USA > Louisiana > History of Louisiana, the Spanish domination > Part 40
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"' Perhaps it will also be objected to me that the Ameri- cans may be found too powerful for Europe in two or three centuries ; but my foresight does not embrace such remote fears. Besides, we may hereafter expect rivalries among the members of the Union. The confederations that are called perpetual, only last till one of the con- tracting parties finds it to his interest to break them, and it is to prevent the danger to which the colonial power of England exposes us, that I would provide a remedy.
523
BONAPARTE IN THE COUNCIL.
The Minister made no reply. The First Consul con- tinued : "Mr. Monroe is on the point of arriving. To this minister, going a thousand leagues from his con- stituents, the President must have given, after defining the object of his mission, secret instructions, more exten- sive than the ostensible authorization of Congress, for the stipulation of the payments to be made. Neither this minister, nor his colleague, is prepared for a decision which goes infinitely beyond anything that they are about to ask of us. Begin by making them the overture, without any subterfuge. You will acquaint me, day by day, hour by hour, of your progress. The cabinet of London is informed of the measures adopted at Washing- ton, but it can have no suspicion of those I am now taking. Observe the greatest secrecy, and recommend it to the American Ministers ; they have not a less inte- rest than yourself in conforming to the counsel. You will correspond with M. de Talleyrand, who alone knows my intentions. If I attended to his advice, France would confine her ambition to the left bank of the Rhine, and would only make war to protect the weak states and to prevent any dismemberment of her possessions. But he · also admits that the cession of Louisiana is not a dismem- berment of France. Keep him informed of the progress of this affair."
Thus it is seen that, according to Marbois's own ac- count, Bonaparte had determined, on the 10th of April, to part with Louisiana, and that he was as anxious to sell as the American Ministers to purchase. Both parties, being in such dispositions, could not fail to come promptly to some definite conclusion, despite the little coquetting. and by-play acted on the part of Messrs. Marbois and Talleyrand, as described by Mr. Livingston, and which no doubt were intended to enhance the value of the commodity they had to dispose of.
524
TREATY OF CESSION TO THE U. S.
The treaty of cession* was signed on the 30th of April. Louisiana was transferred to the United States, with all its rights and appurtenances, as fully and in the same manner as they had been acquired by the French Republic from Spain, on condition of the Americans consenting to pay to France eighty millions of francs, twenty millions of which should be assigned to the payment of what was due by France to the citizens of the United States. Some commercial advan- tages were besides stipulated in favor of France.
Article 3 of the treaty, which reads as follows : "The inhabitants of the ceded territory shall be incor- porated in the Union of the United States, and ad- mitted as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States; and in the meantime they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess"-was, wrote Marbois, prepared by the First Consul himself, who said on that occasion: "Let the Louisianians know that we separate ourselves from them with regret; that we stipulate in their favor every thing that they can desire, and let them, hereafter, happy in their independence, recollect that they have been Frenchmen, and that France, in ceding them, has secured for them advantages which they could not have obtained from an European power, however paternal it might have been. Let them retain for us sentiments of affection ; and may their common origin, descent, lan- guage, and customs, perpetuate the friendship."
As soon as the Ministers had signed the treaty, writes the same author, who had acted so conspicuous a part in that important event, they rose and shook hands, when
* See the Appendix.
525
DIPLOMATIC HAND-SHAKING.
Mr. Livingston, expressing the satisfaction which they felt, said: "We have lived long, but this is the noblest work of our whole lives. The treaty which we have just signed has not been obtained by art or dictated by force; equally advantageous to the two contracting parties, it will change vast solitudes into flourishing dis- tricts. From this day the United States take their place among the powers of the first rank; the English lose all exclusive influence in the affairs of America. Thus one of the principal causes of European rivalries and animosities is about to cease. However, if wars are inevitable, France will hereafter have in the New World a natural friend, that must increase in strength from year to year, and one which cannot fail to become powerful and respected in every sea. The United States will re-establish the maritime rights of all the world, · which are now usurped by a single nation. These treaties will thus be a guarantee of peace and concord among commercial states. The instruments which we have just signed will cause no tears to be shed: they prepare ages of happiness for innumerable generations of human creatures. The Mississippi and Missouri will see them succeed one another, and multiply, truly worthy of the regard and care of Providence, in the bosom of equality, under just laws, freed from the errors of superstition and the scourges of bad government.".
