Title: To James Madison from Chauncy Bulkley, 30 March 1802
From: Bulkley, Chauncy
To: Madison, James

Honord Sir
Chatham in Connecticut March 30th 1802
I Take the Liberty of Calling on your Honer For Some Asistance in Gitting My Partner alfred Isham Recommend to the French Genral and Agants at the Iland of Hispanolia I Expected to Have ben at Washington My Self to Laid a Claim For a French Capture that I Sufferd in July 1797 but I Concluded to See What Congress Did on Account of French Spiolations if you Will Please to Write Me a Letter to the French Genral Recomending Me and My Partner Alfred Isham I Shall Ever Acnolige it as a Particular Favour From your Humble Servant
Chauncy Bulkley
If you Please to See Mr Granger the Genral Post Master and Mr Dana thay Can Inform you about Our Credit and abileties.

   RC (DNA: RG 76, France, French Spoliation Claims, folder B). For Pierpont Edwards’s introduction of Bulkley, see his letter to JM of 30 Oct. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:212).


Title: To James Madison from Joseph Pitcairn, 30 March 1802 (Abstract)
From: Pitcairn, Joseph
To: Madison, James

30 March 1802, Hamburg. Has received laws of last session of Congress from the U.S. consul at London. Observes that the number of U.S. ships coming to Hamburg will decrease with the peace but Holland will be a readier market for ships trading north of France and England. “Some Connection it appears to me may yet be maintained, for the Sale of Maryland Tobaccos, Rice and New England Rum—the Returns linens, either for Wear, or the West Indies, Russia goods, which are generally plenty, Window Glass, and Sheathing Copper.” A definitive peace is imminent; it is delayed by Spain and the election of Bonaparte as president of the Italian Republic. It is said Great Britain will keep Malta and Switzerland will be made truly independent. Indemnities remain a troublesome issue. Wrote to Livingston at Paris on 27 Jan. explaining his mode of accounting for money used in support of sick or distressed sailors pursuant to JM’s letter of 1 Aug. 1801 but has had no reply. Reports that in the case of the ship Hercules, Captain Story, of New York, he has had the “ready and able assistance of our Consul Saabye at Copenhagen … and we have the most sanguine hopes of not only getting the 100000 Dolls for the owners of the Hercules, but of obtaining a recall of that ordinance entirely.”

   RC (DNA: RG 59, CD, Hamburg, vol. 1). 3 pp. Postmarked Philadelphia, 13 June. Docketed by Brent as received 15 June.

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


Title: To James Madison from Fulwar Skipwith, 30 March 1802 (Abstract)
From: Skipwith, Fulwar
To: Madison, James

30 March 1802, Paris. “With the approbation of Mr. Livingston I have taken on myself to appoint Mr. James Anderson of Charlestown, So: Carolina sub commercial Agent for the port of Cette in the Mediterenean, and I take the liberty of adding my own request to his, that the President may be pleased to confer on him the appointment of Agent or vice-commercial for the aforesaid port and its dependences. The interests and conveniency of our trade to that port, have for some time past required the aid of such an Agent, and I beg leave through you, Sir, to assure the President that Mr. Anderson in that character is in every respect intitled to his confidence.”

   RC (DNA: RG 59, CD, Paris, vol. 1). 1 p.; docketed by Brent as received 6 Sept.

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


Title: To James Madison from Elias Vander Horst, 30 March 1802 (Abstract)
From: Vanderhorst, Elias
To: Madison, James

30 March 1802, Bristol. “As the Vessel is now on the point of Sailing I have only a moment left to enclose you the London Gazette Extraordinary, of yesterday’s date, containing an Acct. of the Signing of the Definitive Treaty of Peace, at Amiens, on the 27h. Instt.” Also encloses a few more newspapers and the last London price current.

   RC (DNA: RG 59, CD, Bristol, vol. 2). 1 p. Enclosures not found.

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


Title: From James Madison to J. C. Amory and Others, 31 March 1802
From: Madison, James
To: Amory, J. C.

Gentlemen
Washington, Department of State, March 31st 1802.
I have just written to Mr Pinckney, the Minister of the United States at Spain, and have called his attention to the case represented by your letter of the 22d January last, some time since received at this Office: and it will be well for you also to write to him on the same subject. I am, Gentlemen, very respectfully, Your Obedt Servant,
James Madison

   RC (DNA: RG 76, Spain, Treaty of 1819, Allowed Claims, vol. 59). In a clerk’s hand, signed by JM. Addressee not indicated. Docketed: “James Madison’s letter to J. C. A & other Owners of Ship Mercury recd April 10. 1802.”

   See JM to Pinckney, 30 Mar. 1802.

   Letter not found.


Title: From James Madison to Richard Harrison, 31 March 1802
From: Madison, James
To: Harrison, Richard

Department of State March 31. 1802
From the tenor of the within extract, the commencement of Mr. Dawson’s allowance seems to be fixed by the date of his leaving the seat of Goverment on his mission to France, and the termination of it by the arrival of the ratification of the Convention at the seat of Government on the 9th. of October 1801, it being presumed that if it had been brought by himself, as the instructions anticipated, the time would have been nearly the same. No better rule for an estimate offers itself. If the actual expence of his passage home had been ascertained by his direct return, that expence would have been the rule. As his return was not direct, it must remain with the Treasury Department to substitute a reasonable estimate. The instructions do not seem to warrant any allowance for expences beyond the daily compensation, and those of passage.
James Madison

   RC and enclosure (owned by Philip D. and Elsie O. Sang, River Forest, Ill., 1961). The enclosure (1 p.), in Brent’s hand and dated 29 Mar. 1802, is an extract from Dawson’s instructions, followed by the notation: “The Secretary of State, in answer to the Auditor’s note, sends him the foregoing extract from Mr Dawson’s instructions, and informs him that the Ratification of the Convention between this Country & France was received on the 9th of October 1801, at the Seat of Government.” For Dawson’s instructions, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:352 n. 1. Harrison’s note to JM has not been found.


Title: To James Madison from Louis-André Pichon, 2 April 1802
From: Pichon, Louis-André
To: Madison, James

Sir
Philadelphia 2d. April 1802.
I have received with your polite letter of the 26th. your answer to my St. Domingo note with your packets for france and for this latter Colony. I will forward them with due care. I have been very much mortified at receiving no Sort of answer to my overtures relative to bills and am extremely concerned if it is not in the power of the United States to aid france in So unexpected a Situation. We, I believe guaranteed the Dutch loan for them after peace, when of course we were not under obligation to do it. This good office appears not to be of the description of those which were rendered under common and reciprocal engagements and for common purposes. The credit of France must be very low indeed if the U. S. will not take bills on her treasury to make necessary remittances. If something had been done I would have taken up all the bills So impolitically and So unjustly forced on your merchants at St Domingo, and have agreed to take from the Stores of the U. S. Such articles as they might have wished to part with. I beg you will excuse the last mention which I will make in this confidential way on this Subject. My present difficulties have nearly broke my heart both as a french man and as the agent of my country.
If it could be by any means obtained could not, Sir, the Government put in my hands the whole amount of the claims. I will pay Mr ⟨Cheriot?⟩ immediately ⟨on⟩ my bill. I beg, sir you will accept of the assurance of my sincere regard and respect
L A Pichon

   RC (NN).

   JM’s reply to Pichon on the subject of Saint-Domingue is dated 25 Mar. 1802; if there was a covering letter of 26 Mar., that letter has not been found.

   In November 1781 France borrowed ten million livres from the Dutch government on behalf of the U.S. and guaranteed the repayment of the loan (Samuel Flagg Bemis, The Diplomacy of the American Revolution [Bloomington, Ind., 1967], pp. 168–69).

   This is a reference to French claims under the Convention of 1800, for which Congress was in the process of making provision. JM’s report of 11 Jan. 1802 had estimated the cost of carrying the convention into effect (JM to Jefferson, 11 Jan. 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:386).


Title: To James Madison from Jacob Lewis, 2 April 1802 (Abstract)
From: Lewis, Jacob
To: Madison, James

2 April 1802, London. Reports that he decided to visit Great Britain on his way to Calcutta to take up his post as U.S. consul “as well for obtaining an Exequatur which might render me independant of the Colonial Goverment of Bengal as for making some arrangements in my private & Mercantile affairs.” Applied for his exequatur through the agency of Rufus King on 9 Feb. “On the 30th. of March being the day on which the News of the Conclusion of the peace between Great Britain & France was announced I recd. the Inclosed Communication.… In Consequence of this disapointment I purpose to return without delay to the United States, & Encourage myself to hope that you will extend your kind patronage towards me in some simular situation.”

   RC and enclosures (DNA: RG 59, CD, Cape Town, vol. 1). RC 1 p. Enclosures are copies of King to Lewis, 27 Mar. 1802 (1 p.), enclosing King to Hawkesbury, 6 Feb. 1802 (1 p.); and Hawkesbury to King, 23 Mar. 1802 (1 p.). Hawkesbury refused to issue the exequatur because “as no Foreign Nation has a Consul at Calcutta, his Majesty’s Government Cannot sanction Mr Lewis’s appointment.” For Lewis, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:40 n. 5.

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


Title: To James Madison from Edward Stevens, 2 April 1802 (Abstract)
From: Stevens, Edward
To: Madison, James

2 April 1802, Philadelphia. Encloses Timothy Pickering’s observations on Stevens’s claim for reimbursement of expenses incurred during his mission to Saint-Domingue. Encloses as well a statement of his account with the U.S. and a certificate from James Yard. Has no doubt their testimony will show his claim to be well founded. Notes that he presented the grounds of his claim “when I had the pleasure of seeing you”; adds a few remarks on the various charges, including expenses for stores and passage money, the hire of vessels to carry dispatches, journeys on public business, advances to American seamen, house rent and personal expenses at Cap Français, and a secretary’s salary. Asks JM to point out the best mode of settling his account.

   Tr and Tr of enclosures (DLC: Jefferson Papers). Tr 5 pp. Enclosed in Gallatin to Jefferson, 31 Mar. 1804. Enclosures include copies of Stevens’s account with the U.S. (4 pp.), showing a balance of $27,325 in his favor; Timothy Pickering’s statement, dated 23 Mar. 1802 (4 pp.), of Stevens’s service as consul general at Saint-Domingue, supporting the “propriety and justice of his claim”; and the deposition of James Yard, dated 2 Apr. 1802 (2 pp.), attesting to Pickering’s promise to reimburse Stevens’s expenses for the mission to Saint-Domingue.


