Title: To James Madison from William C. C. Claiborne and James Wilkinson, 9 January 1804
From: Claiborne, William C. C.,Wilkinson, James
To: Madison, James

Sir,
New Orleans Jany 9. 1804.
The Orders from the French Commissioner, for the Delivery of the Posts at Natchitoches and those in upper Louisiana, of which we have been in Expectation for some Days, are not yet received. The Delay has arisen from the Tardiness of the Spanish Commissioners. We are informed however by Mr Laussat, that he has, at Length, received from the Marquis de Casa Calvo, the necessary Instructions to the Spanish Commandants at these Posts; and that we may expect tomorrow, the Orders we have sollicited. None of the Archives &c of the Province have yet been surrendered, nor do we know when to calculate upon receiving them. It is understood that the late Intendant, Moralis is arranging the Papers which relate to the Land Titles and which we consider as the most important Documents.
No apparent Preparations are making by the Spaniards, for with drawing their Troops, military Stores &c. They still occupy the Buildings which were mentioned in our last Letter; and the Inconveniences arising therefrom to the Service of the United States, remain nearly the same. Mr Laussat is apparently solicitous to make on the Part of the French Republick a prompt & complete Evacuation. He manifests however some Fears, lest the necessary Means may not be at his Command. There is at presen⟨t⟩ in this Port, a national French Brig, on Board of which he proposes to convey a Part of the military Stores & some of the French Officers. To enable this Brig to proceed he has determined to complete her crew, which has been much diminished by her long stay here, from the French Sailors in this Port & dispersed about the Country, over whom, they being enrolled in the French Marine, his Government, as he states, possesses certain Rights, wherever they may be. In his Communication to the American Commissioners relating thereto he adds,
“J,agis [sic] comme Cessionaire de la Louisiane & par suite de l’Execution de ce Traité qui nous est respectivement confiée et en vertu duquel je ne vous ai remis l’autorité sur ce Pays, que sous la Reserve tacite d’en conserver moimême, tout ce qui m’etoit necessaire pour operer, son Evacuation par la France.”
To this Communication we have not yet replied and since receiving it, Circumstances have occurred, which raise a delicate Question, and we expect to be under the Necessity of deciding how far the American Government shall assist by Force of Arms, the French Commissioner, in taking out of the Country, within the Period allowed by the Treaty for the Evacuation, certain Officers belonging to the Land & Sea Forces of France. We could wish were it possible, to receive your Opinion on this Subject; but as the Occasion requires a speedy Decision, we shall exercise our best Judgment, and our final Determination will be maintained with Firmness. An inveterate Animosity exists between the Prefect and some French Officers here, which is likely to involve the American Commissioners and the Government of the Province in some Embarrassments. A few Days since, a marine Officer grossly insulted the French Commissioner, as is stated, in his own House; and used Menaces towards his Person. The Officer was arrested on the Spot by the guard of American Troops which has been given to the Prefect, and is now in Confinement, charged with an offence, which the Commissioners view as an outrage against the Laws of Nations.
Herewith we transmit Duplicates of our Letters of the 27. Decr. ulto & 3 Jany current, & likewise an additional Copy of the Proces-Verbal, relating to the Transfer of the Province. By the next Mail we expect to forward Copies of all the material Parts of our Correspondence, hitherto, with the Commissioner of France. Accept the assurance of our sincere Respect & high Consideration.
William C. C. Claiborne
Ja: Wilkinson

   RC, two copies (DNA: RG 59, TP, Orleans, vol. 3). First RC in a clerk’s hand, signed by Claiborne and Wilkinson; docketed by Wagner as received 30 Jan. Second RC marked duplicate.

   Laussat stated that in his capacity as transferee of Louisiana, he was handing over authority in the country to Claiborne and Wilkinson, with the reservation that he was retaining to himself all that was necessary to implement the evacuation of the territory by France (editors’ translation).

   This was probably Captain Candon, former commander of the cutter Terreur, with whom Laussat had had previous disagreements. He had come to Laussat’s house on 6 Jan. demanding a visa, reportedly insulted Laussat and several others, and drew his sword on paymaster Jean Navailles. Laussat ordered him returned to France (Kukla, Guide to the Laussat PapersJon Kukla, ed., A Guide to the Papers of Pierre Clément Laussat, Napoleon’s Prefect for the Colony of Louisiana and of General Claude Perrin Victor at the Historic New Orleans Collection (New Orleans, 1993)., pp. 78, 87, 118, 124).

   Enclosure not found, but see Claiborne and Wilkinson to JM, 27 Dec. 1803, and n. 1.


Title: To James Madison from James Monroe, 9 January 1804
From: Monroe, James
To: Madison, James

No. 19.
Sir
London January 9th. 1804.
Every circumstance that has come to my Knowledge since my last, tends to confirm the doctrine it contains, that no time was to be lost in taking possession of Louisiana after the exchange of ratifications. It gives me great pleasure to find that the President has adopted the most decisive measures for that purpose. I hope in the course of a few weeks to hear that the ceded territory is in our possession, and the jurisdiction of the U. States acknowledged in every part of it. Such a course of proceeding cannot fail to produce the best effect in Spain as to other points to be adjusted there, while I doubt not it will put an end to that in question. It is manifest that that power has long entertained a very incorrect idea of the respect which is due to the U. States. It is not difficult to trace the cause of the delusion; it is however more important to repair by a just & wise policy the ill effects of it. I am persuaded that when she sees the bold and manly conduct of our government, the charm will be broken. Her delusion must have been great or surely she would never have objected to our title to Louisiana, or taking possession of the territory, after ceding it to France for a fair equivalent of which she is possessed, announcing the cession and referring us to that power for Any portion of it which we might wish to acquire by purchase. I am inclined to think that the greater the extremity to which she proceeds in her pretensions or opposition, the better the effect will be in all the concerns connected with it. Something like a rupture may perhaps be necessary to give her a just view of our importance, and of the conduct she must pursue to preserve our friendship. Should she provok⟨e⟩ such an issue she will probably not be long in forming a just estimate of its dangers. In such a crisis she could expect aid from none. She would find France against her whose government in addition to the obligation by treaty to put us in possession, she must also have disgusted by her criticisms on the conduct of the First Consul in that transaction, and she would find Great Britain more disposed to profit of the ruptur⟨e⟩ at her expence, than to take her part against us. It has been hinted to m⟨e⟩ by a person who I presume talks at times with the ministry (being a member of parliament) that should we be involved in a quarrel with Spain, it might change the whole policy of this government towards that power. I have no doubt of the truth of the suggestion, which is further important as it goes to prove that Spain owes her present enjoyment of peace, to our adjustment with France, and the cession by the latter to the U. States of the territory, the transfer of which she so unjustly and imprudently opposes. I made no reply to the above insinuation, otherwise than by remarking, that it was to be hoped that Spain would have too just a view of Our rights and her interest, to give us any trouble in the affair. I have no direct communication with the ministry on the Subject, since I saw no motive for one. I am confident however from a variety of circumstances and consideration⟨s⟩ of the solidity of the opinions that are here advanced.
I have lately been advised by Mr Livingston that he had finally, tho’ with reluctance, joined me in the guarantee of 10 millions of livres in favor of France, respecting which you have had due information heretofore. My motive for that act has been alread⟨y⟩ too fully explained to require or admit much further illustration of it. I never doubted that our government would preserve the hold it had gained of that territory by our treaties with France, if in its power. I could see no danger of loosing it but by some dispute with France, which she might consider as absolving her from the engagement, and there was at the time the idea was adopted too much reason to apprehend if any thing should occur to inspire that sentiment, and the state of affairs change, that she would avail herself of it. Casualties might happen in many ways which might lay the foundation for such a dispute. The treaties might be delayed in their passage; the Congress might not be able to convene in time; the discussion might be prolonged beyond the term stipulated, and the laws not be passed in time; Obstacles in their nature transitory, for I was convinc’d that the correct judgment which our people have of their interest would finally prevail, and that the treaties would be adopted & executed on our part. A dispute with France on a ground which she might think solid, would place us where we were before the treaties were formed, and compell us either to abandon that vast and most valuable acquisition, or to seek it at the expence and hazard of a war. To suffer her to resume her rights over the territory, to establish colonies in it thro’ the whole extent of our western frontier, to controul the navigation of the Mississippi, with the exception of our vague and limited pretentions under our treaty with Spain, which might prove the cause of frequent disputes with military governors, and would be sure to be interrupted in every war by the enemies of France, were a part of a train of evils that were sure to result from the abandonment of our claim. Not only the sense of our government in all its branches, but of the whole American nation was pronounced against that state of things, in the strongest manner when I left America. The alternative of war was rejected in a manner equally decisive by the same authorities, while there was a hope of succeeding on fair and equa⟨l⟩ terms by negotiation. War could only be resorted to in case it still existe⟨d⟩ with this power; or in case of peace by engaging it to renew it; for singly it is not presumable that we would engage in one with both France and Spain. It was a contingency which merited attention, that in six months t⟨he⟩ existing contest might be at an end; and it could never be expected that this government would revive it, supposing that there was a just cause, at our instance, but in consideration of some important concessio⟨ns⟩ on our part. The result of every war is uncertain, but of none more so than of the present one, while the loss would be certain and heavy. Unhappy indeed would our condition be, if the menaces of an invasio⟨n⟩ of this country which produce so lively a sensation in every quarter were felt in equal degree in America: if our safety was made dependant or thought to be so, on the impregnable state of these islands, o⟨n⟩ the casualty of calms and storms, or the vigilance or negligence of mar⟨i⟩ners: to say nothing of the consequences of a successful attempt, which however improbable, is nevertheless possible: or even of the injuries which our commerce would receive in a state of war by the occlusio⟨n⟩ of profitable markets and the aggressions of privateersmen in the European and American Seas, exceeding perhaps in a single year the price which we give for the territory. These considerations with others whic⟨h⟩ it was unnecessary to dwell on, induced me to cling to the ground we had gained, and to strengthen, on the principles of the treaties, the obligations of France, legal, moral and honorary to fulfill them. By so doing I knew that I strengthened in equal degree the title of our government to our territory, who would of course, thus strongly supported by justice, be proportionally more decided in preserving it.
If France remained firm to her engagements which I supposed this act could not fail to promote, it seemed to me clear that the treaties would have their regular course, that we should acquire the territory, escape the war, and be assisted by her good offices in support of our other claims and interests which remained to be adjusted with Spain. This latter object had much weight in my deliberations on the subject. I could not doubt that such a proof of good faith, of confidence, and friendly regard on the part of our government would produce the desired effect in that respect, as in the one which was more immediately in view with the government of France. Whether my calculations have already been or may hereafter be in any degree verified, are points which it belongs not to me to decide.
The objections which Spain has urged to our title under France, present it is true a new topick to consideration. But as we know our title to be good, as the object is all-important and never to be relinquished, they furnished as I supposed only new and stronger motives for decision. If the President had relied on France to put us in possession of the territory, much time might have been whiled away in negociation, and every thing lost. But by taking immediate possession every thing is secured. The obligations of duty and of honor under the treaty & guarantee will thus have their full force with the First Consul; and it may be more easy as well as more agreeable to him to reconcile Spain to the event after it happens, than to compel her to adopt it. By that measure also the obligation of interest will likewise have its full force with him. He will not fail to anticipate the injury to which France must be exposed, in the present junction of affairs, by a war between the U. States & Spain. He would find too much cause to apprehend in such an event, howev⟨er⟩ unconnected our operations might be with those of Great-Britain, that it might produce a change in the conduct of the latter power towards Spain and induce it to declare war against her: an event which would give France much embarrassment, not simply b⟨y⟩ depriving her of the advantages which she derives from the neutrality of Spain, but by its tendency to connect us with Great-Britain in the war.
Should Spain be so rash and impolitick as to make it necessary for the President to take possession of the country by force, or to incur any extraordinary expence, I think the amount would be justly chargeable to France, nor have I any reason to suppose that the First Consul would hesitate to indemnify us. In strictness it would be chargeable to Spain, and most probably would be taken into accoun⟨t⟩ and provided for in our proposed treaty with her. In such an event it will merit consideration, whether a greater proportion of the stock than the sum guaranteed, should be transferred to France, ’till that adjustment is made with Spain; provided indeed the measure of the guarantee is approved by the governme⟨nt⟩ and it is deemed proper to transfer an equivalent amount. It is fair to presume that the act of guarantee and payment of the amount under it, in addition to the advantages originally contemplated by i⟨t,⟩ will give us a more safe and free scope of action, in relation to all the incidents which have or may occur, than we might otherwise have enjoyed: for example, should the conduct of Spain furnish a motive to the President for withholding the remaining stock or any portion of it untill a satisfactory explanation is obtained and arrangement made with Spain, that the delay will be more justifiable in itself and that it will be more easy to reconcile France to it, than had such guarantee not been given and payment made in consequence of it. These are topicks which will not fail to occur to our government and respecting which you will I doubt not give such orders as may be adapted to the existing state of affairs.
Mr Livingston observes that the guarantee was an act of confidence which he could not approve. Had there been no other motive for it, his objection would, I admit, have had much weight: but the measure never rested on that ground alone. I considered it one which was likely to do no harm, while much good was fairly to be expected from it. I concluded as heretofore observed, that our government would never loose the hold which we had gained of the territory by the treaty, to go afloat in pursuit of it by other experiments, and of course that the guarantee could do us no harm. My object was as has been sufficiently explained, to secure the ground it had gained against all contingencies, which I supposed was promoted by that measure; since by it the stipulations of the treaty were in a manner renewed, and the obligations of France to observe them under the circumstances attending the transaction increased. It may with propriety be observed, that in no instance, is it adviseable, in our transactions with foreign powers to shew that we distrust them. It is equally so to avoid the opposite extreme. After I had decided on the measure, on motives as I presumed sufficiently strong, I own that I endeavoured by the manner of executing it, to make it as honorable and satisfactory as I could, to the government of France. By so doing I thought I promoted all the objects that were contemplated by it, and in the degree the interest of my country. Before this reaches you it is probable that the President will have given his ultimate orders on all points that are connected with the treaty, in which, whether it be by my immediate agency or otherwise, that he may think I may be useful. I shall be happy to execute your instructions in the best manner in my power.
I forwarded you lately a copy of a communication whic⟨h⟩ I had presented to this government respecting the impressment of our Seamen, to which I am Sorry to add that I have not yet rece⟨ive⟩d an answer. The situation of the country, menaced dayly with an invasion, has rendered it impossible for me to press one. On the Subject of impressments I hope to be able to give you more satisfactory information hereafter. I am, Sir, with great respect and esteem, Your very obedient servant
Jas. Monroe

