Title: To James Madison from Tobias Lear, 18 October 1803
From: Lear, Tobias
To: Madison, James

No. 2. Sir, Gibraltar October 18th: 1803
My last (duplicate of which I have the honor to transmit by this conveyance) was down to the 26 of Sept. On that day the U. S. Frigate New York, left this bay on a cruize off Larache, Mogodore &c. On the 29th the U. S. frigate John Adams returned from her cruize, without having met the Moorish Frigate Maimona, which was the object of her search. At the same time our Consul, Mr. Gavino, recd a letter from Mr. Jarvis, our Consul at Lisbon, informing him that the said Frigate had arrived at Lisbon on the 13th ultimo, without having captured anything, so that we were happily releived from our anxiety occasioned by the report from Cadiz of her having taken 4 Am. Vessels.
On the 30th. of Sept. the U. S. Frigate Constitution came into the Bay, the weather having been so bad for some days past as to make her continuing in the Straits, not only useless, but even hazardous. Commodore Preble stated to me the information he had recd from Mr. Simpson relative to our affairs when the Constitution was off Tangier. The Empr. of Morocco denies having given orders to capture Am. Vessels—has liberated Mr. Simpson from his confinement—ordered him not to have any communication with Hashash, nor attend to any directions he might give—expresses a strong wish to be at peace with the U. S. agreeably to the Treaty of 1786—proposes that what has been taken on both sides shall be given up—and that the affair of the Moushouda, taken off Tripoli, under his flag, be investigated and decided upon equitable principles. He is expected at Tangier on Tuesday, when the commodore intends going down with the Constitution to meet him, and requests that I will accompany him, which I readily consented to do.
In the afternoon of this day (Octr 1st) the U. S. Brig Syren, Capt. Stewart arrived from Philada.
On the 2d. the U. S. Fr. John Adams sailed from Gibraltar Bay to go off Larache &c. to meet the New York, and return with her to Tangier Bay to join the Constitution, and display before the Emperor a respectable force, and be able, in the event of decided hostility, to shew him that we were able to injure him more than by capturing his Vessels.
On the 3d, Commodore Preble recd dispatches from Mr. Simpson, enclosing his further correspondence with the Emperor & his Prime Minister on the subject of our Affairs; stating that the Empr. was sincerely disposed to peace, and desired that the Ship Mirboha, shd. be brot. to Tangier to be deld. up to him, in the event of an amicable adjustment of our differences—that he had given an Order for the release of the Am. Brig Hannah, Crew & Cargo detaind at Mogodore, wh. shd. be deld. up without loss—and earnestly desired the Commodore might meet him at Tangier. Mr. Simpson recommended that the Mirboha shd. be brot. down, agreeably to the Empr’s wishes; which the Commodore determined to comply with, and accordingly sent a Lieut. and 20 men from his own Ship to put her in order and take her over to Tangier when the Constitution shd. sail, wh. wd. be this evening. And Orders were given to Capt Stewart of the Brig Syren to sail at the same time, with a convoy of Am. Vessels bound to the Westward, and proceed with them 20 leagues out of the Straits. We got under way about 7 o’clk with a light air of wind. The Syren & her Convoy got under way at the same time; but without much prospect of getting out of the Bay with this light wind. The Mirboha not being quite ready the Lieut. on board was ordered to follow the Commodore to Tangier as soon as possible.
On Tuesday the 4th. we reached Tangier Bay, and came to anchor about 12 o’clk, within a short distance of the Forts. At the same time the U. S. Schooner Nautulus, Capt Sommers, came to Anchor in the Bay—we having met him off Tangier, and the Comde. giving him orders to that effect.
A boat was got ready to send on shore from the Ship, to bring off any communications wh. Mr. Simpson might have to make, when her going was rendered unnecessary by a Spanish boat coming off with a letter from him to the Comde. saying that the Empr. wd. be here tomorrow, and requestg that the Comde. would, if agreeable to his own ideas on the subject, dress ship, and salute the Empr. on his arrival, as he conceived such a complemt. wd. be attended with good effects. The Comde. readily agreed to it.
After sun set, all hands were called to quarters, and every thing prepared for Action; which continued so through the night; the men sleeping at the Guns. (The same order was observed every night until our affairs were fully settled with the Empr.) This was a very proper and judicious measure to prevent the possibility of a surprize by an attack from the Forts, if they shd. be disposed to annoy us; and it had a most excellent effect on the Moorish Capt & Officers on board, by convincing them that the Ams. wd never be taken by surprize or unprepared.

