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 27
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"New Orleans, March 31, 180.1."
"To the Colonial Prefect and Commissioner of the French Republic :
"Sir: I should be guilty of a great dereliction from my duty and from the necessities imposed by the confidence of the King my master when he gave me my commission, if, while you are preparing for your voyage, and terminating the operations in which I was also destined to bear a part. I should neglect to com- municate to you, in the name of the King, that Spain cannot with indifference regard the exorbitant propositions which the United States are beginning to set forth, with regard to the limits, both to the cast and the west, of the province of Louisiana. The limits on the cast are established by solenm treaties, and for that very reason are absolutely unquestionable ; it however appears that France herself is supporting the establishment of those on the west at the month of the river Bravo ( Rio Grande). I cannot, therefore, refrain from entering my most solemn protest against any operations or intentions of establishing the limits beyond the
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river Sabine, until his Majesty shall have resolved upon some measure with regard to the subject ; as such a proceeding would be prejudicial to the interests of Spain, and would tend to dis- member a considerable portion of the internal provinces of Mexico to the great damage of the dominions of his Majesty and of his subjects. And in order that this may forever be public, I bescech you, sir, to inform your government of it, in order that the limits may be settled truly, which now appears undetermined, and the operations of tracing them may be begun upon the bases already acknowledged by France when she formally possessed the province of Louisiana."
"May God preserve you many years,
"THE; MARQUIS DE CASA CALVO."*
"New Orleans, 12 of Germinal, Year 12. (2d of April, 1804). "To the Marquis de Casa Calvo,
"Brigadier of the Armies of Spain, "and Commissioner of his Catholic Majesty :
"Sir: I will faithfully submit to my government the declara- tion in the form of a protest, which you placed in my hands by your letter of the roth of Germinal of the present year ( March 31, 180.1), respecting the limits which should be established for Louisiana, according to the treaty of restoration and of cession, in execution of which I here represent the French people, by com- mission from the First Consul. I have the honor to salute you, sir, with the greatest consideration."
"L.AUSSAT."
At the time of the transfer of Louisiana to the United States, the French commissioner, M. Lanssat, while positive that the eastern boundary did not extend beyond the river Iberville, was equally positive that the southwestern boundary did extend to the Rio Bravo or Del Norte. Mr. Livingston, in his letter dated May 20, 1803, states that at first he thought that the Flori- das extended westward to the river Iberville. "The moment I saw the words of the treaty of Madrid I had no doubt but it included all the country that France possessed by the name of Louisiana previous to their cession to Spain, except what had been conveyed by subsequent treaties. I accordingly insisted with M. Marbois at the time we negotiated that this would be con-
* American State Papers,
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sidered as within our purchase. He neither assented nor deniu!, but said that all they received from Spain was intended to be conveyed to us. That my construction was right is fairly to be inferred from the words of the treaties, and from a comment upon them contained in the Spanish minister's letter to Mr. 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 con- .tracting 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 ont of dispute. 1 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, Ile 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? Ile 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, but he was prevented from accompanying me. I asked the minister what were the east bounds of the territory ceded to us? He saidl 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, accord ing to the words of the treaty. But what did you mean to tale? 1 do not know. Then you mean that we shall construe it our own way? I can give you no direction ; you have made a noble bargain for yourselves, and I suppose you will make the most of it."
As soon as the province had been turned over to the American commissioners, the troops under General Wilkinson were placed in the redoubts surrounding the city for want of better quarters. This was a severe hardship, of which he entered strenuous com- plaint. On January 16, 1804, he wrote, "We did not until this day receive the orders of the French and Spanish commissioners for the delivery of the posts in Upper Louisiana." As late as March, 180.1. he reported that the Spanish troops were still in New Orleans, in possession of the magazine and storehouses, while the American troops were required to pay for their accom. modations. He reported that his patience was nearly exhausted.
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THE FLORIDA AND TEXAS BOUNDARIES.
Late in March a detail of Spanish guards was mounted in New Orleans, of which General Wilkinson said, "but you must not believe that this singular spectacle is permitted by my consent." On the 25th of April he wrote, "I have the satisfaction to inform you that about three hundred Spanish troops embarked for Pensa - cola on the 8th instant, but I am informed that twelve or fifteen officers and between sixty and one hundred men will continue in this city. They have delivered up the barracks, but occupy the hospital and several detached buildings. The Prefect made his congé (farewell) to our commissioners on the 12th instant, but is still in town exercising his prefectorial and commissarial func- tions." On April 25th he wrote: "The Prefect of France embarked on the 21st instant. Yesterday the commissioners of the United States took leave of the commissioners of Spain and I numbered twenty-five Spanish officers at the audience. On July 14 he wrote that the powder magazine had been delivered to him. On October 30th Governor Claiborne notified the sec- retary of war that six hundred Spanish troops had arrived at Pensacola ; that Mobile and Baton Rouge were to be strength- ened ; that a Spanish brigadier general had arrived at San Anto- nio, and a fort had been erected on Trinity river.
