CHAPTER XI.

THE Louisiana treaty, signed in May, 1803, was followed by

two years of diplomatic activity. The necessary secrecy of diplomacy

gave to every President the power to involve the country without its

knowledge in dangers which could not be afterward escaped, and the

Republican party neither invented nor suggested means by which this old

evil of irresponsible politics could be cured; but of all Presidents,

none used these arbitrary powers with more freedom and secrecy than

Jefferson. His ideas of Presidential authority in foreign affairs were

little short of royal. He loved the sense of power and the freedom from

oversight which diplomacy gave, and thought with reason that as his

knowledge of Europe was greater than that of other Americans, so he

should be left to carry out his policy undisturbed.

Jefferson’s overmastering passion was to obtain West Florida. To this

end two paths seemed open. If he chose to conciliate, Yrujo was still

ready to aid; and Spain stood in such danger between England and France

that Godoy could not afford to throw the United States into the hands

of either. If Jefferson wished the friendship of Spain, he had every

reason to feel sure that the Prince of Peace would act in the same

spirit in which he had negotiated the treaty of 1795 and restored the

right of deposit in 1802. In this case Florida must be let alone until

Spain should be willing to cede, or the United States be ready for war.

On the other hand, the President might alienate Spain and grasp at

Florida. Livingston and Monroe warmly urged this policy, and were in

fact its authors. Livingston’s advice would by itself have had no great

weight with Jefferson or Madison, but they believed strongly in Monroe;

and when he made Livingston’s idea his own, he gave it weight. Monroe

had been sent abroad to buy Florida; he had bought Louisiana. From the

Potomac to the Mississippi, every Southern man expected and required

that by peace or war Florida should be annexed to the Union; and the

annexation of Louisiana made that of Florida seem easy. Neither Monroe,

Madison, nor Jefferson could resist the impulse to seize it.

Livingston’s plan has been described. He did not assert that Spain had

intended to retrocede Florida to France, or that France had claimed it

as included in the retrocession. He knew the contrary; and tried in

vain to find some one willing to say that the country to the Perdido

ought to be included in the purchase. He made much of Marbois’s

cautious encouragement and Talleyrand’s transparent manœuvres; but he

was forced at last to maintain that Spain had retroceded West Florida

to France without knowing it, that France had sold it to the United

States without suspecting it, that the United States had bought it

without paying for it, and that neither France nor Spain, although the

original contracting parties, were competent to decide the meaning of

their own contract. Believing that Bonaparte was pledged to support the

United States in their effort to obtain West Florida, Livingston was

anxious only to push Spain to the utmost. Talleyrand allowed him to

indulge in these dreams. “I have obtained from him,” wrote Livingston

to Madison,[149] “a positive promise that this government shall aid

any negotiation that shall be set on foot” for the purchase of East

Florida; while as for Florida west of the Perdido, “the moment is so

favorable for taking possession of that country, that I hope it has

not been neglected, even though a little force should be necessary to

effect it. Your minister must find the means to justify it.”

When the letters written by Livingston and Monroe in May, 1803,

reached Washington, they were carefully studied by the President,

fully understood, and a policy quickly settled. When Jefferson wrote

to Senator Breckenridge his ideas on the unconstitutionality of the

purchase, he spoke with equal clearness on the course he meant to

pursue toward Spain in order to obtain Florida:[150]--

“We have some claims to extend on the sea-coast westwardly to

the Rio Norte or Bravo, and, better, to go eastwardly to the Rio

Perdido, between Mobile and Pensacola, the ancient boundary of

Louisiana. These claims will be a subject of negotiation with

Spain; and if as soon as she is at war we push them strongly

with one hand, holding out a price with the other, we shall

certainly obtain the Floridas, and all in good time.”

This was not Livingston’s plan, but something quite distinct from it.

Livingston and Monroe wanted the President to seize West Florida, and

negotiate for East Florida. Jefferson preferred to negotiate for West

Florida and to leave East Florida alone for the time.

Madison had already instructed[151] the minister at Madrid that the

Floridas were not included in the treaty, “being, it appears, still

held by Spain,” and that the negotiation for their purchase would be

conducted by Monroe at Madrid. Instructions of the same date were

instantly sent to Monroe,[152] urging him to pursue the negotiation for

Florida, although owing to the large drain made on the Treasury, and

to the “manifest course of events,” the government was not disposed to

make sacrifices for the sake of obtaining that country. “Your inquiries

may also be directed,” wrote Madison, “to the question whether any, and

how much, of what passes for West Florida be fairly included in the

territory ceded to us by France.”

