USA > Louisiana > History of Louisiana, the Spanish domination > Part 36
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469
LIVINGSTON AND JOSEPH BONAPARTE.
could be done by negotiation than here. There is no people, no legislature, no counsellors. One man is every- thing. He seldom asks advice, and never hears it un- asked. His ministers are mere clerks; and his legislature and counsellors parade officers. Though the sense of every reflecting man about him is against this wild expedition, no one dares to tell him so. Were it not for the uneasiness it excites at home, it would give me none ; for I am persuaded that the whole will end in a relin- . quishment of the country, and transfer of the capital to the United States." Subsequent events showed, shortly after, that Mr. Livingston had proved a true prophet on this occasion.
On the 28th of October, he wrote to the President of the United States : "I had, two days ago, a very inte- resting conversation with Joseph Bonaparte, having put into his hands a copy of the memoir on Louisiana, which I sent the Secretary of State. I took occasion to tell him that the interest he had taken in settling the differ- ences between our respective countries had entitled him to our confidence, and that I should take the liberty to ask him his advice in matters that were likely to disturb the harmony that subsisted between our respective re- publics. He seemed pleased at the compliment, and told me he would receive with pleasure any communication I could make, but, as he would not wish to appear to interfere with the minister, he begged my communica- tions might be informal and unsigned-exactly what I wished, because I should act with less danger of commit- ting myself, and of course, with more freedom. He added, " you must not, however, suppose my power to serve you greater than it actually is ; my brother is his own coun- sellor ; but we are good brothers; he hears me with pleasure, and as I have access to him at all times, I have an opportunity of turning his attention to a particular
470
MR. LIVINGSTON AND JOSEPH BONAPARTE.
subject that might otherwise be passed over." I then asked him whether he had read my notes on Louisiana. He told me that he had, and that he had conversed upon the subject with the First Consul, who, he found, had read them with attention, and that his brother had told him that he had nothing more at heart than to be upon the best terms with the United States. I expressed to him my apprehensions of the jealousies that would naturally be excited from their vicinity, and the impossibility of preventing abuses in a military government established at so great a distance from home.
" Wishing to know whether the Floridas were in- cluded (which, however, I had pretty well ascertained before), I told him that the only cause of difference that might arise between us, being the debt and Louisiana, I conceived that both might be happily and easily removed by making an exchange with Spain, returning them Louisiana, retaining New Orleans, and giving the latter and the Floridas for our debt.
" He asked me whether we should prefer the Floridas to Louisiana ? I told him that there was no comparison in their value, but that we had no wish to extend our boundary across the Mississippi, or give color to the doubts that had been entertained of the moderation of our views ; that all we sought was security, and not ex- tension of territory. He replied, that he believed any new cession on the part of Spain would be extremely difficult ; that Spain had parted with Trinidad and Lou- isiana with great reluctance."
On the 11th of November, Mr. Livingston hastened to write to Mr. Madison ; "France has cut the knot. The difficulty relative to Parma and Placentia, that stopped the expedition to Louisiana, has ended by their taking possession of the first, as you see by the enclosed paper. Orders are given for the immediate embarkation
471
DANIEL CLARKE AND GENERAL VICTOR.
of troops (two demi-brigades) for Louisiana ; they will sail in about twenty days from Holland.' The govern- ment here will give no answer to my notes on the sub- ject. They will say nothing on that of our limits, or of our right under the Spanish treaty. Clarke has been presented to General Victor as a merchant from Lou- isiana. The General did not probably conceal his views. which are nothing short of taking exactly what they find convenient. When asked what they meant to do as to our right of entrepôt, he spoke of the treaty as waste paper ; and the Prefect did not know that we had any such right, though it had been the subject of many con- versations with the Minister, and of three different notes, The sum voted for this service is two millions and a half of francs ($500,000) ; as to the rest, they expect to compel the people to support the expenses of the govern- ment, which will be very heavy, as the number of the officers, civil and military, with their suite, is great ; and they are empowered to draw ; so that the first act of the new government will be the oppression of this people and our commerce. I believe you may add to this an early attempt to corrupt our people, and, if I may judge by the temper which the General will carry with him, an early attempt upon the Natchez, which they consider as the rival of New Orleans. If you look back to some of my letters on this subject, you will see my opinion of the necessity of strengthening ourselves by friend- ships at home, and by alliance abroad. No prudence will, I fear, prevent hostilities ere long ; and, perhaps, the sooner their plans develop themselves the better."