Title: To James Madison from William C. C. Claiborne, 3 April 1802 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

3 April 1802, “Near Natchez.” “It is confidently reported at New Orleans that East & West Florida’s are Ceded to France; I have understood, that no official information of the Cession, had reached the Governor General of Louisiana, and that he denies the truth of the report; it is nevertheless generally believed and has occasioned much anxiety & uneasiness among the Inhabitants of Orleans.” The territorial militia “continue in an unorganized state, & the general want of Arms presents an insuperable barrier to their organization.” Requests “a loan of about one thousand stand of Arms” for the militia, which would add to the “security of this exposed Settlement.” The acts of the legislature remain unpublished. There is only one printer in the territory, “a scarcity of Types, & I may add too of Industry.” “I continue to be much harassed with Visits from my Choctaw Brethren; these poor, Idle & humble People are really great pests to this Territory.” No less than two or three hundred of them are “Encamped within six Miles around Natchez, & for a support, they almost entirely depend upon begging & Stealing.” Finds it “difficult to shield the Indians from much violence.” Requests permission to employ an interpreter. “Under the Spanish government, the Indians were accustomed to receive Presents & provisions at Natchez.… I have no Presents to make,… but they notwithstanding, will not, & cannot, be persuaded to remain in their own Lands.” Party spirit seems to be subsiding, and “a decided majority of the Citizens are pleased with the Second Grade of Government, & the manner in which, it has been administered.”

   Letterbook copy (Ms-Ar: Claiborne Executive Journal). 2 pp. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:69–70.

   Henry Dearborn had already addressed Claiborne’s request for arms by sending five hundred rifles and three hundred muskets to New Orleans to be sold to members of the territorial militia (Dearborn to Claiborne, 10 Mar. 1802, Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:104).


Title: To James Madison from Peter Stirling, 3 April 1802 (Abstract)
From: Stirling, Peter
To: Madison, James

3 April 1802, Barcelona. Notes that his last letter of 19 Dec. 1801, sent by way of Lisbon, enclosed an abstract of the arrivals of American ships at Barcelona from 2 Apr. 1800 to 7 Dec. 1801. Encloses an abstract of the arrivals from 10 Jan. 1802 to 26 Mar. 1802. “The American merchantmen that come this way … come to bad markett. Wheat and Flower is an article that is not plentifull here, but we are now near the Crop.”

   RC (DNA: RG 59, CD, Barcelona, vol. 1). 1 p.; docketed by Brent. Enclosure not found.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:327.

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


Title: To James Madison from George Washington McElroy, 5 April 1802 (Abstract)
From: McElroy, George Washington
To: Madison, James

5 April 1802, Philadelphia. Acknowledges receipt of JM’s letter “enclosing my commission with instructions &ca.” [not found] and returns one of the bonds as instructed.

   RC (DNA: RG 59, CD, Tenerife, vol. 1). 1 p.

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


Title: To James Madison from Thomas Doughty, 6 April 1802
From: Doughty, Thomas
To: Madison, James

Sir,
Charleston So. Carolina April 6th. 1802
As in the letter You did me the honor to address me last fall, You mentioned that You would, in conformity to my request, take the necessary Steps, to have the monies, received in Holland for the Wilmington Packett claim, drawn to this Country—
You will oblige me by informing me, if You have been enabled to do so, and if it has been effected, what amount in dollars, the same has render’d. I am Sir Very respectfully Your most obt.
Thos Doughty.

   RC (DNA: RG 76, Netherlands, Misc. Claims, ca. 1793–1847). Docketed by Brent.

   Letter not found. Doughty probably referred to Jacob Wagner’s letter to him, 22 Sept. 1801, mentioned in Doughty to JM, 5 Oct. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:161).

   For Doughty’s claim to the Wilmington Packet, see his letter to JM, 11 Sept. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:103 and n. 1), and Hill, William Vans Murray, pp. 49–50 and n. 12.


Title: To James Madison from John Langdon, 6 April 1802 (Abstract)
From: Langdon, John
To: Madison, James

6 April 1802, Portsmouth. Recommends Gen. Michael McClary to be marshal of the district of New Hampshire in place of [Bradbury] Cilley, whose term has expired and who “has been and still is a high Federalist.” Believes it important that the marshal be a Republican.

   RC (DNA: RG 59, LAR, 1801–9, filed under “McClary”). 1 p.; docketed by Jefferson.

   Michael McClary (1753–1824), of Epsom, New Hampshire, fought with the militia at Bunker Hill and served in the Continental army until his resignation in 1778. He was adjutant general of New Hampshire, 1792–1813, and a state senator, 1796–1802. Jefferson nominated him as marshal on 27 Apr. 1802, the Senate confirmed his appointment two days later, and he served in the post until the year of his death (Isaac W. Hammond, ed., New Hampshire: Provincial and State Papers [13 vols.; Concord, N.H., 1882], 11:630–31; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:422, 423, 3:312, 314; Boston Columbian Centinel, 28 Apr. 1824).


Title: To James Madison from William Croghan, 7 April 1802
From: Croghan, William
To: Madison, James

Sir
Jefferson County Kentucky April 7th. 1802
In Consequence of the Death of Your Brother Ambrose, Colonel Richard Taylor & myself were under the Necessity of bringing Suits in Chancary against You & Nelly Madison for Lands we bought from Your Brother belonging to you & he, when he was in this Country in March 1792 he Sold us those lands. I gave him my Bond for the payment of 104½ Acres of the land I bought from him, which Bond he lost on his Journey from this Country, which he Informed me of By letter Shortly After his Arrival in Virginia, and requested I would not pay it except, I think to Hubbard Taylor, Major John Lee or their Orders. Some time After about the time the bond was due Colonel Richard Taylor, & James Taylor Junr. then of Orange Applyd to me for & received the payment £94.—a Copy of the receipt is Inclosed. Should my Bond have come to hand be so Obliging as to return it to me, or tear my Name out. The bearer Mr. Denis Fitzhugh will wait on You with the Decrees and take Charge of the Deeds both for Colonel Taylor & Myself. I am with great respect, Your Most Humble servant
W Croghan

   RC and enclosure (DLC). For enclosure, see n. 2.

   For William Croghan’s previous attempts to obtain clear title to land he had purchased from JM and his brother Ambrose, see Richard Terrell to JM, 24 Sept. 1799, and Affidavit on Kentucky Lands, 25 Sept. 1799 (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 17:270–71, 271–72 and n. 1).

   Croghan enclosed a copy of Richard Taylor’s receipt for £94 “in full payment for one hundred four and one half acres of land lying on the Ohio River,… which land Ambrose & James Madison sold sd. Croghan March 12th. 1792 when said Croghan passed his bond for the payment £94 which bond is lost or mislaid in consequence of which the money is now paid me for said Madison and I do hereby at the request of said Madison hereby indemnify said Croghan from ever paying said Bond or any part thereof” (1 p.; filed among the undated Madison papers [vol. 91]).


Title: From James Madison to Rufus King, 7 April 1802 (Abstract)
From: Madison, James
To: King, Rufus

7 April 1802, Washington. “I have to acknowledge several of your late private letters, which I cannot at this moment refer to by dates. It is probable that all written by you have been received; duplicates and triplicates being so, of all the originals that have come to hand. I write this particularly to acknowledge that of Jany. 12th in which you incline towards a trip into France and the neighbouring countries, during the season least requiring your presence in England. I have communicated to the President your wish on this point, and have the pleasure to inform you that he readily acquiesces in it.”

   RC (NjP: Crane Collection). 1 p.; marked private; in a clerk’s hand, signed by JM.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:388.


Title: From James Madison to John Morton, 7 April 1802 (Abstract)
From: Madison, James
To: Morton, John

7 April 1802, Department of State. “The bearer Robert Reed Esqr. of Charleston South Carolina, has business of importance which calls him to the Havanna. Your successor Mr. Young, not being likely to be there so soon as Mr. Reed, I recommend him to your patronage. He is represented to me as a very respectable citizen, and as such, I wish him to be placed in the view of those in authority, to whom he may have occasion to apply.”

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

   Robert Young, of the District of Columbia, was nominated by Jefferson to be commercial agent at Havana on 2 Feb. 1802. The Senate confirmed the appointment the next day (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:406, 407).


Title: To James Madison from Rufus King, 7 April 1802 (Abstract)
From: King, Rufus
To: Madison, James

7 April 1802, London. No. 61. Text of definitive treaty was published in the Moniteur of 26 Mar. In general it “seems to adhere pretty closely to the Preliminaries: in such Articles as have undergone a modification, it is not obvious that the alteration is favourable to the views of this Country. Malta … will be liable to the influence of France.” Unless there is a separate article explaining how the Prince of Orange will be indemnified, the treaty “seems more likely to prove prejudicial than advantageous to this family”; it is said that the French and Dutch signed a convention exempting the Batavian Republic from contributions to such an indemnification. Lord Grenville’s principal objection will be the omission of an acknowledgment of ancient treaties upon which Europe’s public law is based. “He and others are likewise much dissatisfied with the cession of Louisiana to France.” In a conversation with King, Grenville said that “Ceylon, Trinidad, and the Cape, were as nothing in comparison to Louisiana and the Floridas” and added that “Mr. Pitt viewed the cession in the Same light” but knew nothing of it until after the preliminaries were signed. Loan of £25 million has been opened “at the moderate Interest of £3.18.2 per Centum.” Income tax is to be repealed. New taxes to the amount of £4 million are to be levied on malt, hops, and beer, “assessed Taxes,” and imports and exports. “The funds have risen considerably, and there seems to be very little opposition to the new Taxes.” Law respecting countervailing duties was assented to by the king on 24 Mar.; “as it passed in the form of the Bill of which I sent you a copy, it is not necessary that I should send you a copy of the Law.”