On Wednesday the 5th. the Empr. arrived at Tangier about 2 o’clk P.M. when the Commodore saluted him with 21 Guns & dressed Ship. In the evening a boat came off with a letter from Mr. Simpson to the Comde. saying that the Empr. had sent his prime Minister to Tituan on business, and that he wd. not give an Audience or enter into any negociations until his arrival.
Early in the Morng of the 6th the U. S. Fts. N Yk & Jon. Adams came to anchor in the Bay; and at 8 they saluted with 21 Guns each, which was returned by the Forts, with a like number of Guns for each Ship.
In the forenoon Mr. Simpson came on board the Constitution for the first time. He observed that the Empr. had sent him word that he might either go off to our Ships, or the boats might come on shore with perfect safety, and that all things are, as they were before. This permission was given without any application on the part of Mr Simpson. Mr S. expressed a full expectation of everything being perfectly adjusted; but that nothing wd. be done until the arrival of the Minister from Tituan; and indeed he expressed a wish that the Empr. might not be pressed to an attention to our affairs until the Minister’s arrival, lest he shd authorize some other person to adjust the differences, who might not be so well disposed towards us as he knew the Prime Minister to be.
Friday Octr 7th. In the morng the Comde. sent a boat on shore, with a Flag to carry a letter to Mr. Simpson. At noon the Empr. appeared on the Battery, for the purpose of having a better view of the Ships. The Comde. upon seeing him there, saluted him with 21 Guns, which, it appears, had a very good effect upon him. In the afternoon he sent off to the Ships a present of 10 Bullocks & 20 Sheep, which was considered as a strong evidence of his wishes for an accommodation, as it had never been customary heretofore to send presents of this kind to Men of War, until after the Commanders had landed and had an audience.
Saturday Octr. 8th. Mr. Simpson came off this morng to Breakfast, when we had much conversation with him on the subject of settlg our differences with the Emperor. On his return on shore Mr. S. found a letter for him, from the Empr. enclosing an Order for the release of the Vessel, Crew & Cargo detained at Mogodore, signed by himself & sealed with his private seal, without any conditions annexed to it; and appointed 12 o’clk on Monday for an audience to be given on the subject of our affairs.
Sunday Octr 9. The weather was too bad to admit of any communications with the Shore. A strong gale of wind from Wt. with heavy squalls & violent rain, continued all day. The Ship’s cable was cut off by the Rocks, and finding her birth very bad, the Comde. got under way in the afternoon, stood out of the Bay, & retd again to a new birth.
Monday Octr. 10th: At 11 o’clk A.M. Commodore Preble & myself went on shore, having recd. satisfactory assurances of safety & permission to return on board. On reaching Mr. Simpson’s House, the Sweedish, Danish, Dutch, French & Spanish Consuls called to pay their compliments. At 12 o’clk, a message came from the Castle that the Emperor was ready to receive us. We repaired thither, and after waiting a short time, were conducted through a narrow passage (lined with the Emperor’s guards) leading to a pair of large folding doors, which appeared to open into an interior Apartment of the Castle. When we had got within 20 paces of the folding doors, the Empr. made his appearance, from a side passage, near these doors, and seated himself on the Step of them. The Moors bowed to the Earth, and we, as requested, uncovered our heads. After this ceremony the Empr. sent his Prime Minister (who had arrived this morng from Tituan) to Mr. Simpson and the Commodore, to assure them of his friendly dispositions towards the U. S.—his regret at what had happened, wh. he declared was without his Orders, and his readiness to do whatever might be desired to restore harmony and a good understanding. He hoped that his Ship wh. had been captured by the Phila. wd. be restored, together with his subjects in our possession, as he had given orders for the restoration of the Vessel &c. detained at Mogodore—and he also expressed a wish that the Ship Mishouda, wh. had been taken enterg the Port of Tripoli, with his flag, might be given to him as a favor, declaring that if the Capt. had attempted to go to Tripoli, it was contrary to his orders, and he shd. answer it with his Head. He acknowledged that her attemptg to enter Tripoli made her a good prize to us; but he requested her restoration as a favor (and particularly as Comde. Morris had, upon her being captured in May last, written to Mr. Simpson, saying, that if it was shewn that the act of her going to Tripoli was without the Empr’s orders, she shd. be restored to him. The purport of wh. letter had been communicated to the Empr.) and declared that if she shd. be given up she shd. never go beyond the extent of his own Dominions while we might be at war with Tripoli.
In answer to this the Empr. was told, that we were equally desireous of peace & freindship with him, provided it could be secured on a permanent & solid foundation; that we only wanted a Solemn & formal ratification & confirmation of the Treaty made with his Father in 1786, with the best assurances the nature of the thing wd. admit, that it shd. not be violated or altered, on his part, durg the term for which it is to continue. That what we had done was only in consequence of the conduct of the Commander of his Vessel, which he had disavowed—that we were perfectly ready & willing to give up his Ship Mirboha and his subjects, upon a ratification being made, and a certainty that all am. Vessels wh. had been, or might be detained in his ports, or captured by his Cruizers, shd. be given up with their Crews & Cargoes, without loss; but that the restoration of the Mishouda wd. be a subject of further consideration. To all this the Empr. readily assented, and then desired that the Comde. & Mr. Simpson might advance nearer to him, which they did, within a few paces. While there, they had a further conversation on the foregoing subjects; when the Empr. assured them he wd. grant all we had asked, and wd. empower his Prime Minister to settle the business immediately, to our entire Satisfaction. Mr. Simpson informed the Empr. of the unworthy treatmt he had recd. from Hashash, the Govr. of Tangier, who had confined him without just cause, and contrary to our Treaty made with his Father, which he considered as a high indignity offered to the Nation which he represented, as well as to himself. The Empr. declared it was done without his order or knowledge, that it was an aggression improper & unmerited, and that it shd. never happen again. The Comde. informed him that he had his Ship Mai[m]ona, with his High Admiral, in his power; but had let her pass in friendship, finding she had the regular passport from our Consul; but that we could have no confidence in future in passports, or any other documents, if the late instance of them was not disavowed & correctd. He also expressed to him, in strong language, the superior advantages which he wd. receive from a full & secure commercial intercourse with the U. S. who, tho’ prepared for war, and always ready to meet it, if necessary, yet prefered peace & commerce.
The Empr. attended to these observations, again repeated his strong desire to be on the best terms with the U. S. and his readiness to ratify & confirm our treaty of 1786, in evidence of this disposition. He said the Ship Maimona had no orders to capture Am. Vessels, wh. was a proof that what had happened with the other Vessels was a mistake, and could never have been sanctioned by him. He said he shd. write a letter to the President of the U. S. confirming all he had said. After the Audience was broken up, the Prime Minister took the Comde. & Mr. Simpson into an apartment of the Castle, where he had a conversation with them on the points before stated, and promised that the letter to the Presidt. of the U. S. the order for the restoration of all Vessels wh. had been or might be detained or captured, and the other documents shd. be made out without delay.
The Ship Mirboha arrivd in Tangier Bay while we were with the Empr. and anchored near our frigates, which afforded the Empr. an opporty of makg a comparison between his Ship & ours as to size. At the same time the U. S. Brig Syren passed down the Straits, with her Convoy from Gibratr. We dined at Mr. Simpson’s, and retd on bd. the Constitution after dinner. The Moors, as we passed through the Town, expressed by their words & looks, the high satisfaction they felt on the purport of our differences being amicably settled.
Tuesday Octr 11th Comde. Preble went on shore this forenoon to have a further conference with the Prime Minister on our Affairs. He had the letter from the Empr. to the Presidt. of the U. S. and two orders, prepared (one to go by sea and one by land) for the release of the Vessel at Mogodore, and all others wh. had been, or might be taken or detained. It was intended to have been made a point with the Comde. that in future no passport for a Cruizer, shd. be demanded of our Consul, but in writing, under the seal of the Empr. to prevent his Governors from obtaing them as had been lately done: But as this was a subject in wh. the other Consuls were also deeply interested, and as they had determined to make a joint application to the Empr. thereon, it was thot. best to wave it, for the present, and unite with them in this business.
The subject of the restoration of the Ship Mishouda to the Empr. was again mentioned at this meeting; when finding it was requested as a favor, and under the restrictions before mentd. and seemed to be a thing wh. wd. be highly gratifying to the Empr. who had already shewn so earnest a desire of being upon the best terms with us, and especially too, as Comd. Rodgers, (under whose controul she was since the departure of Comde. Morris) had, this morning, very readily consented to release her, if it could be productive of good to us, particularly after the letter wh. had been written to Mr. Simpson by Comde. Morris—Comde. Preble did not hesitate to say she shd. be restored. This was recd. with strong marks of sensibility & satisfaction.
The Empr. ordered that the U. S. Ships of war shd. be furnished with 20 Bullocks—50 Sheep & 100 doz of fowles, which was a very extraordinary supply.
Wednesday Octr 12h I went on shore early this morng with Comde. Preble. We found the Empr. on the point of departing for Fez, and his prime Minister was soon to follow him; but, previous to his going, he sent for the Comde. & Mr. Simpson, to whom he recapitulated the Emperor’s strong assurances of peace & friendship, and his readiness to evince this disposition by every means in his power; and expressed the high satisfaction of the Empr. on being assured that he shd. have the ship Mishouda restored to him; and again declared that the Moorish Capt. of that Ship shd. lose his head for daring to disobey the Emprs Orders in attempting to go into Tripoli.
We retd. on board after an early dinner, when the U. S. Brig Syren coming into the Bay, the Comde. did not permit her to anchor; but put on board the letters to be forwarded to our Consuls at Malaga, Cadiz, Lisbon, Bourdeaux, London &c &c and to the Secretaries of State & Navy Departmts.—and ordered her to go to Gibraltar to get ready for takg under her convoy, such Am. Vessels as might be bound up the Meditern. At the same time he dispatched the U. S. Schooner Nautulus to Mogodore, with our copy of the Empr. order for the release of the Am. Vessels &c. and directed Capt Sommers to return immediately to join him at Gibraltar. The U. S. F. Jno. Adams, left Tangier Bay the same time for Gibraltar.
Thursday Octr 13th. I went on shore with Commodores Preble & Rodgers. The letter from the Empr. to the Presidt. of the U. S. was copied & translated, and the other papers prepared. In the Eveng the U. S. F. N Yk got under way for Gibraltar.
Information was recd from our Consul at Gibraltr that a yellow fever of a very malignant nature had appeard at Malaga; in consequence of wh. all communication with that place & other Ports of Spain was cut off—and advising against having any communication with Vessels from thence.
Friday Octr. 14th I went on shore in the forenoon with Comde Preble, when all the business with the shore was ultimately closed. We retd. on bd. in the afternoon & got under way for Gibralter, salutg the Fort, wh. was retd. with an equal number of Guns.
Saturday Octr. 15th. We anchord in Gibralter Bay about 10 o’clk A.M. when we found the U. S. Fts. N. Yk & Jno. Adams & Brig Syren.
I have now, Sir, given you a detail of occurrences up to the 15th of Octr. and for a more full & satisfactory acct. of the transactions with the Empr. and the ultimate adjustmt. of our differences with him, I must refer you to the copies of the various letters & documents of every description, wh. will be transmitted to the Secy. of the Navy & yourself, by Commodore Preble, who is as indefatigable in furnishg full information of everything wh. occurs, as he is active & able in producing events, wh. may render such communications necessary & agreeable.
I trust the President will receive, with full Satisfaction, the news of our differences wh. Morocco being settled almost as soon as he will hear of their havg assumed a serious aspect. A concurrence of fortunate events put into our hands one of the Emp’s frigates, and about 160 of his subjects; and the junction of the outwd & homwd. bound Squadrons, at this place, in a critical moment, gave an oppy of displaying a large force effectually protectg our trade—and striking no small terror into the inhabitants of the court. The activity of the Squadron was equal to its unexpected appearance. Every Seaport in the Empire, from Mogodore to Tituan, had one or more Cruizers off, to prevent the entrance or departure of any Vessels. The Empr came to Tangier. Our frigates were drawn up ready to destroy his town, if he shd. be determined on hostilities. The impression was strong; and, the Empr. not only disavowed, in the most positive manner, every thing that had been done on his part of a hostile nature; but offered anything we could ask. A very important point with us was to obtain a full & unequivocal ratification of our Treaty made with his father in 1786. This was at once complied with, and not a demand or intimation of the expectation of a present from us, either in a gross sum, or by way of annuity. Thus was that business, which threatened serious evil to the commerce of the U. S. in these seas, happily terminated in a few days.
In giving up to the Empr. his Ships & subjects, he had an evidence of our readiness to oblige him, and to cultivate a further good understandg; at the same time it was not injuring or disobliging ourselves in any degree; for the Ships were scarcely worth takg to the U. S. and his subjects were an expense & burthen upon us. It is, however, presumed that, as they were acknowledged to be fair prizes, the U. S. will pay to the Captors accordg to their valuation, as a due encouragemt. for exertion, and a reward for the readiness with wh. they were resigned without a reservation.
In givg up these Vessels we can only be said to give a quid pro quo; for we understand that the Am. Brig detained at Mogodore, had a valuable Cargo, mostly of India goods, wh. wd. amt. to considerably more than the Appraisemt. of the Ships.
Before I close this subject, I must do justice to the active & judicious measures pursued by Comde Preble, as well as the disinterestedness with wh. he appears to act on all occasions, by saying that the spirited & determined manner in wh. he wrote to Mr. Simpson, on his first arrival, requestg that the same might be communicated to the Empr.—and his subsequent conduct correspondg with that determination, has been productive of very happy events. The disposition made at Tangier had, undoubtedly the good effect to prevent any intreigues being used to turn the Empr. from his purpose of a satisfactory accommodation of our differences; for the best Houses in the Town belonged to the Consuls individually, or nationally: and their being fully persuaded that the town wd. have suffered, probably have been destroy’d, in case the business shd. issue in a complete avowal of hostilities, kept them at least quiet, perhaps might have influenced some to endeavor to promote an accommodation. Comde. Rodgers deserves great credit for the cordiality & activity wh. wh. he has cooperated in such measures as were intended to promote the best Interest of the U. S. And, indeed, the conduct of the Commanders of the Vessels engaged in this service, appeared to be influenced by the same desire to terminate this business speedily & happily, that actuated the person who conducted it.
But notwithstandg this business has been brot. to this favorable issue, and has terminated in a way that astonished all persons here, acquainted with Barbary Affairs; particularly as the Empr. has lately thot proper to increase the tribute on some nations, wh. has been acceded to; yet I still entertain the opinion I had before, vizt, that if they shd. have captured a number of Am. Vessels, before their Cruizers were stop’d, and their Ports b[l]ockaded, the thing wd. not have been disavowed; but if [sic] wd. had been solicitous for a peace, it could not have been purchased on any tolerable terms for less than 50,000 dolls.—and perhaps on no terms wd. our former treaty have been ratified & confirmed; for it is considered by far the most favorable that any nation has with the Empr. And I am also fully of opinion that this Court shd. never be left entirely destitute of armed Vessels, while it may be thot. any ways necessary to keep a force in these seas.
I have no doubt but we are perfectly secure agt. molestation from them, for some time to come; and, in the meantime, Comde. Preble will make such arrangts. for security here, as his present force will permit; consistent with his other objects; but if all the force now here, be wanted at Tripoli, and [sic] addition will become necessary for this coast.
In conversation with Mr Simpson, he mentiond to me repeatedly, with deep regret, that the Empr. had never been noticed by our Govt. for many years past, even so much as to have written him a letter, and he has reason to think that that is considered as a pointed neglect; and that the long-promised Gun carriages havg never been furnishd, confirms the idea of our holdg him in contempt. Our peace is now renewed & confirmed, as far as the forms of these people ever confirm anything, and not a word has been said, by them, about the Gun carriages, or an intimation of a present. This may be considered as leavg it optional as to the fulfilmt. of the former promise; but wd. not good policy dictate the propriety of fulfillg it now, and makg it appear as a new obligation? For I presume these people never forget the non-fulfilmt. of a promise, however justifiable a nation may be in not complying with their engagemts. to them. Mr S. also laments that he hears so sledom [sic] from the Departmt. of State, as to be left almost without instructions; and at a loss to know whether his conduct be approved of or not. He complains of the lowness of his salary, and that he has repeatedly informed Govt. that he coud not continue in his place unless it shd. be increased; and particularly as he has no house furnished him as is the case with other Consuls at Tangier. He now has a few inconvenient rooms in part of a house belonging to, and occupied by the Sweedish Consul. His own House in the Country is a pleasant & convenient summer residence; but in winter it becomes necessary to reside in Town, to be at hand to receive or give information to Vessels &c.
I am persuaded, Sir, you will not consider the foregoing observations as an officious interference in matters wh. do not come immediately under my cognisance; but place them, as they truly ought to be, to the acot. of my desire of giving you all the information in my power, on subjects wh. relate to your departmt. and wh. you may not be likely to receive from another source.
The U. S. Brig Syren will sail immediately with a Convoy for Leghorn. Mr. Cathcart takes passage in her, and will send by her to Algiers, the Consular Present, Cash &c. I have the honor to enclose copies of Mr. Cathcarts letter to me, my answer thereto, and my letter to Comde. Preble on this subject (Enclosures No. 1. 2. 3.).
The Ship Betsy Walker arrived here yesterday from Algiers, where she landed the Stores shipd on board her. Mr. Gavino has a letter from Mr OBrien (a Copy of wh. he will probably transmit you) by this ship; but it mentions nothing of importance relating to our affairs at Algiers. He says the dey wants some of his subjects wh. were in the Tripoline Ship. If there were any such we will take them up in the constitution; but I have never understood there were any of that regency on board.
We shall sail for Algiers in a few days. The Comde. merely waits the arrival of the Schooners Enterprize & Nautulus, wh. may be expected every day. The Brig Argus is anxiously looked for from Boston. With every Sentiment of respect & sincere attachment. I have the honor to be Sir, Your obliged & Obd. Servt.
NB. First sent by the U. S. Ft. New York—Commodore Rogers—sailed Octr. 18th. and the second by the U. S Ft. Adams—Captain Campbell.

