USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. II > Part 11
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Done at St. Ildefonso the 9th Vendimaire, 9th year of the French Republic ( 1st October, 1800).
"ALEXANDER BERTHIER, "MARIANO LUIS DE URQUIJO."
This was ratified by Bonaparte October 19, 1800, and attested by Charles Maurice Talleyrand, minister of foreign relations, and Ilughes Maret, secretary of state. It does not appear ever to have been ratified on the document itself by the king of Spain. By another treaty concluded March 21, 1801, by Lucien Bona- parte and the king of Spain, various other changes of territory were made to meet the wants of both France and Spain. Article 6 of this treaty is as follows:
"Article 6. As this treaty has its origin in that concluded between the First Consul and his Catholic Majesty, by which the King retrocedes to France the possession of Louisiana, the con- tracting parties agree to carry into effect the articles of that treaty ; and that, while the difficulties with regard to them are in process of arrangement, the present treaty shall not destroy the rights of either party."
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Late in March, 1801, it was rumored in Paris and London that Louisiana and the Floridas had been ceded by Spain to France ; and soon afterward the same reports were swiftly circulated throughout Louisiana and the United States. In a letter dated London, March 20, 1801, Rufus King, minister to England, informed the secretary of state of the currency of the rumors in Europe. He father said that the transfer had "in all probability" been executed; that the cession embraced Louisiana and the two Floridas ; that influential persons in France entertained the opin- ion that nature made the Alleghany mountains "a marked line of separation between the people of the United States living upon the two sides of the range of mountains which divides their ter- ritory ;" and that he was "apprehensive that this cession is intended to have, and may actually produce, effects injurious to the union and consequent happiness of the people of the United States."* He said in another letter dated June 1, that the Eng- lish ministry was greatly exorcised by the rumors, because they realized that, should they be true, "the acquisition might enable France to extend her influence, and perhaps her dominion up the Mississippi, and through the lakes even to Canada;" that France would thus succeed in reversing the results of the "seven years'
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war" ( 1755-63) ; and that the proximity of the Floridas to the British West Indies "was strong reason why England must be unwilling that the territory should pass under the dominion of France."
On June 9 Mr. Madison, secretary of state, requested Charles Pinckney, minister to Spain, to learn all that was possible con- cerning the cession. He said, "The whole subject will deserve and engage your early and vigdant inquiries and may require a very delicate and circumspect management." He observed that the motives of Spain were not obvious, while those of France were; that, inasmuch as alarms had prevailed in France during and since the late war of designs on the part of Great Britain to wrest the mouth of the Mississippi from her, "she may have con- cluded a pre-occupancy of it by herself to be a necessary safeguard against an event from which that nation would derive a double advantage of strengthening her hold on the United States, and of adding to her commerce a monopoly of the immense and fertile region communicating with the sea through a single outlet ;" that means should be found to divert France from securing Louisiana, among which were "that the United States were not disposed to enter, nor are in danger of being drawn, into partialities toward Great Britain mjust or injurious to France ; that our political and commercial interests afford a sufficient guaranty against such a state of things ; that without the co-operation of the United States Great Britain is not likely to acquire any part of the Spanish pos- sessions on the Mississippi, and that the danger of collision between the two republic, was not a remote contingency "from the conflicts in their regulations of a commerce involving the peculiarities which distinguish that of the Mississippi."
These views, which Mr. Madison represented to be those of the president, were also sent to Mr. Livingston, minister to France. The latter was instructed to use every argument avail- able to deter France from securing Louisiana, but if this could not be done het good will was to be retained. In this event, he was instructed, should the Floridas be included in the cession, to secure their transfer to the United States if it could be done. Ile said, "the great importance of West Florida to the United States recommends to your patriotism the prudent use of every fair consideration which may lavor the attainment of the object."!
