Title: To James Madison from Fulwar Skipwith, 20 May 1803 (Abstract)
From: Skipwith, Fulwar
To: Madison, James

20 May 1803, Paris. Conceives the business of American claims against the French government and of his agency “to be drawing to a close.” “The emoluments of my Office of Consul are almost nothing. My own fortune is unequal to the support of myself & family. My zeal & exertions to serve my Country at some of her most difficult periods both here & in the W. Indias have been great. My sacrifice of property, while in public service, has been considerable, to say nothing of the long & disinterested devotion of my time during near three years of Mr. Adams’s administration, when without either emolument of Office, or compensation for my trouble, I performed important, & the most hazardous public duties.” Encloses extracts and copies of letters that present evidence of his loss of property. “That property, to the amount of 15,000$, was honestly gained by five years labours & dangers of the best part of my life, and was abandoned, as you will perceive, by the unjust opposition if not federal malice of Mr. King & Mr. Pickering.” Trusts these facts have not escaped JM’s and the president’s notice. “Indeed I am encouraged by Mr. Monroe to believe … I may reasonably expect to be employed in some other than my present station, as soon as one susceptible of a reasonable compensation, & within the convenience of the Government, shall present itself. If then my situation here cannot be ameliorated, by my receiving a fixed compensation for my services, sufficient to enable me to live, I must solicit an appointment elsewhere. In this City every necessary, as well as accommodation of life, has nearly doubled since the period, at which Mr. Jefferson knew it.” Though he is no longer the U.S. consul general, “all the unprofitable & troublesome duties of that Office continue, by the force of circumstances,” to be imposed on him. The French government refuses to hear the complaints of Americans except through him or Livingston. Livingston seldom chooses to interfere in individual cases, “especially where those things are neither flattering or agreeable,” and generally refers them to Skipwith. Since both the administration’s intention and U.S. law forbid a salary to the holder of his office, suggests “a new ground on which it may be found proper” to employ him. Louisiana, “by the wise and energetic conduct of our Government,” is about to become part of U.S. territory. A host of federal officers must be named. Commercial relations between Louisiana and France “are for some years to remain upon a very intimate footing.” “The Inhabitants speak mostly the french language, & differ much in manners, customs, & Religion” from American citizens. It would “promote the interest of the Union, to appoint men to reside among them, who know their genius, temper, & manners, and who would be able to render … republican forms, & principles agreeable as well as useful to them.” “I think myself equal to a task of this kind, & being disposed with a most deserving wife to attatch our fortunes to the destiny of that new region of our Territory, provided it be not more agreeable to the President to continue me here, I must intreat you, Sir, to become the organ of my solicitation with him, and that both you & him will rest secure of my performing the trust that is, & may be confided to me with industry & Integrity.”

   RC, two copies, and enclosures (DNA: RG 59, LAR, 1801–9, filed under “Skipwith”); extract (DLC: Causten-Pickett Papers, Fulwar Skipwith Papers, box 5, Claims). First RC 3 pp.; marked “Copy”; docketed by Jefferson and by Wagner as received 17 Aug. Second RC dated 16 May. Minor variations between the RCs have not been noted. Extract dated “April 1803. 4.” For enclosures, see n. 1.

   Skipwith enclosed extracts of four letters from George W. Erving, 15 Jan., 7 Feb., 8 Mar., and 21 Apr. 1803 (6 pp.), that discussed claims Skipwith had forwarded to Erving to be submitted to the commission under article 7 of the Jay treaty. The claims were eventually dismissed because Skipwith’s “legal Remedy had not been pursued to its utmost extent” (Erving to Skipwith, 8 Mar. 1803).

   For Monroe’s recommendation of Skipwith for the post of collector at New Orleans, see Monroe to JM, 16 May 1803.


Title: To James Madison from Carlos Martínez de Yrujo, 20 May 1803 (Abstract)
From: Yrujo, Carlos Martínez de
To: Madison, James

20 May 1803, Philadelphia. Reports that the king has been informed that American ships have assembled at points occupied by his subjects on the Patagonian coast, which indisputably belongs to Spain. These gatherings are prejudicial to the interests of the king’s subjects who come from Spain and from Spanish settlements on that coast to fish for seals and other sea life, and in many cases these Americans have violently resisted the Spanish authorities in order to conduct a trade and fishery upon coasts to which Americans have not the least right. To prevent abuses that could arise from such repeated infractions on the part of American citizens, the king has decided to shelter his subjects from danger and defend his rights by taking efficacious measures. Wishing to show anew his friendship for the U.S. and his moderation in all cases, even those calling for prompt and decisive action founded on justice and indisputable rights, he has commanded Yrujo to communicate to the president through JM his determination to end the infractions occasioning this resolution, not doubting that the U.S. on its part will take opportune measures so that its citizens will cease to act in ways that could result in disagreeable incidents.

   RC (DNA: RG 59, NFL, Spain, vol. 2). 2 pp.; in Spanish; in a clerk’s hand, except for Yrujo’s complimentary close and signature.

   For the background of this complaint, see León Tello, Documentos relativos a la independencia de Norteamérica, 4:34–35. For the growth of the seal fishery on South America’s Atlantic coast, see Edouard A. Stackpole, The Sea-Hunters: The New England Whalemen during Two Centuries, 1635–1835 (Philadelphia and New York, 1953), pp. 181–93.


Title: To James Madison from John Gavino, 21 May 1803 (Abstract)
From: Gavino, John
To: Madison, James

21 May 1803, Gibraltar. No. 121. Has received nothing from JM since writing on 5 May, nor has he heard anything of Commodore Morris or any U.S. frigates. Encloses a dispatch from Simpson [not found] and a copy of one from O’Brien dated 20 Apr. Received a letter from Sir Peter Wyk announcing that he had “returnd from seeing the Emperour” and that “his mission has ended to his entire satisfaction.” Adds in a postscript that “a french three Dutch Ships, a frigate and Corvet with five Transports lately passd hence from the East.”

   RC and enclosure (DNA: RG 59, CD, Gibraltar, vol. 2). RC 1 p.; docketed by Wagner as received 9 Aug. For surviving enclosure, see n. 2.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:576.

   Gavino enclosed a copy of O’Brien’s 20 Apr. 1803 letter (1 p.), which stated that “if the affairs of the Missisipi is arranged,” the store ship from America should arrive “by the end of May” and “need not waite at Gibraltar for Convoy or the Deys Pass.,” as the knowledge that it carried stores for Algiers would protect it from Barbary corsairs. O’Brien also noted that on 30 Mar. fifteen corsairs were ready to sail from Tunis, supposedly to attack Swedish commerce, and he asked Gavino to notify American ships touching at Gibraltar that nine corsairs had sailed from Algiers on 7 Apr.

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


Title: To James Madison from John Mitchell, 21 May 1803 (Abstract)
From: Mitchell, John
To: Madison, James

21 May 1803, Le Havre. Wrote JM on 15 May via Boston that Livingston and Monroe had ordered him to arrange passage for a “Special Messenger with Dispatches.” Has engaged the brig Enterprize, Captain Wilcox, bound for New York, to carry Hughes and the dispatches. Feels “particular pleasure” that his first official act is “to transmitt a Treaty of so great importance” which “will afford so much satisfaction to evry individual Attatched to our Country.” Has drawn on JM for $140 for Hughes’s passage.

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

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:617.

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


Title: To James Madison from William Croghan, 22 May 1803
From: Croghan, William
To: Madison, James

Sir
Near Louisville Kentucky May 22nd. 1803
Upward of a year ago I Wrote you by the bearer Mr. Denis Fitzhugh, when I enclosed two Decrees of the Court of Quarter Session of Jefferson County in this State, both of which were for Land purchased by Richard Taylor & Myself from your Brother Ambrose in March 1792, which Land he Sold us as your & his property, When I wrote you I enclosed a Copy of the receipt for the Money paid by me for the Land, and flattered Myself that you & your Niece would have made me the Deed eer now, as you Informed Mr. Fitzhugh you would have it done, but not hearing from you or receiving the Deed apprehend the multiplicity of Important business you are engaged in has prevented your having the Deed Made—permit me to request the favour of your having it Shortly done & Sent to me either by post, the bearer Mr. Fitzhugh, or Some Safe & Speedy Conveyance so that I may get the Deed recorded in Eight Months after date which will Much Oblige your Most obt St.
W. Croghan

   RC (DLC).

   See Croghan to JM, 7 Apr. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 3:109).


