Title: To James Madison from George W. Erving, 19 October 1801
From: Erving, George W.
To: Madison, James

No 2.
Sir
American Consulate London No 10 Nicholas Lane Lombard Street Oct: 19t. 1801.
By Mr Dawson who left us a few days since I had the honor of writing to you (No 1 Sepr 29t) since when (on the 8t Inst) I have received my Exequatur from the government here, & from my predecessor the remaining papers belonging to the Agency. The high Court of appeals will commence their sittings in Novr. and you may depend upon my paying the strictest & most unremitted attention to the prosecution of the business before them; upon this part of my commission I propose soon to have the honor of writing to you at large; at present Sir I woud with your permission call the attention of government to a very interesting subject, the situation of our seamen here: It is scarcely credible what a variety of applications I have received for releif even during the short time which I have been in Office, & the multiplied cases of hardship & distress which Every day present themselves: Mr Lenox in the prosecution of his agency appears to have succeeded to a considerable Extent in procuring the discharge of those who have been impressed, but most or all of these when they arrive from the port of their discharge find themselves here perfectly destitute; to obtain births or employment for them on board our own vessels was extremely difficult when wages were high, & tho’ wages have now fallen in consequence of the peace, yet this difficulty from several Causes has encreased: whilst wages were high if a seaman woud ship himself for the United States at something lower than the ordinary rate, he stood some chance of obtain⟨ing⟩ employ; or otherwise he probably went into the English merchant service; now from the number of private as well as public ships of war that are dismantled, & the preference which the English masters of merchantmen give to these their own sailors over American Seamen; as well as the numbers which are discharged from American Ships because they do not now think it necessary to be so fully manned, or because (what also sometim⟨es⟩ happens) the Captain has Engaged them at high wages & finds means to break his Articles with them; from these & other causes few of them can now be sent back to the United States, or have even the resort of the English merchant-service for Employ as formerly. It is to be presumed that the number of seamen thus left destitute will be ve[r]y much encreased by the final discharge of all our men now on board English men of war, & besides these are such as come cured out of hospitals tho yet in a ⟨wea⟩k & almost helpless state; the whole are claimants for succour of various sorts for Employment ⟨c⟩lothes & subsistance: Mr Lenox has been authorized by his Commission hitherto to assist them as their several cases might require; the disbursements have been made by the consul, & repaid by him, this practice we still continue; As Mr Lenox’s functions will now of course soon terminate I shall be at a loss how to proceed without receiving directions from government. The provision made in the Act of 12 Cents per diem for the support of those who are sick &c is certainly not sufficient, ⟨it⟩ is perfectly inadequate to the subsistence of a man in this place; & besides this those who come from the ships of war as well as those from the hospitals ⟨ar⟩e almost always in want of clothes: I have no instructions or authority of any kind which will Enable me to do what really appears ⟨n⟩ecessary for these poor men after Mr Lenox shall have gone & when indeed their numbers & their wants will be much Encreased. If the President shoud see fit upon this representation to allow a certain sum annually to be spent for this almost necessary purpose of the support of Seamen, he may depend upon my using the utmost discretion & œconomy in making the disbursements, & adapting them to the several cases of distress of the applicants; & the greatest circumspection in not being imposed upon by pretended Americans: What sum may be necessary for this purpose I am at present unable to Estimate, but shoud conjecture that four or five thousand dollars or even less woud be sufficient. The regulation of the Act which Enables the Consul to send two men for every hundred ton on board Each ship at his discretion, is of itself extremely good; but as it appears to me extends only to the sick or shipwrecked; & even then if the Captain is obstinate (a case not uncommon) tho he may be fined in the United States, yet this can afford no releif to the poor sailor here; if it was practicable to procure a regulation at the custom house here that no vessel shoud clear out without the permission of the consul, tho such regulation might subject the consul to many cases of Embarrassment & difficulty, yet it woud serve as a most ⟨e⟩ffectual means of restoring our Seamen to their Country ⟨&⟩ of releiving government from the Expence of ⟨s⟩upporting them. I have the honor to be with great respect Sir Your very obt & faithl Servt.
George W Erving
I take the liberty of forwarding under this Enclosure a letter to Mr Gallatin, as the Subject of it is more peculiarly within his department I have supposed that you woud consider it proper for me to address myself to him.

   RC (DNA: RG 59, CD, London, vol. 8). Docketed by Wagner.

   The reference is to the 1792 “Act concerning Consuls and Vice-Consuls” (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:254–57). In 1803 Congress passed an act requiring captains to provide for discharged seamen (see William Lee to JM, 20 Jan. 1802, n. 1).

   Erving’s letter to Gallatin has not been found, but it probably discussed consular income (see Erving to JM, 20 Oct. 1801 [second letter]).


Title: To James Madison from Thomas Bulkeley, 19 October 1801 (Abstract)
From: Bulkeley, Thomas
To: Madison, James

19 October 1801, Lisbon. Reports that a British frigate arrived the previous day with “the pleasing intelligence of the Peace between England & France being signed” on 1 Oct.

   RC (DNA: RG 59, CD, Lisbon, vol. 1). 1 p.; docketed by Wagner.

   A full transcription of this document has been added to the digital edition.


Title: To James Madison from William Eaton, 19 October 1801 (Abstract)
From: Eaton, William
To: Madison, James

19 October 1801, Tunis. Announces that Tunis has broken its truce with Portugal and on 16 Oct. sent six corsairs and sixteen hundred men there, a measure further proving that “these regencies are in dispair of some game.” Maintains that the U.S. will have to defend itself against Algiers, Tunis, and Tripoli unless it leaves Tripoli “an awful monument of the danger of provoking our vengeance.… Gold and silver [are] only a sort of palliative” against this “piracy fever.” Transmits for delivery an unsealed letter to Samuel Lyman expressing these fears. Recommends maintaining present naval forces in place; their experience will bring a quick end to the war, which is essential. Encloses a copy of a letter from the Swedish consulate. Also sends an extract of a letter he wrote to O’Brien that shows their differences over war strategy. Claims O’Brien is motivated by ignorance or self-interest and suspects that his arguments are governed by the fear that military operations would obstruct “his commerce with the Jew house.” Further declares that O’Brien should be replaced by “an American.” O’Brien’s belief that the Algerine Jews control Tunis is “erroneous and absurd”; the regencies are as independent as European states.

   RC and enclosures (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC 3 pp. Enclosures (docketed by Wagner as received in Eaton’s 19 Oct. dispatch) include copies of a letter from N. Frumerie, the Swedish chargé at Tunis, to Eaton, 14 Oct. 1801 (1 p.), communicating the Swedish intention to act in concert with the U.S. against Tripoli (printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:599), and an extract of Eaton to O’Brien, 15 Sept. 1801 (2 pp.), urging blockade and bombardment of Tripoli. Also filed with the RC are receipts for ship’s cable provided to the Grand Turk (2 pp.) and a copy of Eaton’s letter to former congressman Samuel Lyman, 12 Oct. 1801 (7 pp.; docketed by a clerk, “October 19th 1801. Duplicate of a letter from Wm Eaton to Samuel Lyman, enclosed in his duplicate of the same date. The Original recd. about the 15th Apl 1802—and sent to Mr Lyman”).

   A full transcription of this document has been added to the digital edition.


Title: To James Madison from David Humphreys, 20 October 1801
From: Humphreys, David
To: Madison, James

No. 291.
Sir,Madrid October 20th. 1801.
With my last Dispatch of the 13th. instant, I forwarded Copies of the Preliminaries of Peace, as signed at London on the 1st. day of this Month, between the Ministers of England and France.
In a Postscript to the Duplicate of the same, dated the 16th. instant, I informed you, I had received a letter that day from Consul OBrien at Algiers, in which he mentioned that a Revolt had existed for a few hours while the Dey was at the Mosque, but that it was soon quelled and tranquility restored. I am since in receipt of a second Copy of that letter, which is continued to the 28th. ultimo: wherein he advises me, that the Dey had received letters from Tripoli, with the information of the blockade of that Port by the American Armament; stating that one Tripoline Corsair had been taken and released; that some Vessels had been permitted to enter the Port and others refused; that the Bashaw had been in want of grain, and that he had offered to make a Truce with the American Commodore but the latter had rejected the offer. The Bashaw therefore solicits his (the Dey’s) succour to relieve him from his embarrassments and to clear from their detention his two Armed Vessels which are blockaded at Gibraltar. Consul O’Brien had already declined complying with the Dey’s desire to give Passports for two hundred and fifty men, being part of the Crews of those two armed vessels, to return to Tripoli.
The same Consul farther reports, that the Regencies of both Tripoli and Tunis solicit the Dey that he will not admit the Custom of Blockade, as being a Novel system as applied to them alike prejudicial to all their common Interests.
This appears to me strongly to recommend the policy of persisting in the system on our part, and perhaps of augmenting our present naval force in the Mediterranean.
I enclose herewith a Decree, declaring the Prince of Peace, Generalissimo by Sea as well as by land; which will serve to demonstrate the great credit which he always enjoys with his sovereign.
Lucien Bonaparte, the present French Ambassador at this Court, is about to leave this Country, and return to Paris in a few days; and General St. Cyr, who has been employed with the French Army in this Country, is to be named Ambassador in his place. With sentiments of high consideration and perfect esteem, I have the honour to be, Sir, Your most obedient and most humble Servant,
D. Humphreys

   RC (DNA: RG 59, DD, Spain, vol. 5); partial Tr (DNA: RG 233, President’s Messages, 7A-D1). RC marked duplicate; in a clerk’s hand, signed by Humphreys; docketed by Wagner as received 12 Jan. 1802. Partial Tr communicated to Congress by Jefferson on 22 Dec. 1801 (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:347, 361). Enclosure not found.

   Humphreys’s dispatch no. 290 has not been found, but a printed copy of the peace preliminaries (in French) is filed in the dispatch book between the dates of 30 Sept. and 7 Oct. 1801 (DNA: RG 59, DD, Spain, vol. 5).

   See Richard O’Brien to JM, 26 Sept. 1801.


