USA > Louisiana > History of Louisiana, the Spanish domination > Part 35
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satelite suyo, y tambien enemigo mortal mio, no tienen limites, reitero á V. E. la suplica que le tengo hecha de que suspende su juicio, &c., &c.
* Que es importante contener la pluma y la lengua del dicho Pedrera, hombre audaz, en un pais compuesto por la mayor parte de estrangeros de penetracion, de religion y costumbres diversas, contrarios por naturaleza á la prudente y mo- derada sujecion á las leyes, y ansiosos de introducir novedades analogas á las maximas de libertad que se figuran favorecer su antojo y su capricho.
456
DREAD OF THE AMERICANS.
imagine, their tastes and caprices." The Governor pro- bably alluded in this despatch to the Americans, whose number was daily increasing in New Orleans.
The fact is, that rumors of the cession of Louisiana to France had reached that province, and had produced a deep sensation and a variety of feelings among its motley population. The Americans were not the least excited, and showed themselves very hostile to the contemplated measure. That class of the population had always been looked upon with a suspicious eye by the Spanish Go- vernment, which now became more averse than ever to permitting their number to increase, particularly on ac- count of the critical situation in which Louisiana was placed ; for this reason, the Baron de Bastrop having ceded to Moorhouse,* a citizen of the United States, a part of the large grant he had obtained from the Baron de Carondelet, in 1796, on the Ouachita, the king disap- proved of this arrangement, and, by a royal decree of the 18th of July, 1802, forbade the grant of any land in Louisiana to a citizen of the United States.
Acting under the influence of the same policy, and in order to prevent the afflux of Americans to New Orleans at a time which involved peculiar difficulties, the inten- dant Morales issued an order suspending the right of deposit at that town, by a proclamation of the 16th of October, 1802. This measure was extremely prejudicial to New Orleans, where it almost produced a famine by stopping the supplies of flour and other Western pro- duce necessary for the daily sustenance of its population.
When this news reached the Western people, they were fired with indignation at an act which suspended their commerce with New Orleans, and deprived them of an outlet without which they could hardly exist.
* Martin's History of Louisiana, vol. ii., p. 180.
457
MORALES' PROCLAMATION IN 1802.
Numerous appeals, petitions, and even violent threats were' addressed to the general government on the sub- ject, and the protracted embarrassments of the West were exposed to the whole people of the United States in so impressive a manner, as to command their deep attention and to force the government into immediate and energetic action. Here is a specimen of the lan- guage used on the occasion: "The Mississippi," said the Western people, "is ours* by the law of nature; it be- longs to us by our numbers, and by the labor which we have bestowed on those spots which, before our arrival, were desert and barren. Our innumerable rivers swell it, and flow with it into the Gulf of Mexico. Its mouth is the only issue which nature has given to our waters, and we wish to use it for our vessels. No power in the world shall deprive us of this right. We do not prevent the Spaniards and French from ascending the river to our towns and villages. We wish in our turn to de- scend it without any interruption to its mouth, to ascend it again, and exercise our privilege of trading on it and navigating it at our pleasure. If our most entire liberty in this matter is disputed, nothing shall prevent our taking possession of the capital, and, when we are once masters of it, we shall know how to maintain ourselves there. If Congress refuses us effectual protection, if it forsakes us, we will adopt the measures which our safety requires, even if they endanger the peace of the Union and our connection with the other States. No protec- tion, no allegiance."
Serano, the assessor of the intendancy, having died on the 1st of December, 1802, Morales, in consequence of this event, says Judge Martin in his History of Louisi- ana, closed the tribunal of affairs and causes relating to
* Barbé Marbois' History. Translation from the French. Philadelphia edi. tion. 1830. P 215.
458
MR. KING ON THE CESSION OF LOUISIANA.
the grants of royal lands and the compositions thereto appertaining, because the ordinance for the intendants of New Spain provided that, for conducting the affairs of that tribunal and substantiating its acts, there should be the concurrence of such a character. This measure also produced no small inconvenience to the public.