   RC and enclosures (DNA: RG 59, CD, Algiers, vol. 6); letterbook copy (owned by Stephen Decatur, Garden City, N.Y., 1961). RC incomplete. For enclosures, see nn. 1–3.

   Enclosed is a copy of Cathcart to Lear, 16 Oct. 1803 (2 pp.), informing the latter that in addition to articles worth 12,418 Spanish dollars, Cathcart was in possession of U.S. property worth $2,950 sent to him by Richard O’Brien and between $23,000 and $24,000 in cash, all of which was at Lear’s “immediate disposal.”

   Lear enclosed a copy of his letter to Cathcart, 17 Oct. 1803 (2 pp.), requesting that Cathcart purchase the articles necessary to complete the consular present for Algiers at Leghorn, sending them on to Algiers by Captain Stewart of the brig Syren, and enclosing a receipt for the $2,000 remitted to him by Cathcart as well as a letter to Appleton at Leghorn.

   Enclosed is a copy of Lear to Preble, 16 Oct. 1803 (1 p.; 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)., 3:139), requesting orders for Captain Stewart to carry Cathcart to Leghorn and then to transport the consular present from that port to Algiers.

   RC ends here; the remainder of the letter is taken from the letterbook copy.


Title: To James Madison from Sylvanus Bourne, 18 October 1803 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

18 October 1803, Amsterdam. “I have the pleasure to acquaint you of my safe return to this City a few days past & that on the first of next month I shall resume my official functions & be prepared to attend to any commands you may have for me in course of the public service.” Has not had time “to obtain correct information relative to the present state of Affairs in Europe” but will write “soon fully on this head.”

   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 Thomas T. Davis, 18 October 1803 (Abstract)
From: Davis, Thomas T.
To: Madison, James

18 October 1803, Kaskaskia, Indiana Territory. “Since I left the City of Washington last March I have spent much time in exploring this Country & upper Louisiana, the Country is not such as Common fame reports it to be. On this side of the Mississippi there is a great want of Timber & Water, some very good Land a Large proportion indifferent. On the other side the Mississippi the Land near the river is rich but as you leave the River tis broken & ordinary.” Should “a Division of this Territory take place or a new Territory be formed,” requests that the president nominate him as governor. “My general acquaintance with this Country & the people, does in my opinion fit me for the Office thus far, as to my other qualifications, the President can be at no loss. My standing in the Estimation of the people in the Western Country will render such an appointment very popular.” Adds in a postscript: “I shall spend this Winter near Danville Kentucky.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Davis”). 2 pp.; docketed by Jefferson. Printed in Carter, Territorial Papers, Indiana, 7:125.


Title: To James Madison from John Gavino, 18 October 1803 (Abstract)
From: Gavino, John
To: Madison, James

18 October 1803, Gibraltar. No. 135. Refers to his last letter, no. 134 [14 Oct. 1803], and congratulates JM “on the Settlement with Morrocco,” of which Preble and Lear have no doubt informed him. Transmits a copy of a letter from O’Brien dated 14 Sept.

   RC (DNA: RG 59, CD, Gibraltar, vol. 2); enclosure (DNA: RG 59, CD, Algiers, vol. 6). RC 1 p.; docketed by Wagner. For enclosure, see n. 1.

   Enclosed is a copy of O’Brien to Gavino, 14 Sept. 1803 (2 pp.; docketed by Wagner), announcing the arrival of the Betsy Walker at Algiers on 12 Sept. and giving details of the dey’s negotiations with Portugal.

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


Title: To James Madison from James Leander Cathcart, 19 October 1803 (Abstract)
From: Cathcart, James Leander
To: Madison, James

19 October 1803, Gibraltar. Informs JM that he will proceed “to Leghorn in the Syren the first westerly wind.” “I have given Mr. Lear every information in my power, & will dispatch the Syren from Leghorn to Algiers with the Consular present with the greatest dispatch.” Announces that peace has been concluded between the U.S. and Morocco; refers JM to Preble and Lear for the details.

   RC (DNA: RG 59, CD, Tripoli, vol. 2). 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, 19 October 1803 (Abstract)
From: Pichon, Louis-André
To: Madison, James

19 October 1803, Georgetown. Encloses two commissions and requests exequaturs for Jean-François Soult as French commissioner of commercial relations for South Carolina at Charleston and Alire Raffeneur Delille as vice-commissioner of commercial relations for North Carolina at Wilmington.

   RC (DNA: RG 59, NFL, France, vol. 1). 2 pp.; in French; in a clerk’s hand, signed by Pichon. Enclosures not found.

   Jean-François Soult (1771–1823), brother of Gen. Nicolas-Jean de Dieu Soult, served as prefect of Lys, 1811–14 (Tulard, Dictionnaire NapoléonJean Tulard et al., Dictionnaire Napoléon (Paris, 1987)., p. 1586).


Title: To James Madison from Daniel Clark, 20 October 1803
From: Clark, Daniel
To: Madison, James

