Thomas Jefferson Papers

From Thomas Jefferson to the Senate, 17 October 1803

To the Senate

Gentlemen of the Senate

In my message of this day to both houses of Congress, I explained the circumstances which had led to the conclusion of conventions with France, for the cession of the province of Louisiana to the United States.   those Conventions are now laid before you, with such communications relating to them as may assist in deciding whether you will advise and consent to their ratification.

The Ratification of the First Consul of France is in the hands of his Chargé des affaires here, to be exchanged for that of the United States, whensoever, before the 30th. instant, it shall be in readiness.

Th: Jefferson

RC (DNA: RG 46, EPFR, 8th Cong., 1st sess.); endorsed by a Senate clerk. PrC (DLC). Recorded in SJL with notation “Message. Conventns. Louisiana.” Enclosures (all in DNA: RG 46, EPFR, 8th Cong., 1st sess., Trs in clerks’ hands except as noted): (1) Treaty between the United States and the French Republic for the cession of Louisiana, 30 Apr.; endorsed by Jacob Wagner as received 2 Sep. (2) Convention for payment for Louisiana, 30 Apr.; endorsed by Wagner as received 2 Sep. (3) Convention for payment of debts to U.S. citizens, 30 Apr. (4) Madison to Robert R. Livingston and James Monroe, 2 Mch., instructions for negotiation to acquire New Orleans and East and West Florida; no. 1 in John Quincy Adams’s notes (see below); Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 35 vols.; Sec. of State Ser., 1986- , 9 vols.; Pres. Ser., 1984- , 7 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 4:364-79; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:540-4. (5) Madison to Livingston and Monroe, 18 Apr. (see Preparations to Negotiate an Alliance with Great Britain, Vol. 40:227-33); with one paragraph that explains contingencies for the use of blank commissions and letters of credence heavily canceled; no. 2 in Adams’s notes; Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 35 vols.; Sec. of State Ser., 1986- , 9 vols.; Pres. Ser., 1984- , 7 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 4:527-32; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:555-6. (6) Madison to Livingston and Monroe, 18 Apr., second letter, giving them the president’s authorization to conduct confidential communications with ministers of the British government if circumstances should warrant; no. 3 in Adams’s notes; Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 35 vols.; Sec. of State Ser., 1986- , 9 vols.; Pres. Ser., 1984- , 7 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 4:533; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:556. (7) Rufus King to Madison, 28 Apr., an extract stating that when King informed Lord Hawkesbury of the purpose of Monroe’s mission to France, Hawkesbury “received the communication in good part, suggested no doubt of our right to pursue separately and alone the objects we aim at, and appeared to be satisfied with the Presidents views on this important subject”; no. 13 in Adams’s notes; Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 35 vols.; Sec. of State Ser., 1986- , 9 vols.; Pres. Ser., 1984- , 7 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 4:557; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:557. (8) Pedro Cevallos to Charles Pinckney, 4 May (see Enclosure No. 7 listed at Madison to TJ, 20 Aug.); extract stating that the king of Spain declines to sell any of his possessions to the United States, adding however that as Spain has retroceded Louisiana to France, the United States “can address themselves to the French Government to negotiate the acquisition of Territories which may suit their interest”; no. 19 in Adams’s notes; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:557. (9) King to Livingston and Monroe, 7 May, informing them that in the event of war between Britain and France, the British intend to send an expedition to occupy Louisiana; no. 14 in Adams’s notes; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:557. (10) Livingston and Monroe to King, May 1803, notifying him of the conclusion of a treaty for the acquisition of Louisiana and that it does not infringe on rights of Great Britain in navigation of the Mississippi; no. 15 in Adams’s notes; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:557. (11) François Barbé de Marbois to Livingston and Monroe, 20 Floréal Year 11 (10 May 1803), an English translation incorrectly dated 9 Apr.; he reiterates that according to the terms of the convention regarding payment, the cession of Louisiana to the United States will become void if the stock is not turned over to the government of France or its agent within three months after ratification and the transfer of possession of the province; no. 9 in Adams’s notes; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:565. (12) Livingston and Monroe to Madison, 13 May, transmitting the treaty and explaining their negotiation of the terms (Dupl in a clerk’s hand, signed by Livingston and Monroe; endorsed by Wagner as received 2 Sep.); no. 6 in Adams’s notes; Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 35 vols.; Sec. of State Ser., 1986- , 9 vols.; Pres. Ser., 1984- , 7 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 4:601-6; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:558-60. (13) King to Hawkesbury, 15 May, informing him of the treaty between France and the United States for the cession of Louisiana; no. 16 in Adams’s notes; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:560. (14) Livingston and Monroe to Madison, 16 May, regarding the claims to be covered by the second convention and reporting that Bonaparte will ratify the agreements immediately; no. 7 in Adams’s notes; Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 35 vols.; Sec. of State Ser., 1986- , 9 vols.; Pres. Ser., 1984- , 7 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 5:4-5; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:560. (15) Hawkesbury to King, 19 May, replying to King’s letter of the 15th and informing him that King George III is pleased at the news of the cession of Louisiana to the United States (see Madison to TJ, 13 Aug.); no. 17 in Adams’s notes; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:560. (16) Madison to Livingston and Monroe, 28 May, probably an extract consisting of the first