In his anxiety the President also instructed Madison, his Secretary of State, to write Pinckney, the American minister at Madrid, to guarantee to Spain, if it had not already parted with its title, peaceable possession of Louisiana beyond the Mississippi, on condition of its ceding to the United States the territory, including New Orleans, on the east side. As the year wore on, however, and Leclerc's death followed his report of his losses, Jefferson became much easier, advising Livingston that French possession of Louisiana would not be "important enough to risk a breach of the peace." But before the ink had time to dry, almost simultaneously with the death of Leclerc, came the news, through Governor Claiborne of the Territory of Mississippi, that the Spanish Intendent had forbidden Americans the right to deposit their merchandise at New Orleans. This was a stunning blow to the President. The treaty of 1795 stipulated that the King of Spain would "permit the citizens of the United States, for the space of three years from this time, to deposit their merchandise and effects in the Port of New Orleans, and to export them from thence, without paying any other duty than a fair price for the hire of the stores, and his majesty promises either to continue this permission if he find during that time it is not prejudicial to the interests of Spain, or, if he should not agree to continue it thus, he will assign to them on another part of the banks of the Mississippi an equivalent establishment." That the three years' limitation had expired during President Adams' administration without the right being extended or its equivalent established, did not help Jefferson out of his difficulty, since the Kentucky and Tennessee settlers were already cleaning their flintlocks on the theory that it was easier to drive out a few Spaniards than to dislodge a French army after it had fortified. This was good reasoning if Louisiana was to be taken by force. But Jefferson, even when writing threatening letters, had no thought of war. "Peace is our passion," he wrote Sir John Sinclair, and in the presence of threatening hostilities he did nothing to prepare for war. His message to Congress, which opened a few days after the reception of Claiborne's dispatch, made no mention of the New Orleans trouble. He talked about everything else, but of what everybody else was talking about the President said nothing. The western settlers, vitally interested in a depot of deposit at New Orleans, resented such apparent apathy, and by resolutions and legislative action encouraged the federalists to talk so loudly for war that the President, alarmed at the condition of the public mind, sent James Monroe's name to the Senate as minister extraordinary to France and Spain. On January 13, 1803, the day of Monroe's confirmation, Jefferson hastened to write him, explaining what he had done and why he had acted. "The agitation of the public mind on occasion of the late suspension of our right of deposit at New Orleans," said he, "is extreme. In the western country it is natural and grounded on honest motives; in the seaports it proceeds from a desire for war, which increases the mercantile lottery; among federalists generally, and especially those of Congress, the object is to force us into war if possible, in order to derange our finances; or, if this cannot be done, to attach the western country to them as to their best friends, and thus get again into power. Remonstrances, memorials, etc., are now circulating through the whole of the western country, and signed by the body of the people. The measures we have been pursuing, being invisible, do not satisfy their minds. Something sensible, therefore, is necessary."
This "sensible something" was Monroe's appointment, which "has already silenced the federalists," continued the President. "Congress will no longer be agitated by them; and the country will become calm as fast as the information extends over it."
The better to support Monroe, Madison explained to Pichon, the French minister in Washington, the necessity for the undivided possession of New Orleans, claiming that it had no sort of interest for France, while the United States had no interest in extending its population to the right bank, since such emigration would tend to weaken the state and to slacken the concentration of its forces. "In spite of affinities in manners and languages," said the Secretary of State, "no colony beyond the river could exist under the same government, but would infallibly give birth to a separate state, having in its bosom germs of collision with the east, the easier to develop in proportion to the very affinities between the two empires."
This explained the true attitude of Jefferson and Madison. They did not seek territory west of the Mississippi. Their thought centered in the purchase of New Orleans; it was the "one spot on the globe, the possessor of which is our natural and habitual enemy;" France's possession of it "must marry us to the British fleet and nation;" upon it "every eye in the United States is now fixed;" to gain it Pinckney was charged "to guarantee to Spain the peaceable possession of the territory beyond the Mississippi;" in Madison's opinion "the boundary line between the United States and Louisiana should be the Mississippi;" according to his theory "no colony beyond the Mississippi could exist under the same government with that on the east side;" nor did the United States have any interest in building up a colony beyond the Mississippi. In other words, Jefferson saw only New Orleans; he wanted only New Orleans and peace; and to get the one and keep the other, Monroe was sent to Paris to secure "our rights and interests in the river Mississippi and in the territories eastward thereof."
In the meantime Livingston had taken a different view. It is not clear that he appreciated the future value of the great northwest more than did Jefferson or Madison, but in his argument for the purchase of New Orleans he had included in his request nine-tenths of the territory now known as the Louisiana Purchase. Singularly enough Livingston's letter happened to be addressed to Talleyrand, Napoleon's Minister of Foreign Affairs, on the very day Monroe's name went to the United States Senate for confirmation, and although the latter's instructions limited negotiations to the east bank of the Mississippi, Livingston's argument included the west bank. "Presuming," he writes Talleyrand, "that the Floridas are in the hands of France, I shall predicate what I have to offer upon that presumption. France can have but three objects in the possession of Louisiana and Florida: The first is the command of the Gulf; second, the supply of her islands; third, an outlet for the people, if her European population should be too great for her territory."