The idea that West Florida could be claimed as a part of the Louisiana

purchase was a turning-point in the second Administration of

Jefferson. Originating in Minister Livingston’s mind, it passed from

him to Monroe; and in a few weeks the President declared the claim

substantial.[153] As the summer of 1803 closed, Jefferson’s plan became

clear. He meant to push this claim, in connection with other claims,

and to wait the moment when Spain should be dragged into the war

between France and England.

These other claims were of various degrees of merit, and involved

France as well as Spain. During the _quasi_ war between the

United States and France, before Jefferson came into power, American

commerce in Spanish waters suffered severely from two causes. The first

consisted in captures made by Spanish cruisers, and condemnations

decided in Spanish courts; the second was due to captures made by

French cruisers, and condemned by French consuls in Spanish ports, or

by courts of appeal in France, without regard to the rights or dignity

of Spain. With much trouble, in August, 1802, at the time when Europe

and America were waiting for the end of Leclerc’s struggle with the

negroes and fevers of St. Domingo, Pinckney succeeded in persuading the

Prince of Peace to let the claims for Spanish depredations go before a

commission for settlement; but Godoy obstinately refused to recognize

the claims for French depredations, taking the ground that Spain was

in no way responsible for them, had never in any way profited by

them, and had no power at the time they occurred to prevent them; that

France, and France alone, had committed the offence, and should pay for

it.

Pinckney resisted this reasoning as energetically as possible; but

when Cevallos offered to sign a convention covering the Spanish

depredations, and reserving the Franco-Spanish claims for future

discussion, Pinckney properly decided to accept an offer which secured

for his fellow-citizens five or ten millions of money, and which left

the other claim still open.[154] The convention of Aug. 11, 1802, was

sent to the Senate Jan. 11, 1803, in the excitement that followed

Morales’s withdrawal of the _entrepôt_ at New Orleans. The Senate

deferred action until the last moment of the session; and then, March

3, 1803, after Nicholson and Randolph had appeared at the bar to

impeach Judge Pickering, Pinckney’s claims convention was taken up,

and the nine Federalists were allowed to defeat it by the absence of

Republican senators. The majority reconsidered the vote and postponed

the whole subject till the next session. Thus, owing to the action of

Federalist senators, when Jefferson in the following summer, after

buying Louisiana, looked about for the means of buying Florida, he

found these classes of claims, aggregating as he supposed between five

and ten million dollars, ready to his hand. Monroe was promptly ordered

to insist upon treating both classes alike, and setting both of them

against the proposed purchase of Florida. “On the subject of these

claims you will hold a strong language,” said Madison.[155]

A third class of claims could be made useful for the same purpose.

Damages had been sustained by individuals in the violation of their

right of deposit at New Orleans in the autumn of 1802.

“A distinction, however, is to be made,” wrote Madison, “between

the positive and specific damages sustained by individuals and

the general injuries accruing from that breach of treaty. The

latter could be provided for by a gross and vague estimate only,

and need not be pressed as an indispensable condition. The claim

however may be represented as strictly just, and a forbearance

to insist on it as an item in the valuable considerations for

which the cession [of Florida] is made. Greater stress may be

laid on the positive and specific damages capable of being

formally verified by individuals; but there is a point beyond

which it may be prudent not to insist, even here, especially

as the incalculable advantage accruing from the acquisition of

New Orleans will diffuse a joy throughout the western country

that will drown the sense of these little sacrifices. Should no

bargain be made on the subject of the Floridas, our claims of

every sort are to be kept in force.”

The President had not then decided to claim West Florida as included in

the Louisiana purchase, and he conceived of no reason which should make

Spain cling the more closely to Florida on account of the loss of New

Orleans.

The news of the Louisiana purchase reached Washington early in July,

1803; Madison wrote his instructions to Monroe at the end of the same

month; Jefferson announced his policy to Breckenridge in August. This

was the harvest season of his life. His theories were proved sound; his

system of government stood in successful rivalry with that of Bonaparte

and Pitt; and he felt no doubt that his friendship was as vital to

England, France, and Spain as all the armies and navies of the world.

In the midst of this enjoyment, September 4, he was suddenly told by

the Marquis of Casa Yrujo that he had bought stolen goods, and that

Spain as the rightful owner protested against the sale.[156]

Notwithstanding this strong measure, doubtless taken in obedience to

orders, Yrujo was still true to his old friendship. On hearing of the

cession, he did again what he had done eight months before, in the

excitement about the _entrepôt_ at New Orleans,--he tried to

smooth difficulties and quiet alarms.

