Title: To James Madison from Robert R. Livingston and James Monroe, 13 May 1803
From: Livingston, Robert R.,Monroe, James
To: Madison, James

Sir,
Paris, May 13 1803.
We have the pleasure to transmit to you by Mr d’Erieux a Treaty which we have concluded with the french Republic for the Purchase & Cession of Louisiana. The negociation of this important object was committed on the part of France to Mr. Marbois, Minister of the Treasury, whose conduct therein has already received the Sanction of his Government, as appears by the Ratification of the first Consul, which we have also the pleasure to forward to you.
An acquisition of so great an extent was, we well Know, not contemplated by our appointment; but we are persuaded that the Circumstances and Considerations which induced us to make it, will justify us, in the measure, to our Government and Country.
Before the negociation commenced, we were apprised that the first Consul had decided to offer to the U. States by sale the whole of Louisiana, & not a part of it. We found in the outset that this information was correct; so that we had to decide as a previous question whether we would treat for the whole, or jeopardize, if not abandon the hope of acquiring any part. On that point, we did not long hesitate, but proceeded to treat for the whole. We were persuaded that by so doing, it might be possible, if more desirable to conclude eventually a Treaty for a part, since being thus possessed of the subject, it might be easy in discussion at least, to lead from a view of the whole to that of a part, and with some advantages peculiar to a negociation on so great a scale. By treating for the whole, whereby we should be enabled to ascertain the idea which was entertained by this Government of its value; we should also be able to form some estimate of that which was affixed to the value of its parts. It was too, probable that a less sum would be asked for the whole, if sold entire to a single Purchaser, a friendly Power who was able to pay for it, and whom it might be disposed to accomodate at the present juncture, than if it should be sold in parcels, either to several Powers or Companies of Individuals: it was equally so, if this Government should be finally prevailed on to sell us a part, that some regard would be paid in the price asked for it, to that which was demanded for the whole; lastly, by treating for the whole, whereby the attention of this Government would be drawn to the U. States, as the sole Purchasers, we might prevent the interference of other Powers, as also that of Individuals, which might prove equally injurious in regard to the price asked for it, whether we acquired the whole or any part of the Territory. We found, however, as we advanced in the negociation, that Mr. Marbois was absolutely restricted to the disposition of the whole; that he would treat for no less portion, and of Course that it was useless to urge it. On mature consideration therefore, we finally concluded a Treaty on the best terms we could obtain for the whole.
By this measure, we have sought to carry into effect to the utmost of our power the wise and benevolent Policy of our Government, on the Principles laid down in our instructions. The possession of the left bank of the River, had it been attainable alone, would, it is true, have accomplished much in that Respect; but it is equally true that it would have left much still to accomplish. By it our People would have had an outlet to the Ocean, in which no power would have a right to disturb them; but while the other bank remained in the possession of a foreign Power, circumstances might occur to make the neighbourhood of such Power highly injurious to us in many of our most important concerns. A divided Jurisdiction over the River might beget jealousies, discontents and dissentions which the wisest policy on our part could not prevent or controul. With a train of Colonial Governments established along the western bank, from the entrance of the river far into the interior, under the command of military men, it would be difficult to preserve that state of things which would be necessary to the Peace and tranquillity of our Country. A single act of a capricious, unfriendly or unprincipled subaltern might wound our best interests, violate our most unquestionable Rights, and involve us in war. But by this acquisition, which comprizes within our limits this great River and all the streams that empty into it, from their sources to the ocean, the apprehension of these disasters is banished for ages from the U. states. We adjust by it the only remaining Known cause of variance with this very powerful nation: we anticipate the discontent of the great rival of France, who would probably have been wounded at any stipulation of a permanent nature which favored the latter, and which it would have been difficult to avoid, had she retained the right bank. We cease to have a motive of urgency at least for inclining to one power, to avert the unjust pressure of another. We separate ourselves in a great measure from the European World & its concerns, especially its wars & intrigues. We make in fine a great stride to real and substantial independence, the good effect whereof will, we trust, be felt essentially and extensively in all our foreign & domestic Relations. Without exciting the apprehensions of any Power, we take a more imposing attitude, with respect to all. The Bond of our Union will be strengthened, and its movements become more harmonious by the encreased parity of interest which it will communicate to the several Parts which compose it.
In deliberating on this subject in a financial view, we were strongly impressed with the idea that while we had only a right of deposit, or indeed while the right bank remained in the possession of a foreign power, it was always to be expected that we should, at some time or other, be involved in war on questions resulting from that cause. We were well satisfied that any war would cost us more than hereby is stipulated to be given for this Territory; that none could produce a more favorable result while it might, especially in the present disturbed state of the world, prove the ruin of our affairs.
There were other considerations which, tho’ of minor importance, had nevertheless their due weight in our decision on this great question. If france, or any other Power holding the right bank of the River, imposed lighter duties than comported with the revenue system of the United States, supposing even that we had acquired the left bank, all the supplies destined for our extensive & populous settlements on the other side, would be smuggled in thro’ that Channel, and our revenue thereby considerably diminished. Should such Power open offices for the sale of lands on the western bank, our Population might be drained to the advantage of that Power, the price of our lands be diminished, and their sale prevented. But, by the possession of both banks, these evils are averted.
The terms on which we have made this acquisition, when compared with the objects obtained by it will, we flatter ourselves, be deemed advantageous to our Country. We have stipulated, as you will see by the Treaty and Conventions, that the United States shall pay to the french Government sixty millions of francs, in stock, bearing an interest of six per Cent., and a sum not exceeding twenty millions more to our citizens, in discharge of the debts due to them by France, under the Convention of 1800; and also to exempt the manufactures, Productions & Vessels of France and Spain, in the direct trade from those Countries respectively, in the ports of the ceded territory, from foreign duties, for the term of twelve years. The stock is to be created irredimable for fifteen years, and discharged afterwards in three, in equal annual instalments; the interest on it is to be paid in Europe, and the Principal, in case this Government thinks proper to sell it, disposed of in such manner as will be most conducive to the credit of the american funds. The Debts due to our citizens are to be discharged by Drafts on our Treasury. We omit a more minute view of the stipulations on these Instruments, since, as you will possess them, it is unnecessary.
Louisiana was acquired of Spain by France, in exchange for Tuscany, which latter is settled by Treaty on the son-in-law of the King of Spain, with the title of King of Etruria, and was estimated in the Exchange, in consideration of its revenue, at 100,000,000 francs. The first Consul thought he had made an advantageous bargain in that exchange, as appears by the high idea which he entertained of its value, as shewn on many occasions. Louisiana was the Territory which he promised in his proclamation at the Peace, as an asylum to those who had become unfortunate by the Revolution, and which he spoke of as vast & fertile. When he made up his mind to offer the Cession of it to the United States, it was contemplated to ask for it 100,000,000₶. exclusive of the debts they owed to our citizens, which they proposed we should also pay, with a perpetual exemption from foreign duties on the manufactures, Productions and Vessels of France and Spain, in the Ports of the ceded Territory. From that demand however, in respect to the sum, he receded, under the deliberation of his own Cabinet; for the first Proposition which Mr. Marbois made to us was that we should pay 80 millions, sixty of which in cash, the balance to our citizens, the whole in one year in Paris, with a perpetual exemption from foreign duties, as above. The modification in the mode of payment, that is by stock, for from the quantum he never would depart, and the limitation of the term of the duties to twelve years, with the proviso annexed to it, which was introduced into the Treaty, with every other change from his project, was the effect of negociation, and accomodation, in which we experienced on his part and that of his Government a promptitude & Candour which were highly grateful to us.
In estimating the real value of this Country to the United States, a variety of considerations occur, all of which merit due attention. Of these we have already noticed many of a general nature, to which however it may be difficult to fix a precise value. Others present themselves of a nature more definite, to which it will be more practicable to fix some standard. By possessing both Banks, the whole revenue or duty on imports will accrue to the United states, which must be considerable. The value of the exports, we have understood, was last year four millions of Dollars. If a portion only of the Imports pass thro’ that Channel as under our Government we presume they will, the amount of the revenue will be considerable. This will annually encrease in proportion as the Population and Productions in that quarter do. The value of the Lands in the province of Louisiana, amounting to some hundred millions of acres of the best quality, and in the best Climate, is perhaps incalculable. From either of these sources it is not doubted that the sum stipulated may be raised in time to discharge the debt.
We hope to be able to forward you herewith the order of this Government for the Delivery of the Possession of the ceded Territory to the U. States, or to communicate its arrangements for that Purpose, as also its views relative to the sale of the stock, since it is understood that their intention is to sell it. It has been intimated to us that the house of Baring, in London, connected with that of Hope in Holland, will take the whole at their risk, at the current price in England, on a Commission to be agreed on, paying to France a stipulated sum by the month. Their object is said to be, exclusive of that of making profit by it, to Keep up the Credit of our stock, they being much interested in it. Considering the great Capital of these houses, it is presumable that they would be able to comply with any engagement they might make to that effect. And it cannot be doubted that it would be more advantageous to us that the whole should be disposed of, than remain in the hands of France, who, under the pressure of difficulties, might have it less in her power to preserve or regard our Credit, in the disposition of it. We shall communicate with Mr. Marbois fully on this subject, and apprize you of the result.
We received some days past a Letter from Mr. King, in which he says that in case of war, which he deemed inevitable, the British Government contemplated taking possession of the Island of New-Orleans. He desired information to be communicated to that Government, whether it had been ceded to the U. States, as he presumed a Knowledge thereof would prevent the measure. We gave an immediate Reply to his Letter, in which we informed him that the whole of Louisiana had been ceded to the United States, which he was at liberty to communicate to the British Government. We likewise made the same Communication to Lord Whitworth, the British Ambassador here, who expressed himself to be well satisfied with the event.
These Countries, France & England, have been on the point of a rupture for some time past. At present, the Prospect of an accomodation is more remote, as the English Ambassador left Paris, at 10 o’clock last night. Still some hope of it is entertained by some Persons in power here. This nation is desirous of peace, and it is believed that its government is similarly disposed.
Permit us to express an earnest wish that the President and Senate may decide with the least possible delay on the Treaty & Conventions which we have concluded, & have the pleasure to transmit you. If it is the sense of our Governt. to ratify them, the sooner that fact is Known to this Government, the better its effect will be.
The list of the debts due by France to American Citizens not being yet prepared owing to Mr. Marbois absence from Paris to day, & the previous delays of the Offices, in which the evidencies [sic] were, cannot be sent by this Conveyance. In consequence we retain the original of the Convention to which it should be annexed & send a Copy of it. We shall forward in a day or two the Original. By the list it may be infer’d that the debts amount to a greater sum than they really do. They will be subject according to the Convention to the revision of our Board, by whom it is expected they will be reduced considerably. We have full confidence that including the Interest they will not exceed the sum of 20 Millions of francs, which is much to be desired, as in that case all our Citizens whose claims are entitled to the support of our Government, will be provided for and paid by it. You will observe that in the mode adopted considerable indulgence is given to our Treasury. The whole sum is to be paid there which will free it from embarrassment. We have the honor to be with great respect and esteem, Your very Hume Servants