As to the First Consul, when he was informed of the conclusion of the treaty, he sententiously and propheti- cally said : "This accession of territory strengthens for ever the power of the United States; and I have just given to England a maritime rival, that will sooner or later humble her pride."
Thus closed these negotiations, which I have thought of sufficient interest to be related in detail, and which eventuated in the most important treaty perhaps ever
526
BONAPARTE'S PROPHECY.
signed in the nineteenth century, if it be judged by its consequences to the United States and to the rest of the world. Among those consequences were the extension of the area of freedom, an immense accretion to the physical and moral power of the great American Re- public, and the subsequent acquisition of the Floridas, Texas, California, and other portions of the Mexican territory. Other results, at least of equal magni- tude, may be clearly foreseen, and it may be permitted to the pride of patriotism to hope for the realization of Bonaparte's prevision : "that the day may come when the cession of Louisiana to the United States shall render the Americans too powerful for the continent of Europe."
CHAPTER IX.
SALCEDO'S ADMINISTRATION.
1801 to 1803.
As it has been seen, the treaty of cession was signed on the 30th of April. On the 7th of May, Mr. King wrote from London to Mr. Livingston and Monroe : " In case of war, it is the purpose of this government (the British government), to send an expedition to occupy New Orleans. If it be ceded to us, would it not be ex- pedient openly or confidentially to communicate the fact here ? I have reason to be satisfied that it would pre- vent the projected expedition. I shall remain here till the 14th, in hopes that I may receive your answer, which may be expedited by a courier, should the communica- tion be deemed prudent." The answer was : " We have the honor to inform you that a treaty has been signed (the 30th April) between the Minister Plenipotentiary of the French government and ourselves, by which the United States have obtained the full right to and sove- reignty in and over New Orleans and the whole of Lou- isiana, as Spain possessed the same. If you should find it necessary to make any communication to the British government on this subject, you may likewise inform them, that care has been taken so to frame the treaty as not to infringe upon any of the rights that Great Britain might claim in the navigation of the Mississippi." Mr
-
528
IMPORTANCE OF THE CESSION.
King immediately communicated this information to the British government, and, in reply, Lord Hawkesbury said : "I have received his Majesty's commands to express to you the pleasure with which his Majesty has received this intelligence."
In laying before the Secretary of State all the details of this negotiation, Mr. Livingston observed: "As I believe that, next to the negotiation that secured our independence, this is the most important the United States have ever entered into, I thought that every thing that led to it might interest you and the President." And, in a joint despatch of the 13th of May, Messrs. Livingston and Monroe remarked: " 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. *
" We found, as we advanced in the negotiation, that M. 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.
*
" We adjust by it the only remaining known cause of variance with this powerful nation; we anticipate the discontent of the great rival of France, who would pro- bably have been wounded at any stipulation of a perma- nent 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
529
IMPORTANCE OF THE CESSION.
from the European world and its concerns, especially its wars and intrigues. We make, in fine, a great stride to real and substantial independence, the great effect where- of will, we trust, be felt essentially and extensively in all our foreign and domestic relations. Without exciting the apprehension 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 increased parity of interests which it will communicate to the several parts which compose it."
It will be recollected that when the cession of Lou- isiana by Spain to France was heard of, the Ministers of the United States in Paris, London, and Madrid, had made inquiries to ascertain whether the Floridas were included in the cession as part of Louisiana, and had expressed the opinion that they were not. But that opinion underwent a change, at least with regard to a portion of the Floridas, soon after the signing of the treaty of cession transferring the same province to the United States, such as it had been acquired from Spain, and Mr. Livingston, on the 20th of May, wrote as fol- lows to Mr. Madison on this subject : "I informed you long since, that, on inquiring whether the Floridas were within the cession of Spain, I was told by M. Marbois he was sure that Mobile was, but could not answer farther. 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 names. But the moment I saw the words of the treaty of Ma- drid, 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 M.
34
530
TALLEYRAND'S WAY OF EXPLAINING.
Marbois, at the time we negotiated, that this would be considered as within our purchase. He neither assented nor denied, but said that all they received from Spain, was intended to be conveyed to us. That my construc- tion was right, is fairly to be inferred from the words of the treaties, and from a comment upon them con- tained in the Spanish Minister's letter to Mr. Pinckney, in which he expressly says, that France had recovered Louisiana as it formerly belonged to her, 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 Perdido, and that Mobile was the metropolis. For the facts relative to this, I refer you to Raynal and to his maps. I have also seen maps here which put the matter out of dispute.
