Proceedings of the New York Historical Association [1906]New York State Historical Association. Meeting
History
Proceedings of the New York Historical Association [1906]
New York State Historical Association. Meeting
New York (State) -- History -- Periodicals; New York State Historical Association -- Periodicals
experience, he did not hesitate to adopt the practical and let theory
wait. This is the secret of his action in 1803. To cling to an abstract
principle would lose an appreciable blessing to his country, and so he
let go the abstract principle. This is the inconsistency of a great
statesman, the contradictoriness of genius.
But commendable as was the part of Thomas Jefferson in that great
transaction, it must not conceal the truth of history. He was not even
the promoter, much less the author of the Purchase. His mind was intent
upon a present need, a single spot, instant relief, made necessary by
the fierce demand of a frontier people claiming a depot of deposit. It
was Robert R. Livingston who had the vision.
The distinguished Chancellor, however, did not prove as careful and
painstaking a lawyer as he was bold and successful as a diplomatist, for
in drawing the claims convention, he neglected to include all claims,
estimated their total much too low, omitted a rule of apportionment,
and, most grievous of all, left the final decision as to what claims
should be selected for payment to the French government. This was the
rock that wrecked him. The legitimate claims of American citizens
amounted to many millions, but Livingston fixed the limit at three and
three-quarters millions, and compelled claimants to secure settlement
through the corrupt Talleyrand and his rascally agents, who took
one-half for their services. Livingston thought he had drafted the
convention "with particular attention," and Monroe, who thought
differently, tried his hand with no better success; then Marbois turned
it to the advantage of the Frenchmen. The Americans needed a careful
lawyer.
The scandal growing out of this convention deepened and cankered until
Livingston quarreled with the American Claims Commissioners, excited
remonstrances from the British government, and nagged the United States
consul at Paris into charging him not only with blind and insatiable
vanity, with hints of corrupt and criminal motives, but with "imbecility
of mind."
"I considered the claims convention as a trifle compared with the other
great object," he explained to Madison, "and as it had already delayed
us many days, I was ready to take it under any form." He was clearly
right in the comparative importance of the treaty and the convention,
but after Marbois had reserved to the French government the right of
final decision in each case, Livingston was inexcusable in omitting a
rule of apportionment, since it excluded all claimants except the
favored few whom the corrupt Frenchman selected because of their
willingness to divide.
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