Robt R Livingston
Jas. Monroe
P. S.
It was intended to have forwarded this by Mr. D’Erieux, but he being forced to leave Paris some days since on his way to Bordeaux, from whence he sails, we commit it to Mr. Hughs who will embark at Havre. We shall forward Tomorrow or next day an exempli[fi]cation of it by Bordeaux under the care of Mr. D’Erieux.

   RC (DNA: RG 59, DD, France, vol. 8); FC (NHi: Livingston Papers); letterbook copy (DLC: Monroe Papers). RC in a clerk’s hand, signed by Livingston and Monroe. Another copy of the letter (NHi: Livingston Papers), which does not include the postscript, is marked “For Mr. Potter.”

   Justin Pierre Plumard de Rieux (1756–1824) was one of Jefferson’s Albemarle County neighbors. He had married Maria Margarita Martini (or Martin), the stepdaughter of Philip Mazzei, and they lived for several years at Colle, Mazzei’s estate near Monticello, and in Charlottesville before moving to Goochland. De Rieux was returning from a visit he made to France to receive a bequest left him by his aunt, Madame Plumard de Bellanger (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 10:468 n. 1; Boyd, Papers of JeffersonJulian P. Boyd et al., eds., The Papers of Thomas Jefferson (26 vols. to date; Princeton, N.J., 1950—)., 19:602–3, 604 n.; WMQWilliam and Mary Quarterly., 1st ser. [1908–9]: 20; Wagner to JM, 17 Aug. 1803 [DLC]).

   The treaty and two conventions which make up the Louisiana Purchase agreements were dated 30 Apr. 1803 but were actually signed several days later (Livingston to Jefferson, 2 May 1803 [DLC: Jefferson Papers]; Hamilton, Writings of MonroeStanislaus Murray Hamilton, ed., The Writings of James Monroe … (7 vols.; New York and London, 1898–1903)., 4:17). For details of the documents, together with a description of the list of debts which was to have accompanied them, see Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:498–528.

   The FC and letterbook copy include the phrase “which was likely to disturb our harmony” here.

   After the refusal of French bankers to underwrite the purchase, the French government accepted Livingston and Monroe’s suggestion that the houses of Francis Baring & Company of London and Hope & Company of Amsterdam handle the financial arrangements. The contract between the two houses and the government was signed on 2 May 1803 (François Barbé-Marbois, The History of Louisiana, Particularly of the Cession of That Colony to the United States of America, ed. E. Wilson Lyon [1830; Baton Rouge, La., 1977 reprint], pp. 308–9; J. E. Winston and R. W. Colomb, “How the Louisiana Purchase Was Financed,” La. Historical Quarterly, 12 [1929]: 215–18).

   King’s letter was dated 7 May 1803. Livingston and Monroe wrote on 9 May 1803 (copy, DNA: RG 59, DD, France, vol. 9; filed at the end of January 1804) asking King to inform the British government in case of war that New Orleans and the whole of Louisiana had been ceded to the U.S. and that care had been taken in the treaty to preserve British navigation rights on the Mississippi (Edward Alexander Parsons, ed., The Original Letters of Robert R. Livingston, 1801–1803 [New Orleans, 1953], p. 62).


Title: To James Madison from Rufus King, 13 May 1803 (Abstract)
From: King, Rufus
To: Madison, James

13 May 1803, London. No. 98. “I have the honour to transmit herewith the Convention which I yesterday signed in Triplicate with Lord Hawkesbury relative to our Boundaries. The Convention does not vary in any thing material from the tenour of my Instructions. The line thro’ the Bay of Passamaquoddy secures our Interest in that quarter. The provision for running, instead of describing, the Line between the North West Corner of Nova Scotia and the source of Connecticut River has been inserted, as well on account of the Progress of the British Settlements towards the source of the Connecticut, as of the difficulty in agreeing upon any new Description of the manner of running this Line, without more exact information than is at present possessed of the Geography of the Country. The source of the Mississippi nearest to the Lake of the Woods, according to Mackenzies Report, will be found about Twenty nine Miles to the Westward of any part of that Lake, which is represented to be nearly circular. Hence a direct Line between the north westermost part of the Lake and the nearest source of the Mississippi, which is preferred by this Government, has appeared to me equally advantageous with the Lines we had proposed.”

   RC (DNA: RG 59, DD, Great Britain, vol. 10); FC (NHi: Rufus King Papers); letterbook copy (ibid., vol. 55). RC 2 pp. In a clerk’s hand, signed by King. Docketed by Wagner as received 5 July. Printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:590. A note in the lower margin of the FC reads: “For the Convention—vide the Draught transmitted to Ld Hawkesbury in Mr. Kings Letter of 11. Apl.; the same having been adopted verbatim. The blank in the preamble filled up thus ‘The Right Honorable Robert Banks Jenkinson (commonly called Lord Hawkesbury) one of his Majesty’s Most Venerable Privy Council and his Principal secretary of State for foreign affairs.’ The date 12th. May. Signatures & seals of Lord Hawkesbury and Mr King.” King’s letterbook includes a copy of the draft convention that King sent to Hawkesbury on 11 Apr. 1803, with emendations in red ink to make it an exact copy of the final version.

   For the text of the convention, see ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:584–85.

   See JM to King, 28 July 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:484–85), 8 June 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:287–89), and 16 Dec. 1802.

   Fearing that the boundary line running from the Mississippi to the Lake of the Woods might interfere with U.S. claims to territory acquired from France through the Louisiana Purchase agreement, the Senate approved the British convention on condition that article 5, which dealt with that line, be expunged. As a result, ratifications were not exchanged and the boundaries remained unsettled until after the War of 1812 (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:590, 591; Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:576–80,655–57, 659).


Title: To James Madison from William Savage, 13 May 1803 (Abstract)
From: Savage, William
To: Madison, James

13 May 1803, Kingston, Jamaica. Refers to his 5 Apr. letter transmitting his accounts for the last quarter in the amount of $250.80. Has “this day” drawn on JM for that amount at thirty days’ sight in favor of Elliston and John Perot. In view of the expected renewal of hostilities between Great Britain and France, he is “daily granting protections” to American citizens. “As yet none have been impressed.”

   RC (DNA: RG 59, CD, Kingston, Jamaica, vol. 1). 1 p. Marked duplicate. Docketed by Wagner as received 30 July. An attested copy of Savage’s 21 Jan., 5 Apr., and 13 May 1803 letters to JM (ibid.) is docketed as received 2 Aug.

   A full transcription of this document has been added to the digital edition.


Title: To James Madison from Turell Tufts, 13 May 1803 (Abstract)
From: Tufts, Turell
To: Madison, James

13 May 1803, Surinam. Although certain JM will be apprised of the situation in Europe before receiving this, believes it his duty to report “when any serious indications appear in this quarter.” “A few days since a fast sailing armed Batavian Brig arrived here from Rotterdam, and it was soon reported that she had brought dispatches … containing information of the demands of the French & British Governments, and caution to beware of attacks. This Government immediately thereupon set to work to fill the Magazines with provisions, and they are now supplied for 12 Months. The Brig immediately proceeded to their other possessions in the W Indies to carry like dispatches. A Guard of lookout is also ordered to be stationed at Braams point at the mouth of this River. The Commodore’s Frigate is also gone down to the same station. In consequence of a Mutiny among the Troops at Berbice—and the dreadfu⟨l⟩ destruction among them by the Fever—Two Vessels were chartered & immediately dispatched with Two hundred Men. Should any attack be made a Defence will undoubtedly be attempted; though should it be necessary to make a choice of surrendering to France or England there would be no hesitation—every person here having ⟨a⟩ horror at the idea of French dominion (caused by their experience of it in Holland)—as well patriots as the Orange Party.” Has employed a person to make a schedule of American shipping that has entered and cleared at the port since his residence as consul. “In a few days it will be completed and shall be forwarded by the first safe Conveyance.” Is anxious to obtain the addition to the U.S. law respecting consuls which was lately passed. “If it is sent to the Boston Custom House—I shall receive it.”

   RC (DNA: RG 59, CD, Paramaribo, vol. 1). 2 pp.