two paragraphs of the letter (ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends prints the full text); relaying information from King that in the event of war between Britain and France, the British will probably occupy New Orleans, but with no intention of keeping it permanently; no. 4 in Adams’s notes; Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 35 vols.; Sec. of State Ser., 1986- , 9 vols.; Pres. Ser., 1984- , 7 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 5:38-41; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:562. (17) Livingston and Monroe to Barbé de Marbois, 2 June, acknowledging the responsibility of the United States to comply with the terms of the Louisiana agreements; no. 10 in Adams’s notes; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:565. (18) Livingston and Monroe to Madison, 7 June, forwarding the French ratification of the treaty and conventions and warning that the French government might seek a way to get out of the bargain (see Livingston to TJ, 2 June, and notes); no. 8 in Adams’s notes; Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 35 vols.; Sec. of State Ser., 1986- , 9 vols.; Pres. Ser., 1984- , 7 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 5:66-72; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:563-5. (19) Madison to Livingston and Monroe, 29 July, acknowledging receipt of the treaty and conventions and conveying the president’s approval of the results of the negotiation; no. 5 in Adams’s notes; Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 35 vols.; Sec. of State Ser., 1986- , 9 vols.; Pres. Ser., 1984- , 7 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 5:238-40; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:566-7. (20) Monroe to Madison, 15 Aug., a brief extract identifying enclosure: Joseph Fenwick to Monroe, 5 Aug. from Paris, extract, reporting “from a faithful source” that the Spanish government is protesting the sale of Louisiana by France and will attempt to stop the transaction; warning also that “it is now well understood” that the French government will nullify the transaction if the U.S. Senate introduces “any conditional clause” to the ratification; nos. 11 and 12 in Adams’s notes; see Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 35 vols.; Sec. of State Ser., 1986- , 9 vols.; Pres. Ser., 1984- , 7 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 5:310, 312n; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:567. (21) Carlos Martínez de Irujo to Madison, 4 Sep., English translation; see Wagner to TJ, 4 Sep.; no. 20 in Adams’s notes; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:569. (22) Irujo to Madison, 27 Sep., English translation, protesting that under the terms of the retrocession of Louisiana, France cannot transfer the province to another nation, and declaring that France has failed to comply with the terms of the agreement for the retrocession; no. 21 in Adams’s notes; Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 35 vols.; Sec. of State Ser., 1986- , 9 vols.; Pres. Ser., 1984- , 7 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 5:464; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:569. (23) Madison to Irujo, 4 Oct., stating that the “United States have given unquestionable proofs to the Spanish Government and Nation of their justice, their friendship, and their desire to maintain the best neighbourhood; and the President confides too much in the reciprocity of these sentiments so repeatedly and so recently declared on the part of his Catholic Majesty to have supposed that he would see with dissatisfaction a convenient acquisition to the United States of territories which were no longer to remain with Spain”; Madison also cites and quotes (in Spanish, here with an English translation) Cevallos’s statement of 4 May, Enclosure No. 8 above; no. 22 in Adams’s notes; Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 35 vols.; Sec. of State Ser., 1986- , 9 vols.; Pres. Ser., 1984- , 7 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 5:488-9; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:569-70. (24) Madison to Livingston, 6 Oct., discussing among other subjects Spain’s opposition to the cession of Louisiana to the United States; with postscript of 14 Oct.; no. 18 in Adams’s notes; Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 35 vols.; Sec. of State Ser., 1986- , 9 vols.; Pres. Ser., 1984- , 7 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 5:491-6; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:567-9. (25) Irujo to Madison, 12 Oct., arguing that Cevallos’s letter to Pinckney of 4 May is not a declaration that the United States is free to acquire Louisiana from France; no. 23 in Adams’s notes; Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 35 vols.; Sec. of State Ser., 1986- , 9 vols.; Pres. Ser., 1984- , 7 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 5:513-15; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:570. (26) Madison to Pinckney, 12 Oct., suggesting arguments to counter Spain’s opposition; “What is it that Spain dreads?” he writes; “She dreads, it is presumed, the growing power of this country, and the direction of it against her possessions within its reach. Can she annihitate this power? No. Can she sensibly retard its growth? No”; it is possible, Madison concludes, that the Spanish are resisting only in order to obtain “concessions of some sort or the other” from France or the United States; no. 24 in Adams’s notes; Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 35 vols.; Sec. of State Ser., 1986- , 9 vols.; Pres. Ser., 1984- , 7 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 5:511-13; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:570-1. (27) Louis André Pichon to Madison, 14 Oct., English translation; the Treaty of San Ildefonso, Pichon states, contains no stipulation to prevent France from disposing of Louisiana; he argues also that France has complied with the terms of that treaty, as acknowledged by the Spanish crown when it ordered the transfer of Louisiana to French possession; no. 25 in Adams’s notes; Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 35 vols.; Sec. of State Ser., 1986- , 9 vols.; Pres. Ser., 1984- , 7 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 5:528-31; ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:571-2.