Title: To James Madison from William Jarvis, 23 May 1803 (Abstract)
From: Jarvis, William
To: Madison, James

23 May 1803, Lisbon. Wrote on 11 May enclosing a copy of a letter to Almeida regarding the Aurora and Four Sisters and a letter from O’Brien. Spoke with “a Portugueze Gentleman” who “observ’d that a considerable extent of territory” on the Río de la Plata “which had been a subject of much contention” between Spain and Portugal had been “made neutral Ground” at Spain’s insistence, in the expectation that this measure would prevent Portuguese smuggling. “Circumstanced as we are relative to Louisianna, this information at a juncture when the prime minister of England has declared in the House of Commons he expected the British Ambassador was on his way from Paris led to some reflections which if practicable, I have no doubt have occurred to the President or yourself.” “Viewing the settlement of the French in Louisianna as one of the most unfortunate events that could take place” for the U.S., and “not having any thing else to communicate,” will discuss “a preventative to the evil.” The strongest objections to the settlement are the opportunities it would give the French to incite “our Indians … to disturb and harrass our frontier settlements” and to intrigue with the inhabitants of the western states to “bring on a premature dissolution of the Union” in exchange for trade advantages. Perhaps he does France an injustice but thinks the U.S. would be more secure if the French did not have these opportunities. Should these fears be unfounded, a settlement would still be “highly injurious” from an agricultural and commercial point of view, since, enjoying the same climate as the eastern U.S. and better soil, these settlers could raise the same produce “at a much cheaper rate,” supplying meat, lumber, and livestock to French colonies and wheat, rice, cotton, and tobacco to France “to our total exclusion.” Eventually, “if Justice is done to the Power Resources and Population of France,” that country could rival the U.S. in other European markets. A settlement would also attract thousands of Italians, Swiss, and Germans, who would “fly from the misery of their native Country upon the smallest encouragement being given them by the French Government.” For a variety of reasons, if war takes place, France must give up the settlement of Louisiana. In addition, a lack of revenue might lead the French “to relinquish the possession of that Province, if a handsome Sum was paid them & the honor of the Nation preserved.” Suggests that the part of Louisiana west of the Mississippi be made neutral ground, to which both parties would relinquish all rights, and the eastern part only ceded to the U.S. This would also be agreeable to Spain: it would form a barrier between the U.S. and Spanish territories, take the French “out of their Neighbourhood,” and possibly induce them to relinquish the Floridas to the U.S. British West Indian colonies “would also derive considerable Security” from the arrangement, which would make the British enter “with alacrity” into a guarantee of neutrality for western Louisiana. The U.S. “might in consideration of the Sum we paid reserve the right of Settlement for as many natives as are within” U.S. limits “who would consent to remove thence.” “Many of our Tribes might be induced to leave the Graves of their forefathers to go there, when they were made to understand, that themselves and their hunting grounds were to remain unmolested by their white neighbours.” If they could be persuaded to exchange lands in western Louisiana for those they hold in the U.S., “the Sums we should save in extinguishing their title would reimburse part what we should be obliged to give to France.” “The residue … would be much more than saved in 20 or 30 Years by the fortifications we should be obliged to build and the army employ to secure our Frontier from the inroads of the French in times of hostility.” Could this be accomplished for ten or twenty million dollars, the sum would be small “compared with the Security, prosperity and happiness that would result.” An express that left Paris 11 May arrived “this night,” informing the Portuguese government that the negotiations had ended unsuccessfully and that Whitworth was to leave soon for London. A report is circulated on exchange that the Spanish fleet has arrived with $22 million, but he cannot trace this news to a reliable source. Adds in a 24 May postscript: “A Danish Vessel … reports that on the 15th he spoke a French Packet boat” that was on its way to Dover to pick up Andréossy; on 19 May “he spoke” a [British] naval squadron on its way to join the blockade of Brest that informed him “that War was declared the 13th Inst; but as We had a London Morning Paper of the 13th by the last Packet the latter part of his information is doubtful.”

   RC (DNA: RG 59, CD, Lisbon, vol. 2). 7 pp.; docketed by Wagner as received 8 July.

   Jarvis to JM, 10 May 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:586–87).

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


Title: To James Madison from John Mitchell, 23 May 1803 (Abstract)
From: Mitchell, John
To: Madison, James

23 May 1803, Le Havre. “The Enterprize not being able to sail yesterday, I have to inform You that My letters from Paris assures Me Ld Hawksbury Mentioned in the House of Commons that Letters of Marc & reprisals had been issued against france—I think on the 17h. inst.”

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

   On 16 May Lord Hawkesbury told the House of Commons that letters of marque and reprisal had been ordered even though the matter had not been mentioned in the king’s message to Parliament of that day (Annual Register for 1803The Annual Register, or A View of the History, Politics, and Literature, for the Year 1803 (London, 1805)., p. 141).

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


Title: Court Decree in the Case of JM and William Madison v. John Allbright and Others, 23 May 1803 (Abstract)
From: Orange County Courthouse
To:

23 May 1803. Decision in favor of JM and William Madison, executors for the estate of James Madison, Sr., deceased, and against John Allbright, Bastien Dimbell, and Mathias Harner for nonpayment of a debt in the amount of £45 5s. Judgment to be discharged by the payment of £22 12s. 6d. with interest to be computed from 12 Jan. 1803 until payment.

   Letterbook copy (Vi: Orange County Courthouse Records). 1 p.


Title: To James Madison from John Patrick, 23 May 1803
From: Patrick, John
To: Madison, James

Letter not found. 23 May 1803. Acknowledged in Wagner to Patrick, 1 June 1803 (DNA: RG 59, DL, vol. 14). Requests information about the claims convention with Spain.


Title: From James Madison to Richard Peters, 24 May 1803
From: Madison, James
To: Peters, Richard

Dear Sir
Washington May. 24. 1803.
Your favor of the 18th. did not give me the first intimation that the adverse fortunes of our very estimable friend Fayette had reconciled him to a mode of assistance from this country, which notwithstanding his acknowledged services to it, his generous feelings would under other circumstances, not have accepted. In a letter recd. from him not long ago by myself, I was authorized to draw the same conclusion from the candid, though delicate explanations which he imparted to me.
Nothing I can assure you would be more gratifying to me than to be instrumental in contributing to the object which you so justly espouse. The relief of so much merit, so much depressed, would be among those honorable traits, for which I should be proud to see our government distinguished above all others. Knowing however as I do, and as you do, the many difficulties in such cases, of fixing the attention of public bodies to the true points of view, especially in a croud of important & animating business, I do not allow my self to be sanguine that any thing will take place that will satisfy us. It will give you pleasure however to be informed, if you have not already observed, that a mode was devised during the late session of Congress, by which some token of their regard & beneficence to Genl. Fayette was afforded. A tract of land is granted to him, in consequence of his military services, which will contain about 12,000 Acres; and from the favorable circumstances under which it may be located, it is computed to be now worth in ready money about 20,000 dollars. If he can avoid the necessity of disposing of it, or even any considerable part of it for a few years, it may prove an important resource for his family.
We are here as well as elsewhere in uncertainty with respect to the result of the question depending between France and England. The attitude known to be taken by both in warlike preparations, and supposed to be taken in negociation also, have been thought to make a rupture scarcely avoidable. The delay however has an influence on the calculation, and the greater, as a disinclination to war is probably sincere in one of the parties at least. In the other scale again, the price of the stocks in both countries denotes a tendency to war; and considering the sensibility of this species of property, and the acuteness of its holders, the evidence is of considerable weight. I beg you Sir to accept a return of my best wishes for your health & every other happiness with assurances of my sincere esteem
James Madison

   RC (PHi: Peters Papers). Docketed by Peters.

   Lafayette made a discreet appeal for financial aid from the U.S. in his letter to JM of 1 Dec. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:166–69). For Congress’s action and JM’s subsequent involvement in the marquis’s affairs, see Madison and Lafayette’s Louisiana Lands, 26 Oct. 1809 (PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (4 vols. to date; Charlottesville, Va., 1984–)., 2:35–38).

   Section 4 of “An Act to revive and continue in force, an act in addition to an act intituled ‘An act in addition to an act regulating the grants of land appropriated for Military Services …,’” 3 Mar. 1803, authorized the secretary of war to issue land warrants to Lafayette for 11,520 acres (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:236).


Title: Court Decree in the Case of JM and William Madison v. James Taylor and Others, 24 May 1803 (Abstract)
From: Orange County Courthouse
To:

24 May 1803. JM and William Madison, executors for the estate of James Madison, Sr., deceased, are awarded a decision against James Taylor, Samuel Smith, and William Smith in the amount of £12 at 6 percent annual interest from 16 Mar. 1798 until payment. The sum of $20 already paid is to be credited against the judgment.

   Letterbook copy (Vi: Orange County Courthouse Records). 1 p.


Title: From James Madison to Robert R. Livingston, 25 May 1803
From: Madison, James
To: Livingston, Robert R.