   Berbice is located west of Paramaribo on the Berbice River in a region which later became part of British Guiana.

   A full transcription of this document has been added to the digital edition.


Title: To James Madison from James Monroe, 14 May 1803
From: Monroe, James
To: Madison, James

Dear Sir
Paris May 14. 1803.
You will receive herewith the treaty & conventions wh. we have entered into with the govt. of France for the purchase of Louisiana, with our publick letter on the subject. Could we have procur’d a part of the territory we shod. never have thot. of getting the whole; but the decision of the consul was to sell the whole, and we cod. not obtain any change in his mind on the subject. So peculiarly critical too was the moment, owing to the pressure of Engld., the effect produc’d here, by the temper of our country manifested by the measures of Congress, and that of our govt. in putting the question fairly at issue by sending me here, as to other causes, that it seemed indispensable, to turn these several circumstances to our account, to meet this govt. on the scale it proposed & conclude a treaty with it on the terms we have without delay. I have no question or rather doubt of the advantage of the bargain to the UStates. If our govt. would give the sum stated in our instructions for the Island of New Orleans & the Floridas, which wod. leave the left bank & half the jurisdiction of the river in the hands of another power, I have no doubt that the exclusive jurisdiction of the river with the Island of Orleans is worth twice or three times that sum, on any principle on wh. the estimate can be made. What then is the whole of the territory lying westward of the Mississippi within the limits of Louisiana worth. If we had not bought it, it wod. probably have been sold, I mean the soil, to vast companies in Holland, Switzerland & Germany, to whom I have no doubt it may yet be sold, for a greater sum than we have stipulated for it. It appears probable, that from that source alone we may if we chuse to permit the settlement, pay the price given, & retain the exclusive navigation of the river the Island of New Orleans & perhaps get the Floridas for nothing. Perhaps the best course will be to keep it for many years vacant, indeed untill our vacant lands are occupied on the Eastern side, by which time we may be able to decide whether it will be best to lay the country off into States admissible into our union, or to become independant of us but allied with us. The payment of the sum to be given for it, at such a distance of time cannot embarrass us; or make it necessary to bring to market the lands on the western shore. However these are mere hints on a great subject, which will be better examined on the part of our government. I shall not be surprised to hear that many of those who were ready to plunge into a war for a light portion of what is obtained, shod. now take another course and declaim agnst the govt. & its agents for getting too much. But the clamour will not avail them. It will disgrace them. We have obtaind more of what they professed to wish, than they had an idea of, and at a much less price, than they were willing to give for the little portion they expected to get. And all the evils they will imagine by the immensity of the acquisition may be averted by a wise policy, and independant of the profit arising ultimately from the sale of the lands, the possession of the territory by the UStates, to the exclusion of other powers, may be made subservient to the very ends which these people profess to wish, and which they will say are totally defeated by this measure. This govt. has expressed a wish through Mr. Marbois that the conventions may be kept secret, but there is no obligation to do it, nor do I believe it cares much about it. I think the President shod. act in that respect as he thinks will be most satisfactory to our constituents. Perhaps it will be best when the subject is laid before Congress to take such a general view of it, in reference to the interest connected with it, & the future course which ought to be pursued as will shew his attachment to every part of united America, in terms which will do justice to his feelings. In whatever is said or done, the most explicit declaration will be proper in favor of the rights of the people in the ceded territory, that being a point wh. will be felt here. He will discern the advantage which this acquisition will be off [sic] to our navigation, as well as to the interest of our western people, &ca. I have no doubt that a view of the subject of a comprehensive nature, is the best course to be taken to satisfy the well intentiond and overwhelm the evil minded.
It is well known that Mr. King has said that we could not give too much for this territory; that the object was vast and ought to be embracd; but that it wod. not be, by our admn. from the want of spirit to such an enterprize. I have this fact from an American here who I believe wod. not wish his name to be used, but who is a man of unquestionable truth. The enclosed letter from Mr. Erving to Mr. Sk: will shew you that he has already changed his tone in that respect. He has been waiting in Engld. I suspect to watch the result of this negotiation tho’ the danger of a war between these powers, and the necessity of our being represented there, by him on such an occasion is the ostensible motive. When I found there was a prospect of success, I wished it kept to ourselves till accomplish’d. I did not communicate with Mr. King, because I did not wish England to interfere. I did not wish her aid, by any concert, because it was impossible to have any, that wod. not expose us to injury, whereas no advantage cod. result from it. The only aid she cod. give us, she was giving in her pressure on France without having our interest in view. Had we acted in concert she wod. have claimed some priviledges in the river, or other advantage, which wod. have been sure to have embarrassed the result here. Perhaps she wod. have availed herself of our pressure to close without our knowledge. Nor did I correspond with any political opponent of Mr. King in Engld., or indeed write a letter to that country till the affr. was concluded, because had we failed, he might have said that had we availed ourselves of his aid & that of G. B we might have succeeded, instead of which I took the course to prevent it.

It is proper for me to inform you that the most difficult vexatious and embarrassing part of my labour has been with my associate. It is unpleasant to hasard details on this subject by any opportunity, yet it may have its advantage that at least some of them be known, more than to counterbalance the danger of the communication falling into other hands. You have I presume a copy of his correspondence with this govt. till my arrival, by which you will see that the knowledge of my appointment with full powers &ca laid no restraint on him before my arrival; on the contrary that it hurried him to make efforts to conclude something before I got here. He made many propositions to this govt., professing to have powers, offering to treat &ca at different stages before and after my appointment, and indeed untill the day before I got into Paris. The govt. continued to evade his propositions, either because he never produc’d power to treat (for he considered his commn. as pleny. as giving him the power to treat for every thing), that its mind was not made up on the subject till after I reached Havre & that fact was known, as was the case, or that it was disposed to manifest some respect to our government in waiting till I got here after it knew of my appointment, or wished to amuse us as long as it could in hopes of passing the crisis waiting for it knew that it wod. not be possible to delay some decision after I got here, I cannot tell; it is certain that the minister of foreign affrs. in reply to one of his notes proposing to treat &ca told him that as our govt. had appointed me to treat on the subject it wod. be proper to wait my arrival for that purpose. It is a plain doctrine that the crisis which produc’d an extraordinary mission cod. only be turned to the best account by the person to whom it was committed: that an incessant agitation and teasing of the subject, by the ordinary minister was not only sure to obtain nothing on his part, but to weaken the force of the measures taken by his govt., & lessen the effect & weight of the mission charged with it. How far this was the fact I will not pretend to say. Certain it is that my first duty seemed to be to draw him within the limits of discretion, to prevent any conversations on his part singly, to moderate the idea of the price we ought to give &ca. As I saw his extreme mortification at what had occurr’d, a thing known to every one here, before I arrived, and did not wish to give ground for an insinuation, that the measure hasarded any thing, which I knew wod. be said if there was any plausible pretext for it; and also, being united with him as I did not wish, that any irritation on my part to him, shod. indispose him to the result, or by the mere force of passions incident to such a situation, create any embarrassment in the affair, I observed the most cautious and circumspect conduct towards him that it was in my power to do. Be assured that the affair has closed in the best manner that it could be done, at least by any agency of mine. When I arrived here I heard from those to whom it was mentioned by this gentn. & his family, that my mission was disliked by the minister of foreign affrs.; but of this I saw no proof; I was recd. as you know with the utmost promptitude; Mr. Marbois appointed to treat &ca all with a dispatch of wh. there has been no example. By the Consul I was recd. with civility; by the consuls Cambaceres & Lebrun, with the utmost kindness and friendship, the former told me that he had declard to the first Consul that I was his personal friend & the friend of France; the latter expressed sentiments equally favorable. By Joseph Boniparte I was also kindly recd., & with whom I had a long conversation a few days after I arrived, which was produc’d by an introductory letter from Mr. Pichon who is a worthy man, with honest views. Joseph Boniparte told me afterwards that he had & wod. promote our views with his brother, as I think he did. If there was a doubt of the manner of my reception, or that I had enemies here, I ought to have been left to the managment of that concern after my arrival. By announcing my appointment &ca in my absence, an opportunity was given for criticism on that measure, and for an indulgence of unfriendly sentiments towards me where they existed. In my opinion if I had enemies, which I ought not to suppose from what has occurrd, it was a motive under the pressure of all circumstances for greater reserve on their part, and that it promoted dispatch rather than embarrassment in the affair. It is a justice however which I owe to my colleague to observe that he has manifested an invariable zeal to promote the object, of the cession, and to extend our rights on the Mississippi, and in looking back on the other circumstances, it is rather to make facts known to you which may be necessary hereafter in a possible state of things, in reference to our govt. or myself than with any other view. It is on that principle that I also enclose you a copy of his letter to me of the 10. of april written after my arrival at Havre, wh. shews that nothing was done at that time. Thro’ the whole of this business he has kept up a correspondence with Mr. King wh. I have not seen. He says that he is resolved to return soon to America, but of that I know nothing further. In case he returns, his future political course is problematical. He is offended at what has passed, and altho’ I shod. conclude that he wod. never turn federalist, yet new combinations of characters, might be projected which could not promote the republican cause. If it was manifest that any attack on the admn. wod. recoil with accumulated force perhaps ruin on himself, that wod. be a motive & the surest to prevent it. It is due to him to observe that he always expresses himself in terms of friendship to the President & yourself, and it is possible, that he feels it, but you know the range of political intrigue wh. belongs to the city in which he lives. After what has passed a liberal conduct is due to him by the admn. By any errors if such were admitted no real harm is done; and for zeal in the object some merit is due. Having signed & promoted a treaty of such importance, if it is approved, let him have the portion of credit which is attached to such an agency, but avoid compromitments, since they may be adduc’d hereafter as documents to prove more than was meant. Let him remain here as long as he chuses, and the rule permits, & give him no just cause of complaint. My extray. mission was an act which speaks for itself; it can always be justified, in respect to the state of things here and in America at the time, & will I trust be justified by the event. If he takes an unfriendly course let it be his act; in which case his demolition is certain; The same line of conduct I wish to be observed with respect to myself. Let the act we have joined in, go to the world as it ought to do. If he or his friends arrogate any thing which is disproved by his own letter to me (enclosed to you), it is an injustice to me, indeed an attack which ought to be repelled. But here, my friends shod. act on the defensive, and the refutation be given if possible without any reference to that letter: or if that is referr’d to, it shod. be done in a manner not to imply that its contents were communicat’d, even with a view to the repulsion of an attack, but as containing matter of information of the state of things, when I arrived here, and as communicated in a letter from me rather than by the transmission of a copy of his. Not that this is material to me, but a delicacy to him, for untill he commences direct hostilities, which I do not expect, I shod. not wish it to be understood that I had such an idea of him as to suppose it possible.
I enclose you a short sketch of what occurr’d in our conferences with Mr. Marbois &ca, omitting so much as passed between my colleague & myself, which I have not time to make up at present. This, (as the whole of this communication is) is intended in confidence to be communicated to no one except to Mr. Jefferson: unless it shod. become necessary hereafter, by considerations mentioned, in which case you will confide what you deem proper in such mode as you think most adviseable, to such friend or friends as yours and his judgment shall dictate. If no unfair representations are made, wh. however cannot be known till this business is at repose, after his return home, I wod. be the last person existing to give a moment’s uneasiness to any one, especially a person I have long esteemed. I have written you in great haste, without method, and fear you will hardly be able to read or understand what I have written.
On the article of expence, you can hardly imagine to what an excess every thing has risen. The great splendor of the govt., and the obligation it imposes on every one, especially foreign ministers, to imitate them, subjects them to charges that are insupportable. To give you some idea of what I incur in two articles, viz a carriage, & lodgings, the first costs me, 25. Louis pr. month the second 27. Every other article is correspondent. I am told that no part of Europe assumes such an exterior. I shall write you a seperate letter, if possible to go by this opportunity, in which I shall say something of Spain. If I can write Mr. Jefferson I will, but that is uncertain. This letter you will submit to him. He may be perfectly satisfied that I neglect nothing in wh. his honor, credit, or feelings are interested. We are in tolerable good health—my daughter who is fixed with Mdme. Campon is just arrived on a visit to us; she is better there than in Paris. We have not yet been to any comedy, or spectacle of any kind, nor indeed out at all, but to dine with the second & 3. Consuls & one or two other friends.
Genl. LaFayette continues to be one of the most estimable of men; a firm friend of liberty, devoted to America, much attached personally to the President & yourself, to whom he desires me to remember him affectionately. My family desire the best regards to you & yours in [which] I beg to unite, as also to Mr. Jefferson & his. Very sincerely I am Dear Sir yr. friend & servt
Jas. Monroe

