a joint and several Commission was forwarded to Governor Claiborne and Genl Wilkinson authorizing them to receive possession and occupy those territories, and a separate Commission to the former as temporary Governor. The possibility suggested by recent circumstances that delivery may be refused at New Orleans, on the part of Spain, required that provision should be made as well for taking as receiving possession. Should force be necessary, Governor Claibone and Genl Wilkinson will have to decide on the practicability of a Coup de Main, without waiting for the reinforcements which will require time on our part and admit of prep I partake Sir in all the satisfaction which you feel at an event which awakens recollections both of a public & private nature, so agreeable to both of us; and I pray you to be assured that I observe with sincere pleasure, in the share you have contributed to it, those enlarged views and honorable principles, which confirm the high esteem & distinguished consideration with which I remain, Dr sir, your friend & Servt-Mad. MSS. -. TO JAMES MONROE. Washington. Dec 26 1803 DEAR SIR I have recd I believe all your letters public and private down to that of October 22, written merely to say that all continued well. I have taken due care of the communications on the subject of your Everything seems to be well understood on this side the water. I cannot say more now as I write of necessity without cypher. M. Merry has been with us some time. He appears to be an amiable man in private society, and a candid and agreeable one in public business. A foolish circumstance of etiquette has created some sensibility in Mrs Merry and perhaps himself; but they will find so uniform & sincere a disposition in all connected with the Govt to cultivate a cordial society with them, and to manifest every proper respect for their characters and station, that if any unfavorable impression has happened, it must be very transient. It would be unfortunate if it were otherwise, because a dissatisfaction of whatever sort, or however produced, might mingle itself with his general feelings, and, thro' them, with the agency committed to him. We have had several conversations both incidental & formal on the topics most interesting to the two Countries. I have taken pains to arations on the other. The force provided for this object is to consist of the regular troops near at hand, as many of the Militia as may be requisite and can be drawn from the Mississippi Territory, and as many volunteers from any Quarter as can be picked up. To them will be added 500 mounted Militia, from Tennessee, who it is expected will proceed to Nachez with the least possible delay. Mr. Pichon has in the strongest manner pressed on Mr. Laussat the French Commissary appointed to deliver possession, the necessity of co-operating in these measures of com make him sensible of the tendency of certain proceedings on the British side, and of their injustice as well as impolicy. I communicated to him a few days ago, the intention of the President to explain our views fully to you on these topics, and to authorize you to negociate such conventional eclaircissements and arrangements as may put an end to every danger to which the harmony between the two Countries is now subjected. His ideas appeared to be moderate, & his disposition conciliatory. As he will doubtless communicate to his Govt. what passed us, I think it proper, in order to place you on a level of information, to observe briefly, that the plan will be to get rid of impressments altogether on the high seas, to define blockades & contraband according to the last Treaty between G. B. & Russia, to regulate visits & searches of our vessels, according to the Treaty of 1786 between G. B. and France, to put aside the doctrine, that a Colonial trade, not allowed in time of peace, is unlawful in time of war; and in return to agree to a mutual surrender of deserters from ships and from garrisons, and to a legislative provision agt exporting articles enumerated as contraband to places within the jurisdiction of an enemy. This will be the outline, excepting a few minor propositions. The subject is now before the Cabinet, and it will not be long before it will be forwarded to you in its details. It is much to be desired that something may be done to consolidate the good understanding between the two nations, and I really believe that there is nothing aimed at by us that is not for the true interest of both parties. I am not without hopes that M: Merry sees the business in a good degree in the same light, and that his representations will co-operate with your reasonings on it. I am glad to learn that in Europe violations of our maritime rights are so much mitigated in comparison with the former war. It is a good omen. In the American seas, however the scene is very different, and I fear is growing worse & worse. Impressments and other outrages on our flag are multiplying, and the depredations, under pretext of blockades, are going on in rivalship with all the extrav pulsion should they prove necessary by the refusal of the Spanish Officers to comply without them. On the 8th of October it was not known, and no indications had been exhibited at New Orleans, of a design on the part of Spain to refuse or oppose the surrender of the Province to France, and thereby to us.1 With high respect & consideration &c. agances of the last war. I will send herewith if I can, certain documents, both as to impressments and blockades which will explain the justice of these remarks, and satisfy you, as they ought to do the British Govt. that the friendship & patience of this country are put to a severe trial. A Bill has been brought in Congress with a view to some remedy. It proposes to forbid the use of our pilots, our ports, and our supplies & hospitalities to any ship of war which shall be proved & proclaimed to