Title: To James Madison from William C. C. Claiborne, 19 August 1802 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

19 August 1802, Natchez. “In a former letter I stated to you the want of confidence on the part of many of the Citizens of this Territory in their Supreme Judiciary; the deficiency of legal talents in two of the Judges; and the propriety there was, in supplying the first vacancy with a character of good law information. It is now reported that Judge Tilton has resigned.… But there is another report which I believe more certain, ‘That this gentleman has gone to Europe on some Commercial business.’” Thinks it his duty to relay this report, since such conduct can be considered “an abandonment of office.” Tilton left Natchez in January or February “and has been attending to his private business, at Orleans until his late departure from that Port.” Recommends David Ker of the Mississippi Territory, “an able lawyer & an amiable man,” to replace Tilton. States that Steele’s commission as territorial secretary expired 7 May 1802, “since which he has not considered himself bound to transact any public business”; requests that an appointment “be speedily made.”

   Letterbook copy (Ms-Ar: Claiborne Executive Journal). 3 pp. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:161–62.

   See Claiborne to JM, 8 Jan. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:377–78 and n. 1).

   David Ker (d. 1805), a graduate of Trinity College, Dublin, who helped found the University of North Carolina, moved to the Mississippi Territory in 1800. He offered his services to Jefferson in October 1801, conscious of “the opportunity which a public station affords of spreading information & cultivating the love of Republican governments.” Jefferson appointed him a territorial judge on 11 Jan. 1803 (Ker to Jefferson, 3 Oct. 1801, and Ker to David Stone, 3 Oct. 1801, Carter, Territorial Papers, Mississippi, 5:129–30, 130–31; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:433, 437).


Title: To James Madison from John Gavino, 19 August 1802 (Abstract)
From: Gavino, John
To: Madison, James

19 August 1802, Gibraltar. No. 96. Encloses Simpson’s dispatches reporting the settlement of difficulties between U.S. and Morocco; the emperor has withdrawn orders for cruisers to attack American ships. “Comodor Morris in the Chesapeake & the Schooner Enterprize Saild yesterday for Leghorn with about 11 Sail of our Vessels, & near as many Swedes, he is also to take up those that are detaind on the Coast of Spain.” Five Tripolitan cruisers are still out. The Adams is “Cruising behind the Rock”; the Boston is “coming down” with several American and Swedish ships in convoy. The Portuguese squadron, consisting of two seventy-four-gun ships, four frigates, and three brigs, is reportedly going to cruise off the coast of Algiers. Encloses list of arrivals at Gibraltar during last six months [not found].

   RC (DNA: RG 59, CD, Gibraltar, vol. 2). 2 pp. Printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:241–42. Enclosures probably included Simpson’s dispatches to JM of 3 and 12 Aug. 1802.

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


Title: From James Madison to Thomas Jefferson, 20 August 1802
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Aug. 20. 1802
The inclosed letters will shew the object of the Bearer Mr. Baker. From his conversation, I find that, placing Bourdeaux & Gibralter out of view, he wishes to be appd. as Consul, to Minorca, where he says a Consul will be admitted, now that it is again under the Spanish Government, and where he observes a consul may be of use to the U. States, particularly during our bicker⟨in⟩gs with the Barbary powers. I find from his conversation also that he is a native of Minorca, whilst under British Govt. but that he has been in the U. States about six years & is an American Citizen. Nothing has passed between us that can influence his expectations or calculations, of the result of his pursuit. Always with affectionate respect, Yrs.
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 21 Aug. For enclosures, see n. 1.

   See Edward Livingston to JM, 31 July 1802, and n. 1, Aaron Burr to JM, 2 Aug. 1802, and Frederick Weissenfels to JM, 2 Aug. 1802.

   Jefferson appointed Baker U.S. consul for the islands of Minorca, Majorca, and Iviza in February 1803 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:441).


Title: To James Madison from John M. Forbes, 20 August 1802 (Abstract)
From: Forbes, John M.
To: Madison, James

20 August 1802, Hamburg. “I have at length the satisfaction to announce to you my arrival here and recognition by the Government of this City as Consul of the United States of America. Having announced my establishment here to a very extensive Circle of mercantile friends, I prefer encountering all the severities of this Climate to incurring the inconveniences which would attend a Change of residence. I beg leave, therefore, to relinquish the application I made from London for the Agency at Marseilles.”

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

   Forbes to JM, 6 July 1802.

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


Title: To James Madison from Wade Hampton and Fontaine Maury, 21 August 1802
From: Hampton, Wade,Maury, Fontaine
To: Madison, James

Dear Sir,
New York Augt. 21st. 1802
Some little time ago three French ships of War arrived at this Port from Guadaloupe via Carthagena where they touched with a view to sell, or otherwise dispose of a number of renegado negroes they have on board, but the Spanish Government not permitting them to be landed, they proceeded hither, and dispatched a vessel to Gel. Le Clerc for further instructions as to the mode of disposing of them, which they daily expect to receive. The number of these unfortunate half starved wretches already arrived, and momently expected in three other ships of War, amount to about 1500, and from the best information we can collect after having been at much pains to procure it, we have little doubt but they will attempt to disperse them clandestinely along the Southern coast, they have in many instances offered to sell them in this City, in open violation of the laws. 60 of them have been taken sick and thrown into the Marine Hospital, to which number, daily additions may well be expected. Altho’ this information may not in every respect be correct, yet we believe it nearly so, and from the extreme agitation which exists in the public mind, we have deemed it expedient to give it to you, with a view, that you make such use of it as you think proper to guard against a measure which if carried into effect may considerably endanger the peace and tranquillity of the Southern States. We are very respectfully Dear Sir, your Obt Sert.
(Signed)   W Hampton
Fontaine Maury

   Tr (NHi: Gallatin Papers). Marked “(Copy)”; docketed by Brent, “Copy of a letter from Mr Hampton & Fontaine Maury to the Secy. of State.”


Title: To James Madison from Josef Yznardy, 21 August 1802 (Abstract)
From: Yznardy, Josef
To: Madison, James

21 August 1802, Cadiz. “I have just this moment receiv’d from Mr. simpson of Tangiers the agreable news of War having terminated with the Moors to entire satisfaction, as you will be informed by the within Copy of the Circular & Letter received from him.… I have only time to advise you that said Simpson’s Dispatch for you Sir, has been delivered to Capn. Silas Crowell of the Schooner Happy Return & will follow in a few days for Philada.”