"I called this morning upon M. Marbois for a further explanation on this subject, and 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, and that on that only he had formed his opinion. I asked him what orders had been given to the Prefect who 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, and let me know. At four o'clock I called for Mr. Monroe to take him to the Minister of Foreign Affairs (Talley- rand); but he was prevented from accompanying me. I asked the minister (Talleyrand) what were the east bounds of the territory ceded to us ?' He said he 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
531
WAS WEST FLORIDA CEDED ?
mean that we shall construe it our own way ?- I can give you no direction; you have made a noble bargain for yourselves, and 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 pos- session, at all events, to the river Perdido. I pledge myself that your right is good; and, after the explana- tions that have been given here, you need apprehend nothing from a decisive measure. Your ministers here, and at Madrid, can support your claim; and the time is peculiarly favorable 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, and the war terminate favorably for her, she will not readily relin- quish it. With this in your hand, East Florida will be of little moment, and may be yours whenever you please. At all events, proclaim your right and take possession."
On the 7th of June, Messrs. Livingston and Monroe again said in a joint despatch to Mr. Madison : " We are happy to have it in our power to assure you, that, on a thorough examination of the subject, we consider it in- controvertible that West Florida is comprised in the cession of Louisiana."
Let us now see the view taken of this question by the French negotiator. It cannot be done better than by quoting his own language. "The American negotia- tors," said he, "easily agreed on the declaration contained in the first article : The colony or province of Louisiana is ceded by France to the United States, with all its rights and appurtenances, as fully and in the same manner as
532
FRENCH VIEW OF THE QUESTION.
they have been acquired by the French Republic, by virtue of the third article of the treaty concluded with his Catho- lic Majesty at St. Ildephonso, on the 1st of October, 1800. Terms so general, seemed, however, to render necessary some explanations, relative to the true extent of Loui- siana, &c. * * * *
" There were some historical and diplomatic researches on the first occupation and earliest acts of sovereignty. But they were only attended with the results usual in such cases. Travellers and historians had not left on this subject any but vague and general notions; they had only narrated some accidents of navigation, some acts of occupation, to which contradictory ones might be opposed. According to old documents, the bishopric of Louisiana extended to the Pacific ocean, and the limits of the diocess thus defined were secure from all dispute. But this was at the most a matter in expectancy, and the Indians of those regions never had any suspicion of the spiritual jurisdiction which it was designed to exer- cise over them. Besides, it had no connection with the rights of sovereignty and property. One important point was, however, beyond all discussion; according to the then existing treaties, the course of the Mississippi, in descending this river to the 31st degree of north lati- tude, formed the boundary line, leaving to the United States the country on its left bank ; to the right, on the other hand, there were vast regions without well defined boundaries, although France had formerly included a great part of them in what was called Upper Louisiana. This was particularly the case with the territories to the south of the Missouri.
" The limits of Louisiana and Florida, to the south of . the 31st degree, were not free from some disputes, which possessed importance on account of the neighborhood of
533
FRENCH VIEW OF THE QUESTION.
the sea, and the embouchure of the rivers. However this country (Florida), disregarded by the European powers that successively possessed it, was scarcely men- tioned in the conferences. France had only the smallest portion of it. The name of Florida could not have been inserted without preparing great difficulties for the future.
" The boundary to the north and north-west' was still less easy to describe. Even the course of the Mississippi might give rise to some border disputes ; for that great river receives, beyond the 43rd degree, several branches, then regarded as its sources. A geographical chart was before the plenipotentiaries. They negotiated with entire good faith ; they frankly agreed that these matters were full of uncertainty, but they had no means of quieting the doubts. The French negotiator said : 'Even this map informs us that many of these countries are not bet- ter known at this day, than when Columbus landed at the Bahamas ; no one is acquainted with them. The English themselves have never explored them. The cir- cumstances are too pressing to permit us to concert mat- ters on this subject with the court of Madrid. It would be too long before this discussion could be terminated, and perhaps that government would wish to consult the Viceroy of Mexico. Is it not better for the United States to abide by a general stipulation, and since these terri- tories are still at this day, for the most part, in possession of the Indians, await future arrangements, or leave the matter open for the treaty stipulations that the United States may make with them and Spain ? In granting Canada to the English at the peace of 1763, we only ex- tended the cession to the country that we possessed. It is, however, as a consequence of that treaty, that England has occupied territory to the West, as far as the great Northern Ocean.' Whether the American plenipoten- tiaries had themselves desired what was proposed to
·
534
SPAIN'S PROTEST.
them, or that these words afforded them a ray of light, they declared that they kept to the terms of the 3rd article of the treaty of St. Ildephonso, which was inserted entire in the first article of the treaty of cession.