But let us return to Europe and see what was passing there in relation to Louisiana. The American ministers had not been sleeping at their posts, and Mr. Livingston had, on the 13th of January, 1803, thus addressed the Secretary of State at Washington: "My former letters left you little doubt on the subject of the cession of Louisiana. By the inclosed copy of the late treaty be- tween France and Spain, you will find that it is a trans- action of pretty long standing.
"The absence of the minister prevents my applying to him for the former treaty, which he will hardly know how to give me after absolutely denying that any had been formed on the subject. By the secrecy and dupli- . city practised relative to this object, it is clear to me that they apprehend some opposition on the part of America to their plans."
Two days after, Mr. King communicated also his views on the subject to Mr. Madison: "I have before men- tioned to you that the cession of Louisiana (of which it seems to me we can have no doubt, notwithstanding what may be said to amuse us) was not once a topic of inquiry or discussion in the negotiation of the prelimina- ries ;* and, for the same reason that it was not heard of on that occasion, Lord Hawkesbury has recently in- formed me that it had not been, and would not be, mentioned at Amiens.+ It is impossible for me to sup-
* The preliminaries of peace agreed to between France and England on the Ist of October, 18C :.
t The place where the representatives of England and France had met to dio- cuss the terms of a definitive peace between the two nations.
459
LIVINGSTON TO TALLEYRAND.
pose collusion in this affair, and my persuasion, after the most careful attention, is, that England abstains from mixing herself in it, precisely from those considerations which have led her to acquiesce in others of great im- portance to the balance of Europe, as well as her own repose, and upon which she has been altogether silent."
The studied reserve of the Spanish and French gov- ernments, and the mystery with which they had shrouded this late transaction, were but too well calculated to excite the anxieties of the American Ministers at Paris, Madrid, and London, and they were exceedingly desirous of ascertaining whether the treaty of cession between France and Spain included not only Louisiana but also the two Floridas. On the 20th of February, Mr. Living- ston addressed to the Minister of Exterior Relations the following note : "The undersigned, &c., * has seen, with some concern, the reserve of the French gov- ernment, with respect to the cession they have received from Spain of Louisiana.
"He had hoped that they would have found a propriety in making such frank and open communications to him, as would have enabled him to satisfy the government of the United States, that neither their boundary, nor the na- vigation of the Mississippi, secured by their treaties with Spain, would be, in any way, affected by the measure. It would also have been very satisfactory to him to have taken such arrangements with the Minister of Exterior Relations as would have had a tendency to dissipate the alarms the people of the Western territory of the United States will not fail to feel, on the arrival of a large body of French troops in their vicinity; alarms which will be increased by the exertions of those powers that are interested in keeping the two Republics from cementing their connexion. The policy of the former government of France led it to avoid all ground of controversy with
460
LIVINGSTON TO TALLEYRAND.
the United States, not only by declining to possess any territory in their neighborhood, but also by stipulating never to hold any. The undersigned does not, by this reference to the 6th article of the treaty of 1778, mean to claim any rights under it, since by the convention of Paris, September 30th, 1800, it is understood to be re- voked ; but merely to lead the French government to reflect, how far a regard to the same policy might render it conducive to the mutual interest of both nations to cover, by a natural barrier, their possessions in America, as France has invariably sought to do in Europe.
" The undersigned prays the Minister of Exterior Re- lations (if the request is not inconsistent with the views of the government), to inform him whether East and West Florida, or either of them, are included in the treaty made between France and Spain; and to afford him such assurances, with respect to the limits of their territory and the navigation of the Mississippi, hereto- fore agreed on between Spain and the United States, as may prove satisfactory to the latter.
" If the territories of East and West Florida be inclu- ded within the limits of the cession obtained by France, the undersigned desires to be informed how far it would be practicable to make such arrangements between their respective governments as would, at the same time, aid the financial operations of France, and remove, by a strong natural boundary, all future causes of discontent between her and the United States."