On the very same day he went on saying: " After writing mine of this date, I called on the Minister and insisted on some positive answer to my notes. He told me that he was expressly instructed by the First Consul to give me the most positive assurances that the treaties
472
TALLEYRAND'S ASSURANCES.
we had entered into with Spain or them, relative to Lou- isiana, should be strictly observed. When I expressed my surprise that their officers should not be informed on that head, though on the eve of departing, he assured me that they would be furnished with copies of the treaties, and directed to conform strictly to them. I asked why these assurances were not given to me in the usual form, by replying to my notes ? He said that he hoped that there would be no difficulty on that head, when the consul should arrive (he is now absent). I have stated this that you might, by comparing this con- versation with the contents of the letter, and the infor- mation derived from Clarke's conversation with the general, draw your own inferences, I shall endeavor to- day to see Joseph Bonaparte, though he has all along assured me that it was the Consul's intention to cultivate our friendship, and by no means to do anything that might endanger it. It will, however, be well to be on our guard, and, above all, to reinforce the Natchez, and to give it every possible commercial advantage. If we can put ourselves in a situation to prevent the danger of hostility, I think we may hope that the dissatisfaction of the inhabitants, the disappointment of the officers, and the drain of money which the establishment will occasion, will facilitate our views after a short time."
On the 27th of November, Mr. Madison addressed the American minister at Madrid in relation to the procla- mation of Morales which prohibited the deposit at New Orleans of American effects, as stipulated by the treaty of 1795, and closed the Mississippi to the external commerce of the United States from that port. He observed that this proceeding was so direct and palpable a violation of that treaty, that, in candor, he could not but impute it rather to the Intendant solely than to the instructions of his government. He added, that the
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473
THE RIGHT OF DEPOSIT AT NEW ORLEANS.
Spanish Minister at Washington took pains to impress this belief, and that it was favored by private accounts from New Orleans, mentioning that the Governor did not concur with the Intendant ; " but," said Mr. Madi- son, " from whatever source the measure may have pro- ceeded, the President expects that the Spanish govern- ment will neither lose a moment in countermanding it, nor hesitate to repair every damage which may result from it. You are aware of the sensibility of our West- ern citizens to such an occurrence. This sensibility is justified by the interest they have at stake. The Missis- sippi to them is every thing. It is the Hudson, the Dela- ware, the Potomac, and all the navigable rivers of the At- lantic states, formed into one stream. The produce export- ed through that channel, last year, amounted to one mil- lion six hundred and twenty-two thousand six hundred and seventy-two dollars from the districts of Kentucky and Mississippi only, and will probably be fifty per cent. more this year, from the whole Western country. Ken- tucky alone has exported, for the first half of this year, five hundred and ninety-one thousand four hundred and thirty-two dollars in value, a great part of which is now, or will shortly be, afloat for New Orleans, and conse- quently exposed to the effects of this extraordinary exer- cise of power. Whilst you presume, therefore, in your representations to the Spanish government, that the conduct of its officer is no less contrary to its intentions than it is to its good faith, you will take care to express the strongest confidence that the breach of the treaty will be repaired in every way which justice and a regard for a friendly neighborhood may require.
* *
" In the meantime," continued Mr. Madison, "it is to be hoped that the Intendant will be led to see the error which he has committed, and to correct it before a very
474
MADISON'S DESPATCH ON COLONIAL OFFICERS.
great share of its mischief will have happened. Should he prove as obstinate as he has been ignorant or wicked, nothing can temper the irritation and indigna- tion of the Western country but a persuasion that the . energy of their government will obtain from the jus- tice of that of Spain the most ample redress.
