Title: To James Madison from George W. Erving, 3 November 1802 (Abstract)
From: Erving, George W.
To: Madison, James

3 November 1802, London. Private No. 11. “This will accompany my voluminous dispatch respecting the seamen whom I have been obliged to send home by the Mary. … I hope you will Excuse its Extreme length, but have thought it necessary to shew by a detail which is otherwise tedious, the urgency of the Case; & have at the same time been desirous that you shoud see how little I have been assisted by Mr King in a business certainly of considerable consequence, & in which a proper application from him woud certainly have effected all that coud have been wished for. The labour fatigue & vexation which attend this department of my duties are very great; I am obliged to keep my establishment upon as narrow a scale as possible, but coud find Employment for two additional clerks tho I have no private business. I have said nothing respecting salary, because whatever the sacrifice, it is fit that all who approve of the principle, shoud fully acquiesce in the œconomical arrangements of the government; the usual allowance of 3000 Ds. was amongst the appropriations of the last session; Messrs Bird’s however have received no remittance for this sum, & the terms of your letter do not allow me to suppose that it was intended for the successor of Maj. Lenox. With respect to myself therefore there is no question as to Salary; but when I shall have quitted this station I assure you that a seperate agency for Seamen will be necessary; or if that Office shoud be attached to the consulate (which perhaps woud be the best mode) the consul must be prohibited from doing business as a merchant; for it [is] absolutely impossible that any man engaged in trade can faithfully execute the duties of these Offices.”
Has just received a letter from King at Paris in answer to one Erving had written him “respecting certain certificates of Citizenship” granted by Gore. “In this answer he informs me for the first time that Mr Gore is charged with the affairs of the U. S.; that Mr Gore a com[m]issioner under the 7th Article of the treaty! an inveterate enemy to the President! & a royalist in principle! is now the representative of the United States in this Country.”
“Very great apprehensions of the renewal of hostilities with the French have been lately entertained here; in fact the English have become Extremely nervous, every movement of Buonoparte agitates them: The war party however are very clamourous & seem to be gaining strength; all the presses are in their service, & the ambition & insolence of the French government furnish continual food for their rancour; these have formed the most Extravagant hopes of a new coalition crusade: Thus the proceedings in Piedmont, the change of Ministry in Russia, the apparent firmness of the Emperor upon the question of indemnities, the troubles of Switzerland, and even the visit of the first Consul to the Sea Coast, all administer either to their hopes or their fears. Buonoparte however undeviating, continues his march towards universal dominion with a firm step; even now it appears ‘that he doth bestride this narrow world like a huge Colossus’: Switzerland must submit, the Emperor having wrapped his robes gracefully around him must fall; And the change of ministry in Russia appears only to be a new and systematic organization of the departments of government, without any very considerable change of men, & certainly no change of system. In the midst of these alarms & agitations Andreossi the long expected ambassador has had his audience of leave, & is momentarily expected in London.”
Has no belief in a renewal of the war. “Whatever the provocations, there exist no materials of which a new coalition can be formed, and this country cannot venture to embark by itself, certain ruin stares them in the face. So Buonoparte must e’en run his course. What is called news, & facts I cannot pretend to give you, these you of course receive regularly from all our stations in Europe.” Adds in a postscript that he has not yet heard from Gallatin as JM mentioned in his letter of 3 May.

   RC and duplicate (MHi: Erving Papers). RC 6 pp.

   See Erving to JM, 21 Oct. 1802, and n. 10.

   In an act of 28 May 1796, which was renewed 2 Mar. 1799, Congress authorized the appointment of an agent at London, whose salary was to be set by the president, for the protection of impressed American seamen. On 1 May 1802 Congress appropriated $15,000 to cover the agent’s salary, his contingent expenses, and any other expenses incurred elsewhere for the relief of seamen. David Lenox had received a salary of $3,000 (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:477, 731, 2:188; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Misc., 2:307).

   Erving was probably referring to JM’s letter of 27 July 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:482).

   See King to Erving, 17 Oct. 1802 (King, Life and Correspondence of Rufus King, 4:168–69).

   Piedmont was annexed by France in September 1802 (Tulard, Dictionnaire Napoleon, pp. 1333–34).

   The London Times had reported on 1 Nov. 1802 Napoleon’s departure from Paris on 28 Oct. for a tour of Rouen, Le Havre, Dieppe, Cherbourg, “and the principal points of the coast in that quarter.” The editor commented, “In his visit to the opposite shores, it would be absurd to trace any cause of alarm.”

   Shakespeare, Julius Caesar, 1.2.134–35.

   Andréossy arrived in England on 6 Nov. (Annual Register for 1802, p. 187).

   JM’s 3 May 1802 letter (not found) informed Erving of Jefferson’s decision to permit Samuel Cabot to resume his duties as assessor to the board of commissioners (see Erving to JM, 1 Sept. 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:531).


Title: To James Madison from William C. C. Claiborne, 5 November 1802 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