Title: To James Madison from Rufus King, 20 October 1801
From: King, Rufus
To: Madison, James

private
Dear SirLondon Oct. 20. 1801.
In addition to my Official Letter of this date it may be satisfactory to you to know, if more money shall be demanded, that I shall refuse of course, and claim the execution of the Convention: if a commutation of the 7. Article be asked for, I shall decline entering into any discussion for that purpose; for the twofold reason that I have no powers, and if I had I should decline, the claims being plain and comparatively few, and the Commission, which was proceeding in an unexceptionable manner the best means of ascertaining their amount.
In order that no mistake may be committed on our part, I am calmly and beforehand considering the course it may be proper for me to pursue. Should the objection that now stops us be persisted in (the import of which seems to be that we should give more money than they have consented to accept, or accept less than we have a just claim to receive) I shall be inclined, according to my present view of the Subject, to offer to sign the Convention that has been agreed to respecting the 6th. article, and as a Consequence thereof, to demand the removal of the Impediment to the execution of the 7. article.
Our Havre Vessels are not yet released, tho’ I have little doubt that they will be discharged in a few days. Tho’ General Smiths valuable Ship and Cargo were without cause detained off the Texel, I advised the Master by all means to take them back without pursuing satisfaction; which would have been uncertain; and at the expence of the long detention of Ship and Cargo. Very faithfully
Rufus King

   RC (DLC: Rives Collection, Madison Papers); letterbook copy (NHi: Rufus King Papers, vol. 54). RC in a clerk’s hand, signed by King.


Title: To James Madison from Samuel Spring, 20 October 1801
From: Spring, Samuel
To: Madison, James

Honured Sir,Newbury Port Octobr. 20. 1801.
The intimacy which subsisted between us in Collegiate Life, so readily recognised lately at your seat, encourages me to address you on a subject interesting to the most worthy, and influential citizens of this circle. If I exceed the bounds of propriety, it is hoped your known candour will attribute it to erroneous judgment rather than to any partial, sinister motive. For I expect to express the feelings not of a paltry party, but of many ex⟨c⟩ellent characters the best friends and supporters of righteous admin[i]stration.
It is needless, Honured Sir, to remark that much dissatisfaction has been exerted in the breast of These States, in consequence of the removal of so many worthy characters from public office. Amid the political convulsion which has humbled so many good men, we have feared, from causes which need not be named, that The President contemplated the discharge of Esqr Tyng, from the office of Collector of the Revenue. Were this to take place, the feelings of a large number of the most able, impartial and respectable friends of the union would be deeply wounded, whose influence is highly wor[thy] of The Presidents notice & regard. Excuse me, Honured Sir, while I say, that this information is impartial. Mr Tyng is a Gentleman of distinguished ability and integrity, who in the view of the best judges has most assiduously, punctually and faithfully collected and paid the revenue, and uniformly, in the most inexcepti[o]nable & honourable manner answered all the high demands & expectations of his office. If he be removed we shall not be able to assign a better reason than the want of proper information respecting character or some unjustifiable motive. For he has done no wrong and merits the approbation and esteem of his country & the world.
Why, Honoured Sir, will you not at this crisis of public affairs make one effort to regain & secure the political esteem & confidence of the Eastern States? We have, you are conscious, greatly confided in Mr Maddison & boasted of his superiour influence and ability. Let us look to you as our guide thro the midnight darkness which approaches. While I hope you and your Lady are in prosperity, it will be grateful to know that my health is restored.
At some leisure moment, please to make my profound respects to the President; & let me with due considerations subscribe your respectful friend & most hume Sert
Samuel Spring.

   RC (DLC: Rives Collection, Madison Papers). Docketed by JM.

   Dudley Atkins Tyng had been appointed collector at Newburyport in 1795; in 1802 Jefferson replaced him with Ralph Cross (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:189, 432; Jefferson’s list of appointments, 1801–3 [DLC: Jefferson Papers]).

   The Reverend Samuel Spring, JM’s classmate at Princeton, was a conservative Congregationalist minister who held a pulpit in Newburyport, Massachusetts. He had written to JM in 1795 attempting to enlist his influence (Harrison, Princetonians, 1769–1775, pp. 166–71; PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 1:67 n. 3, 16:87 and n. 1).


Title: To James Madison from George W. Erving, 20 October 1801 (Abstract)
From: Erving, George W.
To: Madison, James

20 October 1801, London. Asks JM to read accompanying letter to Gallatin [not found]; hopes he “will not suppose private Emolument to have been my principal inducement to the proposition which it contains.” Discusses current low income from consular fees, which will be even lower after peace; British notaries maneuver to deprive consuls of fees on stock transfers, which are numerous. Observes that the peace preliminaries between Great Britain and France are so detailed that the treaty should be settled quickly. The appointment of Lord Cornwallis to go to Amiens “proves that the English do not Calculate upon outwitting the French in negotiation.” Reports that many respectable people plan to visit Paris but has heard that Napoleon will cooperate with British government’s desire to discourage this. Since everyone who departs leaves others to carry the tax burden, the government may require departure fees from emigrants. Mentions rumors of abolition of income tax, sale of Crown lands, and equalization of land tax, but such rumors may serve only to divert the public’s attention from the advantages France has received under treaty. Fears that American negotiations with the British government will “become a perfect dead letter or that they will devise some Excuse to get rid of it altogether.” Laments that the “imbecillity & oscillating stupidity of the present ministry was hardly ever Equalled.” In a postscript dated 21 Oct. adds that since Dawson has suddenly returned to London he will carry this letter.

   RC (MHi: Erving Papers). 4 pp.; marked private.


Title: To James Madison from Rufus King, 20 October 1801 (Abstract)
From: King, Rufus
To: Madison, James

20 October 1801, London. No. 40. Adverse winds, which have delayed Dawson’s departure, give opportunity to send continuation of report on conferences with the lord chancellor and Lord Hawkesbury. Situation now is uncertain with no hint as to the turn it may take.

   RC and enclosure (DNA: RG 59, DD, Great Britain, vol. 9); letterbook copy and copy of enclosure (NHi: Rufus King Papers, vol. 54). RC 1 p.; marked duplicate; in a clerk’s hand, signed by King. Enclosure 15 pp. RC and enclosure printed in King, Life and Correspondence of Rufus King, 3:527–34. Another copy (marked triplicate) of the RC and enclosure is in the Rives Collection of Madison Papers (DLC).

   King annexed a report of his discussions with the British ministry between 8 and 16 Oct. regarding the convention clarifying the Jay treaty, during which Lord Chancellor Eldon on 15 Oct. had raised objections both to the resumption of the work of the commission established under article 7 and to the settlement of the matter of the Maryland bank stock by diplomatic rather than judicial procedures.


Title: To James Madison from Israel Whelen, 20 October 1801 (Abstract)
From: Whelen, Israel
To: Madison, James

20 October 1801, Purveyor’s Office, Philadelphia. Has forwarded accounts to the Treasury Department showing $8,718.81 due to him for transactions with the Barbary powers. Encloses an account for the Sophia showing a balance due from him of $2,837.93. This money was used for part of the Barbary powers account, and the rest was made up out of public funds, which now need to be replenished. Requests that JM remit $8,000 to him, retaining the sum of $2,837.93 due to the State Department. Should this be inconvenient for the treasury, suggests that JM transmit the entire amount and he will either return the lesser amount or deposit it in the Bank of the United States as JM directs. Will sell coffee and remainder of timber that Tench Francis had bought, which will give him more funds.

   Letterbook copy (DNA: RG 45, Purveyor’s Office, Philadelphia). 2 pp. Enclosure not found. The Sophia was the flagship of a convoy that had sailed in December 1798 carrying gifts to the Barbary regencies (Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:276, 280–83).


Title: To James Madison from Stephen Sayre, 21 October 1801
From: Sayre, Stephen
To: Madison, James

SirPhilaa. 21 octor 1801.
The French have an adage—that the absent are always in the wrong. My friends—all the friends of our country with whom I converse, say—you ought to be at the seat of government—I do not deny the fact; but prudence forbids my declaring the positive cause of absence.
I have already spent much time & money, in pursuit of my just demands—I have none left to sport in attendance, on the administration—this you know already—for I thought it my duty to inform you in due time—otherwise you might have reproach’d me for concealing my real situation—for when disgrace, falls on me, it will reach the government, & the nation.
The letter you did me the honor to write, more than admits, that fitness for office shall be the leading principle in appointments.
I admit the principle—in Gods name adhere to it—deny all my services—forget my sufferings—mock my illplaced confidence—laugh at my late efforts, & success, in raising the spirit of republicanism in the state of new Jersey—now triumphant—and suppose me like most other men who seek employment—compare my talents, & character with those already appointed & such as you may hereafter recommend—if I am found wanting you shall never hear me complain.
But give me leave to ask, if this principle has been strictly observed? Have no other motives prevail’d?
Is this the governing principle in the other departments? Was there no other man so capable of filling the office of naval agent in New York as Daniel Ludlow? Is the best office in the state of Jersey fill’d with superior talents? Does the practice of selling Rum, sugar, & Figs and holding principles inimical to liberty—intitle a man to the office of purveyor in this city? Don’t be offended—I but record questions, which your best friends ask one another.
I cannot conclude this short note without reminding you that I expect very soon to be compel’d, either to give bail or submit to confinement, for a debt, contracted, for my support while actually employ’d at Berlin. Also to request you will not let the world know it, if you resolve to employ me, till I can make my arrangements—I dont mean to avoid, but to pay all my just debts. I am respectfully, yours &c.
Stephen Sayre

   RC (ViU).

   Sayre may have been referring to JM’s letter to him of 23 May 1801 (not found, but calendared in PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:226).

   Sayre referred to Israel Whelen.

   See Sayre to JM, 16 May and 9 June 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:186–87, 284–87).


Title: From James Madison to Rufus King, 21 October 1801 (Abstract)
From: Madison, James
To: King, Rufus

21 October 1801, Department of State. Directs King’s attention to complaint of Kimball and Lord, Ipswich, Massachusetts, merchants, against British seizure of brigantine Atlas off Portugal and condemnation of its cargo, which was to be delivered to Royal Manufactory of Tobacco at Seville. Requests King to assist them in their pursuit of justice in British courts; refers him to Williams or Erving for further information.

   Letterbook copy (DNA: RG 59, IM, vol. 5). 1 p. RC offered for sale in Joseph Rubinfine American Historical Autographs, List 96 (West Palm Beach, Fla., [1988]), item 34. Described as an ALS, 1½ pp.


Title: To James Madison from Bird, Savage, and Bird, 21 October 1801 (Abstract)
From: Bird, Savage, and Bird
To: Madison, James

21 October 1801, London. Acknowledges JM’s letter of 28 July and receipt from U.S. treasurer of bills of exchange for £16,138 5s. 2d. Notes authorization for Erving to draw on the firm for his salary.

