I am, dear sir, with the most respectful consideration, your most obedient servant,

JAMES MADISON, Secretary of State.

R. R. LIVINGSTON.

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

PARIS, November 11, 1802.

SIR: After writing mine of this date, I called on the Minister and insisted on some positive answer to my notes. He told me that he was expressly instructed by the First Consul to give me the most positive assurances that the treaties we had entered into with Spain or them, relative to Louisiana, should be strictly observed. When I expressed my surprise that their officers should not be informed on that head, though on the eve of departing, he assured me that they would be furnished with copies of the treaties, and directed to conform strictly to them. I asked why these assurances were not given to me in the usual form, by replying to my notes? He said that he hoped that there would be no difficulty on that head, when the Consul should arrive (he is now absent). I have stated this that you might, by comparing this conversation with the contents of the letter, and the information derived from Clarke's conversation with the General, draw your own inferences. I shall endeavor to-day to see J. Bonaparte, though he has all along assured me that it was the Consul's intention to cultivate our friendship, and by no means to do anything that would endanger it. It will, however, be well to be on our guard, and, above all, to re-enforce the Natchez, and to give it every possible commercial advantage. If we can put ourselves in the situation to prevent the danger of hostility, I think we may hope that the dissatisfaction of inhabitants, the disappointment of officers, and the drain of money which the establishment will occasion, will facilitate our views after a very short time.

I am, dear sir, with the most respectful consideration, your most obedient servant,

Hon. JAMES MADISON,

Secretary of State.

ROBERT R. LIVINGSTON.

P. S.-In my letter to the President, I informed him that General Bournonville had gone post to Spain, and that I had reason to think he had it in charge to obtain the Floridas. I know that he went with the greatest speed; accordingly, on his very first conference, he proposed to Spain to relinquish Parma and Placentia for the Flori

das.

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But Spain may be forced to give them, though she should not like the exchange. You see by this how much it is a favorite object with the First Consul, and judge from thence of our prospects. What effect the news from St. Domingo may have I know not. The army there is reduced to 1,200 effectives. Other particulars you will have more correctly than we have here.

The Consul is still absent, but daily expected. Lord Whitworth is on his way from Calais, and will be here to-morrow.

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

State.

PARIS, November 14, 1802.

In addition to my last, (duplicates enclosed,) I have obtained accurate information of the offer to Spain. It is either to sell them Parma for forty-eight millions of livres, or to exchange it for Florida. You see by this the value they put on Florida. I fear Spain will accede to their proposition. Lord Whitworth has arrived. The affairs of Switzerland are in a train to be settled as France thinks proper; the Diet being dissolved and deputies appointed to come to Paris. Sweden has made a peace with Tripoli, for which she pays one hundred and fifty thousand dollars. The Emperor is not yet satisfied with the indemnities, and there are many symptoms of change in the politics of Russia.

Mr. Madison, Secretary of State, to Charles Pinckney, Minister to Spain. DEPARTMENT OF STATE, November 27, 1802.

A letter from a confidential citizen at New Orleans, a copy of which is enclosed, has just informed us that the Intendant, at that place, by a proclamation, from which an extract is also enclosed, had prohibited the deposit of American effects stipulated by the Treaty of 1795; and, as the letter is interpreted, that the river was also shut against the external commerce of the United States from that port. Whether it be the fact or not that this latter prohibition has also taken place, it is evident that the useful navigation of the Mississippi so essentially depends on a suitable depository for the articles of commerce, that a privation of the latter is equivalent to a privation of both.

This proceeding is so direct and palpable a violation of the Treaty of 1795, that, in candor, it is to be imputed rather to the Intendant solely than to instructions of his Government. The Spanish Minister takes pains to impress this belief, and it is favored by private accounts from New Orleans, mentioning that the Governor did not concur with the Intendant. But, from whatever source the measure may have proceeded, the President expects that the Spanish Government will neither

lose a moment in countermanding it, nor hesitate to repair every damage which may result from it. You are aware of the sensibility of our Western citizens to such an occurrence. This sensibility is justified by the interest they have at stake. The Mississippi is to them everything. It is the Hudson, the Delaware, the Potomac, and all the navigable rivers of the Atlantic States, formed into one stream. The produce exported through that channel last year amounted to one million six hundred and twenty-two thousand six hundred and seventytwo dollars from the districts of Kentucky and Mississippi only, and will probably be fifty per cent. more this year, (from the whole Western country. Kentucky alone has exported, for the first half of this year, five hundred and ninety-one thousand four hundred and thirty-two dollars in value,) a great part of which is now, or shortly will be, afloat for New Orleans, and consequently exposed to the effects of this extraordinary exercise of power. Whilst you presume, therefore, in your representations to the Spanish Government that the conduct of its officer is no less contrary to its intentions than it is to its good faith, you will take care to express the strongest confidence that the breach of the treaty will be repaired in every way which justice and a regard for a friendly neighborhood may require.