Sir
New Orleans 20 October 1803
I have this Evening had the Honor of receiving your Letter of the 16th. ulto.
I have hitherto been fearful that the details and information in my power to convey from this Country would rather prove tiresome than acceptable and on that account have only risked troubling you with what I thought indispensable, I am happy to learn that these Communications will not be taken amiss and it will always afford me pleasure to prove my desire of being useful.
Whatever may have hitherto been the intentions of the Prefect, and these must have been regulated by the secret instructions received from his Court, the unexpected Cession of this Country to the U. S. and the political Situation of France have now rendered a change of measures necessary, and that decided enmity to the Individuals & Government of the U. S. which was so strongly marked in the Language and Actions of the Prefect has now given place to more pacific & friendly Views, and a more conciliatory Language & Conduct, and if I except a wish to gratify his Vanity by retaining possession of the Province a few days I believe he will place no obstacle whatever in the way of the delivery of it to the Commissioners appointed by the U. S. for that purpose. Much trouble arising from etiquette may be expected, but as I flatter myself the Persons appointed for so important a Commission will be Men of talents & Experience and possess a knowledge of the World, this will be easily got over and it will require from such People but little exertions to make every thing easy and acceptable in the outset and reconcile all Parties to our Government from which the greatest Benefits are confidently expected.
In saying that I am confident we shall experience but little difficulty from the Prefect in taking possession I count fully on a sincere disposition at present on the part of France to fulfill its stipulations with us and the most positive orders given to the Prefect to comply with them—from the Man himself we have every thing to apprehend if left to the suggestions of his own violent temper & inclinations. He has however compleatly lost the confidence of the People of Louisiana, and would find no effectual support whatever at this Period, in an attempt to elude or delay the delivery of the Country.
I have in my former Letters repeatedly mentioned the bad terms on which he stood with the Officers of the Spanish Government, and their mutual Jealousies & mistrusts, which occasioned some time since an official Communication from the Governor that all Correspondence between them must cease, unless on points relating to his Mission. An incident has since occurred which has put an End even to exterior Civilities, and in future the Prefects residence here will be a continued series of Mortifications to which his Pride & Insolence have justly exposed him.
Friday the 14th. was the Birthday of the Prince of Asturias, the Marquis de Casa Calvo as Commissioner for the surrender of the Province gave a splendid entertainment in honor of the day, to which all the first Characters & People in Office were invited. Among them were the Prefect & his Suite, the Adjutant General, of the French Troops & a Lt Col. of Engineers. The Vice Consul & myself were likewise invited. The Prefect on entering was received by the Marquis with the utmost Civility, was saluted by & returned the Civilities of the Guests, and being entreated by him to enter an inner apartment to free himself of his Hat & Sword and accompanied by the Marquis who conversed with him, he pretended then to notice for the first time the Adjutant General with whom he was on bad terms, and whom he had some time since attempted to have shipped off for France—’twas on this Occasion when his Wishes were not complied with, that he informed the Governor & Marquis, he had directed them to execute his Orders, not to discuss the propriety of the Measure or make opposition to it. After remarking the Adjut. General he seized his Hat which he had already laid down, said aloud, he could not stay where the other was and in spite of the expostulations of the Marquis who entreated him on account of the Day & the Guests that he would moderate his Passion & remain, he went away in a rage followed by his Suite to the astonishment of all present. It was immediately known that this scene was premeditated, he knew of the Invitation to the Adjutant General, had seen his Carriage at the Marquis’ gate and contrary to his usual Custom had given Orders to his own Coachman to wait his return. This insult was felt by the Marquis and would have been instantly punished in a personal Way had he not been restrained by his Friends—in his Anger he turned to the Governor & told him, that in future he alone must transact Business with the Prefect as no Communication whatever should from thence forward take place between Mr Laussatt & himself. This incident was resented by all present, and was so much felt as an insult that on the following Monday almost all the Guests who had been previously invited by the Prefect to an entertainment on that day; among whom were one of the Alcaldes & 8 officers of Rank in the Spanish Service absented themselves without sending Excuses, and he can expect nothing but a repetition of such mortifications on all succeeding occasions.
I have entered into this detail of a Business trifling in itself, to shew you the Character and overbearing disposition of the Man, his unaccommodating temper and the consequences that result from it.
These animosities between the two authorities, French & Spanish, will prove favorable to us if the Persons appointed on our part to Offices here, know how to avail themselves of the Opportunity they present, there can be no Collusion, no Union between them to injure us, on the contrary each Party will endeavor to serve us at the Expence of the other, will mutually betray and lay open each others Plans, and will to shew their detestation of each other vie, in their friendly Offices, but much will depend on the dispatch made on our part to take possession, while a Sense of mutual Injuries is fresh in their Breasts & before they can reflect on the magnitude of the Sacrifice made to us. Spain has hitherto as I have before communicated given her Officers no official intelligence of the Cession to the U. S., they are prepared to deliver the Country to France, and will attempt no opposition to us unless Orders to that effect of a very positive Nature should be communicated, in which case, the smallest preparations on their part will disclose their designs & enable us to baffle instantly all their projects. They are besides so weak as to be under the necessity of making the Militia of Orleans do garrison duty, a thing never done but in cases of necessity, and on that Militia, or on any other Force they might attempt to oppose to us, there could be placed no reliance, as the People are too well acquainted with their own weakness, with our strength our ability to punish & the immense advantages they will derive from the expected Change to give us any Opposition were they even in a Situation to do it with effect. So far from being disposed to injure us, you may be positively assured that of the Officers sent here to take possession are Men of Sense and address, that most of the Officers in the Spanish Service will resign their Commissions and remain in the Province as will all the monied men & People of Property, who daily flock to me to testify the Joy they feel on the present prospect of happiness. Although a few of the Merchants, Adventurers, & lower Class of the People are the only persons who have ever been much attachd to the present Government of France, or who in the worst of Events would think of giving trouble, still I cannot help advising that as strong a force as is consistent with the Views of our Government be at first sent here. The People are unaccustomed to Freedom and on the change of Government may become licentious, they have always paid obedience to an armed Force not to the Law, and may look upon our Government as weak if not supported by military authority. These Precautions if taken may afterwards appear needless, but they will be the means of preventing difficulties which without them would have arisen & this force may shortly be otherwise desposed of when the necessity for its remaining will be no longer apparent, and when the People on the Frontiers in the Posts of Atacapas, Opelousas & Natchetoches who are nearly all French, who from their situation have not the means of acquiring information, and are excessively ignorant, can be made to learn the Principles of a free Government and comprehend the advantages resulting from good Order. These are the only Places where the Prefects Emissaries had met with any success in persuading the lower Classes of the People that they would be benefitted by the arrival of the French among them, and it became necessary on the part of the Spanish Government to arrest and bring to the Capital the Commandant of Atacapas and an Agent of his who were issuing Orders there in compliance with directions from the Prefect.
With respect to the military force in this Province and its disposal I refer you to the inclosed Memorandum from which you will perceive that it is in itself trifling, is dispersed over a vast extent of Country, and cannot easily be concentrated. The Force of the Militia and the position of the different Settlements you are already in possession of, and it must be apparent that with a little exertion on the part of our Officers stationed in the Mississippi Territory, joined to the Militia of that Country and our numerous Partizans here, even before assistance could be sent from other Parts of the U. S., all Communication between the distant settlements and the Capital could easily be cut off before they were aware of the Blow about to be struck & that our disposable Force in that Quarter, backed by threats of Vengeance on the part of the U. S. in case of opposition, would be sufficient even to put us in possession of New Orleans itself by a coup de main before effectual Measures could be taken for its defence.
On the whole I am fearful of very little trouble with respect to taking possession—the trouble I apprehend will be more likely to occur afterwards when all the Evils attendant on a Change of Government viz a new Language, new Officers, new Laws, new Courts & new forms of Justice, &c &c &c are felt and before the blessings expected can be realised. In this last it must be expected that all will be enthusiasts, and those who are not immediately gratified will be disgusted. Add to this the anarchy now existing, the necessity of an immediate organization, the diversity of nations of which we are composed, our jarring political Sentiments, our entire ignorance of political Liberty, the different Opinions of what would best suit us, the violence & impatience of the Creole Character, and you will conceive a part of the difficulties the Man will have to labor under, who will have the task of governing us imposed on him and the necessity that he should be a person of talents experience and even Consequence at home, in order to inspire Confidence in his Measures. Under these impressions I respectfully suggest in compliance with the wishes contained in your Letter, that the Government of this Country may at first be made so lucrative as to make it desireable to persons of the first talents & Character in the U. S. that the Commissioner or Commissioners sent to take possession may be qualified with respect to talents, address & Fortune for the trust reposed in them and that the Form of Government granted to us be as energetic as the Constitution of the U. S. will permit, and as our local Circumstances & Character require.
I have constantly endeavored to possess the Spanish authorities with the idea (knowing how pleasing it was to them) that our Government might be induced to give the Western side of the Mississippi for the Floridas, and in consequence of this their Jealousy has been lulled, it would however be necessary that the Commissioners should be perfectly instructed with respect to the extent of Country they should claim on that side, and how they were to act in case of any opposition to deliver up the Province, unless they accepted of certain Boundaries favorable to the spanish Government—this is the only difficulty I apprehend on the part of Spain, and it is merely a conjecture on my part that such a difficulty could possibly occur which I wish we might be prepared for in case of the Event.
I take the Liberty of inclosing to you a lengthy & ill written Parody of the Prefects Proclamation now circulated here, it is the work of a French Planter and will give you an idea of their Sentiments and the horror & disgust which the sale of themselves & the Province has inspired them with.
Be pleased to assure the President that I shall carefully watch and advise you of every symptom indicative of a hostile or unfriendly disposition towards us from any Quarter whatever and that I shall spare no pains or exertions to increase the attachment of the People of this Country to the Government of the U. S. I have the Honor to remain very respectfully Sir Your most obedient Servt.
Daniel Clark
P. S. The delay of the Letter you allude to which had not reached you is occasioned by the irregularities in the Post office Department. I have this day received Letters from Philadelphia with the Post Mark of the 12th. August and we are tired of complaining of the injuries we suffer in consequence. I am even fearful that my Letters do not always reach you. The duplicate of a Letter from the Secretary of the Treasury came to hand open, and my Friends in the Atlantic states complain to me of the same irregularities. As the Post has arrived late and returns early in the Morning you will I hope impute to a want of time, that I have not been able to be more correct in what I have been obliged to write in haste.

   RC and enclosure (DNA: RG 59, CD, New Orleans, vol. 1). RC docketed by Wagner. For surviving enclosure, see n. 1.

   Clark enclosed a “Memorandum of the Military Force and Garrisons in Louisiana” (1 p.; docketed by Wagner), estimating the total military force at 1,190 men at ten posts.

   Enclosure not found.


Title: To James Madison from Robert R. Livingston, 20 October 1803
From: Livingston, Robert R.
To: Madison, James

No 87 Dear Sir Paris 20th Octr 1803
The business of the guarantee has lain dormant till today. The minister of the treasury has just left me. He is very anxious that I consent to make it. He says that the first consul thinks it very extraordinary that the minister with him should have scruples when the minister at London has none and is ready to oblige him. What am I to do? I have not had a line from Mr Monroe Since the letter I Sent you. I see what use may be made of this even if the treaty is ratified and the handle it will give to a certain party to alledge that we have violated our neutrality &c. The late hour on the contrary to which the ratification is postponed is considered here as such an evidence of inattention as will endanger the treaty if the exchange is not made in time and the nonperformance of Mr. Monroes engagement may be made the pretence as has been intimated to me if the first failure comes from us. I dare Say the President has the best reasons for the delay—it is however very distressing to me, not to be furnished with the means of Stating them. The board of commissioners Still Sit without doing any thing, in expectation as they Say of hearing from you. The business of the export of cheese from Batavia is Settled, as I requested, & orders Sent from here to revoke the decree. The First Consul will leave this for the Sea coast next week and there is every reason to believe that the attempt upon Britain or Ireland is not very distant. The affairs of Spain & Portugal are not yet arranged. Morocco has given orders to take our vessels, from what I can learn the cause of complaint is our capture of the tripolitan Ship that had been Sold to him, tho’ in fact She was taken returning to Tripoli. The Cecilia is retaken by Capt. Bainbridge as well as the cruiser that took her as I believe I have informed you. It will certainly be well to keep a Strong force in the Mediterranean & off Cape St Vincents—our conduct with respect to the Barbary powers, does us great honor in Europe & has Served much to distinguish us.
I must again pray you to think of the expediency of employing packets, & giving convoys to the Straits, & the South of Europe. It is now more than four months Since the date of the last letter I have had the honor to receive from you Judge of my impatience at this critical time. I have the honor to be Sir With the most respectful esteem & consideration Your most obt hum: Servt
Robt R Livingston

   RC and draft (NHi: Livingston Papers); RC (DNA: RG 59, DD, France, vol. 8A). First RC in a clerk’s hand, signed by Livingston; docketed by Wagner; decoded interlinearly. Italicized words are those encoded by Livingston’s secretary and decoded here by the editors (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:304–5 n.). Second RC marked “Duplicate”; docketed by Wagner; decoded interlinearly.

   Miscoded “xy” in the first RC and not decoded; the draft reads “none” here.