   RC (DNA: RG 59, Letters Received from Bankers). 1 p.; docketed by Wagner as received 22 Dec.

   JM had authorized payment of salaries and expenditures of American diplomatic agents in London for six months including a salary of $1,000 annually for Erving, which was to be raised to $2,000 after the commissioners under article 7 of the Jay treaty reconvened (JM to Bird, Savage, and Bird, 28 July 1801 [DNA: RG 59, IC, vol. 1]).


Title: To James Madison from John Morton, 21 October 1801 (Abstract)
From: Morton, John
To: Madison, James

21 October 1801, Philadelphia. Explains that the illness and subsequent death of his friend and relative Dr. David Jackson have prolonged his stay in U.S. Is now preparing to return to Havana but “as the period which was contemplated for my accommodation in this respect may perhaps be considered as elapsed,” will resign consular position if president desires. Requests immediate reply as ship is leaving “early in the coming week.”

   RC (NN). 2 pp.


Title: To James Madison from Oliver Pollock, 22 October 1801
From: Pollock, Oliver
To: Madison, James

Dr SirPennsylvania, West Hanover Octobr. 22d. 1801.
Since I had the pleasure of seeing You I have been employ’d in arrainging my Affairs and striving to collect my Family in a Situation to answer present circumstances, and untill some favourable moment may arrive in which my Application for an Appointment may be granted. I fear that in consequence of my last Letter which I had the honor of writing to the President it may be conceiv’d that I discover haste, and perhaps too much anxiety, as if fearful I should not be remember’d among the list of his Friends. My dear Sir, if such constructions should be made, permit [me] to assure you they are by no means real, for in excuse I could give you many reasons why my anxiety is kept so much alive arising principly from my actual necessity of present assistance. I am sure I need not remind you how much valuable Property has been taken away from me, which from little reflection will crowd your mind with a thousand reasons for the natural and anxious wish for a Parent to be in a situation in which he can relieve the necessities of a helpless Family, brought up in affluence, but now, looking forward to an uncertain fate—here Sir is center’d all my wishes, all my hopes—’tis their benefit more than my own that I am striving for—and as my good Friend, you will be so good as to represent those things should my circumstance have induced a thought in the mind of the President reflecting the least want of consideration on my part relative to what I have heretofore written. You may rem[em]ber Sir, that my first Application was made for some situation in Philadelphia—since that time I have receiv’d certain interesting information from the Missisippi, on which River I have Lands that are becoming valuable—am anxious to remove there with my Family where alone I can hope to be able to do any thing perminant for them—in consequence of this I had the honor to write the President and to sollicit of him the Consulship at New Orleans, in which situation I could render myself useful to the United States and at the same time attend to the Cares of my Family and the improvement of my Property.
From a view of these circumstances you will instantly conceive the many reasons I have to be warm in my wishes for a Situation so altogether suitable not only as to my own affairs; but as far as former Integrity, Capacity and Conduct induce belief, in being useful to the Government I would represent. Delicacy prevents my saying any thing against the Character of the Gentleman nominated to that office; but suffer me to ask whether from that Gentlemans late connection in the Mercantile line with the Spanish Government He may not be supposs’d to be so much biass’d in favour of it, as not to be thought the Person in whom that confidence can be confided in, which is necessary for the trust reposed in him, particularly at certain periods of difficulty when unexpected changes occur in that Country, and when almost every thing is only to be expected from firm faith and long experience in the Diplomatic Line.
I expect to have the pleasure of seeing you early in the next Session of Congress, at which time I shall be happy in a Personal interview. I beg your indulgence for troubling you with so long a Letter, and conclude with assuring you of my highest Respect, and remain, Your most Obt. Humbl. Servt.
Olr. Pollock

   RC (DLC). Postmarked “Carlisle Nov. ⟨2?⟩.”

   Pollock to Jefferson, 4 Apr. 1801 (DNA: RG 59, LAR, 1801–9).

   Pollock to Jefferson, 20 Sept. 1801 (ibid.).

   Daniel Clark, the newly appointed consul at New Orleans, was the nephew and namesake of Pollock’s attorney in the 1780s (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 3:99 n. 1, 256–57 n. 6).

   Oliver Pollock (1737–1823), trader and merchant, had served during the Revolution as purchasing agent for George Rogers Clark’s troops in Kentucky and the Northwest Territory on behalf of both the Continental Congress and the state of Virginia. Some of his financial claims against them remained unsettled as late as 1811. He was at this time in straitened circumstances, having lost his Cumberland County, Pennsylvania, estate to settle a debt he incurred by serving as bond for an acquaintance (James A. James, Oliver Pollock: The Life and Times of an Unknown Patriot [New York, 1937], p. 343; Pollock to Jefferson, 20 Sept. 1801 [DNA: RG 59, LAR, 1801–9]).


Title: To James Madison from William Stephens, 22 October 1801
From: Stephens, William
To: Madison, James

SirWashington 22 Oct: 1801
I flattered myself, with the honor of paying my respects this Morning, and called for the purpose, but found you had rode out. Several of my friends in Georgia, and none perhaps, more Zealous, than Genl Jackson, have Supposed me capable to fill the Vacant office of Judge, agreeable to the present System, under the new Judiciary; I am not correctly informed, in Regard to the situation of the District Judge’s appointment, or whether, Mr Gibbons the Gent. Commissioned by Mr Adams, before the Resignation of Judge Clay, is considered as in office, or not, or indeed whether any appointment, to the Circuit Bench, or other wise has been made by the President.

Feeling as much, for the Honor and Consequence of my Native Country, as any in it, nothing would afford me greater satisfaction, than to find those offices well filled, knowing it to be a subject of great Importance, as well to the honor, as to our State, hence you will be pleased to consider this intrusion, in that View. Should however, the office of District Judge be considered as vacant, and my services be considered competent, to so important an appointment, Nothing would afford me greater satisfaction, than to receive such appointment under the present administration.
Having filled the office of one of our Judges of the Superior Court, in Georgia, I was compelled to decline the appointment from the Excessive Fatigue, the duties of the office required, from the Circuits.
If any Information of mine, in regard to the Qualifications of our Legal Gentlemen may be required, I will with Candor communicate it, for the Information of the President, as I am pretty well acquainted with the professional men of our Bar. With sentiments of Esteem I have the Honor to be sir Yr very obt sert
W Stephens Union Inn.

   RC (DLC).

   James Jackson (see Jackson to JM, 15 May and 4 June 1801, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:177, 178 n. 8, 259–60).

   Jefferson nominated Stephens to be judge of the district court of Georgia on 6 Jan. 1802 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:401).


Title: To James Madison from Tobias Lear, 22 October 1801 (Abstract)
From: Lear, Tobias
To: Madison, James

22 October 1801, Cap Français. No. 13. Encloses decree of Toussaint opening some ports to neutrals. Has been too busy to make an intended trip to Port Républicain. Has received a letter from British agent Corbet complaining that American vessels clear from Jamaica for the U.S. then come to Saint-Domingue to buy produce with Jamaican profits. Has not replied in full but only stated that the repeal of the U.S. law permitting vessels to go to French territories put the island on same footing as other French dependencies. Wishes to eliminate any pretext for the British to seize U.S. ships engaged in coastal trade, which trade the governor allows and approves. Reports a local alarm at a rumored uprising but has received assurances from General Christophe, who is in command while General Moyse is at the eastern end of the island, that there is no cause for concern. Christophe attributes the discontent to the lack of discipline of some of the soldiers; the truth is the soldiers have been transporting idle blacks to the countryside for forced labor, which may result in opposition by the people.

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3). 4 pp.; docketed by Wagner as received 28 Nov. Enclosure not found, but Toussaint’s 29 Sept. decree was printed in the National Intelligencer, 30 Nov. 1801.

   A full transcription of this document has been added to the digital edition.


Title: To James Madison from Rufus King, 23 October 1801 (Abstract)
From: King, Rufus
To: Madison, James

23 October 1801, London. No. 41. Conveys copies of his letter to the judge of the High Court of Admiralty and the reply relating to the conduct of the collector at the port of Plymouth.

   RC and enclosures (DNA: RG 59, DD, Great Britain, vol. 9); letterbook copy and copies of enclosures (NHi: Rufus King Papers, vol. 54). RC 1 p.; marked duplicate; in a clerk’s hand, signed by King; docketed by Wagner as received 14 Jan. 1802. Enclosures are copies of King to Sir William Scott, 15 Oct. 1801 (1 p.), and Scott to King, 22 Oct. 1801 (2 pp.).

   William Watson, the elderly collector at Plymouth, Massachusetts, had been accused of colluding in the supposed sale of the brig Sally by Anthony Powell—an American resident at Havana who would not have been eligible for U.S. papers—to Reuben Beetle of Massachusetts, by supplying false registration papers. Watson was cleared of the charges, but false papers to cover the cargo had, in fact, been issued by Benjamin M. Watson, a relative employed at the customhouse, who was consequently dismissed. The ship was condemned by Sir William Scott in the High Court of Admiralty, although Scott told King he was satisfied that the U.S. government had not connived at the misconduct of its officials. Documents relating to the case had been enclosed in Gallatin to JM, 12 July 1801, and were forwarded by JM to King, 28 July 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:407 and n., 485).


Title: From James Madison to James Monroe, 24 October 1801
From: Madison, James
To: Monroe, James

Dear SirWashington Ocr. 24. 1801
I have your two favors of the 11 & 15. instant. The letter inclosed in the first is returned, Mr. Livingston having sailed before it could reach N. Y. and the letter for which it was to be substituted, having before gone on to him. The letter inclosed in the latter is also inclosed, with a note at the bottom of it by the President which will serve for an answer. We think the best mode of procuring a Sword for the heir of Genl. C. will be for you to write to Mr. Livingston authorising him to draw on you or on any fund which you may constitute, a sum adequate to the object, leaving the fashion of the Sword to his taste, and giving a limit of price not to be exceeded. I should suppose fifty or 60 Crowns would afford room eno’ for the artist, in a case Which is to be rated not according to the intrinsic value of the thing, but by the occasion of the present. In this mode the precise sum laid out will be drawn for & remitted.
We have little news from abroad more than the Newspapers give, except that the negociation for settling the difficulties under the 6th. article of the B. Treaty is in a fair way to issue in the conversion of their vague claims into a round sum, and that some other points in Controversy are also likely to be arranged. The Spaniards in seizing our vessels under the pretext of a blockade at Gibraltar have excited much agitation among the merchants, and considerable sensibility in the public at large. The Executive will attend to it under the joint impression of the particular wrong done by Spain, & of her amicable disposition in general towards the U. S.
The election in N Jersey has had a republican issue. That in Penna. entirely so. Every where the progress of the public sentiment mocks the cavils & clamors of the malignant adversaries of the Administration. Offer our affecte. respects to Mrs. Monroe & be assured of the sincerity with which I am yr. friend & servt.
James Madison

   RC (DLC).