   RC and enclosures (DNA: RG 59, CD, Cadiz, vol. 1). RC 1 p.; in a clerk’s hand, signed by Yznardy; docketed by Brent. Enclosures (2 pp.) are copies of Simpson’s 12 Aug. 1802 circular announcing the establishment of peace and a 14 Aug. 1802 letter to Yznardy covering a dispatch for JM.

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


Title: From James Madison to William Eaton, 22 August 1802
From: Madison, James
To: Eaton, William

Sir,
Virginia, Augt. 22d 1802.
Not having your last letters by me I cannot refer to their dates, nor particularly to their contents. The most important part of them communicated the plan concerted with the brother of the Bashaw of Tripoli for making use of him against the latter, in favour of the U. States. Altho’ it does not accord with the general sentiments or views of the United States to intermeddle in the domestic contests of other countries, it cannot be unfair, in the prosecution of a just war, or the accomplishment of a reasonable peace, to turn to their advantage the enmity and pretensions of others against a common foe. How far success in the plan ought to be relied on, cannot be decided at this distance, and with so imperfect a knowledge of many circumstances. The event it is hoped will correspond with your zeal and with your calculations. Should the rival brother be disappointed in his object, it will be due to the honor of the U. States to treat his misfortune with the utmost tenderness and to restore him as nearly as may be to the situation from which he was drawn; unless some other proper arrangement should be more acceptable to him. This wish of the President will be conveyed to Commodore Morris, and Mr. Cathcart, with a suggestion that in the event of a peace with the ruling Bashaw, an attempt should be made to insert some provision favourable to his Brother.
Late letters from the Consul to Morocco, have brought us the disagreeable information that a rupture with the U. States has been declared by the Emperor. We learn at the same time by reports from Gibraltar that an encounter has unfortunately taken place between the Boston frigate and some of the Cruizers of the Bey of Tunis, which may endanger our good understanding with that power. The importance of providing peace for our Commerce in the Mediterranean makes it a painful reflection, that at the moment chosen for the experiment, occurrences should not only favour a continuance of the War already on hand, but threaten to multiply our enemies in that quarter. Every proper step will be taken to parry the evil on the side of Morocco; and the President expects the utmost that your prudence and exertions can contribute to heal the wound that may have been given to the pacific dispositions of Tunis. Not being yet acquainted with any of the circumstances of the encounter; nor being even certain that it has taken place explanations and apologies, as far as they may be proper must be left to your own discretion, aided by the Communications which may be received from Commodore Morris. Among the soothing considerations urged on the Bey, you will be able to appeal to the elegant presents lately furnished by the U. States as an unquestionable proof of their esteem, and their desire to cultivate his friendship; and you are particularly authorized by the President to give him the strongest and most frank assurances that rigorous enquiry will be made into the conduct of the American Officer, and that every satisfaction will be rendered to the Bey which justice and respect shall require.
You are sufficiently aware of the motives to circumscribe expence as much as possible in our Mediterranean transactions. It is hoped that no money will be required by the present occasion, nor is any remitted to you for it. Commodore Morris will indeed have in his hands a fund of about $20,000, of which some part may be spared to you, in case he be led to see the necessity of it as an ingredient in the preservation of peace with Tunis. I trust however, that your good management of other means will render them sufficient for the object. With much respect I am Sir, your Obt Sert.
(Signed)   James Madison

   RC (CSmH); letterbook copy (DNA: RG 59, IC, vol. 1); extract (DNA: RG 233, Transcribed Reports of the Committee on Claims, 8th Cong., 2d sess. through 11th Cong., 3d sess., 3:312-13 [8C-A1]). RC marked “(Copy)”; in a clerk’s hand; docketed by Eaton as received 22 Feb. 1803 “by Commodore Morris, who arrived 8. A.M. same day.”

   Eaton placed an asterisk here and wrote on the last page of the letter: “*I could never satisfy myself whence this report took its rise; believe it however a fabrication for the express purpose of blasting Captain Mc.Neill: an officer not very popular among his brother commanders—but as well qualified, perhaps, as any of them for a Barbary coast! There was not a syllable of truth in the report. W. Eaton.” The report of the action between McNeill and five Tunisian cruisers, taken from a 19 June letter from an officer on the U.S. frigate Chesapeake, was published in the Washington Federalist, 11 Aug. 1802.


Title: From James Madison to James Simpson, 22 August 1802
From: Madison, James
To: Simpson, James

Sir.
Virginia August 22d. 1802.
Your two letters of June 17. & 26 have been duly received. The hostile result of the deliberations of the Emperor of Morocco, notwithstanding your endeavor to give them a more favorable turn, is made particularly unwelcome by the moment at which it has occurred. All that remains now is to meet it in a proper manner by opposing force to force, without losing sight of the interest we have, in restoring a state of peace, as soon as an honorable one can possibly be effected. Commodore Morris will receive from the Secretary of the Navy, the instructions under which his arrangements will be formed. It will be your duty, whilst you aid him with all the useful information you may possess, to continue your endeavors, as far as circumstances will justify to convey to the Emperor the regret of the U. States, at his unexpected and unprovoked conduct, and their disposition to renew the friendship which has been unhappily interrupted taking care in whatever steps you may pursue for that purpose, to consult with and receive the sanction of Commodore Morris whenever he shall be within a communicating distance.
In my letter by the Adams, you were informed of the intention of the President to compliment the Emperor with one hundred Gun Carriages, and that they would probably be accompanied by a letter. Notwithstanding the hostile declarations of the Emperor it is hoped that an advantage may flow from your possessing these conciliatory tokens of the esteem and good will of the U: States towards him. They are accordingly sent by the New York. How far it may be best, in case use can be made of them at all, to tender the Carriages, or send the letter or both, or to communicate only on your receipt of them, must be decided according to circumstances of which yourself & Commodore Morris can best judge. Should it be thought improper to make the tender of the carriages, or should the tender be refused, Gibraltar will probably be the most convenient depository for them, under a permission which will no doubt be given by the proper authority, on a proper application.
Commodore Morris will receive for certain contingent purposes, about 20,000 Dollars. Should a part of this money be indispensably required in any of your conciliatory measures, he will open the resources to you, on being satisfied with the occasion of resorting to it. Your draft for 1000 Dols. will be honored.
I have thought it not amiss to forward a letter of July 27th. altho’ written with reference to a state of things different from that presented in the last communications; remarking only, that in case the question should again arise on the request of the Emperor of Morocco, to receive under his flag, the Vessel left at Gibraltar by the Tripolines, it is deemed proper, by the President, that the permission should be granted on reasonable appearances, that he has become the real owner of the Vessel, and that his flag is not meant to protect the return of the Vessel to Tripoli. I am &c.
James Madison.
This letter was sent to me by the Secretary of State, some days ago, to be forwarded with other dispatches from him for the Mediterranean, by the New York frigate, which is now on the point of departure. The Heads of Departments, who were at the seat of Government, when it reached me, under discretionary powers from the President to stop the letter referred to for the Emperor of Morocco, and the Gun Carriages, if the state of things should in their judgment, render such a step advisable, have determined that it would not be proper to send either; and they are both accordingly witheld.