5 November 1802, “Near Natchez.” Sends such information as he has been able to collect in reply to JM’s inquiries of 26 July. In conformity with JM’s request, land claimants of the descriptions mentioned were invited by public advertisement to file “the particular Authority and extent of their respective claims, and the chain of Title derived to the present claimants from the Original Title” before proper county officers and court clerks prior to 1 Nov. He had hoped that acquiescence with this invitation would have provided grounds for accurate estimates but has found the returns to be not so general as he had wished. A few claimants, who he believes have legitimate titles, failed to state them “either thro’ inattention, or from an unaccommodating disposition.” Some with weak claims probably avoided exhibiting them from an unwillingness to expose the weakness, believing reports “which some designing characters circulated with industry” that the call for titles was intended to work immediate injury. Having thus warned JM that the return of claims [not found] accompanying this letter is not complete, he will answer JM’s queries in order.
The quantity of land to which Indian title has been relinquished cannot be correctly ascertained until the boundary between the U.S. and the Choctaw territories, which “will shortly be executed” under the direction of General Wilkinson, is completed, but conjectures that there may be on the Mississippi 2,500 square miles, or 1,600,000 acres, comprehending the counties of Adams, Claiborne, Jefferson, and Wilkinson, and on the Mobile there may be 4,600 square miles or almost 3,000,000 acres, composing all of Washington County. The “greater part” of the land on the Mississippi is fertile “and well adapted to cultivation,” but almost 2,000,000 acres of Mobile land are pine barrens, “little of which is susceptible of culture.” Is informed the balance is supposedly good land, most of which “may be cultivated to advantage.” Encloses a small map of settled land adjoining the Mississippi (no. 1) [not found] and a map of land in Washington County to which the Indian claim is extinguished (no. 2) [not found]. Will class the claims recognized by the second article of the agreement with Georgia under three heads: (1) “Grants to persons, who were actual settlers, within the ceded Territory, on the 27: of October 1795, legally and fully executed, prior to that day by the former British Government of West Florida”; packet (A) [not found] contains these claims; (2) “Grants to persons who were actual settlers within the ceded Territory on the 27: of October 1795, legally and fully executed prior to that day, by the Government of Spain, (this species of Titles is numerous)”; packet (B) [not found] contains all of these that were filed; and (3) “Claims of persons who were settlers within the ceded Territory, on the 27: Oct: 1795, derived from actual surveys or settlements made under the law of Georgia, passed February 7: 1785, commonly called the Bourbon Act”; packet (C) [not found] contains these claims. Few of this class have been surveyed as it would have been unsafe to do so under the Spanish government, but the owners rely on settlements formed with verbal permission from the then existing government and the invitation held out by the state of Georgia in the Bourbon Act. “Among the titles recognised in the agreement of compromise with Georgia, there will arise a few which clash, (viz) lands claimed by different persons under British and Spanish titles who were both settlers in the Territory on the 27: of Oct: 1795.” This is because the British proprietor either did not reside in the territory or, if present, did not comply with the conditions of his patent at the time of the Spanish regrant. Has tried to learn how grants were made under the British and Spanish governments. The British grants were occasionally conferred by the king himself “for some signal services rendered by an individual” but were usually issued by the governor of West Florida, in which case the applicant petitioned the governor and council. When the petition was granted, the governor gave an order called “the Warrant of Survey” to the surveyor general. After the survey was completed and returned to the secretary’s office, the patent was issued. Because of delays in the office “and in some instances by reason of the Spanish Conquest of Florida,” people who had obtained warrants and paid for surveys frequently never acquired complete patents. Encloses a copy of a British patent (no. 3). The manner of obtaining titles under the Spanish was similar to the second British method. The applicant petitioned the governor general of Louisiana or the governor at Natchez. If the petition was granted, a written order, called a warrant, was given to the surveyor general for survey, and it put the petitioner in possession of a certain quantity of designated land. On the return of the survey to the office of the secretary for the Louisiana province at New Orleans, a formal patent with the plat and certificate of survey prefixed was issued, signed by the governor general of the province. Here also, delays in the intermediate steps sometimes prevented people with warrants of survey who were in complete possession of the land from obtaining perfect patents. Encloses copies of a petition, warrant of survey, and Spanish patent (no. 4).
Now proceeds to other claims not recognized in the compromise agreement about which JM requested information. Cannot find any claims to land now occupied by the purchasers or persons claiming under them grounded on the alleged grants from Georgia following the Bourbon Act. Encloses copies of a 1 Oct. 1799 letter from Boston on the subject of the Georgia sale from some self-styled “Agents for the proprietors of Georgia lands,” addressed to “some respectable citizens in this Territory,” and the reply (nos. 5 and 6) [not found]. No title derived under the French government prior to 1763 has been filed, and he has it “on good authority” that no claims on behalf of “Ancient French proprietors” ever appeared under British or Spanish administrations, frequent contests between the French and “the Natchez Aborigines” having caused the French to abandon their agricultural possessions in the region “long before the peace of 1763.” No claims have been filed that were granted under British or Spanish rule prior to the treaty of 1795 but were unaccompanied by settlement in the ceded territory by the treaty date. “Nor is it probable there are many such of Spanish Origin. But it is a matter of great notoriety, that British claims of this species are numerous. By far the greater part of the valuable improvements and plantations in this Territory, is made upon lands heretofore granted by the ⟨Brit⟩ish Government of West Florida, but which were regranted by the Spanish Government.” Notes that the Spanish allowed two or three years beyond the time granted in the treaty of 1783 for the British “to sell, convey or settle their lands” before they began regranting land which formerly belonged to British subjects. There are three types of claims made under the Spanish grants after the treaty of 1795: (1) those where patents were issued after the treaty on Spanish warrants of survey made before the treaty; (2) those where both the warrants and patents were subsequent to the treaty; and (3) those where both the warrants and patents were subsequent to the treaty but antedated to make them appear to be prior to the treaty. Understands that many patents of the first type were issued but few were filed. Warrants obtained from the Spanish government accompanied by an actual survey and settlement were recognized by Spanish custom as good titles even before the issuance of patents. Claimants in this situation “were of⟨ten⟩ not anxious about obtaining their Patents,” which could be procured at any time as a matter of course, and the treaty caught many in possession of incomplete rights. Some obtained patents from the Spanish office, which remained open after the treaty. Others saw such patents as granting no additional security and “trusted entirely to the justice and liberality of the United States to make valid in law, what they considered a perfect equitable title.” Only “four or five” of the second type of claim have been returned. “Some men in favor with the Spanish Officers and trusting to the temporary continuance of the Spanish Courts and Government acquiesced in by the people, and Commissioner Ellicot, and Lieutenant Pope, the only representatives of the United States then present, received titles for land, which were dated agreeable to the true time of receiving them. The number of these claims is uncertain, but said not to be numerous.” Although no claims of the third kind have been filed, “no doubt is entertained here of their existence. They are reported to be of great extent, and are supposed to cover much valuable land near the settlements.” Regarding claims founded on the third section of the Bourbon Act, many people who settled and improved vacant land after 1795 believe they will have preference when the land office is opened. Although the act was repealed by Georgia in February 1788, the repeal was probably “but partially known” because of poor communications between Georgia and the Mississippi territory and some people may have acted under the invitation given them in the act. It is impossible “to form accurate estimates” of the quantity of land covered by claims under article 2 of the compromise and under other claims, but the best information he can obtain indicates that there cannot be more than 400,000 acres on the Mississippi covered by claims falling under article 2 of the compromise. Can hazard no opinion of private claims on the Mobile until the Washington County returns are received. Understands that “besides a large Tract of Pine Barrens, there is some valuable lands” remaining to be disposed of by the U.S. In order to inform JM more fully of “the true state of land claims in this Territory,” he has forwarded all received returns “carefully filed under their different classes” [not found]. Among them are some that cannot be included in any of the descriptions JM listed. “The titles for instance by Spanish Warrants of Survey & possession without Patents m⟨ay⟩ be viewed as of this kind.” Notes that these titles are “esteemed here as very strong in an Equitable point of view.” Is “well informed” they were considered legal under the Spanish government, “and by custom the proprietor was authorized to sell after three years occupancy.” JM will observe that a great portion of the present population of the territory consists of “Citizens who have formed settlements on vacant lands.” There are over 700 such heads of families in Jefferson, Adams, Wilkinson, and Claiborne Counties; their wives and children amount to upward of 2,000. “I do sincerely hope that these Citizens may be secured in their improvements, and that the government will sell out the Vacant land in this district upon moderate terms and in small tracts to actual settlers: If this policy be not observed, much distress will attend many of the settlers and the certain effect will be their leaving the Territory in disgust, to become subjects in a Country, where heretofore, the most flattering invitations have been offered to the poorer class of industrious Citizens, by bestowing, upon every applicant, without price, portions of the richest lands, proportioned to the extent of his family. The present farms of these settlers would probably fall into the hands of rich speculators, either in this District, or from the United States. Thus we may lose a considerable portion of our present population, and the further encrease of our numbers [be] retarded, by the best and most convenient spots being monopolized by me⟨n po⟩ssessing large tracts of unoccupied lands. The consequence would be that this most distant and infant settlement of the United States, at present insulated and defenceless, would be rendered more weak and defenceless, by the banishment of the poorer Class of White Citizens, and the introduction of a few wealthy characters, with a large encrease of negroes, a description of inhabitants, already formidable to our present population.”
Adds in a note that he has not received a return of the claims filed in Washington County. Adds in a second note that claims filed by those who were actual settlers on 27 Oct. 1795 and have full and legally executed patents are for 52,754 acres under British grants and 190,406 acres under Spanish grants. Claims under Spanish patents dated after 27 Oct. 1795 by those who were settled then amount to 8,980 acres. Claims under British warrants without patents by those settled on 27 Oct. 1795 amount to 10,900 acres. Claims under Spanish warrants of survey and possession by those who were actual settlers on 27 Oct. 1795 are for 21,203 acres. These claims are in packet (D) [not found]. Notes that there are about 130 heads of families who were settled on vacant land on 27 Oct. 1795 and now claim a right of occupancy under the Bourbon Act and about 700 heads of families who settled on vacant land after 1795 “and made considerable improvements.” Further adds that “should the contemplated changes in the masters of Louisiana take place,… our new neighbours, with a large extent of Vacant Country to settle, may also offer great encouragement to emigrants.”

   Letterbook copy (Ms-Ar: Claiborne Executive Journal). 12 pp. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:211–21. Enclosures not found, but see nn. 4 and 5.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:425–27.

   See Claiborne to JM, 12 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:572–73 and n., n. 2).

   On 17 Oct. James Wilkinson had signed a convention with the Choctaw Indians agreeing to mark and establish the boundary line between the Choctaw Nation and the U.S. (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Indian Affairs, 1:681–82).

   A copy of the British patent Claiborne enclosed, granting 3,000 acres to Daniel Clark, is printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Public Lands, 1:137–38.

   The petition of Charles Howard, the responses of Governors Gayoso and Carondelet, a certificate of survey for Ebenezer Dayton, and Carondelet’s patent to Dayton are printed ibid., 1:138–39.


Title: To James Madison from John Gavino, 5 November 1802 (Abstract)
From: Gavino, John
To: Madison, James

5 November 1802, Gibraltar. No. 102. Has not received any letters from JM. Refers JM to his last, no. 101 [21 Oct. 1802], and its enclosure. As mentioned in his no. 100 [17 Oct. 1802] the “Moorish Ship in question still remaind here, as 16 Moors had deserted her, since then the Capn: went for Tetuan and several of the Crew were dischargd.” Simpson lately wrote Captain Campbell that Alcayde Hashash had requested passports from the American and Swedish consuls so the ship could enter Tripoli. When they refused the matter was referred to the emperor, who has not responded. On 2 Nov. the emperor’s agent at Gibraltar, who is also the Tripolitan agent, said he was ordered by Hashash to return the emperor’s passport and certificate for the ship and to lay the vessel up. “They Yesterday unbent the Sails, unrigged her, Struck Topmasts &ca. She now has only about 12 men on board.” Though the Adams is at Algeciras, bad weather prevents him from giving this letter to Campbell. Has had no news from Morris.

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

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


Title: To James Madison from Richard O’Brien, ca. 5 November 1802 (Abstract)
From: O’Brien, Richard
To: Madison, James

Ca. 5 November 1802, Algiers. Reports that he sent a gift watch to the minister of marine and foreign affairs after the dey and prime minister had three times “Seriously demanded” an account of the vessel bearing U.S. annuities. “I seen the necesity of giving for Ansr. that I had private information that a Vessel was loading in Philadelphia for Algiers—further this day the dey Sent to the dean Sweden Batavian and American Consuls to inform them to write to Their Govts. and to have brought to this City with dispatch 1000 Barrels of Gunpowder from Each if not he threatens to be Angry.” Had seen the need before this of securing the friendship of the minister of marine, who is “of great influence and his representations to the dey is of great weight.” The minister of marine is not friendly with the prime minister and the Jews, so O’Brien could not get the watch from the latter as they would have informed the prime minister, and if the minister of marine knew the present was from Baccri and Busnach, he would not have accepted it. “Under These Considerations I had no Alternative but to get it from Monsr. Fraisinet.” Notes that it is contrary to custom to demand a receipt from the recipient.

   RC (DNA: RG 59, CD, Algiers, vol. 6). 1 p. Undated; date assigned on the basis of O’Brien to Livingston, 5 Nov. 1802, which is written below the RC. Written above the RC is a copy of a 25 Oct. 1802 promissory note for “Seven hundred and Sixty mexico dollars or Three hundred and Eighty Algerine Sequins” payable to Antoine Pierre Fraissenet, Batavian consul at Algiers, which was the value of a watch and chain received from him. In the appended 5 Nov. 1802 letter to Livingston, O’Brien requested him to “peruse the contents of this paper.” He also reported the rumor that six Tripolitan corsairs were at sea and that he had not heard what Morris and Cathcart had done regarding peace with Tripoli. “Considering our prest. State with Algiers I should propose to You Sir … that you might apply to The french Minister to write to the french agent here to give our affairs … all the aid & Services in his power.” O’Brien added that if Livingston was acquainted with Baccri and Busnach at Paris “a letter from them to their brothers here would ansr. The Same Effect.” On the verso is a copy of the dey’s 17 Oct. 1802 letter to Jefferson (see O’Brien to JM, 11 Oct. 1802, n. 2).

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


Title: To James Madison from Louis-André Pichon, 5 November 1802 (Abstract)
From: Pichon, Louis-André
To: Madison, James

5 November 1802, Georgetown. Reminds JM “of the answers which are to be made by the Treasury depmt. on two notes of Mr Pichon of the last year—the one relative to the claim of Monsr. Rayneval; T’other concerning the claims of the heirs of Beaumarchais.” Requests some answer on the two applications “which, for the satisfaction of the claimants as well as of his duty, he may forward to the minister of foreign affairs.”

   RC (DNA: RG 59, NFL, France, vol. 1). 2 pp. Docketed by Wagner.

   See Pichon to JM, 28 June 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:348 and nn. 2, 3).