   At a later time, JM interlined “Campbell” here. On 10 Nov. 1780 the Virginia House of Delegates resolved to present Gen. William Campbell with a horse, caparison, and sword in appreciation for his performance in the American Revolutionary War victory at King’s Mountain. Apparently he had not received the sword before his sudden death the following year (JHDVJournal of the House of Delegates of the Commonwealth of Virginia, Begun and Held at the Capitol, in the City of Richmond. Volumes in this series are designated by the month in which the session began., Oct. 1780 [EvansCharles Evans, ed., American Bibliography … 1639 … 1820 (12 vols.; Chicago, 1903–34). 17414], p. 13; PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 3:235 n. 12; Monroe to JM, 15 Dec. 1801).

   Federalist representation in the Pennsylvania General Assembly dropped from thirty-six to twenty-two as a result of the election, while the New Jersey Republicans gained seven seats to the Federalists’ six in the council and twenty-four to the Federalists’ fifteen in the assembly (Higginbotham, Keystone in the Democratic Arch, p. 37; National Intelligencer, 26 Oct. 1801).


Title: To James Madison from the Right Reverend James Madison, 24 October 1801
From: Madison, James (Reverend)
To: Madison, James

Dear SirOct. 24th. 1801
I hope the 500 Dols. herewith sent will come safe to Hand. Nothing is requisite but to return some writing acknowledging the Receipt, or obligation to refund the Amount. Perhaps the usual Bond in such Cases will be the most eligible Mode. Let it not specify any Interest; for if this small Sum be an Accomodation, that is all I desire. The Remainder shall be forwarded, if I am not disappointed.
I observed, in the different Papers, such harping upon the Introduction of Godwin in Wm & Mary, that I determined to check, if possible, the Current of Malevolence; especially, as your Inquiry evinced, that the Supposition of such an Introduction was one of the Engines which was occasionally played off against Virginia. For this Purpose, I have sent to the National Intelligencer a fictitious Letter, stating, however, Facts with a few Observations. Nothing so strongly marks the Virulence & the Meanness of the disappointed Party, as these little Tricks to excite popular Odium. They carry with them the strongest Evidence, either of the most pitiful Hypocrisy, or the most bigotted Ignorance. But I beleive the first is really the Case. Yrs most sincerely & Affy.
J Madison

   RC (NNPM).

   See Pichon to JM, 14 Sept. 1801, n. 1.

   If JM wrote to Bishop Madison about the use of Godwin’s work at William and Mary, the letter has not been found.

   Bishop Madison’s letter was probably that of 12 Oct. to “Mr. Dwight,” signed “J. C.—Late a Student of William & Mary College, Virginia” and stating that although school lectures mentioned Godwin only to censure his doctrines, officials had not proscribed his words since “the principle which governs the philosophical school is, that truth fears no discussion” (National Intelligencer, 20 Nov. 1801).


Title: To James Madison from Robert Taylor, 24 October 1801
From: Taylor, Robert
To: Madison, James

Dear SirOctober 24th. 1801
I had prepared a draft of the principal deed for the settlement intended by your memo: (for it would have required several to accomplish all the purposes intended) and was waiting an opportunity to shew it to Doctr. Rose to discover whether it was agreeable to his intentions or not, When I received a note from Mrs. Rose informing it was not necessary to prepare the writings and requesting a return of her fathers memo: respecting the devise of the land to her. The paper was returned to her. I have thought it right to acquaint you with it that you might attach no negligence to me in delaying sending on the deed—as it seems he is again unsettled in his views respecting it. I am yrs. affetly
Robert Taylor

   RC (DLC).

   Memorandum not found.

   James Madison, Sr., had intended to revise his 1787 will before his death and apparently wrote several memorandums to that effect. Specifically, he wished that lands originally willed to his deceased son, Ambrose, should be bequeathed to Ambrose’s surviving daughter, Nelly Conway Madison, and to his own daughter, Frances Taylor Madison Rose. James Madison, Sr., however, had failed to express his intentions in the proper form, and the memorandums could not be considered legally as part of his will (see bill of complaint, 8 Aug. 1805, in Hite v. Madison Papers [Madison County, Virginia, Circuit Court Records]).

   Robert Taylor (1763–1845), the son of JM’s granduncle Erasmus Taylor, practiced law in Orange County, served in the Virginia Senate, 1804–6, and was a member of the U.S. House of Representatives, 1825–27. In 1784 he had married Frances Pendleton, the grandniece of Judge Edmund Pendleton (Hayden, Virginia Genealogies, pp. 674, 679; VMHBVirginia Magazine of History and Biography., 41 [1933]: 85–86).


Title: To James Madison from Thomas Bulkeley, 24 October 1801 (Abstract)
From: Bulkeley, Thomas
To: Madison, James

24 October 1801, Lisbon. Reports that peace has slowed the sale of American produce, “particularly the Articles of Provisions.” Has dismissed acting vice-consul Marcelino Roiz da Silva for fraudulent overcharges and collusion with customhouse officials. Roiz’s subsequent behavior toward him resulted in the police intendant-general’s threatening Roiz with banishment to Africa. Warns JM that the culprit is reportedly headed for America and has recommendations obtained through deceit. Requests that his report not be made public as “it may prove serious in its consequences where laws are not enforced & where assignations are frequent & no notice taken of them.”

   RC (DNA: RG 59, CD, Lisbon, vol. 1). 2 pp.; cover marked private by Bulkeley; postmarked Philadelphia, 28 Dec.; docketed by Wagner as received 2 Jan. 1802.

   A full transcription of this document has been added to the digital edition.


Title: To James Madison from Albert Gallatin, 24 October 1801 (Abstract)
From: Gallatin, Albert
To: Madison, James

24 October 1801, Treasury Department. Encloses copy of letter from George Latimer about prize ship Harmony.

   RC and enclosure (DNA: RG 59, ML). RC 1 p.; docketed by Wagner as received 9 Nov. Enclosure (1 p.) is a copy of Latimer to Gallatin, 20 Oct. 1801, reporting that the Harmony had sailed before the arrival of Gallatin’s 15 Oct. instructions (see Gallatin to JM, 15 Oct. 1801, and n. 4). RC and enclosure reproduced in Papers of Gallatin (microfilm ed.), reel 5.


Title: To James Madison from Joseph Pulis, 25 October 1801 (Abstract)
From: Pulis, Joseph
To: Madison, James

25 October 1801, Malta. Acknowledges receipt of JM’s 3 July letter [not found] covering commission as consul at Malta. Expresses thanks and determination to fulfill responsibilities.

   RC (DNA: RG 59, CD, Malta, vol. 1). 1 p.; in French.

   On the same day Pulis sent a similar letter to Jefferson (docketed as received 29 Apr. 1802) along with a completed bond agreement, signed “Giuseppe Pulis,” and notarization (ibid.). Jefferson’s interim appointment of Maltan Joseph Pulis as U.S. consul was confirmed by the Senate in January 1802 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:402, 405).

   A full transcription of this document has been added to the digital edition.


Title: From James Madison to Tobias Lear, 26 October 1801
From: Madison, James
To: Lear, Tobias

Sir,Department of State Washington, 26th. Octr. 1801.
William Hart Esqr. of Saybrook, Connecticut, has a claim upon the Government of St. Domingo, for the use of his Sloop Harriet, for 32 days, by virtue of a requisition of the Military Chiefs acting under Genl. Toussaint. It appears that Dr. Stevens formerly took up this business, and procured a promise from that General to make satisfaction for the injury, as soon as the state of the Treasury should enable him to do it. I have advised Mr. Hart to transmit you copies of his papers, and I request you to urge upon the Government the fulfilment of these assurances, more especially as the reason formerly assigned for the postponement of payment is now removed. With great respect, I have the honor to be, Sir, your most Obed. servant,
James Madison

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3); letterbook copy (DNA: RG 59, IC, vol. 1). RC in a clerk’s hand, signed by JM; docketed as received 27 Dec.

   Letter not found. For details of Hart’s claim, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:471–72.


Title: From James Madison to Rufus King, 27 October 1801
From: Madison, James
To: King, Rufus

Sir,Department of State Washington 27th. October 1801
I beg leave to call your attention to the enclosed letter from the Collector of New York and the protest to which it refers. The American protection, with which the unhappy seaman therein mentioned was provided, raises a presum[p]tion at least that he was one of our citizens, as his shipment at Amsterdam, a place hostile to Great Britain, discountenances the idea of his being her subject. But his allegiance does not seem to have formed a motive with those by whom he was forced out of his ship: and the right of search, far as it has been lately extended, has never I believe been argued to involve that of seeking and arresting mere criminals on board of neutral vessels. It is now a long while since the vengeance of that country has steadily pursued the actors in the tragedy of the Hermione, and many dreadful examples of their punishment have been given: it therefore appears high time that the scene should be closed, at least as far as the tranquillity and security of foreingers [sic] and their vessels are concerned. For the rest I am well assured, that your humanity will impel you to every useful exertion to protect the individual in question, if indeed his fate shall not have been already decided. With the highest respect and esteem, I have the honor to be, Sir, Your most Obedt. servt.
James Madison

   RC (CSmH); letterbook copy (DNA: RG 59, IM, vol. 6). RC in a clerk’s hand, signed by JM.

   David Gelston to JM, 20 Oct. 1801.

   Following a mutiny aboard HMS Hermione in 1797, British officials conducted a dogged search for the dispersed crew members, many of whom had signed on American merchantmen and naval vessels (Dudley Pope, The Black Ship [London, 1963], pp. 274–85). For the controversy involving one of these sailors, Jonathan Robbins, in Charleston, South Carolina, see PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 17:273 and n. 1, and PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:229–30.


Title: To James Madison from Pierpont Edwards, 27 October 1801
From: Edwards, Pierpont
To: Madison, James

Sir,New Haven Oct 27th. 1801.
This will be put into your hands by Mr. Eli Whitney of this City a gentleman very highly respected by all who know him, and considered here as a very able Mathematition, & the first Mechanical genius in New England.
He has business to transact with Government. I take the liberty to recommend him to your patronage. I am with great respect & esteem Your Most Obdt Servt
(signed)   Pierpont Edwards.