The treaty by which Louisiana passed to France was secret, and though it's substantial provisions became known to the world,
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the first positive evidence to reach the United States was con- tained in a copy of the treaty of March 21, 1801, between Lucien Bonaparte and the king of Spain, sent by Rufus King from I,on- don in November, 1801, to the secretary of state, in which it was stated that "this treaty being in consequence of that already con- cluded between the First Consul and His Most Catholic Majesty, by which the King cedes to France the possession of Louisiana, the contracting parties agree to carry the said treaty into execu- tion and to arrange it in conformity to their respective rights." As late as December 10, 1801, Mr. Livingston wrote that the French minister of state had stated that "nothing had been con- cluded, or even resolved on, in that affair." However, Mr. Liv- ingston announced that he was satisfied for various reasons that the cession had been really concluded. One day later he wrote, "In addition to what I wrote you yesterday, I have only to men- tion, that I am more and more confirmed notwithstanding what I there say of the minister's assurance, that Louisiana is a favorite object and that they will be willing to part with it on the condition I mentioned. Speaking of the means of paying their debts to one of their ministers yesterday, I hinted at this. His reply was, 'none but spendthrifts satisfy their debts by selling their lands,' adding, however, after a pause, 'but it is not ours to give."" A few days later he wrote, that France was preparing a large arma- ment ostensibly for Hispaniola, but in reality for the occupation and government of Louisiana. He said, "That Spain has made this cession ( which contravenes all her former maxims of policy ) cannot be doubted, but she is no longer a free agent. . .
It puts Spain in a perpetual state of pupilage, since she must always tremble for the safety of hier colonies in case of rupture. To avoid this evil, she must grant every commercial and political advantage to France."
The French ministry continued to deny that Louisiana had been retroceded to France, even after the fact became known positively to the public through secret or private sources. Unquestionably, France expected vigorous opposition to the treaty from both Great Britain and the United States; therefore, she concealed it as long as possible (the treaty not having been ratified yet by the king of Spain), and in the meantime made extensive prepara- tions to send to New Orleans a large body of troops to take posses- sion and later a large colony to occupy the country. The secrecy was partly due to a surmise that Iengland, with whom France was on the point of war again, intended to send a fleet to the mouth of the Mississippi, and such a movement was really contemplated.
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France suspected that the United States had "an eye to the con quest of her West Incha islands." Rufus King, at London, echo ing the reports circulated in England, spoke of "the establishment of this colony ( Louisiana) as a darling object" of the first con- sul .* Mr. Livingston wrote from Paris February 6, 1802, "The establishment ( of the Louisiana colony) is disapproved by every statesman here as one that will occasion a great waste of men and money, excite enmities with us, and produce no possible advan- tage to the nation. But it is a scheme to which the First Consul is extremely attached ; and it must, of course, be supported. You will find by the enclosed note that I have pressed an explanation on the subject, but I have received no answer. I have it, however, through a friend, from the First Consul, that it is by no means their intention to obstruct the navigation of the Mississippi, or violate our treaty with Spain. General Bernadotte is understood to be designated for the command and to have asked ten thousand troops." St. Domingo, Guiana and other French colonial posses- sions, as well as Louisiana, were to be strengthened and pro- tected.
On February 20, Mr. Livingston addressed a note to Mr. Tal- leyrand, French minister of exterior relations, requesting a statement of the probable attitude of France on the question of boundary, navigation and other rights secured to the United States by the treaty with Spain, and gave as a reason for the inquiry "the alarms of the people in the western part of the United States over the reported inture arrival of a large body of French troops in their vicinity." He also asked whether last or West Florida was included in the cession, but Mr. Talleyrand pleasantly evaded all of his questions. In his letters of March Jo and 24 Mr. Livingston said :
"The fact is they ( the French) believe us to be certainly hos- tile to this measure, and they mean to take possession of it (Louisiana) 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 fertile 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. I cannot help thinking that it would be advisable for the .
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present congress to take measures for establishing the Natchez or some other port and giving it such advantages as would bring our vessels to it without touching at Orleans. I have but one hope left as to defeating this cession. It consists in alarming Spain and England. The Spanish minister is now absent, but I have not failed to show, in the strongest light to the minister of Britain the danger that will result to them from the extension of the French possessions in Mexico and the probable loss of Can- ada if they are suffered to possess it. .