   RC (DLC: Rives Collection, Madison Papers).

   Erving’s letter to Skipwith has not been found, but on 16 May 1803 Erving wrote JM that he had found from “the best authority” that King already was complaining that U.S. territory would be too extensive, “that it will be impossible to govern the people who shall settle on the Western Bank of the Mississippi, & so on” (MHi: Erving Papers).

   Livingston wrote: “God grant that your mission may answer yours and the public Expectations. War may do something for us—nothing else would. I have paved the way for you, and if you could add to my means an assurance that we were now in possession of New Orleans, we should do well” (Livingston to Monroe, 10 Apr. 1803 [copy, NHi: Livingston Papers]).

   Monroe may have enclosed a copy of his journal describing the sequence of events between 27 Apr. and the middle of May 1803 (DLC: Monroe Papers; printed in Hamilton, Writings of MonroeStanislaus Murray Hamilton, ed., The Writings of James Monroe … (7 vols.; New York and London, 1898–1903)., 4:12–19).


Title: To James Madison from Robert W. Fox, 14 May 1803 (Abstract)
From: Fox, Robert W.
To: Madison, James

14 May 1803, Falmouth. “Thee wilt have heard of the great probability of War between Great Britain & France, & as it is generaly believed that the British Government have directed Lord Whitworth to quit Paris, unless the first Consul accedes to their ultimatum, it is fully expected that it has been refused, & that Whitworth is at this time returned to London tho a few amongst the Multitude have still a hope that the French will comply, rather than go to War. The 3 ⅌% Consols, are at about 63½.” Reports that the impress is severe, but only two or three U.S. citizens without protections on board British ships have been taken. Has applied for their release but stresses the need for seamen to bring certificates of citizenship with them, “otherways they will run great risk of being impressed.” Grain prices are moderate with wheat selling at fifty-four to sixty shillings per quarter. “Tobacco & Coffee keeps up, at pretty good prices: American Shipping if there is a War will soon be in great demand.” Adds in a 17 May postscript that he annexes a copy of a letter from Hawkesbury to the lord mayor and that no report has yet been received of Whitworth’s having reached London; “its said he was not there on Sunday last.”

   RC and enclosure (DNA: RG 59, CD, Falmouth, vol. 2). RC 2 pp. Docketed by Wagner as received 11 July. Extract printed in the National Intelligencer, 21 Dec. 1803. For enclosure, see n. 1.

   Hawkesbury’s 14 May 1803 letter to the lord mayor (1 p.) announced that dispatches from Whitworth had arrived by messenger from Paris, that Whitworth had received his passports, and that he was at the point of leaving Paris when the messenger departed “on Thursday evening.” To this copy Fox added a note dated 18 May, 8 P.M., reporting that newspapers of 16 May, just received, stated that Andréossy had left London on the morning of 16 May, and it was understood that Whitworth had left Paris the night of 12 May. “The Dutch Ambassador was still in London.” In a 21 May postscript Fox added that ten British warships had sailed, that Whitworth had returned to London, and that “there is every reason to believe Hostilities are commenced by Sea.”

   A full transcription of this document has been added to the digital edition.


Title: To James Madison from James Simpson, 14 May 1803 (Abstract)
From: Simpson, James
To: Madison, James

14 May 1803, Tangier. No. 56. Last wrote on 28 Mar. by way of Gibraltar and Lisbon. Has not since heard from JM. Admiral Cederström anchored at Tangier on 19 Apr. to invest Wyk with the Order of Vasa, then sailed for Sweden on 20 May, “his Squadron having all passed the Straits before him.” The emperor has returned to Meknes, where Alcayde Hashash and Wyk have been with him. Wyk returned to Tangier after accommodating the differences between Sweden and Morocco by stipulating a sum of money to be paid annually. Does not yet know the amount, but Wyk assures him the emperor “is very desirous of bringing as many of the Christian Powers to similar terms as he can.” This is a favorite system of Hashash, who “is at present in high favour with his Master.” Hashash has not yet returned, having stopped “two days Journey” from Tangier “to enter upon the Government of a Neighboring Province” which the emperor has committed to his care. “I am persuaded at his return he will not fail of enquiring after the Gun Carriages, and I confess I shall be at a loss how to account satisfactorily for their delay.” Sidi Mohammed Selawy has been relieved of his appointment at Fès and is again with the emperor. “A few weeks ago” some masts and spars were sent from Tangier for the ships at Salé. “As the Emperour is returned to this part of the Country and the moon advanced, it is expected we shall soon see them out about equiping their Cruizers for Sea, hitherto that busyness continues to go on but slowly.” John Brodie of the Betsey, mentioned in his dispatch no. 55 [28 Mar. 1803], was sent home by Gwyn on 30 Apr. in a vessel bound for Salem. Gwyn has “not yet been able to get any tidings of Thomas Lewis” of the Betsey. “On the 13h January last I advised Captain Campbell of the Adams that I had observed some breakers in the offing of this Bay, where such are only seen in very bad Weather; a small Vessel has lately been sent by the Consul of Spain to examine the Rocks which occasion them, but she did not prove sufficient for ascertaining every point with precision; however their bearings I took of East North East from the American Flag Staff, and distance of rather better than two Miles from Cape Malabar (Eastern point of Tangier Bay) nearly West North West, was found pretty correct. Those Rocks have never been laid down in any Chart, but as by this late survey it is found there cannot be more than four fathoms on the Eastern end of them at low Water new & full Moon, they are certainly so dangerous as to induce the Spaniards to investigate them farther, and with the Emperours permission.” Another six months having passed beyond the period mentioned in his 31 Jan. dispatch, he has drawn a bill of £225 on Bird, Savage, and Bird equal to $1,000 for salary. Hopes he will “’ere long have the happyness” of receiving instructions from JM that will enable him to use the credit lodged with them “to a greater extent.” “The Exchange at Gibraltar on London having been at the time of my passing that Bill below par, the difference on it in favour of Government will be abated from the next I may draw.”

   RC (DNA: RG 59, CD, Tangier, vol. 2). 3 pp. Docketed by Wagner as received 9 Aug., with his notation, “Quer—was the bill paid.”

   A full transcription of this document has been added to the digital edition.