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 5 pp.; in a clerk’s hand, signed by King; docketed by Brent as received 12 June. Italicized words were written in code; key not found. RC decoded interlinearly by Wagner. The paragraph containing King’s report of his conversation with Grenville about Louisiana is marked “Confidential” in the left margin. Printed in King, Life and Correspondence of Rufus King, 4:97–99.

   For the diplomatic wrangling over the Orange indemnity, see Schama, Patriots and Liberators, pp. 451–54.

   See King to JM, 18 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:479). JM also received a printed copy of the act empowering the king to suspend countervailing duties, dated 24 Mar. 1802 (2 pp.; with a faintly legible notation written by JM in pencil, the first line of which is obscured: “[…] kept to be laid before Congress” [DNA: RG 59, ML]).


Title: From James Madison to Charles Pinckney, 8 April 1802
From: Madison, James
To: Pinckney, Charles

Sir,
Department of State, April 8th. 1802
The inclosed memorial presents and explains a case resting on the same grounds with some already committed to you. The interest of the memorialists John Townsend and James Shuter of New York, as well as that of the United States require that your own discretion assisted by indications on the spot should regulate the degree as well as form of your interposition with the Spanish Government. We all know the extreme jealousy which pervades the Colonial policy of Spain; and it is probable that this jealousy may be in a higher excitement towards the enterprizes of our Commercial Citizens, than towards those of any other country. Much care ought to be used therefore in seeking reparation for past injuries issuing from this source, to avoid appearances and pretensions which may unnecessarily give greater force to it in future.
The claim of the memorialists will probably be resisted on the principle that those who voluntarily go within a foreign jurisdiction, are bound to observe and consequently to know the laws and regulations in force. This principle as a general is a just principle. There are nevertheless mitigations of its rigor, of which the case before us may fairly claim the benefit. The frequent and sudden changes which the Commercial regulations in the Spanish Colonies are known to undergo in times of War; the authority which is understood to be delegated to Governors or other Colonial Officers, to relax, by special permissions, the ordinary restrictions; the occasions frequently occurring for the exercise of this authority; the strong presumption derived from respect towards every government, that its officers understand and observe the laws; these are the considerations by which the memorialists appear to have been led into their Commercial project; and which are most likely to be of avail in rescuing them from the losses in which it terminated. It will deserve enquiry also whether the Governors who granted the licences in the present case, might not in fact have possessed a legal authority for the purpose. And if it be true, as is represented in the Memorial that the vessel and cargo were sold without the ordinary forms of trial and proof, this is another topic for just complaint.
You will observe that the treatment of the crew of the ship is represented as having been very inhuman and unwarrantable, and will please to attend to that circumstance in any communications you may have on the subject with the Spanish Government. If it should be found that they are still detained in their cruel situation you will take the proper steps for their relief.
The seizure of the vessel at so great a distance from the Spanish Coast, may seem to be a violation of our maritime rights; but as the uninhabited island at which the seizure took place, is not denied to be within the Spanish dominions, the proceeding could neither of right nor in prudence be protested against on that ground. I am with great respect & consideration &c.
James Madison

   Letterbook copy (DNA: RG 59, IM, vol. 6). Enclosure not found.


Title: From James Madison to Robert R. Livingston, 9 April 1802
From: Madison, James
To: Livingston, Robert R.

Dear Sir
Washington Apl. 9. 1802
Mr. Latil a Frenchman by birth, but a Citizen of the U. States for near 20 years past, being about making a visit to his native Country, is desirous of being known to you. I have reason to believe that he possesses sufficient respectability and merit to entitle him to your civilities, and I therefore readily ask the favor of them in his behalf. I do it the more so as he has generally resided in Virginia, and consequently considers himself as doubly a fellow Citizen with me, and as I understand that he has no object in his visit, that can make my introduction or your countenance a departure from the general rules respectively laid down for ourselves. With highest respect & regard I am Dr. Sir your most obed set.
James Madison

   RC (NHi: Livingston Papers). Docketed by Livingston, “recd Mr Lattle.”

   Joseph Latil acted as the agent of Pierre Augustin Caron de Beaumarchais in his claim against the state of Virginia in the 1780s. Latil married Lucy Randolph, a second cousin of Edmund Randolph, in 1787 (Edmund Randolph to JM, 27 Mar. 1787, PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 9:335 and n. 3).


Title: To James Madison from Samuel Cabot, 9 April 1802
From: Cabot, Samuel
To: Madison, James

Sir
Boston 9 Apl 1802.
I have this day reced from the Board of Commrs. acting in London under the 7th article of the British treaty an order, dated 15 Feb: 1802, directing me to hold myself in readiness as soon as possible to resume the duty of Estimating losses & assessing damages, as heretofore. This notice was accompanied by a letter from the american Commrs. expressing their desire that I shou’d speedily return to England. It is understood that a statement of these proceedings is already transmitted to our government, & that the President of the United States has been requested to authorise my departure. Considering the length of time & degree of close application, which may be involved in a final adjustment of our claims pending under the Treaty, & the unavoidable expense of a Voyage & residence in London, it is believed that the remuneration to be expected from the Board is, in itself, inadequate. Shou’d the President (in consequence of any representation that shall be laid before him) deem it expedient to honor me with this appointment, it is respectfully submitted that in addition to the fees payable by the Board an adequate Stipend might be allowed & paid by the United States. If the Salary heretofore annexed to this office shoud be considerd a reasonable & just one the period of its commencement may be so far retrospective as to include the account renderd which still remains in your Department & with the Secretary of the Treasury, unadjusted. It wou’d be useful to me early to learn what the president shall please to determine on the subject of this application. In the Event of my services being required I shall be able to embark for England, immediately after receiving your instructions. The peculiar situation in which I now find myself is my apology for addressing you on the present occasion. Most respectfully I have the honor to be sir, yr mo: ob: hb servt.
Sam Cabot

   RC (DNA: RG 76, British Spoliations, 1794–1824, Unsorted Papers). Docketed by Brent.

   Cabot had sent his account to JM on 3 Aug. 1801 and to Gallatin on 7 Sept. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:7, 8 n. 2, 354–55 and n. 1).


Title: To James Madison from Edward Thornton, 9 April 1802
From: Thornton, Edward
To: Madison, James

Sir,
Washington 9th April 1802.
In obedience to instructions which I have received from His Majesty’s Principal Secretary of State for foreign affairs, I take the liberty of bringing back to your recollection the case of the British Transport Ship Windsor (the subject of my letter of the 23rd of July of last year) which was taken forcible possession of by the French prisoners on board, and carried into the harbour of Boston.
As these people possessed no sort of legal authority to make prize on His Majesty’s Subjects, and as in a neutral and friendly port they could not derive from a decree of an Admiralty Court or an act of condemnation any right with which they were not before vested, the property of this vessel must still be regarded as never having been legally transferred from the original possessors.
I learn from the correspondence of His Majesty’s Consul at Boston, that the Ship continued in that harbour on the 5th of December last, notwithstanding the orders (which you were so good as to announce to me) for her departure from the ports of the United States: and the signature of the preliminaries of peace, the intelligence of which arrived at that time, extinguished all hopes of recovering the vessel by recapture on the high Seas. I therefore beg leave to express my hope, that under these circumstances, the President will be pleased to order the restitution of the Ship Windsor to her proper owners, if she be still within reach of the American Government, or otherwise to make them a due compensation for her loss. I have the honour to be with perfect truth and respect, Sir, Your most obedient humble servant,
Edwd Thornton

   RC (DNA: RG 59, NFL, Great Britain, vol. 2).

   See Hawkesbury to Thornton, 13 Feb. 1802 (Mayo, Instructions to British MinistersBernard Mayo, ed., Instructions to the British Ministers to the United States, 1791–1812, Annual Report of the American Historical Association for the Year 1936, vol. 3 (Washington, 1941)., p. 191).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:463.


Title: To James Madison from Noah Webster, 9 April 1802
From: Webster, Noah
To: Madison, James

Sir,
New Haven April 9th. 1802
I have directed a Copy of a work I have just published on Miscellaneous subjects, to be sent from New York to your Care, to be deposited in the Office of State, in pursuance of the Act for securing to authors the right to their productions; and I shall be much obliged to you for a certificate of the deposit.
You will see by that work how much I differ in opinion, from the leading men of the two parties. I wish for more harmony of Councils; but I have little hope of seeing that event.
I was an advocate for the British Treaty; but I am not satisfied with some of the provisions of it, & the more I consider the subject, the more I am convinced that some articles of it have laid the foundation for much future trouble. I refer to the subjects discussed in the work just mentioned. I have a great desire to know the Contents of a little [sic] written by the Secretaries of State & Treasury to Genl Washington, at Mount Vernon, just before he gave his assent to the treaty—a letter written in consequence of an urgent application of the British minister for a decision on the ratification of the Treaty. I presume it must be in your office—at the same time I have no right to ask even for a sight of the contents. But I never reflect on the fact without a degree of regret, that any extraneous influence should have been exerted in such an important national question. But it is idle to indulge regret, or anticipate evil. A more temperate policy on the part of the present administration would have reconciled all sober, impartial federalists to the change, & this without any considerable sacrifice of principles on the part of the present ruling men. Accept my respects, with my best wishes for your personal welfare, & believe me Your Obedt Servt
N Webster Jun.

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

   For Webster’s book, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:288 n. 1.

   Section 4 of the “Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned,” dated 31 May 1790, required authors to send a copy of their work to the secretary of state within six months of the date of publication (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:125).

   Webster probably referred to the letter written to Washington by Timothy Pickering on behalf of himself, Oliver Wolcott, and Attorney General William Bradford on 31 July 1795, requesting the president’s return to Philadelphia, ostensibly for discussions on the as-yet-unratified Jay treaty but in reality to expose to Washington the allegedly traitorous behavior of the secretary of state, Edmund Randolph, which led to the latter’s resignation and disgrace (Reardon, Edmund Randolph, pp. 306–13).


Title: To James Madison from Daniel Clark, 9 April 1802 (Abstract)
From: Clark, Daniel
To: Madison, James

9 April 1802, Philadelphia. “Business of a private Nature requiring my presence in New Orleans I am induced to freight a small Vessel for the sake of dispatch and will leave this City on Sunday the Seventeenth inst. to proceed there direct. I think it incumbent on me to give you information of my resolution as soon as taken, that you may have an opportunity of forwarding any instructions you may think necessary or point out any thing in which I may be of service. On arrival in Luisiana I will advise you of the state of affairs there generally.”