I have communicated the information received from New Orleans to the Chevalier d'Yrujo, with a view to obtain his immediate interposition, as you will find by the enclosed copy of a letter to him. He readily undertakes to use it with all the effect he can give it by writing immediately on the subject to the local authority at New Orleans. I shall write at the same time to Mr. Hulings, who will enforce, as far as he may have an opportunity, the motives for recalling the unwarrantable prohibitions. It is to be hoped that the Intendant will be led to see the error which he has committed, and to correct it before a very great share of its mischief will have happened. Should he prove as obstinate as he has been ignorant or wicked, nothing can temper the irritation and indignation of the Western country, but a persuasion that the energy of their own Government will obtain from the justice of that of Spain the most ample redress.

It has long been manifest that, whilst the injuries to the United States, so frequently occurring from the colonial officers scattered over our hemisphere, and in our neighborhood, can only be repaired by a resort to their respective Sovereigns in Europe, that it will be impossible to guard against most serious inconveniences. The instance before us strikes with peculiar force, and presents an occasion on which you may advantageously suggest to the Spanish Government the expediency of placing in their Minister on the spot, an authority to control or correct the mischievous proceedings of their colonial officers towards our citizens; without which any one of fifteen or twenty individuals, not always among either the wisest or best of men, may,

at any time, threaten the good understanding of the two countries. The distance between the United States and the old continent, and the mortifying delays of explanations and negotiations across the Atlantic on emergencies in our neighborhood, render such a provision indispensable, and it can not be long before all the Governments of Europe, having American colonies, must see the policy of making it.

Extract from the Message of the President of the United States to Congress. DECEMBER 15, 1802.

The cession of the Spanish province of Louisiana to France, which took place in the course of the late war, will, if carried into effect, make a change in the aspect of our foreign relations, which will doubtless have just weight in any deliberations of the Legislature connected with that subject.

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

PARIS, December 20, 1802. SIR: I have received your favor by Mde. Broniau, and had, as you will find, anticipated your wishes in finding another manual to the First Consul. The consequence of which is, that I have, at this moment, a very strong memorial under his eye, and some projects which appear to be well received. But the subject is too delicate to treat here; when a safe conveyance offers I shall write to you more at large. The Minister has changed his conduct much for the better, either because of our late difference, or because he suspects that I have another passage to the First Consul. France has not yet got Florida; but there is not much doubt that her negotiations on this subject will succeed, as Parma is a favorite object with Spain. Pray be explicit in the amount of what I may offer, and consider the value of the country-its importance to peace-the expensive establishment it will save, and its intrinsic worth, from the price of the land and actual revenue. I do not, however, mean that you should infer from this that my prospects of obtaining the object are great, because I find, as Mr. Talleyrand told me yesterday, the First Consul entêté with this project. But I have made so many converts, that I would wish, in case favorable circumstances should arise, to know how to act. If left to myself I may go beyond the mark. General politics you will collect from the papers I send. I have mentioned that the storm in England will blow over for the present; and the peace will not be lasting. The armament for Louisiana has not yet sailed; the civil officers are yet here, if I am rightly informed by the Minister from whom I had it yesterday.

H. Doc. 431—5

The necessity of my sending this immediately prevents my adding anything but the assurance of the highest esteem.

I have the honor to be, sir, your most obedient and humble servant, ROBERT R. LIVINGSTON.

P. S. December 23.-The armament has not yet sailed; Florida not ceded; more hesitation and doubt on the subject than I have yet observed. I have, in a private memoir under the Consul's eye, touched a string that has alarmed them. I can not now explain. The Minister knows nothing of this. Set on foot negotiation fixing our bound with Britain, but by no means conclude until you hear from me that all hope here is lost. It is an important card in my hands, and must, for the present, at least, be somewhat under my control. Do not absolutely despair, though you may have no great reason to hope should New Orleans be possessed by a small force.

This letter goes by the way of England by Mr. Murray, who has not allowed me time to give it you in any better dress. I must wait for some more direct conveyance to write fully to you.

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

France.

DEPARTMENT OF STATE,

December 23, 1802.

SIR: In the latter end of last month we received information from New Orleans of the interdiction of the deposit there for our merchandise, stipulated by the treaty with Spain, without an equivalent establishment being assigned. A copy of the Intendant's proclamation to that effect is enclosed. Private accounts render it probable that the Governor of the province openly dissented from that act; but private letters, of so late a date as the 29th of October, inform us that it is still enforced. The Legislature of Kentucky have voted a memorial to Congress complaining of it, and they will, probably, be followed by other portions of the Western people. Should it not be revoked before the time for the descent of the boats in the Spring, both the injury and irritation proceeding from it will be greatly increased. The House of Representatives passed a resolution on the 17th of this month, calling for information upon this subject, a copy of which, if it should be printed early enough, will be enclosed. The result of their deliberations can not be anticipated; but I may hazard the remark that, whilst we have no clear foundation on which to impute this infraction to orders from the Spanish Government, it would be contrary to the duty, policy, and character of our own to resort for redress in the first instance to the use of force.