   RC and enclosures (DNA: RG 59, DD, Great Britain, vol. 12); letterbook copy (DLC: Monroe Papers). RC in a clerk’s hand, signed by Monroe; docketed by Wagner as received 14 Mar. For enclosures, see n. 3.

   Livingston to Monroe, 25 Nov. 1803, was enclosed in Monroe to JM, 12 Jan. 1804.

   See Monroe to JM, 14 Dec. 1803, and n. 3.

   Monroe enclosed (1) a copy of Livingston to Monroe, 8 Oct. 1803 (2 pp.), complaining of having received no letters from Monroe recently, stating that the French might not be willing to wait for the guarantee of the payment for Louisiana until news of the ratification of the treaty arrived, and remarking that since the arrival of William Maclure the claims commissioners had ceased hearing cases; (2) an extract from Monroe to Livingston, 29 Oct. 1803 (1 p.; docketed by Wagner as received in Monroe’s duplicate no. 19), replying to Livingston’s 8 Oct. letter, giving news of affairs in Great Britain and the U.S., and explaining that his busy schedule prevented him from writing often; and (3) a copy of Monroe to Livingston, 13 Jan. 1804 (4 pp.; docketed by Wagner as received in Monroe’s duplicate no. 19), reiterating the news of the ratification of the Louisiana Purchase treaty, noting that he had sent copies of all the correspondence between himself and Livingston about the guarantee to JM, enclosing copies of his letters from JM, and notifying Livingston of his plans to negotiate with Spain and Great Britain.


Title: To James Madison from Moses Young, 9 January 1804
From: Young, Moses
To: Madison, James

Sir
Washington 9th of January 1804.
In obedience to your orders I am to inform that col. Humphreys the late american minister at the court of Spain, arrived there in august ’97 loaded with public business and destitute of a secretary. It was more than six weeks before he met with me. In the mean time he had offered the american consulship at Madrid to the junior partner in a banking house there: the banker declined the acceptance; because, as he termed it, he made a rule of never taking up trouble upon interest. Of this the plenipotentiary informed the then secretary of state, and to that letter I beg to be referred. The appointment I received from the american minister was that of secretary of legation, as appears by the original certificate to be enclosed herewith; nor was either that employment or the consulship solicited by me. I now enclose copies of my instructions from the department of state, and of a circular letter of the 21st of november ’97 from the plenipotentiary to the consuls of the United States at the ports of Spain, which shew a part of the functions I perform at Madrid, and how the business of the american demands against Spain passed originally into my hands. It is very necessary to look sharply after the law agents at Madrid: they are not eminent for their integrity, and being paid by the day, it is their interest to prolong the suits. One of them embezzled several hundred dollars which I was under the necessity of entrusting him with for carrying on the claims, and I have been in consequence involved in an expensive lawsuit against him, which had lasted ten months before I left Madrid. I am admitted by the spanish government to act both in my official capacity of consul and by special authorities derived from individuals, as appears by the enclosed copy of his catholic majesty’s exequatur in my favor. It is moreover expected by the spanish government, and it is customary, that every application to it of a commercial nature from a foreign citizen or subject, shall be sanctioned by passing thro the hands of the received consul of the applicant’s nation. I have ever considered it my duty at Madrid to do all in my power to aid the just claims of every citizen of the U. S. wherever he might be: those applications were continual during the late war in which Spain was a party, and not confined to the ports of that kingdom or even of Europe, but from almost every state in the union as well as from many of the spanish american colonies.
I acknowledge I was not ignorant that the american government did not allow its consuls any salary, except to those on the coast of Barbary: but I fully expected that when my situation at Madrid came to be considered by congress, an adequate compensation wd. be granted to me. Before I left the spanish capital, I, with the approbation of Mr. Pinckney, appointed Don Raymundo Antonio Claraco as consular agent of the U. S. to do the duty in my absence, for which I pay him a salary. Was I in any other business at Madrid, the salary of 1350 dollars which the president has been pleased to allow me for attending to the claims, might be sufficient at present, considering the diminished number of those claims, now that Spain is in peace; but I really cannot live with tolerable decency in my public character at the court of Spain for less than double that sum.
I shall not, sir, trespass farther on your time than just to mention that from the total inadequacy of my pay to my necessary expences, I have been obliged to encroach on my own little funds, to the amount of more than six thousand dollars since the year 1797. I have the honor to be, &c,
(signed)   M. Young.
P. S. Except about eight months of the last year, when Mr. Graham lodged in a distant part of the city, and wrote there, I have been all along and am to this hour, paying the rent, not only of the consular office, but of that of the legation. M. Y.

   Tr (DNA: RG 46, Petitions and Memorials, 8A-G1). In Young’s hand and certified by Young as a true copy; marked “copy.” Enclosures not found, but see n. 3.

   David Humphreys to Timothy Pickering, 21 Nov. 1797 (DNA: RG 59, DD, Spain, vol. 4), reported that Humphreys had asked Mr. O’Connor, a partner in Patrice Joyes and Sons, to act as U.S. consul at Madrid. O’Connor declined “as it was likely to be attended with much trouble & no emolument,” “As did likewise another Gentleman (to whom it was offered) connected with the same commercial House.” “In order to induce Mr Young to accept … or rather for the sake of enabling him to support himself,” Humphreys also named Young to be his secretary from 1 Oct. 1797 until the arrival of “a Person who is expected by me from America.”

   Enclosure not found.

   The enclosures no doubt included a copy of Humphreys’s 21 Nov. 1797 circular (DNA: RG 59, DD, Spain, vol. 4) announcing Young’s appointment as consul at Madrid and stating that “All Applications, Reports, and Documents” of a consular nature should be sent to him in future. In the same circular Humphreys also announced the appointment of Thomas Kearney as chancellor of the consular office.