Title: To James Madison from Charles Pinckney, 6 November 1802
From: Pinckney, Charles
To: Madison, James

(Private)
Dear Sir
Barcelona November 6: 1802
I have the honour to inclose You a copy of a Letter I have recieved from Mr Cevallos requesting a pasport for a Spanish packet Brigantine to enter the Port of Tripoli with her pilot & a sailor on board of the same nation. This request I did not think proper to refuse, knowing the friendly disposition of our Government towards Spain & the propriety of being on the most amicable footing with them. I therefore Worded the Passport in a manner to prevent the introduction of articles contraband of War & not admissible by the Law of Nations. I inclose you a copy of this Passport & as similar requests may be made I request your further instructions how far it may be proper or not to permit or refuse them to neutral nations or to such as are in amity or treaty with us.
You will recieve by this conveyance an official letter of some length with it’s inclosures, & as the King & his Court are still here & mean when they return to go by the Way of Valencia & Carthagena & that part of his Dominions & will not probably be at Aranjuez or the fixed sitios before February or March, or later Mr Graham & myself have both thought this the best time for my availing myself of the Goodness of the Presidents permission & paying a short Visit to Italy as I can return if no accident presents before the King finishes his Tour & as I cannot hear the result of the proceedings on the Convention with Spain before February or recieve Your further instructions on the subject of our claims for such french spoliations as cannot be well negotiated under that agreement.
The Swedes have made a peace with Tripoli for 150,000 Dollars & $8000 annual Tribute. This is my intelligence from Mr: Catalan of Marseilles. I shall set out I expect the same day the Court leaves this. With good Weather I hope to reach Marseilles in 10 Days & going from thence to Leghorn by Water to make my Tour a shorter one in point of time than the Kings. His retinue is enormous—upwards of 1000 Carriages of different kinds & Carts & Waggons—9 or 10,000 Mules & horses & 10,000 Persons—the Expence from 8 to 10, Millions of hard Dollars—hence every thing is so extremely dear that to pay Mule hire & come down in my Post Chaise with Mr Graham it cost me more than 500 Dollars the main expences of getting here. My most affectionate respects to the President conclude me Dear Sir With sincere affection & respect Yours Truly
Charles Pinckney
It is extremely probable nothing will occur during the Kings absence. Mr Graham will remain at Madrid & should any thing make his interference necessary I have for that purpose presented him to Mr Cevallos.

   RC (DLC).

   Pinckney apparently enclosed with this letter a copy of Pedro Cevallos’s 31 Oct. 1802 letter to him requesting a passport for a packet ship which had come from Tripoli carrying dispatches for the king and was now returning (DNA: RG 59, DD, Spain, vol. 6; 2 pp.; in Spanish) and a copy of Pinckney’s 1 Nov. 1802 passport (ibid.; 1 p.) requesting that the commanding officers of U.S. warships blockading Tripoli allow the ship to enter the port. Both enclosures, however, are docketed by Wagner as received with Pinckney’s 10 Oct. 1802 dispatch.


Title: To James Madison from James Anderson, 6 November 1802 (Abstract)
From: Anderson, James
To: Madison, James

6 November 1802, Paris. Acknowledges JM’s letter of 11 June [not found] containing the standing instructions to consuls and vice-consuls, a circular letter to consuls and collectors of customs, the form of a bill of health, and his commission as commercial agent at Cette. Is grateful for the confidence JM and Jefferson have placed in him and will “strenuously endeavour to merit the same.” Transmits his bond signed by his friends Skipwith and Holker. Will leave for Cette as soon as possible.

   RC (DNA: RG 59, CD, Cette, vol. 1). 2 pp. Docketed by Wagner as received 17 Mar.

   For JM’s standing instructions and circular letter to consuls and Gallatin’s circular letter to collectors of customs, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:288–89, 2:1–4 and n. 1.

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


Title: To James Madison from Ralph Bennett Forbes, 6 November 1802 (Abstract)
From: Forbes, Ralph Bennett
To: Madison, James

6 November 1802, New York. Addresses JM at the request of his brother, John Murray Forbes. “I have received Letters from my Brother since his arrival in Hamburg mentioning the return of a Severe Rheumatick Complaint to which he has been some years Subject and expressing Serious apprehensions of the possibillity of his continuing at his post, particularly in Winter, owing to the climate, which is peculiarly unfavourable to his disorder.” Has just heard that Peter Dobell at Le Havre has resigned. His brother was under the impression that he would be considered as a “prior Candidate” in such an event. If JM will appoint his brother as consul at Le Havre this will add to the many obligations JM has “already conferred on a young man, who will loose no occasion of rendering himself worthy your confidence.” The Hamburg consulate is “by far preferable to that of Havre—for whomsoever Government has destined the latter the exchange must prove highly advantageous.”

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

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


Title: To James Madison from A. Crary & Son, 6 November 1802
From: Son, A. Crary &
To: Madison, James

Letter not found. 6 November 1802, Newport, Rhode Island. Mentioned in Jacob Wagner to A. Crary & Son, 19 Nov. 1802 (DNA: RG 59, DL, vol. 14), as a request for information about a spoliation case. Wagner replied that the case had been transmitted to the minister at Madrid “a long time ago” and while the claims negotiations with the Spanish government were “supposed to have eventuated in a treaty,” the terms are “not exactly known.”


Title: To James Madison from Charles Pinckney, [7] November 1802
From: Pinckney, Charles
To: Madison, James

(Private)
Dear Sir
November 6 [7]: 1802 In Barcelona
I wrote you yesterday that as the King goes from Barcelona to morrow on a Tour to Valencia, where he stays some time, and is afterwards to go to Carthagena where the King & Queen of Etruria are to embark for Leghorn, and it is uncertain when the Court are to return or can return to Madrid or Aranjuez or their fixed residences, or where Business can be done with them—that as Barcelona is halfway to Rome and the Prince of Peace told me he thought I could be back before the Court returned that I had chosen this as the proper time to avail myself of the Presidents goodness in permitting me to visit Italy for a short time, and meant to set out tomorrow going Post, as quick as I could that I might arrive in a short time by Land & return by water to the nearest Port in Spain in January or February—that as I could not possibly get the Presidents & Senates decision on the Convention, I had formed, before February or March, that I meant to make a point of exerting myself so as to be absent but a few Weeks, and those I believe of entire leisure and I mentioned to Mr Cevallos my intention, and that Mr Graham will remain at Madrid charged to attend to any Business which may occur in my absence. Mr Graham being of opinion that during my absence he ought to have the allowance of Charge des affaires, I told him he had better write me a Letter on the Subject, & I would inclose it to you, and be governed by your decision—that I know many Ministers of ours had been occasionally indulged in times of leisure, with leave to visit the neighbouring Country for a short time and that whatever was usual, I would agree to—that if during their short absence their Secretaries of Legation or private Secretaries or the Gentlemen they left were allowed it, I would do so likewise, if authorised by you—that the little difference of money was nothing, but that as these short occasional indulgences had been allowed to our former Ministers in different parts of Europe and would be often asked in future in times of leisure, and it being useful to our Country that our Public Men, who are generally best able to judge, and to avail themselves of the advantages travel affords should see what it is proper to imitate and avoid in those countries they visit, that it was necessary to know what had been formerly done as I was anxious not to establish new or unusual precedents—that my own Situation was particular and different from the other Ministers who had obtained these short indulgences—that the controul of the Consuls in Italy & Portugal on Pecuniary concerns had been given to me, and as there was no Minister in that Country (Italy) nor any one having superintendence of the Consuls in anything, but myself and as it was to me the Government would look for information on the Subject of the Commercial restrictions of these nations, that so far as related to these, I might consider Italy, as within my Department, and that being at Barcelona and in its neighbourhood, had I, for the reasons above stated, gone to that Country for a few Weeks without leave, that I am convinced the President and yourself would have considered me in the line of my Duty—that motives of great Respect & attention to the President, had induced me however not to go without stating to him my Wish, as I should anxiously hope upon all occasions to manifest to him and yourself the greatest possible delicacy & deference in all my official movements and particularly the greatest circumspection in Money Matters. Mr Graham & myself are upon the most intimate terms of Friendship & Confidence, & it is at my request he has written me the inclosed, that we may know what has been done before by Ministers having occasional leave of absence for a short time and whether under my powers over the Italian Consuls & for the purpose of commercial enquiry I ought not to be considered while visiting its Ports & Coasts in the line of my Duty. In the interim I have given Mr Graham an order upon my Banker for 800 Dollars to be arranged as you shall determine.
[I believe it has been invariably the case to indulge our public Officers with occasional leave of absence for a short time from their posts in time of Leisure, both at home & abroad without expecting their salary to stop during their absence. In the Case before us, as your letter to me says nothing relative to its stopping during my absence—as the interval is that of perfect Leisure occasioned by the absence of the King & his constantly moving about—as the consuls in Italy are under my controul in pecuniary concerns & as from your letters to me respecting the commercial restrictions of Spain & Portugal, my views & information upon these subjects in Italy may be useful to your general information of our Mediterranean Commerce, You will at once percieve that I could have no idea of my salary stopping or that I was out of it to make the allowance proposed, my absence being with the President’s permission & in time of perfect leisure in the absence of the King. However I repeat that if You think I ought out of my Salary to make the allowance, I will very readily consent to that or any other deduction or arrangement you think proper. I am very much obliged to the President for giving me the permission & I will endeavour to make my short absence as useful & as interesting as possible. The more of our countrymen who could see & distinguish properly or make just comparisons, that were in Europe at this time the better. I am convinced were you at present to see & examine with Your discerning & republican Eye, the scenes that daily present themselves or the situation of the most important parts of Europe; that the moment You returned to Your country, You would kneel & thank your God you were born there & lived the citizen of a Government so different from any on this side of the Atlantic. You would lament that countries so rich, well cultivated & in many places delightful—so capable of imparting happiness to its inhabitants should want that without which I sincerely believe, a Paradise would be no Paradise to You. But to know & feel this properly it is best to see & examine it ourselves. I have already seen something & I wish to add the View of the Italian states with which we have most to do. I confess also that I feel a desire to see Rome, being much interested in examining that antient seat of Liberty & literature & in contemplating the remains of Edifices erected at a Time when Europe had her republicans too. This Tour if I should be so fortunate as to make it safely, I will the honour to transmit to you with my candid observations on what I may see—& I wish you to have the Goodness to say whether as the Italian consuls & the Portuguese are both under my controul in pecuniary concerns, I am to transmit the Original Vouchers of their accounts or keep them among the Papers of the Office. I have passed very few & as yet have drawn very little money on any account for the time I have been in Europe. Please direct to me in Madrid & let me hear from you when convenient as I have much pleasure in your letters.]
I beg leave to repeat & I believe you know it to be so that nothing but it’s being a time of perfect Leisure here for the next two or three months while the Court is absent could induce me to wish to go to Italy at this time where I really think my presence will be more useful than at Madrid until the king returns.
Please Present me affectionately & respectfully to the President & believe me dear sir ever With affectionate regard & sincere friendship Yours Truly
Charles Pinckney
[The post this moment going off pray have the goodness to excuse my making a copy of this, which I had proposed, but am now obliged to send it with its corrections to ensure its going by this opportunity. It is entirely a private letter.
The Original Via Lisbon & inclosed Mr Graham’s Letter to me mentioned in this.
This goes by a very safe opportunity & is the reason of my giving you my opinions more freely than I generally venture.]