Sir,
Department of State, May 25th. 1803.
Your several letters of March 3. 11. 18 & 24th with their inclosures have been duly received, as has been that of March 12th to the President. According to the request in this last, I now acknowledge also, or perhaps repeat the acknowledgment of the two papers inclosed, the one in your letter of Feby 26, the other in that of Augt. 10th. 1802.
The assurances given by the Chief Consul on the subject of our claims, cannot but be acceptable although they amount to less than justice because no more than justice would have been done if the claims had been satisfied without delay which has intervened and according to the example of good faith and punctuality in executing the treaty given by the United States. It is to be hoped that the sincerity of these assurances will be verified by the success of the measures you are taking for a final and favorable settlement in behalf of our Citizens, who have never doubted, as far as I know, your solicitude or your exertions to obtain justice for them.
The assurances given at the same time by the Chief Consul of his regard for the United States, and of his personal esteem for their Chief Magistrate are entitled also to favorable attention, as an indication that a juster value begins to be placed on our friendly relations to the French Republic. Whether this language of the French government be the effect of the political crisis in which it finds itself or of a growing conversion of the important destinies and honorable policy of the United States or as is probable of both considerations you will in return, communicate the assurances with which you are charged by the President, of his disposition to cherish a reciprocity of their sentiments, and that sincere amity between the two Nations which is prescribed to both, by such weighty advantages.
The persevering evasions of your demands on the subject of the deposit at New Orleans and generally of the rights of the United States as fixed by their treaty with Spain is not a little astonishing. It is as difficult to be reconciled with the sincerity of the late professions of the French government and with the policy which the moment dictates to it as with any other rational motives. It is the more extraordinary too as it appears by a late communication from the Spanish government to Mr. Pinckney of which he says he forwarded a copy to Paris and of which another is herewith inclosed that the treaty of cession expressly saves all rights previously stipulated to other nations but; a conduct so inexplicable is little fitted to inspire confidence or to strengthen friendship and rendered proper the peremptory declaration contained in your note of the 16th. March. The negotiations succeeding the arrival of Mr. Monroe can not fail to draw out the views of France on this important subject.
You were informed in my letter of the 18 & 20th April that orders had been transmitted by the Spanish government for restoring the deposit. The answers from New Orleans to the Spanish and French ministers here shew that their successive interpositions including the peremptory one from the marquis dYrujo of the 13 March were all unavailing. The orders of the king of Spain will no doubt be obeyed if they arrive before possession be given to the French authority nor is it presumable that in that event they would be disregarded. Still it is possible that the French agents may chuse to wait for the French construction of the treaty before they relinquish the ground taken by the intendant and the more possible as the orders to the intendant may contain no disavowal of his construction of it. Under these circumstances it will be incumbent on the French government to hasten the orders necessary to guard against a prolongation of the evil and the very serious consequences incident to it. It can not be too much pressed that the justice and friendship of France in relation of our rights and interests on the Mississippi will be the principal rules by which we shall measure her views respecting the United States and by which the United States will shape the course of their future policy towards her.
Your answer to the complaint of a traffic of our Citizens with the Negroes of St. Domingo and of Subscriptions in Philadelphia in behalf of the latter was founded in just observations. You may now add, with respect to the Subscriptions, the positive fact, that no such Subscriptions have ever been instituted; and with respect to the other complaint, that no such traffic is known or believed to have taken place; or if it has taken place that it must have been from foreign ports, and not from ports of the United States.
You will find by the memorial herewith inclosed from three Citizens of the United States now imprisoned at Jacmel, that whilst we repel unfounded complaints on the part of France, the best founded ones exist on ours. The letter written to Mr. Pichon, on this occasion, of which a copy is enclosed, will suggest the proper representation to the French Government. It is to be wished that his answer to me may be a type of that which will be given to you. The case of Captains Rogers & Davidson will connect itself with that now committed to your attention.
We are still ignorant of the result of the armed negotiations between Great Britain and France. Should it be war, or should the uncertainty of the result, be spun out, the crisis may be favorable to our rights and our just objects, and the President assures himself that the proper use will be made of it. Mr. Monroe’s arrival has not yet been mentioned in any accounts which have not been contradicted. I have the honor to be, With great respect & esteem, Sir your most obt. Servt.
James Madison

   RC (PHC); RC, three copies (NHi: Livingston Papers); letterbook copy (DNA: RG 59, IM, vol. 6). First RC in a clerk’s hand, signed by JM; decoded interlinearly. Italicized words and letters are those encoded by a State Department clerk and decoded here by the editors (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:304–5 n.). Second RC, marked “(Duplicate),” is a letterpress copy of first RC. Third RC marked “(Triplicate.)”; in a clerk’s hand, signed by JM; partially in code. Fourth RC, marked “(Quadruplicate),” is a letterpress copy of the third RC. Second, third, and fourth RCs not decoded. Enclosures not found, but see nn. 5, 11, and 12.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:385–86, 410–12, 431–32, 447–48.

   Livingston to Jefferson, 12 Mar. 1803 (DLC: Jefferson Papers).

   Livingston to JM, 26 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:492–94 and n. 1).

   Livingston to JM, 10 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 3:467–69, 470 n. 3).

   For Cevallos’s letter to Charles Pinckney, 31 Mar. 1803, see Pinckney to JM, 28 Apr. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:469–71 and n. 4).

   Livingston decoded this word as “Says.”

   For Livingston’s 16 Mar. 1803 note to Talleyrand asserting the American right of deposit at New Orleans, see Livingston to JM, 18 Mar. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:431–32 and n. 2).

   For JM’s first letter of 18 Apr. to Livingston and Monroe and his letter to Monroe of 20 Apr., see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:527–32, 540–41.

   For Yrujo’s letters to Morales and Salcedo of 11 Mar., see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:410 n. 2.

   For Talleyrand’s letter of complaint and Livingston’s reply, see Livingston to JM, 24 Mar. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:447–48, 449 n. 4).

   For the memorial of Enoch Robins, Joseph Gardner, and James J. Barry, 11 Apr. 1803, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:503.

   JM no doubt enclosed his letter to Pichon of 20 May 1803, complaining of the treatment of the three American citizens at Jacmel, to which Pichon replied on 24 May 1803.

   For details of the mistreatment of John Rodgers and William Davidson at Saint-Domingue, see Rodgers to JM, June 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 3:270–72 and n. 1). For the latest of JM’s instructions to Livingston on this case, see JM to Livingston, 23 Feb. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:343–44).


Title: From James Madison to John Wells, 25 May 1803 (Abstract)
From: Madison, James
To: Wells, John

25 May 1803, Department of State. “The President of the United States has received your letter of the 2nd. inst [not found], recapitulating the losses you have sustained by French captures. It would have given me pleasure to have it in my power to communicate a more favorable answer than the remarks contained in my letter to you of the 10th. November 1801 [not found], but I have nothing to add to them, except that the negotiation alluded to has not terminated and that a correct opinion cannot now be formed, whether the case of the John and Mary will fall within the treaty, if it succeed.”

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

   At least two ships owned by John Wells, a Newburyport, Massachusetts, merchant, have been identified as captured by French privateers: the brig Leonard, with a loss of $9,000; and the John and Martha, captured in 1798 and taken into Málaga. The latter would have fallen into that class of claims which Spain had refused to recognize and which JM had particularly instructed Pinckney to have included in any settlement (John J. Currier, History of Newburyport, Mass., 1764–1905 [Newburyport, Mass., 1906], p. 240; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:448–49; PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 1:273–74).


Title: From James Madison to Carlos Martínez de Yrujo, 27 May 1803
From: Madison, James
To: Yrujo, Carlos Martínez de

Sir
Department of State May 27th. 1803.
A ship is nearly ready to sail from Norfolk for Algiers with Maritime stores and other articles requisite for the fulfilment of our stipulations with the Dey and Regency. As neither the name of the vessel nor that of the master is at present known at the seat of Government, I take the liberty of requesting a blank passport, for such a vessel, if you can issue it consistantly with the form of your legation. I have the honor to be &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14). Identical letters were sent to Louis-André Pichon and Edward Thornton (ibid.).

   Yrujo enclosed the requested passport in his letter to JM of 31 May 1803 (DNA: RG 59, NFL, Spain, vol. 2; 1 p.; in Spanish; docketed by Wagner), leaving the names of the ship and captain blank.


Title: To James Madison from Asher Robbins, 27 May 1803
From: Robbins, Asher
To: Madison, James

Sir
(Rhode Island) Newport, 27. May, 1803
You undoubtedly recollect the case of Mr Thomas Eldred. A long time ago he applied to the department of State to aid him in reclaiming property to a large amount, depending in the Courts of Spain, upon the question whether, or no he is a citizen of the United States. He writes that he has recently been informed that you had come to entertain some doubts of his being a citizen, & had instructed our minister at Madrid not to interfere in his behalf, ’till those doubts were removed. His family here have applied to me to procure & forward to your department, the documents and evidence, that go to establish his citizenship. I have concluded first however to request you Sir, to state the circumstances, out of which those doubts have arisen. It can be demonstrated that he is a native of this State. That he went from hence before the commencement of the revolution-war, on commercial pursuits merely. That tho’ he resided out of the Country during the war, he never joined the Enemy. That he never was proscribed by this State nor considered as an alien. That he has always considered himself as belonging to this State, & this as his Country & Home. That he has maintained his widowed mother & family here & uniformly proposed returning to live with them, as soon as the situation of his property would permit him to do it, to his & their satisfaction. But whether those doubts have arisen from the want of any of these proofs, or from the want of other proofs I am not informed. It will be a particular favor to receive this information, as early as your convenience may permit. I am, Sir with the most respectful consideration your hble servt
Asher Robbins

   RC (DNA: RG 59, ML); Tr (NjP: Crane Collection); Tr (DLC: Causten-Pickett Papers, box 14).

   For Eldred’s claim against Spain for the brig Sally, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:99 and n. 1, 441–42 and n. 1.

   See JM to Charles Pinckney, 1 Dec. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:165).


Title: To James Madison from Stephen Cathalan, Jr., 27 May 1803 (Abstract)
From: Cathalan, Stephen
To: Madison, James

27 May 1803, Marseilles. Wrote last on 19 Mar. enclosing his accounts with the U.S., a bill for postage from 2 July 1802 amounting to Fr 109.8, and dispatches for JM from O’Brien and Eaton. Encloses a packet from Eaton. On 15 May received a copy of Gallatin’s circular of 23 Mar. with a copy of section 9 of the law passed 28 Feb., which he has had published in the newspaper as requested. Hopes to receive the complete law from JM soon. Asks JM to deliver the enclosed reply to Jefferson’s letter of 7 Feb., enclosing an invoice and bill of lading for “Some produce of this Country” the president requested. Hopes the obstacles to granting his exequatur have been removed by the intervention of Monroe and Livingston, to whom he has written, since the Russian, Neapolitan, and Sicilian commercial agents at Marseilles have received theirs, “Tho’ French natives as well as I.” Has claimed this as a favor from Talleyrand and Napoleon, although “it is but an Act of Justice,” since his conduct has been satisfying to both governments. Has sent Monroe copies of his letters to them. Learned “a few days ago indirectly” that if the U.S. minister at Paris requests an exequatur from Talleyrand’s office, it will no longer be refused. “Official intelligence received yesterday” of a rupture between Great Britain and France confirms the “Strong apprehensions” of the past two months. In reprisal for British arrests of French nationals in Great Britain, British vessels, passengers, and travelers have been arrested at Marseilles. “To prevent any disagreeable mistake in taking American Citizens for Englishmen,” has been asked by Permon, the commissary general of police, to issue certificates of citizenship to all Americans so that “they will be protected and not mollested.” Has assured Permon, “who has been in the United States & Speakes very good English and Esteems much Americans,” that he will be very careful in delivering these certificates so that Permon “may add faith to such ones delivered” by Cathalan. Was advised from Paris “a few days ago” that “our Ministers” have purchased Louisiana from France and have arranged for “all Claims to be immediately paid” to the U.S. “This intelligence … gives the greatest hopes of an Everlasting Friendship between both powers, and if the neutrality is respected by the English and the French ports not Blockaded, many American Vessells will Carry on a very advantageous trade with France at a mutual Benefit during this War.”