   Miscoded “fem” in the first RC and not decoded; the draft reads “even” here.

   Miscoded “to among” and decoded “among” in the first RC; the draft reads “to a.”


Title: To James Madison from Samuel Latham Mitchill, 20 October 1803
From: Mitchill, Samuel Latham
To: Madison, James

Sir October 20th. 1803
The House of Representatives having made an Order that the part of the President’s Message which relates “to the regulations to be observed by foreign vessels within the jurisdiction of the U. S., to the restraining of our citizens from entering into the service of any of the belligerent powers of Europe; and to the exacting from all nations the observance towards our Vessels and citizens of those principles and practices which all civilized people acknowledge,” be referred to the standing Committee of Commerce and Manufactures, I have called on the Secretary of State, as Chairman of that Committee, to request the aid and information which he can afford, towards framing a proper Bill for restraining the Evils alluded to. I shall be glad to learn whatever the Secretary may think proper to lay before the Committee, and to receive all instruction on these subjects that ⟨he⟩ shall think proper to communicate. Respectfully I remain yours
Saml L Mitchill

   RC (DLC). Docketed by JM.

   The House resolution to which Mitchill referred was passed and sent to a select committee on 18 Oct. 1803. On 19 Oct. the select committee was discharged and the resolution was referred to the Committee of Commerce and Manufactures (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 8th Cong., 1st sess., 373–74, 377–78).


Title: To James Madison from Thomas Barclay, 20 October 1803 (Abstract)
From: Barclay, Thomas
To: Madison, James

20 October 1803, New York. “I have the honour to enclose you the copy of a letter which I yesterday received from Commodore Hood, Commander in Chief of His Majesty’s Ships of war on the Windward Station, notifying the Blockade of the Islands of Martinique and Guadeloupe by the Squadron under his command.”

   Tr and Tr of enclosure (PRO: Foreign Office, ser. 5, 38:316–18). Tr 1 p. Printed in ASP: Foreign Relations, 2:595. Enclosure (1 p.; printed ibid.) is a copy of Samuel Hood to Barclay, 25 July 1803.


Title: From James Madison to Louis-André Pichon, 21 October 1803
From: Madison, James
To: Pichon, Louis-André

Washington October 21st. 1803.
Mr. Pichon having communicated to the Secretary of State, a clause prepared to be inserted in the exchange of ratifications of the Treaty’s between the United States and the French Republic signed at Paris on the 30th. of April last, it is deemed a proper reciprocity that such a clause as the following be likewise inserted—“and the said Secretary of State declares in the name and by the order of the President, that the ratification on the part of the United States, is not to be binding but in the case that the engagement contracted by France relative to the delivery of Louisiana to the United States shall be fulfilled; so that if Louisiana be not delivered by France, according to the tenor of the treaty, the United States will be free to declare the said Treaty, and Conventions, void.”
The Secretary of State at the same time submits it to the consideration of Mr. Pichon whether an omission of those clauses, which leaves the instrument in question to every legitimate interpretation and inference, would not be most conformable to the confidence subsisting between the parties, as well as the usual mode of proceeding in such cases.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14); FC (DNA: RG 59, Notes to Foreign Ministers and Consuls, vol. 1). The letterbook also includes JM’s and Pichon’s ratifications of the treaty.

   For the clauses, see Pichon to JM, 30 Aug. 1803, and n. 2.


Title: To James Madison from Daniel Clark, 21 October 1803
From: Clark, Daniel
To: Madison, James

Sir
New Orleans 21 October 1803
I take the Liberty of forwarding to you the inclosed remarks which have been just given to me by Mr Jones of this City in answer to some Questions put to him on the subjects therein mentioned. He had no idea of their being sent forward or he would have been more particular, and I have not even time before the Post sets off to make a fair Copy of them. I have been induced to send them to shew you I am not singular in my idea of a military Force and an efficient Government being indispensably necessary to maintain Order here. As Mr Jones was my predecessor in Office you have I presume a knowledge of his talents and I have myself a great reliance on his Judgment & Experience. I have the Honor to remain very respectfully Sir Your most obedient Servt.
Daniel Clark

   RC (DNA: RG 59, CD, New Orleans, vol. 1); enclosure (DNA: RG 59, TP, Orleans, vol. 2). RC docketed by Wagner as received 22 Nov. For enclosure, see n. 1.

   Clark enclosed a memorandum (6 pp.; docketed by Wagner: “Hints of Evan Jones respecting the mode of administering justice in Louisiana”; printed in Carter, Territorial Papers, Orleans, 9:83–84) which pointed out the difficulty with which justice would be enforced in the new territory, particularly in the outlying districts. Jones insisted that “some assistance of military force, will … be absolutely necessary to support the Civil magistrates, especially in the beginning.” Jones also suggested the problem of finding proper magistrates and advised an enlargement of a judge’s traditional powers that would “naturally cease, as soon as the Inhabitants acquire a competent idea of the laws.”


Title: To James Madison from James Monroe, 21 October 1803
From: Monroe, James
To: Madison, James

no. 16. Sir London Octr. 21. 1803
I have not yet presented a note to this govt. respecting the impressment of our seamen, as I intimated to you in my last I shod. do. Mr. Erving is very attentive to the object, who most probably obtains every thing that can be expected on it at this time. I am persuaded that at no former period had we so little cause of complaint for injuries under this practice. Some however have occurr’d which merit serious attention. The subject is in itself difficult, & I wish to insist on no principle which cannot be maintaind. A permanent regulation can only be established by treaty. My object will be to obtain a relaxation on certain points which will be useful to us & perhaps lay the foundation at some future time for an equitable convention on the subject. Our neutral rights in other views seem to be well respected. Except to certain specified ports, as Havre in France, & the rivers Elbe & Weser which are declared to be in a state of Blockade, our flag is uninterrupted; and scarcely an example has occurr’d of our ships being brought in on the pretext of having enemies property on board.
I informed you in my letter of Augt. 31. that I had signed and transmitted to mr. Livingston an instrument of guaranty for 10. millions of livres in favor of the house of Hope & Co: on which they would advance to the French govt., if he joined me in it, a like sum on account of our stock which they have purchased of that government. I have lately recd. a letter from him by wh. it appears that he had misconceived my idea respecting the mode or condition on which that act should be presented on our part to the French government. He supposes that I thought we ought to obtain of it, a stipulation that it would not take advantage of any delay in the ratification of the treaties or creation of the stock, beyond the terms specified, before the delivery of the guaranty, & has suspended the measure till he recieves my sentiments on that point. I have accordingly written him that in my opinion our act shod. not be made dependant on any such previous declara⟨ti⟩on or stipulation, because I did not think that the French govt. had a right to take advantage of such delay, and because if it had, that under all the circumstances of the case it was unnecessary, since the acceptance of the money imposed as strong an obligation as could ⟨be⟩ given to the object for which it might be desired. ⟨I⟩ presume on the rect. of this letter he will unite with me in the measure & deliver the instrument to Mr. Marbois.
On my arrival here Mr. Pinkney informed me that the interest which the State of Maryland hold⟨s⟩ in some stock in the bank of England, had been committed to his care by our government. In consequence I requested & obtained an interview with Lord Hawkesbury, in which I had the pleasure to accompany Mr. Pinkney who presented to his Lordship the evidence of his authority & was recognized by him as specially intrusted with the managment of that interesting concern. I observed in substance to the minister that as that subject was committed to the care of a citizen so well qualified to manage it as Mr. Pinkney was known to be, it remained for me only to express a wish that it might be concluded on such principles & terms as he might approve & be satisfactory to the parties. His Lordship replied that by the situation in which it was plac’d by Mr. King, his majesty was to convey it to the state of Maryland, when it became vested in him, which he certainly would do: but that being now in the court, it must have its course, and was while there beyond his controul. I am very happy that this object is intrusted to the managment of Mr. Pinkney since in addition to the great propriety of the trust in other respects, his being a citizen of the state will inspire it with more confidence that it will be duly attended to, and be more apt to procure satisfaction in the result. Should any further act on my part be necessary, which is quite improbable, you may be assured that it will not be omitted. Mr. Pinkney will of course correspond with you on this subject, to whom it is proper that full power be given to bring it to the most early & favorable conclusion. I am Sir with great respect & esteem yr. obt. servant
Jas. Monroe

   RC (DNA: RG 59, DD, Great Britain, vol. 12); letterbook copy (DLC: Monroe Papers).

   See Monroe to JM, 29 Sept. 1803.

   Monroe no doubt referred to Livingston’s 13 Sept. 1803 letter to him (see Livingston to JM, 17 Sept. 1803, n. 8). Another copy of this letter (DLC: Monroe Papers) is dated 11 Sept. 1803.

   Monroe referred to his letter to Livingston of 9 Oct. 1803 (DLC: Monroe Papers; printed in Hamilton, Writings of MonroeStanislaus Murray Hamilton, ed., The Writings of James Monroe … (7 vols.; New York and London, 1898–1903)., 4:78–92).


Title: To James Madison from Louis-André Pichon, 21 October 1803
From: Pichon, Louis-André
To: Madison, James

Georgetown 28. Vendemiaire an 12 (21. octobre 1803.)
Le chargé d’affaires de la République Française n’a de son Gouvernement aucune instruction qui l’autorise, soit à admettre soit à rejetter, la contre déclaration que Monsieur le Secrétaire d’Etat propose par sa note de ce jour de consigner dans l’acte d’échange des ratifications du Traité et des conventions du dix floréal (30 avril) dernier. Dans tout autre Etat de choses que le présent, son devoir serait de référer cette proposition à son Gouvernement et d’attendre ses ordres. Mais ce moyen étant hors de son pouvoir dans les circonstances, Le Soussigné prend pour règle de sa conduite, le désir bien constant du Prémier Consul de voir exécuter de part et d’autre avec une promptitude et une loyauté égales, les engagemens réciproques contenus dans ces Traités et remplir sans délai les grands objets d’intérêt mutuel qu’ils se proposent. En conséquence sans discuter la clause produite par Monsieur le Secrétaire d’Etat, le soussigné désire procéder à un échange pur et simple.
Le soussigné croit d’ailleurs que les vues du Prémier Consul consignées dans la clause qu’il avait chargé le Soussigné d’insérer dans l’acte d’échange ont été Suffisamment notifiées au Gouvernement des Etats-Unis par la communication qui en a été donnée à ce Gouvernement dans la lettre que le chargé d’affaires de la République Française a eu l’honneur d’adresser à Mr. Madison le 12. fructidor (30 aout) dernier; et il ne doute point que le Gouvernement Américain ne donne à cette déclaration du Prémier Consul toute l’attention qu’elle mérite.
L. A. Pichon

Condensed Translation
Has no instruction from his government authorizing him to admit or reject the counterdeclaration that the secretary of state proposes in today’s note to enter into the instrument of exchange ratifying the treaty of 30 Apr. last. In any case but the present, his duty would be to refer this proposal to his government and await its orders. This, however, being out of his power, he takes as a rule for his conduct the first consul’s desire to see the reciprocal engagements contained in the treaties executed with dispatch and fairness in order to fulfill without delay the great objects of mutual interest they propose. Thus, without discussing the clause proposed by JM, Pichon wishes to proceed to an unconditional exchange.
Believes that the views of the first consul, as indicated in the clause he charged Pichon to insert into the instrument of exchange, have been sufficiently made known to the U.S. government by the communication enclosed in the letter Pichon wrote to JM on 30 Aug. last, and he does not doubt that the American government will give to the first consul’s declaration all the attention it merits.