Dept. of State, Augt. 31st. 1802.
Daniel Brent.

   Letterbook copy (DNA: RG 59, IC, vol. 1). Misfiled in August 1805.

   JM to Simpson, 20 Apr. 1802.


Title: To James Madison from William Jarvis, 22 August 1802 (Abstract)
From: Jarvis, William
To: Madison, James

22 August 1802, Lisbon. No. 4. Acknowledges JM’s letter of 12 May 1802. “The determination of the Insurance Company to send some person here gave me much pleasure, since the importance of the object required the evidence of a person in so elevated a station as is Don Juan de Almeida & as it will prevent my being implicated by a want of success which I am apprehensive will be the case, it being almost impossible in any cases whatever to obtain the attestation of Officers in a much inferior station.” Encloses a dispatch received 21 Aug. giving a “disagreeable account” of U.S. affairs with Tripoli, which was accompanied by a circular from Simpson that announced the end of hostilities with Morocco. Reports that the Antelope from New York was quarantined on 16 Aug. owing to a notice in a Portuguese gazette, copied from an English newspaper, that yellow fever had broken out in New York. The ship was released on 21 Aug. after Jarvis met with the officer of health and submitted a petition made out in the captain’s name and a copy of the U.S. government’s circular letter to collectors, both in Portuguese; encloses a copy of his covering letter. “The noise that was made in the affair of Genl. Lannes has pretty much subsided, by its being announced to the Public that the Genl. was appointed Inspector Genl. of the Armies of France. It is sd. that Brune or Augereau will succeed him.” On 18 Aug. “an order was received at the Customhouse from the Minister of the Interior, to prohibit altogether the importation of Cordage for home Consumption. In consequence of which an American Vessel that was freighted in St. Petersburg on account of an English House here & had discharged about one half of her Cargo was prevented from dischargeing the rest.” The protests of the British and Russian ambassadors against the order were unsuccessful. “I hope this Govmt. will no longer suffer in the opinion of Foreigners, for an indolent procrastinating disposition, for certainly here is promptness & decision enough.… I am afraid that after their granaries are well supplied, our flour will exhibit another specimen of their promptness.” Unverified reports circulate that France has declared war on Algiers. Notes in a postscript that he has employed a lawyer in the cases of the schooners Samuel and Pilgrim “who has been remarkable for his success in those kind of affairs.”

   RC (DNA: RG 59, CD, Lisbon, vol. 1); enclosures (DNA: RG 59, CD, Tunis, vol. 2, pt. 1). RC 4 pp.; docketed by Wagner. The enclosures, misfiled with William Eaton’s 7 July 1802 dispatch, are a copy of Eaton’s circular letter of 9 July 1802 (1 p.) announcing the capture of the American brig Franklin and, on the verso, an undated copy of Jarvis’s letter to the Portuguese officer of health asking that the quarantine on the Antelope be raised. Extract from RC printed in National Intelligencer, 22 Nov. 1802.

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


Title: To James Madison from Thomas Jefferson, 23 August 1802
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Aug. 23. 1802.
Yesterday’s post brought me, as I suppose it did you, information of the Emperor of Marocco’s declaration of war against us, and of the capture of a merchant vessel of ours (the Franklin, Morris) off cape Palos, by a Tripoline as is said in a New York letter; but a Marraquin as I am in hopes from the place, & the improbability of a Tripoline being there. The letter to the Emperor, & the gun carriages are of course to be stopped, and I have approved a proposition from mr. Smith to send another frigate, which he says can be ready in two weeks, in addition to the New York. These with those already there, & the Swedes, are surely sufficient for the enemies at present opposed to us. These are the only alterations made in the arrangements we had agreed on. I have desired mr. Smith to recommend a liberal attention in our officers to the interests of Sweden in the Mediteranean, and if peace with Marocco does not take place this year, I should think it proper that we should undertake the forming a permanent league of the powers at war, or wh: may from time to time get into war with any of the Barbary powers. Accept assurances of my constant & affectionate esteem.
Th: Jefferson

   FC (DLC: Jefferson Papers).

   News of the declaration of war by the emperor of Morocco was announced in Robert Smith’s letter to Jefferson of 20 Aug. 1802 (DLC: Jefferson Papers).

   Smith’s idea to send an additional frigate to the Mediterranean was proposed in his letter to Jefferson of 20 Aug. 1802; the president agreed in his letter to Smith of 23 Aug. 1802 (ibid.).

   On 30 Sept. 1802, Edward Thornton reported to Lord Hawkesbury that after a conversation with JM, he could see no foundation to rumors that the U.S. was joining a northern European confederacy to repress the piracy of the Barbary States (PRO: Foreign Office, ser. 5, 35:321).