" It has long been manifest that, whilst the injuries to the United States, so frequently occurring from the colo- nial officers scattered over our hemisphere, and in our neighborhood, can only be repaired by a resort to their respective sovereigns in Europe, it will be impossible to guard against most serious inconveniences. The instance before us strikes with peculiar force, and presents an occasion on which you may advantageously suggest to the Spanish government the expediency of placing in their minister on the spot, an authority to control or correct the mischievous proceedings of their colonial officers towards our citizens ; without which any one of fifteen or twenty individuals, not always among either the wisest or best of men, may, at any time, threaten the good understanding of the two countries. The distance between the United States and the old continent, and the mortifying delay of explanations and negotiations across the Atlantic on emergencies in our neighborhood, render such a provision indispensable, and it cannot be long before all the governments of Europe, having American colonies, must see the policy of making it."
It is evident that there was a march of events which, if not checked, would soon have brought on a crisis of the most serious nature. Mr. Livingston had now been twelve months in Paris, and had not been so fortunate as to receive a conclusive answer in any one of the affairs that he had had to transact with the Minister of Ex- terior Relations. This state of things was becoming intolerable, and was certainly offensive to the dignity of
475
THE PRESIDENT TO CONGRESS.
a nation which, though comparatively weak at the time, still had the consciousness of its growing strength and of its proud destinies. In relation to the unjustifiable delays and mysterious reserves on the part of France, Mr. Livingston, on the 24th of December, thus wrote to a French statesman: "Congress are now in session ; they will infer from every paper submitted to them by the President, that the French government are disposed to show them but little attention. The obscurity that covers the designs of France on Louisiana (for not the least light can I, officially, obtain on the subject) will double their apprehensions ; this, added to the clamors of ruined creditors, and the extreme severity with which some of their citizens have been treated in St. Domingo, and the extraordinary decisions, of the Council of Prizes, &c., will leave a fair field for the intrigues of the enemies of France, and even enlist the best patriots of America on their side."
A few days before (15th December) the President of the United States, in a message to Congress, had thus expressed his sentiments to that body on this interesting subject : "The cession of the Spanish province of Lou- isiana to France, which took place in the course of the late war, will, if carried into effect, make a change in the aspect of our foreign relations, which will doubtless have just weight in any deliberations of the Legislature con- nected with that subject." Such language was suffi- ciently significant, and was abundantly justified by existing circumstances.
Let us now avert our eyes from the diplomatic circles of Europe, and turn them to the legislative halls of Con- gress in Washington. On the 23d of December, 1802, the President sent to the House of Representatives a message, in which he said in relation to the subject which engrossed public attention : "That he was aware
476
THE PRESIDENT TO MONROE.
of the obligations to maintain in all cases the rights of the nation, and to employ for that purpose those just and honorable means which belong to the character of the United States ;"-to which that body, shortly after, replied : "That relying, with perfect confidence, on the wisdom and vigilance of the Executive, they would wait the issue of such measures as that department of the gov- ernment should have pursued for asserting the rights of the United States-holding it to be their duty, at the same time, to express their unalterable determination to maintain the boundaries and the rights of navigation and commerce through the river Mississippi, as established by existing treaties."
Before the gathering of the storm, which already dark- ened the horizon, it became the pilot who held the helm of the State to look round for all the resources he had at hand, and, on the 10th of January, 1803, the President wrote to Mr. Monroe : " I have but a moment to inform you, that the fever into which the Western mind is thrown by the affair at New Orleans, stimulated by the mercan- tile and generally the federal interest, threatens to over- bear our peace. In this situation, we are obliged to call on you for a temporary sacrifice of yourself, to prevent this greatest of evils in the present prosperous tide of affairs. I shall to-morrow nominate you to the Senate, for an extraordinary mission to France, and the cir- cumstances are such as to render it impossible to de- cline ; because the whole public hope will be rested on you."
