and it is possible she may refuse possession, and that this may bring on acts of force. But against such neighbors as France there, and the United States here, what she can expect from so gross a compound of folly and false faith, is not to be sought in the book of wisdom. She is afraid of her enemies in Mexico; but not more than we are. Our policy will be, to form New Orleans, and the country on both sides of it on the Gulf of Mexico, into a State; and, as to all above that, to transplant our Indians into it, constituting them a Marechaussee to prevent emigrants crossing the river, until we shall have filled up all the vacant country on this side. This will secure both Spain and us as to the mines of Mexico, for half a century, and we may safely trust the provisions for that time to the men who shall live in it.

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President Jefferson to Mr. Livingston.

WASHINGTON, November 4, 1803. DEAR SIR,-A report reaches us this day from Baltimore, (on probable, but not certain grounds,) that Mr. Jerome Bonaparte, brother of the First Consul, was yesterday married to Miss Patterson, of that city. The effect of this measure on the mind of the First Consul, is not for me to suppose; but as it might occur to him prima facie, that the Executive of the United States ought to have prevented it, I have thought it advisable to mention the subject to you, that, if necessary, you may by explanations set that idea to rights. You know that by our laws, all persons are free to enter into marriage, if of twenty-one years of age, no one having a power to restrain it, not even their parents; and that under that age, no one can prevent it but the parent or guardian. The lady is under age, and the parents, placed between her affections, which were strongly fixed, and the considerations opposing the measure, yielded with pain and anxiety to the former. Mr. Patterson is the President of the Bank of Baltimore, the wealthiest man in Maryland, perhaps in the United States, except Mr. Carroll; a man of great virtue and respectability; the mother is the sister of the lady of General Samuel Smith; and, consequently, the station of the family in society is with the first in the United States. These circumstances fix rank in a country where there are no hereditary titles.

Your treaty has obtained nearly a general approbation. The federalists spoke and voted against it, but they are now so reduced in their numbers as to be nothing. The question on its ratification in the Senate was decided by twenty-four against seven, which were ten more than enough. The vote in the House of Representatives for making provision for its execution was carried by eighty-nine against twenty-three, which was a majority of sixty-six, and the necessary bills are going through the Houses by greater majorities. Mr. Pichon,

according to instructions from his government, proposed to have added to the ratification a protestation against any failure in time or other circumstances of execution, on our part. He was told, that in that case we should annex a counter protestation, which would leave the thing exactly where it was. That this transaction had been conducted, from the commencement of the negociation to this stage of it, with a frankness and sincerity honorable to both nations, and comfortable to the heart of an honest man to review; that to annex to this last chapter of the transaction such an evidence of mutual distrust, was to change its aspect dishonorably for us both, and contrary to truth as to us; for that we had not the smallest doubt that France would punctually execute its part; and I assured Mr. Pichon that I had more confidence in the word of the First Consul than in all the parchment we could sign. He saw that we had ratified the treaty; that both branches had passed, by great majorities, one of the bills for execution, and would soon pass the other two; that no circumstances remained that could leave a doubt of our punctual performance; and like an able and an honest minister, (which he is the highest degree,) he undertook to do what he knew his employers would do themselves, were they here spectators of all the existing circumstances, and exchanged the ratifications purely and simply: so that this instrument goes to the world as an evidence of the candor and confidence of the nations in each other, which will have the best effects. This was the more justifiable, as Mr. Pichon knew that Spain had entered with us a protestation against our ratification of the treaty, grounded, first, on the assertion that the First Consul had not executed the conditions of the treaties of cession; and, secondly, that he had broken a solemn promise not to alienate the country to any nation. We answered, that these were private questions between France and Spain, which they must settle together; that we derived our title from the First Consul, and did not doubt his guarantee of it; and we, four days ago, sent off orders to the Governor of the Mississippi territory and General Wilkinson to move down with the troops at hand to New Orleans, to receive the possession from Mr. Laussat. If he is heartily disposed to carry the order of the Consul into execution, he can probably command a volunteer force at New Orleans, and will have the aid of ours also, if he desires it, to take the possession, and deliver it to us. If he is not so disposed, we shall take the possession, and it will rest with the government of France, by adopting the act as their own, and obtaining the confirmation of Spain, to supply the non-execution of their stipulation to deliver, and to entitle themselves to the complete execution of our part of the agreements. In the meantime, the Legislature is passing the bills, and we are preparing everything to be done on our part towards execution; and we shall not avail ourselves of the three months' delay after possession of

the province, allowed by the treaty for the delivery of the stock, but shall deliver it the moment that possession is known here, which will be on the eighteenth day after it has taken place.

* * *

Mr. Madison to Mr. Marbois.

DEPT OF STATE, Nov" 4, 1803.

Sir, I received your favor of the 21 prairial, with a pleasure which is redoubled by the consideration that I am able, in acknowledging it, to inform you of the formal approbation of the late Treaty, and by every branch of our Government. The event establishes, I hope forever, perfect harmony between the two Countries. It is the more likely to do so, as it is founded in a policy, coeval with their political relations, of removing as much as possible all sources of jealousy and collision. The frankness and uprightness which marked the progress of this transaction are truly honorable to all concerned in it; and it is an agreeable circumstance that, in the exchange of ratifications, it was closed in the same spirit of mutual confidence, Mr. Pichon inferring, doubtless with the truest reason, that an unqualified exchange, under actual circumstances, would best accord with the real views of his Government.