The Spanish troops not having left New Orleans by August, 1805, Governor Claiborne complained to the secretary of state and said: "You no doubt will be surprised to find so many foreign officers in this city; the fact is, sir, they are.wedded to Louisiana and necessity alone will induce them to depart. I have repeatedly by letter and verbally informed the Marquis ( Casa Calvo) that the continuance in the territory of - . Hall) : Spanish officers so long beyond the right occasion for at, was not seen with approbation, and urged their departure. The Marquis has as often assured me of his disposition to comply with my wishes." Late in August, 1805, it was reported in New Orleans that Louisiana had been transferred by the United States to Spain. The Marquis Casa Calvo told Governor Clai- borne, in answer to questions of the latter, that the Spanish min- ister of state had communicated to him the failure of the negotiations of Messrs. Monroe and Pinckney at Madrid and had stated that the desire of the court of Spain was to make "the Mississippi river the boundary, and in time it was expected that that object would be attained."+ By this was meant that
. This statement should be borne in mind.
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Spain expected ultimately to secure Louisiana in return for the cession of the Floridas to the United States. Governor Clai- borne said, "The prospect of a retrocession of the west bank of the Mississippi now is and has always been the theme of the Spamsh officers who remain in this territory, and many citizens seem to view it as an event likely to happen-an impres- sion which I greatly regret, since it tends to lessen their con- fidence in the American Government and to cherish a Spanish party among us. I most desire to see every Spanish officer removed from the ceded territory. There certainly must be a power somewhere vested to cause to be executed the clanse in the treaty which directs 'the Spanish forces to be withdrawn ( within three months) from the ceded territory,' and I should indeed be pleased to have it hinted to me that in my character as commis . sioned or Governor, I could on this occasion take (if necessary ) compulsory measures."
Governor Claiborne wrote on October 24: "I have certain information of the arrival at Pensacola of four hundred troops from Havana and that a much larger number is daily expected. I also leam from a source entitled to credit that three hundred men are ordered from Pensacola to Baton Rouge, and that eight hundred Spanish troops have lately been posted on the frontier of the province of Texas. It is a fact known to me that a Spanish agent has contracted with a merchant of this city for the delivery at the town of Mobile of four thousand barrels of flour, and that this same agent not being able to effect a contract for the delivery of four thousand pair of shoes at Mobile has purchased a quantity of leather. lt 15 my intention to require of Governor Foich an explanation of the object of these military movements. . I am inclined to think that the Spanish agents calculate on a speedy rupture and are making all the preparations which their means permit to commence the war in this quarter to advantage. New Orleans would unquestionably be the first object of attack, and with a view to its security I should be pleased to see Fort St. John repaired and put in a state of defense; that fort commands the month of the Bayon St. Jolm, and if strengthened would pre- sent a great impediment to the passage of troops from Pensacola and Mobile by the way of the lakes to this city."*
'The strengthening at this time of all the Spanish ports along the Gulf and the delay of the Spanish troops to evacuate the
· American State Papers.
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posts of the ceded territory, were due to the fact that the inhab- itants there did not believe that the cession woukl be carried into effect, and did believe that the province would be retro- ceded to Spain .* Therefore, the warlike proceedings of the Spanish authorities in Havana, Louisiana and the Floridas were in anticipation of such retrocession, and were probably not in obedience to orders from the Spanish court. No doubt the prob- able eventuality of serious trouble with the United States had something to do in causing these military preparations. As a matter of fact, the attitude of the United States in claiming West Florida in face of the declaration of both France and Spain that it was not included in the cession of Louisiana, was regarded by the latter as an act of hostility --- as an intention to occupy and hold that province. In this view Spain was only partly right. While many believed that Louisiana extended to the Perdido, no forcible occupation of the province would have resulted from the refusal of Spain to accede to the idea. The . United States would have paid Spain for its possession. But had any other country attempted to wrest it from Spain, the United States would not have hesitated to occupy it, and after- ward would have settled with Spain for the invasion.