Title: To James Madison from John Mitchell, 15 May 1803 (Abstract)
From: Mitchell, John
To: Madison, James

15 May 1803, Le Havre. Reports the receipt “this Morning” of a 13 May letter from Livingston stating that Whitworth left Paris the evening of 12 May and directing Mitchell to arrange passage for “a Confidential Person” carrying Livingston’s dispatches, who “will leave Paris in a day or two after the date of His Letter.” Assures JM that “our Ministers have perfectly Accomplished the Wishes of our Government and that Louisiana is now Ceeded to Us.” The dispatches will be sent by either the Enterprize or the Sally for New York “in the course of the Week.” Refers JM to his 9 May letter soliciting confirmation of his appointment as commercial agent at Le Havre. Adds in a footnote, “Mr. Barnet is perfectly Content that I hold this place & he remain at Antwerp.”

   RC (DNA: RG 59, CD, Havre, vol. 1). 2 pp. Postmarked at Boston 27 June. Docketed by Wagner as received 11 July.

   A full transcription of this document has been added to the digital edition.


Title: From James Madison to Rufus King, 16 May 1803
From: Madison, James
To: King, Rufus

Sir
Department of State, May 16. 1803
The inclosed documents contain the case of Mr Lewis le Couteulx, whose unjust and severe sufferings in the Canadian Provinces, claim from the British Government, a liberal compensation.
He was, as appears, considered and finally discharged as a prisoner of war. Had this been his real character, the rigor of his treatment, protracted for many months after the termination of the war, would form an appeal not to be disregarded by the justice and humanity of that Government.
But this was not his real character. He was a bona fide Citizen of the United States. He was made such by a process of naturalization commenced in the year 1787 and completed in the year 1789, and has so continued ever since. And being a bona fide american citizen, he was not only exempt from captivity as an enemy, but expressly protected by a public Treaty, in the very situation, in which he was seized.
Mr Thornton in his letter of the 30th of October last insinuates the native allegiance of Mr. Le Couteulx as the ground of his being treated as a French enemy, and not as an american citizen. It cannot be presumed that the British Government will resort to this pretext. If the principle of indelible allegiance maintained by Great Britain, tho’ denied by most, if not all other nations, and disregarded even in her own practice, were a principle in the French Code, it could be applied to Mr. Le Couteulx only, in a discussion between the United States and France. Great Britain would be barred from all interest in the case, by the epoch of the naturalization which was that of peace between her and France. But this principle never existed in the French Code, and if it had existed it was effectually superseded as well by the Constitution of 1789 established prior to the War, as by every subsequent one, according to all of which constitutions the case of Mr Le Couteulx is designated as that of an alien.
It being then clear that Mr Le Couteulx was not a French enemy but an american citizen, it is equally clear that if chargeable with any offence committed within the British territory he had a right to a fair trial or to expulsion, in the usual forms instead of the treatment he suffered; and that if chargeable with any offence committed within the Territory of the United States, his punishment tho’ it might be expected on proper representation by the British Government, could be inflicted under no other jurisdiction than that of the United States. It does not appear however, that Mr Le Couteulx is justly chargeable with guilt of any sort. On the contrary from the good character which he has every where sustained, and from the sincerity and regularity of his pursuits there is the best ground for believing that he was suspected without cause as well as punished in violation of right.

Under every aspect of the subject therefore, it may be expected that the British Government will feel its justice and its dignity concerned in making Mr Le Couteulx amends both for his losses and his sufferings and his case is accordingly confided to your representations and interposition for that purpose. I have the honor to be &c &c
James Madison
P. S. Mr. Le Couteulx has signified his intention of intrusting his papers to Mr Erving who will represent him as Agent, and will communicate to you additional papers tending to illustrate and support it.

   Letterbook copy (DNA: RG 59, IM, vol. 6).

   Enclosures not found, but see JM to Le Coulteux, 18 May 1803.

   JM no doubt referred to Edward Thornton’s 30 Oct. 1801 letter to him (see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:213 and n. 1).


Title: To James Madison from Rufus King, 16 May 1803
From: King, Rufus
To: Madison, James

No. 100
Sir,
London May 16. 1803
Anticipating the rupture which may be regarded as having in effect taken place, I have sought and without difficulty found opportunities of conversing with those Members of the Cabinet who have the most influence in its decisions in order to impress upon them the very great importance, in the event of War, that the Instructions given to their Naval officers should be drawn up with plainness and precision, that the old American Prize Court should be completely suppressed, and the new ones organized and in general that the rights of Belligerents should be exercised in moderation and with due respect for those of Neutrals. So far as assurances go they have been such as authorise us to believe it to be the Intention of the present Cabinet to comply with those reasonable expectations; and in my last Conversation with Lord St. Vincent he assured me that so long as he presided at the Admiralty not one of the old West India Prize Courts should be re-commissioned; a formality observed at the Commencement of every war, he added that he would urge the organization of the new American Prize Courts as soon as they should be wanted, and that whatever orders might be issued on the subject of Captures should be carefully drawn up, and such as would be easily and correctly understood.
In taking my leave of the King, I said that I was instructed to avail myself of the occasion to renew to him the assurance of the continued and sincere disposition of the United States to cherish and perpetuate the good understanding and harmony happily subsisting between him and them: that my Government had determined to continue the residence of a Minister Plenipotentiary at his Court whose arrival might be soon expected, and who would be instructed to confirm the assurance I had just repeated.
The King answered that he received this assurance with satisfaction: that on this Subject he had entertained but one determination since the separation of America, which was to cultivate peace and friendship with the States, and that he never would change this disposition: he added that it gave him pleasure to declare that he foresaw no occurrence, that would be likely to affect the present good understanding and friendship between him and the United States.
These Declarations, taken in connexion with the opinion of the great importance of a good understanding with America, which has become very general, will have their effect in procuring to our Navigation and Commerce a more just and reasonable Treatment than they received in the early part of the late war.
The annexed Letters require no observations: their object will, I flatter myself, receive the Presidents approbation; if Lord Hawkesbury sends me an answer it shall likewise be added.
Lord Whitworth left Paris on the 13th. and purposed to be at Calais last night. The french Ambassador left London at 5 o’Clock this morning, and will be at Dover to cross at the same time that Lord Whitworth does. A Cabinet Council was held yesterday, and measures of hostility against France were it is presumed resolved upon. The Treaties between France and Holland and France and Spain are here understood to give to England, in a war with France, the right to treat Holland and Spain as Enemies: it has nevertheless been decided to make a declaration both to Spain and Holland that England will respect their Neutrality, if they themselves shall be disposed and able to maintain it.
Having finished my Business, I intend to leave Town to-morrow to embark with my family at Cowes: I cannot however close my official Correspondence without requesting you to offer to the President my dutiful acknowledgements for the Confidence he has reposed in me, and to add that he has required nothing of me that I have not obeyed with satisfaction. I likewise intreat you, sir, to accept my sincere thanks for the obliging & satisfactory manner in which You have from time to time communicated to me the Presidents Instructions, and I beg you to be assured of the perfect Respect & Esteem, with which I have the honour to be &c.
RK
P. S. Having no Instruction to name a Charge des affaires, I have left the Papers of the Legation sealed up with Mr Gore, with orders that they be delivered to my Successor.

   FC, letterbook copy, and letterbook copy of enclosures (NHi: Rufus King Papers). FC in a clerk’s hand. For enclosures, see n. 4.

   As King noted later in this letter, the recall of their respective ministers led Great Britain and France to the brink of war, which the former declared on 18 May (A. W. Ward and G. P. Gooch, eds., The Cambridge History of British Foreign Policy, 1783–1919 [3 vols.; New York, 1922], 1:327).

   For King’s précis of his 13 May meeting with Lord St. Vincent, see King, Life and Correspondence of Rufus King, 4:256.

   King took leave of George III on 4 May 1803. For the ceremony and their discussion, see ibid., 4:248–50.

   As King noted in his letterbook, he enclosed copies of (1) his letter to Livingston and Monroe, 7 May 1803 (2 pp.), notifying them that in the event of war between Great Britain and France the former intended to send a force to occupy New Orleans and adding, “If it be ceded to us would it not be expedient openly or confidentially to communicate the fact here?”; (2) Livingston and Monroe to King, May 1803 (1 p.), informing him of the signing of the Louisiana Purchase treaty; and (3) King to Hawkesbury, 15 May 1803 (2 pp.), announcing the acquisition of Louisiana by the U.S. (printed ibid., 4:262–63).


Title: To James Madison from Robert R. Livingston and James Monroe, 16 May 1803
From: Livingston, Robert R.,Monroe, James
To: Madison, James

Sir
Paris 16th may 1803.
We have the honor to inclose the account which Should be annexed to the Convention transmitted you. The Bordeaux embargo is in Assignats, and two thirds will be deducted from many of the others. We have reason to think from a particular account now in our hands there will be Such considerable deductions as will reduce the whole charge to less than 20 millions of livres including the interest. The Consul has agreed to ratify immediately and we hope to have the honor of transmitting you the ratified treaty with an order to deliver the territory in a few days. Such arrangements will also we trust be made relative to the Stock as will prevent its coming on the market to any loss or any part of it being Sold in America. We have the honor to be Sir with much esteem and respect Your most Obt hum: Servts
Robt R LivingstonJas. Monroe

   RC (PHC); RC and enclosure (DNA: RG 59, DD, France, vol. 8); draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1). First RC in a clerk’s hand, signed by Livingston and Monroe; docketed by Wagner. Second RC in a clerk’s hand, signed by Livingston; marked “Duplicate”; originally numbered “77,” but this has been crossed out and “2” inserted; docketed by Wagner as received 2 Sept. Draft in Livingston’s hand; marked “No. 77.” For enclosure, see n. 1.

   The enclosure (1 p.; in French; docketed by Wagner “Summary statement of the American claims refered to in the Convention with France of the 30 April 1803” and as received 2 Sept.) divided American claims into four categories, the total of which came to almost 20 million francs. For a detailed explanation of the enclosure and the American claims it described, see Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:524–28.