   RC (DNA: RG 59, DD, Spain, vol. 6); duplicate (DLC). RC in a clerk’s hand, except for the last paragraph, complimentary close, and signature in Pinckney’s hand. Date of RC corrected here on the basis of internal evidence and the date of 7 Nov. 1802 on a copy of the RC that John Graham forwarded in his letter to JM, 28 Nov. 1802. The duplicate, in Pinckney’s hand, is dated 8 Nov. and varies from the RC (see n. 2).

   The copy of Graham’s 7 Nov. 1802 letter that Pinckney enclosed has not been found, but Graham sent another copy to JM (see Graham to JM, 28 Nov. 1802, and n. 1).

   The RC and duplicate are nearly identical to this point. In place of the last two paragraphs of the RC, the duplicate has the paragraph supplied here within brackets, which is followed by Pinckney’s complimentary close and signature and the postscript supplied here within brackets.

   Pinckney omitted the word “have” here.

   Pinckney apparently omitted the word “not” here.


Title: To James Madison from Albert Gallatin, 8 November 1802 (Abstract)
From: Gallatin, Albert
To: Madison, James

8 November 1802, Treasury Department. Encloses a copy of a letter from the collector at Boston with John Marston’s and Isaiah Doane’s declarations concerning the Windsor.

   RC and enclosures (DLC: Gallatin Papers). RC 1 p. Docketed by Wagner. The enclosed copy of Benjamin Lincoln to Gallatin, 27 Oct. 1802 (3 pp.), stated that U.S. laws gave Lincoln no power to expel the Windsor except by presidential order, which was not received until about 10 Sept. 1801, at which time the vessel had been abandoned by its master and crew and was unfit to sail. Lincoln’s letter covered copies of Marston’s 27 Oct. 1802 deposition (3 pp.), informing Lincoln that he had purchased the Windsor from Doane on 27 Aug. 1801 for $6,800 and listing the repairs needed to make the ship serviceable, and Doane’s 25 Oct. 1802 letter to Lincoln (3 pp.), stating that the Windsor, having been made a prize by French seamen and stripped while in care of the Berceau, had been sold first to Marston, then to Higginson & Company, fitted out, and sent to sea. Doane said Capt. William Jones could have bought the ship for $6,000 but wished first to collect the £7,000 insurance money in England. Doane was forced to sell the Windsor before Jones’s return.


Title: To James Madison from Vincent Gray, 8 November 1802 (Abstract)
From: Gray, Vincent
To: Madison, James

8 November 1802, Havana. “I have only time to say that the September Packet arrived here from Spain on Saturday Evening [6 Nov.], and brings an Edict of His Catholic Majesty, granting permission to import Lumber from the United States into this Island, in Spanish Vessels—and also to export in the said Vessels, Rum and Molasses, to the said States.” Will forward a copy as soon as the edict is promulgated. The order for delivering Louisiana to France is in the captain general’s hands. “I will endeavor to send you official information by the next Vessel sailing from hence.” “It is to be given up in the same situation it was received from the French, by the Spaniards.”

   RC (DNA: RG 59, CD, Havana, vol. 1). 2 pp. Docketed by Wagner.

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


Title: From James Madison to Edward Thornton, 9 November 1802
From: Madison, James
To: Thornton, Edward

Sir
Department of State Nov. 9. 1802.
I have been honored with your letter of the 16th. Ulto. stating the refusal of the Collector of Norfolk in Virginia to cause a seaman who had deserted from one [of] His Britannic Majesty’s ships of War to be delivered up on application for the purpose, and requesting that orders for the delivery may be transmitted.
It need not be observed to you, Sir, that a delivery in such cases is not required by the law of Nations, and that in the Treaty of 1794. the parties have forborne to extend to such cases the stipulated right to demand their respective citizens and subjects. It follows that the effect of applications in such cases must depend on the local laws existing on each side. It is not known that those in Great Britain contain any provisions for the delivery of seamen deserting from American ships. It is rather presumed that the law would there immediately interpose its defence against a compulsive recovery of deserters. In some of the individual States the law is probably similar to that of Great Britain. In others it is understood that the recovery of seamen deserting from foreign vessels can be effected by legal process. For the state of the law in Virginia, which must decide on the case stated in your letter, I beg leave to refer to the enclosed copy of a letter from the attorney of the United States for that District; remarking only that if any act of that or any other state should be found to violate the Constitution, laws or Treaties of the United States, its operation will be arrested on due resort to the paramount and proper authority of the latter.
This view of the subject necessarily determines that the President cannot interpose the orders which are wished; however sensible he may be of the beneficial influence which friendly and reciprocal restorations of seamen could not fail to have on the commerce and confidence which he wishes to see cherished between the two nations. I have the honor to be &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14); Tr (NjP). Enclosure not found, but see n. 1.

   For the draft of the letter from Virginia district attorney Thomas Nelson to JM, see Circular Letter to Federal District Attorneys, 19 Oct. 1802, n. 3.

   On 25 Oct. 1802 Thornton wrote Lord Hawkesbury that he had “only a verbal reply” from JM to his 16 Oct. letter. He said: “[JM] lamented with great appe⟨arance⟩ of sincerity and candour, that the law gav⟨e him⟩ no authority to surrender any deserter; and when I insinuated to him the inevitable consequence (whatever might be the wishes of His Majesty’s Agents here) of a refusal on the part of our Naval officers to deliver up American Seamen, while so little regard was paid to the duty of reciprocity, he confessed that he saw that consequence in the same light, and that he scarcely could blame it. He observed however, that the Admiralty of Great Britain had in no instance lent their aid in the delivery of any seamen, whether impressed or otherwise, who had been induced to accept the King’s bounty: meaning to infer from thence, that a seaman, though a deserter, entering voluntarily into the service of the United States and receiving their pay, might be with the same propriety refused” (PRO: Foreign Office, ser. 5, 35:326–27).


Title: To James Madison from William Short, 9 November 1802
From: Short, William
To: Madison, James

George Town Nov. 9. 1802
W Short sends his compts. to Mr Madison & incloses the queries wch. the auditor makes as to dates—W.S. took from him the memorandum with a promise to procure the answers as soon as possible, as being necessary to the settlement of the accounts. The dates are there stated but it is proper that they should be received also from the Dept. of State. W.S. has thought he should save trouble to the Department by mentioning as below the dates of his letters in which the answers to these queries will be found

1.In his letter No. 1.—dated Septr. 30. 1789—Mr Jefferson left Paris Sep. 26. & W. S. was presented by him as Chargè des affaires.
2.In letter No. 102. June 25th. 1792.—W. S. presented his letters of credence at the Hague June 18th.
3.In letter No. 169. Sep. 16. 1794.—Letters of credence presented at St. Ildefonso Septr. 7th.
4.As to this WS can say nothing more than that he finds a note made on the back of Mr Pickering’s letter, that it was recd. in August or Septr. He finds no answer among his papers to this letter, which alone could precisè [sic] the date of reception to a day. In the acct. sent from France the charge of salary is made to the end of August & W S. is persuaded that this did not exceed the term one day. Mr Pickerings letter is dated June 17th. 1796. & it will readily be supposed as it passed through England that it will have taken to the end of August for arriving in France. WS. believes it was carried by Mr King—the time of his arrival in London may be also some indication of that at which the letter may have been recd. in France.

   RC (DLC: Gallatin Papers). Docketed by Brent. Enclosure not found.

   Someone, probably Jacob Wagner, here noted, “recd. comn. at Paris May 7 before that date.” JM added, “probably a few days only.”

   Here Daniel Brent noted, “October 23. 1792. Recd. his Commn. for Spain—& 17th December following, set out for Madrid.”

   Brent added the note, “No letter is found in the Office of State from Mr Short, acknowledging the receipt of that from Pickering alluded to.”


Title: From James Madison to Albert Gallatin, 9 November 1802 (Abstract)
From: Madison, James
To: Gallatin, Albert

9 November 1802, Department of State. “In answer to your letter of the 3d. instant on the subject of Mr. Shorts accounts, the enclosed extracts will shew it to have been already decided by the opinion of this Department, that the United States were responsible to Mr. Short, in the case which you state; notwithstanding the credit claimed by Mr. Randolph in the suit of the United States depending against him.”
“The circumstances of the case appear to me to make it a reasonable exception to the rule which disallows interest at the Treasury; and there is satisfactory evidence that was considered and admitted by our predecessors as fairly due to Mr. Short.”

   Letterbook copy (DNA: RG 59, DL, vol. 14); enclosures (DLC: Gallatin Papers). Letterbook copy 1 p. For enclosures, see n. 1.