“The ports of Florida,” he wrote to Don Pedro Cevallos,[157] “as

they would make it easy for us to annoy greatly the American

commerce in case of a war, would in like degree furnish the

Americans, if the Americans should possess them, the same means

of annoying ours, and of carrying on an immense contraband

trade from them, especially from Pensacola and Mobile, with

our provinces in the Gulf of Mexico. This last is the chief

evil which in my opinion will result from the acquisition of

Louisiana by the Americans, and can only be diminished by

numerous, watchful, and active revenue-cutters. For the rest I

do not look on the alienation of Louisiana as a loss for Spain.

That colony cost us much, and produced us very little.”

In short, Louisiana could not be defended by Spain, while as a part of

the United States it would certainly weaken, and probably dissolve, the

Union. As for the protest, he told[158] his Government, even before he

received Madison’s reply, that nothing would come of it.

As late as Nov. 5, 1803, Yrujo continued to write in the same tone to

his Government.

“The information I have received from trustworthy persons,” he

said,[159] “in regard to the disposition in which General Victor

was coming here, and the spirit of restlessness and almost of

rapine which reigned among many of the officials in his army,

leave me no doubt that the military colony of the French in

Louisiana would have been in reality a worse neighbor than the

Americans for us. Things have now taken such a turn, that in my

humble opinion if we are to lose Louisiana, the choice whether

that colony shall fall into the power of one nation rather than

another is not worth the expense and trouble of a war, provided

we preserve the Floridas.... I am convinced that this Government

knows perfectly the national interests, and to promote them will

follow in this respect a course of conduct which in proportion

as it better suits our own, should inspire us with greater

confidence.”

Yrujo acted the part of a true friend to both countries, in trying by

such arguments to reconcile his Government to the loss of Louisiana;

but there were limits to his good-will. He held that Spain could not

afford to part with Florida. Yrujo went to the extreme of concession

when he reconciled his Government to the loss of New Orleans, and

nothing would reconcile him to the further loss of Mobile and

Pensacola. Only on the theory that Spanish America was already ruined

by the cession of Louisiana could Yrujo argue in favor of selling

Florida.

On receiving Yrujo’s protests of September 4 and 27, Jefferson’s first

feeling was of anger. He sent a strong body of troops to Natchez.

“The Government of Spain,” he wrote to Dupont de Nemours,[160] “has

protested against the right of France to transfer, and it is possible

she may refuse possession, and that may bring on acts of force; but

against such neighbors as France there and the United States here, what

she can expect from so gross a compound of folly and false faith is not

to be sought in the book of wisdom.” The folly of such conduct might

be clear, but the charge of false faith against Spain for protesting

against being deprived of her rights, seemed unjust, especially in

the mouth of Jefferson, who meant to claim West Florida under a

Franco-Spanish treaty which was acknowledged by all parties to have

transferred Louisiana alone.

Only a week before this letter was written, the scheme of seizing West

Florida had been publicly avowed by John Randolph on the floor of the

House. Randolph’s speech of October 24, in language as offensive to

Spain as was possible in the mouth of a responsible leader, asserted,

as a fact admitting no doubt, that West Florida belonged to the United

States.[161] “We have not only obtained the command of the mouth of

the Mississippi, but of the Mobile, with its widely extended branches;

and there is not now a single stream of note rising within the United

States and falling into the Gulf of Mexico which is not entirely

our own, the Appalachicola excepted.” In a second speech the next

day, he reiterated the statement even more explicitly and in greater

detail.[162] The Republican press echoed the claim. Jefferson and

Madison encouraged the manœuvre until they could no longer recede, and

pushed inquiries in every direction,[163] without obtaining evidence

that West Florida was, or ever had been, a part of the government of

Louisiana. They even applied to Laussat,[164] the mortified and angry

French commissioner whom Bonaparte had sent to receive possession

of New Orleans; and Laussat, to the annoyance of Talleyrand and

Godoy, told the truth,--that the Iberville and the Rio Bravo were the

boundaries fixed by his instructions, and therefore that West Florida

was not a part of the purchase, but that Texas was.