   RC (DNA: RG 59, CD, New Orleans, vol. 1). 2 pp.

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


Title: To James Madison from Israel Whelen, 9 April 1802 (Abstract)
From: Whelen, Israel
To: Madison, James

9 April 1802, Philadelphia. Acknowledges JM’s letter of 2 Apr. [not found] “and the remittance you directed to be made to me, and agreeably to your directions I have paid Mr. Kingston $5775. on a draft from Genl. Stevens’s Agent for that sum, previously taking sufficient security that the charter party on Mr. Kingston’s part had or would be completely & entirely fulfilled.” Reports that “there are letters in town” from Captain Wood of the Peace and Plenty, telling of his arrival at his destination in December 1801.

   RC (DNA: RG 59, ML); letterbook copy (DNA: RG 45, Purveyor’s Office, Philadelphia). RC 1 p.; docketed by Brent.


Title: To James Madison from Rufus King, 10 April 1802
From: King, Rufus
To: Madison, James

No. 62.
Sir,
London Ap. 10. 1802.
Some months ago I informed you that Mr. Jackson would probably be sent to the U. States as Mr. Liston’s successor. Mr. Merry had been previously thought of and indeed named for this mission. As I have had the opportunity of knowing both these gentlemen during my residence here it was not without some regret that I heard of the intention to appoint Mr. Jackson in lieu of Mr. Merry. From this information I have been led to make further Enquiry concerning their Reputations, and the result has proved rather to encrease than lessen my solicitude. Mr. Jackson is said to be positive, vain, and intolerant: he is moreover filled with English prejudices in respect to all other Countries, and as far as his opinions concerning the U. States are known, seems more likely to disserve than benefit a liberal intercourse between them and his own Country.
On the other hand Mr. Merry appears to be a plain, unassuming and amiable man, who having lived for many years in Spain is in almost every point of Character the reverse of Mr. Jackson who were he to go to America would go for the sake of present employment, and with the hope of leaving it as soon as he could receive a similar appointment in Europe while Mr. Merry wishes for the mission with the view of obtaining what he believes will prove to be an agreeable and permanent residence.
With these sentiments, I have believed it to be proper, to endeavour in every unexceptional way in my power to discourage and throw impediments in the way of the mission of Mr. Jackson and in a late conversation with Lord Hawkesbury he offered me what I thought a fair occasion of expressing my sentiments upon this subject. His Lordship received my Observations in good part, and promised to consider what I had said to him before any definitive step should be taken in the Business. I have followed up the opposition in other quarters which I thought likely to have an influence in the decision, and am not without Expectation that Mr. Jackson will be relinquished.
As the explicit designation of a particular character who would be agreeable, is matter of greater delicacy than to object to an Individual who might have been spoken of, I have rather confined myself to the latter course, in doing which, however, I was enabled indirectly, and by way of Contrast to Mr. Jackson’s disqualifications, to describe qualifications which seem to be almost peculiar to Mr. Merry.
Annexed I send you copies of my Letter to Lord Hawkesbury and of his Answer declining to recognize Mr. Lewis as Consul of the United States at Calcutta: a like Answer has, in a similar case, been lately given to the Envoy of Portugal. Conversing with one of the Directors of the East India Company concerning Mr. Lewis’ appointment, he told me that before the late war, France had been solicitous to place a Consul at Calcutta: that from a persuasion that a Consul would be employed as a political instead of a Commercial Agent they had declined his admission; that the request would however probably be renewed, and in case An American Consul should be admitted, a French one could not be refused. With perfect Respect and Esteem, I have the honour to be, Sir, Your ob. & faithful servant
(Signed)   Rufus King

   RC and enclosures (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC marked duplicate; in a clerk’s hand, signed by King; docketed by Brent as received 13 June. Italicized words were written in code; key not found. RC decoded interlinearly by Brent. Printed in King, Life and Correspondence of Rufus King, 4:100–101. For enclosures, see n. 3.

   King’s predictions proved true when Francis James Jackson became Great Britain’s minister to the U.S. in October 1809 (PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (2 vols. to date; Charlottesville, Va., 1984—)., 2:xxvii).

   The choice of Anthony Merry to be British minister to the U.S. is discussed in Malcolm Lester, Anthony Merry Redivivus: A Reappraisal of the British Minister to the United States, 1803–1806 (Charlottesville, Va., 1978), pp. 13–14.

   King enclosed copies of his letter to Lord Hawkesbury, 6 Feb. 1802, announcing Jacob Lewis’s appointment and requesting the “usual Exequatur to enable him to discharge the Duties of his office,” and Hawkesbury’s refusal, dated 23 Mar. 1802 (1 p.). JM also received copies of these letters from Lewis (see Lewis to JM, 2 Apr. 1802, and n.).


Title: To James Madison from Benjamin Fry, 10 April 1802 (Abstract)
From: Fry, Benjamin
To: Madison, James

10 April 1802, Newport. Refers to his letter to JM of 2 Feb. enclosing accounts and papers relating to his claim against France for the capture of the brig Favorite by a French privateer after the Convention of 1800 was signed. Has not received a reply from JM “but was informd. by a line from my good friend Christr. Ellery Esqr. that he Conversd. with you Sir on the Subject, and that you informd. him my papers woud. be Returnd to me with a letter of directions &C and that the Papers must be transmited to France, The expectation of payment at Gaudeloupe being given up in consequence of the State of things there.” Intends to take passage in a vessel he is fitting out for Amsterdam “& from thence proceed to France in Order to obtain payment for my Captured Property.” Asks JM to forward his papers soon, as his ship “will be ready for Sea before this Month is ended.” Also requests a letter of introduction to Robert R. Livingston and “any information or directions you may please to afford me.”

   RC (DLC: Causten-Pickett Papers, box 47); draft (RPB-JH). RC 1 p.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:437–38.


Title: To James Madison from James Maury, 10 April 1802 (Abstract)
From: Maury, James
To: Madison, James

10 April 1802, Liverpool. States that he has never been reimbursed for sums he paid in support of American seamen before the arrival of David Lenox and asks JM to direct Lenox’s successor or the American minister to pay him £101 2s. 5d. or “such part thereof as shall appear reasonable.” Observes that little or no change in the market for imports from the U.S. has resulted from the signing of the definitive treaty. The king was empowered by Parliament on 24 Mar. to suspend for one year the countervailing duties on American ships and the goods imported in them, “but as that power has not yet been used, I cannot at present say how it is likely to Affect our Shipping.”

   RC (DNA: RG 59, CD, Liverpool, vol. 2). 2 pp.; in a clerk’s hand, signed by Maury.

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


Title: To James Madison from James Monroe, 12 April 1802
From: Monroe, James
To: Madison, James

Dear Sir
Richmond april 12. 1802.
I took the liberty lately to forward to yr. care by Major Coleman who went to Alexa. a box containing the three pieces of tapestry, which are intended for Mr. Fenwick, he having promised to take charge of and sell them for me. Can you possibly convey them to his possession. He is I believe some where ⟨in th⟩e neighbourhood of the federal city. Will you also be so good as put the enclosed letter or such memo: ⟨fro⟩m it as the case warrants relative to the author, in the hands of the Secretary of Treasury or navy or both. Dr. Eustace & (I presume) Genl. Dearbourne know him, who will vouch for what his pretentions are. I considered him an honest deserving man by his conduct in France & as such spoke of him to our govt. at the time. I wish it to be known to Dr. Eustace that I have made this gentn. known to you, as he has repeatedly requested me to do. Being acquainted with him in France, he thinks he has a claim on me here for similar good offices with those he experienc’d there, which I render without reluctance, on the opinion I formed of his integrity. Mrs. M. who has lately added a daughter to our family, unites in best regards to Mrs. Madison. Yr. friend & servt
Jas. Monroe

   RC (James Monroe Museum and Memorial Library, Fredericksburg, Va.). RC torn. The editors are grateful to Lee Langston-Harrison of the Monroe Museum for her assistance in reading the damaged portion. Enclosure not found.

   Monroe referred to John Leach, a sea captain and merchant from Boston who had resided in Paris when Monroe was minister to France. Monroe had previously recommended Leach for the post of U.S. consul at Dunkirk; this time Leach requested a position as commissioner of bankruptcy at Boston (Monroe to Edmund Randolph, 1 Aug. 1795, and Monroe to Jefferson, 7 July 1802, Hamilton, Writings of Monroe, 2:338–39, 3:355–56; Leach to Monroe, 7 June 1802 [DNA: RG 59, LAR, 1801–9]).


Title: To James Madison from David Gelston, 12 April 1802 (Abstract)
From: Gelston, David
To: Madison, James

12 April 1802, Collector’s Office, New York. “Your letter for Mr. King, was this morning recd., and handed to the Post-Master, half an hour before closing the mail by the British Packet.”

   RC (DLC). 1 p.


