ing, although I have nothing particular for the subject of it. It is well, however, to be able to inform you, generally, through a safe channel, that we stand completely corrected of the error, that either the government or the nation of France has any remains of friendship for us. The portion of that country which forms an exception, though respectable in weight, is weak in numbers. On the contrary, it appears evident, that an unfriendly spirit prevails in the most important individuals of the government, towards us. In this state of things, we shall so take our distance between the two rival nations, as, remaining disengaged till necessity compels us, we may haul finally to the enemy of that which shall make it necessary. We see all the disadvantageous consequences of taking a side, and shall be forced. into it only by a more disagreeable alternative; in which event, we must countervail the disadvantages by measures which will give us splendor and power, but not as much happiness as our present system. We wish, therefore, to remain well with France. But we see that no consequences, however ruinous to them, can secure us with certainty against the extravagance of her present rulers. I think, therefore, that while we do nothing which the first nation on earth would deem crouching, we had better give to all our communications with them a very mild, complaisant, and even friendly complexion, but always independent. Ask no favors, leave small and irritating things to be conducted by the individuals interested in them, interfere ourselves but in the greatest cases, and then not push them to irritation. No matter at present existing between them and us is important enough to risk a breach of peace; peace being indeed the most important of all things for us, except the preserving an erect and independent attitude. Although I know your own judgment leads you to pursue this line identically, yet I thought it just to strengthen it by the concurrence of my own.

* * *

[Extract.]

James Madison, Secretary of State, to Robert R. Livingston, Minister to

France.

DEPARTMENT OF STATE, October 15, 1802. The suspense which has taken place in relation to Louisiana and the Floridas is favorable to the efforts for diverting the French Government from its unwise project. Whether we regard the sentiments prevailing in this country on the subject, or the striking tendencies of the project itself, no pains ought to be spared for putting an end to it. If the occasion can be so improved as to obtain for the United States, on convenient terms, New Orleans and Florida, the happiest of issues will be given to one of the most perplexing of occurrences. I postpone more particular remarks on this subject until the President shall

know the impressions on the French Councils, resulting from the views of it to which you will be led by the despatches, of which Mr. Dupont was the bearer.

President's Message.

GENTLEMEN OF THE HOUSE OF REPRESENTATIVES:

I now transmit a report from the Secretary o State, with the information requested in your resolution of the 17th instant.

In making this communication I deem it proper to observe that I was led by the regard due to the rights and interests of the United States, and to the just sensibility of the portion of our fellow-citizens more immediately affected by the irregular proceeding at New Orleans, to lose not a moment in causing every step to be taken which the occasion claimed from me; being equally aware of the obligation to maintain, in all cases, the rights of the nation, and to employ, for that purpose, those just and honorable means which belong to the character of the United States.

DECEMBER 22, 1802.

TH. JEFFERSON.

Report of the Secretary of State to the President.

DEPARTMENT OF STATE, December 21, 1802. The Secretary of State, to whom the resolution of the House of Representatives of the United States of the 17th instant was referred by the President, has the honor to enclose to him the letters and communications annexed, from the Governor of the Mississippi Territory, the Governor of Kentucky, and from William E. Hulings, formerly appointed Vice-Consul of the United States at New Orleans. In addition to this information on the subject of the resolution, it is stated, from other sources, that, on the 29th of October, American vessels from sea remained under the prohibition to land their cargoes; and that the American produce carried down the Mississippi could be landed only on paying a duty of 6 per cent; with an intimation that this was a temporary permission. Whether, in these violations of treaty, the officer of Spain at New Orleans has proceeded with or without orders from his Government, can not as yet be decided by direct and positive testimony; but it ought not to be omitted in the statement here made, that other circumstances concur with the good faith and friendship otherwise observed by His Catholic Majesty, in favoring a belief that no such orders have been given.

JAMES MADISON.

Mr. Hulings's Statement.

NEW ORLEANS, October 18, 1802. SIR: I have the honor to enclose you an extract from a decree this day published by the Intendant of the Province of Louisiana, by which you will see that the Americans are no longer permitted to deposit their merchandise in this city. No information of any other place being appropriated for an American deposit is yet given; nor have we any reason to hope that the Government has such place in view. The season for the cotton from the Natchez, and other produce from the settlements higher up to come down, approaches. The difficulties and risks of property that will fall on the citizens of the United States, if deprived of their deposit, are incalculable; their boats being so frail, and so subject to be sunk by storms, that they can not be converted into floating stores, to wait the arrival of sea vessels to carry away their cargoes.

The port is also this day shut against foreign commerce, which can only be carried on by Spanish subjects, in Spanish bottoms.

I am, sir, with greatest respect,

Hon. JAMES MADISON, Secretary of State.

WM. E. HULINGS.

[Extract.]

Proclamation of Juan Ventura Morales, Intendant at New Orleans.