   Tr (CtY: Eli Whitney Papers). Marked “(copy).”

   In June 1798 the federal government had engaged Whitney to manufacture ten thousand stands of muskets using the new principle of uniform interchangeable parts. Only a thousand of them had been delivered in 1800, when responsibility for procurement moved from the Treasury Department to the War Department. A circular of 15 June 1801, designed to prod all musket contractors, established 31 Aug. as the provisional deadline for meeting earlier agreements and held out 30 Nov. as the final date for receiving arms. Whitney’s visit to Washington may have related to his need for a contract extension while he perfected his system of manufacturing. The effort met with success, as Jefferson noted in the cabinet meeting of 10 Nov.: “Eli Whitney’s arms to be preferred” (cabinet notes, 10 Nov. 1801 [DLC: Jefferson Papers]; Claude E. Fuller, The Whitney Firearms [Huntington, W.Va., 1946], pp. 30, 47–48, 55, 67–68; JM to James Monroe, 13 Nov. 1801; Jefferson to Monroe, 14 Nov. 1801, Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:101–2).

   Pierpont Edwards was Aaron Burr’s uncle and Eli Whitney’s father-in-law and had served with JM in the Continental Congress, 1787–88 (James McLachlan, Princetonians, 1748–1768: A Biographical Dictionary [Princeton, N.J., 1976], pp. 637–42).


Title: To James Madison from Tobias Lear, 27 October 1801
From: Lear, Tobias
To: Madison, James

Sir,Cape François Octr. 27h. 1801
On the 22d inst. I had the honor of writing a few lines to you by the Schooner Eliza, Captn. Coy, bound to Wilmington in (Del) stating that a small alarm had taken place in this City the preceding Evening, in consequence of the Governmt. having taken up some people who were suspected of having formed a plot to disturb the public tranquility. On the morning of the 23d inst. I was with Genl. Christophe, the Commandant of this Departmt when an alarm took place in the City which spread dismay over every countenance. A cry of shut your doors run like electricity through the streets—and terror spread in every quarter without anyone being able to tell the cause. Genl. Christophe behaved with the utmost coolness—he just desired me to make the americans & others tranquil in the City, and to assure them that nothing should happen to them, and mounted his horse. I retd. home & did all in my power to tranquilize there whom I met—and immediately went through the town to the Americans—to quiet their minds and establish confidence among them. It seems there was a plot formed to overthrow the present Governmt. and to distroy the whites who are here; but by the prudent and decided conduct of Genl. Christophe, who was on the spot here, and the cooperation of the Army &c. I hope it is now suppressed. Genl. Moyese, the Commandant of this division of the Island, was at some distance (abt. 50 mil[e]s) from this place at the time; but he immediately took such measures in the quarter where he was as aided in crushing the business. The alarm was beat—the Militia ordered out into the Country, calld the North Plain, about Limbe Margot, Dondon &c. where the insurrection had begun. The Leaders are taken, the insurgents are now dispersed—and we have assurances of tranquility—almost all the whites in the north plain have been murdered. The Governor was at St. Mark’s when this happened. He has now come on, & is in the neighbourhood of the City with the troops. Genl. Christophe came in Yesterday and promised he wd. give me an official detail of the business today, that I might transmit it to the U. S. but he has not yet done it; and as there is an opportunity of writing by a Vessel which sails tomorrow; I have (after waiting for the official account to this moment) thrown this hasty sketcch [sic] upon paper. Other Vessels will sail in a few days, by which I will send a more particular account. At present we have no grounds for apprehending danger in the City—and I trust the whole business will soon be settled. There has been an embargo for some days past, as all the offices were shut, and the Citizens engaged in military duty—it is now off, and I hope a few days will restore order and confidence.
This letter will be sent by a Vessel bound to Newbury, and I have, left it open (under a cover to the Collector of the port) that he may advertise the people in that part of the U. S. of the best state of things which we can now give to prevent the improper impression which may be made by mutilated or exagerated accounts. With the highest respect I have the honor to be Sir, Your most Obedient Servt.
Tobias Lear.

   RC (MiU-C).

   The revolt was organized by five of Toussaint’s generals who were opposed to cooperation with white plantation owners (Ott, Haitian Revolution, pp. 148–49).

   On 23 Nov. Toussaint ordered his protégé Moyse executed as one of the leaders of the rebellion (Lear to JM, 25 Nov. 1801, n.).


Title: To James Madison from Albert Gallatin, 27 October 1801 (Abstract)
From: Gallatin, Albert
To: Madison, James

27 October 1801, Treasury Department. Encloses letter from Oliver Ellsworth, which had been referred to Treasury Department accountants. Comptroller requests JM’s opinion on the principle on which the account is to be settled and the time period for which Ellsworth is entitled to a salary. Since case is not defined by law but covered by discretionary power which is vested in State Department, comptroller will be governed by JM’s decision.

   RC (DLC: Gallatin Papers). 1 p.; in a clerk’s hand, signed by Gallatin; docketed by Wagner. Reproduced in Papers of Gallatin (microfilm ed.), reel 5. Enclosure not found, but it may have dealt with the accounts for Ellsworth’s special mission to France in 1799.


Title: To James Madison from Caesar A. Rodney, 29 October 1801
From: Rodney, Caesar A.
To: Madison, James

Honored & Dear Sir,Wilmington Octob 29. 1801.
I had the pleasure of receiving your letter in answer to mine announcing the election of Col: David Hall as Governor of this State. Since that time I have been on the Circuit attending to the duties of my profession, but at the same time to those which demand a due portion of care in relation to society.
Our small majority gave birth to a sentiment in some breasts favorable to controverting the election but those who have any political penetration never harboured an idea of the kind. Mortified as they all were on so important a defeat, it is not to be wondered at, that in order to cover their retreat, the speaking trumpets of the party who had openly committed themselves should sound forth the probability of the election being set aside on the ground of aliens having voted in this County which was not the fact. But rest assured no attempt will be made to defeat the voice of the people. Those who know most among them may whisper such a thing in secret but will never lisp it in publick. They have had during the Court several caucuses & have as I am informed always decided against such a measure. Never was an election conducted more fairly than in this County. We conformed to the Alien law of this State (similar to that of Penna) altho’ made in direct violation of the constitution of Delaware in order to give no pretext to them for attacking the election.
We have now laid thank God, the foundation of general success. But a few years back they had a majority on the scale of the State of one thousand. Now we have had one of nineteen. It is remarkable too that in the Federal County Sussex there was 2,706. votes whilst in ours whose population in white inhabitants is 10,000 greater had but 2,050. votes. If any bad votes were received it must have been in Sussex & if necessary we could make them appear. That however will not be required. Nothing could be more beneficial to our cause than setting aside Col: Hall’s election if we could moderate & repress sufficiently the feelings of the people. You hear every day numbers declaring (who voted for Mitchel) they would then vote for Col: Hall. The spirit tho’ which began & accomplished the late revolution has just been resuscitated & if but a single spark of it remained I fear in such a case it would burst into a flame that would destroy all the enemies of our independence. Really apprehending serious consequences which no doubt they have calculated also, it is matter of considerable gratification to me that the election is not to be disputed.
The “Darkness clouds & shadows” which have rested on this State will with a due exertion of firmness & moderation vanish on another election & Delaware will shine bright in the Republican constellation. Our Senator will be chosen to serve only until march twelvemonth & I rejoice that Jersey, Vermont & Maryland ⟨have⟩ made our phalanx in the Senate very formidable.
Seeing the “Intelligencer” state that our election was likely to be disputed I have deemed it a duty to give you all the information I possess on the subject. With great respect I remain Dr. Sir Your’s very Sincerely

   RC (NN). Signature clipped.

   The 21 Oct. 1801 issue of the National Intelligencer had published a report from Philadelphia newspapers that the Delaware gubernatorial election would be contested.


Title: To James Madison from Sylvanus Bourne, 29 October 1801 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

29 October 1801, Amsterdam. Acknowledges JM’s 1 Aug. circular and promises to reply fully at earliest opportunity. Will send copy of new Batavian constitution as soon as it is “published in a systematic form.”

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 1 p.; docketed by Wagner.

   A full transcription of this document has been added to the digital edition.


Title: To James Madison from Louis-André Pichon, 29 October 1801 (Abstract)
From: Pichon, Louis-André
To: Madison, James

29 October 1801, Georgetown. Sends JM a note regarding duties Baltimore customs office charged on items Pichon received from France on the Maryland; asks JM to rectify matter. Requests that restitution, if made, be sent to William Barney who paid the charges.

   RC (DNA: RG 59, NFL, France, vol. 1); Tr (AAE: Political Correspondence, U.S., 53:369). RC 2 pp.; written in French; in a clerk’s hand; docketed by Wagner. Enclosure not found.


Title: To James Madison from William Savage, 29 October 1801 (Abstract)
From: Savage, William
To: Madison, James

29 October 1801, Kingston, Jamaica. Reports that Admiral Montagu, who has returned to Jamaica and taken command of the British squadron, seems disposed to be cooperative; accordingly, expects greater success in liberating impressed Americans, though “the great difficulty is to distinguish English & Americans.” Mentions the case of the schooner Orange and encloses a copy of Montagu’s report addressed to the king’s attorney general. At Montagu’s request Savage interviewed William Hammond, found him to be a native of Newport, Rhode Island, and sent him on an American vessel to Baltimore where he will be held for a few days after arrival if the president wishes to investigate the case. Awaits reply to his 11 Apr. query. Encloses a list of seamen released and those impressed since his last letter.

   RC and enclosures (DNA: RG 59, CD, Kingston, Jamaica, vol. 1). RC 3 pp. Enclosures are a copy of Robert Montagu’s report to the king’s attorney general containing details on the case of William Hammond and his heavily armed ship, Three Friends—which with a crew of mixed nationality had been sailing under British colors and terrorizing merchantmen—and asking why Hammond should not be prosecuted for piracy (3 pp.); a copy of George C. Ricketts’s reply stating that without the testimony of the crew of the Orange, which Hammond had boarded and whose captain had reported him to the British, he would have to be released (1 p.); Savage’s certification that the enclosed copy of Montagu’s report was a true one (1 p.); and a list of four released seamen and thirteen impressed seamen and their locations (2 pp.).

   For Savage’s 11 Apr. salary request, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:90.

   A full transcription of this document has been added to the digital edition.