   JM enclosed extracts (2 pp.; partly in JM’s hand) of letters from Jefferson to Short, 26 July 1790, authorizing a salary increase to $4,500; from Jefferson to Short, 23 Jan. 1792, stating that Short’s salary would be the same in his new position as at his former post, that there would be no interruption in salary since his service had been continuous, and that there would be only “one allowance of outfit and return, the former to take place now, the latter only on your final return”; and from Pickering to John Quincy Adams, 17 Feb. 1797, stating that since Adams and David Humphreys had already received outfits as ministers resident, they were not entitled to new ones on being named ministers plenipotentiary but only to an amount that would make up the difference between their old and new positions.


Title: To James Madison from William Eaton, 9 November 1802 (Abstract)
From: Eaton, William
To: Madison, James

9 November 1802, Tunis. Notes that the accompanying letter dated 22 and 27 Oct. was sent on 27 Oct. by a British ship which returned to port after springing a leak. Received JM’s 10 May letter on 30 Oct. Was directed to forward his account with the returning squadron, “but it must be long since known to the Government that no ship of that squadron showed itself here for seven or eight months previously to leaving this sea. My reasons for not forwarding it by the Washington were stated in the letter of 13. Decemr. last.” Would rather have presented his account in person. “There are items to which I have no regular vouchers, and others whose vouchers require explanation. These people never give receipts for presents.” Neither the bey nor his ministers would receipt gifts delivered in exchange for peace. “I should forever have remained destitute of such a voucher if [the bey] had not committed himself in his letter to the President of 8th. Sepr.” Will send the account by the first direct vessel. Advises that his “measures” with Hamet Qaramanli have cost about $23,000, which he has borrowed and which must be repaid immediately. “I lament having been the principal agent in measures which have incurred this useless expense to my country,” but it would not have been useless if “those measures had received timely support.” Failure of the project will not lead to any inconvenience to U.S. affairs at Tunis although he had feared “more serious consequences from it.” “Chagrin would forbid me ever making this Statement if I were in cash to re-emburse the sum—But I have suffered every species of personal vexation here which barbarity could inflict to compel me into the views of this regency.… I have literally been robbed—and am consequently destitute of resources here.” If the government holds him responsible for the expense, his property in the U.S. must go for reimbursement “so far as it will extend to that object.” Is satisfied he has “yielded no national points here” but has “steadfastly resisted the Bey’s instances and exactions,” although it may lead to his ruin. His “obstinacy,” as the bey calls it, “will produce no public mischief.” On 8 Nov. he made his first visit to the palace since leaving there on bad terms with the minister on 4 Sept. He demanded to be told the destination of the bey’s squadron of five cruisers carrying 104 guns and 730 men and “Was received with more civility than for many months past.” He was assured that the bey has no hostile intentions toward Americans and “will be quiet” until he receives a reply to his letter to the president. Wishes the president’s answer to his own request to keep the gift presented to him by Denmark had been more “decisive and final.” Had initially refused it, but the commissioner begged him not to “offer this contempt to the good intentions of the king,” so he submitted the matter to government. “But the President’s answer throws the subject back to its original position. I shall leave it there till I return to America.”

“From the last clause of your letter of 10. May I am apprehensive Government will be as much disappointed at the ineffectual operations of this season as any individual can have been. It is most unfortunate that any events should have impeded the squadron proceeding to its intended station. The moment was favorable—it is past—and we must retrieve by accelerated energy what we have lost by moderation. No UStates ship of war has appeared on the enemy’s coast since the last of August.” The prizes recently brought to Tripoli and supposed to be American proved to be Swedish. The ships arrived after peace negotiations, but the pasha refuses to liberate them. “Here is a new source of embroil. Such will forever be the consequence of negociation with these pirates so long as cash or foreign intervention are relied upon as mediators.” The Batavian squadron that arrived on 8 Oct. will depart in four days. The Batavians succeeded in restoring their former treaties “without new sacrifices; but they come forward with an imposing attitude.” The squadron included “three ships of the line and several frigates” under Admiral de Winter, “an officer of distinguished talents and merit.”

   RC (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC 4 pp. Docketed by Wagner. A duplicate copy (DNA: RG 59, CD, Tunis, vol. 2, pt. 1) is docketed by Wagner as received 18 Mar. 1803. Extract printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:311–12.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:202–3.

   Eaton listed the amounts for which he had drawn on the State Department in his 13 Dec. 1801 dispatch to JM (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:313–14), adding, “I should forward my accounts by this occasion; but it would seem a useless, as it must be a partial, settlement until after a final payment at Tunis” (DNA: RG 59, CD, Tunis, vol. 2, pt. 1).

   See Eaton to JM, 9 Oct. 1802, and n. 1.

   For Eaton’s plans to use the exiled pasha to overthrow the usurper Yusuf Qaramanli, see Eaton to JM, 18 Mar. and 4 Apr. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:45, 98, 99 nn. 1, 4).

   See Eaton to JM, 12 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:574–75).

   For the gold box presented to Eaton by Denmark, see Eaton to JM, 17 Nov. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:249 n.). For Jefferson’s response to Eaton’s inquiry, see JM to Eaton, 10 May 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:202–3).

   See Eaton to JM, 22 Oct. 1802.

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


Title: From James Madison to Richard Harrison, 10 November 1802
From: Madison, James
To: Harrison, Richard

Sir,
Department of State November 10th. 1802.
I beg leave to furnish you with the following answers to the questions which you have proposed to this Department through Mr. Short, in relation to his accounts:
1st. “At what period was Mr. Short left Chargé des affaires at Paris?”
Answer. Mr. Jefferson left Paris Septr. 26. 1789. having previously charged Mr. Short with our affairs, but on what day does not appear from any evidence in this Department.
2ly. “When did he begin to act, or rather from what is he to be considered as Minister Resident at the Hague?”
Answer: From May 15. 1792.

3dly. “When did his duties as Minister Resident at Madrid commence?” Answer. September 16. 1794.
4thly. “When did his functions cease at that place?”
Answer. On the receipt of a letter from the Secretary of State, dated June 17th. 1796. which permitted his return. The date of the receipt cannot be ascertained by evidence in this Department. With much respect &ca.
James Madison.

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

   See Short to JM, 9 Nov. 1802.


Title: To James Madison from Vincent Gray, 10 November 1802
From: Gray, Vincent
To: Madison, James

Sir,
Havana 10. Nov. 1802
Altho’ I do not consider it policy under present circumstances to overhaul and examine the papers, or into the particular Trade of those Vessels visiting this Port under American Colors, unless they call upon me to claim protection as such, yet I consider it my duty to inform you, that the Slave Trade, between this place nassau and Saint Augustine, and the States of South Carolina and Georgia, is now carried on to a very great extent.
The Slaves are purchased up at this and the places aforesaid, as well as at Jamaica and San Thomas and Conveyed in small vessels, generally large Pilot Boats, to our Coast, where they are disposed of generally, to great advantage. And as we expect the Ports in this Island will be shut after the last day of December next, under the order mentioned in my letter of the 29th. Ulto. you may expect on our Coast after that time, all such vessels as may be turned away from hence: or if they do not, on account of the Season go direct, orders will be given to proceed to Nassau, New Providence; from whence they will be conveyed in Small Vessels to those States.
I have been informed that a person from St. Augustine, who states himself to be by birth an American, hath been here lately, offering to introduce into the State of Georgia, a cargo, or any quantity of Negroe Slaves, at a certain price. I am Sir, very respectfully, Your mo. Obt. Servt.
Vincent Gray

   RC (DNA: RG 59, CD, Havana, vol. 1); Tr (MSaE); Tr (MnHi: Allyn K. Ford Collection). RC docketed by Wagner. The second Tr was forwarded by JM to John Milledge, 15 Dec. 1802.


Title: To James Madison from Robert R. Livingston, 10 November 1802
From: Livingston, Robert R.
To: Madison, James

Dear Sir
Paris 10th Novr 1802.
France has cut the knot. The difficulties relative to Parma and Placentia that stopped the expedition to Louisiana have ended by their taking possession of the first. As you see by the enclosed paper, orders are given for the immediate embarkation of troops (two demi brigades) for Louisiana they will sail in about twenty days from Holland. The government here will give no answer to my notes on the subject. They will say nothing on that of their limit or of our right under the Spanish treaty. Clerk has been presented to General Victoire as a merchant from Louisiana taking him for a French citizen the general he says did not conceal their views which are nothing short of taking exactly what they find convenient. When asked what they meant to do as to our right of entrepôt he spoke of the treaty as wastepaper & the préfet did not know that we had such right tho it had been the subject of many conversations with the minister & of three different notes. The sum voted for this service is two millions & a half as to the rest they expect to compel the people to support the expences of government which will be very heavy as the number & suite of the officers civil & military are great, and they are not empowered to draw so that the first act of the new government will be the oppression of their people and of our commerce. I believe you may add to this early attempt to corrupt our western people & if I may judge by the temper that the general will carry with him an early attempt upon the Natchez which they consider as the rival of New Orleans. If you will look back to some of my letters on this subject you will see my opinion of the necessity of strengthening ourselves as soon as possible both by forces and ships at home and by alliance abroad. No prudence will I fear prevent hostilities ere long and perhaps the sooner their plans develop themselves the better. In a letter to the president sent by the way of England I mention a conversation with Joseph Bonaparte from which I derived some small hopes, but they are of no avail now that the expedition is determined upon. I had yesterday written you a long letter upon the general state of our affairs but having no one to copy it & anxious to give you this intelligence as early as possible I confine myself to this single object least I should miss the ship which is about to sail from Havre. I am Dr Sir with the most respectful consideration Your Most Obt hum: Servt
Robt R Livingston

   RC and triplicate (DNA: RG 59, DD, France, vol. 8); RC (PHC); draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1). First RC docketed by Wagner as received 3 Jan. 1803. Triplicate and second RC in a clerk’s hand; second RC docketed by Wagner. Draft identified as “letter No. 23—in the Book. No. 62.” Italicized words are those encoded by Livingston’s secretary and decoded here by the editors. First RC decoded interlinearly in pencil by JM. Second RC decoded interlinearly in an unidentified hand. Enclosure not found.