Title: To James Madison from Jacob Peterson, 13 April 1802
From: Peterson, Jacob
To: Madison, James

Sir,
Cadiz April 13th. 1801. [1802]
I do myself the honor, and as Incumbent with my duty as a Citizen of the United States of America, Armed, And Commissioned under the Authority of his Excellency John Adams The late President of the United States to Set forth the following diabolical treatment, not only personal, but National Insult I recieved from the Ship Walker of London Commanded by John Nichols, and owned by Messrs. Wigram & Co.
It was on the 20th. day of January present year then off Cape Horn, I fell in and Spoke with Said Walker. He informed me that he was very much in want of Canvass & Sundry Chandelary Stores, to which I replied that if he would Send his Boat the next day that I would Spare him a Topsail, which was Complied with the next day and the walker recieved the Topsail with other Stores.
On the 22d. at 10 A.M. the Ship Walker bore down on my Larboard Quarter and at ¼ past 10 Sheared along Side, Hailed me and requested that I would send my Log book on board, That he would examine my Ship To which I replied, If you have any Authority to Examine my Ship, you will Send your boat on board And you Shall recieve every Satisfaction—upon which he fired a Shot over the Poop Deck, which Carried away the Quarter Rail & Some of the Rigging. Says he This is to bring you too. I then gave orders for my Steering Sails Top Gallant Sails and Courses to be taken in to bring the Ship too. But notwithstanding, Said Ship fired 2 Broad Sides into my Ship in the very Act of Compliance which almost left me a wreck in my Running rigging. When this was done I Said to him in the Very act of Compliance you have Acted So base & Cowardly As to fire 2 Broad Sides into my Ship—ho! ho says he I’ll abide by the Consequences. At 45 mt. past 10. AM I Sent my first officer Mr. Peter Suter on Board with the Log Book, to prevent if it was Still possible a Contest, which at last proved Inevitable. At 11 my boat returned with his note no 3 requesting me to Send my Clearance from Philadelphia Bills of Lading, and my Clearance from the last Port, and repair on board. The former I Granted but the latter I thought proper to decline.
Shortly after I recieved his note no. 4 full of Threats & Consequences if I did [not] repair on board, To which I Gave a possitive refusal. Lastly he Sent his note no. 5 wherein he says. I see you are determined not to Come on board. I request that you will Send the Gentleman Passenger, And after a few Questions we may likely proceed on our Voyage. To this Gentleman I Shewed his note. Says he—I Can have no objections to go on board his ship As I have my regular Pasport and have nothing to fear from him I may probably prevent any further Contest. With this Sentiment of Reconciliation the Gentleman went on board the walker. At 40 mt. past 5 P.M the Walker Sheared again along Side, and within a Short Pistol Shot. Capt Nicols requested me to Come on board his Ship and if I did not Comply with his request he would Sink the Ship under me and 5 minutes time he would only Grant me to Consider of it.
“I Answered that I would not Comply with his request while I Could Display the Colors of the United States of America, And if you have any thing to Communicate to me you must Come on board of my Ship. I request of you to Send my boat with my papers, officer, Passenger and the two lads on board. You have already informed me that you have found my papers Satisfactory. You have offered a national Insult, And have Insulted me Grossly. Therefore Consider well what you have done or what your base intention may be to do.”
“Says he I will have your Cargo & more than your Cargo.”
“You have brought me to the last extremity. Therefore be Cautious what you do. I will lose no more time by you, and if you fire again it will be on your Peril.”
Says he I will do what I Can, & will fight my Waist Guns.
“I layed my Ship upon his Starboard Quarter Close along Side, and Gave orders for my men that in Case the Walker fired upon us, To fire upon her with a well directed Fire.”
At this time it was nearly Six OClock. The walker fired upon me which was immediatly returned from the Asia and So effectually that every Shot Raking her. Smoke was Seen issuing from her Main Top, her Colors Shot Away, & the Second broad Side being fired I ordered to [stop] fireing—when I observed the Walker in Great Consternation, and making all Sail. They hoisted a Color again. I made all Sail After her and ordered the Bow Guns to play upon her, which Carried away her Mizen Topsail, but notwithstandg She Got away from me being very much superior in point of Sailing.
My only object was now, if Possible to bring my Ship again along Side of the walker, to extricate my officer, Passenger, and my two lads.
I pursued her under all Sail, but the wind being very light, She drew very fast from me insomuch That at ½ past seven OClock She was 4 miles a head of me. Through the night it Continued Calm, during which time I repaired Some of my wounded rigging and at day light Saw the walker about 4 miles to windward of me. I hove my Ship too, & repaired my main Yard & wounded rigging to Give the Walker an Opportunity to Come down to me which he very prudently declined, as the former reception was too warm. And at Noon of the 23d I made all Sail to turn to windward & the Night following it became very thick and Squally lost the Walker. The Walker Mounted 14 Guns, Twelves, nines & sixes.
I am happy to add that I Came off without the loss of any Men, having only one wounded by the Topsail Tye being Shot Away. I am Sir with Great Respect Your Mo Obedient hum. Servt.
Jacob Peterson Commander

   RC (DNA: RG 76, British Spoliations, 1794–1824, Ship “Asia”). Sent as enclosure in JM to Rufus King, 23 July 1802 (second letter).

   For Peter Sutter’s affidavit describing these events, see John Elmslie, Jr., to JM, 29 Mar. 1802, and n. 1.


Title: From James Madison to Sylvanus Bourne, 13 April 1802 (Abstract)
From: Madison, James
To: Bourne, Sylvanus

13 April 1802, Department of State, Washington. “The President of the United States, to whom I have communicated the request contained in your Letter of the first february last, just received at this office, yielding to the weight of circumstances which produced it, authorizes me to inform you, that you have his permission to come to this Country at the time you mention: But I have it in charge from him to add, that he expects your visit will be but a short one, and that you will accelerate your return to Amsterdam as much as possible. The United States having no longer a public minister in Holland, the great commercial intercourse which our Citizens have with that Town, must render your presence there on that account the more necessary: and you will for this reason appreciate the motive of the President for coupling a condition with the permission he gives you to visit this Country during the next autumn.”

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

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:432.


Title: To James Madison from Henry Brockholst Livingston, 13 April 1802 (Abstract)
From: Livingston, Henry Brockholst
To: Madison, James

13 April 1802, New York. Has learned from a bill for the reorganization of the judiciary now before the Senate “that the President is in future to appoint commissioners of Bankrupts in the several Districts.” Recommends William Cutting of New York City, a lawyer and former partner of his, for the post.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Cutting”). 1 p.; in a clerk’s hand, signed by Livingston. Docketed by Jefferson.

   William Cutting (1773–1820) was married to Livingston’s second cousin Gertrude Livingston Cutting (Florence Van Rensselaer, comp., The Livingston Family and Its Scottish Origins [New York, 1949], pp. 84, 86, 93, 98, 114).


Title: To James Madison from Louis-André Pichon, 14 April 1802
From: Pichon, Louis-André
To: Madison, James

Monsieur,
Georgetown le 24. Germinal an 10. (14. avril 1802.)
Le Congrès ayant fait l’appropriation nécéssaire pour mettre à exécution la convention Signée entre la République française et les Etats Unis, le 9. vendemiaire an 9, J’ai l’honneur de vous adresser ci Joints deux tableaux comprenant, le premier, la liste des bâtimens appartenant à la République française qui doivent être restitués par les Etats Unis d’après l’article 3. de la ditte Convention, et le Second celle des propriétés particulières dont Je réclame la restitution en mes mains, attendu l’absence des propriétaires et conformément à ce qui a été antérieurement convenu de la part du Gouvernement des Etats Unis. Je Joins à ces pieces, Monsieur, Extrait des instructions que Je recus, à mon départ, du Ministre de la Marine lesquelles Sont une autorisation qui paraitra Sans doute Suffisante, indépendamment de ma responsabilité officielle, pour Justifier le versement de ces propriétés en mes mains auquel Monsieur Le Président des Etats Unis a bien voulu consentir.
J’ai divisé, Monsieur, Sous deux chapitres les propriétés privées: Le premier comprend les bâtimens amenés dans les ports des Etats Unis et condamnés en premiere instance par leurs cours de Justice. Le Second les prises conduites à l’Etranger et vendues Sans formes Légales. Pour cette espece de propriétés, J’ai pris le montant net des ventes tel qu’il est porté dans les renseignemens reçus par le département de la marine aux Etats Unis, quoiqu’il ne paraisse pas douteux qu’il y ait eu dans la Manutention, comme dans la distribution de ces propriétés, beaucoup de confusion et de désordre. J’ai Pensé que Sur ces procédés irréguliers, commis au loin et hors du contrôle des Gouvernemens Respectifs, il fallait couper court à toute discussion et user d’une conciliation dont, de part et d’autre, considerant le passé, on a également besoin.
J’ai porté, Monsieur, comme vous le verrez, dans ce tableau une prise Portugaise faite par un de nos corsaires, recapturée par un bâtiment Américain liberée par l’amirauté de St. christophe le 5. 7bre. 1800. et par conséquent rentrant dans la convention du 9. vendemiaire an 9. J’ai reçu du Ministre des Relations Extérieures un ordre Spécial de réclamer cette propriété, et vous trouverez ci Jointes deux pieces qui constatent les circonstances de Sa libération et de Sa vente par l’agent des Etats Unis dans la colonie Susmentionée.
Quant aux prises conduites dans les Etats Unis, J’ai hésité, Monsieur à porter les montans nets; attendû le tort notable qui en résulte pour les propriétaires. Ces condamnations ayant eu lieu Sous les yeux des Etats Unis, partie du produit ayant été reçu dans leur trésor, il m’a paru, Monsieur, qu’il pourrait Sembler Juste d’allouer le montant brut des ventes. Si vous comparez les deux resultats vous verrez qu’en certains cas il y a une déduction réellement ruineuse Sur la propriété. Je citerai Seulement le cas des Deux Anges qui de 75,000. Dollars est réduit à $53,000. et cette prise, vous le Savez, a été un acte réellement injuste et contraire à toutes les regles. Je laisse, Monsieur, à la Justice de Mr. Le Président à déterminer Sur cette question: Je dirai Seulement, pour l’examiner Sous le point de vue de la réciprocité, que les propriétés Américaines qui ont été vendues en France Subiront de bien moindres défalcations par la différence du marché: Les bâtimens Américains étaient généralement chargés de denrées qui Se vendaient cher en Europe et c’était le contraire pour nos bâtimens amenés aux Etats Unis: Une autre considération, qui ne me parait pas Sans quelque poids, c’est la différence des droits, aux Etats Unis et en france, Sur les denrées: laquelle est, de beaucoup, au désavantage de la france.
Quelque Soit le parti adopté, Je desire, Monsieur, qu’il le Soit de maniere à entrainer le moins de délais possible; La facilité qui m’est donnée par les Etats Unis perdant tous les Jours de Sa valeur par les retards qu’elle éprouve.
J’aurai l’honneur, Monsieur, de vous rappeler ultérieurement les indemnités qui Sont réclamées pour quelques prises. En attendant, Monsieur, Je vous prie d’agréer l’assurance de mon profond respect et de ma parfaite considération.
L. A. Pichon

Condensed Translation
The appropriation for executing the Convention of 1800 having been made by Congress, Pichon encloses two tables. The first lists ships belonging to the French government that must be restored under article 3; the second lists the private properties that Pichon claims on behalf of the absent owners. Also enclosed is an extract of his instructions from the minister of marine, which will serve as his authorization to receive these payments from the U.S. government. Has divided the private property into two parts: those ships brought to American ports and condemned by U.S. courts; and prizes taken to foreign ports and sold without legal proceedings. For ships sold outside the U.S., Pichon calculated the total amount due French nationals from information provided by the U.S. government. Included in this list is a Portuguese prize taken by France and then recaptured by an American ship. Has received a special order from the minister of foreign relations to reclaim this property; encloses two documents explaining the circumstances of the case. As for the prizes taken to the U.S., wishes to calculate the restitution due to French nationals according to the gross amount of the sales rather than the net amount. Cites the case of the Deux Anges, in which $75,000 has been reduced to $53,000. Asks that these questions be resolved with as little delay as possible.