" M. Marbois, who offered the draft, said several times : ' The first article may in time give rise to difficulties, that are at this day insurmountable. But if they do not stop you, I, at least, desire that your government should know that you have been warned of them.
" The French negotiator, in rendering an account of the conference to the First Consul, pointed out to him the obscurity of this article and the inconveniences of so uncertain a stipulation. He replied : 'that if an obscu- rity did not already exist, it would perhaps be good policy to put one there?'
Whatever was the true territorial extent of Louisiana, whether it included part of the Floridas or not, Spain immediately protested against the treaty of cession, and her Minister at Washington, the Marquis de Casa Irujo, addressed the following note to the Secretary of State on the 4th of September : "Through the medium of the ambassador of the King my master, in Paris, it has come to his royal knowledge, that that government has sold to that of the United States the province of Louisiana, which his Majesty had retroceded to the French Repub- lic. This information has occasioned to the King, my master, no small surprise, seeing that the French Govern- ment had contracted with his Majesty the most solemn engagements never to alienate the said province. In order to convince the Government of the United States of the nature of these engagements, I take the liberty here to insert a paragraph of a note presented on the 22d of July, 1802, by M. de St. Cyr, ambassador of the French Republic, at Madrid, to the Secretary of State of his Majesty, as follows :
535
PROTEST OF SPAIN.
" His Catholic Majesty has appeared to wish that France should engage not to sell nor alienate in any manner, the property and the enjoyment of Louisiana. Its wish in this respect is perfectly conformable with the intentions of the Spanish Government ; and its sole motive for entering therein was because it respected a possession which had constituted a part of the French territory. I am author- ized to declare to you in the name of the First Consul that France will never alienate it."
" The mere reading of the paragraph which precedes will convince you as well as the President of the United States, that the sale of Louisiana which France has lately made is a manifest violation of the obligations contracted by her with his Catholic Majesty, and that France wants the powers to alienate the said province without the approbation of Spain, as is seen incontestably in the above recited note of the ambassador St. Cyr, authorized by his government.
"The King, my master, charges me to inform this government, as soon as possible, of this important cir- cumstance ; and, in compliance with his royal will, I has- ten to acquaint you therewith, in order that it may, as soon as possible, come to the knowledge of the President of the United States."
On the 27th of the same month (September), the Marquis de Casa Irujo returned to the subject, and said in a communication to Mr. Madison : "On the 4th cur- rent, I had the honor to intimate to you the extraordi- nary surprise with which the King, my master, had heard of the sale of Louisiana, made to the United States, in contravention of the most solemn assurances given in writing to his Majesty, by the ambassador of the French Republic near his person, and with the con- sent and approbation of the First Consul. The King, my master, charges me again to remind the American
536
MR. MADISON ON THE PROTEST.
Government, that the said French ambassador entered, in the name of his Republic, into the positive engage- ment that France never would alienate Louisiana, and to observe to it that the sale of this province to the United States is founded in the violation of a promise so absolute that it ought to be respected ; a promise without which the King my master would, in no manner, have dispos- sessed himself of Louisiana. His Catholic Majesty enter- tains too good an opinion of the character of probity and good faith which the Government of the United States has known how to obtain so justly for itself, not to hope that it will suspend the ratification and effect of a treaty which rests on such a basis. There are other reasons no less powerful, which come to the support of the decorum and respect which nations mutually owe each other. France acquired from the King, my master, the retroces- sion of Louisiana under obligations whose entire fulfil- ment was absolutely necessary to give her the complete right over the said province ; such was that of causing the King of Tuscany to be acknowledged by the Powers of Europe ; but, until now, the French Government has not procured this acknowledgment, promised and stipu- lated, either from the Court of London, or from that of St. Petersburgh. Under such circumstances, it is evident that the treaty of sale entered into between France and the United States does not give to the latter any right to acquire and claim Louisiana, and that the principles of justice as well as sound policy ought to recommend it to their government not to meddle with engagements, as contrary in reality to their true interests, as they would be to good faith and to their good correspondence with Spain."
Mr. Madison communicated these notes to Mr. Living- ston at Paris, to whom he said in a despatch of the 6th of October: "The objections to the cession, advanced
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