It was unquestionably the design of the Spanish government to secure from the United States the cession of all the country west of the Mississippi and probably the island of New Orleans in addition (because the latter had always been considered as a part of the territory to the westward) as a consideration for the cession by Spain of the two Floridas. This fact is shown in the statements of the Marquis de Casa Calvo and Balan Cer- vallos, the Spanish prime minister, and is further evidenced by the claims of the Spanish envoy in subsequent negotiations. It was to the interest, therefore, of the Spanish pretensions that the Floridas should be made to seem as valuable as possible, and to be owned wholly and exclusively by Spain. On the other hand, the American statesmen, although they made strong arguments and presented demands of great breadth and ampli- tude, were at all times doubtful of the righteousness of their claims to the Perdido, but not of their claims to territory beyond the Sabine. The chances are that had the United States relin- quished all claim to West Florida, a much greater extension to the westward would have been secured. France would prob- ably have supported the United States in this contention, and
' History of Louisiana: Martin.
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thus rendered the acquisition casier. As it was, France, not having been able to convince Spain that West Florida was embraced in the treaty of St. Ildefonso, could not in turn be induced to admit that the cession to the United States embraced the country eastward to the Perdido. But the United States wanted the Floridas at that time far more than it wanted the country west of the Sabine; and therefore, in subsequent nego tiations the policy of the government as to Texas was yieldling, but as to the Floridas was obstinate as death. In pursuit of the Floridas, congress, carly in 1804, having extended the reve. nue district of the United States over Mobile, the president issued the following proclamation :
"Whereas, by an act of Congress, authority has been given to the President of the United States, whenever he shall deem it expedient, to erect the shores, waters and inlets of the bay and river of Mobile and of the other rivers, creeks, inlets and bays emptying into the Gulf of Mexico cast of said river Mobile and west thereof to the Pascaguola inclusive, into a separate district for the collection of duties on imposts and tonnage, and to establish such place within the same as he shall deem expe- dient to be the port of entry and delivery for such district ; and to designate such other places within the same district not exceed- ing two to be port of delivery only :
"Now know ve, That I, Thomas Jefferson, . President of the United States, do hereby decide that all the above mentioned shores, waters, inlets, crocks and rivers, bing within the bounda- ries of the United States, shall constitute and i am a separate district to be denominated the district of Mobile, and do alu designate Fort Stoddert within the district aforesaid to be the port of entry and delivery for the said district."t
The language used in the act of congress which extended the revenne district over the bay and town of Mobile was as fol- lows: "That from and after the first day of August next ( 1804), the town of Mobile shall be, and the same is hereby established the sole port of entry for the district, including the shores, waters and inlets of the bay and river Mobile, and of the other rivers, crecks, inlets and bays emptying into the Gulf of Mexico cast of the said river Mobile and west thereof to the eastern houndary of the State of Louisiana."+
The Spanish ambassador, Marquis de Casa Yrujo, on Octo- ber 13, 1864, presented the following request to the secretary
1 Messages and Papers of the President>
· Annals of Congress.
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of state: "The Government of the United States will suppress or modify, as I proposed to you in one of my letters in the month of March past, the eleventh section of the act of Con- gress of the 24th of February last, . or if it should be more agreeable to this government, it will declare to me in writing through you, that by the said eleventh section of the beforementioned act, it had not intended to offer an insult to Ilis Catholic Majesty, nor any aggression upon the rights of his sovereignty, and that the Executive, as the true interpreter of the said law, shall declare that the object or intention of what is contained in the said section is and ought to be only applicable to the territory of the United States, and not to the country belonging to and in the actual possession of His Catho- lic Majesty ; it being well understood that until the commission destined to the demarcation of limits shall have decided by com- mon consent that the territory claimed by the United States did not belong to His Majesty but to the said States, they nor. the President authorizing them shall make no change in it nor publish laws nor establish custom-houses nor any other species of regulations in said territory; but on the contrary that they shall leave things in statu quo, as they were before the resolu- tion of Congress complained of. Moreover, there shall be given the corresponding notoriety to this act of ratification on the part of the United States in a mode that without in any manner com- promising its dignity may prove that satisfactory explanations were given on this point to His Catholic Majesty."*
At this remarkable request Mr. Madison expressed much sur- prise and said: "I am now changed to endure for his the hain; of Spain) information the executive act of the President, founded on and of a nature equally public with the act of Congress afore- said, by which it will be seen that in expounding and apply- ing the latter there is the most exact conformity to the assurance given in the letter of March the roth, that the operation of the eleventh section would take place within the acknowledged limits of the United States and would not be extended beyond them, until it should be rendered expedient by friendly eluci- dation and adjustments with the Spanish Government. In order to hasten those, a special mission to Madrid was some time since provided for; and if the destined minister extraordinary has not already repaired thither, the instructions which will now be repeated, if no unfavorable considerations present themselves,
· American State Papers.