   RC and enclosures (DNA: RG 59, NFL, France, vol. 1). RC in a clerk’s hand, signed by Pichon; docketed by Brent. For surviving enclosures, see nn. 2 and 3.

   The “Act making an appropriation for defraying the expenses which may arise from carrying into effect” the Convention of 1800 provided a sum not to exceed $318,000 and was signed into law on 3 Apr. 1802 (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:148).

   The enclosed lists (5 pp.) are filed after Pichon to JM, 3 Dec. 1801.

   Pichon enclosed two extracts from the minister of marine. The first, dated 12 Dec. 1800 (2 pp.), authorized Pichon to sell the ships in the U.S. claimed by French merchants for restitution and laid out the procedures for reimbursing the owners. The second extract, of the same date (2 pp.), instructed Pichon to sell, in certain cases, the ships claimed by France.

   The enclosures relating to the case of the Gloria dal Mar have not been found.

   For the case of the Deux Anges, see Pichon to JM, 4 Jan. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:368 and n. 1).


Title: To James Madison from Thomas Bulkeley, 14 April 1802 (Abstract)
From: Bulkeley, Thomas
To: Madison, James

14 April 1802, Lisbon. “I embrace this conveyance the Ship Perseverance … bound to New York (on board which goes Col Humphreys his wife my sister passengers taking with him a valuable acquisition to our Country of 100 Sheep of the famous Spanish breed as to quantity & quality of wool they produce)—To hand you the list of the trade to Porto to compleat the whole up to the 31 december last.… The quarantine laid on our vessels has been taken off a month since. It was not inflicted for more than ten days.… Yesterday I laid in a claim with this Government for seizure & condemnation at Pernambuco of the Schooner Samuel of Boston … on suspicion only of an intention of Illicit trade. The supercargo is here.… Whatever may be the result you shall be immediately informed to be enabled to lay the whole before His Excellency The President.”

   RC (DNA: RG 59, CD, Lisbon, vol. 1). 2 pp. Cover postmarked New York, 29 May. Docketed by Brent as received 3 June. Enclosure not found.

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


Title: To James Madison from Samuel Snow, 14 April 1802 (Abstract)
From: Snow, Samuel
To: Madison, James

14 April 1802, Providence. “I have the honour to enclose to you a semi-annual Report of Vessels entered at Canton between the last day of December 1800 and the first day of July 1801, received from my Agent there by a late arrival. No special communications accompanied this report.”

   RC (DNA: RG 59, CD, Canton, vol. 1). 1 p. Enclosure not found.

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


Title: From James Madison to Thomas Jefferson, 16 April 1802
From: Madison, James
To: Jefferson, Thomas

Department of State 16th April 1802
The Secretary of State, to whom has been referred by the President of the United States a Resolution of the Senate passed on the 12th. day of this Month, requesting the President to cause to be laid before the Senate the Amount of claims preferred under the seventh Article of the Treaty of Amity, Commerce & Navigation with Great Britain, and of the sums awarded by the Commissioners and paid by the British Government, and a statement of the principles adopted by the said Commissioners in their proceedings under the said Article;
thereupon respectfully submits the following Report to the President: That agreeably to an estimate made on the 9th. of May 1798 by Samuel Cabot Esqr. at that time an Agent of the United States under the 7th. Article of the said Treaty, the claims preferred under that Article amounted to the sum of One Million two hundred and fifty thousand pounds sterling. The Document herewith submitted to the President, containing a general statement of monies received on Awards of the Commissioners will shew the sums awarded by them, and paid by the British Government under the Article in question of the said Treaty.
It does not appear from any researches which the Secretary has been able to make, that the precise principles on which the Commissioners have proceeded, can be otherwise deduced than from the awards made in the several cases which have been decided. Any statement of them in detail is presumed not to be within the intention of the Resolution. All which is respectfully submitted
James Madison

   RC and enclosure (DNA: RG 46, President’s Messages, 7B-C3). RC in a clerk’s hand, signed by JM. Jefferson transmitted the RC and enclosure to the Senate on 17 Apr. 1802 (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 2d sess., 876–78). For enclosure, see n. 2.

   For the text of this resolution, see Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:420.

   The enclosure is a “Statement of Monies received by Awards of the Commissioners acting under the 7th. Article of the British Treaty” (3 pp.), which indicated that a total of £93,755 1s. 7¾d. was received by claimants in forty cases through the hands of Samuel Bayard, Samuel Williams, and private agents. Two notes dated 1 Dec. 1801 were appended by George W. Erving, the first of which stated that public advances had been made in only nine cases and that the amount of expenses paid by the claimants was impossible to ascertain; the second note, in Erving’s hand, stated that contrary to the “Statement of my predecessor that only 17 Cases were dismissed by the Board,… I find that there were in fact 31 Cases dismissed.”


Title: To James Madison from William Bartlet and Others, 16 April 1802 (Abstract)
From: Bartlet, William
To: Madison, James

16 April 1802, Newburyport. “Having certain information that the Board of Commissioners in London for adjusting our Claims upon the British Government for the Capture of our Property by British Cruizers, is again authorised to resume its operations, we are very desirous that Mr Samuel Cabot, who before acted as an Assessor of the damages to be awarded, should be again employed in that Office. Mr Cabot is intimately acquainted with the nature of our Claims & with the principles upon which damages are estimated by the Board; he enjoys fully the confidence of the Commissioners, & of the Assessor employed on the part of the British; and can therefore promote much more certainly, the interest of the Claimants & of the Country in that business than any other man. We believe that the Board, not less than ourselves, are impressed with a conviction, that they can appoint no one capable of facilitating their operation, and expediting the distribution of Justice to the Claimants in an equal degree with him. We therefore request that the President would be pleased to recommend to our Commissioners, to have Mr Cabot again appointed an assessor … & that he will allot to him an adequate compensation for his services, out of the Public Treasury.” If a public salary is considered improper, “we shall readily acquiesce in having an amount deducted from the sums which may be awarded upon our several Claims sufficient to defray the expence of his Mission.” The signatories would “voluntarily compensate Mr Cabot by allowing him a Commission upon the sums recovered; but this would be deemed a disqualification by the Board & prevent their appointing him.”

   RC (DNA: RG 76, Great Britain, Treaty of 1794 [Art. 7], Papers Relative to the Commissioners, vol. 4). 2 pp.; signed by William Bartlet and twenty-four others.


Title: To James Madison from John Rathbone, 16 April 1802 (Abstract)
From: Rathbone, John
To: Madison, James

16 April 1802, New York. Has recently received a letter from his son John Rathbone, Jr., who is in France, “requesting that I would make application to our Government in his behalf for a Consular appointment to some Port in Europe.” Encloses a recommendation that “may induce you to suppose that my Son is younger than he really is.” He was born in 1777. Lists eleven cities in order of their “respective value to him if appointed.” Requests JM to submit the application and enclosed recommendation to the president.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Rathbone”). 2 pp. The enclosure may have been a letter from Joseph Fay to Jefferson, 20 Apr. 1802, recommending the younger Rathbone (ibid.; docketed by Jefferson as received 23 Apr.). John Rathbone (1751–1843) and his son John, Jr., were prosperous New York merchants (Walter Barrett, The Old Merchants of New York City [5 vols.; 1870; New York, 1968 reprint], 1:353–54).


Title: From James Madison to Edward Stevens, 17 April 1802
From: Madison, James
To: Stevens, Edward

Dear Sir,
Washington Aprl. 17th. 1802.
I duly received your Letter of the 2d. Instant with the several papers to which it refers. The delay in acknowledging it, has proceeded partly from an unusual accumulation of Business the pressure of which has been much encreased by the sickness & absence of the chief Clerk in the Department, & partly also from the real difficulty involved in the nature of the case. On one hand the positive testimony of Mr. Yard & the admissions of Mr. Pickering have great weight in every view as in an appeal to personal conviction they have decisive weight. On the other hand as the Commission and Title under which you went to St. Domingo do not cover the items in your Acct. and as no trace of the contract is found in either the Instructions or the Correspondence relating to your mission, the case is perhaps without a precedent and cannot be formed into one without much responsibility for its Character and consequences. In this conflict of considerations I ought the less to anticipate the result as I may find it my duty to avail myself of the councile of others with whom I have official relations. I may say without Impropriety however that the result will gratify my personal disposition and confidence in proportion as it may be acceptable to yourself.
The mode of having your demand settled is by presenting it to the Treasury department where such Items will be admitted as are directly legal & such as depend on the sanction of the Dept. of State will be referred to it. The proofs of the Items are of course of Treasury cognizance. You are no doubt aware that the door is open for a direct application to Congress as well as for an appeal to that Authority from unsatisfactory decisions else where. You are probably also aware that an appropriation of funds by Congress will be needed to discharge the allowance whe⟨n⟩ever made under most of the items. With sincere respect & esteem I remain Dear Sir, Your most obdt. Servt.
Sign’d   James Madison

   Tr (MHi: Pickering Papers). Marked “(Copy).”

   At this time, U.S. consuls, except for those resident in the Barbary States, did not receive salaries from the government, nor could they spend public money, other than for the relief of American seamen, without authorization from the government. Stevens had been appointed U.S. consul general to Saint-Domingue in 1799 and wished to be reimbursed for “expences incurred in this Mission,” as JM put it in a subsequent report to the president, “on the ground of a promise from the Executive, on the faith of which he undertook the Mission” (JM to Jefferson, 20 Apr. 1804 [DLC: Jefferson Papers]).