   Enclosure not found.

   Filed with this letter are copies of or extracts from the following: Young to JM, 26 Apr. 1802 (1 p.), restating his request for a salary; Young to JM, 9 July 1802 (2 pp.), enclosing printed copies (2 pp.) of Young’s 1 Dec. 1792 statement of the basis for his claim for compensation for his efforts as secretary to Henry Laurens from 1779 to 1782, Laurens’s 29 Oct. 1792 statement upholding Young’s claim, and the affirmative report of the House committee to which the claim was referred, with a note in Young’s hand adding that the claim was defeated in Congress “by a majority of two only” on 5 Dec. 1792; the 14 Mar. 1792 report of the Senate committee (1 p.) supporting Young’s claim; Young to JM, 24 Sept. 1802 (2 pp.), tendering his resignation effective 1 Apr. 1803 if Congress did not allow him a salary; Young to JM, 14 Oct. 1802 (2 pp.), stating that he wished to appoint a substitute so that he would be free to leave Madrid and enclosing a 7 Oct. 1802 copy (3 pp.) of Young to Pinckney, 1 Oct. 1802 (see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:12 n. 10); David Humphreys to Pinckney, 9 Jan. 1802 (1 p.), supporting Young’s claim; and Young to John Beckley, 20 Oct. 1802 (1 p.), asking Beckley to renew Young’s claim for salary as Laurens’s secretary (DNA: RG 46, Petitions and Memorials, 8A-G1).


Title: To James Madison from John Martin Baker, 9 January 1804 (Abstract)
From: Baker, John Martin
To: Madison, James

9 January 1804, Palma. Refers JM to his last dispatch of 28 Nov. 1803. Has no return to make for the last six months, “only one American having appeared off the Islands Baleares, within that period, that, on the 18th of November, off Port Mahon, (a Ship from New York, out three months, laden with Flour.) which vessel was not admitted entrance, in consequence of a Royal Order of the 13th. of October ultimo” forbidding entrance to vessels from New York that had not performed quarantine at a foreign lazaretto. Communicated the particulars of the case to Pinckney on 4 Jan. “with the hope of an alleviation to this existing oppression, on the commerce of the United States” as well as during any future “calamitous malady,” so that U.S. citizens might be treated with the same favor and protection as those of other nations under similar circumstances. “By the last accounts from Malaga, the fever still continued, but the new cases had considerably lessened, and its effects were not so fatal.”

   RC (DNA: RG 59, CD, Port Mahon, vol. 1). 3 pp.; docketed by Wagner as received 29 Mar.


Title: To James Madison from Swinton C. Holland, 9 January 1804 (Abstract)
From: Holland, Swinton C.
To: Madison, James

9 January 1804, Trieste. “I had this honour on the 22nd. October [not found] and have now that of waiting upon you with a list of American vessels arrived at this port &c from the 30th. June to the 31st. December [not found].” Just received a letter from Preble informing him of the blockade of Tripoli. “I have published this information to the Government here & made it known to all the Consuls residing at this place.” Writes in Riggin’s absence.

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

   Liverpool merchant Swinton Colthurst Holland (d. 1827) returned to London after a mercantile career in various parts of the world to become a partner in the banking firm of Francis Baring and Company (Philip Ziegler, The Sixth Great Power: Barings, 1762–1929 [London, 1988], pp. 93, 99).

   See John Leonard to JM, 3 Dec. 1803, and n. 1.


Title: To James Madison from Benjamin Lincoln Lear, 9 January 1804 (Abstract)
From: Lear, Benjamin Lincoln
To: Madison, James

9 January 1804, Portsmouth. “As I have some friends at Algiers among whome is my father Tobias Lear, I now write you these few lines to let you know that all thier friends in this place are uneasy on account of thier not having recieved letters from them since they left Gibralter. I have wrote them a few lines and enclosed them to you sir as my hond. father desired me to do; and if you will be so kind as to forward them the first opportunity you will greatly oblige Dear sir your obedient humble servant.”

   RC (DNA: RG 59, CD, Algiers, vol. 7, pt. 1). 1 p.

   On his departure for Algiers, Tobias Lear had sent his twelve-year-old son to the boy’s paternal grandmother. During the years of his father’s absence, Benjamin Lear attended Phillips Academy (Andover), Harvard College, and Bowdoin College (Brighton, The Checkered Career of Tobias Lear, pp. 198–99, 282, 285–86).


Title: To James Madison from Robert Montgomery, 9 January 1804 (Abstract)
From: Montgomery, Robert
To: Madison, James

9 January 1804, Alicante. “I had this honor under the 6/7 ulto. and am since deprived of any letters from Your department the present will therefore only serve to Cover a letter and other dispatches received on the 3d. Current from Mr Lear at Algiers, I also sent duplicates of these papers on the day I received them to Mr Jarvis at Lisbon.” Offers his services in sending money to Tripoli for the ransom of the U.S. prisoners “on better terms than it can be effected from any Other port of Europe: the Amoun⟨t⟩ for the Ransom of the Crew Captured on boar⟨d⟩ the Philadelphia as I have been informe⟨d⟩ will exceed three hundred thousand Mexico Dollars.” Adds in a 10 Jan. postscript: “Since writing the above I have received the inclosed letter from O Brien [not found].”

   RC and enclosure (DNA: RG 59, CD, Alicante, vol. 1). RC 2 pp.; in a clerk’s hand, except for Montgomery’s signature and postscript; docketed by Wagner as received 29 Mar. For surviving enclosure, see n. 2.

   Montgomery referred to his letter to JM of 6 Dec. 1803.

   The enclosure is Lear to Montgomery, 26 Dec. 1803 (2 pp.), transmitting two letters for JM with news of the loss of the Philadelphia and its crew and asking that they be forwarded separately. Lear gave Montgomery details of the capture, asked him to notify Leghorn that the Syren had arrived on 20 Dec., and transmitted a letter to be forwarded to Yznardy.


Title: From James Madison to Richard Harrison, 10 January 1804
From: Madison, James
To: Harrison, Richard

Sir.
Department of State January 10th. 1804.
It appearing that William Eaton Esqr. late Consul of the United States at Tunis did on the 9th. of August 1802, in his official capacity, enter into an instrument of writing acknowledging to have received from Sidi Haggi Junis Ben Junis, a Tunisian Merchant, the sum of thirty four thousand Spanish milled dollars, as a loan for the use of his public agency; and Richard V. Morris Esqr. having on the 8th. of March last caused to be paid to Junis the sum of twenty two thousand dollars on account of the said instrument, Mr. Morris is to be credited with the amount last mentioned, which is to be debited to Mr. Eaton. Mr. Morris is likewise to receive credit for two thousand dollars advanced by his letter of credit for the same sum, dated on the 7th. of March last, in favor of George Davis Esqr. acting as American Consul at Tunis, upon Messrs. Dagen, Purviance & Co. of Leghorn. With the last mentioned sum Mr. Davis is to be charged. The instrument signed by Mr. Eaton as above stated, Junis receipts thereon, and another instrument executed by the former and dated on the 9th. of March last, wherein he acknowledges the sum of twenty two thousand dollars to have been paid as above mentioned to Junis, and also Mr. Davis’ receipt for the credit of two thousand dollars are enclosed as vouchers to the transactions hereby authorized. I am &c.
James Madison.

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

   For Eaton’s financial dealings with Hajj Unis ben Unis, commercial agent of the bey of Tunis, which led to the bey’s detention of Morris and contributed to Eaton’s expulsion from Tunis, see Eaton to JM, 5 Mar. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:390–92).


Title: To James Madison from William C. C. Claiborne, 10 January 1804
From: Claiborne, William C. C.
To: Madison, James

Sir,
New-Orleans January 10th. 1804
I have the honor to enclose you a copy of the ordinance for establishing a court of Justice in this City, which was alluded to in my last communication. I have only to repeat that this measure was essential to the interests of the City, and was called for by the voice of the society, and I persuade myself that the proceedings of this Tribunal will be marked with justice and moderation. I also enclose for your perusal a copy of some regulations prescribed by me for the arrangement of the shipping in the port of New-Orleans: These regulations were recommended by Mr. Trist, and as far as I can learn, are approved by the Merchants.
The more I become acquainted with the inhabitants of this Province, the more I am convinced of their present unfitness for a representative government. The credulity of the people is only equalled by their ignorance; and a virtuous magistrate resting entirely for support on the suffrages and good will of his fellow citizens in this quarter, would at all times be exposed to immediate ruin, by the machinations of a few base individuals, who with some exertion and address, might make the people think against their will, and act against their interests. I know indeed, that misrepresentation throughout America, has had bad effects with respect to the worthiest men and best measures; but here it would have an unlimited field for mischief. Until therefore, the progress of information, shall in some degree remove that mental darkness which at present so unhappily prevails, and a general knowledge of the American language, laws and customs be introduced, I do fear that a representative government in Louisiana, would be a dangerous experiment. God forbid that I should recommend for this people political provisions, under which oppression of any kind, could be practised with impunity, by persons in power; but I do think that their own happiness renders it advisable that they remain for some years under the immediate guardianship of Congress, and that for the present, a local and temporary government for Louisiana, upon principles somewhat similar to our present territorial governments in their first grade, be established.
I have discovered with regret, that a strong partiality for the French Government, still exists among many of the inhabitants of this City, and it appears to me that Mr. Laussat is greatly solicitous to increase that partiality. With what views I know not, but I have learned that in some circles a sentiment is cherished, that at the close of the war between England and France, the Great Bonaparte will again raise his standard in this country: For my part I attach no importance to this little political speculation: It is dictated more by the wishes of those who busy themselves on the subject, than by any reasonable ground of expectation.