   This word was miscoded as “than.” In his decoding, JM interlined “has” over “than.” The draft and letterbook copy read “has.”

   Following the 9 Oct. 1802 death of Ferdinand of Parma, Napoleon declared that the states of Parma and Piacenza belonged to France under the Treaty of Aranjuez, and he appointed Médéric-Louis-Elie Moreau de Saint Méry administrator general (Annual Register for 1802, pp. 465, 641).

   The letterbook copy reads “Mr. Clarke whom you know,” referring to Daniel Clark.

   Livingston referred to Claude-Victor Perrin (see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:491–92 and n. 2).

   This word was miscoded as “ledge.” JM’s decoding is illegible. The draft and letterbook copy read “French.”

   Livingston’s alarm at possible French aggression after the transfer of Louisiana had increased during the first several months after his arrival in Paris (see Livingston to JM, 31 Dec. 1801 and 26 Feb. 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:360 n. 2, 494 n. 1).

   See Livingston to JM, 2 Nov. 1802, n. 13.


Title: From James Madison to Joseph Hemphill, 10 November 1802 (Abstract)
From: Madison, James
To: Hemphill, Joseph

10 November 1802, Department of State. Acknowledges Hemphill’s 18 Oct. 1802 letter [not found] asking JM to communicate the decision “that is said to have been made on the appeal from the sentence of condemnation at Halifax” of Stephen Girard’s brig Sally. “This Department is possessed of no Information, from which I can do this.”

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

   Pennsylvania Federalist Joseph Hemphill (1770–1842) served in the U.S. House of Representatives, 1801–3, 1819–26, and 1829–31 (Fischer, Revolution of American Conservatism, p. 349).

   The Sally had been captured by the British as it returned from a voyage to Batavia in 1800. The ship was condemned and sold at Halifax on the grounds that although Girard had been living in America since 1774, he had been born in France, had traded with French colonies, and therefore must be considered a French citizen. The decision was appealed to London where it was reversed in August 1801 (McMaster, Life and Times of Stephen Girard, 1:383–86, 388–92).


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

10 November 1802, Liverpool. Since writing his dispatch of 28 Sept. he has received JM’s of 26 Aug. and will conform to its instructions. “I am truly concerned to have occasion again to submit to you the propriety of making known to our ship owners & Merchants the necessity of having such of their vessels as be destined for this Country navigated by a Master & three fourths of the Crew American Citizens, agreeable to the Law here, which holds as British Subjects all those who were so on the 4th February 1783. notwithstanding their having become American Citizens since that time, agreeable to our law.” Failure to observe this precaution has caused “very great loss & Inconvenience” to the owners of the United States, which recently arrived from Alexandria “to a most advantageous Market.” The ship and cargo were refused admission because Capt. S. J. Spence was a British subject under British law. Since passage of the act enclosed in his 14 Sept. letter, doubts have arisen as to the admissibility of cotton carried in American vessels from New Orleans for British domestic consumption. Two U.S. ships recently arrived from New Orleans had their cargoes admitted after declaring themselves “from the Deposit belonging to the United States of America on the River Mississippi.” Suggests this information be publicized. Encloses market report for U.S. imports [not found].

   RC (DNA: RG 59, CD, Liverpool, vol. 2). 2 pp. In a clerk’s hand, signed by Maury. Extract printed in the National Intelligencer, 14 Feb. 1803.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:602.

   Maury was probably referring to the State Department circular of 26 Aug. 1802 (see Gallatin to JM, 16 Aug. 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:489–90 and n. 5).

   “An Act for carrying into Execution the Treaty of Amity, Commerce, and Navigation, concluded between His Majesty and the United States of America,” 37 Geo. 3, c. 97, stated that the master and at least three-quarters of the crew of any American ship importing goods from the U.S. into Great Britain must be American citizens (Owen Ruffhead, The Statutes at Large, from Magna Charta, to the End of the Last Parliament, 1761 [18 vols.; London, 1763–1800], 17:585).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:581.

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


Title: To James Madison from Griffith Evans, 11 November 1802
From: Evans, Griffith
To: Madison, James

Sir
Philad. Nov 11. 1802
In the month of July last I transmitted my concluding Account as Secretary to the late Board of Commissioners under the 6⟨th⟩ article of the British Treaty, to the U. S. Treasury for settlement, About the commencement of the following month I received a letter from the Comptroler advising me that the settlement had been made, and that the balance would be remitted to me by the Treasurer, Including however the following paragraph vizt.

“This balance is 338 40/100 Dollars less than that stated in the account rendered, and arises from the following causes viz.

“This sum charged on Vo. No. 21. 24 & 36 for medical attendance and funeral charges of John Challis late messenger of the Board deemed inadmissible
32.84

“This sum overcharged on Vo N 102
67

“This sum overcharged for your own salary the same being extended to the 30th June instead of the 11th: of May the day you received notice of the Secretary of State of the cessation of your appt. @ 550 Ds ⅌ Qr
 304.95

$336.46”

I thought those deductions rather extraordinary and requested that the papers might be laid before the Secretary of the Treas[ur]y for a reconsideration, accompanying my request with the following additional document, which I here copy least it may not be found at present, to wit.
“I do Certify that John Challis was employd as messenger to the Board of Commissioners under the British treaty in the year 1799, that he was left in town when the office was removed into the country for the purpose of receiving and carrying out their letters and messages. That while in the execution of that duty he was siezed with the prevailing epidemic & died of it.
“That Mr. G. Evans the Secretary was directed by the members to supply what might be necessary for his expences while sick and to defray the expence of his funeral; which I understood had been done ⟨and⟩ if the Account had been exhibited to the Board

   The board never met after this.

 I have no doubt the Amo⟨unt⟩ would have been allowed by them.
  signed Thos. FitzSimons”
Whereupon I was immediately answered by a Clerk—“that if further allowances were to be made they could only be founded on the opinion of the Secretary of State to that effect. That under these circumstances you will perceive the propriety of making direct application to that officer, whose opinion in the case will govern the treasury.”
This application I now take the liberty of making, ⟨it⟩ should have been done sooner but my absence from the City rendered it inconvenient.
With reference to the first sum deducted, I humbly conceive, the documents, including the one now sent, manifestly declare the authority, the necessity and the justice of the expenditure; and that the money was actually paid by me on the same good faith as the rest of the account, there certainly can exist no doubt, nor can I believe that anything more will be required to substantiate this item.
The second I suppose to be an error of clerkship the money however was paid as charged.
The last is a deduction of my own compensation. On this point I only refer to my letter of the 4th of August last, and submit with confidence to the exercise of your own disc[r]ession conformably to the Customs of our public departments on such instances. I conclude this brief statement with praying you to have the goodness to cause the original papers to be brought before you from the Treasury office, and that you will be pleased to review the circumstances attending the abov⟨e ded⟩uctions, and determine in the case what you shall find to be just & prop⟨er.⟩ I have the honour to be with very great respect Your most Obedient Servant
Griffith Evans

   RC (DNA: RG 217, First Auditor’s Accounts, no. 13,956); letterbook copy (CSmH: Philadelphia Commission Letterbook 1). On the verso of the RC is a 27 Nov. note in Wagner’s hand (1 p.; signed by JM), which authorized the extension of Evans’s salary to 30 June, noted that the treasury had admitted the charge for expenses for Challis, and left the decision regarding the clerical error to the treasury. At the bottom of the letterbook copy Evans noted, “In consequence of the foregoing my Accot. was reconsidered & a balance of 337.79/100 Dolls found due to me.”

   Evans’s account as secretary to the commission totaled $12,957.94, $1,346.40 of which Evans claimed was still due him. The treasury clerk had advised payment of only $1,007.94 (DNA: RG 217, First Auditor’s Accounts, no. 13,626).

   Arithmetic error in RC; letterbook copy reads $338.46.

   On 4 Aug. 1802 Evans had written to Steele giving substantially the same reasons shown here why the amounts in dispute should not have been deducted from his account, adding, “if I am not allowed my salary, I ought at least to be allowed a quantum meruit for the duties necessarily performd after notice of the conclusion of my appointment.” In a note on the cover, acting comptroller David Rawn referred the letter to Gallatin, who returned it with a note stating that any doubtful issues must be referred to JM (ibid., no. 13,956).


Title: To James Madison from George W. Erving, 11 November 1802 (Abstract)
From: Erving, George W.
To: Madison, James

11 November 1802, London. Has “this day” drawn on JM in favor of Laurence Williams for $2,555 at thirty days’ sight. “This is for the service of the Agency for the relief and protection of American Seamen, according to particulars contained in my dispatch of Octr: 21st: to Nov: 5th: which went by the English Ship Mary, Thomas Temple Master on board which Vessel I sent as passengers eighty two of our distressed Seamen.”

   RC (DNA: RG 59, CD, London, vol. 8). 1 p. In a clerk’s hand, signed by Erving. Docketed by Wagner.

   For a list of seamen shipped on board the Mary, see Erving to JM, 21 Oct. 1802, n. 14.

