One point alone was fixed,--the Floridas were not included in the sale; this was conceded on both sides. In his first conversation with Marbois, Livingston made a condition that France should aid him in procuring these territories from Spain.[42] “I asked him, in case of purchase, whether they would stipulate that France would never possess the Floridas, and that she would aid us to procure them, and relinquish all right that she might have to them. He told me that she would go thus far.” Several days later, Marbois repeated this assurance to Monroe, saying that the First Consul authorized him, besides offering Louisiana, “to engage his support of our claim to the Floridas with Spain.”[43] Yet when the American commissioners tried to insert this pledge into the treaty, they failed. Bonaparte would give nothing but a verbal promise to use his good offices with Spain. Besides the failure to dispose of these two points, which were in reality but one, the treaty contained a positive provision, Article III., taken from Bonaparte’s _projet_, with slight alteration, that “the inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States.” On republican principles of the Virginian school, only the States themselves could by a new grant of power authorize such an incorporation. Article III. violated Madison’s instructions, which forbade the promise.[44] “To incorporate the inhabitants of the hereby-ceded territory with the citizens of the United States,” said these instructions, “being a provision which cannot now be made, it is to be expected, from the character and policy of the United States, that such incorporation will take place without unnecessary delay.” The provision, which Madison said could not be made, was nevertheless made by Livingston and Monroe.