The harmony of society here has experienced some interruptions since my last letter. I find that Mr. Laussat and an Adjutant General of the French Army who accompanied him hither, have been for some time seriously at variance, and have much divided the sentiments of the French officers and citizens. The dispute between these men is carried to great lengths, and their different partizans are violent. Mr. Laussat was lately grossly insulted, (and the safety of his person menaced) in his own house, by a French Marine officer; He claims what the laws of Nations entitle him to, and demands redress for the injury. The officer has been arrested, and is now in confinement. A fracas also took place at a public Ball on thursday last, which altho’ it arose from trifling causes, has occasioned some warmth. It originated in a contest between some young Americans & Frenchmen, whether American or French dances should have a preference. I believe this affair is at an end, but being desirous at the present juncture of communicating every circumstance which might have a political tendency, I have deemed it worthy of mentioning.
I have as yet incurred but little expense in the exercise of my temporary authority. A prudent œconomy shall be kept constantly in view, and I have little doubt, but that Mr. Trist’s receipts will meet my disbursements. I found it necessary to employ an Interpreter of the French and Spanish languages, and a private Secretary, which together with the expense of printing, constitutes at present, the principal items in my account.
I propose taking immediate possession of the Governor’s house, which Governor Salcedo quitted about ten days ago. It is a large building handsomely situated, but much out of repair; and should it be appropriated for the residence of the permanent Governor, some expensive repairs will be necessary to preserve the building from decay, and to render it comfortable.
The Merchants of the City express great anxiety that some law should pass to regulate their commerce. They complain of great injury for want of Registers for their vessels, and being yet subject to export duties and other commercial incumbrances.
I believe Mr. Trist’s conduct has given general satisfaction. This much I can confidently say, that he is attentive to his duties and faithful to the interest of the United States.
Among the inhabitants of this place who stand highest in public estimation, is a Mr. William H. Hulings late Vice Consul at this port. He is a man of integrity, great commercial information and a sincere friend to the Government of the United States. I have taken the liberty to name Mr. Hulings with a view of bringing him to the notice of the President, if he should deem it advisable to confer any subordinate office in the Revenue Department on a citizen of this City.
Mr. Kirby and Mr. Nicholas on their way to Tombigby, arrived in this City the evening before last, and will proceed in two or three days to their place of destination. They have had a tedious passage; but as the business on which they are employed will be speedily dispatched, (for the land claims in that quarter are neither numerous nor complicated) I presume no public injury will arise from the delay.
I find that Mr. Kirby is much pleased with Louisiana, and I learn Mr. Robert Williams is equally so with the Mississippi Territory. Should a territorial Government be established in Louisiana, I am induced to think Mr. Williams and M. Kirby would each accept commissions as Judges of the new Territory. The merits of these worthy men are too well known at the seat of Government to need any recommendation from me.
Since my arrival here I have not received a single letter from the Department of State. In the exercise of my present great discretionary powers, it would be a great relief to me to learn from time to time, the views and wishes of the Executive in relation to this Province. I must confess Sir, that I every day feel an increased solicitude that some arrangements be made by Congress for the temporary Government of this Province. But until this event takes place I will do every thing in my power to promote the general good, and to transmit the Province in harmony and prosperity to the permanent Governor. Accept assurances of my great respect and sincere esteem.
William C. C. Claiborne
P. S. At the particular request of Col. Kirby, and in order to ensure them a more speedy and safe conveyance, I enclose to you sundry letters from him to his friends in Connecticut, which he request[s] you will send to the Post Office to be forwarded.

   RC, two copies, and enclosures (DNA: RG 59, TP, Orleans, vol. 3); letterbook copy and letterbook copy of enclosures (Ms-Ar: Claiborne Executive Journal, vol. 13). First RC in a clerk’s hand, signed by Claiborne; docketed by Wagner as received 20 Jan. and with the notation: “Quer has it been sent to the Treasury.” Second RC and letterbook copy lack postscript. For enclosures, see n. 1.

   Claiborne enclosed printed copies (in French and English) of his 29 Dec. 1803 shipping regulations (1 p.; docketed by Wagner; printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:320–22) and his 30 Dec. 1803 ordinance establishing a court of common pleas (7 pp.; docketed by Wagner; printed ibid., 1:317–19).

   For the details of this incident, see Claiborne and Wilkinson to JM, 9 Jan. 1804, and n. 2.

   For a different description of the 8 Jan. 1804 incident, see Laussat, Memoirs of My Life, pp. 92–93.

   For the appointment of Ephraim Kirby and Robert Carter Nicholas as commissioners for land claims in the Mississippi Territory, see Carter, Territorial Papers, Mississippi, 5:222–24.


Title: To James Madison from Andrew Ellicott, 10 January 1804 (Abstract)
From: Ellicott, Andrew
To: Madison, James

10 January 1804, Lancaster. Encloses “a small packet for our Minister in France,” which he asks JM to forward. “I am anxious that it should be sent early, as I see by the public prints that he is expected to return the insuing spring; which is a circumstance I regret on account of my correspondence with the National Institute, as he has been the channel thro which our letters have passed, and being a man of science himself, he has been very attentive to the delivery of my letters, and forwarding to me the answers.
“By a late letter which I received from M. Delambre, (perpetual secretary to the Institute), I find he is publishing a set of Solar tables corrected by a number of new equations. In these new equations, he has augmented the mass of Venus in the ratio of 10.4 to 9.7, and diminished that of Mars in the ratio of 72 to 100., which appears to be necessary to reconcile the principles of gravitation as laid down by Sir Isaac Newton, with observation.”

   RC (DLC). 1 p.; docketed by JM.

   For the initiation of Ellicott’s correspondence with Delambre, see Ellicott to JM, 20 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 2:480 and n. 1).


Title: To James Madison from Fontaine Maury, 10 January 1804 (Abstract)
From: Maury, Fontaine
To: Madison, James

10 January 1804, New York. Requests a letter of introduction to Governor Claiborne “in favor of Mr Hugh Pollock of this place who is about to settle at New Orleans.” “Mr Pollock has been a Merchant of much respectability here for some years, he married the only Daughter of Mr Joseph Anthony late of Philada. and from a long acquaintance with him I have no hesitation in saying he is quite the plain Correct Gentleman.”

   RC (DLC). 1 p.

   Merchant Hugh Pollock had been engaged in foreign trade in New York for several years (Reinhard Spindler, New York und der amerikanische Indienhandel, 1784–1812 [Stuttgart, 1994], pp. 159, 471, 478; David Longworth, Longworth’s American Almanac, New-York Register, and City-Directory, for the Twenty Seventh Year of American Independence [New York, 1802; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 50307], p. 292).


Title: From James Madison to William Payne, 11 January 1804 (Abstract)
From: Madison, James
To: Payne, William

11 January 1804, Department of State. “As the laws of the last session requiring that deeds for Georgia lands of a description to be recorded in this Department should have been presented for that purpose previously to the 1st. inst. allows of no descretion to admit them afterwards, I have the honor to return the one you enclosed to me a few days ago, and to inform you that it is excluded by the limitation.”

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

   Section 8 of the 3 Mar. 1803 “Act regulating the grants of land, and providing for the disposal of the lands of the United States, south of the state of Tennessee” allotted lands for unconfirmed claims in the disputed Georgia Yazoo territory provided they “shall have, on or before the first day of January next, been exhibited by the claimants to the Secretary of State, and recorded in books to be kept in his office” (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:232–33).


Title: To James Madison from John Gavino, 11 January 1804 (Abstract)
From: Gavino, John
To: Madison, James

11 January 1804, Gibraltar. No. 140. Last wrote on 4 Jan. 1804. Encloses a list of arrivals at Gibraltar during the past six months [not found].

   RC (DNA: RG 59, CD, Gibraltar, vol. 2). 1 p.; docketed by Wagner.


Title: To James Madison from William Kirkpatrick, 11 January 1804 (Abstract)
From: Kirkpatrick, William
To: Madison, James

11 January 1804, Málaga. “An order having yesterday come down from Madrid for permitting the Ships Yorick, and Flora, to sail,” forwards this and a copy of his 19 Dec. letter by the former. “This moment I have received a Letter from Captn Bainbridge dated Tripoly 1 Novr. with the very distressing Account of his Ship Philadelphia having been wrecked on the 31 October last, on Rocks five miles from that Place. It pains me to the quick to be under the necessity of communicating this unfortunate Intelligence, as also that the Officers & Crew are Prisoners in Tripoly, but I consider it proper as the Yorick is on the departure, and it may reach you probably before the dispatches from Commodore Preble.”

   RC (DNA: RG 59, CD, Málaga, vol. 1). 1 p.; filed after December 1802.


Title: To James Madison from James Monroe, 12 January 1804
From: Monroe, James
To: Madison, James