Notwithstanding John Randolph’s official declaration, when the time

came for the delivery of Louisiana the Spanish governor, Dec. 20, 1803,

peacefully surrendered the province to Laussat; Laussat handed it in

due form to Claiborne; and Claiborne received it without asking for

West Florida, or even recording a claim for it. That this silence was

accidental no one pretended. The acquiescence in Spanish authority was

so implicit that Madison three months afterward, at a time when both

Executive and Legislature were acting on the theory that West Florida

was in Louisiana, found himself obliged to explain the cause of conduct

and contradictions so extraordinary. He wrote[165] to Livingston at

Paris that the President had for several reasons preferred to make no

demand for West Florida,--

“First, because it was foreseen that the demand would not only

be rejected by the Spanish authority at New Orleans, which

had in an official publication limited the cession westwardly

by the Mississippi and the Island of New Orleans, but it was

apprehended, as has turned out, that the French commissioner

might not be ready to support the demand, and might even be

disposed to second the Spanish opposition to it; secondly,

because in the latter of these cases a serious check would be

given to our title, and in either of them a premature dilemma

would result between an overt submission to the refusal and a

resort to force; thirdly, because mere silence would be no bar

to a plea at any time that a delivery of a part, particularly of

the seat of the government, was a virtual delivery of the whole.”

The President’s silence at New Orleans was the more conspicuous

because, at the moment when the province of Louisiana was thus

delivered with such boundaries as Spain chose to define, Congress

was legislating for Florida as an integral part of the Union. John

Randolph’s official assertion that Mobile belonged to the United

States under the treaty of cession, was made in the last part of

October, 1803, soon after Congress met. About a month later, November

30, he introduced a Bill nominally for giving effect to the laws of

the United States within the ceded territory. After much debate and

disagreement this Bill at length passed both Houses, and Feb. 24,

1804, received the President’s signature. The fourth section directed

that the territories ceded to the United States by the treaty, “and

also all the navigable waters, rivers, creeks, bays, and inlets lying

within the United States, which empty into the Gulf of Mexico east of

the River Mississippi, shall be annexed to the Mississippi district,

and shall, together with the same, constitute one district, to be

called the ‘District of Mississippi.’” This provision was remarkable,

because, as every one knew, no creeks, bays, or inlets lying within the

United States emptied into the Gulf. The Act by its eleventh section

authorized the President, “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 east of the said River Mobile, and west thereof to the

Pascagoula, inclusive, into a separate district, and to establish such

place within the same as he shall deem expedient, to be the port of

entry and delivery for such district.” This section gave the President

power of peace and war, for had he exercised it, the exercise must have

been an act of war; and John Randolph’s previous declarations left no

doubt as to the meaning in which he, who reported the Bill, meant it to

be understood.

By this time Yrujo was boiling with such wrath as a Spaniard alone

could imagine or express. His good-will vanished from the moment

he saw that to save Florida he must do battle with President,

Secretary of State, Congress, and people. One insult had followed

another with startling rapidity. The President’s _pêle-mêle_,

of which the story will be told hereafter, wounded him personally.

The cold reception of his protest against the Louisiana cession; the

captiousness of Madison’s replies to his remonstrances; the armed

seizure of New Orleans with which he was threatened; the sudden

disregard of his friendship and great services; the open eagerness of

the Government to incite Bonaparte to plunder and dismember Spain; the

rejection of the claims convention in March, and its sudden approval

by the Senate in January, as though to obtain all the money Spain was

willing to give before taking by force territory vital to her empire;

and above all, the passage of this law annexing the Floridas without

excuse or explanation,--all these causes combined to change Yrujo’s

ancient friendship into hatred.

In the midst of the complicated legislation about Louisiana, while the

Mobile Act was under discussion, Jefferson sent to the Senate, Dec.

21, 1803, the correspondence about the Spanish claims, and among the

rest an adverse opinion which Yrujo had obtained from five prominent

American lawyers on an abstract case in regard to the Franco-Spanish

spoliations. Madison was particularly annoyed by this legal opinion,

and thought it should bring these five gentlemen within the penalties

of the law passed Jan. 30, 1799, commonly known as Logan’s Act.