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may be expected soon to have that effect. In the meantime, the President concurs with the Spanish Government in the expe. dieney of leaving things in statu quo. And he persuades him- self that it will be deemed equally expedient on both sides to give to this precaution its full effect by a mutual forbearance to increase unnecessarily either within or on the borders of ter- ritories the limits of which remain to be adjusted, military pro- visions of any kind, which by exciting jealousies on one side or the other, may have tendencies equally disagreeable to both."
When the news was received in Spain that congress had passed the act extending the revenue district of the United States over the bay of Mobile, the Spanish minister of state asked for a copy of such act and requested an explanation from the Amer- ican ambassador. Mr. l'inclancy replied, June 1, that he had not himself yet received a copy of the act, and that in regard to the cession he had informed the Spanish government as, soon as he received the news of the transfer of Louisiana that the American envoys at Paris had informed him "that they con- sidered a great part of West Florida, so called by the English, as included. Such letter could not have been written to me officially by them without their having been so informed by the French plenipotentiary and Government. The price paid is a proof of the territory being considered as extremely extensive." But the Spanish minister emphatically requested the "revoca- tion of the part of the act of the Congress of the said States, approved on the 24th February last, which has manifestly vio- lated the rights of the sovereignty of the Maje 's. le compte ing the President to exercise authority and establishing custom- houses within a territory which belongs to the crown of Spain. His Majesty being, as he is, persuaded that through a mistake only could there have been introduced into the said act the expressions which assail the rights of his sovereignty, does not doubt that the United States will give in relation to said act those explanations which may be most conformable to the jus- tice he claims and the most conciliating and respectful to the rights of his crown." This was one of three indispensable con- ditions required by the Spanish government, so stated Mr. Cer- vallos, before the treaty to indemnify American citizens for losses from Spanish privateers could be conchided.
This letter in the nature of an ultimatum, in which it was deemed unjustifiable demands were made upon the United States, brought forth the following sharp reply from Mr. Pinckney: "I wish your Excellency to say whether I am to understand your
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letter in this sense: That if the second condition which respects the suppression of the claims for French spoliations within the Spanish territory, and the third, the repeal of the law passed by Congress in February, are not agreed to, His Majesty will not ratify the convention (of August 11, 1852), .
. I wish to have your excellency's answer as quickly as possible, as on Thursday I send a courier with circular letters to all our consuls in the ports of Spain stating to them the critical situa- tion of things between Spain and the United States, the proba- bility of a speedy and serious misunderstanding, and directing them to give notice thereof to all our citizens, advising them so to arrange and prepare their affairs as to be able to move off within the time limited by the treaty, should things end as I now expect. I am also preparing the same information for the commander of our squadron in the Mediterranean for his own notice and government and that of all the American mer- chant vessels he may meet. I confess after the style of your . excellency's letter of the 31st of May on the subject of the late law of Congress and the manner in which you annex to the ratification of a convention you yourself had signed, the humili- ating conditions of our Government's previously suppressing a claim of great magnitude and which they consider as a point of national honor, and also of repealing an act lately passed with all the deliberation and solemnities prescribed by our con- stitution, I see little hope of an amicable accomnfodation ; par- ticularly when I tell you that in my last two despatches lately received I am charged by my Government to repeat to your (ve)- iency that not one shilling of the property changed Is the . I. zens of the United States from Spain for French spoliations within the ports and territories or on the coasts of Spain, has ever been relinquished to or paid or provided for by France in any mode or even claimed from her."#
But the Spanish minister sent a mollifying answer, saying among other things "when I presented to you the motives there were for desiring to add in the ratification two or three circum- stances which do not alter the substance of the convention (of August 11, 1802,) nor take anything from its object, it is not possible to comprehend the motive for your breaking out in the decisions, not to say threats, contained in your said letter, nor why you should proceed as you say you will to instruct the con- suls and commandants of the vessels of your nation to give notice
. Diplomatic Correspondence.
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of the critical situation of affairs between Spain and the Unis 1 States, with an anticipation certainly not called for by the spu : of conciliation which you say animates you. The sec. ond condition which you consider indecorous and humiliating ios the United States, appears to me to be quite the contrary. H., Majesty is persuaded that the intention of Congress has not been to usurp the rights of his sovereignty. He has not nor does l.c demand the revocation of the act, nor of its provisions, which , relate to the internal regulation of the country, but a satisfactory explanation of the clauses of the eleventh section, which imping. the rights of the crown of Spain." He ended the letter by stating that inasmuch as Mr. Pinckney had determined to terminate "every ulterior explanation relative to the convention, and not being able to persuade himself ( the King) that the Government of the United States has authorized the part which you have though proper to take, has resolved to despatch an extraordinary courier to the United States and by this means to make that Government acquainted with the state of the negotiations."
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