   Among the categories included in the summary of American claims to be paid by France was that of American merchants who had suffered from the French embargo at Bordeaux in 1793–94 (ibid., 2:525).

   Napoleon ratified the treaty and two conventions on 22 May 1803 (ibid., 2:498, 512, 516).


Title: To James Madison from James Monroe, 16 May 1803
From: Monroe, James
To: Madison, James

private
Dear Sir
Paris May 16. 1803.
I wrote you at great length by Havre on the 13th. by Mr. Hughes who was charged with the treaty. This will be forwarded by Mr. derieux by whom it was intended to have sent the original instruments, but he being forc’d to take the route of Bordeaux, and an opportunity offering by Havre, we committed them to Mr. Hughes, & send copies by Mr. Derieux. I detained this Latter gentn. here some days on this business, believing him to be strictly honest & discreet; & knowing that he wod. shew zeal in the execution of the trust, as that it was an act of kindness to a poor unfortunate citizen who had need of assistance. There was also another motive at the time; I knew of no one here who intended or could be prevailed on to go to the UStates on the occasion; and had reason to believe we shod. have difficulty in finding a person to whom we cod. confide the trust. His going on towards the port was by permission, to stay a day or two with his friends, who he expected never to see again. I promisd him the charge of his detention here, his passage, & expences to the federal city, which will probably amt. to 200. dolrs., perhaps less. I shall request the consul to engage his passage on the cheapest terms. In no case will it be necessary to give him more than that sum. If the trust is not well executed it will of course be less or nothing.
Col: Mercer will act as one of the comrs. to adjust or rather revise the adjustment made by the French boards, of the claims of our citizen⟨s⟩ on this govt., for which we become responsible by the Treaty. I have had no secry.; he has lived with me as a friend and assists me in copying my papers. I enclose you two Letters one to Mr. Tyler, the other to Mr. Purviance. On my appointment here, I felt as you may concieve much embarrassed, by the just pretentions of many friends to whom I owed personal obligations, who wished to accompany me. Mr. Mercer being the first who spake to me on the subject, I offered him every attention & service which I cod. engage on my own part, no secry being allowed that was an answer satisfactory to him and others why such an appointment cod. not be conferr’d on any one. I shall proceed to spain without one, nor in any event shall I appoint any one in Europe to that office. The persons to whom I feel under most engagment on that point are Mr. Jame[s] Tyler & Mr. Purviance. The former wod. not think of remaining in Europe if he came at all, more than a year. The latter wod. probably wish a longer establishment. If Mr. Tyler wod. sit out immediately, on the expectation of enjoying the advantages incident to the office of secry. during the dependance of the business with France and spain I shod. be glad to have it in my power to give him that testimony of my esteem. In that case the communication to Mr. Purviance had better be withheld: but if Mr. Tyler declines it, then Mr. Purviance may be sent off immediately. It is not my wish to remain in Europe long. Perhaps too short a time to make it an object for Mr. Purviance. If I could gratify both, it wod. give me much pleasure; but if I cannot and any one solely is appointed it must be Mr. Purviance, as having applied to me first, having been with me formerly, he has claims the accomodation of which wod. reconcile every one; whereas if I appointed any one else, it wod. not only be an act of injustice to him, but give offense to many others.
I expect to sit out for Spain in a week or ten days, and to be back in abt. 3. months; perhaps it may take four. I leave my family at St. Germain where Mrs. Monroe will have rooms convenient to the school our daughter attends. I have thought it better to leave her there, with our little family, than take her to Spain, where after a long journey, we shod. have again, much ceremony, much expense &c.
I conclude that the Congress in case the treaty is ratified will immediately organize a govt. at New orleans, for which purpose, as to create the stock in complyance with the treaty, I think it probable that the congress may be called at an early period. The President will have to appoint officers at New orleans, and among others a Collector for the port. Mr. Skipwith has requested me to communicate to you his wish to fill that station, which I do with pleasure, from a knowledge that he is well qualified for it, and that his long & faithful services here entitle him to attention. His present office will of course soon terminate, or what amounts to the same thing his salary will, and his anxious wish is to obtain some establishment in the UStates especially the one referr’d to. From what I can learn he will leave this, after near 10. years service, through a very tempestuous season in both countries, in which he has deservedly sustained a character unimpeached for integrity & diligent attention to the duties of his office, in point of fortune pretty much as he came. I hope the President will be disposed to provide for him, according to his merit, and am persuaded that no opportunity can present it self more favorable than in the mode which is suggested. I shall write you agn. as any thing deserving of attention occurs & opportunities present. Our best regards to Mrs Madison & family. Your friend & servt
Jas. Monroe

On consideration I have thought it best not to write to Mr. Tyler or Mr. Purviance, but to leave it to you to act in it as you think fit. Knowing my situation & wishes respecting those gentn., you will see what it will be proper to do, and be so good as to communicate on my part with either or both as if it were your own case.

   RC (DLC: Rives Collection, Madison Papers). Docketed by JM.

   Livingston and Monroe wrote JM a public letter on 13 May. The letter referred to here was probably Monroe’s private letter of 14 May (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:601–6, 610–15).

   As the postscript indicates, the letters noted here were not enclosed.

   This was probably the James Tyler who was related to Monroe through his mother, Elizabeth Jones Monroe (WMQWilliam and Mary Quarterly., 1st ser., 4 [1895–96]: 274–75).


Title: To James Madison from George W. Erving, 16 May 1803 (Abstract)
From: Erving, George W.
To: Madison, James

16 May 1803, London. No. 15. “Private.” Presumes King, who is still in London, has kept JM informed of the state of negotiations between France and Great Britain. War now appears inevitable. Andréossy left London “at 5 o clock this Morning,” and Whitworth is at Boulogne on his way to London. “An Embargo is laid, letters of marque are preparing, & all the orders & movements of the government are warlike.” Had expected peace until the last moment, “presuming Malta to be the only great point in discussion.” “Had I known … of the extremely arrogant pretensions made by this government, I shoud from the beginning have considered war inevitable.” What these pretensions were will appear when the whole correspondence is laid before Parliament “this week.” Will forward a copy to JM “as soon as possible.” “On the question of interest mentioned in the accompanying official letter,” has “said more respecting Mr Pinkneys Exertions” than he would have had he not found that King is disposed “(as usual) to assume all the merit of the negotiation.” King on his own attempted to negotiate the affair with Hawkesbury, who proposed “to split the difference.” King “with his usual Spirit of accommodation was inclined to accept this compromize,” but Pinkney “positively refused to accede to it” or to sign any award which did not include interest. It is “wholly owing” to Pinkney’s determination that the point was carried. “In short all the good which has been done in & about the commission has been effected by him, or at his suggestion.” Has described Pinkney in a former letter. “His pride of talents, great respect for his own character, his ardent desire to obtain credit with individuals & general popularity by his conduct in the Commission, have been very serviceable” to the U.S.; he will conclude “this tedious business” much earlier than any other man perhaps could have done. Adds in a postscript that he hopes JM has heard from Monroe “that he has purchased the whole of Louisiania for a sum & upon terms more advantageous even than Expected” and that all arrangements are such as to “give the most complete satisfaction” to people in all parts of the U.S. “There will not be wanting however amongst the few grounds for censure & disapprobation,” as there are always those “who are determined to approve of nothing.” Has heard on “the best authority” that King already complains that U.S. territory “will be too ⟨e⟩xtensive, that it will be impossible to govern the people who shall settle on the Western Bank ⟨of⟩ the Missisippi, & so on,” without mentioning “the very obvious means” which Congress has of preventing the mischief he anticipates. “Perhaps you will think that I have written Enough at different times about this gentleman; you ought to be better acquainted with him than myself, but I have had very particular opportunities of knowing that he is a very artificial & dangerous character—a man with two faces a sort of Janus in his common intercourse with the world, & he woud be a Sejanus in certain political circumstances.”

   RC (MHi: Erving Papers). 3 pp.; damaged by removal of seal.

   Erving to JM, 30 Apr. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:561–62).

   Erving to JM, 1 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 3:531–36).

   Lucius Aelius Sejanus was commander of the praetorian guard and the confidant of the emperor Tiberius. Ambitious to ascend to the throne, he poisoned the emperor’s son Drusus and set Tiberius against Agrippina, the widow of Germanicus. When his crimes were exposed, he was executed by order of the emperor (William Smith, ed., Dictionary of Greek and Roman Biography and Mythology [3 vols.; Boston, 1849], 3:766–68).


Title: To James Madison from Humphrey Marshall, 16 May 1803 (Abstract)
From: Marshall, Humphrey
To: Madison, James

16 May 1803. James Blair, of Frankfort, Kentucky, understanding that Thomas T. Davis has declined his recent appointment as a judge of the Indiana Territory, wishes the president to know that “he would accept the appointment, should the president be pleased to confer it on him.” Blair has been told that letters in his favor were sent to JM before Davis’s appointment, and he wishes these letters also to be shown to the president, “as he has not the honor of a personal acquaintance, and can be known only by representation.” Blair has served as attorney general for Kentucky “for some time,” but “a growing family, and but small compensation” have made him “willing to exchange his present situation for one, more permanent, and better paid.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Blair”). 2 pp.; docketed by Jefferson. Printed in Carter, Territorial Papers, Indiana, 7:113–14.

   Blair was mistaken, for Davis accepted his appointment and served as judge of the territory, 1803–6 (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 16:397 n. 4).

   See, for instance, Joseph Crockett to JM, 9 Dec. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:184).


