one: a late occurrence, which is suggested by the enclosed letter from M. Marbois, and our reply to it, has excited an anxiety on that point, which it was hoped and believed would not have grown out of the transaction. Several circumstances of late, especially the delay in granting us a passport for Mr. Jay to carry the ratifications to the United States, surprised us. We thought we could discern some symptoms of discontent in the Government with the bargain it had made. The letter from M. Marbois left no doubt on that head. We are convinced that if the transaction was not H. Doc. 431—14

complete, or was within the reach of the Government, that it would not take place even on terms very different from those stipulated. There is much reason to believe that this letter was not written solely for the purpose of manifesting a sentiment of regret at what had been done, but to create difficulties and embarrass the transaction in the execution of it.

On receiving this letter, we found ourselves placed in a situation of peculiar embarrassment, from personal as well as public considerations, which was much increased by a conference with the Minister of Foreign Affairs. We learned from him that the Consul considered the ratification as under his control till the exchange took place, and that he might annex to it such conditions as appeared to him to be proper; that he claimed every act stipulated on the part of the United States, to be performed strictly within the terms specified, or, on failure, that the parties be restored to the state they were in if the treaties were never made. We asked him what had created any doubt on that point: he said that the clause in the article of the convention respecting the payment of sixty millions of francs to France, which was made dependent on the delivery of possession of the country to our Commissary, might, by accident or other causes, become nugatory; the Spaniards might not surrender it at once, the British might take it, &c. We told him that these things were contemplated by the parties when the treaties were made, and provided for; that we could not add a new article to the treaty, or explain any one in it, since it must be explained by itself only; that delays which proceeded from bad faith were those only for which our Government was responsible; that such as were unavoidable attached to them no blame, and could not affect the treaty: he replied that, after the example of our Government in the last treaty, the Consul might nevertheless annex a condition to the ratification explanatory of his sense of it, which he would do if we did not satisfy him either with respect to the prompt manner in which the treaty would be executed by our Government, or agree to expunge the terms in that convention which respected taking possession of the territory. We did not fail to remark that the treaty must stand as it was to be adopted, rejected, or modified, by the parties having the right to do the same, not by us. Thus the affair was at a stand for a day or two, and it remained for us to decide what course we had better take to put it in motion.

After viewing it in all the lights in which it presented itself to our minds, we thought it best to reply to M. Marbois's letter in the terms of that which is enclosed, which you will perceive, even had we had the power to modify the instruments which were passed and beyond our reach, has in truth not affected them at all: the principles applied or insisted on in M. Marbois's letter are not admitted. We state that the Government is bound to execute the treaty and conventions in the

terms specified, which is no more than those instruments state, that our Government is answerable for neglect, and by strong and obvious implications for it only, which is the doctrine of the law of nations; and even in that case, that the right which arises from it of declaring how far the party injured will be bound by the treaty, is reciprocal, since, if our Government is willing to make compensation for the injury resulting from delay, it may equally insist on it. The remaining sentence in the letter states that we confine ourselves to the letter of the treaty, by which it is intended to exclude the construction of either party as the rule of interpretation for the other: this letter was accepted as satisfactory, and will, we presume, remove every difficulty to the execution of the treaty. We expect the order for the surrender of the country to be addressed to M. Pichon, in Washington, to be executed by him or by some person to be appointed by him, will be delivered to us to-morrow, and that Mr. Jay will take it with him with the ratification the day after to-morrow: had we pursued any other course, it is not easy to decide what the effect might have been. The First Consul in the moment of chagrin at what he may consider a bad bargain, (but which we think a good one for him, since he had better have given it away than held it with the expense attending the establishment by troops, which might occasion variance and wars with us,) might have so compromitted himself in opposition to the measure, as to have made the transaction, if not finally defeat the treaties, a cause of future discontent between the two nations, instead of what was contemplated by it, the establishment of perpetual peace, by the removal of every existing cause of variance which could possibly disturb it. The most favorable result that we could have expected was, that the ratification would have been forwarded to M. Pichon, with advice of the dissatisfaction of the First Consul with the treaties, and his desire to extricate himself from them, and with instructions not to exchange the ratifications, if any circumstance on our part, under the most rigid construction, would justify it. It is possible this may be still done: nevertheless, we think it important to put the engagements in a train of execution, without exciting ill-temper, in the belief that every stipulation may be executed in time, and that should the contrary occur by any accident or misfortune, it was the surest mode to prevent discussion and disagreement in the sequel.

It is our earnest wish and advice, if the treaties are approved by the President, that he convene Congress to provide the funds for an immediate compliance with them. It is best to leave nothing to hazard. The surrender of the posts ought to precede the creation of the fund; but as there will be no doubt on that point after taking the necessary measures, we would consider it as done, and act accordingly. If we execute our part strictly within the terms specified, the transaction is at an end; there will be no obstacle from this quarter.