private
Dear Sir
London Jany 12. 1804.
I enclose you the letter from Mr. Livingston wh. was referr’d to in my publick one of the 9th. It is to be presumed that this affr. is ended between him & me. I have adverted to the guaranty in my publick letter in all the lights in wh. it seemed to be applicable to the existing state of affrs. in relation to France & Spain. It appears probable that it may be necessary that some person shod. proceed to Spain, as soon as the ratifications & stock are sent over to France. Dispatch is important to every party especially to us; or rather it is so to France & the UStates. France will want the stock; & the UStates may find an interest in delaying the delivery of it or part of it, till Spain relinquishes her claim to Louisiana. The UStates may be benifited by treating at the sametime, & under the pressure of the same circumstances, with Spain for the other objects we have to adjust there. I am satisfied by many circumstances that this power (G. B.) looks to the affr. with Spn. in the light I mentioned in my publick letter. I am inclined to believe she wod. be glad of such a rupture, in the expectation it might connect us with her eventually against France & Spain; and I think it not improbable that she holds a tone of moderation at this time to Spain, to leave her at greater liberty to resist us. I do not think that she is under any engagment to Spain on the subject, & am convinc’d, if Spain becomes a party to the war, it will be by this power declaring agnst her. The prospect of the French in menacing an invasion, aided by our adjustment with France was, I presume the motive for having Spain neutral. Shod. the invasion be declined, & the spirits of the nation & its govt. feel an extry. elevation there is nothing more likely than that war will be declard against Spain. In every view it is proper that some one shod. be on the ground to profit of circumstances, & bring our affrs. to an happy conclusion. You observe by Mr. L:s letter that the guaranty has produc’d a favorable effect with the French govt., & that its aid will be given to other objects with Spain; it will of course be given to that wh. has since occurr’d, the reconciling Spn. to our title. I expect daily to receive yr. instructions on those points & especially on that of going or not going to Spain. I shod. have no hesitation on that head, but for the intimation contd. in yr. letter of  not to proceed till instructed so to do, unless I saw some strong inducment; for the intimation wh. I gave you, that personally I was not anxious on the subject, and wished the President without feeling any restraint by my being already appointed, to take the step wh. on a full view of all circumstances appear’d to be best, & thirdly for some newspaper accts wh. I have seen of another appointment. I shall nevertheless hold myself in readiness to move on a moments warning; & shall certainly move, thro’ Paris on to Madrid, if I find the occasion presses, and I see clearly that no other appointmt. is made, altho’ I may receive no new instructions from you, as I shall expect them on the way, or on my arrival there. In any event to obtain a recognition of our title as a preliminary to a treaty on other points may be useful. It will remove the anxiety of France abt. the stock, in case any restraint shod. be made on the delivery of any part till such recognition is obtained.
On the subject of funds I hope I shall [be] accomodated in the manner heretofore proposed. I find by experience that the accts. heretofore given you of the expences of this place, in the daily disbursements fall considerably short of what they prove to be. In the last month I entertd. only two small parties of americans, one of them the family of Mr. Kortright the cousin of Mrs. Monroe, brother of Mrs. Yard, who resides in this country, circumstances I mention merely to shew they were little more than family parties, & my expences for the month exclusive of House rent, servants hire, groceries of every kind, wine, carriage horses, &c, or in other words for marketing cost me £69:15:3. strg. When you add the cost of groceries, of beer & ale for servants, the latter article of wh. costs for them, according to the usage of other families 5s:9d pr. day, & wine for ourselves, the table expences are proportionately encreased. The above sketch is formed on four weeks, or 28. days. that being the mode in wh. the butcher, fish monger &c keep & settle their accts. But when you add the other charges of house rent, hire of horses for carriage (120. guineas pr. year) a mode adopted by most people here in preference to buying them, the charge of wearing apparel, servants hire & cloaths, & the frequent other calls for money for incedental expences, wh. form a heavy item every where, but more so here than elsewhere, you will have a just estimate of my situation. I mentioned to you sometime since that I had recd. the three thousand dolrs. wh. you had plac’d here for me, in Paris—& that to fix me here, I had been forc’d to draw considerably in advance on my salary, besides I am in arrears here for sundry articles wh. were indispensable, to no great amt. it is true, but yet something. It is usual to give some credit, wh. I have availed myself of in some cases. Sir Francis Baring has requested me to inform him in what form he shall make out my acct., for the surplus exceeding my salary at 9000. dolrs. per anm. If I am allowed my outfit here, deducting the 3000 dolrs. recd. in France from it, so as for Sir Francis Baring to give me credit for six thousand, that will be his answer as that sum is more than I have drawn. I shall tell him simply to place what is due for my Salary to that acct., & to state the surplus as advanc’d to my order for wh. I am to be accountable to our govt. I may mention that the affair of the outfit is not finally & decisively arranged, as entertainment on the salary is out of the question, since to subsist alone, in a creditable house, will exceed it, I flatter myself it will be found just and proper to yield the accomodation desird, that is to let me have the outfit for this place & leave the other to acct. on my return to the UStates: to allow half an outfit for France, & the same for Spain in case I go there, or the whole of my expences in the latter trip as was done to Mr Pinkney & Mr. Short. The President mentioned to me that half an outfit wod. be allowed to a minister who shod. be remov’d from one govt. to another; I think it will be admitted that at least the same ought to be allowed to one who goes from the UStates to a foreign power, he paying his passage & all charges from the time he leaves home till he gets to the metropolis where he goes, which with a family must be considerable, & in my case was peculiarly hard as I had to pay ½. a passage in a ship wh. was previously engaged in wh. I did not sail, being detained by the proceedings in Congress & other causes of a publick nature. The ordinary charges attending a mission from the UStates, wod. leave but little of the 4500. dolrs., for the purchase of a carriage and other indispensible objects on his arrival there, so that if the pay is only equal to the expence, as you may be assurd is the most that can be said of it, on the most œco⟨no⟩mick plan, (Mr. Livingston says his is not more than ⅓. his disbursements), you will perceive that the missionary must lose rather than gain by the service. The personal equipment (to escape ridicule) is a very heavy item. Nothing that you bring from america will do in France; nothing that you bring from France will serve here. If half an outfit is allowed for France, I really think that I ought to be allowed the sum pd. for my passage in the ship in wh. I did not sail; and even the extry. expences for attendance at the federal city, tho’ abt. the latter object I am indifferent. The first seems too reasonable to be objected to, as it was a loss not by my means nor for my accomodation but that of the publick. I accepted the appointment as you know as soon as I was apprized of it, and made no delay on my own acct., a few days excepted. I have dwelt longer on this subject than I intended, it being a very interesting one to me. I wish nothing that on fair view is not consistent with the system of the President, with strict œconomy, & wh. must not be granted & even soon enlarged to others. I beg you to make my best regards to him, to yr. family, & believe me sincerely yr. friend & servt.
Jas. Monroe

   RC (DLC: Rives Collection, Madison Papers). For enclosure, see n. 1.

   Monroe apparently enclosed a copy of Livingston to Monroe, 25 Nov. 1803 (DNA: RG 59, DD, Great Britain, vol. 12; 4 pp.), in which Livingston defended his initial refusal to advance funds to France and agreed to do so in accordance with JM’s wishes.

   Blank left in RC. Monroe referred to JM’s second letter of 29 Sept. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:471).

   For Monroe’s earlier references to the mission to Spain, see Monroe to JM, 11 Aug. (second letter) and 17 Sept. 1803 (ibid., 5:294–98, 433–43).

   For the most detailed of Monroe’s several previous discussions of his financial situation, see Monroe to JM, 17 Sept. 1803 (ibid., 5:433–43).

   See Monroe to JM, 17 Sept. 1803 (ibid., 5:433–43).


Title: From James Madison to Alexander J. Dallas, 12 January 1804 (Abstract)
From: Madison, James
To: Dallas, Alexander J.

12 January 1804, Department of State. “I duly received both your letters [not found] respecting the Brig Friends. The President having given no direction for a remission of the penalties incurred, it follows that the law ought to take its course. I should have returned a particular answer to the first letter, had I been acquainted with the suspension and its consequences, which have intervened: but it was presumed that an unfavourable conclusion of the application would have been inferred, as in other instances from the pardon being withheld.”

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


Title: From James Madison to Jesse and Robert Waln, 12 January 1804 (Abstract)
From: Madison, James
To: Waln, Jesse,Waln, Robert

12 January 1804, Department of State. “I have received your letter of the 7th. inst. [not found] and referred it and Mr. Bulkeley’s account to the Treasury Department, to which it belongs to adjust them and pay the balance.”

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

   For the account of John Bulkeley and Son with the U.S., see David Humphreys to JM, 29 Mar. and 11 July 1803, and JM to Humphreys, 14 Apr. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:458–59, 518–19, 5:163–65).


Title: To James Madison from Lewis Deblois, 12 January 1804 (Abstract)
From: Deblois, Lewis
To: Madison, James

12 January 1804, Alexandria. “Thursday evening.… Last evening there was a box & Letter left at my house directed to Mrs. Madison, the packets being stopped by the Ice, I have determined to, send the box & Letter by the early Stage tomorrow to George Town, to care of Mr. Darling, who has the charge of the post office there, I trouble you about it least they should not get to hand so soon as this Letter & that you may know where to send for them.” Adds in a postscript: “If the Box Should not be at the Post Office in George Town your Servant had best inquire at Mr. Sewalls ferry.”

   RC (ViU). 1 p.


Title: To James Madison from Edward C. Nicholls, 12 January 1804 (Abstract)
From: Nicholls, Edward C.
To: Madison, James

12 January 1804, “Rixton near Liverpool.” “Permit me to congratulate yourself ind[i]vidually, and my Country, on the great event lately taken place, the Acquisition of Louisiana! History furnishes no such Occurrence; and the greatest Characters in this Kingdom, speak of it as the Master piece of human policy. I am preparing to sail to that Country, in the Ship Augusta bound to New Orleans. I have in contemplation to settle there, provided I can better my Affairs: and to that end I take the liberty of addressing you.” Asks to be appointed to any position in the new government. “My best Endeavours shall be exerted to fill any such Appointment with fidelity.” Maj. W. G. Forman of the Mississippi Territory, owner of the Augusta and its cargo, has offered his aid and friendship. “I have the pleasure to say, I left Mr Monroe & his family a few days ago very well: He is much pleasd with my Intention of visiting Louisiana and I may count upon his Patronage. Your frie⟨ndl⟩y Assistance will be of infinite Service towards procuring me some Office.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Nicholls”). 3 pp.; postmarked New York, 7 Mar.; damaged by removal of seal; docketed by Jefferson: “for office at N. O.”

   Nicholls was a Maryland attorney who had been a clerk in Gallatin’s office (William Kilty to Jefferson, 4 June 1802 [ibid.]). Claiborne named him clerk of the court at New Orleans, and in 1805 he was appointed county judge at Attakapas (Carter, Territorial Papers, Orleans, 9:286, 547, 598).