Title: To James Madison from John Francis Mercer, 16 May 1803 (Abstract)
From: Mercer, John Francis
To: Madison, James

16 May 1803, “In Council.” “I have submitted to the Council the result of the conversation which I had the honor of holding with you on the application which the Executive of Maryland was directed to make to you on the subject of the Stock of this State in the British Funds.” Has told them the measures JM has taken “in conformity with the views & wishes of this Legislature in which they have expressd their entire concurrence,” but as “their proceedings under these Resolutions” will have to be communicated to the legislature at the next session, the council “woud be gratified by bei[n]g furnishd with a Copy of the Letter” JM wrote to William Pinkney on the subject, “if no wise inconsistent with the rules” JM “may have establishd on similar subjects.” “I have also communicated to the Council the result of my application to you respecting” Maryland’s claim on the U.S. “for Arms & Military Stores furnishd during the Western Insurrection, as well as the substance of a personal conference I had with the Secretary of War, to whom you had referrd this subject.” The council believes Dearborn “has given a force to some expressions of a Letter of Mr. McHenry, the late Minister, to this Executive, which they had not themselves discovered, but which in every view can in no wise affect the justice & legality of the demand.” If objections to the claim exist “on the part of the Executive of the United States,” the council wishes to know them so that they may be communicated to the state legislature, which will doubtless “resort to some mode that may remove the doubts, or present the demand in some form that may be more acceptable.” “Receive my warm acknowledgements,” in which the council entirely concur, “for the interest you have at all times taken in the attainment of that Justice which has so long been withheld from the State & mine especially for your prompt attention to this late application.”

   FC (MdAA: Executive Papers, 1801–14). 2 pp.; in a clerk’s hand, signed by Mercer.

   In accordance with the resolution of the Maryland legislature authorizing the governor to act in concurrence with the executive of the U.S. to obtain restitution of the bank stock, JM’s two letters to Pinkney of 3 May 1803 provided the latter with the power to negotiate the transfer of the Maryland bank stock to the state (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:568, 569).

   The substance of this claim is set forth in a letter enclosing eight memoranda, 11 June 1803, from Secretary of War Henry Dearborn to Governor Mercer. The claim involved arms and ammunition furnished by the state for the use of the Virginia militia during the Whiskey Rebellion of 1794 (Roger Thomas, ed., The Brown Books, no. 3 of Calendar of Maryland State Papers [Annapolis, 1948], p. 154).

   The letter referred to was possibly James McHenry to Gov. John Henry, 5 July 1798, in which the secretary of war indicated his willingness to settle Maryland’s claim, declared nevertheless that he could not due to the lack of proper documentation, and instead offered to send one thousand stand of arms and ammunition to Maryland as a compromise solution (ibid., p. 153).


Title: To James Madison from Daniel Clark, 17 May 1803
From: Clark, Daniel
To: Madison, James

Sir
New Orleans 17th May 1803
I had the honor of receiving this morning at 11 OClock by an express from Governor Claiborne of the Mississippi Territory Your letter of the 19th ulto., accompanying the orders for the immediate restoration of the Deposit addressed to the Governor & Intendant of this province which were instantly delivered, and such immediate attention was paid to them, that at two in the afternoon various Copies of the inclosed paper were affixed by the Intendants orders in the most public parts of the City, announcing that the deposit was placed on its former footing, & his orders of the 16th October revoked. The Governor will publish the restoration of the deposit to Morrow by Proclamation with the usual Ceremonies. I have the Honor to remain with respect Sir Your most Obedient & Most humble servant
Daniel Clark

   RC and enclosure (DNA: RG 59, CD, New Orleans, vol. 1). RC docketed by Wagner as received 20 June. For enclosure, see n. 2.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:536.

   The enclosure is a proclamation by Morales, 17 May 1803 (2 pp.; in Spanish; filed after the duplicate of Clark to JM, 14 May 1803), restoring the right of deposit and covering the orders given by the Spanish court on 1 Mar. 1803.


Title: From James Madison to Lewis Le Coulteux, 18 May 1803
From: Madison, James
To: Coulteux, Lewis Le

Sir,
Department of State Washington 18th. May 1803.
I have transmitted instructions to the Minister of the United States in London to apply to the British Government for compensation for the losses and sufferings you sustained by being arrested and detained in Canada as a prisoner of war. He has been apprized that it is your intention to produce your papers and the agency of your claim to Mr. Erving, and that the former will be communicated to him thro’ that channel: they are therefore herewith returned. I am, Sir, &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14).

   JM to King, 16 May 1803.

   Enclosures not found.


Title: To James Madison from James Monroe, 18 May 1803
From: Monroe, James
To: Madison, James

No. 4.
Sir
Paris May 18. 1803.
Since the conclusion of the treaty with France for the purchase of Louisiana, which was forwarded to you on the 13. by Mr. Hughes, with a joint letter from my colleague and myself, I feel much at a loss what part to take respecting the Floridas. There are some considerations in favor of an immediate pursuit of that object with Spain which have great weight on my mind. The cession of Louisiana by France to the UStates must lessen the value of the Floridas to Spain, and she will be apt to feel that effect more sensibly immediately after she hears it than at any other time. France too who has promised her aid in the negotiation with Spain, wod. probably take more interest in it, at this moment, while the obligation to yield it, is in a manner personal, than she might do hereafter. At this crisis of affairs between France and Engld., which comprizes Spain in equal degree, there is reason to believe that we shod. derive much aid from a pressure on Spain, from that cause. It is equally presumeable that England even in case of war, would not interfere with our pursuit much less break with us, for obtaining the Floridas. The exclusion of her manufactures from the continent of Europe, is a principal cause of her present unquiet & distressed situation. It is her interest to cherish the UStates & Russia, as her best markets; a policy which I believe she understands and pursues with sincerity. To be involved in a war with us at this epoch wod. prove a great calamity to her. I have no doubt that at this time she is rather indifferent respecting our acquisition of Louisiana, & that which we propose to make of the Floridas, or in no situation to oppose it. Indeed it is not improbable that she may wish it, as it weakens those powers in that quarter & promises to open new markets to her manufactures. Should we not however acquire this territory of Spain at this period, there is danger of its falling into the hands of some other power hereafter, a circumstance which might give us much trouble, as it commands the mouths of several of our rivers, and gives a right to the navigation of the mississippi. There are also considerations agnst my pursuing the object at present of great weight. We have already stipulated for a much greater sum, than it was contemplated we shod. give for the object of my mission. To go further might embarrass our Treasury. It may be adviseable to exchange a portion of Louisiana next Mexico for the Floridas, and I have no power to make such an arrangement. I have weighed these considerations with the attention they merit, and the result is that I am of opinion that it is more in conformity to the spirit of my instructions, & the interest of my country that I shod. proceed immediately to Madrid to endeavour to obtain the Floridas, than remain inactive and suffer the favorable occasion which is now presented to be lost. The acquisition of the Floridas is an important object, with our government, as is sufficiently shewn by our instructions. The purchase of the whole of Louisiana tho not contemplated, is nevertheless a measure founded on the principles and justified by the policy of our instructions, provided it is thought a good bargain. The only difference between the acquisition we have made, & that which we were instructed to make in that respect, is, that, a favorable occasion presenting itself, which indeed was anticipated by the admn. in the measures which led to that event & indeed laid the foundation for it, we have gone further than we were instructed to do. But the extent of that acquisition, does not destroy the motive which existed before of acquiring the Floridas, nor essentially diminish it. In our instructions the idea entertained by the President of the value of that country is defined. It is to be presumed that under existing circumstances it may be had at a cheaper rate, since its importance to Spn. is much diminished. And altho’ the sum to be paid for Louisiana is considerable, yet the period at which that portion, which is applicable to the govt. of France, is to be paid, is so remote, and such delays are incident to that which will be recd. by our citizens, that it is to be presumed, the payment of what it wod. be proper to stipulate for the Floridas, wod. subject our Treasury to no embarrassment. I am the more confident in this opinion, from the belief that it wod. be easy to raise on the land alone, retaining to our govt. the jurisdiction, a sum which wod. be sufficient, to discharge the greater part of what it is probable Spain wod. ask for it. The bias of my mind therefore is to pursue this object by repairing immediately to Madrid, and endeavouring to obtain by treaty the territory in question, thereby extirpating the last remaining source of controversy or indeed of jealousy with these powers. If I proceed it will be in a week from this time, within which term every arrangement incident to the treaty & conventions we have formed with this republick will probably be completed; and the little provision necessary for my journey to Spain likewise made. On this subject I shall write you again soon, let the decision which I take be what it may. In case I go I shall leave my family at St. Germaine till my return which I shall expect to do, in a few months. I am with great respect & esteem yr. obt. servant
Jas. Monroe

   RC (DNA: RG 59, DD, France, vol. 8); letterbook copy (DLC: Monroe Papers). RC docketed by Wagner as received 1 Sept.

   Livingston and Monroe to JM, 13 May 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:601–6).

   JM to Livingston and Monroe, 2 Mar. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:364–78).


Title: To James Madison from Carlos Martínez de Yrujo, 18 May 1803 (Abstract)
From: Yrujo, Carlos Martínez de
To: Madison, James

18 May 1803. JM knows how much trouble “the Adventurer Bowles” has given Spain. Was assured in his conference with JM and Dearborn that the U.S. would take efficacious measures to apprehend Bowles whenever he was in U.S. territory. Encloses a copy of a letter just received from Henry White, governor of East Florida, reporting that “the Incendiary Bowles” is within U.S. territory. Friendship and the shared interest of Spain and the U.S. in cutting the thread of the intrigues and machinations of “this daring Adventurer,” as well as the spirit of the [Pinckney] treaty, require the U.S. government to take the most active measures to apprehend Bowles. Does not doubt that JM’s desire to promote the peace and welfare of U.S. citizens and harmony between the U.S. and Spain will lead to his giving this request the attention it merits and that Bowles, if within the U.S., will be arrested.

