i. question, Spain might not unfairly be considered as ceding back to France what France had ceded to her, inasmuch as the cession of it to Great Britain was made for the benefit of Spain, to whom, on that account, Cuba was restored. The effect was precisely the same as if France had, in form, made the cession to Spain, and Spain had assigned it over to Great Britain; and the cession may the more aptly be considered as passing through Spain, as Spain herself was a party to the treaty by which it was conveyed to Great Britain. In this point of view, not only France received back what she had ceded, but Spain ceded back what she had received, and the etymology even of the term “retrocede" is satisfied. This view of the case is the more substantially just, as the territory in question passed from France to Great Britain, for the account of Spain, but passed from Great Britain into the hands of Spain in 1783, in consequence of a war to which Spain had contributed but little compared with France, and in terminating which so favorably in this article for Spain, France had doubtless a preponderating influence. Thirdly, that if a course of proceeding might have existed to which the term "retrocede" would be more literally applicable, it may be equally said that there is no other particular term which would be more applicable to the whole proceeding, as it did exist. Fourthly. Lastly, that if this were not the case, a nice criticism on the etymology of a single term can be allowed no weight against a conclusion drawn from the clear meaning of every other term, and from the whole context.

In aid of these observations, I enclose herewith two papers, which have been drawn up with a view to trace and support our title to Louisiana in its extent to the Perdido. You will find in them, also, the grounds on which its western extent is maintainable against Spain, and its northern in relation to Great Britain.

On the whole, we reckon with much confidence on the obligations and dispositions of the French Government, to favor our object with Spain, and on your prudent exertions to strengthen our hold on both; not only in reference to the true construction of the treaty, but to our acquisition of the Spanish territory eastward of the Perdido on convenient and equitable conditions.

You will find herewith enclosed copies of another correspondence, sufficiently explaining itself, with the Marquis d'Yrujo, on the commerce from our ports to St. Domingo; to which is added a letter on that subject from M. Pichon. The ideas of the President, as well to the part which the true interest of France recommends to her, as to the part prescribed both to her and to the United States by the law of nations, were communicated in my letter of the 31st of January last. It is much to be desired that the French Government may enter into proper views on this subject.

With respect to the trade in articles not for war, there can not be a

doubt that the interest of France concurs with that of the United States. With respect to articles for war, it is, probably, the interest of all nations that they should be kept out of hands likely to make so bad a use of them. It is clear, at the same time, that the United States are bound by the law of nations to nothing further than to leave their offending citizens to the consequences of an illicit trade; and it deserves serious consideration, how far their undertaking, at the instance of one Power, to enforce the law of nations, by prohibitory regulations to which they are bound, may become an embarrassing precedent, and stimulate pretensions and complaints of other Powers. The French Government must be sensible, also, that prohibitions by one nation would have little effect, if others, including Great Britain, should not follow the example. It may be added, that the most which the United States could do in the case, short of prohibiting the export of contraband articles altogether, a measure doubtless beyond the expectations of France, would be to annex to the shipment of these articles a condition, that they should be delivered elsewhere than in St. Domingo, and that a regulation of this kind would readily be frustrated by a reshipment of the article after delivery elsewhere, in the same or other vessels, in order to accomplish the forbidden destination. If, indeed, the prohibitory regulations, on the part of the United States, were the result of a stipulation, and recommended by an equivalent concession, the objection to it as an inconvenient precedent would be avoided. If, for example, France would agree to permit the trade with Santo Domingo in all other articles, on condition that we would agree to prohibit contraband articles, no objection of that sort would lie against the arrangement; and the arrangement would, in itself, be so reasonable, on both sides, and so favorable, even to the people of Santo Domingo, that the President authorizes you not only to make it, if you find it not improper, the subject of a frank conference with the French Government, but to put it into the form of a conventional regulation; or, should this be objectionable, the object may be attained, perhaps, by a tacit understanding between the two Governments which may lead to the regulations on each side respectively necessary. Although a legal regulation, on our part, can not be absolutely promised, otherwise than by a positive and mutual stipulation, yet, with a candid explanation of this constitutional circumstance, there can be little risk in inspiring the requisite confidence that the legislative authority here would interpose its sanction.

It is the more important that something should be done in the case, and done soon, as the pretext, founded upon the supposed illegality of any trade whatever with the negroes in St. Domingo, is multiplying depredations on our commerce, not only with that island, but with the West Indies generally, to a degree highly irritating, and which is laying the foundations for the extensive claims and complaints on our

part. You will not fail to state this fact to the French Government in its just importance; as an agreement for some such arrangement as is above suggested, or if that be disliked, as requiring such other interposition of that Government as will put an end to the evil.

It is represented that a part of the depredations are committed by French armed vessels without commissions, or with commissions from incompetent authorities. It appears, also, that these lawless proceedings are connected with Spanish ports and subjects, probably Spanish officers, also, in the West Indies, particularly in the island of Cuba. So far as the responsibility of Spain may be involved, we shall not lose sight of it. An appeal, at the same time, to that of France, is as pressing as it is just; and you will please to make it in the manner best calculated to make it effectual.

