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be instructed to leave it immediately, & Bowdoin might as well, perhaps, delay going there till circumstances render it more necessary.

TO THE SECRETARY OF STATE.
(JAMES MADISON.)

J. MSS.

WASHINGTON, Oct. 11, 05.

DEAR SIR.-The only questions which press on the Executive for decision are whether we shall enter into a provisional alliance with England to come into force only in the event that during the present war we become engaged in war with France? leaving the declaration of the casus federis ultimately to us. Whether we shall send away Yrujo, Casacalvo, Morales? Whether we shall instruct Bowdoin not to go to Madrid until further orders ? But we are all of opinion that the first of these questions is too important & too difficult to be decided but on the fullest consideration, in which your aid and council should be waited for. I sincerely regret the cause of your absence from this place, and hope it will soon be removed; but it is one of those contingencies from the effects of which even the march of public affairs cannot be exempt. Perhaps it would not be amiss to instruct Bowdoin to await at London further orders; because if we conclude afterwards that he should proceed, this may follow the other instruction without delay.'

1 On October 23d, Jefferson wrote to Madison :

"WASHINGTON, Oct. 23, '05. "DEAR SIR,-Yours of the 20th came to hand last night. I sincerely regret that Mrs. Madison is not likely to be able to come on so soon as had been hoped. The probability of an extensive war on the continent of Europe strengthening every day for some time past, is now almost certain. This gives us our great desideratum, time. In truth it places us quite at our ease. We are certain of one year of campaigning at least, and one other year of negotiation for their peace arrangements. Should we be now forced into war, it is become much more questionable than it was whether we should not pursue it unembarrassed by any alliance & free to retire from it whenever we can obtain our separate terms. It gives us time too to make another effort for peaceable settlement. Where should this be done? Not at Madrid certainly. At Paris; through Armstrong, or Armstrong & Monroe as negotiators, France as the mediator, the price of the Floridas as the means. We need not care who gets

I am glad we did not intermeddle with Armstrong's decision against the insurance companies. I am told these companies have a great mixture of English subscribers. If so, the question that and an enlargement of the sum we had thought of may be the bait to France, while the Guadaloupe as the western boundary may be the soother of Spain, providing for our spoliated citizens in some effectual way. We may announce to France that determined not to ask justice of Spain again, yet desirous of making one other effort to preserve peace, we are willing to see whether her interposition can obtain it on terms which we think just; that no delay however can be admitted, & that in the meantime should Spain attempt to change the status quo, we shall repel force by force, without undertaking other active hostilities till we see what may be the issue of her interference. I hazard my own ideas merely for your consideration. The present state of things does not so far press as to render it necessary for you to do violence to your feelings by prematurely leaving Mrs. Madison. Accept for her & yourself my affectionate salutations.

"P. S. Let Mr. Smith know as you pass thro' Baltimore, & he will come on."

One day later Jefferson wrote to the Secretary of the Navy:

46

"WASHINGTON, Oct. 24, 05.

DEAR SIR,—Understanding from Mr. Madison that he would be here by the last of the week, I wrote to desire him to give you notice of his passing thro' Baltimore but by a letter received yesterday it is probable he will have set out before my letter reaches him.

The almost certainty which now appears of an extensive continental war in Europe changes our situation most advantageously, inasmuch as it ensures us another year's continuance at least of that war. Consequently we need be in no hurry to make any propositions to England, but may proceed at once to make another & last effort to bring Spain to a settlement; and even if we fail, it is now much more questionable than it was whether we had not better enter the war unembarrassed by any alliance, that we may withdraw separately as soon as our separate terms can be obtained. How & where to open new conferences is the question? Not in Spain certainly, nor with Spain. Will it not be better to make a friendly appeal to France, letting them understand it is a last effort for peace, settle through them a reasonable price for the Floridas, part money, part concession towards the Rio bravo, but securing from Spain the indemnification for spoliations by hypothecation until she pays principal & interest. We in the meantime paying our merchants their interest & guaranteeing the principal, so that they may sell the debt as stock for present relief. I hazard these new thoughts produced by the new circumstances, for consideration & consultation as soon as we can meet. Then also I wish to consult you on a plan of a regular naval militia to be composed of all our seafaring citizens, to enable us to man a fleet speedily by supplying voluntary enlistments by calls on that militia. Affectionate salutations."

becomes affected by the partnership. What is become of our hermitage? As you are in the neighborhood of Butler I presume the claim upon us could be easily settled & apportioned. Present my respects to Mrs. Madison & my prayers for her speedy & perfect re-establishment and accept yourself affectionate salutations.