Title: To James Madison from Robert R. Livingston, 13 January 1804
From: Livingston, Robert R.
To: Madison, James

⟨N⟩o 95
Sir
Paris 13th January 1804
The measures of the Commissioners exciting the utmost uneasiness & dissatisfaction among the creditors here, & as I doubt not that it will be extended to those of the United States & afford ground to improper Speculations upon their debts, I have been anxious to afford you a just view of the probable amount of the demand: In this, I had hoped to have been aided by Mr Skipwith whose duty it certainly was to give me the most accurate information he could collect. I have received from him a list of claims, & I had hoped as he gave me reason to believe that he would annex Such observations to it as would have Served to direct my judgement—this however he has Since declined & he tells me that he has transmitted this list to you—the impropriety of his corresponding directly with you on public measures without Submitting his correspondence to my inspection is So obvious that I trust it will receive your marked disapprobation. In the present instance unless he has accompanied his list with very particular observations, it must lead you into error & deceive the American creditors greatly, as to his probable prospect of payment Since the whole list is a tissue of errors & is calculated to render the amount of claims as large as possible with what view, I will not pretend to judge. The list contains a number of claims for which there is no foundation—a number that are paid, as Mr Skipwith himself knows; a number for which no vouchers can be produced; a number that do not come under the Treaty. I have endeavoured to investigate the Subject as well as I can do; in the little time that has been left me; Since I have lost the hope of Mr Skipwith’s aid in doing it, the result of which you will find in the enclosed Statement. I send you the Several notes on which the calculations are made except one No 000. this I omit because the particulars of this might bear the appearance of prejudging particular cases, tho’ I have no doubt that the result will be what I have Stated. Upon the whole I have very little doubt that the 20 millions will cover the whole of the claims embraced by the Convention particularly if, as is manifestly just, the U. S. pay the interest which will not amount to less than a million, incurred by the conduct & delays of their own officers. The Chef-de-Bureau Mr Guillaume, asserts that 18 millions will more than cover all our demands. It is of the utmost importance that our Govt Should be well informed on this interesting Subject, & that false views of it Should not lead to delays & to such discouragements as may render our citizens the prey of Speculators. It is much to be lamented that Mr Maclure has contrived to influence the mind of one of the Board & to prevent that harmony between them & me which the public interest requires, & which we happily enjoyed till he came from England & joined the Board. Barnet has disapproved of all their transactions, but is weak & timid, when he cannot get them to take his advice, he joins in their measures, & then acknowledges to me that they are wrong & apologizes for them by Saying that he can not oppose his colleagues.
When they were notified of the ratification of the Treaty, they gave out that they would go on. But as far as I can learn they are now doing nothing. It is certain they have Sent up no accounts Since the arrival of Mr Maclure. It is my duty to Say that the public interest requires his immediate removal as well as direct instructions to the Board to advise with the Minister & inform him of all their transactions, & that the Same order should go to the Commercial agent, whose business in fact at Paris is & ought ⟨to⟩ be that only of a Commercial Secretary. I have no personal interest in urging this, Since I trust that your first letters after the rect. of this, will bring my permission to retire, but the public interest imperiously demands it. I have not thought it proper to apply to the French Government for permission to Suspend the drawing of the bills, for since the Board have Stopped their proceedings, it will be unnecessary. I think it more prudent to leave the responsibility Since they chuse to take it with them than Lay it to our Government. Besides as the French Government knows they are doing nothing they will think the demand premature. This delay will also, as I trust, afford me a more ample detail of your reasons than I have yet received, & entitle me to combat the objections which, I doubt not, will be made here to the creation of new delays, Since they are far from being pleased with those that have already intervened.
The House of Strobbel at Bordeaux has failed for a very large amount. Strobbel is himself in England. Antwerp is without a Commercial agent tho’ its commerce is very important. I believe under the present circumstances it cannot be the President’s intention that the Commercial agency Should be longer Suspended to wait the arrival of Mr Strobbel, or that Since his bankrupcy, it would be proper if he were here that he Should have it. I Shall therefore fill up the blank with Mr Ridgway’s name but at the Same time inform him that in case the President Should Chuse to give a preference to Mr Strobbel that he will resign in his favor. I hope this arrangement will be acceptable to the President, & that if he Still thinks Mr Strobbel Should have the preference that he will Send a Commission for him. You will observe that Mr Strobbel Settled when at home at Bordeaux, & that I have no reason to believe that the removal to Antwerp would be agreable to him. Mr Ridgway is settled at Antwerp & is a very respectable man & much considered there, & is willing to accept the appointment.
In my last I had the honor to inform you of my application to the Government for their aid in making Such arrangements with Tripoli, as the unfortunate loss of the Philadelphia renders necessary either in procuring a peace, or the liberation of those of our unfortunate fellow-citizens as have fallen into the hands of the Tripolitans. Enclosed is the answer to my note: I Shall consult with Mr Talleyrand on the instructions that he means to give to their Commercial agent at Tripoly & forward them to Commodore Prebble, & if possible to Mr Lear, who, I presume has the President’s orders for making peace if opportunity offers. Every aid that can with propriety be asked from this Court, I can obtain for him. I Submit it, Sir, to your judgement, whether it would not be proper to publish in America my note & the answer which is honourable to us, & would have a tendency to calm the anxiety of the friends of the Sufferers, by Shewing that they had commanded immediate attention & were not without a prospect of Speedy relief. I Send you by this conveyance the book you alluded to, & one other that you will find interesting. The Italian authors I have not yet been able to obtain when I do they Shall be transmitted.
No change of any importance has taken place Since my last. Preparations for the descent continue with great activity. I have the honor to be Dear Sir, With the highest respect & esteem your most Obt hum: Servt.
Robt R Livingston
P. S. upon reflection I find the Commission for the commercial agent void as it only could be good till the meeting of the Senate which has Since intervened, So that you will of course provide for filling this place.

   RC and enclosures (DNA: RG 59, DD, France, vol. 9); letterbook copy (NHi: Livingston Papers, vol. 1). RC in a clerk’s hand, signed by Livingston; docketed by Wagner as received 4 May. For enclosures, see nn. 2, 3, 6, and 8.

   Skipwith had enclosed this list of claims, which has not been found, in his 1 Jan. 1804 letter to JM. The summary of claims enclosed in Skipwith to Livingston, 7 Jan. 1804 (NHi: Livingston Papers; 1 p.), shows a total of just over 24,700,000 livres, not including twenty-five claims recently received and “Claims yet to come forward.” Skipwith conceded that many of the claims would probably not be allowed.

   Livingston enclosed his “Notes relative to the American claims, tending to prove their real amount” (3 pp.; two copies; both docketed by Wagner), showing the amounts claimed, with corrections in addition, plus interest, minus reductions for various reasons, including unsupported claims, as totaling just over 17,388,129 livres, leaving just over 2,611,870 livres remaining “for errors in the above statement, & for unforseen occurrences” from the Fr 20 million allotted in the claims convention. A note in Livingston’s hand on the verso of the first copy reads: “15th. Jany. I have just learned that the comrs. are going on & have yesterday sent up 6 cla[i]ms so that I must now I presume put in the note you direct. R R L.”

   Livingston enclosed (1) “List No. 0” (1 p.; two copies; both docketed by Wagner), “Claims paid recognized on the Examen of half the claims,” totaling just over 2,424,829 livres; (2) “List No. 0000” (1 p.; two copies; both docketed by Wagner), headed “Claims not supported in equity, or by vouchers” and listing claims under Skipwith’s agency plus sums for depreciation of assignats and bills from Île de France totaling just over 3,153,468 livres; (3) “List No. 00” (1 p.; docketed by Wagner as enclosed in Livingston’s no. 95), headed “Comparison between the Sums claim’d, & the Sums at which liquidated by the french Liquidator”; and (4) “List No. 000” (1 p.; docketed by Wagner), “Claims not within the Treaties of 1800 and 1803,” totaling just over 3,395,135 livres, with a note adding that many other claims would also be excluded because they were of foreign origin or were initiated by men who were not U.S. citizens.

   For Livingston’s instructions to request that the French government consent to a delay in the issuance of drafts on any awards given, see the postscript to JM to Livingston, 9 Nov. 1803.

   For Daniel Strobel’s career, see JM to Livingston, 5 May 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:573, 574 n. 1).

   Livingston enclosed a copy of Talleyrand to Livingston, 22 Nivôse an XII (13 Jan. 1804) (3 pp.; in French; docketed by Wagner; translation printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 3:335–36, where it is dated 17 Jan.), replying to Livingston’s 2 Jan. 1804 letter requesting assistance and stating that Napoleon’s sincere attachment to the U.S. government and people moved him to order the French commissary general at Tripoli to assist in any way possible in obtaining the release of the American prisoners.

   For JM’s request for books advertised in the Moniteur universel, see JM to Livingston, 6 Oct. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:491–96 and n. 10).

   Livingston also enclosed copies of Talleyrand to Livingston, 13 Nivôse an XII (4 Jan. 1804) (3 pp.; in French; docketed by Wagner: “Am. creditors who are debtors to French individuals”), proposing that where objections were made to U.S. claims, their existence should be noted on the certificate by the bureau of liquidation and no payment made by the U.S. government until the objections were removed; and Livingston’s 7 Jan. 1804 reply (4 pp.; printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 6:181–82), rejecting the request and giving several reasons why such withholding of payment would be unjust to U.S. claimants.


Title: To James Madison from John Martin Baker, 13 January 1804 (Abstract)
From: Baker, John Martin
To: Madison, James

13 January 1804, Palma. Refers JM to his last letter of 9 Jan. “It is with great regret I have to communicate to you Sir, the disagreeable information of the loss of a Frigate, of the United States, off Tripoli; This account I received this day, by official from my Vice-Consul, at Port Mahon—Henry Pater, under date of the 6th. instant. Copy of which letter, I herewith annex, and sincerely hope it may prove untrue.”

   RC and enclosure (DNA: RG 59, CD, Port Mahon, vol. 1). RC 2 pp. For enclosure, see n. 1.

   Baker enclosed a copy of Henry Pater to Baker, 6 Jan. 1804 (1 p.; marked triplicate; docketed by Wagner as received 29 Mar.), in which Pater reported that a Minorcan merchant from Tunis told him that the private letters that first brought news of the loss to Tunis had been confirmed by a letter from the pasha of Tripoli to the bey of Tunis. Pater believed the frigate was the Baltimore and stated that all 320 members of the crew had been made prisoners.


Title: To James Madison from James Sheafe, 13 January 1804 (Abstract)
From: Sheafe, James
To: Madison, James

13 January 1804, Portsmouth, New Hampshire. “I had the honor to confer with you in Jany. 1802, at your office in Washington on the subject of my claims on the French Republic for restitution of property under the Convention of 30 September 1800, at which time you favored me with a letter to Mr. Livingston, Minister at Paris, requesting him ‘to patronize such claims’; this letter I found very serviceable, & have received a favorable answer from the Minister.
“A new difficulty has arisen in my claim, and no doubt the same exists in many others. After, at very great expense, having obtained a decree from the Council of Prizes at Paris, that the value of my property should be restored by the Captors: before this value could be fixed by the proper tribunal the Captors failed. Years may elapse before it can be ascertained what or whether any thing can be obtained from the captors. In the mean time, the sum mentioned in the conjectural note may be exhausted, before the necessary documents can be brought forward to ascertain the insufficiency of the Captors. On this subject my correspondents in France have written me, whose letter I now inclose, for your perusal.
“I have taken the liberty to state this case for your consideration & pray you to apply such remedy of general nature, as such cases may appear to you to deserve, either by instructions to the Agent, or in such other way as you shall think proper. The favor of an answer, will much oblige me.”