On the 26th of the same month, Mr. Livingston in- formed Mr. Madison that he had received no reply to the above note ; that he had discovered, however, that the projected establishment in Louisiana was disapproved by every statesman in France, as one that would occasion a great waste of men and money, excite enmities with the United States, and produce no possible advantage to
461
LIVINGSTON TO MADISON.
the French nation. But he added that it was a scheme to which the French Consul was extremely attached ; and therefore, that those about him felt themselves compelled to support it ; and that General Bernadotte was understood to be designed for the command of the new colony, and to have asked ten thousand tro ops.
Notwithstanding all his exertions, the American minis- ter continued to remain in the dark in relation to the designs of France on Louisiana and the Floridas, as ap- pears by a communication which he addressed on the 24th of March, to the Secretary of State at Washington : "On the business of Louisiana," said he, "they have, as yet, not thought it proper to give me any explanations, though I have omitted no opportunity to press the sub- ject in conversation, and ultimately by the note sent you on the 26th of February, with the copy of another note enforcing the above, to which I have as yet received no answer.
"The fact is, they believe us to be certainly hostile to the measure, and they mean to take possession of Loui- siana as early as possible, and with as little notice to us as they can.
"They are made to believe this is one of the most fer- tile and important countries in the world ; that they have a much greater interest with the Indians than any other people; that New Orleans must command the trade of our whole Western country ; and, of course, that they will have a leading interest in its politics. It is a darling object with the first consul, who sees in it a means to gratify his friends, and to dispose of his armies. There is a man here, who calls himself a Frenchman, by the name of Francis Tatergem, who pretends to have great interest with the Creek nations. He has been advanced to the rank of a general of division. He per- suades them that the Indians are extremely attached to
462
TREATY OF AMIENS.
France, and hate the Americans; that they can raise twenty thousand warriors ; that the country is a paradise, &c. I believe him to be a mere adventurer ; but he is listened to, and was first taken up by the old directors."
On the 24th of April, although another month had elapsed, Mr. Livingston had gained no ground, and again repeated to Mr. Madison : "The business most interesting to us, that of Louisiana, still remains in the state it was. The minister will give no answer to any inquiries I make on that subject. He will not say what their boundaries are, what are their intentions, and when they are to take possession."
In the meantime, however, a definitive treaty of peace between Spain, France, and Great Britain, had been signed at Amiens on the 25th of March, and this circum- stance, which opened the ocean to Bonaparte's contem- plated expedition in relation to Louisiana, keenly in- creased the anxieties of the United States, and they began to assume a tone which shows the deep feeling of the country on the subject. On the 1st of May, Mr. Madison wrote the following despatch to Mr. Livingston : " The conduct of the French Government in paying so little attention to its obligations under the treaty, in neglecting its debts to our citizens, in giving no answers to your complaints and expostulations, which you say is the case with those of other foreign ministers also, and particularly in its reserve as to Louisiana, which tacitly contradicts the language first held to you by the Minis- ter of Foreign Relations-gives tokens as little auspicious to the true interests of France herself, as to the rights and just objects of the United States.
"The cession of Louisiana to France becomes daily more and more a source of painful apprehensions. Not- withstanding the treaty of March, 1801, and notwith- standing the general belief in France on the subject, and
463
MR. MADISON TO MR. LIVINGSTON.
the accounts from St. Domingo that part of the arma- ment sent to that island was eventually destined for Louisiana, a hope was still drawn from your early con- versations with Mr. Talleyrand, that the French Govern- ment did not mean to pursue the object. Since the receipt of your last communications, no hope remains but from the accumulating difficulties of going through with the undertaking, and from the conviction you may be able to impress, that it must have an instant and power- ful effect in changing the relations between France and the United States. The change is obvious; and the more it can be developed in candid and friendly appeals to the reflections of the French Government, the more it will urge it to revise and abandon the project. A mere neighborhood could not be friendly to the harmony which both countries have so much an interest in cherishing ; but if a possession of the mouth of the Mississippi is to be added to the other causes of discord, the worst events are to be apprehended. You will consequently spare no efforts, that will consist with prudence and dignity, to lead the councils of France to proper views of this sub- ject, and to an abandonment of her present purpose. You will also pursue, by prudent means, the inquiry into the extent of the cession-particularly whether it includes the Floridas as well as New Orleans-and endeavor to ascertain the price at which these, if included in the cession, would be yielded to the United States. I cannot, in the present state of things, be more particular on this head than to observe that, in every view, it would be a most precious acquisition, and that, as far as the terms could be satisfied by charging on the acquisition itself the restitutions and other debts to American citizens, great liberality would doubtless be indulged by this government."