Title: From James Madison to Thomas Jefferson, 18 April 1802
From: Madison, James
To: Jefferson, Thomas

Department of State, April 18th 1802
The Secretary of State respectfully reports to the President the information requested by the Resolution of the House of Representatives, of the 8th of January last relative to Spoliations committed on the Commerce of the United States, under Spanish authority; and also, relative to the imprisonment of the American Consul at Saint Jago de Cuba.
This Report has been delayed longer than was wished: but the delay has been made unavoidable by the sickness and absence of the Chief Clerk in this Department, who had partially gone through the necessary researches, and could most readily have compleated them.
James Madison

   RC and enclosures (DNA: RG 233, President’s Messages, 7A-D1). RC in Brent’s hand, signed by JM. The enclosed copies of correspondence and tables of captured vessels, which made up JM’s report, were transmitted to the House of Representatives by the president on 20 Apr. and are printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:440–58.

   For the text of this resolution, see Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 1st sess., 415.


Title: To James Madison from Delia Tudor, 18 April 1802
From: Tudor, Delia
To: Madison, James

My Dear Sir
Boston April 18th: 1802.
Mr Tudor has had the honor to address a few lines to you in favour of our son William now in Europe to whom the agency at Marseilles is a desirable Object. In behalf of an interest so dear I encroach perhaps on the limits of propriety in adding my request to his fathers to induce you to espouse his cause with the President of the U. S. You sir knew him a few hours only, but if the testimony of a Mother is admitted you will beleive his character formed on Principles of undeviating integrity & that he will evince by his conduct if a trust is confided to him that he respects himself too much to dishonor the appointment & by his assiduity & correctness, that he knows how to appreciate the distinction. You will be soon retiring from the fatigue of bussiness to the sequestered spot we once travers’d. I offer my wishes that the ensuing summer may be propitious in every domestic occurrence. I hope Mrs Madison & Miss Paine will accept of my most affectionate attachment.
Delia Tudor

   RC (DNA: RG 59, LAR, 1801–9, filed under “Tudor”).

   Letter not found.

   Delia Jarvis Tudor and her son, William Tudor, Jr., had visited Montpelier in August 1801 (see JM to Jefferson, 16 Aug. 1801, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:47).


Title: To James Madison from John Appleton, 18 April 1802 (Abstract)
From: Appleton, John
To: Madison, James

18 April 1802, Philadelphia. Acknowledges JM’s letter of 8 Apr. [not found] enclosing his commission as U.S. commercial agent at Calais. Transmits his bond. “When at Washington I was led to expect by the President, that in case of vacancy at Dunkerque, it woud be annexed to my Department; if such an event shoud take place, will you allow me Sir to solicit your influence.… The two Ports of Dunkerque & Calais being so contiguous I coud attend to both, and the Commercial advantages of the former, woud remunerate for the unprofitable services I shall be called upon to perform at the latter.” Proposes to embark at the first opportunity for France.

   RC (DNA: RG 59, CD, Leghorn, vol. 1). 2 pp.

   John Appleton (1758–1829) was the son of Boston merchant Nathaniel Appleton and the brother of U.S. consul at Leghorn Thomas Appleton. He was confirmed as commercial agent at Calais by the Senate on 9 Feb. 1802 (L. H. Butterfield et al., eds., Adams Family Correspondence [4 vols. to date; Cambridge, Mass., 1963—], 3:390 n. 1; Boyd, Papers of Jefferson, 14:60; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:406, 407).

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


Title: To James Madison from Carlos Martínez de Yrujo, 18 April 1802 (Abstract)
From: Yrujo, Carlos Martínez de
To: Madison, James

18 April 1802, Washington. Complains of the indecorous invective aimed at the Spanish government by American newspapers for several months. Spain is only exercising its indisputable right to regulate trade with its colonial possessions. Criticism is unjust since the Spanish government, after deciding not to admit neutrals to Spanish ports in this part of the world, communicated this resolution to the U.S. government both in Washington and Madrid. In order to check these complaints and to warn American merchants against clandestine trade with Spanish possessions in the Americas, declares that the king is determined not to admit foreign ships in his American ports and that any contravention of his royal order will be punished by seizure of the ship in question and its confiscation without remission, a policy followed by almost all nations with colonies in the Americas.

   RC (DNA: RG 59, NFL, Spain, vol. 2). 2 pp.; in Spanish.

   For Yrujo’s announcement that Spain would strictly enforce its prohibition of neutrals trading with its colonies, see his letter to JM, 29 Mar. 1802.


Title: To James Madison from Louis-André Pichon, 19 April 1802 (Abstract)
From: Pichon, Louis-André
To: Madison, James

19 April 1802, Georgetown. In his letter of 4 Jan. 1802, Pichon reported on the affair of the French ship Cassius, sequestered by the U.S. at Philadelphia in 1795, abandoned by the French minister, Adet, and subsequently sold. Requests restitution.

   RC (DNA: RG 59, NFL, France, vol. 1). 1 p.; in French; dated 29 Germinal an X. In a clerk’s hand, signed by Pichon.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:368 and n. 2.


Title: From James Madison to James Simpson, 20 April 1802
From: Madison, James
To: Simpson, James

Sir.
Department of State. April 20th. 1802.
The two last letters from you were of the 8th. and 25th. of January.
The inquietude indicated by the Emperor of Morocco, is a circumstance unexpected, and particularly unpleasant at the present juncture. Altho’ his naval force is so feeble, the position of his harbours, the use that might be made of them, by enemies on the Coast of Barbary, and the influence of his example on Algiers and Tunis, give great value to his neutrality. The President expects therefore, that your most skilful management will be used for defeating the attempts to seduce him from it. To assist you in so doing, you are authorized, not only to assure him on all suitable occasions, of the respect which the President entertains for his character, and for the good faith which he has fulfilled the Treaty with the United States, but to let him know that as a particular mark of confidence in his friendship, the President, on learning the anxiety of the Emperor, on the subject of the Gun carriages, and the difficulties in obtaining them, has determined to make him a compliment of One hundred, which will be sent from the United States as soon as they can be compleated, and an opportunity can be provided. You will be careful in communicating this intention, to give it its full value, as a gratuitous proof of the esteem and friendship entertained for him, and as a means of conciliating him as much as possible for the present, without countenancing expectations in future. With the Gun carriages, it is probable that the President will address a friendly letter to the Emperor, but on this point it may not be necessary to say any thing to him.
An Original Treaty with Morocco, is lodged as you suppose in the office of State here; and if its existence, or the fidelity of the translation should be called in question, it may become necessary to transfer it as you suggest, to the consular office at Tangier.
The President chuses that you should not go into the plan of building a consular house at the expence of the United States.
Your two Bills of 1200 & 800 Dollars, drawn in favor of John Gavino have been accepted. The acceptance however is not to be understood as having reference to a compensation of any sort beyond that heretofore established, which I am not authorized to hold out to you. At the same time, it is equally to be understood, that in precluding such a claim, no opinion is meant to be conveyed, unfavorable to the manner in which your public trust has been discharged. I am Sir, very respectfully &c.
James Madison.

   Letterbook copy (DNA: RG 59, IC, vol. 1).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:378–80, 421.

   The Treaty of Peace and Friendship of 1786 between Morocco and the U.S. is printed in Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:185–223.


Title: To James Madison from Charles Pinckney, 20 April 1802
From: Pinckney, Charles
To: Madison, James