. I believe such is . the state of things here (in France and such the desire for peace, that Britain may force them to relinquish Louisiana, par- ticularly as the people here are far from desiring the establish- ment of any foreign colony which they consider as a weak point and drain for the population and wealth. It is impossible to see the extent of the power France will have in and over America. As part of the territory of Spain, Louisiana has no precise bound- ary, so it is easy to foresee the fate of Mexico. Britain will judge how far she is able to contend with France, enriched by the treasures of Spain. The boundary between Canada and Louisiana is alike unsettled. The dispositions of a great part of the natives of that country are friendly to France; her influence over the Indian tribes has always been and will again be much greater than that of the British, both from the disposition and manners of her people and from the whole body of carriers in the Indian trade being native Canadians and much. the greater part of them mongrel French. It is impossible to say what their inthi- ence may le upon our western country in case of a controversy with Great Britain, particularly if they keep the keys of it by possessing the month of the Mississippi or invite their aid in the plunder of Mexico."*
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In his letter of April 24 Mr. Livingston said, "It appears very extraordinary that Mr. Pinckney (minister to Spain) still sup- poses that the Floridas are not included in the cession and that he has made an offer to purchase them. You may, however, be fully assured that the Floridas are given to France, and that they are at this moment fitting out an armament from here to take possession. The number of troops designed for this object is between five and seven thousand. They will shortly sail for New Orleans unless the state of affairs in St. Domingo should change their destination. It would be wise immediately to take measures to enable the Natchez to rival Orleans, If congress make Natchez
* American State Papers.
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a free port, and if the state of affairs in St. Domingo should employ the troops designed for Louisiana, time will still be left for gold to operate here."
Mr. Madison, secretary of state, in letters dated May Ist, reflected the uneasiness, perhaps anxiety, with which the cession to France was regarded by the administration. He said, "We are fully aware of the tendency of the reported cession of l,ouisi- ana to plant in our neighborhood troubles of different kinds, and to prepare the way for very serious events. It has accordingly been a primary object with the President to obviate such an event. The cession of Louisiana to France become daily more and more a source of painful apprehensions." To Mr. Living- ston he said, "Since the receipt of your last communications, no hope remains (of preventing the cession of Louisiana to France), 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 powerful 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 at interest in cherishing; but if a posses. sion 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 subject 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 meluded in the cession, would be yielded to the United States."
In a letter dated April 18, 1802, President Jefferson wrote to Mr. Livingston, minister to France, that "The day that France takes possession of New Orleans fixes the sentence which is to restrain ber forever within her low water mark. It seals the union of two nations who in conjunction can maintain exclusive possession of the ocean. From that moment we must marry ourselves to the British fleet and nation. We must turn all our attention to a maritime force, for which our resources place us on very high ground; and having formed and cemented together a power which may render re-enforcement of her settlements here
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impossible to France make the first cannon which shall be fired in Europe the signal for tearing up any settlement she may have made and for holding the two continents of America in sequestra- tion for the common purposes of the united British and American nations,"#
On May 7, in response to a reuest of Mr. King for the views of Great Britain on the nestion of the cession, Lord Hawkes- bury replied, "With regard to the irce navigation of the Missis- sippi, 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 nto the possession of it sub- ject to all the engagements which appertained to it at the time of the cession ; and that the French government could consequently allege no colorable pretext for excluding His Majesty's (the King of England) subjects, or the citizens of the United States, from the navigation of the river Mississippi." >
Previous to May 11, 1802, the views and intentions of Spain concerning the cession were unknown to the United States, but on that date Mr. Pinckney was requested to communicate all that could be learned on the subject at Madrid. Mr. Madison said to him, "What the intentions of Spain may be, we wait to learn from you. Verbal information from inofficial sources has led us to infer that she disowns the instrument of cession and will rigorously oppose it. Should the cession actually fail from this or any other cause, and Spain retain New Orleans and the Flor- idas, I repeat to you the wish of the President that every effort and address be employed to obtain the arrangement by which the territory on the east side of the Mississippi including New Orleans may be ceded to the United States and the Mississippi made a common boundary, with a common use of its navigation for them and Spain. . . You may not only receive and transmit a proposition of guaranty of her territory beyond the Mississippi, as a condition of her ceding to the United States the territory including New Orleans on this side, but in case it be necessary may make the proposition yourself in the forms required by our constitution. You will infer from this enlargement of your authority, how much importance is attached to the object in ques- tion, as securing a precious acquisition to the United States, as well as a natural and quiet boundary with Spain."t
. Writings of Thomas Jefferson: Ford.
** Diplomatic Correspondence.
t Madison's Papers.