The Senate having sanctioned the nomination, Mr. Jefferson again wrote, on the 13th, to the distinguished man in whom he reposed such implicit confidence " All eyes are now fixed on you; and were you to de- cline, the chagrin would be great, and would shake under your feet the high ground on which you stand
477
THE PRESIDENT TO MONROE.
with the public. Indeed I know nothing which would produce such a shock; for on the event of this mission depend the future destinies of this Republic. If we cannot, by a purchase of the country, ensure to ourselves a course of perpetual peace and friendship with all nations, then, as war cannot be far distant, it behoves us immediately to be preparing for that course, without, however, hastening it; and it may be necessary (on your failure on the continent) to cross the channel. We shall get entangled in European politics, and, figur- ing more, be much less happy and prosperous. This can only be prevented by a successful issue to your present mission. I am sensible, after the measures you have taken for getting into a different line of business, that it will be a great sacrifice on your part, and that it pre- sents, from the season and other circumstances, serious difficulties. But some men are born for the public. Nature, by fitting them for the service of the human race on a broad scale, has stamped them with the evi- dences of their destination and their duty."*
On the 14th of February (1803) Mr. Ross, from Penn- sylvania, said in the Senate : "He was fully aware that the Executive of the United States had acted ; that he had sent an Envoy Extraordinary to Europe. This was the peculiar province, and, perhaps, the duty of the President. He would not say that it was unwise in this state of our affairs to prepare for remonstrance and nego- tiation, much less was he then about to propose any mea- sure that would thwart negotiation or embarrass the President. On the other hand, he was convinced that more than negotiation was absolutely necessary, that more power and more means ought to be given to the President, in order to render his negotiations efficacious.
* Barbe Marbois's History of Louisiana.
478
DEBATES IN CONGRESS.
Could the President proceed further even if he thought more vigorous measures proper and expedient ? Was it in his power to repeal and punish the indignity put upon the nation ? Could he use the public force to redress our wrongs ? Certainly not. This must be the act of Congress. They are now to judge of ulterior measures ; they must give the power, and vote the means to vindi- cate, in a becoming manner, the wounded honor and the best interests of the country.
" To the free navigation of the Mississippi, we had an undoubted right from nature, and from the position of our western country. This right and the right of deposit in the island of New Orleans, had been solemnly acknow- ledged and fixed by treaty in 1795. That treaty had been in actual operation and execution for many years ; and now, without any pretence of abuse or violation on our part, the officers of the Spanish Government deny that right, refuse the place of deposit, and add the most offensive of all insults, by forbidding us from landing on any part of their territory, and shutting us out as a com- mon nuisance.
" By whom has this outrage been offered ? By those who have constantly acknowledged our right, and now tell us that they are no longer owners of the country ! They have given it away, and, because they have no longer a right themselves, therefore, they turn us out, who have an undoubted right. Fortunately for this country, there could be no doubt in the present case ; our national right had been acknowledged, and solemnly secured by treaty. It was violated and denied without provocation or apology. The treaty then was no secu- rity. This evident right was one, the security of which ought not to be precarious ; it was indispensable that the enjoyment of it should be placed beyond doubt. He declared it, therefore, to be his firm and mature opinion,
479
MR. ROSS IN THE SENATE.
that so important a right would never be secure, while the mouth of the Mississippi was exclusively in the hands of Spaniards. Caprice and enmity occasion constant in- terruption. From the very position of our country, from its geographical shape, from motives of complete inde- pendence, the command of the navigation of the river ought to be in our hands.
" We are now wantonly provoked to take it. Hos- tility in its most offensive shape has been offered by those who disclaim all right to the soil and the sovereignty of that country-an hostility fatal to the happiness of the Western World. Why not seize then what is so essen- tial to us as a nation ? Why not expel the wrongdoers ? Wrongdoers by their own confession, to whom by seizure we are doing no injury. Paper contracts, or treaties, have proved too feeble. Plant yourselves on the river, fortify the banks, invite those who have an interest at stake to defend it; do justice to yourselves when your adversaries deny it; and leave the event to Him who controls the fate of nations.