Dear Sir
Madrid April 20: 1802
I wrote you this morning since which I have received the inclosed from Mr Cevallos the first Secretary of State. I have already informed you that altho this is nominally the post of prime minister, yet that in fact the Prince of Peace who is generalissimo of the army and navy and the great favorite of the king, is at present the principal mover. His marriage with one of the king’s cousins seems to have secured his power and there are said to be secret reasons independent of this marriage which make it probable that during the king’s life at least this influence will continue. I was pleased to find him extremely polite & attentive and apparently much disposed to be our Friend. At the same time I found here as in Holland & France a great want of knowledge, not only of the Nature of our Government & its tendencies; but also of the actual state of things and the consequence is was of to Spain, to be always upon the most friendly terms with us. For these reasons, and to make them better acquainted with us & to impress upon them the importance not only of Amicably & Honorably arranging our claims for Spoliations; but also of doing all that now is in their power to secure to us the means of freely navigating the Mississipi, in a manner to prevent disputes in future, I transmitted to the Secretary of State the inclosed Representation, and at the same time I sent a copy of it to the Prince of Peace requesting his attentive examination & support.
In the part of it which relates to the claims of our Merchants I have incorporated I beleive, all your opinions upon this Subject, and in renewing the proposition sometime since made by my Predecessor (Colo Humphreys) for the nomination of commissioners to be chosen by each party, I beleive we have done the only thing possible to give our Citizens a chance of ever being relieved from the delays, & expences, & frequently  of these Tribunals. If we get the third or fifth commissioner (as the number may be) the thing is settled; but even if we lose the odd one, It is infinitely better for our claimants to have their causes brought before this Board than the ordinary Tribunals—because they will not only have their own countrymen present to explain & reason for them; but the Spaniards whom I expect to be appointed will probably be men not only of knowledge; but of that high character & standing, which will place them above the reach of improper influence. You will observe in my Letter to Mr Cevallos I have strongly impressed the necessity of this sort of appointment. By his Letter inclosed you will find in reply to me he says “the King has no objection to the nomination of Commissioners.” I shall now proceed to state to him the detail of the authorities of these Commissioners, which I wish to be exactly the same as their powers under the Treaty in 1795, except that they are not to be confined merely to the cases of vessels & cargoes captured.
I shall also contend for their sitting in Washington or Philadelphia; but as the last commission sat there, it is probable they will say it is but fair, this should be in Madrid. I shall however use all my exertions to have it in America & upon such principles as are equal & honorable, and such as I trust will meet the Presidents approbation. I may be mistaken, but I confess I have much confidence in the Justice & Honor of the King & his Cabinet. I beleive too I have made them better acquainted with us than they were formerly and in a way agreeable to them—in the release and dismissal of Vessels detained, in the acquittal of others, in the affair of the Quarantine & in their present apparent willingness to come into the appointment of Commissioners, I have at present no reason to complain of their inattention to me. As they pride themselves very much upon the extent of their empire I did not know how they would take a proposal to dismember it. I know they have been extremely sore upon the affair of Trinidad and viewing the extent of the seacoast of the Floridas & its admission of us into the gulf I was fearful they would answer at once that it was a possession so necessary to his majesty that he could not part with it. Much more however depends in this business on France than Spain for which reason I have wrote three letters to our minister in France urging him to use his influence at Paris as much as possible.
In the affair of the Floridas you have charged me with a difficult Business. I have however brought it before them in the manner most likely to effect it, if it is possible. I suppose the affectionate terms in which the proposal has been made & the Nature of the reasonings induced them to give it consideration, and altho: not probable I think it possible that the thing may be carried into effect.
In case of their agreeing to treat on this Subject I will then go into detail with them on our Discounts & on the Terms, the Sum, mode & times of payment of the balance, on all of which I wish you to instruct me—particularly as to the Sum to be given for both or for either, or for West Florida alone. Another thing has struck me which it is my Duty to state to you—it is that as Florida never was a part of the American Union or of the Territory claimed by them, if the Spaniards should be disposed to sell it, what is the particular mode to be adopted to sanction the receipt of the Cession, & the admission of the new Territory into the Union? We shall however have full time to consider these questions for this Court moves extremely slow in important Negotiations & the Prince of Peace yesterday speaking of this affair said “upon these points it was necessary to have in view the event of those now depending with the French Government.” The Definitive Treaty being signed & published in France, I cannot conceive what he alluded to unless there were difficulties still existing in the cession of Louisiana to France, if this is the case they then will postpone any opinion to me until they hear from France. In the interim as I beleive I know the true & indeed the only mode to be well with this Court, I shall endeavour by every act of Attention Moderation, and Friendship which is in my power to render them as much our Friends as possible. On this Subject you will soon hear from me again. I am collecting all the mercantile information respect[ing] discriminations & regulations of Commerce in my District & hope you will receive safe such as is already transmitted.
I repeat to you there is every prospect of Grain being high this year in every part of Europe—in France & all the south of Europe the rough cold Winter has destroyed nearly all their Crops & I suppose that England has not done much better. Bread is rising in this Capital & occasioned some days ago some tumult here in which six Boxes or Stalls in one of their corn Markets were burnt by the Populace—it has since subsided. In my next I am hopeful to send you my Propositions to the Secretary of State on the Subject of the appointment of Commissioners. I have been very unwell; but you may always expect from me when well the most regular communications & zealous & active attention to the Business of the Mission, which I can assure you employs us from morning to night from the numerous applications I have to make on the subject of Captures, Detentions & other vexatious interferences with our Commerce during the War.
I am collecting still further information for you on the subject of mercantile regulations & discriminations & shall regularly transmit you every other species of information in my power, & be glad to hear from you in return as I have yet recieved but three Letters from you since my arrival in Europe. Please present Me respectfully & affectionately to the President, & believe me always Dear Sir with the highest Esteem & most sincere regard Yours Truly
Charles Pinckney
I am also preparing another Letter on the subject of endeavouring to obtain the residence of a Consul or agent at New Orleans which you find they object to as incompatible with their general colonial regulations.
[Since writing the above I have found that the 21st Article of the Treaty will not embrace all our Claims, and have therefore varied it so as to use in my proposition, general terms, and should they agree to this, the Commissioners will be authorized to consider every Claim. I have submitted the proposition (a Copy of which is inclosed) on Tuesday & yesterday, I received the answer inclosed, in which as I apprehended, they think in point of fairness & convenience, the Commissioners should sit here, the last having met in America. The great object being with us to obtain the Commission on general principles—I shall not object to their sitting in Madrid, if I find they make a point of it, as I think you will be able to find some americans content to accept, of such Talents, Integrity, & Experience in this Business, as will qualify them to be Commissioners, and if I am so fortunate as to bring the Business to the close I wish, I recommend Mr Moses Young our Consul at Madrid, who ought certainly to be one, as he has a knowledge more extensive, intimate, and correct, of all these claims than any other Man can acquire in many Months. As to his Principles & Integrity they are universally known & acknowledged. The other ought unquestionably to be a sound & able Lawyer.
I have only to add that as I expected they insist upon the Junta sitting in Madrid. In answer to this I have sent the inclosed Letter Number 5 & prepared the Convention leaving the Name of the Place blank. To this in their usual manner & with great deliberation, I suppose they will answer in the course of this Month. I sent you in the inclosures of my last Dispatch Via Cadiz, their answer respecting the sale of Florida which was that “in an affair of such great importance His Majesty would require time to consider & answer the proposition,” & as I have reason to suppose they are still negotiating with France of course I must wait with patience their own time. I write the President next Week on some particular subjects in Cypher & shall send & inclose the Letter open to you to have decyphered. I am to request that all Gazettes, & large Bundles which are not very important may have Written on them “not to be put into the Post office but sent by the Carriers” & may be sent to the Consuls of the different Seaports to whom I have Written to prevent as much as possible the immense Expences of the Post office here which is for these Bundles sometimes 20 & 25 Dollars. I request my affectionate & sincere respects to the President & accept them my dear sir for Yourself & Mr Gallatin & our friends at Washington. With regard & Esteem I am dear sir Yours Truly

Charles Pinckney
May 12: 1802In Madrid]

   RC, duplicate, and enclosures (DNA: RG 59, DD, Spain, vol. 6). RC in a clerk’s hand, with Pinckney’s corrections and additions (see n. 12); docketed by Brent. Second and third postscripts are not on the RC but are supplied within brackets from the duplicate copy; the second postscript is in a clerk’s hand; the third is in Pinckney’s hand and signed and dated by him. Unless otherwise noted, italicized words are those encoded by Pinckney’s secretary; key not found. RC decoded interlinearly by JM. For enclosures, see nn. 2 and 14–16.

   Letter not found.

   Pinckney enclosed copies of three letters to him from Cevallos, all dated 7 Apr. 1802 (2 pp.; in Spanish). The first acknowledged a 2 Apr. letter from Pinckney (see Pinckney to JM, 6 Apr. 1802, n. 2) and stated that in response the king had repeated his orders to Spanish colonial officials to treat the American squadron in the Mediterranean with respect. In the second (translated interlinearly by Wagner), Cevallos wrote that the king had no objection to the suggestion in Pinckney’s 24 Mar. 1802 letter that commissioners be named to adjudicate U.S. maritime claims against Spain (see Pinckney to JM, 6 Apr. 1802, n. 3). Cevallos’s third letter was in response to the proposal in Pinckney’s 24 Mar. letter regarding purchase by the U.S. of the Floridas and observed that a subject of so much consequence deserved great attention; Cevallos also relayed the king’s refusal of Pinckney’s request to permit the residence of a U.S. consul at New Orleans.

   Manuel Godoy, the Prince of the Peace, had risen from royal bodyguard to the highest reaches of the Spanish state through his influence on Queen María Luisa and her husband, King Charles IV. Whether, as was common currency in European courts at the time, this influence extended to sexual favors with the queen or not, Godoy exercised a near total ascendancy over the royal couple from 1788 until the expulsion of the Bourbons from the throne by Napoleon in 1808 (Hilt, Troubled Trinity, pp. 25–34).

   “It” in duplicate copy.

   Pinckney probably enclosed another copy of his 24 Mar. 1802 letter to Cevallos (see Pinckney to JM, 6 Apr. 1802, and n. 3).

   Left blank in RC and duplicate.

   Article 21 of the treaty of 1795 between the U.S. and Spain provided for a three-man commission to “terminate all differences on account of the losses sustained by the Citizens of the United States in consequence of their vessels and cargoes having been taken by” Spanish subjects. The commission sat at Philadelphia in 1798–99, awarding $325,550.07 on a total of forty cases (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:335–37; Samuel Flagg Bemis, Pinckney’s Treaty: A Study of America’s Advantage from Europe’s Distress, 1783–1800 [Baltimore, 1926], pp. 389–90).

   By article 4 of the Treaty of Amiens, Trinidad was ceded to Great Britain, whose forces had captured the island from Spain in 1797 (Gertrude Carmichael, The History of the West Indian Islands of Trinidad and Tobago, 1498–1900 [London, 1961], pp. 40–42, 52).

   Here Pinckney anticipated the constitutional conundrum posed to the Jefferson administration by the purchase of Louisiana and its integration into the U.S. For the constitutional questions surrounding the purchase, see Malone, Jefferson and His TimeDumas Malone, Jefferson and His Time (6 vols.; Boston, 1948–81)., 4:311–32.

   Underlined in RC.

   This section is marked in pencil, and “to be published” is written in the left margin.

   The remainder of the RC and the first postscript are in Pinckney’s hand and are not included in the duplicate copy.

   Underlined in duplicate.

   Pinckney probably enclosed an undated document (2 pp.; filed between Pinckney’s letters to JM of 14 and 15 Aug. 1802) proposing terms for a board of commissioners to be appointed “in order to terminate all differences on account of the losses sustained by the Citizens of the United States in consequence of the Acts committed by the Subjects of his Catholic Majesty, and others, within his Dominions, contrary to the Laws of Nations, or in violation of the Stipulations of the existing Treaty.”

   Cevallos’s 21 Apr. response (1 p.; in Spanish; translated interlinearly by Wagner) rejected Pinckney’s stipulation that the board of commissioners meet in the U.S., stating that the board should meet at the same place as the tribunal that would judge on the demands presented.

   Pinckney enclosed a copy of an undated letter to Cevallos (3 pp.; marked “Number 5”; docketed by Brent) arguing that having the board of commissioners sit in the U.S. would be more “convenient and equitable” because all the claimants resided in the U.S. and “all the proofs, witnesses and papers” were there also.

   Underlined in duplicate.


Title: From James Madison to Benjamin Fry, 20 April 1802 (Abstract)
From: Madison, James
To: Fry, Benjamin

20 April 1802, Department of State. “Agreeably to your letter of the 10th Inst, I have written the enclosed letter to Mr Livingston [not found], who is charged with the patronage of such claims as yours upon the French Government, and your papers are herewith returned to you.”

   RC (DLC: Causten-Pickett Papers, box 47). In a clerk’s hand, signed by JM.