ord. to claib. & wilk.: in letters dated 31 Oct., Madison and Dearborn instructed William C. C. Claiborne and James Wilkinson, respectively, regarding the steps for taking possession of Louisiana. Both sets of instructions followed the same structure as these notes by TJ, first covering the procedures to be followed if the transfer was routine, then outlining measures in case Spanish officials refused to cede the territory. Madison and Dearborn also covered many of the details, and echoed some of the phrasing, found in the memorandum printed above. TJ perhaps made his notes in preparation for the cabinet’s discussion on 30 Oct. or as a record of what he and his advisers decided in that meeting (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., 5:589-92; Terr. Papers description begins Clarence E. Carter and John Porter Bloom, eds., The Territorial Papers of the United States, Washington, D.C., 1934-75, 28 vols. description ends , 9:96-8; TJ to Gallatin, 29 Oct.).

write to laussat & clarke: Madison sent Claiborne a copy of the ratified treaty for the transfer of Louisiana, a commission for Claiborne and Wilkinson as agents of the United States to receive possession, a commission enabling Claiborne to govern Louisiana temporarily, and copies of the just-enacted “Act to enable the President of the United States to take possession of the territories ceded by France to the United States.” “The intention of the President,” Madison wrote, “is that the moment these documents arrive, you take the most expeditious measures for learning, if not previously known to you,” whether Pierre Clément Laussat had, or expected to obtain, possession of Louisiana and could “transfer it peaceably to the United States.” The instructions to Claiborne anticipated that he and Wilkinson would communicate with Laussat and Daniel Clark at New Orleans. Madison enclosed a copy of a dispatch from Louis André Pichon to the prefect “which apprizes Mr. Laussat of the views of the American Government, and prepares him for a correspondence with you,” and Dearborn informed Wilkinson that Laussat “has received the most positive instructions on the subject.” In a letter to Laussat dated 31 Oct., Pichon, who had dined at the President’s House on the 29th, reviewed the positions of the governments of France, the United States, Spain, and Great Britain on the Louisiana issue and noted the renewal of armed conflict between Britain and France. Noting that the United States was prepared to enforce the transfer of Louisiana, Pichon wanted Laussat to warn Spanish officials that a delay in ceding the province might cost Spain the Floridas. Madison wrote to Clark on 31 Oct., urging him to form a good relationship with Laussat (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., 5:589-93; Terr. Papers description begins Clarence E. Carter and John Porter Bloom, eds., The Territorial Papers of the United States, Washington, D.C., 1934-75, 28 vols. description ends , 9:94-5, 97; Jon Kukla, ed., A Guide to the Papers of Pierre Clément Laussat [New Orleans, 1993], 86-7; Edouard Dentu, ed., Mémoires et correspondance du roi Jérôme et de la reine Catherine, 7 vols. [Paris, 1861-66], 1:238; TJ to the Senate and the House of Representatives, 21 Oct.).

if no force: if Claiborne and Wilkinson expected a peaceful transfer of power, they were to go to New Orleans as quickly as possible to establish Claiborne’s authority. Wilkinson was to take along six companies of regulars and 100 volunteers from the militia of Mississippi Territory. treat inhabitants … with courtesy: “You will be led by your own judgment and your correct principles and dispositions to a prudent moderation and a conciliating deportment,” Madison advised Claiborne. “Policy and justice towards the inhabitants equally require both.” To Wilkinson, Dearborn wrote: “I need not mention to you the propriety of treating all the Officers and Inhabitants of the Territory with the most polite and soothing attentions.” Madison enclosed a “form” of a proclamation for Claiborne’s use (see Draft of a Proclamation for the Temporary Government of Louisiana, at 31 Oct.). suffer the govr. &c. to remain in his house: because Governor Manuel de Salcedo “is understood to have given proofs of just dispositions and an amicable character,” he should be treated with respect and “allowed to remain in his House, and to retain any other personal accommodations of a like kind.” Using the language of TJ’s notes printed above, Madison indicated that Laussat would as a matter of course issue orders for the delivery of all the posts to the United States and that Wilkinson should use his troops to occupy Spanish military stations within reach—specifically the garrisons at New Orleans and downriver. The general was then to send orders up the river to let U.S. detachments know that they should replace Spanish soldiers at St. Louis, New Madrid, and elsewhere in upper Louisiana. money in treasury theirs: “money paid into the Spanish Treasury before the delivery of possession,” Madison informed Claiborne, “and whatever may be due thereto at that date, is to be considered as the property of Spain” (Terr. Papers description begins Clarence E. Carter and John Porter Bloom, eds., The Territorial Papers of the United States, Washington, D.C., 1934-75, 28 vols. description ends , 9:96; 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., 5:590).

dispatch procès verbal & informn: Madison instructed that upon the transfer of Louisiana to the United States, Claiborne and Wilkinson were to exchange with Laussat “certificates of the time and the transaction”—a “procès verbal,” or official record of proceedings. Madison advised Claiborne “that the earliest information will be expected by the President of every important stage of the business committed to you” (same, 590, 592; OED description begins J. A. Simpson and E. S. C. Weiner, eds., The Oxford English Dictionary, Oxford, 1989, 20 vols. description ends ).