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


Title: To James Madison from William Kirkpatrick, 11 November 1802 (Abstract)
From: Kirkpatrick, William
To: Madison, James

11 November 1802, Málaga. Forwards a copy of his 20 Oct. dispatch. The board of health at Madrid has since notified the seaport towns that “the Yellow Fever was raging, With the most malignant Symptoms in Philadelphia, by advices received from the Spanish Consul resident there,” advising against admitting any American ships “proceeding from that Quarter.” The board of health determined in a general meeting that no ships arriving from “any Port of the United States” are to be admitted to the mole; they will be turned away to perform quarantine elsewhere. Has learned unofficially of this “extraordinary determination” from a friend, as measures adopted at board meetings are not made public. “Of Course I cannot represent against it, but I shall, do every thing in my Power to have it revoked, the moment they pretend, to turn off, any of our Vessels, from any other part of America, than Philadelphia, when furnished with a Bill of Health, Certified by the Spanish Consul.” Implementation of the resolution, “adopted in a great measure thro Ignorance,” will be prejudicial to American trade in the Mediterranean, as “it would be imprudent” for ships to sail without convoy.
Has learned by a 4 Nov. letter from Gibraltar that “the Governor of Tangier, had demanded … a Passport for the Tripoline now Moorish Ship … to proceed for Tripoly.” The Swedish and American consuls refused. Orders were sent to Gibraltar for the return of the emperor’s passport and of the certificates from the other consuls at Morocco, “which has been done,” and the ship is again laid up awaiting the emperor’s further decision. Hopes this “may not Occasion fresh disturbances with Morocco.” His latest letters from Leghorn report that Commodore Morris and convoy “had only reached that Port on the 12 Ulto.” “The Schooner Enterprize was immediately after despatched with Another Convoy, and has arrived at Barcelona on her Way down the Mediterranean, I consequently daily look for her in this Quarter.” A Swedish frigate leaving Málaga “this day” for repair at Toulon is convoying three American and sixteen Swedish ships.

   RC (DNA: RG 59, CD, Málaga, vol. 1). 3 pp. Postmarked New York, 14 Feb. 1803. Docketed by Wagner. Printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:312–13.

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


Title: From James Madison to Isaac Cox Barnet, 12 November 1802
From: Madison, James
To: Barnet, Isaac Cox

private
Sir
Washington Novr. 12. 1802
Your letter of Sepr. 10. has just been recd. I am glad to find that the appointment given you, proves so acceptable. Since it was forwarded, a vacancy in the consulate at Havre has come into view; and I am authorized by the President to enquire whether that place would be preferred by you to Antwerp. It is desireable that your answer on this point should be delayed as little as possible, that the final arrangements for both places may be ready before the rising of Congress, which is fixed at the 3d. of march next. I am Sir very respectfully Your Obedt. hble servt.
James Madison

   RC (owned by American Museum of Historical Documents, Las Vegas, Nev., 1988); letterbook copy (DNA: RG 59, IC, vol. 1). RC docketed by Barnet, “Received March 5th 1803 / Answer’d.”

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:567.


Title: To James Madison from John Francis Mercer, 12 November 1802
From: Mercer, John Francis
To: Madison, James

(private)
Dear Sir
Annapolis Nov. 12th. 1802.
As you sometime since promis’d me that you woud forward to me any communications you might receive from Mr King relative to the Bank Stock of Maryland, I shoud have concluded from your silence that nothing on the subject had transpired from our Minister, but aware of the multiplicity of business that continually occupies your attention, & which may put this object out of sight or delay its communication, I have only written this to remind you of your promise & that any information on the subject woud at this moment be peculiarly interesting as the Legislature have it presented to them, now & I woud not wish them to act on partial communications.

   RC (DLC). Complimentary close and signature apparently were clipped.

   For the history of the Maryland bank stock case, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:164 n. 1.

   On 10 Nov. Mercer had suggested to the Maryland legislature that he be directed to confer with Jefferson on what further steps should be taken regarding the $800,000 in Maryland bank stock that was held by Great Britain (National Intelligencer, 26 Nov. 1802).


Title: To James Madison from William Eaton, 12 November 1802 (Abstract)
From: Eaton, William
To: Madison, James

12 November 1802, Tunis. “The cause of the sudden change of treatment on the part of this Bey towards me … is just now discovered. About thirty days ago arrived here a chaux (messenger) from the Sublime Porte with a firman from the Grand Signor demanding immediate restitution of three Sardinian merchant vessels and cargoes, captured during the late war, by the Bey’s cruisers, while under the escort of a russian frigate; on pain of change of relation in case of refusal. The Bey dismissed the Chaux without consenting to the indemnity.” On 4 Nov. Chevalier de Barthés, “late a Colonel in the Swiss guards,” arrived from Rome as a commissioner from the king of Sardinia to negotiate the liberation of several Sardinian subjects taken from the island of San Pietro “about four years ago.” “The Chevalier took appartments in the American house—and yesterday he showed me his powers and the document which supported them.” Among the documents was a memorial from the Russian ambassador at Constantinople to the Grand Signior “remonstrating against the insult offered the Russian emperial flag by the corsaires of Tunis in having captured, while under the convoy of that flag, the three vessels above mentioned.” Russia demanded “restitution of the property and satisfaction for the insult; in conformity to treaty stipulations which guarantee, on the part of the Sublime Porte, the respect of the Barbary States towards the flag, subjects and allies of Russia: This memorial produced the firman above mentioned.” A second memorial from the Russian ambassador to the Sublime Porte demanded the return “without ransom or exchange” of the residents taken from San Pietro, since the king of Sardinia was formally allied with the Russian, Ottoman, and British Empires at the time of seizure. “This memorial produced a second firman from the Grand Signor to the Bey, now in the hands of the commissioner, ordering him … to set at liberty the said Sardinian captives … and threat[en]ing him with chastisement in case of disobedience. These reclamations so mortifying to the pride and so wounding to the avarice of the Bey, cannot be yielded without an effort to evade them.” If the bey is compelled to submit “it will humble the opinion he began to entertain of his independence of the Porte, and disappoint him in the sum of about 315,000 dollars which he had either realized or anticipated as certain from the capture of those vessels and subjects.” Believes the squadron he mentioned in his 9 Nov. letter, “which sailed yesterday evening,” was sent out by the bey to observe the movements of Captain Bashaw [Husayn Pasha]. Such a large detachment of government cruisers is seldom “put to sea on a project of plunder at this season of the year: hence it may also be presumed that the Bey intends to resist the interference of the Grand Signor to the utmost.” As the execution of the order concerns the honor of the Russian flag as well as the alliance of the British and Russian courts, the bey must eventually yield. “The discussion of the subject however must necessarily employ his ingenuity and keep his piratical enterprises in suspense for some months. This event therefore offers a favorable occasion to the … UStates to meet the insolence of this Bey in his late extraordinary demand for a frigate 36 guns. The Grand Signor has also similar reclamations on the Bashaw of Tripoli; but I am not so accurately informed of the stages of that affair. No time should be lost in siezing these advantageous positions: for, should the regencies terminate these difficulties, as they undoubtedly must by concessions, they will immediately after put themselves on enterprise to indemnify themselves by outrages on other nations where they shall have nothing to apprehend from the interferences of those superior powers.” The only such nations now are the U.S., Denmark, and Sweden. “The extention of the protection of the flags of Russia, Constantinople & England together with that of the French republic, cover almost the entire commerce of the Mediterranean; at least so far as to involve these regencies in discussions and embroils in which they must be eventually loosers [sic], as has been the case in many of their late captures. They must therefore of necessity abandon their old sources of plunder and seek new, or totally reform their system of piracy; the latter is not among probable cases.” If the U.S. does not “stamp an impression of terror on the minds of these pirates, we shall most certainly become their prey.”
States that it is fortunate Barthés has taken rooms with him. “He is a man of talents. I have acquired his confidence; and shall be informed … of the progress of his negotiation; which will enable me, if supported, to profit of the most favorable moments to effect the great object of causing the flag of the UStates to be respected here.” Repeats a tale told him by Captain Bainbridge more than a year ago as evidence that the Grand Signior “would not be averse to seeing these regencies humbled, or at least that he does not chuse to be considered as countenancing their piracies.” When Bainbridge arrived at Constantinople with an Algerine flag on the mast of the George Washington and declared himself to be an American, Captain Bashaw said, “Haul down that piratical flag, and I will treat you with the marks of friendship and distinction due to a Stranger and to a respectable nation!” Notes that the Sublime Porte is becoming jealous of “the growing Strength and independent notions” of the regencies and suggests it might be good policy for the U.S. to have a representative at Constantinople, “at least during the present war.” Repeats that treaties with the Barbary powers cannot be depended on unless “compelled by force.” Is mortified to see the U.S. classed with Denmark and Sweden, “countries which at this moment, have scar[c]ely a place in the rank of nations and which, though constitutionally brave, by concessions necessarily resulting from their dependencies have become disregarded here.”

   RC (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC 4 pp. Marked “Duplicate.” Docketed by Wagner as received 18 Mar.

   Firman: “an edict or order issued by an Oriental sovereign, esp. the Sultan of Turkey” (OEDOxford English Dictionary.).

   In December 1800 Eaton had reported that “upwards of nine hundred subjects” of the king of Sardinia, “chiefly women and children,” were taken from the island of San Pietro by “a noted pirate, Hamed Rais” in September 1798. Among the captured were two sons of the count of St. Antioch and their families. Eaton had ransomed the count’s granddaughter, who was destined for the bey’s harem, “but the mass of these unhappy people, abandoned by their king are left to groan away life in chains” (Eaton to John Marshall, 20 Dec. 1800 [DNA: RG 59, CD, Tunis, vol. 1]; see also Eaton to JM, 7 Sept. 1801, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:89, 90 n. 2).

   Russia and the Ottoman Empire had signed a treaty on 3 Jan. 1799 which provided that each was to give assistance to the other in their own territory (Shaw, Between Old and New, pp. 266–67).

   For Bainbridge’s voyage to Constantinople on behalf of the dey of Algiers, see Eaton to JM, 10 Apr. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:82 n. 4).

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


Title: From James Madison to Thomas FitzSimons, 13 November 1802
From: Madison, James
To: FitzSimons, Thomas

Sir
Department of State Novr. 13. 1802
I have duly received your letter dated through mistake the 16 Inst. enclosing an account of Messrs. J & Wm. Perot for services relative to american claims for captures made by British cruizers previous to the Treaty of 1794, and giving notice that you will retain the Bill which has been drawn upon you for the amount of this account, ’till you shall receive directions concerning it. I have referred the account to the Treasury Department, where the sum that may be found due on an adjustment of it will be paid, in the usual way, to the Holder of the Bill. With much respect &ca.
James Madison.