Title: To James Madison from Fulwar Skipwith, 29 October 1801 (Abstract)
From: Skipwith, Fulwar
To: Madison, James

29 October 1801, Paris. Since his letter of 12 Oct. acknowledging receipt of his commission, has received his exequatur as well as authorization to grant passports. Encloses list of judgments made by the Council of Prizes from its inception. Also encloses various documents relating to the condemnation of the Rodolph Frederic and its cargo as he believes the principles in the case may “interest the feelings of our Government in regard to the execution of the Treaty [of 1800].” Has been told that the “strange judgement” of the Council of Prizes in the case will be brought before the Council of State. Reports recent death of Dobrée at Nantes. Suggests that Dobrée’s successor be an American as French citizens are having difficulty receiving exequaturs as foreign consuls.

   RC and four enclosures (DNA: RG 59, CD, Paris, vol. 1); enclosed list (DNA: RG 76, France, French Spoliation Claims, Unsorted Papers, box 5); partial Tr and Tr of enclosed list (DNA: RG 233, President’s Messages, 7A-D1). RC 4 pp.; docketed by Wagner as received 26 Feb. The four enclosures relating to the Rodolph Frederic are Charles-Pierre Fleurieu and Pierre-Louis Rœderer to Talleyrand, 12 Dec. 1800 (3 pp.); Talleyrand to the Council of Prizes, 17 Aug. 1801 (4 pp.); and Skipwith to Talleyrand, 10 Oct. 1801 (3 pp.) and 29 Oct. 1801 (7 pp.); all docketed by Wagner as received in Skipwith’s of 29 Oct. Jefferson sent the partial Tr of Skipwith’s letter and the appended list to the House of Representatives on 15 Apr. 1802 (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:428, 438–39).

   The Council of Prizes had been established on 27 Mar. 1800. The enclosed list covered fifty-one American vessels, twelve of which were condemned and thirty released—six with damages, another after its cargo was condemned (Frank Edgar Melvin, Napoleon’s Navigation System: A Study of Trade Control during the Continental Blockade [New York, 1919], p. 352; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:438–39).

   The condemnation of the Rodolph Frederic because of improper papers having been invalidated by the signing of the treaty, the council then condemned it on the ground that one of the ship’s guns had been fired after the colors had been struck (Skipwith to Talleyrand, 29 Oct. 1801 [DNA: RG 59, CD, Paris, vol. 1]).

   A full transcription of this document has been added to the digital edition.


Title: To James Madison from Isaac Cox Barnet, 30 October 1801 (Abstract)
From: Barnet, Isaac Cox
To: Madison, James

30 October 1801, Bordeaux. Drew fl. 410 on U.S. bankers at Amsterdam on 21 Oct., the balance of his account for supplying American seamen, for which he encloses accounts and vouchers. Also encloses statement of U.S. vessels in port from 10 Apr. to 21 Oct. [not found], after which William Lee assumed consular duties. Requests that JM lay his previous letters, requesting compensation as agent for prisoners, before Jefferson. Still considers his commission for Brest in force. Solicits JM’s influence for appointment at Lisbon.

   RC and enclosure (DNA: RG 59, CD, Bordeaux, vol. 1). RC 2 pp. Enclosure (2 pp.) is a list of Barnet’s disbursements and expenditures for distressed seamen from 14 Mar. 1801. A duplicate of the RC (ibid.; docketed by Wagner as received 12 Feb. 1802) contains a 12 Dec. postscript stating that Dupont had offered to carry the duplicate with a packet from Pinckney.

   A full transcription of this document has been added to the digital edition.


Title: To James Madison from Pierpont Edwards, 30 October 1801 (Abstract)
From: Edwards, Pierpont
To: Madison, James

30 October 1801, New Haven. Introduces Chauncy Bulkley of Chatham, Connecticut, “a very respectable merchant and a worthy republican,” who will explain the reason for his visit to Washington. Any assistance JM can offer him will be given to “a man who stands high in the esteem of our fellow republicans.”

   RC (DNA: RG 76, France, French Spoliation Claims, folder B). 1 p.


Title: To James Madison from Peter Johnston, 30 October 1801 (Abstract)
From: Johnston, Peter
To: Madison, James

30 October 1801, Prince Edward. Introduces Elijah Hendrick and recommends him for employment in post using his mercantile and accounting skills.

   RC (DLC). 1 p. Cover marked by Johnston, “Care of Mr. Hendrick.” Republican lawyer Peter Johnston represented Prince Edward County for several terms in the Virginia House of Delegates, where he actively supported the passage of JM’s Virginia Resolutions of 1798.


Title: To James Madison from Tobias Lear, 30 October 1801 (Abstract)
From: Lear, Tobias
To: Madison, James

30 October 1801, Cap Français. No. 14. Wrote to JM on 28 Oct. via brig bound to Newburyport; has little more to add. As he mentioned, gunfire was heard on the night of 22 Oct. The following morning a plot was uncovered to raise an insurrection and exterminate whites not only at the cape but throughout the country to the northwest. An alarm spread on 24 Oct. that “the Country was in Arms and coming in upon us,” but Christophe marched out and defeated the insurgents, killing many of them. A great number of white families were massacred by rebels. Toussaint and General Moyse soon arrived, dispersing the rioters and killing or capturing many of the leaders. Toussaint is still at the scene; Moyse has returned to the city and assures Lear that order is restored. Shock will disrupt business for some time. Lear has attempted to restore confidence and prevent confusion, thinking not of himself but of calming and saving others.

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3). 3 pp.; docketed by Wagner as received 26 Dec.

   Lear referred to his letter to JM of 27 Oct. 1801.

   Moyse wrote to Lear on 30 Oct. 1801 to assure him that the lives and property of Americans were safe (see Lear to Moyse, 31 Oct. 1801 [ibid.]).

   A full transcription of this document has been added to the digital edition.


Title: To James Madison from John Morton, 30 October 1801 (Abstract)
From: Morton, John
To: Madison, James

30 October 1801, “Ship Calliope, off Port-Penn, (Dele.).” Acknowledges JM’s 24 Oct. letter to him covering “Notes on Cuba” [not found]. Expresses gratitude for the “indulgent accommodation of the President.” Mentions in postscript that he delivered JM’s letter to Dallas [not found] at Chester.

   RC (DNA: RG 59, CD, Havana, vol. 1). 1 p.; docketed by Wagner as received 5 Nov.

   JM’s letter to Dallas may have related to the question of new charges against William Duane (see JM to Jefferson, 26 Aug. 1801).

   A full transcription of this document has been added to the digital edition.


Title: To James Madison from Edward Thornton, 30 October 1801 (Abstract)
From: Thornton, Edward
To: Madison, James

30 October 1801, Philadelphia. Acknowledges JM’s letter of 21 Oct. relating to imprisonment of Le Couteulx. Both he and Liston have sent requests for release to authorities in Canada and Great Britain. Does not know if delay is caused by new information in case or by desire to await instructions from home but promises to write to Canada again. Notes that Le Couteulx is detained not simply as an alien but as an enemy alien and natural-born subject of nation at war with Britain. Although Le Couteulx is a naturalized American citizen, his correspondence shows he considers himself still French. He encourages insurrection among disaffected in Canada, affords asylum for spies and deserters, and behaves in ways that Great Britain would consider inimical acts even if performed by a native American. There is little likelihood, therefore, of his receiving compensation for losses due to imprisonment.

   RC (DNA: RG 59, NFL, Great Britain, vol. 2). 4 pp. Printed in William R. Manning, ed., Diplomatic Correspondence of the United States: Canadian Relations, 1784–1860 (4 vols.; Washington, 1940–45), 1:526–27.

   Albany resident Lewis Le Couteulx, who had been arrested in Niagara on his way to Detroit in 1798 and was being detained at Quebec, was eventually released, and JM aided his later efforts to obtain compensation. Thornton had earlier described him as an amiable and inoffensive individual who was both intellectually and emotionally incapable of fomenting revolution (JM to Rufus King, 16 May 1803, ibid., 1:163–64; Thornton to Grenville, 9 Feb. 1801 [PRO: Foreign Office, ser. 5, 32:36–37]).


Title: To James Madison from Walter Jones, 31 October 1801
From: Jones, Walter
To: Madison, James

Dear Sir.Octr. 31st. 1801.
Having been absent from home, at the time our last weekly post arrived, I could not return an answer to your Letter, till now.
I learn, that the negro Plato, Sailed for the City in a vessel that left this part, about the 13th., & I suppose long before this, has reached his destination. Had I found him lurking through design, or unable, tho willing, to prosecute his Journey, be assured I would with pleasure have used all Suitable Means, to forward him on to you.
The prospect of Health would alone be a Sufficient Motive; but I have others of a most interesting kind, to prompt me to a removal from this part of the Country, before my utility is narrowed or destroyed by age. Two schemes & two alone present themselves. The first to remove to the Hills & persue farming as my principal, Medicine as a Secondary occupation. The Second to Settle at the Seat (or near it) of the G. Governmt. & present myself for the practice of my profession. The latter, except under very favourable Circumstances indeed, would be the alternative to me least acceptable by far, and the reflexions that occurred respecting it, after we parted occasioned some Solicitude, that I had missed an opportunity of Conversing on a Subject, even Selfish, with a person on whose good Sense & good will I could So much rely as on yours. It is probable I may yet See you next month.
Present me very kindly to your good Family, to the president & to Mr. Gallatin & Lady, and accept my warmest wishes for your Health & happiness.
Walt: Jones

   RC (DLC). Cover dated by Jones: “Northd. Cthouse / 31st. Octr. 1801.”

   The slave Plato had been leased by JM from Benjamin Grayson Orr in Washington on 27 July (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:482).


Title: To James Madison from George W. Erving, 31 October 1801 (Abstract)
From: Erving, George W.
To: Madison, James

31 October 1801, American Consulate, London. No. 4. Dawson’s delayed departure and return to London a second time allow transmission of the enclosed statements.

   RC and enclosures (DNA: RG 59, CD, London, vol. 8). RC 1 p.; docketed by Wagner as received 13 Jan. The enclosures include lists of awards made by the Board of Commissioners payable on 5 July 1798 and 1 May 1799 and received by Samuel Williams (1 p.); a “Statement of monies received on Decrees given in the Court of Appeals” (2 pp.); a list of awards at the board received by private agents (1 p.); a list of commission awards made in 1796 and 1797 and paid to Samuel Bayard (1 p.); and a “Statement of Monies received by Awards of the Commissioners acting under the 7t Article of the British Treaty,” to which is appended Erving’s analysis of the distribution of public advances for expenses among the several cases (3 pp.; docketed by Wagner, “Recd. in Mr. Erving’s No. 4”).