TO THE SECRETARY OF THE TREASURY.
(ALBERT GALLATIN.)

Th. J. to Mr. Gallatin.

J. MSS.

October 23, 1805.

I send for your perusal another letter of Mr. Madison, which I will ask the favor of you to return immediately with the one sent on Saturday, and on which it is necessary to act.

The war on the Continent of Europe appears now so certain, and that peace is at least one year off, that we are now placed at our ease in point of time. We may make another effort for a peaceable accommodation with Spain without the danger of being left alone to cope with both France and Spain; and even if we are driven to war, it is now much more questionable than it was whether we had not better enter into it without fettering ourselves with an alliance, that we may be free to retire whenever our terms can be obtained. Peace cannot now be made in Europe but by a general convention, and that will take best part of a twelvemonth to arrange. Our question now is in what way to give Spain another opportunity of arrangement? Is not Paris the place? France the agent? The purchase of the Floridas the means? Affectionate salutations.

TO WILSON CARY NICHOLAS.

J. MSS.

WASHINGTON, Oct. 25, 1805.

DEAR SIR,-Immediately on my arrival here I examined my papers & found that I had delivered up to the Treasury the copy of the judgment against Robinson's administrators. I took the first oppor

tunity therefore of speaking to Mr. Gallatin & desiring him to transmit it to you. He did not recollect the receipt of it, but promised to have it searched for, from him therefore you will receive it.

It seems now certain there will be an extensive war on the continent of Europe. We shall avail ourselves of the time which this event gives us to bring Spain peaceably to reason, & I believe there is a way of doing it with dignity & effect. Should it even fail, we shall still be in time to do ourselves justice if the case shall call for it. This new state of things is the more fortunate in proportion as it would have been disagreeable to have proposed closer connections with England at a moment when so much just clamour exists against her for her new encroachments on neutral rights. Accept affectionate salutations & assurances of great esteem & respect.

CABINET DECISION ON SPAIN.

J. MSS.

[Nov. 14, 1805.]

1. Spain shall cede & confirm to the US. East & West Florida with the islands & waters thereon depending & shall deliver possn. immedly.

2. The US. shall pay to Spain in the city of Madrid on delivery of possn. 5. M. D. within Months after the treaty shall have

been ratified by Spain.

3. Spain & France to have the same privileges respecting trade in the Floridas as [illegible] in Louisa.

4. The boundary between the territories of Orleans & Louisiana on the one side & the domns. of Spain on the other shall be the river Colorado' from its mouth to it's source thence due N. to the

1 Here the MS. reads, "Guadaloupe, if to be obtd, Colorado if not," and then the words are struck out.

highlands inclosing the waters which run directly or indirectly into the Missouri or Misipi rivers, & along those highlands as far as they border on the Span. domns.

5. The country between the Western boundary of the territories of Orleans on the one side-& Louisa on the other (the Rio Bravo & Eastern or Salt river branch thereof Rio Colorado) from its main source & by the shortest coast to the highlands before ment as the sd. Western boundy shall remain unsettled for 30 years from the date of this treaty.

6. Spain shall pay to the US. in the city of Wash? on or before the last day of Dec. 1807. 4. Ms D. as an indemnific? & acquittance for all Spolians comm? under her flag on the citizens of the US. prior to the 1st day of Nov. 1805. with interest thereon from the date of this treaty, & for the faithful performe thereof she hypothecates to the US. the country described in the 5th article.

7. The US. in the mean time undertake to advance to their citizens the interest on their respective claims for such spolitns. to be settled by authority of the US. and in the event of a failure by Spain to pay the sd. 4. M. & inst. as before stipulated, the country described in the 5th Art. shall stand ipso facto vested in the US. who shall be ansable. to their citizens for their just demands as settled by the 7th Art., & all interest past & to come, so that Spain by the forfeiture of the sd. country shall stand liberated from all demands of principal or interest past or to come for the sd. spolians. but the US. shall permit no settlemt. with in the sd. country for the term of 30. years before mentioned.

DRAFT OF FIFTH ANNUAL MESSAGE.1

Dec. 3, 1805.

To the Senate & House of Representatives of the U. S. of America. At a moment when the nations of Europe are in commotion & arming against each other, when those with whom we have principal intercourse are engaged in the general contest, and when

The following are papers relating to this message. The first is indorsed "Dept. of State recd Oct. 25 Message."

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