   RC (DNA: RG 76, Preliminary Inventory 177, entry 143, France, Adjudication of Unsettled Spoliation Claims, Unbound Records, folder “Sheafe”). 2 pp.; in a clerk’s hand, signed by Sheafe; docketed by Wagner. Enclosure not found.

   For Sheafe’s case, see JM to Sheafe, 27 Jan. 1802, and JM to Livingston, 27 Jan. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 2:424–25 and nn., 426).


Title: To James Madison from Thomas FitzSimons, 14 January 1804
From: FitzSimons, Thomas
To: Madison, James

Sir
Philada. 14 January 1804
At the Request of my good friends Messrs. Nicklin & Griffith I take the liberty of incloseing to you a statement of a Claim which they have now depending in france the Acuracy of which may be Relyd on. The Case is so hard and the amount so considerable as to Induce them to hope that Government will grant them such Assistance in obtaining Restitution (either by recommending it to their minister or by such other means as it may Judge effectual) as the nature of it will admit. It is believed that if the instances in which this government has complyd with the 4th. article of the Convention were enumerated it would be usefull and if any such have occurred I have to request that you would direct a List to be furnished.
It will be observed that the Sole pretence for Condemning this property was the want of a Role de Equipage the neccessity for whic⟨h⟩ was not known when the ship sailed from America in all other Respects Every document was fair & regular the American ownership unquestionable.
If under these Circumstances the interposition of Government Can be obtained there is no doubt it will be highly usefull & as such will be acknowledged by the Gent Concerned. With respect I am sir Yr. Mo hble servt
Thos. FitzSimons

   RC (DNA: RG 76, Records Relating to French Spoliation Claims). In December 1963 this document was held in the spoliation records at the National Archives; in 2001 the editors were unable to locate it there.

   Enclosure not found, but it presumably dealt with the claim of Philip Nicklin and Robert E. Griffith for their ship New Jersey, which was seized on 12 Feb. 1798 by the French privateer Le Labourdin while returning from Canton and condemned at the city of Santo Domingo (Memorial of the Owners and Underwriters of the American Ship, the New Jersey … [Philadelphia, 1806; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 10856], pp. 3, 5, 19).

   Article 4 of the Convention of 1800 listed the papers vessels were required to carry as proofs of ownership, one of which was a rôle d’équipage enumerating all members of the crew and all passengers (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:459–62).


Title: To James Madison from William Ellery, 14 January 1804 (Abstract)
From: Ellery, William
To: Madison, James

14 January 1804, Newport. “At the request of James Tabor of New Bedford State of Massachusetts I now send you papers relative to the citizenship of Godfrey Hyer, and his impressment into the British Service. Mr. Tabor who married Hyer’s Sister, and to whom his letter from Liverpool is addressed, informs me that he had been absent many years, and that the last account they had concerning him was, that about six or seven years ago he was at New York. He left this State before Certificates of citizenship were granted. There is no doubt of his being an American Citizen, and I am sure you will take such measures to effect his discharge as you shall judge proper.”

   RC (DNA: RG 59, Records Relating to Impressed Seamen, 1794–1815, Misc. Correspondence, box 5). 1 p. Enclosures not found.


Title: To James Madison from William Riggin, 14 January 1804 (Abstract)
From: Riggin, William
To: Madison, James

14 January 1804, Baltimore. “I beg leave to acquaint you that having finished my business in this country I intend to avail myself of the first opportunity that offers to return to Trieste, and have now to request your instructions, which please address for me here to the care of Mr. Joseph Young, Mercht.”

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


Title: To James Madison from John Gavino, 15 January 1804 (Abstract)
From: Gavino, John
To: Madison, James

15 January 1804, Gibraltar. No. 141. Refers JM to his last letters of 4 and 11 Jan. Received the enclosed from Cathcart at Leghorn by post. Has heard from Malta that Bainbridge and his officers “are treated with Humanity by the Tripolins.”
“On the 12th. Inst: was brought into this Port for Examination by the English frigate Phebe, J. R. Capel Esqr: Commander, the ship American Hero, Andrew Marsters, Master belonging to Mr: Wm: Gray Junr: of Salem in the U. S. loaded with Sugar Coffe, Pepper & fish from said Port of Salem bound to Marseilles on pretence of being French property; Cap: Marsters was interogated in the Vice admiralty Court in my Presence on the 13: Inst: when ship and Cargo appeard to be the property of said Mr. Gray, & was released yesterday, had been stopd near Barcelona on the 2d Inst: & brought here for the aforesaid purpose, she is now proceeding on her Voyage.
“Yesterday arrived a Vessel from England who had saild with a Convoy of upwards of 40 Sail for this place and had been dispersed by a Gale of Wind in the Bay of Biscay, says there was many Troop ships with them.
“The Nautilus proceeded two days ago for Syracuse, and the Argo [Argus] is here ready to go on a Cruise in the Gutt &ca.” Adds in a postscript that the enclosed letter from Simpson has “just come to hand.”

   RC (DNA: RG 59, CD, Gibraltar, vol. 2). 2 pp. Printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 3:331. Enclosures not found.

   Salem merchant William Gray (1750–1825) was one of New England’s wealthiest shipowners. He was a Massachusetts state senator in 1807, 1808, and 1821 and served as lieutenant governor in 1810 and 1811. A supporter of Jefferson’s embargo, he was prompted by the animosity of his peers to move in 1809 from Salem to Boston, where he changed his political affiliation from Federalist to Republican (Edward Gray, William Gray of Salem, Merchant [Boston and New York, 1914], pp. 24, 39, 41–48, 49, 65, 67, 82).


Title: To James Madison from Turrell Tufts, 15 January 1804 (Abstract)
From: Tufts, Turrell
To: Madison, James

15 January 1804, Surinam. Transmitted copies of the enclosed by Capt. John Wallace of Philadelphia on 10 Jan. “I have no other apology to make for the incorrectness of these Copies—than that I am obliged to exert myself to earn a living—and to employ my whole time—and that the Fees of my Office would not be sufficient to Pay Clerk hire. Since the 7h. Instant ano. Person has been sentenced to be banished from this Colony—and I understand is Preparing to get a passage to the UStates. It is said his Crime is—plundering—while in the Execution of his Office as a Sworn Clerk. A few days since the William & Charles of Salem, Daniel Gould master—arrived here. Two hours before their getting into the River—the Captain took a Razor and cut the Mate’s Throat while a sleep in his Cabin. His name is Samuel Beckett. I have examined & taken the depositions of all the people, They are born in & about Salem—and discover only, that the Captain was under a strange delusion that Capt Thos Perkins of Salem owner of ¾ of Vessel & Cargo—had given the Mate Private orders to put the Capt—into prison here—& leave him—in order that Perkins might hold Said Gould’s Property—some of which he had left in Perkins hands at his departure, & without taking any receipts, as he says. Immediately on the Vessels Coming up to Town—I applied to Govt and had the Captain put into prison—& the mate under Proper care. The Govt. has not interfered in the business as yet though I am told they intend an examination of the parties. My present intention is, to keep the Capt in Prison until the Vessel will be ready to return—and then to send him home—to be tried by our own Laws.
“It is expected that the mate will recover—though it cannot be said that he is free from danger. It is a most unhappy affair—and the circumstances are So singular—that no other judgment can be formed than to conclude that the Capt was, at the moment of the Deed—Insane. I went today to the Prison & conversed with him thro the Grates. He appears to be wholly indifferent to his situation and yet converses with a great degree of regularity. When I first saw him on board the Vessel—he was manifestly to my view—deranged.”

   RC (DNA: RG 59, CD, Paramaribo, vol. 1). 3 pp.; docketed by Wagner with the notation: “convicts forced on board our vessels [sic].”

   The enclosures are Tufts to JM, 7 Jan. 1804, and its enclosure.


Title: To James Madison from William Buchanan, ca. 15 January 1804
From: Buchanan, William
To: Madison, James

Letter not found. Ca. 15 January, Île de France. Transmits a 15 Jan. 1804 “Return of the Cargoes arrived at and Shipped from the Isle of France from the first of July 1803 to the first of January 1804” listing thirty ships (DNA: RG 59, CD, Port Louis, vol. 1; two copies; 1 p. each; both docketed by Wagner). The second copy of the enclosure, headed “Return of American Vessels arrived at The Isle of France and Bourbon from the first of July 1803 To the first of January 1804,” omits the cargoes and dates of arrival but includes three vessels not listed on the first copy.


Title: Circular Letter to American Ministers, 16 January 1804
From: Madison, James
To: American Ministers

Sir
Washington, Department of State, January 16th 1804.
By the mail of last Evening, dispatches were received from New Orleans, announcing the formal delivery of the Province of Louisiana to the Commissioners of the United States on the 20th Ulto. This day Mr Baring will receive the portion to which he is entitled by this event of the Stock created in pursuance of the Treaty. The remaining two thirds will be forwarded under arrangements of the Secretary of the Treasury.
The enclosed Gazette contains some further particulars respecting this interesting Transaction. I have the Honor to be, with great Respect & consideration, Sir, your Obedt humble servant,
James Madison

   RC (NjP); letterbook copy (DNA: RG 59, IM, vol. 6); letterbook copy (NHi: Livingston Papers, vol. 2). RC in a clerk’s hand, signed by JM; marked “(Duplicate)”; addressed to Robert R. Livingston.

   Alexander Baring, of the house of Francis Baring and Company, had been in the U.S. for several months awaiting the ratification of the treaty and the delivery of the initial payment of stock (Hidy, The House of Baring, p. 34). For the arrangements for payment for Louisiana, see Livingston and Monroe to JM, 7 June 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:66–71).