   RC and Tr (DNA: RG 59, NFL, France, vol. 1). RC in a clerk’s hand, signed by Pichon.


Title: Circular Letter to American Ministers, 22 October 1803
From: Madison, James
To: American Ministers

(Circular) Sir, Department of State October 22d 1803
I have the honor to inclose a copy of the President’s communication to the Legislature at the opening of the Session which commenced on the 17th instant. On the 21st the Senate advised the ratification of the Treaty and Conventions with France respecting the acquisition of Louisiana, and I have the pleasure to add, that yesterday those instruments received the final sanction of the President and were exchanged by me with Mr Pichon the French Charge d’ Affaires. Under these circumstances nothing is left but to take possession of the Country for which purpose, after Congress shall have provided the means, they will be put into immediate activity.
The Treaty with Great Britain respecting our Northeastern and Northwestern boundaries will have been transmitted to the Senate to day, who will doubtless give it their concurrence. I have the honor to be with great respect & consideration, Sir, your most obt Sert.
James Madison

   RC (DLC: Rives Collection, Madison Papers); letterbook copy (DNA: RG 59, IM, vol. 6). RC in a clerk’s hand, signed by JM; addressed to Monroe at London and docketed by him: “circular announcing exchg of ratificatns.”

   Enclosure not found, but it was no doubt a copy of Jefferson’s Message from the President of the United States, to Both Houses of Congress, at the Commencement of the Session, 17th October, 1803 (Washington, 1803; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 5363).


Title: To James Madison from James Monroe, 22 October 1803
From: Monroe, James
To: Madison, James

private Dear Sir
London Octr. 22. 1803.
I enclose you a copy of a letter recd. not long since from Mr. Marbois and of my reply relative to the guaranty of ten millions of livres, of wh. you are already informd, and also of a communication with Mr. Livingston on the same subject. I comprize the latter in a private letter for the reason mentioned in my last, subjecting it nevertheless to yr. disposition. I have been very reluctantly engaged in this correspondence with M L. which has been unavoidable, & therefore I thought it best to answer all his objections in support of the ground on which I stood. Perhaps this discussion may be of use in moderating his views. It is probable it may prevent one nearer at home, by proving that he had but little to expect from it. However this latter idea is only conjectural & may be without foundation. I have given the communication the mildest aspect I cod., being really desirous of preserving a friendly footing with him.
I have no doubt that the calculation on us here, as being a party to the war was very great indeed. It is even probable that had it been known we shod. not have been, there wod. have been no war. Things had gone too far when our adjustment took place to recede, as is presumable. The object I suspect was to strike at the W. Indias & So. America, in the expectation of our federalists, that by our being a party, this govt. would have vast influence in our affairs, which they wod. controul & by means thereof bring themselves into power, & especially one of their leaders at the head of the troops, which after extensive operations elsewhere might have returned home to claim the reward of their services. There are many circumstances which satisfy me that our people of a certain character had laid a deep plan of this kind which has been most fatally for many undermined & defeated, but most happily for our people. The permission of Spn. to remain neutral to this time, is one of those, in which idea I think the govt. had acquiesc’d, even in the expectation that Spn. wod. pay France a certain sum in commutation for troops. Of late it is reported that the plan will change in consequence of the necessity imposed on Spn. & Portugal, by France to restrict England in some vital points. It is reported that orders are issued to forbid the clearing out of ships for Spn. or Portugal, and the Sph. minister on whom I called, who is an excellent man, with whom I was acquainted in 1797. at the Hague, could not be seen having been shut up the whole day as I was told by his family, who I found in much distress tho’ ignorant of the cause. It was hinted to me lately by a person of note that authority was given some persons, whom were not known, to raise troops in the UStates for the W. Indias. I shall inquire into this here, & give you the hint that you may be vigilant at home. If this be true it is a part of the plan above suggested. You will perceive the delicacy of these hints and of the absolute necessity of keeping them profoundly secret. I have not recd. a line from you since I came to England which gives me much concern. Mr. Prevost expresses a desire of employment in the new territory for reasons that are natural to a person in his situation. He is certainly an honorable estimable man for whom I hope some provision may be made. I enclose you his note to me, which you will consider confidential.
I hope Mr. Purviance will be here in a week or two, or that Mr. Maltby Gelston will. I requested you long since to be so good as offer the appointment to Mr. Purviance, and in case of his refusal to the latter, so that I hope to be relieved from my present most laborious embarrassing situation soon.
My daily expences without entertaining consume the salary; that is the household establishment carriage &c without entertainments and indispensable family disbursements which to suit the place have been & still are very great. We came from home meagre enough, but to all appearance we shall return more so. To borrow money here is unbecoming my place. Cannot you allow me the outfit for this place & leave the first advance, for settlement when I get home? If you find it proper I wish you to instruct the bankers here to that effect, considering the three thousand dolrs. advanc’d in France as a part of the outfit for this place. I hope in any event I shall be allowed half an outfit for Paris. The above arrangmt. may free me from trouble.
I send you a note of the silver smith at Paris who made the articles we let you have. It will perhaps enable you to fix the value of those articles, the amt. of which at yr. convenience I wish you to pay to Genl. Mason at Georgeton, on acct. of my former expences in France. I have not written him on the subject, so that he will give you no trouble. I am very sincerely yr. friend & servt
Jas. Monroe
I was fortunate & happy to find Mr. Sumter in this country, who acted with me & recd. the compensation as secretary while he staid. I found him a very able & honest man, enlarged in his information upon our affrs. in Europe & sound in his judgment. I thought he highly merited on the part of our govt, this little proof of attention thro me & was happy to shew it him.
I enclose also a letter from Mr Skipwith wh. it is proper for you to read with my answer.
I have wished & sought to convince this govt. by my moderation that we really want its friendship, or rather wish it. The questions in wh. we are interested, may be accomodated amicably; and I think it important that we shod. prove that we do not wish to avail ourselves of its embarrassmt. to obtain any thing unreasonable. However my moderation consists only in silence, for the reference wh. every thing said even on the above topic, has if it transpires to the other powers, makes extreme reserve & silence necessary.
I beg you to excuse me to the President to whom I intended to have written, but could not.

   RC and enclosure (DLC: Rives Collection, Madison Papers); partial FC (DLC: Monroe Papers). RC docketed by JM. For surviving enclosure, see n. 1.

   The enclosure is a copy of Barbé-Marbois to Monroe, 8 Oct. 1803 (1 p.), expressing Barbé-Marbois’s disappointment that Livingston had not cooperated in the matter of the guarantee and adding that Livingston’s decision had obliged him to change measures he had taken and occasioned difficulties which he had particularly felt. Barbé-Marbois asked Monroe to collect and transmit “all the information … upon the matter, and to facilitate a prompt execution as far as it shall depend” on him.

   Enclosure not found. Monroe had written to Barbé-Marbois on 10 Oct. 1803 (DLC: Monroe Papers; 1 p.; printed in Hamilton, Papers of Monroe, 4:92–93), attributing Livingston’s refusal to co-sign the guarantee to a misunderstanding between Monroe and Livingston and the delay in executing it to the time it took to clear up the matter. At that time Monroe had reassured Barbé-Marbois that Livingston would agree to the measure.

   Enclosure not found, but Livingston had written on 13 Sept. 1803 (NHi: Livingston Papers; 8 pp.) to inform Monroe that he believed that they had “no right either jointly or severally to make such [a] guarantee” and that a decision to extend one would be fraught with personal and political difficulties.

   Enclosure not found, but see Prevost to JM, 8 Aug. 1803.

   The note of the Paris silversmith was not enclosed in this letter (see JM to Monroe, 26 Dec. 1803 [DLC: Monroe Papers]).

   Enclosures not found.


Title: To James Madison from John M. Forbes, 22 October 1803 (Abstract)
From: Forbes, John M.
To: Madison, James

22 October 1803, London. “It is with extreme reluctance that I find myself so often Constrained to address you on the Subject of my own personal advancement.” Would be obliged, in the event that the U.S. consulate at Bordeaux “should be vacated,” by an offer of that post. “This is the more important to me, in the present state of Hamburg, whose Commerce is totally Suspended by the existing blockade of the Elbe.”