In one of your letters you apprehended that the interest accruing from the delay of the Commissioners at Paris may be disallowed by the French Government, and wish for instructions on the subject. I am glad to find, by later communications from Mr. Skipwith, that the apparent discontent at the delay had subsided. But whatever solicitude that Government might feel for despatch in liquidating the claims, it would be a palpable wrong to make a disappointment in that particular a pretext for refusing any stipulated part of the claims. In a legal point of view, the treaty could not be in force until mutually ratified; and every preparatory step taken for carrying it into effect, however apposite or useful, must be connected with legal questions arising under the treaty.

In other parts of your correspondence, you seem to have inferred from some passage in mine, that I thought the ten millions of livres in cash, over which a discretion was given, ought to have been paid rather to France than to our creditor citizens. If the inference be just, my expressions must have been the more unfortunate as they so little accord with the original plan, communicated in the instructions to yourself and Mr. Monroe; the more unfortunate still, as they not only decide a question wrong, but a question which could never occur. The cash fund of ten millions was provided on the supposition, that, in a critical moment, and in a balance of considerations, the immediate payment of that sum, as a part of the bargain, might either tempt the French Government to enter into it, or to reduce the terms of it. If wanted for either of these purposes, it was to be paid to the French Government; if not wanted for either, it was made applicable to no other. The provision contemplated for the creditors had no reference to the fund of ten millions of livres; nor was it even contemplated that any other cash fund would be made applicable to their claims. It was supposed not unreasonable, that the ease of our Treasury and the chance and means of purchasing the territory remaining to Spain eastward of the Mississippi, might be so far justly consulted as to put the

indemnification of the claims against France on a like footing with that on which the indemnification of like claims against Great Britain had been put. And it was inferred, that such a modification of the payments would not only bave fully satisfied the expectations of the creditors, but would have encountered no objections on the part of the French Government, who had no interest in the question, and who were precluded by all that had passed from urging objections of any other sort.

Congress adjourned on Tuesday, the 27th of March, to the first Monday in November next. Copies of their laws will be forwarded to you as soon as they issue from the press. For the present, I enclose herewith a list of all their acts, and copies of a few of them, particularly of the acts providing for the government of Louisiana, and for the war in the Mediterranean. The former, it is hoped, will satisfy the French Government of the prudent and faithful regard of the Government of the United States to the interest and happiness of the people transferred into the American family.

I have the honor to be, &c..

ROBERT R. LIVINGSTON, Esq.

President's Message.

JAMES MADISON.

To the Senate and House of Representatives of the United States: In execution of the act of the present session of Congress for taking possession of Louisiana, as ceded to us by France, and for the temporary government thereof, Governor Claiborne of the Mississippi Territory, and General Wilkinson, were appointed Commissioners to receive possession. They proceeded, with such regular troops as had been assembled at Fort Adams from the nearest posts, and with some militia of the Mississippi Territory, to New Orleans. To be prepared for anything unexpected which might arise out of the transaction, a respectable body of militia was ordered to be in readiness in the States of Ohio, Kentucky, and Tennessee, and a part of those of Tennessee was moved on to the Natchez. No occasion, however, arose for their services. Our Commissioners, on their arrival at New Orleans, found the Province already delivered by the Commissaries of Spain to that of France, who delivered it over to them on the 20th day of December, as appears by their declaratory act accompanying this. Governor Claiborne, being duly invested with the powers heretofore exercised by the Governor and Intendant of Louisiana, assumed the government on the same day, and, for the maintenance of law and order, immediately issued the proclamation and address now communicated.

On this important acquisition, so favorable to the immediate interests of our Western citizens, so auspicious to the peace and security

of the nation in general, which adds to our country territories so extensive and fertile, and to our citizens new brethren to partake of the blessings of freedom and self-government, I offer to Congress and our country my sincere congratulations.

JANUARY 16, 1804.

TH. JEFFERSON.

Articles of Exchange of Possession.

CITY OF NEW ORLEANS, December 20, 1803.

SIR: We have the satisfaction to announce to you that the Province of Louisiana was this day surrendered to the United States by the Commissioner of France; and to add, that the flag of our country was raised in this city amidst the acclamations of the inhabitants.

The enclosed is a copy of an instrument of writing, which was signed and exchanged by the Commissioners of the two Governments, and is designed as a record of this interesting transaction. Accept assurances of our respectful consideration.

WM. C. C. CLAIBORNE.
JAMES WILKINSON.

JAMES MADISON,

Secretary of State.

The undersigned, William C. C. Claiborne and James Wilkinson, commissioners or agents of the United States, agreeably to the full powers they have received from Thomas Jefferson, President of the United States, under date of the 31st October, 1803, and twenty-eighth year of the independence of the United States of America, (8th Brumaire, 12th year of the French Republic,) countersigned by the Secretary of State, James Madison, and citizen Peter Clement Laussat, Colonial Prefect and Commissioner of the French Government, for the delivery, in the name of the French Republic, of the country, territories, and dependencies of Louisiana, to the commissioners or agents of the United States, conformably to the powers, commission, and special mandate which he has received, in the name of the French people, from citizen Bonaparte, First Consul, under date of the 6th June, 1803, (17th Prairial, eleventh year of the French Republic.) countersigned by the Secretary of State, Hugues Maret, and by his Excellency the Minister of Marine and Colonies, Decres, do certify by these presents, that on this day, Tuesday, the 20th December, 1803, of the Christian era, (28th Frimaire, twelfth year of the French Republic,) being convened in the hall of the Hotel de Ville of Orleans, accompanied on both sides by the Chiefs and Officers of the Army and Navy, by the municipality and divers respectable citizens of their respective