   RC (DNA: RG 59, CD, Marseilles, vol. 2). 3 pp.; docketed by Wagner as received 14 Aug. Enclosures not found, but see n. 4.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:435–36.

   Document not found.

   Section 9 of “An Act supplementary to the ‘act concerning Consuls and Vice-Consuls, and for the further protection of American Seamen’” required a consular certificate and seal on all powers of attorney for any transfer of U.S. stock or receipt of interest from that stock after 30 June 1803 (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:205).

   See Jefferson to Cathalan, 7 Feb. 1803, and Cathalan to Jefferson, 31 May 1803 (DLC: Jefferson Papers).

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


Title: To James Madison from John Francis Mercer, 27 May 1803 (Abstract)
From: Mercer, John Francis
To: Madison, James

27 May 1803, “Council Chamber.” Transmits “a Letter from the Executive of Maryland to William Pinkney Esqr. together with a Duplicate for the information of the President of the United States.” Asks that JM forward the letter along with a packet directed to Pinkney.

   FC (MdAA: Executive Papers, 1801–14). 1 p.; in a clerk’s hand; signed by Mercer.

   Letter not found, but it was probably Mercer to Pinkney, 26 May 1803, requesting the latter’s “utmost cooperation” and trusting “to his discretion the payment of certain claims in order to settle expeditiously the whole case” (summarized in Radoff, The Bank Stock Papers, no. 5 of Calendar of Maryland State Papers [Annapolis, 1947], p. 30).


Title: To James Madison from John Phillips Ripley, 27 May 1803 (Abstract)
From: Ripley, John Phillips
To: Madison, James

27 May 1803, Philadelphia. Is informed that some Barbary consulates are vacant and, although unknown to JM, offers himself “for employment in that quarter.” Was “in nomination for the office of consul at Tunis” in 1797 and was informed by Pickering that he would be appointed. “But for reasons which at least cannot prejudice my present application Mr. Eaton’s services were considered as more acceptable.” Now practices law in Philadelphia but, “notwithstanding a sacrifice of professional prospects,” would “be happy to pass two or three years in an employment which may be useful” to his country.

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

   In 1797, according to Timothy Pickering and William Eaton, John Phillips Ripley (1775–1816), Eaton’s classmate at Dartmouth College, accepted a bribe from the Spanish minister and perjured himself in an attempt to implicate Pickering in the Blount Conspiracy (Columbian Centinel, 13 Mar. 1816; Pickering to Eaton, 19 Sept. 1797, Eaton to Pickering, 30 Sept. 1797, and Eaton to Ripley, 28 Nov. 1798 [Allis, Timothy Pickering Papers (microfilm ed.), reels 7, 21, 23]).


Title: From James Madison to Robert R. Livingston and James Monroe, 28 May 1803
From: Madison, James
To: Livingston, Robert R.,Monroe, James

Gentlemen
Department of State, May 28th. 1803.
Since my last which was of April 18th the tenor of our information from France and Great Britain renders a war between those powers in the highest degree probable. It may be inferred at the same time from the information given by Mr. Livingston and Mr. King that the importance of the United States is rising fast in the estimation both of the French and British cabinets and that Louisiana is as much a subject of solicitude with the latter as it has been an object of acquisition with the former. The crisis presented by this jealous and hostile attitude of those rival powers has doubtless been seen in its bearings on the arrangements contemplated in your commission and instructions and it is hoped (tho we have not yet heard) that the arrival of Mr. Monroe will have taken place in time to give full advantage to the means of turning the actual state of things to the just benefit of the United States.
The solicitude of England with respect to Louisiana is sufficiently evinced by her controuling the French expedition from Holland to that country. But her views have been particularly unfolded to Mr. King by Mr. Addington who frankly told him that in case a war should happen it would perhaps be one of their first steps to occupy New Orleans adding that it would not be to keep it for that England would not accept the country were all agreed to give it to her but to prevent another power from obtaining it which in his opinion would be best effected by its belonging to the United States and concluding with assurances that nothing should be done injurious to their interests; if the councils of France should be guided by half the wisdom which is here displayed on the part of her rival your negotiations will be made very easy and the result of them very satisfactory.
Although the immediate object of Great Britain in occupying New Orleans be that of excluding France and although her prudence may renounce the fallacious advantage of retaining it for herself it is not to be presumed that she will yield it to the United States without endeavoring to make it the ground of some arrangement that will directly or indirectly draw them into her war or of some important concessions in favor of her commerce at the expence of our own. This consideration necessarily connects itself with the explanation and friendly assurances of Mr. Addington and so far leaves in force the inducement to accomplish our object by an immediate bargain with France.
In forming this bargain however the prospect held out by the British minister with the nature of the crisis itself authorizes us to expect better terms than your original instructions allow.
The president thinks it will be ineligible under such circumstances that any convention whatever on the subject should be entered into that will not secure to the United States the jurisdiction of a reasonable district on some convenient part of the banks of the Mississippi.
He is made the more anxious also by the manner in which the British government has opened itself to our minister as well as by other considerations that as little concession as possible should be made in the terms with France on points disagreeable to Great Britain and particularly that the acknowledgement of the right of France as holding one shore of the Mississippi to shut it against British vessels should be avoided if not essential to the attainment of the great objects we have in view on terms otherwise highly expedient. It is desirable that such an acknowledgement should not even be admitted into the discussion.

The guaranty of the country beyond the Mississippi is another condition which it will be well to avoid if possible not only for the reasons you already possess but because it seems not improbable from the communications of Mr. King that Great Britain is meditating plans for the emancipation and independence of the whole of the American continent south of the United States and consequently that such a guaranty would not only be disagreeable to her but embarrassing to the United States. Should war indeed precede your conventional arrangements with France the guaranty if admitted at all must necessarily be suspended and limited in such a manner as to be applicable only to the state of things as it may be fixt by a peace.
The proposed occupancy of New Orleans by Great Britain suggests a further precaution. Should possession be taken by her and the preliminary sum of 2 millions or any part of it be paid to France risks and disputes might ensue which make it adviseable to postpone the payment till possession shall be given to the United States or if this can not be done to obtain every possible security against eventual loss.
As the question may arise how far in a state of war one of the parties can of right convey territory to a neutral power and thereby deprive its enemy of the chance of conquest incident to war especially when the conquest may have been actually projected it is thought proper to observe to you 1st that in the present case the project of peaceable acquisition by the United States originated prior to the war consequently before a project of conquest could have existed. 2dy that the right of a neutral to procure for itself by a bona fide transaction property of any sort from a belligerent power ought not to be frustrated by the chance that a rightful conquest thereof might thereby be precluded. A contrary doctrine would sacrifice the just interests of peace to the unreasonable pretensions of war and the positive rights of one nation to the possible rights of another. A restraint on the alienation of territory from a nation at war to a nation at peace is imposed only in cases where the proceeding might have a collusive reference to the existence of the war and might be calculated to save the property from danger by placing it in secret trust to be reconveyed on the return of peace. No objection of this sort can be made to the acquisitions we have in view. The measures taken on this subject were taken before the existence or the appearance of war and they will be pursued as they were planned with the bona fide purpose of vesting the acquisition forever in the United States.
With these observations you will be left to do the best you can under all circumstances for the interest of your country keeping in mind that the rights we assert are clear that the objects we pursue are just and that you will be warranted in providing for both by taking every fair advantage of emergencies.
For the course of information relating to the deposit at New Orleans I refer you to my letter of the 25 inst, to Mr. Livingston. I have the honor to be with great respect Gentlemen your most Obt Sert.
James Madison

   RC (DLC: Rives Collection, Madison Papers); RC, two copies, and partial Tr (NHi: Livingston Papers); letterbook copy (DNA: RG 59, IM, vol. 6). First RC marked “(Triplicate)”; in a clerk’s hand, signed by JM; docketed by Monroe. Italicized words are those encoded by a State Department clerk and decoded here by the editors (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:304–5 n.). Third RC, marked “(Quadruplicate),” is a letterpress copy of first RC. Partial Tr decoded in Livingston’s hand.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:527–32, 533.

   For King’s report on this conversation, see his letter to JM, 2 Apr. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:474–75).

   For King’s assertion on this point, see his letter to JM, 2 Apr. 1803 (ibid., 4:474–75).

   Miscoded as “tur” in first RC; letterbook copy has “should.”

   Tr decoded to this point.


Title: From James Madison to Albert Gallatin, 28 May 1803 (Abstract)
From: Madison, James
To: Gallatin, Albert

28 May 1803, Department of State. Requests that a warrant for $600 be issued “on the appropriation for the contingent expences of the Department of State … in favor of Christopher S. Thom he to be charged and held accountable for the same.”

   Letterbook copy (DNA: RG 59, DL, vol. 14). 1 p. JM requested that Gallatin issue additional warrants, in amounts ranging from $190 to $43,000, for expenses incurred for Barbary affairs and State Department contingencies. The requests omitted from this volume—available on National Archives microfilm M40—are dated 22 and 24 June, 11, 15, 19, and 22 July, 1 Aug., 27 Sept., and 24 Oct. 1803.