"Having treated this subject more at large in a paper which you have had the goodness to read," Livingston continued, "I will not dwell upon it here; but propose what it appears to be the true, policy of France to adopt, as affecting all her objects, and at the same time conciliating the affections of the United States, giving a permanency to her establishments, which she can in no other way hope for. First, let France cede to the United States so much of Louisiana as lays above the mouth of the river Arkansas. By this a barrier will be placed between the colony of France and Canada, from which she may, otherwise, be attacked with the greatest facility, and driven out before she can derive any aid from Europe. Let her possess Florida as far as the river Perdito, with all the ports on the gulf, and cede West Florida, New Orleans, and the territory on the west bank of the Mississippi to the United States. This cession will only be valuable to the latter from its giving them the mouths of the river Mobile and other small rivers which penetrate their territory, and in calming their apprehensions relative to the Mississippi. It may be supposed that New Orleans is a place of some moment; it will be so to the United States, but not to France. The right of depot which the United States claims and will never relinquish, must be the source of continued disputes and animosities between the two nations, and ultimately lead the United States to aid any foreign power in the expulsion of France from that colony. Independent of this, as the present commercial capital of New Orleans is mostly American, it will be instantly removed to Natchez, to which the United States can give such advantages as to render New Orleans of little importance. Upon any other plan. Sir, it needs but little foresight to predict that the whole of this establishment must pass into the hands of Great Britain, which has, at the same time, the command of the sea, and a martial colony containing every means of attack. While the fleets block up the seaports, she can, without the smallest difficulty, attack New Orleans from Canada with 15,000 or 20,000 men and a host of savages. France, by grasping at a desert and an insignificant town, and thereby throwing the weight of the United States into the scale of Britain, will render her mistress of the new world. By the possession of Louisiana and Trinidad the colonies of Spain will lie at her mercy. By expelling France from Florida and possessing the ports on the Gulf, she will command the Islands. The East and West Indies will pour their commodities into her ports; and the precious metals of Mexico, combined with the treasures of Hindostan, enable her to purchase nations whose aid she may require in confirming her power. Though it would comport with the true policy and magnanimity of France gratuitously to offer these terms to the United States, yet they are not unwilling to purchase them at a price suited to their value and to their own circumstances, in the hope that France will at the same time satisfy their distressed citizens the debts which they have a right by so many titles to demand."
These arguments do not read like the letters of Jefferson or the instructions of Madison. There is no suggestion that the United States is without interest in the right bank of the Mississippi for fear of a divided government, or because germs of collision will develop in spite of affinities in manners and language. New Orleans is minimized, the great west is magnified. A glance at the map shows that he offered to purchase half an empire, leaving to France only a small corner in the southwest bordering on Texas. His argument fixed its limitation. "First, let France cede to the United States so much of Louisiana as lay above the mouth of the river Arkansas, West Florida, New Orleans, and the territory on the west bank of the Mississippi." Talleyrand thought the rest would be of little value. "I will give you a certificate," he said, in the course of the discussion, "that you are the most importunate negotiator I have yet met with." For this and his aid to Robert Fulton, Edward Everett Hale called Livingston "the wisest American of his time."
Napoleon received Livingston's argument three days after he heard of Leclerc's death. To a soldier who had entered Italy over the Alps, the suggestion of an attack from Canada would strongly appeal; with Nelson on the ocean, he could understand the helplessness of a French army in New Orleans; and after the failure of Leclerc in St. Domingo, the presence of yellow fever and other obstacles to success in Louisiana would not seem improbable. Such a discussion at such a time, therefore, was certain to have the most profound influence, and from January 10 to April 10, 1803, Livingston kept his reasons constantly before the First Consul and his ministers as the only policy to conserve the true interest of France, to impair the strength of England, and to win the affection of the United States.
"I have never yet had any specific instructions from you how to act or what to offer," he wrote Madison on February 18, 1803, eighteen days before Monroe left the United States; "but I have put into Napoleon's hands some notes containing plain truths mixed with that species of personal attention which I know to be most pleasing. The only basis on which I think it possible to do anything here is to connect our claims with offers to purchase the Floridas. Upon this subject my notes turn. I have first endeavored to show how little advantage France is likely to make from these colonies; the temptation they offer to Britain to attack them by sea and from Canada; the effect a conquest of them by Britain would have on the islands; and the monopoly which that conquest would give to a rival power to the trade of the West as well as of the East Indies. I have dwelt upon the importance of a friendly intercourse between them and us, both as it respects their commerce and the security of their islands; and I have proposed to them the relinquishment of New Orleans and West Florida as far as the River Perdito, together with all the territory lying to the north of the Arkansas, under an idea that it was necessary to interpose us between them and Canada, as the only means of preventing an attack from that quarter. For this I proposed an indefinite sum, not wishing to mention any till I should receive your instructions. These propositions with certain accompaniments were well received, and were some days under the First Consul's consideration. I am now lying on my oars in hopes of something explicit from you. I consider the object of immense importance; and this perhaps the favorable moment to press it."
While Livingston's letter was being read in Washington, conveying to Jefferson the first suggestion of a purchase other than that of New Orleans, the First Consul was making up his mind to accede to Livingston's request. When the decision did come, it came with Napoleonic suddenness. For three months he had considered it; but not until Sunday, April 10, did he make known his intention; then, in a moment, without warning, he let his desire be known to Talleyrand and Marbois. "I can scarcely say that I cede it," said Napoleon, "for it is not yet in our possession. If, however, I leave the least time to our enemies, I shall only transmit an empty title." Marbois agreed, Talleyrand dissented, and the trio parted; but at daybreak, on Monday, Napoleon sent for Marbois, declaring that "irresolution and deliberation are no longer in season; I renounce Louisiana. It is not only New Orleans that I cede; it is the whole colony, without reserve. I know the price of what I abandon. I renounce it with the greatest regret; to attempt obstinately to retain it would be folly. I direct you to regulate the affairs. Have an interview this very day with Mr. Livingston."