   The enclosure was probably a copy of the 16 Jan. 1804 National Intelligencer, which published the news of the transfer, a 20 Dec. 1803 letter from Claiborne to Cato West reporting the transfer, and Claiborne’s 20 Dec. 1803 proclamation to the citizens of Louisiana (see Claiborne to JM, 20 Dec. 1803, and n. 2).


Title: From James Madison to James Monroe, 16 January 1804
From: Madison, James
To: Monroe, James

Sir
Department of State 16 Jany. 1804.
You will herewith receive the instructions in pursuance of which you are to propose and negotiate a convention between the United States and Great Britain, on the subject of impressments and other matters interesting to the two nations; and for which this letter with your commission of Minister Plenipotentiary to his Britannic Majesty will be your authority. I have the honor to be, Sir, With very great respect Your most obed. servt.
James Madison

   RC (DLC: Rives Collection, Madison Papers); letterbook copy (DNA: RG 59, IM, vol. 6). RC in a clerk’s hand, signed by JM; docketed by Monroe: “powers relative to impressments.” For enclosure, see n. 1.

   The enclosure was presumably JM to Monroe, 5 Jan. 1804.


Title: To James Madison from James Monroe, 16 January 1804
From: Monroe, James
To: Madison, James

private
Dear Sir
London Jany. 16. 1804.
I sent you by Liverpool lately a copy of Mr. Livingstons last letter to me relative to the guaranty, wh. communicated his having joined me in it. I send you herewith a duplicate of it, and a copy of my answer, which shews how the affr. is wound up. It is an incident wh. has given me much anxiety, as you will readily conceive, but I now flatter myself, in consideration of the manner of its conclusion, and the successful issue of affrs. in the UStates, in wh. I calculate on the possession of Louisiana by our govt., that it will produce some of the advantages that were expected from it, without the hasard of any injury. I shewed to Col: Livingston when here lately, on some private business, the passages in my publick letters on the subject, that he might communicate them to the minister, who wod. be satisfied to find that I had at least not used stronger terms in them than in my letters to himself. It appears that a difference of opinion took place between him & the board relative to the mode of proceeding by the latter under the convention, which was accompanied with irritating circumstances to each party. I was written to on the subject by him, a copy of wh. letter & my reply are enclosed. I hope that as soon as it was known that the treaty was ratified that the board proceeded in the business. I also hope that the asperities which took place between them, & causes producing them, will be calmly reviewed and do neither party any injury.
Mr. Livingston adverted to two subjects in his letter to me, the business yet to be adjusted with Spain & the notices in the gazettes respecting certain presumed discussions between this govt. & myself. You will find my answer on both points. Hearing from Col: Livingston that he had not recd. his dispatches communicating your correspondence with the Sph. minister, I sent him a copy of it, with one of the extracts to himself & to Mr. Pinckney, wh. you sent me at the same time. I thought that the extract to Mr. Pinckney wod. put him more completely in possession of yr. views, & therefore ad[d]ed it to the others, wh. it was important for him to get without delay. Col: Livingston heard that the dispatches for his relative had been thrown into the sea by the master of the vessel to whom they were committed, on being boarded by a British Frigate. I hear by Sr. Francis Baring who recd. a letter from his son of a date in decr., that the Spaniards wod. probably give up the country without opposition, so that I hope every thing will wind up most advantageously & honorably for our govt. & country. Very sincerely I am yr. friend & servt
Jas. Monroe

   RC (DLC: Rives Collection, Madison Papers). Enclosures not found, but see nn. 2 and 3.

   See Monroe to JM, 12 Jan. 1804, and n. 1.

   For Monroe to Livingston, 13 Jan. 1804, see Monroe to JM, 9 Jan. 1804, n. 3.

   For Livingston to Monroe, 8 Oct. 1803, complaining about the commissioners, and Monroe’s 29 Oct. 1803 reply, see Monroe to JM, 9 Jan. 1804, n. 3.

   Monroe presumably sent Livingston a copy of JM to Monroe, 24 Oct. 1803, and its enclosures (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:570–72).


Title: To James Madison from Tench Coxe, 17 January 1804 (Abstract)
From: Coxe, Tench
To: Madison, James

17 January 1804, Philadelphia. “Mr. Thomas Benger of the County of Philadelphia goes to Washington for the purpose of obtaining a patent for the preparation of oak bark for dying. He wishes for the honor of being made known to you & through you to the Board for granting patents. Soon after the peace of 1783 this gentleman with a numerous connexion moved from Newfoundland to our county of Bucks. He has since become a citizen of Pennsa. and the family have maintained a good standing among us. He has acquainted me with some part of his business but will of course regularly submit it to yourself and the other gentlemen of the Board.”

   RC (DLC). 2 pp.

   On 27 Jan. 1804 Thomas Benger was granted a patent for an “Improvement in preparing quercitron or black oak bark for exportation or home consumption, for dying or other uses” (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Miscellaneous, 1:430).


Title: From James Madison to James Monroe, 18 January 1804
From: Madison, James
To: Monroe, James

private
Dear Sir
Washington Jany. 18. 1804
I write you by Mr. Baring, who will also take charge of full instructions on the subject of a Convention with G. B for putting an end to impressments &c: It is of great importance to the harmony of the two Countries that the project should not entirely fail. There is not time to forward by this opportunity instructions relative to Madrid. They will probably soon follow. In the mean time, you will collect from a letter which the President writes, his present views with respect to that Mission. I refer to the same source also for other things of which a repetition is unnecessary; particularly the arrangement as to Louisiana.
Your outfit on going to London is of course. There will be a difficulty in varying the provision made beyond the annual allowance as Minister Extry. to Paris, it being fixed and recorded. Should you proceed to Madrid, it is probable that your expences will be defrayed, according to the several examples in point, and the apparent reasonableness of it. As soon as the instructions to proceed issue, a draught may I presume be authorised; which will be better than the mode you suggest of having the advance made you here, for settlement on your return.
I informed you in my last, that I had recd all your private letters down to Ocr. 22; including the documents relating to the joint negociation &c. with France; and that every thing seemed to be sufficiently understood here to make you easy. The letter of 22 Mar: from T. that of Apl. 10 to you, and the extract from Col. M’s journal, compleatly establish the essential points.
Mr. Merry has said nothing yet about St. Domingo, altho’ it is understood to be now in the hands of the Negroes, and has been in that train clearly & certainly for some time past. I learn from what I take to be a sure source, that G. B. will not aim at a monopoly of the trade there, and will also by an arrangement with the Negroes, shut the sea agst. them, in order to keep Jamaica safe. If she pursues this course, we shall be released from difficulties on that side. And it is be [sic] hoped that France will see that she has no motive to throw the commerce and the attachments of the negroes into the exclusive possession of England, by prohibitions agst. other nations.
Mr. M. expressed in strong terms the dissatisfaction of his Govt. at the memorial. He was told that the sentiments of this Govt. were truly expressed in the friendly assurances given by it; and that no authority had been given to express others. It was added that the Memorial, was not official, nor meant for the public eye; and very probably had been shaped into arguments most likely to favor the object of it; without adverting to the incidental tendency of them. In a word that the view taken of the subject was such as was deemed most likely to influence the policy of France rather than to exhibit the opinions or feelings of the writer. He seemed to be content with this disavowal, and signified his confidence that his govt. would be so likewise.
You omitted the acct. of the silver smith at Paris, as I hinted in my last. Be so good as to send it by the first oppy. I am anxious on my own as well as on your acct. to fulfill my engagements for the furniture. and am using exertions which I hope will ere long take effect. I shall say nothing to Mr. Mason, till I can say what will be agreeable to him. You will not forget that the Silver Smith’s acct. will not be sufficient to ascertain the debt. You must not only fix that part of it; but price the other articles also.
The inclosed paper has an address to M: Merry, which shows the importance to Gr Britain of a stipulation to surrender her deserting seamen. She cannot expect this to be either stipulated or practised, whilst her impressments go on. On the contrary she must expect other States to follow the example of Va. which will throw the whole trade between the two Countries in time of war at least, into American vessels. Accept from us all for Mrs. & Miss M. & yourself, our affectionate respects:
James Madison

   RC (DLC). Docketed by Monroe. Enclosure not found, but see n. 8.

   In an 8 Jan. 1804 letter Jefferson told Monroe that he would be instructed to proceed to Spain in order to settle the boundaries of Louisiana “as soon as you shall have regulated certain points of neutral right for us with England, or as soon as you find nothing in that way can be done” (Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:288–89).

   For Monroe’s suggestions for the reimbursement of his expenses, see Monroe to JM, 17 Sept. and 22 Oct. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:433–43, 562–64).

   See JM to Monroe, 26 Dec. 1803.

   Monroe sent JM copies of Talleyrand to Livingston, 22 Mar. 1803, on 1 and 11 Aug. 1803 and enclosed the extract from Col. John Mercer’s journal in his 17 Sept. 1803 letter to JM (ibid., 5:258, 294–98, 433–43). For Livingston to Monroe, 10 Apr. 1803, see Monroe to JM, 14 May 1803 (ibid., 4:610–15 and n. 2).

   “Merry” is interlined in pencil here.

   “Of Mr. Livingston” is interlined in pencil here. On 6 Dec. 1803 Merry wrote Hawkesbury that he had complained to JM about the memorial shortly after his arrival in Washington and had received assurances from JM that Livingston’s observations were made without instructions from the U.S. government and were “highly disapproved.” He said he was told that the publication of the memorial in the U.S. was done without the authority or the knowledge of the government (PRO: Foreign Office, ser. 5, 41:30–31). For JM’s remarks to Livingston on the publication of his memorial, see JM to Livingston, 29 July 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:236–37, 238 n. 6).

   See JM to Monroe, 26 Dec. 1803.

   JM doubtless enclosed a copy of the petition from the “Masters and Commanders of British vessels” at Norfolk to Anthony Merry complaining that many of their seamen had deserted, that magistrates said Virginia law forbade them to order the men’s return, and that obeying the British law requiring crews of British ships to be three-quarters British was becoming impossible as British seamen preferred to serve on American vessels because of higher wages and lower chances of impressment into the navy. They added that these difficulties existed in no other U.S. port, since no other state had such a law (Philadelphia Gazette of the U.S., 17 Jan. 1804). For the Virginia statute, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:28 n. 2.