   A full transcription of this document has been added to the digital edition.


Title: To James Madison from Josiah Blakeley, 1 November 1801 (Abstract)
From: Blakeley, Josiah
To: Madison, James

1 November 1801, Santiago de Cuba. Acknowledges receipt of JM’s 1 Aug. circular letter and is grateful for its directions, as many prizes brought into Santiago are purchased by Americans. Reports favorable judgment in the case of Capt. Jeremiah Tatam, whose ship was taken into Baracoa by privateers. Over a month ago, by order of the intendant at Havana, Blakeley was arrested and imprisoned. His books, papers, and possessions were seized, and he has not been informed of charges. Writes now from prison. The loss to him personally and to his correspondents and captains of vessels under his charge has been “immense.” Conjectures that Spanish officials suspect him of involvement with the ship Prudence of Boston, seized near Havana for illicit sales. Rumor has it that false papers were issued in Blakeley’s name by Peter Lay, who formerly “did much business” for Blakeley but who has “long since” left the island. Denies knowledge of it. Officers who have inspected his books and papers can find no evidence against him. The governor and “the first People of the City” are all distressed at his case. Continues to function as consul. Has been advised that he could obtain damages from the intendant but doubts this unless the U.S. government takes up his case. Has been well treated by the local officials and inhabitants. Spanish privateers constantly abuse the American flag at sea, and their officers slight his protests, claiming that the treaty [of San Lorenzo] does not extend to the colonies. Believes that the intendant is displeased with his protests against “cruel treatment,” but he has only “declared the truth.” Argues that Spanish colonies’ dependence on American commerce and food entitles the U.S. to demand respect for its flag and its citizens. Reports that fifteen American vessels are currently in port.

   RC (DNA: RG 59, CD, Santiago de Cuba, vol. 1); partial Tr (DNA: RG 233, President’s Messages, 7A-D1). RC 4 pp.; docketed by Wagner. JM forwarded the partial Tr in his 18 Apr. 1802 report to Jefferson, who laid it before the House of Representatives (see ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:440, 443–44). News of Blakeley’s 16 Sept. imprisonment and the detention of American vessels in Santiago harbor appeared in the National Intelligencer, 6 and 11 Nov. 1801.

   A full transcription of this document has been added to the digital edition.


Title: To James Madison from Sylvanus Bourne, 1 November 1801 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

1 November 1801, Amsterdam. Will attend to contents of JM’s 1 Aug. circular letter. Takes satisfaction in never having issued any register, sea letter, or title to a vessel, except for his certification of oath of ownership like that described in circular. Has always avoided compromising American neutrality. Believes that greater and more specific powers for consuls would be beneficial to citizens abroad, but he has not overstepped his bounds. Has expended funds on public account only for relief of distressed seamen. Has been unable to report on U.S. ships trading at Amsterdam as captains are reluctant to give information; thinks Congress should pass a law requiring them to do so. Will do his utmost to alleviate strictures on quarantine on American ships. Hopes that next Congress will pass laws against improper discharge of sailors and also set future salaries for consuls. Consular income from certificates promises to be “a mere trifle” in the future. Adds in a postscript that the fees from certificates will be eliminated when Americans are no longer the sole carriers of West Indian trade to Europe.

   RC (DNA: RG 59, CD, Amsterdam, vol. 1); FC (NcD). RC 4 pp.; docketed by Wagner. Postscript not on FC.

   A full transcription of this document has been added to the digital edition.


Title: To James Madison from George W. Erving, 1 November 1801 (Abstract)
From: Erving, George W.
To: Madison, James

1 November 1801, London. Private No. 3. Hopes papers conveyed by Dawson will provide president with desired information; they show amounts received under the commission and actual government expenses, and they also provide data for an estimate of costs to prosecute remaining claims. Total expenses cannot be ascertained as many cases were handled by private agents, but Erving reckons they will average £300 per case. Final costs will be much higher once those favorably decided cases that cannot be collected are included. Current political situation is “very Extraordinary.” The king is said to be dissatisfied with the peace, and political allegiances in the House of Commons are confused. Some (Mr. Fox and his friends) “support their own consistency”; others (Mr. Pitt) support the ministry and the peace. Likens the state of parties to a sheepshearing, when the lambs, at a loss to identify parents without their fleeces, “run backward & forward in great agitation often baaing to the wrong dams.” Nothing will be decided until the great debate on 3 Nov., which he believes will approve the peace. The permanency of the peace and of the “pacific ministers” is perhaps “more questionable.” Mentions renewal of rumor that Windham will join the ministry. Lord Cornwallis will leave on 2 Nov. for France.

   RC (DNA: RG 59, CD, London, vol. 8). 3 pp.; docketed by Wagner.

   A full transcription of this document has been added to the digital edition.


Title: From James Madison to James Monroe, 2 November 1801
From: Madison, James
To: Monroe, James

Dear SirWashington Novr. 2. 1801
General Mason has just requested me to forward the inclosed 100 dolrs. to be put into the hands of Mr. S. Pleasants for Mr. Callander. Yrs. affy.
Js. Madison

   RC (NhHi).

   Virginia senator Stevens Thomson Mason was an active supporter of Callender’s cause (see Michael Durey, “With the Hammer of Truth”: James Thomson Callender and America’s Early National Heroes [Charlottesville, Va., 1990], pp. 110–11, 136). For Monroe’s earlier efforts as an intermediary in the Callender affair, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:265–66, 314–15. For the involvement of Richmond editor Samuel Pleasants, Jr., see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:145, 315.


Title: To James Madison from John Mason, 2 November 1801
From: Mason, John
To: Madison, James

Dear SirGeo Town 2d Novr. 1801
When Mr Orr was going to Kentuckey he left with me the enclosed Engagement, for the amount of which, I accommodated him with the money. As it is now due, I take the Liberty to send it to you, and if entirely convenient should thank you for its amount. Very respectfully I am Sir your mo: obt: Hbe Sert
J. Mason
I send this my [sic] Mr Suttle one of the young Gentlemen of my counting house.

   RC (DLC). Docketed by JM.

   Mason enclosed JM’s agreement with Benjamin Grayson Orr, 27 July 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:482).


Title: To James Madison from Louis-André Pichon, 2 November 1801
From: Pichon, Louis-André
To: Madison, James

George Town 11 Brumaire an 9 (2. Novemb. 1801)
Le Citoyen Pichon a l’honneur de prévenir Monsieur Madison que le Citoyen Marbois qui était demeuré à Baltimore, pour remplir momentanément les fonctions commissariales, vient de lui faire connaitre Son intention de Se retirer et de retourner en France.
Cette circonstance qui dérange les dispositions que le Citoyen Pichon avait prises, par anticipation de celles qu’il était autorisé à croire que Son Gouvernement aurait faites pour nommer aux divers Commissariats dans les Etats Unis, met le Citoyen Pichon dans le cas de laisser le Citoyen Arcambal à New York et deplacer temporairement à Baltimore, jusqu’à ce que les intentions du Gouvernement Soient connues, une personne qui, comme celles qu’il a mises à Charleston et à Alexandrie puisse remplir, Sous le titre d’Agent du Commissariat Général, les devoirs les plus urgens. Le Citoyen Pichon, en conséquence, pour l’information de Monsieur le Secrétaire d’Etat joint ici la copie de la Commission qu’il expédie au Citoyen Jacques Marie Gabriel Levillain, Son Secrétaire, qui est la personne qu’il envoye à Baltimore. Le Citoyen Levillain sera également muni d’une lettre d’introduction du Citoyen Pichon, pour Monsieur le Gouverneur de l’Etat du Maryland, conforme à celle qui a été Communiquée à Monsieur Madison par la note du Citoyen Pichon du 21 Juillet dernier.
Les motifs déduits dans la note ci dessus mentionnée, et dans celle ci, ont déterminé le citoyen Pichon à ces arrangements temporaires. S’il Se présentait des circonstances qui parussent éxiger des personnes plus directement autorisées, le Citoyen Pichon ne manquerait pas de donner d’autres Commissions et de solliciter l’Exequatur de Monsieur Le Président des Etats Unis.
Le Citoyen Pichon prie Monsieur Le Secrétaire d’Etat d’agréer ses respects et l’assurance de sa haute considération.

Condensed Translation
Informs JM that Marbois, who has been filling the post of commissary at Baltimore, has decided to return to France. Pichon will leave Arcambal at New York and temporarily place Jacques-Marie-Gabriel Levillain, his secretary, at Baltimore. Levillain will carry letter of introduction to the governor of Maryland similar to that Pichon sent JM on 21 July. If circumstances require persons more directly authorized, Pichon will not fail to draw up other commissions and solicit presidential exequatur.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1); Tr (AAE: Political Correspondence, U.S., 53:363). RC in a clerk’s hand. Enclosure (1 p.; in French) is a copy of the commission for Levillain, dated 2 Nov. 1801.

   Pichon should have written “an 10.”

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:450–51.


Title: To James Madison from Louis-André Pichon, 2 November 1801 (Abstract)
From: Pichon, Louis-André
To: Madison, James

2 November 1801, Georgetown. Encloses copy of passport given at State Department on 24 Oct. to French citizen returning to Saint-Domingue. States that this form is contrary to accepted principles and to assurances given him since his arrival. Is sure that it will suffice to call this oversight to JM’s attention for such permits to be discontinued and future requests for passports for French possessions to be referred to the only authorities qualified to issue them.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1); Tr (AAE: Political Correspondence, U.S., 53:369). RC 2 pp.; in French; in a clerk’s hand, signed and dated by Pichon. Enclosure (1 p.; in a clerk’s hand) is a copy of a passport issued by JM to Pierre Perpey, 24 Oct. 1801.


Title: To James Madison from Thomas Mathews, 3 November 1801
From: Mathews, Thomas
To: Madison, James

Dear SirNorfolk 3d November 1801
I shall offer no excuse for the liberty I take in introducing my friend Lieut. Saunders, to your notice and attention. I flatter myself you will find Mr. Saunders an agreeable young Man, and I know He will be acceptable to you, for He is a Man of Honor and integrity.
As I am fixed at the principle mart in our State, it would give me pleasure to render you any services in this quarter. I pray you to be assured, my dear Sir, that I feel myself indebted to the President for calling you into Office, and I trust your health will enable you to discharge the duties agreeable to your wishes. I am with very great respect Dear Sir Your most obet Servt
Thos Mathews

   RC (DLC).