Title: To James Madison from William Eaton, 23 August 1802 (Abstract)
From: Eaton, William
To: Madison, James

23 August 1802, Tunis. Reports on a personal interview with an acquaintance, Mr. DeWitt, which took place 22 Aug. on a Danish frigate twelve days from Tripoli. DeWitt said that the pasha of Tripoli “was desirous of peace; the subjects more so: but that the capture of the American brig had greatly elevated his pride.” The threat of an attack by his brother in company with the Americans and the Swedes had led the pasha to collect “with all possible expedition the whole force of his kingdom about the city,” reported to be about 60,000 men, but they had dispersed to the mountains on 8 Aug. for lack of provisions. DeWitt also said that the American and Swedish blockade of Tripoli was “no real impediment to the entry and departure of vessels.”
Relates his first dragoman’s assertion “that the number of men above stated to have come to the assistance of that Bashaw must be greatly exaggerated; and that the whole number of fighting men whom he can bring to his obedience cannot exceed ten or eleven thousand: that it is impossible to keep them in the field any considerable time for want of provisions; that being chiefly mounted and totally undisciplined they are extremely terrified at the appearance of artilery.”
“If to coerce Tripoli be an object with our government … the position I have taken with Mahamet Bashaw is well calculated to secure that object.… We are contending with a perfidious usurper whose rightful sovereign may be used in our cause. If we suffer the occasion to be lost … what alternative shall be adopted equally promising? Is it not a circumstance, which should interest the friends to present administration, that the issue of this war will in some measure, stamp the character of the Executive? … Can an occasion more favorable than the present offer to consolidate the affections and interests of the American people? In the present war … there can be but one mind and one voice. It is only to be feared that the enemey are thought too contemptible to rouse exertion. But it ought to be considered, that we are combatting the commercial policy of all Europe. It is not only then in Barbary that we are about to fix a national character—it is in the world! … The question now at issue is, Whether we will defend our right of free navigation, or hold this privilege as tributaries and as tenants at will at the discretion of a Barbary pirate?”
Has learned from his dragoman that the bey of Tunis intends to renew his demand for a small frigate “in terms which could not admit of a refusal!” To this “I shall yield no concessions. But, one of two events must result from this posture of affairs—concession, or war.”
Mentions reports that France and England have made their peace with Algiers. “If true, Spain, of course, will compromise with Tunis. No longer held in check by those magnanimous powers, the field is open for these marauders to coersce the Americans into their views.”
States that “our operations of the last and present year produce nothing in effect but additional enemies and national contempt”; his “obstinate posture and affected indifference to menace” are no longer effective. “The minister puffs a whistle in my face and says, ‘We find it is all a puff! We see how you carry on the war with Tripoli!’” Has “never ceased” to provide reports, warnings, suggestions, and advice. “I have now the melancholy reflection that my apprehensions have been but too well founded, and my predictions but too accurate.”
“My exile is become insupportable here. Abandoned by my countrymen in command—no advice from government to regulate my conduct—and my own exertions failing of effect—I am left subject, though not yet submissive, to the most intolerable abuse and personal vexation.” Cites damage to his health, “dispositions in this court to distress me in my personal concerns,” an inadequate salary, and attacks by Captain Murray on his public character. “Are such the rewards of my services? To be branded, unheard in my own defence, and by a solitary captain of a frigate, with speculation [and] insanity?” Requests the president’s permission to resign unless “more active operations shall be resolved on against the enemy.”
Notes that only one American frigate has appeared at Tripoli since the Boston’s departure, that he has received no information from any of the American naval commanders since 3 June, and that five Tripolitan galleys are at sea. Adds in a 28 Aug. postscript that on 27 Aug. the Tunisian minister “formally demanded of me a frigate of 36 guns. It need not be thought strange to see me in America this winter. I can neither yield to nor get rid of the demand.”

   RC (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC 5 pp. Letterbook copy incomplete. Extract, which varies in part from the RC, 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)., 2:248–49.

   Eaton placed an asterisk here in the letterbook copy and wrote in the margin: “*By a mate of a swedish vessel, captive from Tripoli I learn that the number did not exceed six thousand! I might have mistaken sixty for six from Mr. DeWitt.”

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


Title: To James Madison from Charles Pinckney, 24 August 1802
From: Pinckney, Charles
To: Madison, James

Dear Sir
August 24: 1802 In Madrid
Mr Codman by whom I proposed to send the inclosed being taken ill I think it best to send Duplicates to give you the earliest intelligence of what I have been able to do here. The original will go by him to Washington. I still hope to be able to bring this Court to agree to an arbitration by the same Commissioners of the french spoliations, & of the claims for Vessels condemned by their consuls in Spanish Ports. It will be with great reluctance but I still think they will agree to it. The Spaniards, I mean private individuals, in speaking of this claim of ours complain of it as one of the hardest cases that can possibly occur—that just emerging from a War with their all powerf⟨u⟩l neighbour (France) in which they had been unsuccesful & were in fact obliged to wink at this conduct of the french consuls ⟨for⟩ fear of irritating their Government & renewing the War, they could not have beheld this violation of their territorial sovereignty either with pleasure or indifference—it could not certainly have been agreeable to them—the Americans were their friends & their commerce was useful & valuable to Spain—the capture & condemnation of our Vessels was therefore a loss & inconvenience to Spain—not one shilling of the prizes ever went into the Pockets of the King or his subjects, & it was with pain they saw their condemnation & sale. For Spain, they say to be obliged, under these circumstances to pay for them, appears as they continually repeat, to be one of the hardest cases that can possibly occur. Mr Cevallos (the Secretary) or the Government do not avow to me that this is their motive for declining to include them in the convention. He says that neither the laws of Nations or the Treaty oblige them, but no doubt the reasons I have stated as coming from individuals, have also their Weight.
I however find since forming the Convention, it will be much more extensive in its Operations & effects than I at first supposed. All the cases of Mr Higginson will come clearly under the Convention & so will a number of others which have been heretofore supposed entirely french. The Variety of very important claims from South America, Europe, & the West Indies not only for captures but the illegal interferences of Governors, Generals, & other officers acting under the authority of the Spanish Government will swell the list to an enormous amount & there can be no doubt that in a number of the french cases there have been such illegal interferences of Spanish Officers in the different ports as to bring them within the Convention & subject them to the decision of the Commissioners. If we get the fifth Commissioner I have little Doubt that most of the cases will be included now supposed entirely french.