It remains now to compleat the work by an honest execution of the mutual stipulations. On our part, the sequel will certainly correspond with the good faith and prompt arrangements thus far pursued; and full reliance is placed on the reciprocal disposition of your Government, of which so many proofs have been seen.

The interposition of Spain is an incident not more unexpected than it is unreasonable. It is to be wished that it may terminate without any serious consequences, even to herself. Whatever turn it may take, the honor of the French Government guaranties the object at which our measures are pointed; and the interest of France will equally lie in making the fruits of these measures hers, as well as ours.

Mr. Madison to Mr. Livingston.

DEPARTMENT OF STATE, November 9, 1803. SIR: In my letter of the 22d ultimo, I mentioned to you that the exchange of the ratifications of the treaty and conventions with France, had taken place here, unclogged with any conditions or reserve. Congress has since passed an act to enable the President to take possession of the ceded territory, and to establish a temporary Government therein. Other acts have been passed for complying with the pecuniary stipulations of those instruments. The newspapers enclosed will inform you of these proceedings.

By the post which left this city for Natchez on Monday last, a joint and several commission was forwarded to Governor Claiborne and General Wilkinson, authorizing them to receive possession of and occupy those territories, and a separate commission to the former as temporary Governor. The possibility suggested, by recent circumstances, that delivery may be refused at New Orleans on the part of Spain, required that provision should be made as well for taking as receiving possession. Should force be necessary, Governor Claiborne and General Wilkinson will have to decide on the practicability of a coup de main without waiting for the reinforcements, which will require time on our part, and admit of preparations on the other. The force provided for this object is to consist of the regular troops near at hand, as many of the militia as may be requisite, and can be drawn from the Mississippi Territory, and as many volunteers from any quarter as can be picked up. To them will be added 500 mounted militia from Tennessee, who, it is expected, will proceed to Natchez with the least possible delay.

M. Pichon has, in the strongest manner, pressed on M. Laussat, the French Commissary appointed to deliver possession, the necessity of co-operating in these measures of compulsion, should they prove necessary by the refusal of the Spanish officers to comply without them. On the 8th of October it was not known, and no indications have been exhibited at New Orleans, of a design, on the part of Spain, to refuse or oppose the surrender of the province to France, and thereby to us. With high respect and consideration, &c.

ROBERT R. LIVINGSTON, Esq.

JAMES MADISON.

P. S.—The President approves of the individuals appointed as commissioners to liquidate the claims payable under the convention of the 30th of April last. But as it now appears that difficulties have arisen, and are likely to increase, respecting the true construction of that instrument, and especially as it seems more than possible that the twenty millions allotted for the payments to be made under it, may be insufficient to cover all which, in equity, and by a sound interpretation, ought to be included, it is the desire of the President you apply to the French Government for its consent to suspend the issuing of any drafts upon the awards which may be given, until it is ascertained whether the twenty millions be sufficient or not, and with a view to give time for such mutual explanations and arrangements as may tend to effectuate the true spirit and object of the convention. In taking this step, you will refer yourself to the further communications you are to expect from your Government upon the subject; the application you may make upon it to that of France being intended only as a preliminary to a further development.

Mr. Livingston to Mr. Madison.

PARIS, November 15, 1803.

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SIR: I have only within these few days been honored by your letter to me of the 29th July, by way of Hamburg, together with one of the same date to Mr. Monroe, which I have sent to him by Mr. American gentleman, by the way of Holland, none more direct offering here, as the intercourse is very strictly forbidden. I shall make the communication you direct, of Mr. Pichon's note, and your reply, relative to the flag of the Italian Republic. It appears to me, however, that this notice rather recommends than supersedes the propriety of a direct recognition of the First Consul, and the compliment of a commission, upon the principle I have mentioned; but of this, the President is the best judge. The letters you have received since the date of yours, you will find have anticipated your direction relative to information on the subject of West Florida, since they refer to documents and historic facts that it will be easy to adduce. As I presume you will have no trouble on this ground, I do not think it necessary to put you to the expense of procuring original papers. Should it happen otherwise, I shall obey your orders; and if any negotiation is necessary at Madrid, I shall transmit to Mr. Pinckney all the proofs I can collect; and I think they will be too numerous to admit of doubt, especially taken in connexion with the letter of the Spanish Minister to Mr. Pinckney, of which a copy has been transmitted to you. The moment is so favorable for taking possession of that country, that I hope it has not been neglected even though a little force should be necessary to effect it. Your Minister must find the means to justify it. I have seen, as you mention, a publication of my memoir on the subject of Louisiana. But, as it is not an official paper, as it is not signed or delivered in my public character, I do not see that it can ever be noticed on this side of the water as such; besides that, there is nothing in it relative to Britain that has not been told them officially by our Government and by almost every maritime Power in Europe, on the subject of their vexations at sea. Nor can they blame any endeavor of mine to effect the objects of my country, by such arguments as I thought would have weight here. It could hardly be expected that this paper could be secret; since, as I informed you at the time, I had delivered printed copies of it, not only to the First and other Consuls, and to the French Ministers, but to most of those persons who I believed would be consulted upon the occasion. A few were also sent to America, with injunctions, however, not to publish them. I am very sorry a bad translation of it has found its way the papers, though it may serve, in some measure, to justify the President's appointment of me, by showing that I had not been inattentive to the great interests of my country. The zeal of our friends often

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