have impressed or otherwise insulted those on board our vessels. Whether it will be pursued into a law is uncertain; but if it should not, the forbearance will proceed merely from a hope that a remedy to the evil is contemplated by negotiations. The public mind is rising to a state of high sensibility, and no other consideration than such a hope would I am persuaded, suspend the effect of it on the Legislative Councils. It is to be wished that the introduction of the Bill may not be misconstrued into an unfriendly disposition towards G. Britain. I have every reason to believe that the supposed necessity of it is deeply regretted, and that a just accommodation of all differences with G. B. will give the most sincere and general satisfaction. Louisiana was delivered by the Spanish authorities at N. Orleans to Laussat, on the 30th of Nov! Our Comssrs, Claibourne & Wilkinson with their troops, were at Fort Adams on their way to receive the transfer to the U. States All difficulties therefore are at an end in that quarter. Nothing appears to have passed in relation to W. Florida, or the boundaries in general. It is understood that Spain does not include any territory E. of the Misspi except the island of N. O. in the idea of Louisiana. It will be an easy matter to take possession according to our idea. The mode alone can beget a question. You omitted the bill of the Paris Silver Smith, referred to in your last.-Yrs Monroe MSS. A copy of the above letter was also forwarded to Pinckney, excepting the postscript. Note in the original. The postscript related to the appointment of commissioners to liquidate claims under the convention of April 30, 1803. SIR, D. OF S. MSS. INSTR. TO JAMES MONROE. The information and observations which you have as yet received from me since your arrival in London, on the impressment of our seamen, and other violations of our rights, have been in private letters only. The delay in making these injuries the subject of official communications, proceeded, first, from an expectation that the British Government would have notified formally to the United States as a neutral power, the state of War between Great Britain and France; which would have been an apt occasion, for combining with assurances of the fairness with which our neutral obligations would be fulfilled, our just claims on a correspondent respect for our neutral rights, and particularly of those which had been least respected during the last war: secondly, from the expected arrival of Mr. Merry, which, if he should not be charged with such a notification, might be a favorable opportunity for commencing the explanations and discussions which must precede a thorough correction of the wrongs which we experience. 1 Madison wrote to Monroe privately, January 18th.— I write you by Mr. Baring, who will also take charge of full instructions on the subject of a Convention with G. B. for putting an end to impressments &c. It is of great importance to the harmony of the two Countries that the project should not entirely fail. There is not time to forward by this opportunity instructions relative to Madrid. They will probably soon follow. In the mean time, you will collect from a letter which the President writes his present views with respect to that Mission. I refer to the same source also for other things of which a repetition is unnecessary, particularly the arrangement as to Louisiana. The inclosed paper has an address to M'. Merry, which shows the importance to G. Britain of a stipulation to surrender her deserting seamen. She cannot expect this to be either stipulated or practised, whilst impressments go on. On the contrary she must expect other States to follow the example of Va. which will throw the whole trade between the two Countries in time of war at least into American vessels. -Mad. MSS. Since the arrival of Mr. Merry, accordingly, no time has been lost in calling his attention to the subject; and in preparing both it and him, for the negotiation which is now to be committed to you. If appearances are to be trusted, his impressions and representations will be friendly to it. In my conversations with him, which have been free and full, he has expressed the best dispositions, has listened with candor to the appeals made as well to the considerations of justice, as of the solid interest of his nation; and altho' he suggests serious difficulties on certain points, he will, I believe, sincerely co-operate in lessening them, and in bringing about an arrangement which will be acceptable to this country. The only topic on which any thing has passed in writing between the Department of State and him, is that of the pretended blockade of St. Domingo. Copies of my letter to him and of his answer, are herewith inclosed; as also of the letter written to Mr. Thornton some time before, and referred to in that to Mr. Merry, in relation to a like blockade of Martinique and Guadaloupe. Altho' there are many important objects which may be thought to invite conventional regulations between the United States and Great Britain, it is evidently proper to leave for subsequent consideration, such as are less urgent in their nature or more difficult in their adjustment; and thereby to render the way plainer and shorter to an agreement with respect to objects which cannot be much longer delayed without danger to the good understanding of the two nations. With this view the plan of a Convention contemplated by the President, is limited to the cases of impressments of our seamen, of blockades, of visiting and searching our vessels, of contraband of War, and of the trade of hostile Colonies, with a few other cases affecting our maritime rights; embracing however, as inducements to Great Britain to do us justice therein, a provision for the surrender of deserting seamen and soldiers, and for the prevention of contraband supplies to her enemies. |