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Late in May, Mr. Livingston informed the secretary of state that "Bernadotte is to command, Collot second in command, Adet to be Prefect ; but the expedition is delayed till about Septem- ber, on account (as Talleyrand expressed himself to Bernadotte) of some difficulty which had arisen from the different appre- hensions 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 explains why I could never get an answer to my questions relative to the extent of the ces- sions, and upon which the French government had probably no doubt till we started it. This is my conjecture as to the cause of the delay in starting the expedition."#
Early in June, in answer to aunt inquiry of Mr. Livingston, the Spanish minister to the French republic, J. Nicolay D'Azara, said, "It appears certain that a treaty coding Louisiana has been concluded, but I am of the opinion that the Floridas are not comprised in the cession." On July 30 Mr. Livingston wrote to the secretary of state: "I have been applied to by one of the ministers here ( Paris) to know what we understand in Amer- ica by Louisiana. You can easily conceive my answer. I have just received a letter from Mr. Graham, in which he communi- cates the Spanish minister's answer to Mr. Pinckney's applica- tion upon the same subject in these words : 'If the King should think proper to cede Louisiana, he will take care that the inter- est of the United States shall not be affected by it.' It appears also by the fifth article of the treaty of Madrid, March 21, 1801, that the cession had been made of Louisiana generally. 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."
Under the urgent instructions of the state department, the ministers to France and Spain exhausted every resource at their command to prevent (as they hoped they could) the ratifica- tion of the cession treaty. Mr. Livingston, at Paris, became so insistent that the French minister of state adopted the pol- icy of evasion; but the tactful American sought and secured another channel to the ears of the first consul .* He prepared lengthy memorials, embracing every conceivable argument
I American State Papers.
. Diplomatic Correspondence: Se numerous letters.
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against the French possession of Louisiana, prepared particularly to influence the judgment of the first consul, and managed to have then conveyed privately to Napoleon by Joseph Bona - parte, his brother. Yet, at the same time, he was informed at every interview with the French statesman that the acquisition of Louisiana was dear to the heart of Napoleon, who continued his elaborate preparations to send large and expensive colonies to the Mississippi and strong armaments to sustain them. Thus, although the American minister succeeded in gaining the atten- tion of this wonderful man, he had to combat the unerring judgment that placed a just valuation on the control of the Mis- sissippi and the ownership of the vast country to the westward. The orders of Napoleon to send a large armament to louisiana were not designed merely as a show of force to prevent an interference with the French occupation, but signalized his esti- mate of the value of the province. - The troubles in St. Domingo were merely an incident which demanded troops at the same time. Of all the statesmien of that era, of whatever nationality, Napoleon seems to have been the only one by whom Louisiana, as a province, was placed first in importance. The Americans, on the other hand, though striving to secure the Floridas, con- centrated all the fire of their efforts upon the retention and per- petuation of their right to navigate the Mississippi. If nothing better could be secured, they were prepared to rest satisfied for a time if France would merely confirm the American rights stipulated in the treaty of 1795 with Spain. But the American ministers were instructed to spare no efforts, even to the lavish use of gold,* to secure the cession to the United States of West Florida, which carried with it, through the ownership of the left bank of the river, the right to navigate the Mississippi.
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The arguments in the memorials of Mr. Livingston against the wisdom of the French possession of Louisiana were extremely clear, strong and convincing. Under the supposition that France occupied the country, he endeavored to show the enor- mous expense involved, the riotons dissatisfaction of the citizens of France, and the certainty of losing the province to Great Britain in the end. He indicated the probable, perhaps unavoid- able contentions between France and the United States, should the latter not be ceded New Orleans and West Florida. He pointed out that Louisiana, in spite of any restraining acts of
. They were told to use a maximum of $2,000,000 to secure the cession of the two Blondes.
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the United States government, was certain to be overrun with the contraband of the western settlers. Familiar as he was with the internal needs of France, knowing her weakness and her straits since the recent desperate war with Great Britain, and realizing and even predicting the political designs and the thirst for empire of Napoleon, he pointedly asked, "Has France such a superfluity of capital or people as will justify the estab- lishment of new colonies?" He cited St. Domingo to illustrate the point that the American colonies were an enormous burden to the European nations -- the squanderers of gold and the canses of war.
Active preparations for the French occupation were continued. In August, 1802, it was publicly known in Paris that the army intended for New Orleans aggregated three thousand men. But the differences of opinion over the limits of the territory embraced in the term Louisiana, occasioned protracted conferences between the diplomats of France and Spain and necessitated delay .. My. Livingston said. "1 find all the old French maps mark the river Perdido as the boundary between Florida and Louisiana. The difference relative to the Floridas is not settled. Spain insists that they are not ceded, and I have certain infor- mation that two days ago the minister of marine wrote to the minister of foreign affairs that without the Floridas there could be no louisiana. Yesterday I made several propsi; tions to the minister on the subject of Louisiana. He told me frankly that every offer was premature, and that the French government had determined to take possession first. I
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