In England, Mr. King had not been inactive and had
464
MR. KING AND LORD HAWKESBURY.
written a note to Lord Hawkesbury, inquiring whether the British government had received from the govern- ments of France and Spain any communication relating to the cession of Louisiana, and whether his Britannic Majesty had, in any manner, acquiesced in, or sanctioned the same, so as to impair or affect the stipulations con- cerning the free navigation of the Mississippi. "In a word," said Mr. King, " I entreat your Lordship to open yourself on this occasion, with that freedom which, in matters of weighty concern, is due from one friendly nation to another, and which, in the present instance, will have the effect to do away all those misconceptions that may otherwise prevail in respect to the privity of Great Britain to the cession in question."
To this communication Lord Hawkesbury gave the following answer, on the 7th of May: "It is impossible that so important an event as the cession of Louisiana by Spain to France should be regarded by the King in any other light than as highly interesting to his Majesty and to the United States, and should not render it more necessary than ever that there should subsist between the two governments that spirit of confidence which is become so essential to the security of their respective territories and possessions.
" With regard to the free navigation of the Mississippi, I conceive that it is perfectly clear, according to the law of nations, that, in the event of the district of Louisiana being ceded to France, that country would come into possession of it, subject to all the engagements which appertained to it at the time of cession ; and that the French government could consequently allege no colorable pretext for excluding his Majesty's subjects, or the citizens of the United States, from the navigation of the river Mississippi.
" With regard to the second question in your letter, I
465
MR. KING AND LORD HAWKESBURY.
can have no difficulty in informing you that no commu- nication whatever has been received by his Majesty from the government of France or Spain, relative to any convention or treaty for the cession of Louisiana, or the Floridas ; I can, at the same time, most truly assure you that his Majesty has not in any manner, directly or indirectly, acquiesced in or sanctioned the cession.
"In making this communication to you, for the government of the United States, I think it right to acquaint you that his Majesty will be anxious to learn their sentiments on every part of this subject, and the line of policy which they will be inclined to adopt, in the event of this arrangement being carried into effect."
It seems by a despatch of Mr. Livingston, of the 20th of May, that the French government was still continu- ing to hold the same conduct with respect to his inquiries in relation to its designs on Louisiana, and would not acknowledge that it had formed any specific plan with regard to that province, or that any troops were going out; but assurances were given to him, in general terms, that nothing should be done that could afford any just ground of complaint to the United States, and that, on the contrary, the vicinity of the French would promote mutual friendship between them and the Americans.
At last, on the 28th of May, Mr. Livingston felt au- thorized to write to Mr. Madison that he had acquired information on which he could depend, in relation to the intention of the French government with respect to Louisiana. "Bernadotte," said he, "is to command, Collot, second in command; Adet is to be prefect ; but the expedition is delayed until about September, on ac- count (as Talleyrand expressed himself to Bernadotte) of some difficulty which he did not explain : but which,
30
466
LIVINGSTON'S EXERTIONS IN FRANCE.