   RC and enclosure (DNA: RG 59, NFL, Spain, vol. 2). RC 2 pp.; in Spanish; in a clerk’s hand, except for Yrujo’s complimentary close and signature; copytext is Wagner’s interlinear translation. For enclosure, see n. 1.

   Yrujo enclosed a copy of Henry White’s 28 Apr. 1803 letter from St. Augustine (3 pp.; in Spanish; docketed and translated in margin by Wagner), stating that East Florida resident William Thompson had reported seeing Bowles in U.S. territory and that Bowles had told him that he had invited the Chickasaws and Choctaws to meet with the Creek chiefs at “Parachacolas” (probably Apalachicola) in mid-May to discuss a strategy against Spain.


Title: To James Madison from Colin and James Ross, 19 May 1803
From: Ross, Colin,Ross, James
To: Madison, James

Sir
Fredg. 19th. May 1803
We wrote you the 19th. Decr. and are since without being favor’d with any of yours. Your Richmond tobo was ship’d in the Magistrate for London & hope is ’ere now arrived how soon we hear of it you shall be advis’d. Agreable to Mr. Macon’s request on the 5th. Ulto. we charg’d you & credited him with One Hundred Pounds Currency on accot. of the Shipment p. the Magistrate.
We are now loading a Ship at Norfolk which will sail the first or second week in June if it suits you to ship the Tobacco at Roystons We. we will send it down or if you wish it; can send half the Crop to Liverpool by a Ship we expect to have in that River in all July. The Vessel at Norfolk for London belongs in part to ourselves & if you wish to import any article our C.R. will buy them & the freight shall be made low. With much respect We remain Sir Your mo Ob Servts.
Colin & James Ross

   RC (DLC).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:202–3.


Title: To James Madison from John Beckley, 20 May 1803
From: Beckley, John
To: Madison, James

Dear Sir,
Philadelphia, 20th: May 1803.
I expected to have left this City, yesterday, on my return home, but an unforeseen call to New York obliges me to go to that City for a few days, I therefore now enclose a sketch of the agreement to finish your chariot signed by Mr: Ogle and myself on your behalf. Mr: Kerr will superintend the finishing and completing it; he has himself purchased the leather for the harness and bespoke the plating for it, of the very best quality, and assures me that it shall be in all respects, a complete, wellbuilt and elegant carriage, equal to any that is made or built in this City.
The price is 480 dollars, exclusive of the expence of an Oilcloth case, pair of lamps, and the boxing and porterage of it for shipment to Washington, which Mr: Kerr will particularly attend to; I presume the whole expence will not exceed 510$, which, I flatter myself, you will deem moderate, after you shall have seen the Carriage. With great regard, I am, dear Sir, truly your’s,
John Beckley.

   RC and enclosure (DLC). For enclosure, see n. 1.

   According to the description in the enclosed 16 May agreement between Beckley and Thomas Ogle (1 p.), JM’s carriage was to be “close quartered, with complete venetian Window blinds and glasses allround, lined with a good light colored Cloth and handsome lace, painted in the best manner with an Olive green, Silver Mouldings, the Boot on steel springs and Coachmans seat in a Circular form, Wheels boxed—Harness of the best plated Silver—Mockplated joints—pair of lamps to be constructed for candles instead of Oil—a Silver M on the pannel of each door in cypher.” It was to be “completed in the best and most elegant style of Workmanship, on or before” 16 July, and delivered to James Kerr.

   Thomas Ogle was a Philadelphia coachwright (Robinson, Philadelphia Directory for 1803 [Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 4858], p. 190; Campbell, History of the Friendly Sons of St. Patrick, p. 492).

   James Kerr owned a saddlery and coach-furnishing business in Philadelphia (Campbell, History of the Friendly Sons of St. Patrick, p. 446).


Title: To James Madison from Robert R. Livingston, 20 May 1803
From: Livingston, Robert R.
To: Madison, James

No 77
Dear Sir
Paris 20th. May 1803
The Subject of this letter is too important to admit of delay in case the Treaties Should have been any time in your hands, but as it has not yet been fully considered by Mr Monroe he thinks he cannot make it that of a joint letter till we have more fully discussed it which we propose to do to morrow or the next day. But as that will be too late for this conveyance I throw out these hasty thoughts for your consideration in the mean time you will consider this rather as a private than as a public letter Since it may or may not be made use of to promote Such measures as upon mature deliberation the President Shall think proper to adopt. I do not however doubt that Mr Monroe will concur with me in opinion after we have discussed the Subject and that we Shall by the next opportunity write to you officially there on. I informed you long Since that on inquiring whether the Floridas were within the cession of Spain I was told by Mr Marbois that he was Sure that Mobile was but could not answer further. I believed his information incorrect because I understood that Louisiana as it then was made the object of the cession and that Since the possession of the Floridas by Britain they had changed their name but the moment I Saw the words of the Treaty of Madrid I had no doubt but it included all the country that France possessed by the name of Louisiana previous to their cession to Spain, except what had been conveyed by Subsequent treaties. I accordingly insisted with Mr Marbois at the time we negotiated that this would be considered as within our purchase—he neither assented or denied but Said that all they received from Spain was intended to be conveyed to us—that my construction was right is fairly to be inferred from the words of the treaties and from a comment upon them contained in the Spanish Minister’s letter to Mr Pinkney in which he expressly Says that France had recovered Louisiana as it formerly belonged to them Saving the rights of other powers. This leaves no doubt upon the Subject of the intention of the contracting parties. Now it is well known that Louisiana as possessed by France was bounded by the River Perdigo and that Mobile was the Metropolis for the facts relative to this I refer you to Raynal & to his maps. I have also Seen the maps here that puts this matter out of dispute. I called this morning upon Mr Marbois for a further explanation on this Subject & to remind him of his having told me that Mobile made a part of the cession. He told me that he had no precise Idea on the Subject but that he knew it to be an historical fact & that on that only he had formed his opinion. I asked him what orders had been given to the Prefet that was to take possession or what orders had been given by Spain as to the boundary in ceding it? He assured me that he did not know but that he would make the inquiry & let me know. At four o’clock I called for Mr Monroe to take him to the Minister for foreign affairs but he was prevented from accompanying me. I asked the Minister what were the East bounds of the Territory ceded to us—he said we did not know we must take it as they had received it. I asked him how Spain meant to give them possession? He Said: According to the Words of the Treaty. But what did you mean to take I do not know? Then you mean that we Shall construe it our own way? I can give you no direction you have made a noble bargain for yourselves & I suppose you will make the most of it.
Now Sir, the Sum of this business is to recommend to you in the Strongest terms after having obtained the possession that the french Commissary will give you to insist upon this as a part of your right and to take possession at all events to the River Perdigo. I pledge myself that your right is good and after the explications that have been given here you need apprehend nothing from the decisive measure your Minister here and at Madrid can Support your claim & the time is peculiarly favourable to enable you to do it without the Smallest risk at home. It may also be important to anticipate any designs that Britain may have upon that country, Should She possess herself of it & the war terminate favorably for her She will not readily relinquish it. With this in your hand, East florida will be of little moment & may be yours whenever you please. At all events, proclaim your right and take possession. Great pains are taken here to throw the blame of the war upon Britain & indeed She is generally charged with it by all Europe. Nothing Short of her awkward manner of going into it could have united this nation in it they wish for peace, but their pride is wounded & they will go into the war with ardour Britain risks every thing, & can I think only Set down even if fortunate where She left of [f] at the peace of Amiens. I am dear Sir with the highest esteem & respect your most Obt hum: Servt
Robt R Livingston

   RC (DNA: RG 59, DD, France, vol. 8); RC (PHC); draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1). First RC in a clerk’s hand, signed by Livingston; marked “Duplicate”; docketed by Brent as received 22 Aug. Second RC marked “Private”; docketed by Wagner as received 2 Sept. with the note: “Suggesting that Louisiana extends eastwardly to the Perdido &c.” Minor differences between the RCs have not been noted.

   Pinckney sent Livingston a copy of Cevallos’s 4 May 1803 letter immediately upon its receipt (see Pinckney to JM, 4 May 1803 [PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:571–72 and n. 2]).

   Livingston referred to Histoire philosophique et politique des établissemens et du commerce des Européens dans les deux Indes, by Guillaume-Thomas-François de Raynal (1713–96). This eleven-volume work included one volume of maps and tables (Sowerby, Catalogue of Jefferson’s Library, 1:214–15).

   “He” in the second RC and draft.

   From this point to the end of the letter the second RC reads: “The ratifications are not yet made out but will be tomorrow. The awkward management of England has united this nation heartily in the war tho extremely desirous of peace. The enclosed papers will shew you their justification.”


Title: To James Madison from Andrew Ellicott, 20 May 1803 (Abstract)
From: Ellicott, Andrew
To: Madison, James

20 May 1803, Lancaster. “I have enclosed a packet for our Minister Mr. Livingston at Paris. It contains a communication consisting principally of Astronomical observations for Mr. De Lambre one of the secretaries of the National Institute of France. I should not have troubled Mr. Livingston with it, had he not been so obliging as to request that he might be made the channel thro which my correspondence with the Institute passed.… Your attention to forwarding the packet with the first vessel by which you write to Mr. Livingston will confer a particular favour upon your friend.”

   RC (DLC); FC (DLC: Ellicott Papers). RC 1 p. FC is a letterpress copy. Enclosure not found.