a third party, which she had no right to sell, that party having even remonstrated against the whole transaction, the right of the United States was limited to a demand on France to procure and convey the territory, or to remit pro tanto the price, or to dissolve the bargain altogether."
For eighteen months every French and Spanish agent in Washington, Paris, and Madrid had assured Madison, in language varying between remonstrance and insult, that Spain had not ceded West Florida to France; the records of the State Department proved that France had asked for West Florida and had been refused; Jefferson had not ventured to record a claim to West Florida when he received possession of Louisiana, and had been obliged to explain, in language which Gallatin and Randolph thought un satisfactory, the words of the Mobile Act. In spite of this, Madison committed himself and government to the claim that West Florida was a part of Louisiana; he pressed that claim, not against France, but against Spain; he brought Monroe to a rupture with the Spanish government on that issue,—yet with these recollections fresh in his mind, he suddenly told Jefferson that if France could prove a matter of common notoriety, the world would decide that the United States had acted without regard to law or equity, while in any case the claim to West Florida as against Spain was a mistake.
That Madison should have followed a train of reasoning so singular, was less surprising than that he