As long as it was necessary to tolerate the commerce of neutrals which is now abolished, it would have been prejudicial to the province had the Intendant, in compliance with his duty, prevented the deposit in this city, of the property of the Americans, granted to them by the twenty-second article of the Treaty of Friendship, Limits, and Navigation, of the 27th of October, 1795, during the limited term of three years.

With the publication of the ratification of the Treaty of Amiens and the reestablishment of the communication between the English and Spanish subjects, that inconvenience has ceased. Considering that the twenty-second article of the said treaty takes from me the power of continuing the toleration which necessity required; since, after the fulfillment of the said term, this Ministry can no longer consent to it without an express order of the King; therefore, and without prejudice to the exportation of what has been admitted in proper time, I order, that from this date, the privilege which the Americans had of importing and depositing their merchandise and effects in this capital, shall be interdicted: and, that the foregoing may be publicly known, and that nobody may allege ignorance, I order it to be pub

lished in the usual places, copies to be posted up in the public sitioes; and that the necessary notice be given of it to the officers of finance, the administrator of rents, and otherwise, as may be necessary.

The present being given under my hand, and countersigned by the underwritten notary of finance pro tempore, in the office of Intendancy of New Orleans, October 16, 1802.

By order of the Intendant:

PEDRO PEDESCLAUX.

JUAN VENTURA MORALES.

Governor Claiborne to the Secretary of State.

NEAR NATCHEZ, October 18, 1802.

SIR: I have the honor to enclose you a letter which I last evening received from Mr. William E. Hulings, together with a translation of an extract from a publication made by Juan Ventura Morales, Intendant of the Province of Louisiana, etc., dated October 16, 1802. These dispatches announce that the port of New Orleans is shut against foreign commerce, and also the American deposit.

Not understanding from the Intendant's proclamation whether or not another place on the banks of the Mississippi had been assigned by His Catholic Majesty, (in conformity with our treaty with Spain,) for "an equivalent establishment," I have, by letter, (a copy of which is inclosed), requested information upon this point, from the GovernorGeneral of the Province of Louisiana: when his answer is received it shall be forwarded to you.

The late act of the Spanish Government at New Orleans has excited considerable agitation at Natchez and its vicinity. It has inflicted a severe wound on the agricultural and commercial interests of this Territory, and will prove no less injurious to all the Western country.

There being at present an interruption in the post between this Territory and Tennessee, and supposing it of importance that the Government should be early apprized of the late event at New Orleans, I have forwarded this letter by express to Nashville, where it will be deposited in the mail.

I am, sir, etc.,

Hon. SECRETARY OF STATE, U. S.

WM. C. C. CLAIBORNE.

Mr. Hulings to Governor Claiborne.

NEW ORLEANS, October 18, 1802.

SIR: I have to announce to you that this day the port is shut against foreign commerce, and not against foreign commerce only, but against

the American deposit in this city. In the decree posted up in the public places, no mention is made of any other place appointed for a deposit. You will use this information as you may think proper.

I am, with great respect, etc.,

WM. C. C. CLAIBORNE,

Governor Mississippi Territory.

WM. E. HULINGS.

Governor Claiborne to the Governor-General of Louisiana.

NATCHEZ, October 28, 1802.

SIR: I was this day informed that, in a proclamation issued on the 16th instant by the Intendant of the Province of Louisiana, it was announced, "That the citizens of the United States should no longer be permitted to deposit their merchandises and effects in the port of New Orleans."

Information of an event so immediately interesting to the citizens of the United States led me to peruse attentively "the Treaty of Friendship, Limits, and Navigation between the United States of America and the King of Spain," and, upon adverting to the twentysecond article, I found it expressly declared that, "His Catholic Majesty will permit the citizens of the United States, for the space of three years from this time, to deposit their merchandises and effects in the port of New Orleans, and to export them from thence, without paying any other duty than a fair price for the hire of the stores; and His Majesty promises either to continue this permission, if he finds, during that time, that it is not prejudicial to the interests of Spain, or, if he should not agree to continue it, then he will assign to them, on another part of the banks of the Mississippi, an equivalent establishment." I have here quoted the words of the treaty, and find them too explicit to reqire comment, or to admit of a doubtful construction.

If, therefore, His Catholic Majesty has discontinued his permission to the citizens of the United States to deposit their merchandises and effects at the port of New Orleans, will your Excellency be good enough to inform me whether any, and what, other place on the banks of the Mississippi has been assigned (in conformity to the treaty) for “an equivalent establishment?" The subject of this inquiry is so interesting to the commerce of the United States and to the welfare of her citizens, that I must request your excellency to favor me with an early

answer.

Accept assurances of my great respect and high consideration. WM. C. C. CLAIBORNE.

His Excellency MANUEL DE SALVADO,

Governor-General of Louisiana.