Title: To James Madison from John M. Forbes, 28 May 1803 (Abstract)
From: Forbes, John M.
To: Madison, James

28 May 1803, Hamburg. Encloses George III’s “declaration of the Causes of War,” given to him “yesterday by the British Chargé d’Affaires here.” Believes “Hanover will be [the] first object of hostility on the part of France.” Hamburg’s inhabitants “are much alarmed and with great reason,” as it is rumored that Prussia “will take no part whatever, even in renewing the line of demarcation which protected the neutrality of this quarter during a part of the late War.” The Russian emperor “has been more decided in his declarations in favor of the inviolability of Germany, but, as yet, has taken no measures for our defence.” It is rumored that the French have entered Hanover as far as Osnabrück. Fears they will occupy Hamburg before the Russians can intervene. “On the other hand it is Confidently asserted … that a high toned remonstrance has been made” to France by Russia and Prussia for the neutrality of the Elbe and Weser Rivers and that France has agreed that “the Shores of the said Rivers are to remain inviolate” in exchange for French occupation of the electorate of Hanover. Hamburg’s freedom to trade is of the greatest importance to Prussia and especially to Silesia, “whose immense manufactories would be ruined by the shutting up of our navigation.” “Time only can fix a result now floating in uncertainty and Conjecture.” With Europe “threatened with the Calamities of a long and violent War—an American, who feels as he ought to do, cannot suitably express his Consolation that our Country has not only avoided a participation in these evils, but has acquired the possession of a territory of incalculable Commercial importance to us.” Believes this is owing to “that wise system of policy which has directed our Executive Councils.” Is going to England for two or three weeks on commercial business and has entrusted his consular duties to William Hodgskinson Morewood, a “respectable merchant here, who in every point merits this confidence.” Hopes JM will not disapprove of the arrangement, but “the unexpected Change of general Circumstances” that influenced his departure did not allow him time to obtain JM’s permission.

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

   Enclosure not found, but the king’s message of 16 May 1803 is printed in the National Intelligencer, 6 July 1803.

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


Title: To James Madison from William Kirkpatrick, 28 May 1803 (Abstract)
From: Kirkpatrick, William
To: Madison, James

28 May 1803, Málaga. Encloses a duplicate copy of his letter of 28 Apr. and copies of O’Brien’s letters of 19, 22, 24, and 29 Apr. Did not forward them sooner as no ships have left Málaga for the U.S.; is finally obliged to send them through Cádiz. Has had “no Information whatever” from Commodore Morris or any other commanders of U.S. frigates in the Mediterranean since Morris’s departure on 15 Apr.

   RC and enclosures (DNA: RG 59, CD, Málaga, vol. 1). RC 1 p. For enclosures, see nn.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:558.

   The four enclosed letters from O’Brien to Kirkpatrick (4 pp.; docketed by Wagner) deal primarily with the expulsion of British consul John Falcon from Algiers as well as Danish negotiations with the dey. O’Brien’s 19 Apr. 1803 letter is printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:393. For Falcon’s expulsion, see O’Brien to JM, 28 Apr. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:559).

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


Title: To James Madison from Vincent Gray, 29 May 1803 (Abstract)
From: Gray, Vincent
To: Madison, James

29 May 1803, Havana. Wrote on 25 May about Francisco Arango’s return from Saint-Domingue. Nothing official has since transpired regarding his mission there, but Gray has learned from a reliable source that Arango was partly successful and that a convention between France and Spain was signed, stipulating “that each party shall be at liberty to have at the seat of Governt: of the other, one Agent or Commissary at least, to be charged with the concerns of his Government, and of its Citizens or subjects, and whom shall, be Publicly acknowledged as such.” “Whether this Convention will be made Public before it passes under the review of His Catholic Majesty and the First Consul for their assent, is uncertain,” but Gray believes “a French Agent will in a short time, be publicly acknowledged here; by order of the court of Madrid.” Should this convention, however, not be made public after the supreme council of the island approves it, Gray will obtain a copy and forward it to JM so that the U.S. may demand from Spain its rights under article 19 of the Treaty of San Lorenzo of 20 Oct. 1795.

   RC (DNA: RG 59, CD, Havana, vol. 1). 3 pp.; docketed by Wagner as received 22 June.

   Article 19 of Pinckney’s treaty states that “Consuls shall be reciprocally established with the privileges and powers which those of the most favoured Nations enjoy in the Ports where their consuls reside, or are permitted to be” (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:334).

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


Title: To James Madison from Henry Dearborn, [30 May] 1803
From: Dearborn, Henry
To: Madison, James

Sir
[30 May 1803]
In a late communication from Col Hawkin⟨s⟩ I received copies of a corrispondence between him & the Govr. of Florida by which it appears that the Govr. had notified Col Hawkins of his having been informed that Bowls had crossed the line into the Territories of the United States, and requested the Col to make every exaction in his power for having him apprehended. I have written to Col Hawkins on the subject, and have urged the necessaty of having Bowls secured without delay. I suggested the propriety of having him taken up by some of the Creeks & delivered over to the Govr. of Florida, in preference to any other mode of securing him.

   RC (DNA: RG 59, ML). Undated; date assigned on the basis of Wagner’s docket. Docketed by Wagner: “Memorandum of the Secy. of War respecting Bowles.”

   For Yrujo’s identical request, see his letter to JM, 18 May 1803, and n. 1.


Title: From James Madison to James Monroe, 31 May 1803
From: Madison, James
To: Monroe, James

private
Dear Sir
Washington May 31. 1803
I have recd. your favor of the 9th. April, which gave us the first notice of your arrival in France. The moment of it, according to the posture of things between the two great rival powers as represented by our Ministers, must have been peculiarly critical. The information cited from King in my public letter marks the source from which the British cabinet begins to take counsel on subjects connected with this quarter of the globe. They could not perhaps do better for their own interest we must endeavor to turn their advances whether sencere or insidious to ours. This may be very easy. It may also require the nicest management. The proposed occupancy of New Orleans with the intimations concerning it, is calculated to decoy us into the war to throw difficulties into the negotiation with France by swelling our pretentions and to furnish a ground for comparison and censure in case the terms with France should give us little or cost us much. The first of these views contains an antidote for the last. The second may be used with effect in stimulating the yielding dispositions of France. It is to be recollected however that if alarmed too much she may be the more ready to meet the conditions of peace with England and that in case of an adjustment between them, without one between us and France we might be on the worst of ground. To avoid this danger from a reconciliation, and at the same time, to make the most of the disagreement between the partys will call for all that sound discretion in which we confide. It is important to us, that whatever turn the present posture of things between France & England may take a war cannot be distant. This consideration must have great weight with all partys and will no doubt be properly touched in your appeals to the prudence of the French ca[b]inet.
Should you go to Spain on the Floridas I hope you will give that government more suitable impressions than it seems yet to have taken. It must fear us more without being less our friend. You will find condescendencia and not good faith, the motive for restoring the deposit. This alone proves the necessity of a stronger tone with them. Should France hold a like language you will know how to answer it.
I shall forward your letter for Majr. Lewis by the mail of tomorrow. I have lately remitted him at his request 250 dollars; as at yours I had 80 to Mr Tazewell & 60 to Mr.— of Alexandria. The articles to be sent me by Mr. Coleman are on the way. I will soon forward you a list with the wt. of them &c. He wishes me to take the balance of your Claret, and I believe I shall have it sent hither, if he can not advantageously sell it there.
Present my friendly respects to Mr. Livingston. I meant to have written him a few lines by this conveyance, but the cypher in this has not left me time. Your Uncle was well a few days ago. So is my family. I hope this will find you & yours so, & disposed to accept our affecte. regards.
James Madison

   RC (DLC: Monroe Papers). Docketed by Monroe: “May 31. & June 25. 1803 From Mr. Madison—on ⟨plate &c?⟩ private—in cypher on public concerns.” Unless otherwise noted, italicized words are those encoded by JM and decoded here by the editors (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:352 n. 1).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:497–98.

   JM to Livingston and Monroe, 28 May 1803.

   This word was miscoded “efbem.”

   Underlined in RC.

   JM referred to William Herbert (see Monroe to JM, 7 Mar. 1803 [PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:395–97]).


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

June 1803, Le Havre. Informed JM in his last letter of 23 May that Hughes sailed in the Experiment for New York with the original of the treaty and dispatches from the U.S. ministers in Paris. This letter is carried by Jay, who bears a copy of the treaty. “The Entrance of this port is constantly watched by British ships of War.” Has heard of no American ship that has been “molested or prevented from entering.” Since 24 May only four American ships have arrived at Le Havre. Hopes to be confirmed in his appointment.

   RC (DNA: RG 59, CD, Havre, vol. 1). 2 pp.; postmarked New York, 19 Aug.; docketed by Brent.

   Hughes, who sailed in the brig Enterprize, arrived in New York on Wednesday, 15 July (New York Chronicle Express, 16 July 1803).

   Peter Augustus Jay (1776–1843), son of John Jay, arrived in New York with a copy of the treaty on 18 Aug. 1803 (John Jay, Memorials of Peter A. Jay [Arnheim, Holland, 1929], pp. 55, 210).