I have no doubt, has arisen from the different apprehen- sions of France and Spain relative to the meaning of the term Louisiana, which has been understood by France to include the Floridas, but probably by Spain to have been confined to the strict meaning of the term. This is why I could never get an answer to my questions rela- tive to the extent of the cession; and upon which the French government had probably no doubt, till we started it. Believing, if this conjecture as to the cause of the delay of the expedition was right, that no time should be lost in throwing obstructions in the way of its conclusion, I wrote a note of which the inclosed is a copy, with the double purpose of alarming Spain, and furnishing her statesmen with arguments, arising from the good faith owed us, against giving their cession the construction France would wish." The note to which Mr. King alludes here was addressed by him to Che- valier D'Azara, ambassador of His Catholic Majesty at Paris.
"On the 30th of July, Mr. Livingston informed the Secretary of State at Washington, that he was earnestly engaged in preparing a lengthy memorial on the subject of the mutual interest of France and the United States relative to Louisiana, by which he hoped to convince France that, both in a commercial and political view, the possession of it would be disadvantageous to her. "In my last," said he, "I hinted to you my suspicions that France and Spain did not understand each other on the subject of Louisiana, and communicated to you my letters to the Spanish ambassador, calculated to sound this bu- siness and interpose some difficulties to its execution. His answer confirmed my opinion. I have since received, verbally, his explicit assurance that the Floridas are not included in the cession; and I have been applied to, by one of the ministers here, to know what we understand,
467
HIS VIEWS ON THE CESSION OF LOUISIANA.
In America, by Louisiana. You can easily conceive my * * * answer. *
* * *
"The French, you know, have always extended it to South Carolina and all the country on the Ohio. Since the possession of the Floridas by Britain, and the treaty of 1763, I think there can be no doubt as to the precise meaning of the terms. * *
* * *
"In the present state of things, until the point is set- tled, I think it probable the expedition to Louisiana will be postponed. In the meantime, all that can be done here will be to endeavor to obtain a cession of New Orleans, either by purchase, or by offering to make it a port of entry to France, on such terms as shall promise advantages to her commerce, and give her hopes of in- troducing her manufactures and wines into our Western country. An arrangement of this sort, if they listen to it, would certainly be beneficial to both countries, and only hurtful to Britain."
On the 10th of August, he said: "Our own affairs have advanced but little, since the whole attention of those in power is turned to objects nearer home. I have had several conferences on the subject of Louisiana, but can get nothing more from them than I have already communicated. I have thought it best, by conversation and by writing, to pave the way, prior to my applica- tion, till I know better to what object to point. For this purpose, I have written the inclosed essay, which I have translated, and of which I have struck off twenty copies ; I have placed some of them in such hands as I think will best serve our purposes. Talleyrand has pro- mised me to give it an attentive perusal; after which, when I find how it works, I will come forward with some proposition. I am very much at a loss, however,
468
MR. LIVINGSTON'S NEGOTIATIONS.
as to what terms you would consider it as allowable to offer, if they can be brought to sale of the Floridas, either with or without New Orleans; which last place will be of little consequence, if we possess the Floridas, because a much better passage may be formed on the east side of the river. I. may, perhaps, carry my esti- mate of them too high; but, when I consider, first, the expense it will save us in guards and garrisons, the risk of war, the value of duties, and next what may be raised by the sale of lands, I should think them a cheap pur- chase. I trust, however, that you will give me some directions on this head, and not leave the responsibility of offering too much or too little, entirely at my door. I speak, in all this business, as if the affair of the Flori- das was arranged with Spain; which, I believe, is not' yet the case."
It seems that Spain was desirous that the Duchy of Parma should be annexed to Tuscany, which had been erected into the kingdom of Etruria in favor of one of her princes; that she might, for such a consideration, have been willing to let the Floridas go with Louisiana; and that some negotiation to that effect was on foot at that time.
On the 1st of September, Mr. Livingston resumed the interesting topic, in a despatch to Mr. Madison, in which he said : "I yesterday made several propositions to the minister on the subject of Louisiana. He told me frankly that every offer was premature; that the French go- vernment had determined to take possession first; so that you must consider the business as absolutely deter- mined on. The armament is what I have already men- tioned, and will be ready in about six weeks. I have every reason to believe the Floridas are not included. They will, for the present at least, remain in the hands of Spain. There never was a government in which less
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