" Why submit to a tardy, uncertain negotiation, as the only means of regaining what you have lost-a negotia- tion with those who have wronged you ; with those who declare they have no right, at the moment they deprive you of yours ? When in possession, you will negotiate with more advantage. You will then be in the condition to keep others out. You will be in the actual exercise of jurisdiction over all your claims ; your people will have the benefits of a lawful commerce. When your determination is known, you will make an easy and an honorable accommodation with any other claimant. The present possessors have no pretence to complain, for they have no right to the country by their own confession. The Western people will discover that you are making every effort they could desire for their protection. They
1
480 THE HOUSE OF REPRESENTATIVES TO THE SENATE.
will ardently support you in the contest, if a contest be- comes necessary. Their all will be at stake, and neither their zeal nor their courage need be doubted.
" But after negotiation shall have failed, after a pow- erful, ambitious nation shall have taken possession of the key of your Western country, and fortified it; after the garrisons are filled by the veterans who have conquered the East, will you have it in your power to awake the generous spirit of that country and dispossess them ? No; their confidence in such rulers will be gone; they will be disheartened, divided, and will place no further dependence upon you. They must abandon those who lost the precious moment of seizing, and for ever securing their sole hope of subsistence and prosperity ; they must then, from necessity, make the best bargain they can with the conqueror."
On the 15th, a confidential message was brought from the House of Representatives to the Senate, transmitting to that body a bill which had passed the House, "to enable the President of the United States to commence with more effect a negotiation with the French and Spanish governments, relative to the purchase of the island of New Orleans, and the provinces of East and West Florida." This bill placed two millions of dollars at the disposal of the President, and the impression got abroad that this sum was to be used to secure the assist- ance of some powerful personages in Paris and Madrid in the negotiation which was to be opened with France and Spain.
On the 16th, Mr. Ross again took the floor, and con- tinued to urge that the American people should take redress into their own hands, without loss of time. "I know," said he, "that some gentlemen think there is a mode of accomplishing our object, of which, by a most
* The obligation of secrecy which had been imposed.
481
MR. ROSS'S RESOLUTIONS.
extraordinary proceeding* I am forbidden to speak on this occasion; I will not, therefore, touch it. But I will ask honorable gentlemen, especially those from the Western country, what they will say, on their return home, to a people pressed by the heavy hand of this calamity, when they inquire: What has been done ? What are our hopes ? How long will this obstruction continue ? You answer: We have provided a remedy, but it is a secret ! We are not allowed to speak of it there, much less here; it was only communicated to confidential men in whispers, with closed doors ; but, by and by, you will see it operate like enchantment; it is a sovereign balsam which will heal your wounded honor; it is a potent spell, or a kind of patent medicine, which will extinguish and for ever put at rest the devouring spirit which has desolated so many nations of Europe. You never can know exactly what it is: nor can we tell you precisely the time it will begin to operate ; but operate it certainly will, and effectually too! You will see strange things by and by; wait patiently, and place full faith in us, for we cannot be mistaken !- This idle tale may amuse children. But the men of that country will not be satisfied. They will tell you that they expected better things of you, that their confidence has been misplaced, and that they will not wait the operation of your newly invented drugs; they will go and redress themselves."
Then Mr. Ross read the following series of Resolu- tions :
" Resolved, That the United States have an indisputa- ble right to the free navigation of the river Mississippi, and to a convenient place of deposit for their produce and merchandise in the island of New Orleans.
" That the late infraction of such their unquestionable right is an aggression hostile to their honor and interest.
31
482
MR. WHITE'S SPEECH IN THE SENATE.
"That it does not consist with the dignity or safety of this Union to hold a right so important by a tenure so uncertain.
"That it materially concerns such of the American citizens as dwell on the Western waters, and is essential to the union, strength and prosperity of these States, that they obtain complete security for the full and peaceable enjoyment of such their absolute right.
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