On the subject of Florida & Louisiana I have frequently written you lately. To my Enquiries on the subject of the Floridas Mr Cevallos always replies that as soon as the King recieves answers to the letters he has directed to be Written on this subject he will give an answer whether he is willing to sell or not. The Business of Louisiana has long since been decided. Whatever you may hear on this subject the following is the true state of facts. That so long since as 1800 General Berthier was specially appointed & sent on to Madrid to negotiate this cession which he effected & Spain at that time completely ceded all her rights according to the antient Boundaries of Louisiana when held by France. That in the year 1801 & very early in it, (in March) Lucien Bonaparte in a new treaty recieved a confirmation of this right & that ever since that period the Spanish commanding officers in Louisiana have held orders to deliver it to the french whenever they would send to take posession of it. The War with England & the difficulty of sending troops to posess it were no doubt the only reasons they have not posessed it before. I have repeatedly been with Mr Cevallos to know if there was any menti⟨on⟩ in the Cession of our right to navig⟨ate⟩ the Misissipi & deposit our produce on its Banks. In our first conversations he told me no. But afterwards he assured me Louisiana should not be delivered to the French to the prejudice of the United States but subject to the Conditions of our Treaty with Spain. This I requested him to reduce to writing to send you—but for some reason he has not done so explicitly. I shall continue to write & urge an explicit answer & if it can be obtained in Writing I will send it to You. You may be assured that long before I arrived here every thing was irrevocably fixed about Louisiana & finding it so I wrote to Mr Livingston at Paris that whatever was necessary must be done by him there. That even in the affair of the purchase of Florida—the influence of France was extremely important. In short it appears to me to be irresistible in the south of Europe. I have therefore Written to Mr Livingston that it would be very important for him to know from the french Government whether any express stipulation is made by them respecting the Navigation of the Misissipi & the right to deposit our produce & merchandize on its Banks & if not to know whether they are ready to make in form a proper declaration that they consider France as recieving Louisiana from Spain subject to the conditions of the Treaty of the Latter with the United States. That it would not do for the United States to hold the navigation at the Will or by the permission of France. It would not only be derogatory to them to do so but should the Western inhabitants ever have the Opinion or entertain the idea that it was to France they were to look for the permission to navigate & deposit & not to their own Government it would be a most unfortunate one indeed & might ultimately produce a Separation. By Mr Codman I am to send the Original Convention & several letters I recieved from Mr Cevallos & in the interim with my most affectionate & sincere respects & good Wishes to the President I remain dear sir always Yours Truly
Charles Pinckney

   RC (DNA: RG 59, DD, Spain, vol. 6). Damaged by tears at folds. Enclosure not found.

   Pinckney no doubt enclosed a copy of the spoliations convention (see Pinckney to JM, 15 Aug. 1802, and n. 4).

   For the negotiations of Lucien Bonaparte, see David Humphreys to JM, 23 Mar. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:36).


Title: To James Madison from Thomas Auldjo, 24 August 1802 (Abstract)
From: Auldjo, Thomas
To: Madison, James

24 August 1802, Cowes. “Our Crop of Corn is half saved in these parts & in exceeding good order from our having had no rain for these three weeks & we only want a Continuance of favorable weather to secure abundance. Our prices are now nominal, there being little grain of any Sort at market.… Every thing goes on as usual. I pay due attention to your Circular of 1st Augt 1801 & the papers it refers to.”

   RC (DNA: RG 59, CD, Southampton, vol. 1). 1 p. President Washington appointed British subject Thomas Auldjo U.S. vice-consul at Cowes in 1790 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:48, 50, 52).

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


Title: To James Madison from Elisha Hyde, 24 August 1802 (Abstract)
From: Hyde, Elisha
To: Madison, James

24 August 1802, Norwich. Has received a commission to act as a commissioner of bankruptcy for the district of Connecticut but declines the appointment, “as it will preclude me from a seat in our Legislature which place I have been Honour’d with many years.” Explains that “there are too many who feel very uncandid towards the present Administration of the United States that I may have an opportunity to be more active in favour of the present measures of the General Government is my only reason for declining this Office.”

   RC (DNA: RG 59, LRD, filed under “Hyde”). 2 pp.; docketed by Jefferson.


Title: To James Madison from John Lamson, 24 August 1802 (Abstract)
From: Lamson, John
To: Madison, James

24 August 1802, Trieste. Since his dispatch of 22 May, “some events have taken place which appear to threaten the ⟨tota⟩l annihilation of our commerce in these seas.” They are the declaration of war by the emperor of Morocco, the threat of war by the other Barbary States, and the capture of the brig Franklin by Tripoli. “As the commerce of this country with their own Ships is allmost entirely confined to the Levant and Medeteranean seas they depend wholly upon foreigners for their supplies of East and West India produce of which there is an immense consumption.… If therefore the Navigation of the Medeteranean could be free’d from its present embarassments, I think [the U.S.] might employ a portion of their shipp⟨ing⟩ in this trade to very good account.”

   RC (DNA: RG 59, CD, Trieste, vol. 1). 2 pp. Damaged by removal of seal.

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


Title: To James Madison from Elkanah Watson, 24 August 1802 (Abstract)
From: Watson, Elkanah
To: Madison, James

24 August 1802, Albany. Encloses a letter from Lieutenant Governor Van Rensselaer, “who has the honor of a personal acquaintance with you.” Wrote to the president on the same subject on 1 June, together with Van Rensselaer and state comptroller Jenkins, but they have had no reply. Solicits “the appointment of Consul for the Port of Nantes in behalf of my worthy friend Simon Lynch Esqr. a respectable mercht. of that City.” Transcribes an extract from his letter to the president.
“During five years I Resided in Nantes in Our Revolution,… I was Well acquainted with the father of Mr. Lynch, who was esteemed one of the Most respectable Merchants there. He was of Irish extraction, of Course the English Language is in a Manner the Mother tongue of Mr. L—altho’ born in Nantes. He has made the Tour of the United States,… has an extensive & personal Knowledge & correspondence with Our principal Merchants a’Long our Sea bord; & from my personal Knowledge of him … I am confident No person Can better Supply the Vacancy.… The last Consul Mr. Dobrée who lately died was a Guernsey Man.… I am a’ware that the Government have wisely adopted a prefference to American Characters, but … I presume the prefference alluded to, cannot in this Instance impair my hopes in favr. of Mr. L.”
Encloses a circular dated 14 June [not found] just received from Lynch that “will afford Some important commercial Information.” Quotes from a private letter from Lynch of the same date.
“I persuade myself, that my Situation will enable me to discharge the duties incumbent on that respectable Station, with all the Zeal, fidelity & attention, which the American Government has a right to expect. Since the death of the respectable Mr. Dobrée … the American Nation, has Not been represented by any One. There are Now in Port 10 or 12 Sail of Americans, & No agent to assist, dispatch & protect them.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Lynch”). 4 pp.; docketed by Jefferson. For surviving enclosure, see n. 1. Elkanah Watson (1758–1842) was a prominent Albany merchant and canal promoter. He later moved to western Massachusetts where he concentrated his energies in agricultural pursuits, among which was the establishment of the first county fair in the U.S.