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

   FitzSimons’s letter has not been found, but it presumably contained the 26 Aug. 1802 account of James and William Perot of Bermuda for services rendered in court proceedings in the cases of twenty American ships (DNA: RG 217, First Auditor’s Accounts, no. 14,088). Filed with the account is the Perots’ 2 Sept. 1802 bill, drawn on FitzSimons, for the $1,138.51 claimed for the ships listed.


Title: To James Madison from Robert R. Livingston, 14 November 1802
From: Livingston, Robert R.
To: Madison, James

Dr Sir
Paris 14th. Novr 1802
In addition to my last (duplicates enclosed) I have obtained accurate information of the offer to Spain. It is either to sell them Parma for 48 millions of Livres or to exchange it for Florida. You see by this the value they put on Florida. I fear Spain will accede to their proposition. Lord Witworth is arrived. The affairs of Switzerland are in a train to be settled as France thinks proper the diet being dissolved & deputies appointed to come to Paris. Sweden has made a peace with Tripoli, for which she pays 150000$. The Emperor is not yet satisfied with the indemnities, & there are many symptoms of change in the politicks of Russia. I have the honor to be Dr Sir with the highest essteem Your Most Obt Hum: Servt
Robt R Livingston

   RC and triplicate (DNA: RG 59, DD, France, vol. 8); draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1). RC docketed by Wagner. Triplicate in a clerk’s hand, signed by Livingston. Italicized words are those encoded by Livingston and decoded here by the editors. RC and triplicate decoded interlinearly by JM. Draft marked “No 64.” Letterbook copy dated 12 Nov. 1802.

   See Christopher Gore to JM, 20 Oct. 1802, and n. 1.


Title: To James Madison from John Taylor, 15 November 1802 (Abstract)
From: Taylor, John
To: Madison, James

15 November 1802, Caroline, Virginia. Introduces his neighbor Landon Carter of Cleve, who comes to Washington “with an invention, which, if it is as successful in practice, as it promises in theory to be, will serve still farther to exalt the American character.” “Altho’ you may have no particular acquaintance with him, his reputation must undoubtedly have reached you.”

   RC (DLC). 1 p. Docketed by JM.

   John Taylor of Caroline (1753–1824) was a Revolutionary War veteran, lawyer, agriculturalist, and political writer, and an early and faithful supporter of Jeffersonian republicanism. He served in the U.S. Senate, 1792–94, and was appointed to fill the Senate seat of Stevens Thomson Mason, who died in May 1803, until a successor to Mason was elected in December 1803. Taylor also served a number of terms in the Virginia House of Delegates with JM in the 1780s, and in the 1798–99 session he introduced JM’s Virginia Resolutions to the legislature. In 1808, however, Taylor supported Monroe instead of JM for the presidency, and he went on to oppose the War of 1812.

   Landon Carter (1751–1811) of Cleve in King George County had served in the Virginia House of Delegates, 1780–81 (PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (3 vols. to date; Charlottesville, Va., 1984—)., 2:239 n. 1).


Title: From James Madison to Richard Harrison, 16 November 1802
From: Madison, James
To: Harrison, Richard

Sir
Department of State November 16. 1802.
In settling the accounts of David Lenox, as an agent of the United States in England for the relief and protection of American seamen, his salary is to be computed from the time of his leaving home, the 28th. of April 1797, to his return to it, on the 16. August 1802. The inclosed extracts from two letters of the Secretary of State will shew, that the rate of his salary is to be 3,000 dollars per annum, for his services, his personal and travelling expences. Having been instructed to visit certain ports and places, it seems reasonable that the expence of an agent during his absence should be a charge against the United States. Necessary office rent and the interest paid by him for money which he borrowed on public account, in consequence of its not being advanced by the Bankers of the United States, seem also to be reasonable charges. Coach hire appears to be included “in his personal & travelling expenses” which are not to be extra charges. As his salary was running on during his passage out and home, the usual construction disallows also any extra charge on this account. With much respect &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14). Enclosures not found, but see n. 2.

   See Lenox to JM, 17 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:498 and n. 1).

   JM probably enclosed extracts from Timothy Pickering to Lenox, 2 Jan. 1800, informing him that the president had approved a salary increase from $2,500 to $3,000 per year, retroactive to the beginning of his services as agent; and Pickering to Lenox, 24 Mar. 1797, forwarding his appointment and instructions (DNA: RG 59, IM, vol. 6).


Title: To James Madison from Benjamin Dearborn, 16 November 1802 (Abstract)
From: Dearborn, Benjamin
To: Madison, James

16 November 1802, Washington. Believing that William Thornton’s talents will eventually lead to his promotion, offers his own services should Thornton resign. Has always desired a position in which he could promote “the Progress of the Useful Arts” in his native country by fostering indigenous discoveries and patronizing inventors. States that the extent of U.S. territory and the limited population “unite in their demands, for the Reduction of Manual Labor, by the Genius of the Inventor.” A position in the Patent Office would allow him to realize his wish. “In this field, to Labor, would be to me Enjoyment; to give Satisfaction would gratify my heart.” Hopes this will constitute an apology “for a Proffer of Services, which, otherwise, might appear premature, if not ridiculous.” Has no desire to supersede Thornton; asks only to be considered should a vacancy occur in the future.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Dearborn”). 3 pp.

   Benjamin Dearborn (1735–1838) was described as “a man of science, and author of many useful inventions,” of which Dearborn’s “Patent Balance” was the best known (Boston Daily Advertiser, 24 Feb. 1838).


Title: To James Madison from Thomas Jefferson, 18 November 1802
From: Jefferson, Thomas
To: Madison, James

Nov. 18. 1802.
Will you give the inclosed a serious perusal, and make such corrections in matter & manner as it needs, & that without reserve, & with as little delay as possible, as I mean to submit it in like manner to the other gentlemen, singly first, & then together. The part respecting the treasury department is not yet prepared. A concluding paragraph is also to be added, when we see if any other matter is to be inserted.

   RC (DLC: Rives Collection, Madison Papers). Unsigned. The enclosure was no doubt a draft (not found) of Jefferson’s 15 Dec. 1802 message to Congress, which had been in preparation for some time (Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:181–87 and n. 1).


Title: To James Madison from William Willis, 18 November 1802 (Abstract)
From: Willis, William
To: Madison, James

18 November 1802, Barcelona. Reports that Pinckney left Barcelona for Italy on 8 Nov. “I have had no letters from him, but have heard he got on Expeditiously as far as Montpellier, and was ready to Set out for Marseilles on the 14th.” Has been “much occupied of Late” investigating the business of the false papers and encloses the third set of a blank register and Mediterranean pass. “I deliver’d one of the Sets to Mr. Pinkney, & Shewed to him the Plate which I before wrote you about.”
“But the Principal object of this letter is to enclose you an Extract of a Letter Receiv’d this day from Benjamin B. Mumford, [in] which … he Says, ‘Suppose, Sir, we were to transmit the Second Sett of Papers Signed by you for the Ship Pomona, Captain Lewis, together with the Remaining Blank registers, Mediterranean Passes, with the Plate and Various Seals engrav’d by Mr. Bomas, to the Secretary of State, what would be the Consequences to you in your Private, but more Especially in your official character. Reflect, Sir; with us depends infamy or Respect Attached to your character.’ The Impudence Attach’d to the Vilany of those who Mumford Stiles we, is without a Parallel. This extract Plainly Proves that the Blank Papers, Plate &c. are in the Reach or in Possession of some Person from whom he or they Expect to find them at Pleasure.” Suggests that if JM were to send Mumford the extract and demand the items listed, he might discover the location of the seals. “The word Remaining clearly implies the whole that have not been used, and implies a knowledge of those used, and those Remaining.” The number of people meant by the word “we” is unclear, but Willis supposes it includes Mumford, William Baker, Thomas Lewis, and perhaps former vice-consul Peter Stirling. “The Presumptions against the Last are very Strong as you will See by the Copy of a Receipt changed and mutilated in my Absence, and also the Equivocating Affidavit which I also Send you a Copy of.” Stirling claims he disobeyed Willis’s orders out of fear of Mumford. Willis disbelieves this and says they must have been on good terms for Stirling to change the receipt and alter the dates in favor of Mumford. The papers Mumford alludes to were never signed, but Willis believes that his signature was forged during his absence in France in September 1801—“these Vilains can never have the Hardiness to present Any Such Papers.” Baker fled Barcelona about 6 Nov. to avoid arrest. “The demands against him were upwards of thirty thousand Dollars which he in Concert with Mumford and others have no better than Swindled a number of people out of here.”
“I have discharged Peter Stirling from the Consulate and house on Account of many improper Acts. He, Contrary to my orders, was much of his time with Lewis and Baker, and was always ready on their call to give them Every information from the Consulate, they Asked him for. He Produces no Receipts for Large Sums of Money he States to have Paid for my House; in Short I have been much Deceiv’d and Disappointed in him; it is in Concert with him that Mumford & others have Acted their Vilany.”

   RC and enclosures (DNA: RG 59, CD, Barcelona, vol. 1). RC 3 pp. In a clerk’s hand; complimentary close and signature by Willis. Docketed by Wagner as received 26 Feb. For enclosures, see n. 3.

   Willis to JM, 19 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:593).

   Willis was probably referring to printer Francis Baumés.

   Willis enclosed copies (3 pp.) of six items in support of his claims about the perpetrators of the forgeries, including Baumés’s 1 Oct. 1801 receipt; an 18 Aug. 1802 affidavit by Peter Stirling, Willis’s cashier, stating that Mumford had altered the receipt; Willis’s 20 Oct. 1802 note stating that Stirling acknowledged changing the receipt; Willis’s 18 Nov. 1802 note describing the changes; Peter and William Stirling’s 11 Aug. 1802 deposition that Mumford had offered them a chance to “make their fortunes”; and Peter Stirling’s 11 Aug. 1802 deposition claiming he did not pursue the investigation because he was afraid of Mumford.

   In a 17 Oct. 1803 deposition before Willis’s successor, John Leonard, Peter Stirling implicated Willis in every stage of the affair (DNA: RG 59, CD, Barcelona, vol. 1).

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