   RC (DNA: RG 59, CD, Hamburg, 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 Lee, 22 October 1803 (Abstract)
From: Lee, William
To: Madison, James

22 October 1803, Bordeaux. Wrote last on 6 Aug., enclosing his accounts, vouchers, and a list of U.S. ships entering Bordeaux from January to June 1803. Fears his letter was lost or destroyed, since it was carried by the ship Columbus, Captain Macey, which was captured by a Liverpool privateer. Encloses duplicates of all but his vouchers. Cannot send “a statement of the Charges on American & other Vessels on entering at this port” but will forward it “in the course of a day or two.” “Enclosed however is the Copy of a letter I have recd. from the Collector in answer to one I wrote him on the subject which is not sufficiently minute.” Also encloses a “list of the Vessels their Tonnage &c &c. which have cleared out at this office under the Consular Certificates,” according to JM’s instructions of 1 Aug. 1801. “I do this for a Guide to the Secy of the Treasury having lately understood that the present owners of those Vessels intend to solicit regular papers for them. Not one of these Vessels are entitled to registers they having been one and all heretofore sold and transferred to French Citizens.” Forwards a letter received “a few days since” from Skipwith; “annexed thereto” is a letter from Talleyrand to Livingston “containing some modifications of that extraordinary Law of 1st. Messidor.”
The brig Minerva, Captain Main, “arrived here yesterday from New York with a Cargo of Sugar Coffee & other articles with a regular Certificate of the Consul respecting the origin of the property,” but the certificate was refused by the collector “as not being in perfect form and coming from a man not as yet recognised by this Governt.” Has written to Paris, but “in the mean time the Vessel must remain without any entry.” “Every possible obstacle is thrown in the way of Trade it would seem as if this Government were determined no other nation should Enjoy the benefits of Commerce while they are deprived of it.”

   RC and enclosures (DNA: RG 59, CD, Bordeaux, vol. 1). RC 4 pp.; docketed by Wagner as received 7 Jan. 1804. For surviving enclosures, see nn.

   The enclosed list of vessels, dated 1 Nov. 1803 (1 p.), described fourteen ships under the following headings: name, captain, owner, home port, date of certificates, destination, date of clearance, cargo, and “where built.” For JM’s 1 Aug. 1801 circular, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:1–4.

   The enclosed copy of a letter from Skipwith, 12 Oct. 1803 (1 p.), covered a copy of a letter from Talleyrand to Livingston, 15 Vendémiaire an XII (8 Oct. 1803) (2 pp.; in French; docketed by Wagner), concerning several modifications of the arrêté of 1 Messidor an XI (20 June 1803): naval supplies and other goods from northern countries were to be admitted without conditions; ships truly forced into British ports that did not take on or discharge cargo and that were not otherwise suspected of carrying contraband would not be excluded from French ports; any goods not originating in Great Britain or its colonies would be admitted without formalities; and customs officials were authorized to receive certificates of origin as equivalents for the certificate required in the arrêté for goods originating in ports without French commercial agents.

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


Title: To James Madison from John Leonard, 22 October 1803 (Abstract)
From: Leonard, John
To: Madison, James

22 October 1803, Barcelona. “I did myself the Honor of addressing you on the 15th. [not found] and to which I beg leave to refer. Enclosed I beg leave to hand you the Depositions of Mr Stirling, accompanied by a Bill of Sale for the Ship Pomona, as extracted from the Books of the Notary at War; also a Certificate of the Character and Standing of Mr S: Signed by the most respectable Merchants in this place, which I forward by his particular request. The following circumstances attending the Voyage of the Pomona I conceive it my duty to lay before you.
“The Pomona was purchased by Mr Willis in his own Name somewhat about the Month of August 1801. and was equipped with, 8 Brass Cannon supplied by the Spanish Government for the protection of the Vessel in her Voyage to Egypt, with the View of Conveying a French General to that place, and who embarked in the Pomona. The Ship was Loaded by Mr Willis with a Valuable assorted Cargo, but as the Capital required therefor was more than he could conveniently advance, he divided a part of the necessary Sum into Shares of 500 Dollars each, and disposed of them to Some Merchants here, and to Some Americans who were at this place at the time. One F: Beaumes was employed to make Plates & Seals to imitate American Ship Papers, and he was paid for the Same by Mr Willis. It is also clearly evident that the Pomona navigated under Papers struck from those Plates & Seals, and I am now in possession of the one from which the Mediterranean pass was made.

“I conceive that in bringing this matter circumstantially before you that I only do what is incumbent upon me as a public Officer, and Shall always feel a particular Satisfaction in preventing or detecting any acts that may be detrimental or dishonorable to my Country.
“I am happy in the intelligence Mr Pinkney has given me ⅌Yesterdays post of the arrival of a person empowered to negociate and adjust our differences with the Barbary States, as our Trade has of late Suffered much in consequence of the misunderstanding that exists between us. Such an arrangement appears to me to be particularly necessary and desirable as the greatest part of the products of the late acquisition to our Territory must be vended in the Ports in the Mediterranean.”

   RC and enclosures (DNA: RG 59, CD, Barcelona, vol. 1). RC 3 pp. For enclosures, see n. 1.

   Leonard enclosed a copy of a deposition by Peter Stirling, 17 Oct. 1803 (3 pp.), consisting of fifteen statements about William Willis and the Pomona; a copy of the bill of sale of the ship Chatham (Pomona), including a history of the transactions involving this ship (6 pp.; in Spanish); and several attestations as to the character of Peter Stirling, dated 17 and 20 Oct. 1803 and signed by over thirty persons (3 pp.; in Spanish).


Title: To James Madison from William Willis, 22 October 1803 (Abstract)
From: Willis, William
To: Madison, James

22 October 1803, Barcelona. Wrote last on 11 Oct., expressing his belief that “the french Government have an intention of procuring the Floridas from spain.” Is “confident this is the case, and if they procure it, they will have a situation which will Enable them in case of a rupture to destroy our trade with the Mississippi by have [sic] a large extent of coast between our other cost and that river.” Notes that “in the Floridas there are many places where they can erect impregnable fortresses.” Believes that France expects “to give Spain little or nothing for it as those Provinces are a charge to the Spanish Government and may of Course be procurd by the American Government with Ease.” “I have been Confind to my bed near six weeks, caus’d by the medecine given me to destroy me.” Hopes to recover. “I shall remain in Spain untill I know the Presidents pleasure, whether he pleases to give me the appointment of Consul for Madrid.”

   RC (DNA: RG 59, CD, Barcelona, vol. 1). 2 pp. Willis wrote another letter of this date to JM which is similar in content (ibid.; 2 pp.).

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


Title: To James Madison from Francis Bailey, 23 October 1803 (Abstract)
From: Bailey, Francis
To: Madison, James

23 October 1803. “The death of Col. Bauman of New-York has lef[t] the Post-Office without a Master. I know of no man in the United-States, who would fill that office, with more ability, or greater integrity, than Philip Freaneau.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Freneau”). 1 p.; docketed by Jefferson. Printed in Fred Lewis Pattee, ed., The Poems of Philip Freneau (3 vols.; Princeton, N.J., 1902), 1:lxxx.

   Francis Bailey (ca. 1735–1815) was a Revolutionary War veteran and the editor of several newspapers, including the Philadelphia Freeman’s Journal. Bailey was also for a time official printer for Congress and the state of Pennsylvania.

   Sebastian Bauman (1739–1803) was a German-born Revolutionary War veteran who served as New York City postmaster from 1789 until his death (Kline, Papers of BurrMary-Jo Kline, ed., Political Correspondence and Public Papers of Aaron Burr (2 vols.; Princeton, N.J., 1983)., 1:458; Prince, Federalists and the Origins of the U.S. Civil Service, pp. 188–89).


Title: To James Madison from Sylvanus Bourne, 23 October 1803 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

23 October 1803, Amsterdam. Encloses a copy of the Leiden Gazette “under a new title owing to the old one having lately been forbid by the Govt here.” Notes that “as Mr Foreman from whom Mr Alexander at Rotterdam recd his appointment as agent in the Consulate has long since resigned his Commission & that Mr Alexander has never recd any appointment from Govt many embarrasments are found to arise in the due exercise of the Consular functions at that Port.” Wishes JM to put “that establishment … in proper order by a fixed appointment.”

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 1 p.; misdocketed by Wagner “1804.”

   Jefferson appointed Lawson Alexander (ca. 1768–1828), a Maryland lawyer, to replace Joseph Forman as commercial agent at Rotterdam on 9 Dec. 1803. The Senate subsequently confirmed him (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:459, 460, 461; Papenfuse et al., Biographical Dictionary of the Maryland Legislature, 1:103).

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


Title: From James Madison to James Monroe, 24 October 1803
From: Madison, James
To: Monroe, James

Sir, Department of State October 24th. 1803.
I have received from you letters of the following dates written after your arrival in London, viz the 19th 20th & 26th July, the 11 & 15th August.
I have the pleasure to inform you that the Treaty for Louisiana has been ratified in form, and is now before both Houses, for the Legislative provisions necessary with respect to the Stock, to taking possession, and to Governing the Country. There is no doubt that they will be made by very large majorities.
It will be agreeable to you to know that the ratifications were exchanged by Mr. Pichon and myself, unshackled by any condition or modification whatever. The note from me to him with his reply, of which copies are enclosed, will shew the turn and issue of our consultations on that point.
The information from Paris enclosed in your letter of the 15th August had been previously received here from the same source, and was followed by full proof of the discontent of Spain at the Transfer of Louisiana to the United States, in a formal protest against it from the Spanish Minister here in pursuance of orders from his Government. You will find herewith copies of his correspondence with this Department, of my letters to Mr. Livingston and Mr. Pinckney, and of Mr. Pichon’s to me on this subject; all of which were included in the communications to the Senate. These documents will put you in possession of all that has passed as well as of the present posture of the business. It remains to be seen how far Spain will persist in her remonstrances, and how far she will add to them resistance by force. Should the latter course be taken, it can lead to nothing but the substitution of a forcible for a peaceable possession. Having now a clear and honest title, acquired in a mode pointed out by Spain herself, it will without doubt be maintained with a decision becoming our national character, and required by the importance of the object.
In a late private letter I urged on your attention the British impressments from our Vessels on the high Seas, and even in situations aggravating extremely the aggressions on our rights. A number of the cases have been forwarded to Mr. Erving, and others remain to be so. From the disposition professed by the British Government, and from the redress, which it appears has been in several instances readily given on the proper representations, it is hoped that a juster way of thinking on the subject, and more respect for our rights and our friendship, are beginning to prevail. I propose to write to you more fully in a little time on this subject. The communications on it with Mr. Merry, who is daily expected, may perhaps have some influence on those proper to be made to you: Meanwhile you will not fail to press on the British Administration, the injustice and the injurious tendency of those occurrences, and the necessity of general and effectual regulations for controuling the misconduct of their armed vessels. A reform in this respect is indispensable to the preservation of good will between the two Countries. Two cases are herewith transmitted in which peculiar indignity and provocation have been offered to the United States; the one the case of the French Vessel Ann, the other an American Vessel called the Mahala. The papers herewith sent will explain these cases. It may justly be required and reasonably expected from the British Government, that prompt and compleat satisfaction be given in them; and you will so express yourself, in presenting them to its view. You will find another case of importance which is explained in my letter, to Mr. Thornton of Aug. 5th. of which, and of his answer, copies are added. With sentiments of the greatest esteem and consideration, I remain, Sir, Your mo: ob: hum: Servant,
James Madison

   FC and letterbook copy (DNA: RG 59, IM, vol. 6). FC in a clerk’s hand, signed by JM; pasted into the letterbook between the second and third pages of the letterbook copy. Enclosures not found, but see nn. 1, 2, 4, and 5.

