MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TO THE HOUSE OF REPRESENTATIVES. 1 DECEMBER 22, 1802. I Now transmit a report from the Secretary of State, with the information requested in your resolution of the 17th instant. In making this communication, I deem it proper to observe that I was led by the regard due to the rights and interests of the United States, and to the just sensibility of the portion of our fellow citizens more immediately affected by the irregular proceeding at New Orleans, to lose not a moment in causing every step to be taken which the occasion claimed from me; being equally aware of the obligation to maintain in all cases the rights of the nation, and to employ for that purpose those just and honourable means which belong to the character of the United States. TH: JEFFERSON.. Report of the Secretary of State, to the President of the United States. THE Secretary of State, to whom the resolution of the House of Representatives of the United States of the 17th instant was referred by the President, has the honour to enclose to him the letters and communications annexed, from the governour of the Mississippi Territory, the governour of Kentucky, and from William E. Hulings, formerly appointed vice consul of the United States at New Orleans. In addition to this information on the subject of the resolution, it is stated from other sources, that on the 29th of October, American vessels from sea remained under the prohibition to land their cargoes; and that the American produce carried down the Mississippi could be landed only on paying a duty of six per cent. with an intimation that this was a temporary permission. Whether in these violations of treaty the officer of Spain at New Orleans has proceeded with or without orders from his government, cannot as yet be decided by direct and positive. testimony; but it ought not to be omitted in the statement here made, that other circumstances concur with the good faith and friendship otherwise observed by his catholick majesty, in favouring a belief that no such orders have been given. JAMES MADISON. Department of State, December 21, 1802. New Orleans, October 18, 1802. SIR,-I have the honour to enclose you an extract from a decree this day published by the intendant of the province of Louisiana, by which you will see that the Americans are no longer permitted to deposit their merchandise in this city. No information of any other place being appropriated for an American deposit, is yet given; nor have we any reason to hope that the government has such place in view. The season for the cotton from the Natchez, and other produce from the settlements higher up, to come down approaches. The difficulties, and risks of property that will fall on the citizens of the United States, if deprived of their deposit, are incalculable; their boats being so frail, and so subject to be sunk by storms that they cannot be converted into floating stores, to wait the arrival of sea vessels to carry away their cargoes. The port is also this day shut against all foreign commerce, which can only be carried on by Spanish subjects in Spanish bottoms. I am, sir, with the greatest respect, WM. E. HULINGS. The Hon. James Madison, Esq. Secretary of State. Extract from a Publication made October 16th, 1802, by Juan Ventura Morales, Intendant of the Province of Louisiana, &c. N. B. The preceding part of the publication relates only to the ratification of peace, and the shutting of the port against foreign trade. 1 TRANSLATION. As long as it was necessary to tolerate the commerce of neutrals which is now abolished, it would have been prejudicial to the province, had the intendant, in compliance. with his duty, prevented the deposit in this city of the property of the Americans, granted to them by the 22d article of the treaty of friendship, limits, and navigation, of the 27th October, 1795, during the limited term of three years. With the publication of the ratification of the treaty of Amiens, and the re-establishment of the communication between the English and Spanish subjects, that inconvenience has ceased. Considering that the 22d article of the said treaty takes from me the power of continuing the toleration, which necessity required; since after the fulfilment of the said term this ministry can no longer consent to it without an express order of the king: Therefore, and without prejudice to the exportation of what has been admitted in proper time, I order, that from this date the privilege, which the Americans had of importing and depositing their merchandise and effects in this capital, shall be interdicted: And that the foregoing may be publickly known, and that nobody may allege ignorance, order it to be published in the usual places, copies to be posted up in the publick sitioes; and that the necessary notice be given of it to the officers of finance, the administrator of rents, and otherwise as may be necessary. 1 . The present being given under my hand, and countersigned by the underwritten notary of finance, pro tempore, in the office of intendancy of New Orleans, October 16, 1802. JUAN VENTURA MORALES. By order of the Intendant, PEDRO PEDESCLAUX. Faithfully translated from the Spanish Language, JACOB WAGNER, 1 Near Natchez, Oct. 29, 1802. SIR,-I have the honour to enclose you a letter, which I last evening received from Mr. Wm. E. Hulings, together with a translation of an extract from a publication made by Juan Ventura Morales, intendant of the province of Louisiana, &c. dated October 16th, 1802. These despatches announce that the port of New Orleans is shut against foreign commerce, and also the American deposit. Not understanding from the intendant's proclamation, whether or not another place on the banks of the Mississippi had been assigned by his catholick majesty, (in conformity to our treaty with Spain,) for an equivalent establishment," I have by letter (a copy of which is enclosed) requested information upon this point from the governour general of the province of Louisiana; when his answer is received, it shall be forwarded to you. This late act of the Spanish government at Orleans has excited considerable agitation at Natchez and its vicinity. It has inflicted a severe wound on the agricultural and commercial interests of this territory, and will prove no less injurious to all the western country. There being at present an interruption in the post between this territory and Tennessee, and supposing it of importance that the government should be early apprized of the late event at Orleans, I have forwarded this letter by express to Nashville, where it will be deposited in the mail. I am, sir, with sentiments of esteem and respect, your humble servant, WILLIAM C. C. CLAIBORNE. The Hon. the Sec'y of State for the U. States. New Orleans, October 18, 1802. SIR, I have to announce to you that this day the port is shut against foreign commerce, and not against foreign commerce only, but against the American deposit. in this city. In the decree posted up in the publick places, no mention is made of any other place appointed for a deposit. You will use this information as you may think proper. I am, with great respect, your most obedient humble servant, WILLIAM E. HULINGS. Wm. C. C. Claiborne, Gov. Mississippi Territory. Natchez, Oct. 28, 1802. SIR, I was this day informed, that in a proclamation issued on the 16th instant by the intendant of the province of Louisiana, it was announced, "That the citizens of the United States should no longer be permitted to deposit their merchandises and effects in the port of New Orleans." Information of an event so immediately interesting to the citizens of the United States, led me to peruse attentively "The treaty of friendship, limits, and navigation, between the United States of America and the king of Spain," and upon adverting to the 22d article, I found it expressly declared, that "his catholick majesty will permit the citizens of the United States, for the space of three years from this time, to deposit their merchandises 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 finds during that time, that it is not prejudicial to the interest of Spain, or if he should not agree to continue it then, he will assign to them, on another part of the banks of the Mississippi, an equivalent establishment." I have here quoted the words of the treaty, and find them too explicit to require comment, or to admit of a doubtful construction. If, therefore, his catholick majesty has discontinued his permission to the citizens of the United States to deposit their merchandises and effects at the port of New Orleans, will your excellency be good enough to inform me whether any, and what other place on the banks of the Mississippi has been assigned (in conformity to the treaty) for "an equivalent establishment." The subject of this inquiry is so interesting to the commerce of the United States, and |