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


Title: From James Madison to Edward Thornton, 1 June 1803
From: Madison, James
To: Thornton, Edward

Sir,
Department of State June 1. 1803
The documents annexed explain, at the same time that they attest, a very gross violation of the laws and authority of the United States by the officer commanding the British frigate Boston in boarding by force a French merchant vessel lying within thir protection, and in otherwise ill-treating the master and crew. The frigate proceeded it seems to sea immediately after the transaction.
Whatever mitigating circumstances may have escaped the enquiry instituted by the government, it cannot be doubted that a high insult has been offered to the territorial jurisdiction of the United States, as well as to ⟨the?⟩ commerce of a friendly nation, whose public Minister has made it the ground of a just representation.
The President persuades himself Sir, that you will lose no time in transmitting this case to your government; and he equally persuades himself, that its friendly disposit⟨ion⟩ will concur with its justice, in producing so prompt and exemplary an animadversion on th⟨e⟩ misconduct calling for it, as will guard the harmony happily subsisting between the two countries aga⟨inst⟩ the tendency of repititions of such occurrences. I have the honour to be &c
(signed)   James Madison.

   Tr and Tr of enclosures (PRO: Foreign Office, ser. 5, 38:187–92). For enclosures, seen. 1.

   The first enclosure is a 30 Apr. 1803 attestation (4 pp.) by Robert Ligget, a Norfolk pilot for the French ship Anne. He described the attempt by Captain Douglas of the Boston to impress a sailor from the Anne, which resulted in the sailor’s disappearance and putative drowning. His statement corresponds to those made by the captain and mate of the Anne (see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:534 n. 1, 540 n. 1). The second enclosure is a sworn statement by Edward Rudd, given 30 Apr. 1803 (5 pp.). Rudd was a Hampton pilot for the Boston who observed the events from on board the frigate; his statement is in substantial agreement with those mentioned above.

   For Pichon’s complaint, see his letters to JM of 18 and 19 Apr. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:533–34, 540).


Title: From James Madison to Carlos Martínez de Yrujo, 1 June 1803
From: Madison, James
To: Yrujo, Carlos Martínez de

Sir
Department of State June 1st. 1803.
I have had the honor to receive your letter of the 18th. ult. in which you represent, that American vessels have interfered in the fishery of seadogs and other amphibious animals, upon points occupied by Spanish subjects on the coast of South America; such interference having in many instances been supported by force: and you therefore signify by order of His Catholic Majesty, that he has determined to prevent for the future a repetition of the infractions in question.
The President of the United States, having been made acquainted with this representation, directs me to assure you, that the United States are not inclined to countenance in any manner acts of their citizens in contravention of the rights of His Catholic Majesty nor to screen them from the lawful consequences resulting from such conduct: but, at the same time that he manifests this respect to the territorial sovereignty of spain, he expects from the friendly relations of the two countries, that the rights of our citizens to navigate and use the seas, and to avail themselves of all the natural and common advantages incident to them, will be neither controverted nor interrupted.
I have also the honor to acknowledge the receipt of your letter of the 20th. Ult. respecting the return of Adventurer Bowles within the limits of the United States. Having communicated it to the Secretary of War, he informs me, that in consequence of previous advice of that occurrence from Colonel Hawkins he has urged upon him the necessity of having Bowles secured without delay and suggested the propriety of having him taken up by some of the creeks and delivered over to the Governor of Florida. With great respect &ca.
James Madison.

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

   Dearborn to JM, 30 May 1803.


Title: To James Madison from James Leander Cathcart, 1 June 1803 (Abstract)
From: Cathcart, James Leander
To: Madison, James

1 June 1803, Leghorn. No. 5. “Enclosed I … transmit my accompts & acot: curt: which closes my accompts as Consul for Tripoli,” as well as “a full exposition” of all expenditures “under the head of Tripoli since my administration commenced.” Hopes they meet with the government’s approbation. With the exception of “some diamond solitaires,” all the gifts for Algiers have arrived. Requests that at least $35,000 be sent to him from the State Department, of which $20,000 is to cover debts O’Brien has contracted with the Jews of Algiers on account of the U.S.; the remaining $15,000 “will hardly be sufficient to purchase the biennial present” due on 5 Sept., not including Cathcart’s “salary and other contingent expences.” Suggests that the “most advantageous manner to realize cash” would be for JM to order a Leghorn merchant house to advance money to the U.S. consuls in Barbary; they in turn could draw on U.S. bankers in London. Should JM desire it, Cathcart could procure “any sum” for a 1 percent commission. This would free Americans from borrowing from the Jews of Algiers, place all the Barbary accounts “into one point of view,” and save the U.S. “some thousands annually.” If he is continued as consul at Algiers, thinks the president should write the dey “by the store ship” that it should be held at Minorca until called for and that Cathcart and it should continue to Algiers together, where the dey would not be able to “resist so great a temptation.” Suggests that O’Brien’s “functions” should first “be suspended & his credit stop’d with the Jews who on his being no longer able to promote their interest would cease to espouse his cause.” Requests “letters patent,” should he be chosen to negotiate with Tripoli, so that he “may not again be exposed to the trifling ignorance & arrogance of men entirely unacquainted with the business entrusted to their guidance.”

   RC and enclosures (DNA: RG 59, CD, Tripoli, vol. 2). RC 2 pp. Enclosures are Cathcart’s “Exposition” of his consular administration (1797–1802) (1 p.), his “accompt current” with the U.S. (1 p.), his accounts with William Eaton on behalf of the U.S. (1 p.), his account of expenditures at Leghorn (1 p.), and his account of disbursements while at Tripoli (2 pp.).

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


Title: To James Madison from John Henry Purviance, 1 June 1803 (Abstract)
From: Purviance, John Henry
To: Madison, James

1 June 1803, Baltimore. Solicits a position in the State Department. “It would be gratifying to me to be employed as immediately under the direction of the chief clerk of the department as circumstances might permit.” Hopes that JM’s recollection of his “former connexion with Col. Monroe” will “not prove unfriendly” to his “present application.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Purviance”). 2 pp.

   Purviance had served as Monroe’s private secretary in France, 1795–96 (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 15:404 n. 4). For Monroe’s recommendation of Purviance, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:396.


Title: To James Madison from Daniel Clark, 2 June 1803
From: Clark, Daniel
To: Madison, James

Sir
New Orleans 2 June 1803
On the restoration of the deposit I made a second application to the Intendant respecting the navigation of the Mobille River without success, and then encouraged an Individual who had considerable dealings there to petition for leave to bring away Produce to the amount of his debts, well knowing that a departure from the rule established in one case, would be speedily followed by others until a general relaxation took place, but was disappointed in the hopes I had conceived of procuring a modification of the order. Not discouraged by these repeated denials, I set on foot, a petition from the merchants of this Place generally, praying that the Trade might be put on its former footing, and I have the pleasure to inform you that their request being taken into Consideration in a Junta de Hacienda, or Assembly of the Officers of the Revenue, has been granted as far as respects the Exportation of the Crop of last Year, to the great relief of the suffering People and will in a day or two be made public. I have just heard from Governor Claiborne in answer to the Letter I wrote him on the subject, in which he disapproves of any Official applications except by immediate instructions from our Government, and am therefore glad this measure has taken place without any interference on the part of the Magistrates of that Country. I have the Honor to remain with respect Sir Your most obedient & most humble Servant
Daniel Clark

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


Title: From James Madison to John Norris, 2 June 1803 (Abstract)
From: Madison, James
To: Norris, John

2 June 1803, Department of State. Acknowledges Norris’s letter of 12 May “respecting the receipt by Mr. Moses Young of the amount of an award paid by the spanish Government to your use as assignee of Captn. Ingersoll, in whose favor it was made by the late board of Commissioners under the spanish treaty.” On receiving from Norris “the assignment from Captn. Ingersoll,” JM will pay Norris $602.57. “The reasons for disallowing the claim of interest are 1st. because you suffered the money to lie in Mr. Youngs hands for want of an application for payment until the latter end of last year; the government has no need of such accommodations with money, having generally, a sufficient sum of money, in proper places, to pay the current demands upon it, and 3rd. the money was not in fact applied to public use, according to Mr. Young’s letter, until last year, and at the same time there were sufficient funds lying at Amsterdam for the payment of his consular charges.”

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

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:599.


Title: To James Madison from Peder Blicherolsen, 2 June 1803 (Abstract)
From: Blicherolsen, Peder
To: Madison, James

2 June 1803, Washington. Requests exequaturs for [T. F.] Eckard, Green, and [George] Hammeken as Danish vice-consuls for Pennsylvania, Massachusetts, and New York, respectively.

   RC (DNA: RG 59, NFL, Denmark, vol. 1). 1 p.; docketed by Wagner as received “s[ame]. d[ate].”