Senator Bradley of Vermont moved for a committee, which reported in

favor of directing the President to institute proceedings against

Jared Ingersoll, William Rawle, J. B. McKean, Peter S. Duponceau, and

Edward Livingston,--five lawyers whose legal, social, and political

character made a prosecution as unwise in politics as it was doubtful

in law. The Senate having at the moment too many prosecutions already

on its hands, let Senator Bradley’s Report lie unnoticed, and soon

afterward confirmed the claims convention by a vote of eighteen to

eight,[166]--barely two thirds, the least factious of the Federalists

joining the majority, and by this unpartisan act causing in the end

more embarrassment to the party in power than the most ingenious

factiousness could have plotted. Madison, in the midst of his measures

for pressing the acquisition of Florida, sent the ratified claims

convention to Madrid. The period fixed for ratification had long since

expired, and the attitude of the United States toward Florida had

altered the feelings and interests of Spain; but either Madison was

unaware of the change, or he wished to embarrass Godoy. He added in his

letter to Pinckney,[167] “It was judged best, on the whole, no longer

to deprive that class of our citizens who are comprehended in the

convention of the benefit of its provisions;” but although consenting

to take what Spain was willing to give, he spoke with contempt of the

Spanish argument against the Franco-Spanish claims, and insisted that

these should be pressed without relaxation. He even complained that

Yrujo, in taking the opinion of American lawyers, had failed in respect

to the United States government and his own.[168]

Madison seemed unconscious that Yrujo could have any just cause of

complaint, or that his Government could resent the tone and temper of

President and Congress. The passage of the Bill which made Mobile a

collection district and a part of the Mississippi territory gave Yrujo

the chance to retaliate. About a fortnight after the President had

signed this law, Yrujo one morning entered the State Department with

the printed Act in his hand, and overwhelmed Madison with reproaches,

which he immediately afterward supported by a note[169] so severe as

to require punishment, and so able as to admit of none. He had at

first, he said, regarded as “an atrocious libel” on the United States

government the assertion that it had made a law which usurped the

rights of Spanish sovereignty; yet such was the case. He gave a short

and clear abstract of the evidence which refuted the claim to West

Florida, and closed by requesting that the law be annulled.

Madison could neither maintain the law nor annul it; he could not even

explain it away. Gallatin told the President six months afterward,[170]

that “the public mind is altogether unprepared for a declaration that

the terms and object of the Mobile Act had been misunderstood by

Spain; for every writer, without a single exception, who has written

on the subject seems to have understood the Act as Spain did; it has

been justified by our friends on that ground.” Yet Jefferson was not

prepared to maintain and defend the Act in its full assertions of

authority, after accepting Louisiana without asking for West Florida.

Madison wrote a letter of complaint to Livingston at Paris,[171]

explaining, as already quoted, the reasons which had induced the

President to make no demand for West Florida before ascertaining the

views and claiming the interposition of the French government.

“In this state of things,” said he, “it was deemed proper by

Congress, in making the regulations necessary for the collection

of revenue in the ceded territory, and guarding against the new

danger of smuggling into the United States through the channels

opened by it, to include a provision for the case of West

Florida by vesting in the President a power which his discretion

might accommodate to events.”

This interpretation of the law was not in harmony with the law itself

or with Randolph’s speeches; but Madison hastened to turn from this

delicate subject in order to bring another complaint against Yrujo.

“The Act had been many weeks depending in Congress with these

sections, word for word, in it; ... it must in all probability

have been known to the Marquis d’Yrujo in an early stage of its

progress; if it was not, it marks much less of that zealous

vigilance over the concerns of his sovereign than he now makes

the plea for his intemperate conduct. For some days, even after

the Act was published in the Gazette of this city, he was

silent. At length, however, he called at the office of State,

with the Gazette in his hand, and entered into a very angry

comment.”

The Spanish minister’s subsequent notes had been written with “a

rudeness which no government can tolerate;” but his conduct was

chiefly of importance “as it urges the expediency of cultivating the

disposition of the French government to take our side of the question.”

The President came to Madison’s relief. By a proclamation issued a few

weeks afterward, reciting the terms of the Act of Congress in regard

to the Bay and River of Mobile, he declared all these “shores, waters,

inlets, creeks, and rivers, lying _within the boundaries of the

United States_,” to be a collection district, with Fort Stoddert for

its port of entry.[172] The italics were a part of the proclamation,

and suggested that such could not have been the intent of Congress,

because no part of the shores or waters of Mobile Bay, or of the other

bays east of Mobile, lay within the boundaries of the United States.

The evasion was a divergence from the words of the Act unwarranted by

anything in the context; and to give it authority, Jefferson, in spite

of Gallatin’s remonstrance, declared in his next Annual Message that

the Mobile Act had been misunderstood on the part of Spain.[173]

History of the United States of America, Volume 2 (of 9) · 第 11 / 18 章