   Mathews may have referred to John Saunders, a Virginian appointed to the First Regiment of Artillerists and Engineers in 1795. Jefferson reappointed him in March 1802 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:173, 411).

   Thomas Mathews (d. 1812) had served in the Virginia ratifying convention of 1788 and in the House of Delegates from Norfolk County, 1781–1800. A prominent Federalist, he was Speaker of the Virginia House of Delegates, 1788–93 (F. B. Heitman, Historical Register of Officers of the Continental Army during the War of the Revolution [Washington, 1893], p. 384; Swem and Williams, RegisterEarl G. Swem and John W. Williams, eds., A Register of the General Assembly of Virginia, 1776–1918, and of the Constitutional Conventions (Richmond, 1918)., pp. 28, 39, 406; Thomas Jefferson Wertenbaker, Norfolk: Historic Southern Port [Durham, N.C., 1931], pp. 87–88, 99).


Title: To James Madison from Elihu H. Bay, [4 November] 1801
From: Bay, Elihu H.
To: Madison, James

[Charleston, 4 November 1801]
… It will readily occur to you Sir that thousands of our fellow Citizens must soon be employed in navigating the Ships and Boats which must ever be used, as the means of transporting these Commodities from one place to another. Now Sir when we take into consideration the climate and Season of the year, when this commerce must be carried on, the Risque to our Citizens must be multiplied in a high degree. It is well known that the western Rivers cannot be conveniently navigated into the Mississippi ’till the breaking up of the Frost in the Spring of the Year. It is then that that Great River begins to rise, and it generally remains up ’till July. The great distance and unavoidable Impediments naturally in the way will always carry over these Commercial Transactions, to so late a period as to leave the great Bulk of those employed in them, at or about New Orleans, in the sickly season of the year: which in that low, flat, unhealthy Southern Climate, is fatal in the extreme, to the strong, robust constitutions of our Western Brethren: hence many of them fall victims to Climate and disease, leaving families and friends at a great distance from them.
The want of proper accomodations for poor and infirm Seamen and Boat men at New Orleans is another very serious Inconvenience, our poorer Class of fellow Citizens are much subjected to, in that place. It is really pitiable to see such numbers of distressed objects, as sometimes present themselves to view, in the sickly months, who have been left to shift for themselves, after their Employers have made their markets. Something like an Hospital Establishment, to be superintended by American Physicians, would go a great way to alleviate the distresses of these useful men. I mention American Physicians, because our People are strongly prejudiced against those of the Spanish Faculty; and generally not understanding the language they derive little or no benefit from them.…

   Partial Tr, two copies (DNA: RG 46, President’s Messages, 7A-E2; and DNA: RG 233, President’s Messages, 7A-D1). Headed “Extracts of a letter from E M [sic] Bay Esqr to the Secretary of State, dated at Charleston 4th Nov. 1802 [sic].” Jefferson transmitted the extracts to Congress along with other documents on 24 Feb. 1802 (see ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Commerce and Navigation, 1:490–94). On Bay, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:185 n. 7.

   Wagner placed an asterisk here and wrote at the bottom of the page: “*Those of the Western Country.”


Title: To James Madison from Nathaniel Fellowes, 4 November 1801
From: Fellowes, Nathaniel
To: Madison, James

Letter not found. 4 November 1801. Calendared as a one-page letter in the lists probably kept by Peter Force (DLC, series 7, container 2). This is probably the letter mentioned in Elbridge Gerry to JM, 9 Nov. 1801, which indicates that it was a recommendation by Fellowes for the appointment of his nephew, Nathaniel Fellowes, Jr., to a consulship at Havana.


Title: To James Madison from Thomas Jefferson, 5 November 1801
From: Jefferson, Thomas
To: Madison, James

Th: J. to J. M.Nov. 5. 1801.
Will you consider whether a copy of the inclosed sent to each head of department would be best, or to avail myself of your kind offer to speak to them. My only fear as to the latter is that ⟨t⟩hey might infer a want of confidence on my part. But you can ⟨de⟩cide on sounder views of the subject than my position may admit. ⟨If⟩ you prefer the letter, modify any expressions which you ⟨m⟩ay think need it. Health & affection.

   RC (DLC: Rives Collection, Madison Papers). Edge of RC clipped. For enclosure, see Circular Letter from Thomas Jefferson, 6 Nov. 1801.


Title: To James Madison from Rufus King, 5 November 1801 (Abstract)
From: King, Rufus
To: Madison, James

5 November 1801, London. Reports that war’s end has occasioned a review of the British diplomatic corps. Hears that Liston will be sent to Holland instead of returning to America. Jackson has been appointed minister plenipotentiary to France and will reside in Paris during the congress at Amiens. Once peace is concluded, Lord Whitworth, formerly in Russia, will go to Paris and Jackson to America as Liston’s successor.

   Letterbook copy (NHi: Rufus King Papers, vol. 54). 1 p.; marked private. Printed in King, Life and Correspondence of Rufus King, 4:11.


Title: From James Madison to Arthur St. Clair, 6 November 1801
From: Madison, James
To: St. Clair, Arthur

Sir,Department of State: Washington, 6th Novr. 1801.
A letter has been received at this Office from the Governor of the Indiana Territory, stating that the following documents are necessary to guide him in the decisions he is authorized to make upon the claims for lands lying in that Territory; but which are now in the Office of the Secretary of the North Western Territory.
“A Book in which all the land claims of the former territory were entered seven or eight years ago under the direction of Governor Sargeant.

“One other book which contains the decisions of the Governor and the orders of survey in those cases acted on by him and a number of papers deposited in the hands of the Governor by persons who claim land under the law of the 3d of March 1791 and whose claims have not been decided on.”
As these documents relate only to titles of lands in the Indiana Territory, to promote dispatch in the decisions upon them, the President has thought fit to direct that they should for the present be deposited with the Secretary of that Territory, upon his receipt to return them to their present place of deposit, whenever he shall be duly required.
That this determination may be carried into speedy effect, I have to request you immediately to send them to the Indiana Territory by the Mail, if in your opinion it affords a safe mode of conveyance and the documents are not too cumbrous, or otherwise to employ a special Messenger to carry them thither.
I shall write to Governor Harrison and acquaint him with this arrangement. I have the honor to be, Sir, very respectfully your most Obt. Servt.
James Madison

   RC (OCHP: James McBride Letters). In a clerk’s hand, signed and franked by JM.

   Letter not found.

   On 7 May 1800, under the guidance of Republican congressman William Henry Harrison and over the objections of Federalist governor Arthur St. Clair, Congress had passed a bill dividing the Northwest Territory into two parts. The western, or Indiana, section was headquartered at Vincennes under Harrison, who was appointed governor. The eastern, or Ohio, section remained under the governorship of St. Clair (Beverley W. Bond, Jr., The Foundations of Ohio, vol. 1 of The History of the State of Ohio, ed. Carl Wittke [Columbus, Ohio, 1941], pp. 450–54).

   No letter from JM to Harrison on this subject has been found.


Title: Circular Letter from Thomas Jefferson, 6 November 1801
From: Jefferson, Thomas
To: Madison, James

Circular to the heads of departments, and Private.
Dear SirWashington Nov. 6. 1801
Coming all of us into Executive office new, and unfamiliar with the course of business previously practised, it was not to be expected we should in the first outset adopt, in every part a line of proceeding so perfect as to admit no amendment. The mode & degrees of communication particularly between the President & heads of departments have not been practised exactly on the same scale in all of them. Yet it would certainly be more safe & satisfactory for ourselves as well as the public, that not only the best, but also an uniform course of proceeding, as to manner & degree, should be observed. Having been a member of the first administration under Genl. Washington, I can state with exactness what our course then was. Letters of business came addressed sometimes to the President, but most frequently to the heads of departments. If addressed to himself, he referred them to the proper department to be acted on: if to one of the Secretaries, the letter, if it required no answer, was communicated to the President simply for his information. If an answer was requisite, the Secretary of the department communicated the letter & his proposed answer to the President. Generally they were simply sent back, after perusal, which signified his approbation. Sometimes he returned them with an informal note, suggesting an alteration or a query. If a doubt of any importance arose, he reserved it for conference. By this means he was always in accurate possession of all facts & proceedings in every part of the Union, & to whatsoever department they related; he formed a central point for the different branches, preserved an unity of object and action among them, exercised that participation in the gestion of affairs which his office made incumbent on him, and met himself the due responsibility for whatever was done. During mr. Adams’s administration, his long & habitual absences from the seat of government rendered this kind of communication impracticable, removed him from any share in the transaction of affairs, & parcelled out the government in fact among four independant heads, drawing sometimes in opposite directions. That the former is preferable to the latter course cannot be doubted. It gave indeed to the heads of departments the trouble of making up, once a day, a packet of all their communications for the perusal of the President; it commonly also retarded one day their dispatches by mail: but, in pressing cases, this injury was prevented by presenting that case singly for immediate attention; and it produced us in return the benefit of his sanction for every act we did. Whether any change of circumstances may render a change in this procedure necessary, a little ⟨experience⟩ will shew us. But I cannot withold recommending to the heads of departments that we should adopt this course for the present, leaving any necessary modifications of it to time & trial. I am sure my conduct must have proved, better than a thousand declarations would, that my confidence in those whom I am so happy as to have associated with me, is unlimited, unqualified, & unabated. I am well satisfied that every thing goes on with a wisdom & rectitude which I could not improve. If I had the Universe to chuse from, I could not change one of my associates to my better satisfaction. My sole motives are those before expressed as governing the first administration in chalking out the rules of their proceeding; adding to them only a sense of obligation imposed on me by the public will, to meet personally the duties to which they have ap⟨pointed me.⟩ If this mode of proceeding shall meet the approbation of the heads of departments, ⟨it may⟩ go into execution without giving them the trouble of an answer: if any other can be suggested which would answer our views, and add less to their labours, that will be a sufficient reason for my preferring it to my own proposition, to the substance of which only, & not to the form, I attach any importance. Accept for yourself particularly, my dear Sir, assurances of my constant & sincere affection & respect.
Th: Jefferson

   RC (DLC); FC (DLC: Jefferson Papers). RC is a letterpress copy with no addressee indicated.

   For a discussion of Jefferson’s management of the executive branch of government, see Cunningham, Process of Government under Jefferson, pp. 27–30.