if force: if the governor and the general had reason to think that Spanish officials would refuse to turn over the province, Madison wrote to Claiborne, “it is determined to give effect to our title which is clear and just, by employing force for the purpose. The act of Congress authorizes it, and the President will exert the authority.” Claiborne and Wilkinson would have to decide if rapid action using troops immediately at hand—300 to 400 regulars from Fort Adams and an estimated 600 to 900 militiamen from Mississippi Territory—would be likely to succeed in taking control of Louisiana before the Spanish government could send reinforcements. If Wilkinson and Claiborne did not think that a quick use of the available forces would be sufficient, as a final contingency the general could expect 6,000 men from the western states. Letting it be known that an armed body “sufficient to overwhelm all possible resistance” was gathering would “add the effect of terror to the force of arms,” Madison advised Claiborne, and might help bring about the collapse of any opposition by the Spanish. The successful outcome of a rapid strike without waiting for the additional troops would, Dearborn suggested to Wilkinson, “add much to your Military fame.” Dearborn did not give Wilkinson the authority to use the large force of western militia at his own discretion. Should “such formidable opposition be made on the part of the Spanish Government, as to render an Army of considerable force necessary,” Dearborn ordered, Wilkinson must “send the earliest notice with a minute detail of the business, to the Seat of Government, where the subject will be considered and the ultimate measures determined on” (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., 5:591-2; Terr. Papers description begins Clarence E. Carter and John Porter Bloom, eds., The Territorial Papers of the United States, Washington, D.C., 1934-75, 28 vols. description ends , 9:97-8).

to send instantly 500. mountd militia: on 31 Oct., Dearborn wrote to John Sevier at the president’s direction, requesting the organization of a regiment of 500 mounted Tennessee militiamen “with the least possible delay.” The regiment should be assembled within six days of the governor’s receipt of Dearborn’s letter and sent to Natchez. Dearborn advised Wilkinson that the men would be on the way, but if the general “can take possession without waiting for them, which I presume will be the case,” he was to proceed to New Orleans without them. Dearborn also conveyed to Sevier the president’s request that Tennessee raise a brigade of 1,500 men. Letters from Dearborn, also dated 31 Oct., asked Governor Edward Tiffin for 500 men from ohio and James Garrard for 4,000 from kentucky. In all cases the term of service would be up to four months, the men were to be organized into companies and regiments, they must be ready to march no later than 20 Dec. (rather than the 10th as in TJ’s notes above), and if the men were put into actual service, each would receive the same pay as a soldier in the regular army. The secretary of war also took steps to have boats ready to carry each state’s troops (Dearborn to Sevier, Tiffin, and Garrard, in DNA: RG 107, LSMA; Dearborn to James Morrison and Nathaniel Armstrong, both 31 Oct., in DNA, RG 107, MLS; Terr. Papers description begins Clarence E. Carter and John Porter Bloom, eds., The Territorial Papers of the United States, Washington, D.C., 1934-75, 28 vols. description ends , 9:97; Harold D. Moser and others, eds., The Papers of Andrew Jackson, 9 vols. [Knoxville, 1980- ], 1:392).

If Wilkinson had to seize Louisiana by force, Dearborn’s orders gave him the option of either taking control of the post at baton rouge on his way down the Mississippi or not, depending on whether “the conduct of the Commandant” was “hostile or otherwise” (Terr. Papers description begins Clarence E. Carter and John Porter Bloom, eds., The Territorial Papers of the United States, Washington, D.C., 1934-75, 28 vols. description ends , 9:98).

cooperating insurrectionary movemt: Madison and Dearborn advised Claiborne and Wilkinson that if the Spanish refused to turn over the province, many inhabitants of Louisiana could be expected to support the United States. This support—neither Madison nor Dearborn referred to it as an insurrection—would be of “considerable aid,” Dearborn anticipated, and Madison deemed it “a critical advantage.” Madison’s communication to Clark on 31 Oct. was to advise the consul that such a “co-operating movement” might be needed and to emphasize the important roles that Clark and Laussat would need to play in bringing it about (same, 97; 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., 5:591-3).

if successful: “And in the event of taking forcible possession of New Orleans,” Dearborn wrote to Wilkinson, “you will cause the Officers and Garrison to enter into such convention as may be practicable, permitting them to depart for the Havannah, taking care however to secure all the Arms and Military Stores Gallies &ca.” He added that “all private property should be held sacred.” dispatch us informn.: Dearborn instructed Wilkinson “to inform me by every mail of your movements” (Terr. Papers description begins Clarence E. Carter and John Porter Bloom, eds., The Territorial Papers of the United States, Washington, D.C., 1934-75, 28 vols. description ends , 9:98).

claiborne may draw for expences: observing that there was no provision yet with regard to “compensation for the new service in which you are to be employed,” Madison authorized Claiborne “to draw on the Department of War, at a rate not exceeding four hundred dollars a month” (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., 5:590-1).

ready to obey ord. of wilkinson: Dearborn wrote to officers at the army’s western posts to prepare them to occupy Spanish garrisons across the Mississippi once they heard from the general, but those orders, dated 7 Nov., were not part of the communications sent from Washington on 31 Oct. (Dearborn to Daniel Bissell, George Washington Carmichael, and Amos Stoddard, 7 Nov., in DNA: RG 107, LSMA).