now laid before you: the Senate took up this message in executive session on 17 Oct. and ordered the printing of the message, the treaty, and the conventions for senators’ confidential use. The Senate devoted most of its time on the 18th and all of its time on the 19th and 20th to the topic. On the 20th, a motion by William H. Wells, who wanted to ask the president to turn over the American envoys’ journal of the negotiations and papers establishing France’s title to Louisiana, failed. The Senate approved ratification on that day by a vote of 24 to 7. Pierce Butler then offered a resolution to request the executive to renegotiate the third article of the treaty, which stated that the inhabitants of Louisiana would become U.S. citizens, so that the United States might sell Louisiana or trade it to Spain for East and West Florida. The Senate considered Butler’s motion on the 21st and 22d, but voted on the 24th to end the discussion (JEP description begins Journal of the Executive Proceedings of the Senate of the United States … to the Termination of the Nineteenth Congress, Washington, D.C., 1828, 3 vols. description ends , 1:449-51; JS description begins Journal of the Senate of the United States, Washington, D.C., 1820-21, 5 vols. description ends , 3:299-300; Everett Somerville Brown, ed., William Plumer’s Memorandum of Proceedings in the United States Senate, 1803-1807 [London, 1923], 3, 14).

with such communications: with this message in the Senate’s records is a large collection of documents that range in date from March 1801 to May 1804. They could not all have accompanied TJ’s message of 17 Oct. 1803, although the entire body of material is printed with the message in ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:506-83. A detailed set of notes made by John Quincy Adams in one of his diaries provides a definitive list of the papers included with the message. Adams, beginning his term as a senator from Massachusetts, did not arrive in Washington until late in the day on 20 Oct. On 5 Nov., a rainy Saturday when the Senate did not meet, he “employed the principal part of this day, in reading the Correspondence and papers sent by the President to the Senate with the Louisiana Treaty.” Adams identified 25 documents in addition to the treaty and conventions and called each one by a number that apparently reflected the arrangement of the set when he saw it. At the end of his notes he wrote: “Such is the analysis of the papers communicated by the President to the Senate with the Louisiana cession Treaty, and conventions. I have made it at such length, considering the transactions in itself and in its consequences, as the most important which as occurred since the adoption of our National Constitution.” Another list, hastily written at the foot of the RC of the message in an unidentified hand and printed in ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States, Washington, D.C., 1832-61, 38 vols. description ends , Foreign Relations, 2:506, is less complete and probably of later date (John Quincy Adams, diary 51 [3 Feb. to 14 Nov. 1803], 2, 6-12; diary 27 [1 Jan. 1803 to 4 Aug. 1809], 27, 51; both in MHi: Adams Family Papers).

Just before dusk on 20 Oct., Samuel A. Otis took a carriage from the Capitol to the President’s House to deliver the Senate’s resolution approving the treaty and conventions. Madison and Pichon exchanged ratifications the following day, but only after they resolved questions about the addition of conditional clauses. Talleyrand had directed Pichon to attach a clause to the French ratification declaring that a failure by the United States to fulfill the terms of payment would void the treaty. On 21 Oct., Madison informed Pichon that if France added conditions to the ratifications, so too would the United States, in the form of a statement that the treaty would have force only if France fulfilled its obligations “relative to the delivery of Louisiana to the United States.” Pichon could not refer the matter to his government for instructions without causing a long delay in the completion of the sale, so he yielded to Madison’s urging that they exchange ratifications immediately without the proposed conditions (Adams, diary 27, p. 27; Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 35 vols.; Sec. of State Ser., 1986- , 9 vols.; Pres. Ser., 1984- , 7 vols.; Ret. Ser., 2009- , 2 vols. description ends , Sec. of State Ser., 5:357n, 558, 561-2; Livingston to TJ, 2 June).

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