   Jeremiah Van Rensselaer to JM, 25 Aug. 1802.


Title: To James Madison from Josef Yznardy, 24 August 1802 (Abstract)
From: Yznardy, Josef
To: Madison, James

24 August 1802, Cadiz. Transmits duplicates of his correspondence since his arrival. Also forwards the dispatch from James Simpson mentioned in his 21 Aug. letter as having been delivered to Captain Crowell; Crowell did not sail as expected because of contrary winds. “Looking over & examining the Books of this Consulship I find that a great number of Vessels have been sold during my absence; & having called for their respective Registers from Mr. Anthony Terry the Vice Consul, he answered me that he only had the five following in his possession.” Lists names of five ships and their captains. Encloses a list of those ships for which Terry has been unable “to get the Captains to deliver [the registers]”; “fearing that they or the Owners may make bad use of them,… I avail of the first opportunity to acquaint you thereof.”

   RC and enclosure (DNA: RG 59, CD, Cadiz, vol. 1). RC 2 pp. Enclosure (1 p.), headed “List of Vessels sold in this Port, and their Registers were carried to America by their respective Captains,” is dated 22 Aug. 1802 and lists fifteen ships.

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


Title: From James Madison to Thomas Jefferson, 25 August 1802
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Aug. 25. 1802
Yours of the 23d. has been duly recd. Mr. Brent had informed me that copies of the letters from the Mediterranean had been sent to you by Mr. Smith, and therefore I did not send the originals by express. The declaration of a rupture by the Empr. of Morocco, put me at a loss what to say to Simson on the subject of the Gun carriages, and how to decide as to the letter you left with me. As the event however was anticipated when you were here, as a necessary consequence, of Morris’s concurrence in the refusal of Simson, and of the instructions sent from the Navy Dept. by the Adams, I concluded that the Gun carriages ought still to go, subject to the discretionary & conciliatory use of Morris & Simson, and have written to Simson on that supposition. I was the more inclined to this opinion, by the anxiety & the ideas of the Secretary of the Treasy. Reasoning in a similar manner, I sent on to Mr. Brent your letter to the E. of M. with an erasure of the last paragraph, & some little alteration besides, & a request that the Secretaries present would decide what ought to be done; and have in my letter to Simson given him like discretion over it, as I gave him with respect to the Gun carriages. In pursuance now of your decision agst. sending either, I shall write by the next mail to have a post[s]cript added by Mr. Brent signifying the change that has taken place. Nothing appears in the communications to me, relative to the affair between the Boston & the Tunisian cruisers. In my letters to Cathcart Eaton OBrien & Simson, I have spoken of it as report believed here, and have fashioned my instructions accordingly particularly those to Eaton. I find from Gavino’s letters to me, that the capture of the American vessel, was ascribed to a Pirate, and not to a cruiser of Tripoli or Morocco. With most respectful attachment I remain Yrs.
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 27 Aug.

   Brent’s letter to JM has not been found.

   JM’s 23 Aug. letter to Brent has not been found (see Brent to JM, 25 Aug. 1802). For the president’s letter to the emperor of Morocco, see Jefferson to JM, 6 Aug. 1802.

   JM wrote to Cathcart, Eaton, and Simpson on 22 Aug. and added a 22 Aug. postscript to his letter to O’Brien of 27 July 1802.

   JM apparently misread Gavino’s 29 June 1802 dispatch.


Title: To James Madison from Daniel Brent, 25 August 1802
From: Brent, Daniel
To: Madison, James

Dear Sir,
Washington, Augt 25th 1802.
I have duly received your favor of the 23d Inst., with the several papers enclosed in it, which were immediately given to the Secretaries of the Treasury and Navy, agreeably to your direction. The latter having just returned them to me, copies will be forthwith made of all of them but of the letter to the Emperor of Morocco, (which does not go) as well for the Office, as for Mr Smith, who is to send them to Commodore Morris. The necessary orders are to be given by Mr Gallatin and Mr Smith concerning the 30.000 Dollars, and they both say, that nothing more will be required of you, or your Office, at least for the present, about this money. Mr Smith tells me that the New York frigate will be hawled off to morrow, and that she will probably move down the River the next day. I enclose a Copy of his Instructions to Commodore Morris. He desired me to inform you that his engagements unluckily prevent him from writing to you to day. I am very sorry that my silence concerning the affair of the Boston frigate should have at all embarrassed you. No official Confirmation of the truth of the Report on that subject had been recd. here when I wrote, nor has any been since received of it. I enclose a requisition on the Secy of the Treasury for 400 Dolls., founded upon a Bill of Mr Gavino for an advance to Mr Simpson, of which you are already advised. Mr Barnes, of Geo Town, is the Holder of this Bill. The letter from Mr Moultrie, herewith sent, together with the printed papers accompanying it, were recd. some time ago, & immediately put into the hands of Mr Gallatin, who has just returned them to me. I received on Thursday your note of the 21st by Mr Woodward, enclosing a reprieve for McGirk, which has been delivered to the Marshal. I understand from Mr Smith that the Jno. Adams will soon follow the New York. I have the Honor to be, with the highest Respect & most sincere esteem, Sir, Your Obedt & faithful servt.
Danl Brent.

   RC (DLC). Docketed by JM. Enclosures not found, but see nn. 2 and 3.

   Letter not found.

   The instructions are 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)., 2:257–58.

   See Alexander Moultrie to JM, 9 Aug. 1802.

   Letter not found. A reprieve for convicted murderer James McGirk, dated 21 Aug. 1802, postponed execution of his sentence until 28 Oct. 1802 (DNA: RG 59, PPR).