Title: To James Madison from Robert R. Livingston, 3 June 1803
From: Livingston, Robert R.
To: Madison, James

No 78
Sir
Paris 3d June 1803
Mr Monroe having undertaken to write our joint letter I Shall confine this to objects that do not relate to the treaty. I would only observe to you that we have since the ratification had a great deal of trouble with it an opinion prevailing that we have made too favorable a bargain.
My letter to the President & our joint letter will So fully explain this extraordinary business as to make any further observation unnecessary. I must however earnestly press you if you think the object important to get the ratification as soon as possible and to do all that on our part remains to be done.
During this transaction I have thought it improper to press any other business that might excite the Smallest irritation. I am Sorry that you do not think with me that the affair of Rodgers & Davidson having been begun in America with Mr Pichon Shd be pursued there. I will therefore as you require take up the Subject again here tho’ with little hopes of Success, as Le Clerc is now dead his memory respected & his widow here. The other business of the blacks will meet with no difficulty & Shall be attended to. I have just now received a duplicate containing Mr Powel’s claim I Shall put it into Mr Skipwith’s hands to examine but it can hardly be expected be it never So well founded that it Should be pursued by me without the aid of Some agent of Mr Powell to prosecute it & bring forward the vouchers &c. You can hardly conceive how much the business of claims distresses your Ministers. I never see the Minister of the Marine treasury or foreign affairs but I have Some claim to prefer, Some individual favour to ask So that they must view me as a perpetual dun. It is time that our citizens Should understand that in future they must bargain upon their own foundation & at their own risk & that the Government have nothing to do except to prevent acts of violence. They calculate upon bad faith delays of payment &c and on this ground Sell at a double & treble prices, & then expect that the Minister of the United States Should harass himself & the Government with their claims; & exhaust the interest, time & talents that the great affairs of our country may demand on their petty transactions. The past claims Secured by the Convention being now in the way of adjustment, & a war commenced, New debts will be contracted, & new Sacrifices expected from the Minister & from our own Government. I would Suggest to you whether Some means might not be fallen upon to have it known that on contracts made in future unaccompanied with force the Government would not interfere but leave the parties to the remedies they relied on the faith of those with whom they contracted.
Enclosed is the circular letter of the Minister accompanying his State papers which I Send you together with my answer. This nation tho’ extreamly averse to war are very much united in the prosecution of it by the violent measures of England—their pride is hurt, & they will go great lenght. They are probably by this time in possession of Hanover & they reconcile themselves to the loss of their Colonies by the hopes of recovering the whole with interest by the end of a war which they will make with very little additional expence while the expences of England must be ruinous. They had an idea of precluding the British from Hamburgh &c but I believe the interference of Russia has induced them to relinquish it. Holland is Solliciting a neutrality which England is willing to allow provided the french troops are withdrawn & her ports left open for the British trade but this Sollicitation will be vain. How happy, my dear Sir, are we to have concluded a treaty which will for ever preclude us from the politicks of this Stormy quarter of the globe. I trust that you will not let it totally pass thro your hands—my letter to the President will fully explain this. Some commercial arrangements might be advantageously proposed here in the present State of things, had I your instructions there on & the necessary powers. This too is the moment to arrange the affair of extra-duty with Batavia & it might I believe be done here advantageously.
Genl Bernadotte after waiting five weeks at Rochefort has returned here, & I think it probable will not go out now as his Services may be required at home. Who will be appointed in his place I know not. Otto is Still without Office but does not wish to be Sent across the Atlantic. The papers & pamphlets I send you will give you a full history of the negotiation between France & England So that I will not enter on that Subject & the rather as you will receive from the latter the best Story they can make. I am Dear Sir With much respect & esteem Your most Obt hum: Servt
Robt R Livingston

   RC and enclosure (DNA: RG 59, DD, France, vol. 8A); duplicate and draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1). RC in a clerk’s hand, signed by Livingston. Italicized words are those encoded by Livingston’s secretary and decoded here by the editors (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:304–5 n.). RC docketed as received 22 Aug. with Wagner’s notation: “Mr. Talleyrand’s letter referred to within was not received with this”; decoded interlinearly by Wagner. Duplicate docketed by Wagner as received 30 Aug. For enclosure, see n. 5.

   In his letter to Jefferson, 2 June 1803, Livingston reiterated his warning that there must be no delay in the ratification of the treaty and no change in the treaty’s form, for Napoleon would find “the slightest pretence … to undo the work” (DLC: Jefferson Papers).

   See JM to Livingston, 23 Feb. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:343–44).

   For JM’s protest against the forcible carriage of Guadeloupe blacks on U.S. ships, see his letter to Livingston, 7 Feb. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:304, 304–5 nn.). Livingston made a formal protest in a letter to Talleyrand, 13 June 1803 (NHi: Livingston Papers).

   For Leven Powell’s claim, see JM to Livingston, 12 Apr. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:504).

   Livingston enclosed a copy of Talleyrand’s letter of 11 Prairial an XI (31 May 1803) (3 pp.; in French), announcing the renewal of war between France and Great Britain, and his own reply, 2 June 1803 (1 p.), in which he deplored the circumstances that had led to such an outcome.

   See JM to Livingston, 15 Oct. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:24–25, 26 n. 7).


Title: To James Madison from James Monroe, 3 June 1803
From: Monroe, James
To: Madison, James

Dear Sir
Paris June 3. 1803
It is highly important that the Congress be immediately called and the treaty & conventions we have formed be carried into immediate effect, in all their stipulations. If the measure we have adopted is approved, no delay shod. occur, in performing what we are to perform, since a failure in any one point in the time specified may defeat & I think will defeat the whole. We shall be more full on this head in our letter by Mr. Jay, who bears thro’ Engld. the ratification. I write this in haste for Bordeaux where I hope it will find Mr. Derieux. I hope the President will convene the Congress to create the funds, since I repeat again a failure to comply strictly within the terms limited is all important. I am very sincerely yr. friend & servt
Jas. Monroe

   RC (DNA: RG 59, DD, France, vol. 8A).


Title: To James Madison from James Simpson, 3 June 1803 (Abstract)
From: Simpson, James
To: Madison, James

3 June 1803, Tangier. No. 57. The brig Mary of Salem, William Webb, master, owned by John Derby, has been requisitioned for the emperor’s service at Mogador to convey masts and naval stores to Salé. “Every possible opposition was made on the part of Mr Gwyn & Mr Brown the Supercargo, but to no effect.” Brown demanded $1,000 for the service; the governor of Mogador “promised to pay whatever should be considered reasonable by the Commerce of that place.” Doubts even that will be forthcoming, “for in this Country such services are commonly looked for at the hand of the Nation the Vessel belongs to.” Orders have been given for the two ships at Rabat, the one at Larache, and the two galleys at Tetuán to be made “ready for Sea, with all possible expedition.”

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

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


Title: To James Madison from Lafayette, 4 June 1803
From: Lafayette, Marie-Joseph-Paul-Yves-Roch-Gilbert du Motier, marquis de
To: Madison, James

My dear Madisson
Auteuil Near Paris15th floreal June the 4th 1803
Altho I Have Not for Many Years Heard from You, I Hope that if You Have Received a Long Letter of Mine writen a few months Ago, I may Before Long Expect Your wished for Answer. Let me Here Repeat My joyful and patriotic Congratulations for the Accession of Louisiana, and the future one of the floridas to the United States—indeed I am Also to Rejoice as a french man; the Entanglemen of this Country in the Louisiana affair, could not But Have produced improprieties and Mi[s]chief, While now the Great Concerns of General Liberty, American welfare, and Consolidation of Mutual and Useful friendship Betwen the two Nations Have Been perfectly Set to Rights.
You know By this time of the impending, and shall Before long Hear of the declared War Betwen france and Great Britain. I am not, as You May Have Heard, a flatterer to Our Governement. But it is Mere justice to Observe that in these Late transactions, Bonaparte Has Been More Earnest in His Endeavours to preserve peace than the British Cabinet who Amidst their fluctuations Seem to Have Been principally Actuated By a jealousy of our Growing prosperity—for there was in the old Regime Such a Heap of Absurdities, the first principles of the Revolution were So wholesome that Notwithstanding all what Has past, there are already Some improvements in the Situation of the People and Much Greater Ones are to Be Expected. Two Evils Can Retard them—External war—and a draw Back Home fashion for old Maxims—But Both are transitory. Mr. Livingston and Mr. Munroe Acquaint You with the political and Military transactions of Europe. I shall therefore Confine myself to private Subjects.
With a deep Sense of Gratitude I Have Received the intelligence of the Gift Not Less Honourable than Useful Which Congress Have Been pleased to Grant to me. The Confidential particulars I imparted in a former letter will Have Convinced You How Seasonable Has Been that Bounty of the United States, and How obliged I am to the Good intentions of Several States in My Behalf. I am Sensible of the influence which My friends, and particularly Mr. Jefferson and You Have Had in that transaction, and With Grateful Satisfaction I Have Heard that the president Has Been pleased to take Charge Himself of the Allottement of the Continental Lands. A Letter from Him to doctor Bollman, Setting their value So High as Betwen four and five dollars an Acre Has Been By the doctor forwarded to me. But I Have not Yet Received the Letter Mr. Munroe Has told me He was About writing.
You was a friend to Chastelux. His Widow, the Mother of a very promising youth, Has Given me the inclosed Note, and Hopes Some thing May Be Recovered or obtained in the State of Maryland. Give Us Your Opinion About it. Your Good Will in the affair I know she may depend upon.
The fracture in My thigh is perfectly Mended. But the New Machine Employed to Set it Right Has left me wounds which still require the Skill of able Surgeons. I am at a village Near paris where my daughter in law Has lately Given me a little Grand daughter. My younger daughter, Virginia, is lately married. All our children live with us at la Grange where I shall Return in a few weeks. My Son Has left the Regiment of Huzzards, to Become aide de Camp to Gal Canclaux inspector of Cavalry in the interier divisions. I Beg You to present My Respects to Mrs. Madisson, My Most affectionate Regard, thanks, and Congratulations to Mr. jefferson. Remember me to mr. dawson and all other friends, and Believe me With all My Heart Your Grateful Constant friend
Lafayette
This letter is Carried By Mr. de mery a french Citizen, st domingo planter, who is Going to the West indias By Way of philadelphia and Has Been Recommended to me By Some of His Near Relations.

   RC (MeHi). Docketed by JM “June 4. 1803”; docketed by Wagner as received 27 Aug.

   Lafayette probably meant to write 15 Prairial (4 June) rather than 15 Floréal (5 May).

   On 1 Dec. 1802 Lafayette wrote JM a long letter dealing principally with his financial situation. A short letter, dated 31 Mar. 1803, introduced Bernadotte to JM and expressed a wish that the Louisiana affair might be resolved with advantage to all parties (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:166–69, 468).

   For Congress’s grant of land to Lafayette, see Madison and Lafayette’s Louisiana Lands, 26 Oct. 1809 (PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (4 vols. to date; Charlottesville, Va., 1984–)., 2:35–36).

