This discussion naturally turned on the question of West Florida; and unfortunately for Madison, Turreau’s instructions on that point were emphatic in support of Spain. Turreau was obliged to enter the lists in defence of Yrujo’s position.
“I mixed in the discussion only in order to represent to Mr. Madison, who is unwilling to stop at the treaty of 1762, that in general the last conventions were those which ought to guide in negotiations; otherwise, if each party invoked the antecedent ones in favor of his system, we should be forced to go back to the Deluge to find the primitive title. ‘But, General!’ replied Mr. Madison, ‘we have a map which probably carries to the Perdido the eastern limit of Louisiana!’—‘I should be curious to see it, sir; the more, because I have one which includes Tennessee and Kentucky in Louisiana. You will agree that maps are not titles.’ The Secretary of State closed this session, which lasted two long hours, by saying that if Spain had always conducted herself toward the United States as well as France had done, the difficulties would not have taken place. I did not think myself called upon to appear very grateful for this kind of cajolery.”
Turreau did not want keenness of insight; and this early experience gave him no high respect either for Madison or for the American system of government. His despatch explained that the dispute was in great part due to the fact that the Louisiana purchase had been made a battle-ground in the Presidential election just ended; that the opposition, by depreciating its importance, had driven the party in power to exaggerate its value; and that the Administration, to assure itself of victory, had committed itself to the policy of obtaining Florida by one means or another, till it could no longer recede. Yrujo’s indiscretions had helped to make it impossible for Jefferson to withdraw with dignity from his position.
“For the rest,” continued Turreau, “I have made every effort to reconcile M. d’Yrujo with the Secretary of State, and if I have not succeeded, it is the fault of the latter. He is dry (sec), spiteful (haineux), passionate; and his private resentments, still more than political difference, will long keep him apart from M. d’Yrujo. Nevertheless, as I am on very good terms with Mr. Madison, whom I was about to ask to dine with me, I sent my first aide-de-camp to ask him whether he would be pleased to meet the Spanish minister at dinner; and in consequence of his very civil and even obliging answer, I had them together at my table, where I again attempted a reconciliation. M. d’Yrujo would have agreed to it; but the Secretary of State cannot forgive.”
Finally, Turreau called Talleyrand’s attention to the question whether it was for the interest of France and Spain that Yrujo should be kept at Washington:—
“Doubtless the Government here wishes for his recall, and regards this step as the duty of the Court at Madrid, the more because Mr. Pinckney has been recalled; but ought the Spanish minister to be changed because the American government wishes it? This point deserves attention. These people here have been well spoiled; it is time to send them back to their proper place.”
The quarrel with Yrujo was the more unfortunate because it happened at a moment when Charles Pinckney, the American minister at Madrid, showed extreme want of discretion. The President had not intended to leave Pinckney unassisted. After the conclusion of the Louisiana treaty, in May, 1803, Madison supposed that Monroe, in obedience to his instructions, would go at once to Madrid and take the negotiation from Pinckney’s hands.[179] For reasons that will hereafter appear, Monroe decided against this step, and went to London instead. On learning the change of plan, Madison warned Pinckney[180] to make no propositions to the Spanish government, which was not yet in a humor to receive them with favor. Pinckney, restive under restraint, managed to keep up an appearance of diplomatic activity that greatly vexed the Secretary of State. Madison complained[181] to the President that his minister at Madrid teased the Spanish government on the subject of Florida, which he had been ordered not to touch without the presence or the advice of Monroe; forbidden to make but permitted to accept offers, he was continually offering to accept; while Livingston at Paris, equally restive under the imposed authority of Monroe, could not resist the temptation to stimulate Pinckney and offer advice both to France and Spain. Madison’s complaints were well founded; but when he wrote in this sense to Jefferson, he had not begun to appreciate the full measure of diplomatic activity which his minister at Madrid was capable of displaying.
Yrujo always managed to embarrass the American government without seriously committing his own; but Pinckney showed no such forbearance, and by the close of the year 1804 drew Madison into a mortifying position. He began his activity in July, 1803, immediately after hearing that Monroe had given up the proposed visit to Madrid, and had gone to London. Without waiting to learn how this change of plan and the purchase of Louisiana might affect the President’s views toward Spain, Pinckney, to use his own words,[182] “pushed the new propositions respecting our claims in that positive and decided manner which the circumstances of Europe and the particular situation of Spain seemed to me to warrant.” Cevallos contented himself with parrying this attack by giving to Pinckney the written opinion obtained by Yrujo from the five American lawyers in support of his argument that the United States, by their treaty with France of Sept. 30, 1800, had renounced their right to demand indemnity for losses sustained from French cruisers.[183]
Both parties next appealed to the French ambassador at Madrid. The Prince of Peace, though irritated by the sale of Louisiana, quickly saw that his only chance of retaining Florida was to conciliate Bonaparte; and Pinckney, who knew that the French ambassador at Madrid had been instructed to support Monroe in negotiating for Florida, counted on the same aid in order to maintain a threatening attitude. The result was soon seen. Pinckney, disturbed by the news of Yrujo’s protest against the sale of Louisiana, turned to the French ambassador for advice.[184] Beurnonville accordingly wrote to Talleyrand for instructions; but Talleyrand had already sent to the Spanish embassy at Paris a note of sharp remonstrance against the protest.[185] Beurnonville, learning this, asked the Prince of Peace for explanations; and Godoy hastened to assure him that Bonaparte might be at ease on this score, for orders had been sent to New Orleans to surrender the province without opposition, and already Yrujo had been instructed to change his tone at Washington.[186] Soon afterward Cevallos formally notified Pinckney that the King renounced his opposition to the cession of Louisiana.[187] In due time Yrujo sent to the State Department a formal note to the same effect.[188]
At the cost of recognizing the Louisiana cession, Godoy pacified Bonaparte, who stood in need of Spanish support. From that moment Pinckney begged in vain for help from the French ambassador at Madrid, although the need of aid increased from day to day. Just as his first and least important point, the withdrawal of Yrujo’s protest, was gained at Madrid, the Government at Washington created new difficulties about his path. At the moment when Beurnonville, Talleyrand, and Pinckney wrung from King Charles his adhesion to the Louisiana treaty, the Senate at Washington, Jan. 9, 1804, ratified the Spanish claims convention, which had been negotiated by Pinckney nearly eighteen months before, and had been held an entire year under consideration by the Senate. The last article of this convention provided, as usual with such instruments, that it should have no effect until ratified by both parties, and that the ratifications should be exchanged as soon as possible. So far from performing its part of the contract, the Senate had at one moment refused to ratify at all, and after reconsidering this refusal, had delayed ratification an entire year, until the relations of the two parties had been wholly changed. The idea that the King of Spain was bound to ratify in his turn, implied excessive confidence in his good-nature; but Madison, in sending the ratified treaty to Pinckney, suggested no suspicion that Charles IV. might have changed his mind, and gave not a hint to Pinckney of the course to be followed in such a contingency. The Mobile Act had not yet become law, and Yrujo was waiting for its signature by the President before waking Madison from his dreams of doing what he pleased with Spanish property.