: History of the United States of America Volume 2 (of 9) by Adams Henry - United States History 1801-1809; United States History 1809-1817

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HISTORY OF THE UNITED STATES.

CONGRESS expired; Monroe set sail March 8, 1803; Washington relapsed into silence; and the President and his Cabinet waited alone in the empty village, triumphing for the moment over their difficulties. Although a French prefect was actually in New Orleans, and the delivery of Louisiana to Bonaparte might from day to day be expected, not an additional soldier stood on the banks of the Mississippi, and the States of Kentucky and Tennessee were as quiet as though their flat-boats still floated down to New Orleans. A month passed before Madison or Jefferson again moved. Then the President asked his Cabinet what Monroe should do in case France, as he expressed it, "refused our rights." He proposed an alliance with England, and suggested three inducements which might be offered to Great Britain: "1. Not to make a separate peace. 2. To let her take Louisiana. 3. Commercial privileges." The Cabinet unanimously rejected the second and third concessions, but Dearborn and Lincoln were alone in opposing the first; and a majority agreed to instruct Monroe and Livingston, "as soon as they find that no arrangements can be made with France, to use all possible procrastination with them, and in the mean time enter into conferences with the British government, through their ambassador at Paris, to fix principles of alliance, and leave us in peace till Congress meets; and prevent war till next spring."

Madison wrote the instructions. If the French government, he said, should meditate hostilities against the United States, or force a war by closing the Mississippi, the two envoys were to invite England to an alliance, and were to negotiate a treaty stipulating that neither party should make peace or truce without consent of the other. Should France deny the right of deposit without disputing the navigation, the envoys were to make no positive engagement, but should let Congress decide between immediate war or further procrastination.

At no time in Talleyrand's negotiations had the idea of war against the United States been suggested. Of his intentions in this respect alone he had given positive assurances. Above all things both he and the First Consul feared a war with the United States. They had nothing to gain by it. Madison's instructions therefore rested on an idea which had no foundation, and which in face of the latest news from Europe was not worth considering; yet even if intended only for use at home, the instructions were startling enough to warrant Virginians in doubting their authenticity. The late Administration, British in feeling as it was supposed to be, had never thought an alliance with England necessary even during actual hostilities with France, and had not hesitated to risk the chances of independent action. Had either of Jefferson's predecessors instructed American ministers abroad, in case of war with France, to bind the United States to make no peace without England's consent, the consequence would have been an impeachment of the President, or direct steps by Virginia, Kentucky, and North Carolina, as in 1798, tending to a dissolution of the Union. Such an alliance, offensive and defensive, with England contradicted every principle established by President Washington in power or professed by Jefferson in opposition. If it was not finesse, it was an act such as the Republicans of 1798 would have charged as a crime.

Monroe was then already at Paris. In order to make clear the situation in which he found himself, the sequence of events in Europe needs to be understood.

Bonaparte's expedition to Louisiana was to have sailed at the end of September, 1802. A general of division, three generals of brigade, five battalions of infantry, two companies of artillery, sixteen pieces of cannon, and three thousand muskets were to be collected at Dunkirk for shipment; but as fast as regiments could be named they were consumed by the fiery furnace of St. Domingo. Nevertheless, all the orders and arrangements were gradually made. Victor was to command the forces in Louisiana; Laussat was to be prefect, charged with the civil administration. Both received elaborate written instructions; and although Victor could not sail without ships or troops, Laussat was sent on his way.

These instructions, which were never published, had extreme value for the decision of disputes which were to perturb American politics for the next twenty years. Although Victor was forced to wait in Holland for the expedition he commanded, a copy of his instructions was given to Laussat, and served to regulate his conduct as long as he remained in office. Decr?s, the Minister of Marine, was the author of this paper, which unfolded the purpose that had guided France in recovering, and was to control her in administering, this vast possession. Nothing could be simpler, clearer, or more consistent with French policy than this document, which embodied so large a part of Talleyrand's political system.

The instructions began, as was natural, by a careful definition of the new province. After reciting the terms of the retrocession according to the Third Article of Berthier's Treaty, Decr?s fixed the boundaries of the territory which Victor, on the part of the French republic, was to receive from the Marquis of Somoruelos, the Captain-General of Cuba.

"The extent of Louisiana," he said, "is well determined on the south by the Gulf of Mexico. But bounded on the west by the river called Rio Bravo from its mouth to about the 30? parallel, the line of demarcation stops after reaching this point, and there seems never to have been any agreement in regard to this part of the frontier. The farther we go northward, the more undecided is the boundary. This part of America contains little more than uninhabited forests or Indian tribes, and the necessity of fixing a boundary has never yet been felt there. There also exists none between Louisiana and Canada."

In this state of things the captain-general would have to relieve the most remote Spanish garrisons, in order to establish possession; in other respects he would be guided only by political and military interests. The western and northern boundary was of less consequence than the little strip which separated New Orleans from Mobile; and to this point the instructions specially called Victor's attention. Quoting the treaty of 1763 between Spain, Great Britain, and France, when Florida was to become a British possession, Decr?s fixed its terms as still binding upon all the interested parties.

"'It is agreed,'" said the seventh article of this treaty, "'that in future the boundaries between the States of his Most Christian Majesty and those of his Britannic Majesty shall be irrevocably fixed by a line drawn down the middle of the Mississippi River from its source to the River Iberville, and from there by a line down the middle of that river and of the lakes Maurepas and Pontchartrain to the sea. New Orleans and the island on which it stands shall belong to France.' Such is still to-day the eastern limit of Louisiana. All to the east and north of this limit makes part of the United States or of West Florida."

Nothing could be clearer. Louisiana stretched from the Iberville to the Rio Bravo; West Florida from the Iberville to the Appalachicola. The retrocession of Louisiana by Spain to France could restore only what France had ceded to Spain in 1762. West Florida had nothing to do with the cession of 1762 or the retrocession of 1800, and being Spanish by a wholly different title could not even be brought in question by the First Consul, much as he wanted Baton Rouge, Mobile, and Pensacola. Victor's orders were emphatic:--

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