It is unnecessary to say, that the United States were anxious to prevent this apprehended transfer of the territory in question; and our ministers in France and Spain, Robert R. Livingston and Charles Pinckney, were instructed, if the cession had not been made, to use their endeavors to defeat the project; and Mr. Pinckney was particularly requested (May 11, 1802,) if Spain should retain New Orleans and the Floridas, to endeavor “ to obtain the arrangement by which the territory on the east side of the Mississippi, including New Orleans, might be ceded to the United States, and the Mississippi made a common boundary, with a common use of its navigation for them and Spain." But notwithstanding the denial of the fact on the part of the French government to Mr. Livingston, and persisted in for a year, the cession had been made as early as October, 1800.

By the treaty between the United States and Spain, of October 27, 1795, our western boundary was fixed in the middle of the Mississippi down to the 31st degree of north latitude; and the navigation of the whole breadth of the river from its source to the ocean, was to be free to the subjects and citizens of both countries; and in consequence of these stipulations, the citizens of the United States were to be permitted for three years, to use the port of New Orleans as a place of deposit and exportation for their merchandise ; which privilege was to be thereafter continued, if not prejudicial to Spain; and if not continued there, “an equivalent establishment” was to be assigned for this purpose at some other place on the bank of the Mississippi. But, notwithstanding these plain stipulations, the use of the port of New Orleans was suddenly interrupted by the intendant of the province of Louisiana at New Or. leans, on the pretext that, “with the publication of the ratification of the treaty of Amiens, and the reëstablishment of the communication between the English and Spanish subjects, the inconvenience [of the privilege granted by the treaty] had ceased;" adding, that the “toleration could be no longer consented to without an express order from the king."

Information of this interruption of trade was communicated to congress by the president the 30th of December, 1802. On the 7th of January, 1803, the house of representatives adopted a resolution, in which they declared, that, while “willing to ascribe this breach of compact to the unauthorized misconduct of certain individuals," they held it to be their duty" to express their unalterable determination to maintain the boundaries and the rights of navigation and commerce through the river Mississippi, as established by existing treaties.” This affair was made the subject of communication to both Mr. Pinckney and to Mr. Livingston.

The empty declaration, by congress, of a determination to maintain

she could do by interesting the American merchant in their sale, and by engaging the government of the United States to give them a preference. These objects might be attained by ceding New Orleans to the United States, reserving to herself the right of entry without the payment of higher duties than were exacted from vessels of the United States, and the right to navigate the Mississippi. This would enable France to carry her fabrics into all the western territory. She would command the respect without exciting the fear of the two nations whose friendship was most important to her commerce, and to the preservation of her islands: and all this without the expense of maintaining colonial establishments. But should France retain New Orleans, and endeavor to colonize Louisiana, she would render herself an object of jealousy to Spain, the United States, and Great Britain, who would discourage her commerce, and compel her to make expensive establishments for the security of her rights.

The object of our government seems to have been to purchase New Orleans and the Floridas; for, although the latter was not included in the cession, it was suggested by Mr. Livingston, that France could acquire it by an exchange with Spain, returning her Louisiana, retaining New Orleans, and then give the latter and Florida for our debt. In a letter to Mr. Madison of December 20, 1802, Mr. Livingston, although not sanguine of success, had such encouragement as to think it advisable to ask for instructions “ hov: to act in case favorable circumstances should arise.” The armament for Louisiana, he said, had not yet sailed.

Before this letter was received, the president, contemplating the cession of Louisiana to France, in connection with the affair at New Orleans, determined to take measures most likely, not only to reëstablish our présent rights, but to effect their enlargement and security. The importance of the crisis, he thought, demanded the experiment of an extraordinary mission; and he appointed Mr. Monroe, as an associate of Mr. Livingston, and also of Mr. Pinckney, if it should be necessary, in treating with the Spanish government. The instructions were to procure, if possible, a cession of New Orleans and the Floridas. Information of this appointment was communicated by Madison to Mr. Livingston under date of the 18th of January, 1803.

On the 24th, Mr. Livingston wrote, informing our government of the appointment of General Bernadotte, brother-in-law of Joseph Bonaparte, as minister to the United States. This letter spoke discouragingly; and an accompanying dispatch appeared to assume that Florida also was ceded to France. But on the 3rd of March, he wrote that it was still in the hands of Spain.

A direct negotiation had been commenced before the arrival of Mr.

difficulty with which they were restrained by the prudence of the president; that he must easily see how much the hands of the war party would be strengthened, when they learned that France was on the eve of a rupture with England. In the same interview, Marbois was asked whether, in case of a purchase, France would stipulate never to possess the Floridas, and that she would aid us to procure them; to which he replied in the affirmative.

Although the ministers had no instructions to purchase Louisiana, the thing not having been contemplated—perhaps never before thought of; but the offer to sell having been made by Bonaparte, and the great value of the acquisition to the United States being considered, our ministers were induced to assume the responsibility of transcending their authority. The conference sketched above, took place on the 13th of April, and on the 30th, the treaty was signed by the parties to the negotiation.

Among the stipulations of the treaty was one conceding to the vessels of France and Spain coming directly from any part of their respective dominions, loaded only with the products of the same, the right, for twelve years, to enter the ports of the ceded territory on the same terms as vessels of the United States coming directly from the same countries. During this time, no other nation was to enjoy the same privileges; and thereafter, France was to enjoy the footing of the most favored nations. The sum to be paid was 60,000,000 francs, and the French debt which was not to exceed 20,000,000; the precise amount not having been ascer. tained. An investigation of the claims was provided for in the treaty. The French debt having been subsequently determined to be $3,750,000, the whole purchase amounted to $15,000,000. The treaty consisted of three separate parts; the first being properly the treaty of cession. This was followed by two conventions, the first of which contained the stipulation for the payment of the 60,000,000 francs in six per cent. stock, interest to be paid half yearly; the principal to be paid in annual instalments of not less than three millions of dollars, to commence fifteen years after the exchange of ratifications. The other convention stipulated the payment of the claims of American citizens against France, and established the mode of determining them.

Thus was obtained, in consequence of an unexpected offer of Bonaparte, and contrary to the instructions of our government and to the constitution, an acquisition to the United States of incalculable value. Mr. Jefferson admitted this purchase and "annexation" to be unauthorized, and proposed an ex post facto amendment of the constitution, to give sanction to the measure, but which was never attempted.

Mr. Monroe, soon after his departure from the United States, was appointed (April 18, 1803,) minister to Great Britain, whither he pro