Title: To James Madison from Samuel Sheild, 25 August 1802
From: Sheild, Samuel
To: Madison, James

Dear Sir
York County Virginia August 25th. 1802.
The Office of Collector of the Port or District of York-Town having lately become vacant by the Death of Mr. Wm. Reynolds, I have taken the Liberty to write to the President of the United States on the Subject and to recommend Mr. William Cary of that Town, as a proper Person to supply the Vacancy. To address the Head of the Treasury Department also rather than the Secretary of State might be most proper on such an Occasion; but as I have no Acquaintance with Mr. Gallatin, I have ventured to trouble you and to request that you will be so kind as to interpose your good Offices both with the President and Mr. Gallatin. I verily believe that it is a fortunate Circumstance, that so respectable a Man as Mr. Cary will accept the Office, as other wise it would in all Probability fall into the Hands of some young Man, who might occasion considerable Trouble to the Treasury-Department. Mr. Cary is one of the oldest Inhabitants of the Town, quite easy in his Circumstances, of strict Integrity and has all his Life been remarkable for his Punctuality in the Discharge of any Business which he undertakes. Antirepublicanism, I must confess, has always been and still is too prevalent in York; but so moderate has this old Gentleman ever been, that he has uniformly voted for me, even in the most trying Times. Please to present my best Respects to Mrs. Madison and to be assured that I am with the greatest personal Esteem Yr. most obdt. Servt.
Saml. Sheild

   RC (DLC: Jefferson Papers). Filed with Albert Gallatin to Jefferson, 9 Sept. 1802.

   William Reynolds (d. 1802) was born in Yorktown, Virginia, but received a mercantile education in the house of John Norton & Sons, London. He returned to Virginia in 1771 and served as a paymaster of state troops in 1777 and as a justice of the peace. He was appointed collector and inspector of the revenue for Yorktown in 1794 and served in that capacity until his death (Frances Norton Mason, ed., John Norton & Sons, Merchants of London and Virginia [New York, 1968], pp. 518–19; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:165).

   William Carey was appointed to the post but resigned almost immediately. Thomas Archer, a Revolutionary War veteran, was appointed in Carey’s place (Jefferson to Albert Gallatin, 13 Sept. 1802, Papers of Gallatin [microfilm ed.], reel 7; Gallatin to Jefferson, 5 Oct. 1802 [DLC: Jefferson Papers]; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:433; Heitman, Historical Register Continental, p. 65).

   There were several Samuel Sheilds prominent in Tidewater affairs, but this was probably the Samuel Sheild (or Shield) who died in York County, Virginia, in 1803 and was “for many years a member of the General Assembly” (Marriages and Deaths from Richmond, Virginia, Newspapers, 1780–1820 [Easley, S.C., 1988], p. 140).


Title: To James Madison from Jeremiah Van Rensselaer, 25 August 1802 (Abstract)
From: Van Rensselaer, Jeremiah
To: Madison, James

25 August 1802, Albany. “Some time since I wrote the President of the United States by the request of my particular friend (as well in social as in political life) Elkanah Watson Esqr. of this City, for the purpose of recommending to the notice of Goverment Mr. Simon Lynch.… I have no personal knowledge of Mr. Lynch; but from the long and intimate acquaintance I have had with Mr. Watson,… his representations on that head I am persuaded will be found to merit the respectfull attention of government.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Lynch”). 2 pp. Mistakenly docketed by Brent, “Augt 15th 1802.”


Title: To James Madison from James Leander Cathcart, 26 August 1802 (Abstract)
From: Cathcart, James Leander
To: Madison, James

26 August 1802, Leghorn. Submits for the president’s decision a plan to coerce Yusuf Pasha of Tripoli to agree to a permanent treaty with the U.S. and “perpetual protection” for his brother Hamet by threatening him with the “use of such means as God had already placed in our hands … join’d to our influence at the sublime Port.” Encloses William Eaton’s letter to him of 12 July “with my addition to it which I have made circular” as well as another from Algiers given to him by Appleton. Has received no other news from Barbary worth mentioning.

   RC (DNA: RG 59, CD, Tripoli, vol. 2); FC (NN: Cathcart Papers); FC (CSmH). RC 2 pp.; docketed by Wagner as received with Cathcart’s 25 Aug. dispatch; 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)., 2:254. First FC in Cathcart’s hand. Second FC in a clerk’s hand, signed by Cathcart. Enclosures not found.

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


Title: To James Madison from Thomas Jefferson, 27 August 1802
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Aug. 27. 1802.
I inclose you a letter from W. Hampton & Fontaine Maury on the subject of apprehensions that the negroes taken from Guadaloupe will be pushed in on us. It came to me under the superscription of mr. Brent, so may not have been seen by you. Would it not be proper to make it the subject of a friendly letter to M. Pichon. Perhaps Govr. Clinton should also recieve some mark of our attention to the subject.
I received under the same cover a letter from Israel Smith to you on the subject of Commrs. of bankruptcy for Vermont. I had been expecting a General recommendation from him & Bradley. I therefore make this the occasion of reminding them of it.
Of the blank commissions of bankruptcy which came to me with your signature, I signed & send two to mr. Brent to be filled with the names of Wm. Cleveland &  Killam of Salem. The rest you will recieve herewith. I have no further news from the Mediterranean. Genl. Dearborn has been unwell & quitted Washington. Gallatin not well and gone to New York. His 2d. clerk sick, Miller also, and Harrison unwell and gone away. There seems to be much sickness begun there. Mr. Short left Washington on Saturday last, & comes here by the way of the Berkley springs. Pichon does not come. Accept assurances of my affectionate esteem & respect.
Th: Jefferson

   RC (DLC); FC (DLC: Jefferson Papers).

   Wade Hampton and Fontaine Maury to JM, 21 Aug. 1802.

   Israel Smith to JM, 16 Aug. 1802.

   Jefferson wrote letters to Stephen R. Bradley and to Smith on 27 Aug. 1802 (DLC: Jefferson Papers), requesting them to name three or four persons, “lawyers or merchants, of republican principles,” to be commissioners of bankruptcy. Smith replied in a letter to JM, 13 Sept. 1802.

   Jefferson left a blank space here.