   Jefferson to Justus Erich Bollman, 4 Mar. 1803 (DLC: Jefferson Papers). Bollman (1769–1821) was a German physician who emigrated to the U.S. in 1796 after an unsuccessful attempt to rescue Lafayette from prison (Kline, Papers of BurrMary-Jo Kline, ed., Political Correspondence and Public Papers of Aaron Burr (2 vols.; Princeton, N.J., 1983)., 2:870–71).

   Letter not found, but Lafayette enclosed a letter on this subject from Plunkett Chastellux to Jefferson, 5 June 1803, in his letter to Jefferson of 4 June 1803 (DLC: Jefferson Papers). François Jean, marquis de Chastellux (1734–88), was an officer in the 1780 French expedition to America and the author of Travels in North-America in the Years 1780–1781–1782 (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 2:226 n. 7).

   After an army career under the ancien régime in which he attained the rank of maréchal de camp, Jean-Baptiste-Camille, comte Canclaux (1740–1817), held many commands in the French revolutionary armies and became a senator in 1804 (Tulard, Dictionnaire Napoléon, pp. 365–66).


Title: To James Madison from John Francis Mercer, 4 June 1803
From: Mercer, John Francis
To: Madison, James

Sir.
Council Chamber Annapolis June 4. 1803
I have just received a Letter from Mr. Samuel Chase, who informs me that he had that moment one from Mr. Pinkney dated the 10. of April, covering a Copy of the Lord Chancellor’s order of the first of April dismissing the Bill of the Assignees of the State of Maryland, on which occasion the Chancellor stated as the Ground of dismissal that the King was intitled to the Stock as bona vacantia in right of his Crown adding that there was no such body as the old Government of Maryland. Mr. Chase by mistake does not inclose the Copy of the order and it does not appear from his letter that the Accountant is yet directed to transfer any of the Funds.
Mr. Chase adds that Mr. Clapham the Agent of the Assignees of the State has received a Letter from his father which mentions that the Hanburys would shortly receive their Money, and that the balance would be paid to the Agent of the State of Maryland.

In this critical situation we wait with anxious expectation for farther intelligence which cannot fail of being decisive, if Sir you have any information from Mr. King on the subject, or should shortly receive such, the communication cannot fail of being highly interesting to this Executive. I have the honor &c.
John. F. Mercer

   Letterbook copy (MdAA: Executive Letter Book).

   Vacantia bona: “In the civil law, goods without an owner, or in which no one claims a property” (Black’s Law Dictionary [6th ed.], p. 1548).

   See Rufus King to JM, 1 May 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:566–67).


Title: To James Madison from Thomas Appleton, 4 June 1803 (Abstract)
From: Appleton, Thomas
To: Madison, James

4 June 1803, Leghorn. Encloses a duplicate of his letter of 29 May. Reports movement of a division of the French army toward Naples. “A considerable re: inforcement is hourly expected in this city, which is now declared by the Commanding General in a State of Siege; as I presume … every port in Italy.” A “few fortunate adventurers” from the U.S. arrived after the declaration of war and will sell their cargoes for at least twice the original cost. Encloses a letter for his brother-in-law, Samuel Emery of Philadelphia, since the captain who carries this will not carry private letters.

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

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


Title: To James Madison from Stephen Kingston, 5 June 1803 (Abstract)
From: Kingston, Stephen
To: Madison, James

5 June 1803. “I beg leave to transmit you the inclosed (original) letter from Mr. Sarratea dated Madrid 25 feby. last, for the purpose of being noticed in the Instructions of State to the Minister of the United States there, and to entreat such attention to the subject of those agressions as may obtain from the government of Spain, fair, reasonable, and speedy compensation, without which our Bankruptcies must ensue.”

   Tr (DNA: RG 76, Spain, Treaty of 1819, Misc. Records, ca. 1801–24). 1 p. Kingston made this copy for inclusion in his letter to John Quincy Adams, 24 June 1822.

   For Kingston’s claim against Spain, see his letter to JM of 12 Feb. 1803, calendared in PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:319.


Title: To James Madison from James S. Morsell, 5 June 1803 (Abstract)
From: Morsell, James S.
To: Madison, James

5 June 1803, Georgetown. Declines appointment as a commissioner of bankruptcy: “my professional duties will occupy so great a portion of my time as to render an attention to the execution of the trusts under that Commission impractacable.”

   RC (DNA: RG 59, LRD). 1 p.; docketed by Jefferson.

   James S. Morsell (1775–1870) was a Georgetown lawyer. JM appointed him to the circuit court of the District of Columbia in 1815, and he held that post until 1863 (Bryan, History of the National Capital, 2:438; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 2:601, 602).


Title: To James Madison from François de Navoni, 5 June 1803 (Abstract)
From: Navoni, François de
To: Madison, James

5 June 1803, Cagliari. In his letters of 30 Sept. and 4 Dec. last [not found], sent by way of Marseilles, informed JM of all he thought necessary for U.S. commerce here. Recommends himself to JM’s protection and justice for the work he has done for the U.S. in serving American ships in this road. Hopes to receive soon a commission from the U.S. Has a correspondence with all the Mediterranean consuls. Prays JM will accord a favorable response to his petition.

   RC (DNA: RG 59, CD, Cagliari). 2 pp.; in French.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 3:605.

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


Title: From James Madison to Peder Blicherolsen, 6 June 1803
From: Madison, James
To: Blicherolsen, Peder

Sir
Department of State June 6th. 1803.
I have laid before the President your note of the 4th. inst. signifying your intention to make a visit to your country which your sovereign has permitted, and that Mr. Pederson whose arrival is daily expected will be presented as Chargé d Affaires during your absence. The President has thought proper to make it an occasion as well for assuring his Danish Majesty of the dispositions of the United States so perfectly corresponding with those conveyed in the letter of which you were the bearer, as to express the esteem which your public and personal qualities have inspired. The letter to this effect is herewith committed to your charge. I feel much pleasure sir in being authorized to repeat to you all the sentiments which it contains; and in assuring myself that the candor and cordiallity which I have constantly witnessed in your character and in your functions will give to your interpretations to your Government, a just tendency to strengthen the friendly ties between two nations which have every motive to cultivate a perfect harmony, and to render their intercourse more and more liberal and useful.
I have only to add Sir that Mr. Pederson will be duly received in the characters assigned to him, and my request that you will be pleased to accept my best wishes of every kind with assurances of the great consideration and esteem with which I have the honor to remain Sir Your Mo. ob. & hble. Servt.
James Madison

   Letterbook copy (DNA: RG 59, DL, vol. 14). Enclosure not found.

   Blicherolsen to JM, 3 June 1803.


Title: To James Madison from George W. Erving, 6 June 1803
From: Erving, George W.
To: Madison, James

No 19
Sir
American Consulate London June 6h 1803.
I have the honor to acknowledge the receipt of your letter of April 19h. and in conformity to the direction therein given shall pay into the hands of Baring & Co the ballance of monies deducted or to be deducted on account of the advances of the United States in Prize Causes, from what may be received in the awards of the commissioners: After the 15 July I shall be able to ascertain the amount of this ballance, of which I will give notice to the Secretary of the Treasury. I have also received your circular instructions of April 9th, an extract from a supplementary act respecting the duties of Consuls ⟨&⟩ Vice Consuls: May I beg leave to request that you woud give me your further instructions as to who is or is not to be considered as usually resident in a foreign Country & entitled to the benefit of ships registers, under the second section of the Law concerning the registring of Vessels, & which I presume is to apply to the transfer of our vessels in foreign ports; this is a point on which it appears that the Law is not sufficiently Explicit & on which the new consular act gives no Explanation. The impressment of our sailors has recommenced in this country, & is carried on in the same manner & to the same extent as during the late war; I have occasion to make daily applications to the admiralty for their release, & as heretofore such as have regular custom house protections the descriptions contained in them agreeing with the persons, & they not having married in this Country, or voluntarily entered, are generally in this port discharged upon such applications; there have been however many Exceptions to these rules even here, & in the outports the British Officers have some of them resorted to great irregularities for the purpose of detaining our men: I have thought it my duty therefore to address a letter upon this subject to the Lords of the admiralty, hoping that some regulations more liberal than those now subsisting might be obtained, founded upon the Exact mode of certifying the crews of our ships under the new Laws: A copy of that letter I have Herewith the honor to inclose.
Mr James Holmes of Belfast has applied to me for the settlement of his account of disbursements; this gentleman is not in the list of Consuls delivered to me by Major Lenox, there may possibly be others whose appointment I am not informed of; I beg leave therefore to request that you will instruct me as to the Consuls & Vice Consuls whose accounts I am authorized to settle. I have the honor to be with the most perfect respect Sir Your very obt st
George W. Erving

By this conveyance I send two packages & a single letter from Mr Livingston & one package from Govr. Monroe.
GWE

   RC and enclosure (DNA: RG 59, CD, London, vol. 8). RC docketed by Wagner as received 2 Sept. with the notation: “To be answered.” For enclosure, see n. 3.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:539.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:491–93.

   Erving’s 4 June letter to Sir Evan Nepean (3 pp.) petitioned the Admiralty to take up the cases of William Braely, James Smith, and William Brown, American citizens impressed into the British navy “upon suspicions which their ‘personal appearance and other qualities’ tended to confirm.” Erving also complained of “irregularities” in “outports,” where American protections were ignored, confiscated, or destroyed, and requested a judgment on what documents would be considered proof of American citizenship by the Admiralty. He noted that a new U.S. law provided for a certified crew list and hoped that this document would be considered “sufficient proof as to the national Character of the individuals named in it.”

   James Holmes was appointed consul at Belfast in May 1796 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:209).