   No doubt these were copies of the letters exchanged between JM and Pichon on 21 Oct. 1803.

   Enclosed with Jefferson’s 17 Oct. 1803 message to the Senate (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:506) were copies of Yrujo to JM, 4 and 27 Sept. and 12 Oct., JM to Yrujo, 4 Oct., JM to Livingston, 6 Oct., JM to Pinckney, 12 Oct., and Pichon to JM, 14 Oct. (second letter).

   JM to Monroe, 10 Oct. 1803.

   For the case of the French ship Anne, see Edward Thornton to JM, 13 Aug. 1803 (second letter). For the Mahala, see William Davies to JM, 24 Aug. 1803, and n. 1.

   For the impressments executed by Capt. John Erskine Douglas of the British ship Boston, see JM to Edward Thornton, 5 Aug., and Thornton to JM, 13 Aug. 1803 (first letter).


Title: To James Madison from John Sevier, 24 October 1803
From: Sevier, John
To: Madison, James

Sir Knoxville 24 October 1803.
Captain Richard Sparks of the Third Regiment have been stationed on the Mississippi for several years. His Lady and himself have suffered much in regard to their healths, which stil continues very much impaired. My object in Writing your honour on the occasion is, purely to solicit that Captain Sparks might be retained in Tennessee, at least, for a time sufficient for himself and Mrs. Sparks to regain their healths.
Mrs. Sparks is a Daughter of Mine and the thoughts of her returning shortly into that Sickly Country in her present debilitated State of health, is extremely distressing to all her friends.
I flatter Myself there can be employment found for Captain Sparks where he can render the public as much Service in the State of Tennessee, as in Any other Quarter: Your Attention And Consideration on the Occasion, will be considered as a favour that will lay me under the highest and most lasting obligations. I have the honour to be Sir, With sincere and great regard Your Most obedt. Servt.
John Sevier

   RC (DLC).

   Richard Sparks (ca. 1769–1815), a career army officer, was married to Sevier’s daughter, Ruth (1783–1824) (Sam B. Smith et al., eds., The Papers of Andrew Jackson [5 vols. to date; Knoxville, Tenn., 1980–], 1:116 n. 4, 3:98 n. 5; Cora Bales Sevier and Nancy S. Madden, Sevier Family History [Washington, 1961], p. 255).


Title: To James Madison from John Mitchell, 24 October 1803 (Abstract)
From: Mitchell, John
To: Madison, James

24 October 1803, Le Havre. Since his last letter, the port has been “so strictly watched that scarce any vessel has enterd.” “The Commerce of Havre is totally ruined.” U.S. ships are “deprived of the best & safest port from Cherbourg to Dunkirk, in fact, it is the only one in which vessells lay afloat or fitt for one above 200 Tons to enter.” U.S. trade will suffer, as American ships are “unfitt to take the ground.” Was informed by the U.S. consul at Gibraltar that the emperor of Morocco has declared war on the U.S. and that “He has a Ship of 30 Guns Cruising off Cape St. Vincent and two row boats of 4 guns & 50 Men in the Gutt.” Has also learned that Captain Bainbridge captured a Moroccan cruiser (22 guns and 100 men) “that had taken the Brig Ceilia of Boston (Cap. Dunn).” On 17 Sept. received word from Lisbon that a Moroccan ship had entered that port to be refitted. It had “22 Guns on the main, & 6 or 8 on the quarter Deck” and was described as having a “black bottom & sides except a very bright streak round the latter, taunt rigged, stern painted dove colour, no carved Work, a prow resembling a fiddle head, sides round of the Greek modle.” “Preparations for the decsent goes on rapidly in all the ports,” with forty to fifty gunboats fitted out at Le Havre having “saild for Boulogne & other ports.” “I believe all Arrived at their destination.”

   RC (DNA: RG 59, CD, Havre, vol. 1). 3 pp.; docketed by Wagner.

   Mitchell to JM, 19 Aug. 1803.

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


Title: To James Madison from Levett Harris, 25 October 1803
From: Harris, Levett
To: Madison, James

Sir, St. Petersburg 25th. October 1803.
I have the honor to Announce to You my arrival at this place, which, from a Succession of adverse winds encountered on my passage from England here, has been retarded to the 19. inst.
During a Short Stay I made in London I had the honor, through the polite attention of his Excellency Mr Monroe, to make the Acquaintance of the Russian Ambassador at that Court. The Ambassador had no doubt apprised his Government of my Character, as my mission was known here previous to my arrival.

On the 21st. I addressed a letter to the Count Woronsoff minister of foreign affairs, Acquainting him of my having reached the residence, and desired to be informed the time it would be agreeable to him to receive me. His Excellency the next day notified me that on monday, the day following, he would be pleased to grant me a reception; I waited on him Accordingly: on looking into my Commission he observed it to be in the english language, he immediately returned it, and requested me to present a french translation with the original this day, when they would be immediately laid before the Emperor.
The Minister expressed much satisfaction at observing the Rising state of the Commerce between the two Countries, and Congratulated the United States on the Acquisition of Louisiana which he regarded as a possession of the first importance. I remarked to him that the flourishing condition of the trade between the two Nations was viewed with equal interest by the President of the United States, whose desire was ardent to encourage and perpetuate the same; and which his Excellency had manifested on the occasion of my appointment. The interview here closed.
The American trade to the Baltic this year presents a gratifying perspective, ninety eight Vessels have passed the sound, of which Eighty three have been loaded here for the United States. I Shall be attentive to transmit a detail of particulars as soon as the sources of information in general present themselves.
As the Vessel by which I have this honor is now at Cronstaadt on the moment of departure, and it being the last American Ship remaining, I have hurried this by express that the occasion might not fail to be embraced. I have the honor to Remain with the highest respect, Sir, Your most Obedient Servant,
Levett Harris

   RC (DNA: RG 59, CD, St. Petersburg, vol. 1). Docketed by Wagner as received 15 Mar. 1804.

   Count Semyon Romanovich Vorontsov (1744–1832), brother of Count Aleksandr Romanovich Vorontsov, the Russian foreign minister, was Russian minister to Great Britain, 1784–1800, and Russian ambassador at London from 1801 to 1806 (Bashkina et al., The United States and Russia, p. 1139).


Title: To James Madison from William Lee, 25 October 1803
From: Lee, William
To: Madison, James

Sir Bordeaux Octr 25. 1803
Since my last official respects under date of the 6th Aug: I have been absent from Bordeaux having by the advice of my Physicians taken a trip to the Mineral Waters of the Pyrenees from whence after a residence there of six weeks I a short time since returned having almost intirely recovered my health to the astonishment of all my friends.
Shortly before my departure for the waters I forwarded you some wine as also a quantity for the President both of which parcels I hope have arrived safe. I was so very ill at the moment as to be confined to my chamber and most part of the time to my bed and was therefore obliged to trust to my friend Mr Perrot to put up these Wines. He chose the best qualities he could find but I am extremely mortified to learn since my return that the White Wines were of Barsac instead of Sauterne and that the Red Wine sent to the President though very superior was not of the growth he wished. The excuses Mr Perrot makes for having deviated from my instructions are that the Ripe Sauterne & Rozan Wines are all in the hands of the English merchants who ask an immoderate price for them say 3#/10s for the first and 7 livres for the last and that therefore he thought it most prudent to send the next best. I wish Sir you would have the goodness to mention to the President how mortified I am that his order has not been strictly complied with and you may rest assured that I shall repair mistake [sic] early in the spring when I expect from the abundant Vintage of this year & other circumstances Wines will be very cheap.
Accompanying this you have a file of the Moniteur. We have nothing new. The armies of the Republic both in Italy & in the confines of Spain are receiving reenforcements every day and the preparations for the descent are still going on. It is said Spain & Portugal have purchased of France their neutrality to which England has consented and that Russia Sweeden & Denmark have entered into a close alliance as some say for the purpose of supporting their neutrality. Some of the well informed men at Paris believe in Peace notwithstanding the active preparations which are going on for War. But the real fact is we know but little in this Country of political affairs & the papers are very barren. Thus much is certain that a general discontent reigns throughout all clases of Citizens. The people are burthened and depressed to death and a change will certainly before long be effected.
We have in this port about sixty flat bottom boats. These Vessels are from sixty to eighty feet long & proportionably wide being so constructed as to draw three & a half feet water at the bow & 4½ feet aft they are to carry a heavy piece of ordinance in the Bow and are well decked with hatches that unship fore & aft. They resemble very much the Coasters which ply from New York to Albany. They will contain from 150 to 300 Men & are large enough to go to China. With much respect I am Sir Your obedient Servt.
William Lee

   RC (DLC). Addressed as “a private letter.”


Title: From James Madison to William Lewis, 25 October 1803 (Abstract)
From: Madison, James
To: Lewis, William

25 October 1803, Department of State. In answer to his letter of 20 Oct., informs Lewis that his “losses in the case of the Schooner Maria having happened since the 30th. Sept. 1800, they are not covered by the Treaties with France respecting the acquisition of Louisiana.” The papers Lewis submitted to the State Department respecting his claim will be forwarded to Livingston at Paris “with a direction to pursue the measures proper to obtain such redress” as his case “may be susceptible of.”

   Letterbook copy (DNA: RG 59, DL, vol. 14). 1 p.

   Letter not found, but the contents no doubt described Lewis’s claim for the value of his schooner Maria and its cargo of lumber, taken from him by a French frigate in Tobago in December 1802 (Lewis to JM, 15 Oct. 1804 [DNA: RG 76, Preliminary Inventory 177, Records Relating to French Spoliation Claims]).