Title: To James Madison from Edward Thornton, 27 August 1802
From: Thornton, Edward
To: Madison, James

Sir,
Washington 27th August 1802.
I am sorry to be obliged to call your attention once more to the subject of the Transport Ship Windsor in consequence of additional information, which I have received from His Majesty’s Consul at Boston, and which, as I have no doubt of its correctness, seems to impeach in a high degree the accounts, which the officers of the United States in that port have given you on the subject of the repairs of that vessel.
It is only necessary to enumerate to you the circumstances under which it stood to convince you of this position.
Without dwelling on the presumable condition of a vessel sent on a voyage from the West Indies, and which after her capture by the prisoners experienced no disaster on her passage to the United States, I have to observe—That on her arrival at Boston the Captain, having reason to expect from the promises of the captors that the Ship would be freely restored to him, informed the Consul that he should proceed immediately to sea, not thinking that she stood in need of any repairs: That the latter afterwards employed a Gentleman, well skilled in naval matters, to examine the state of the vessel, who pronounced that she might be got ready for sea in a week, and that a fortnight would be a very ample allowance: That notwithstanding the Windsor remained in Boston without alteration from the end of June or the beginning of July to the 27th of August, when she was transferred by sale to a Mr. Marston—in direct violation of the Treaty of Amity: That from the latter period to the receipt of the order for her departure in the middle of September (you must have the goodness to set me right, if I mistate the date of your order) and from thence to the intelligence received in November of the signature of the preliminary Articles, she remained equally without repairs and without attention from the officers of the Custom: And that in fine no alteration at all took place until the month of March of the present year, when being transferred by the bankruptcy of Mr Marston to other hands, she was converted from a snow to a ship, and after some delay dispatched to the East Indies without any regular papers from the Custom House.
Perhaps few instances occurred during the late war of more irregular proceeding on the part of the officers of the United States; and I cannot forbear re-urging the expectation of His Majesty’s Government, that the President having due regard to the double violation of the Treaty of Amity (first in the sale of the vessel and afterwards in the perfect neglect of his orders for her expulsion) will be pleased to think the original owners entitled to a proper compensation for her loss. I have the honour to be with perfect truth and respect, Sir, Your most obedient humble servant,
Edwd Thornton

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

   For the date of the order for the Windsor’s departure, see Gallatin to JM, 2 July 1802, and n. 1.

   Even as Thornton made this argument, he conceded to his superiors in London that “there is ⟨little?⟩ room to hope, that any arguments will b⟨e⟩ able to extract from the present economic⟨al⟩ government a pecuniary compensation ⟨or⟩ even a promise of endeavouring to obtain ⟨it?⟩ at the approaching meeting of the legislatu⟨re⟩“ (Thornton to Hawkesbury, 29 Aug. 1802 [PRO: Foreign Office, ser. 5, 35:310]).


Title: To James Madison from John M. Forbes, 28 August 1802 (Abstract)
From: Forbes, John M.
To: Madison, James

28 August 1802, Hamburg. Calls JM’s attention to “a Subject which has been frequently urged upon the former Administration, without effect, by my Predecessor Mr. Pitcairn. From the great variety of petty Sovereignties which divide the Circumjacent Country and particularly the Shores of the Elbe, a general imbecility in the execution of the Consular functions and, in many instances, Serious inconveniences to our Commerce result from our Consular District being limited to the Hamburgh Territory.” Cites a recent case of the ship Hercules; “wrecked in this River, her valuable Cargo was Saved by Danish subjects and the Captain was obliged to resort to Copenhagen and demand the interference of our Consul there.” Proposes that his consular district be extended “‘to the Circle of Lower Saxony’ which is the only political division of Country, which embraces all the Sovereignties bordering on the navigable Elbe.” Reports that the provision made by the U.S. for destitute seamen is inadequate; twelve cents per diem is not enough for shelter.

   RC (DNA: RG 59, CD, Hamburg, vol. 1). 3 pp.; docketed by Wagner as received 19 Nov., with his notation, “Extension of his consular district necessary.” An abbreviated version of the letter (ibid.), marked “Triplicate,” bears a postscript in which Forbes recommends that an express right be granted him to name vice-consuls or agents “in the several ports of the Circle”; this has been “a Subject of some discussion between the British Consul and the Senate of Rostoc, but the latter has ceded the point.”

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


Title: To James Madison from Thomas Jefferson, 30 August 1802
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Aug. 30. 1802.
Your two favors of the 25th. & blank were recieved yesterday; and all the papers forwarded me are returned by this post. I must pray you to direct an extract from so much of mr. Clarke’s letter as relates to the dissatisfaction of the Chickasaw chief with the Spanish governor, to be taken & sent to Genl. Dearborn to whom I have written on the subject. Mr. Clarke’s letter cuts out a considerable job for us, but the several matters are so important that I think a detailed instruction should be sent to be [sic] mr. Pinckney. Indeed I wish we could once get the European powers to give to their diplomatic representatives here such provisional authorities as would enable them to controul the conduct of their governors in whatever relates to us. We are too far from Europe to dance across the ocean for attendance at their levees whenever these pigmy kings in their colonies think proper to injure or insult us. Be so good as to order a commission from your office for John Shore of Virginia as successor to Heath at Petersburg. The stile of the office must be obtained from the treasury: also a Commission for Abraham Bloodgood for Albany, for which mr. Gallatin will apply. On the suggestion in the newspapers that Simpson is recalled to Marocco, I have suggested to mr. Smith, if it be known certainly before the John Adams sails, to consider whether we ought not to retain her. Tho’ armed by Congress to employ the frigates largely, it was in confidence we would not do it lightly. I wish you to consider whether it would not be useful, by a circular to the clerks of the federal courts, to call for a docket of the cases decided in the last twelvemonth, say from July 1. 1801. to July 1. 1802. to be laid before Congress. It will be satisfactory to them, & to all men to see how little is to be done by the federal judiciary, and will effectually crush the clamour still raised on the suppression of the new judges. I think it a proper document to be furnished annually, as it may enable us to make further simplifications of that corps. I have written to mr. Gallatin respecting the Guadaloupe negroes. Accept assurances of my affectionate friendship.
Th: Jefferson
⟨P. S. I before mentioned to you what I had written to Lieper on the subject of our tobo. I have recd no answer. The same letter said something of his disappointment of office. I suspect it has not pleased him. I own I have thought something of his silence, were it only on account of the use Callender is making of his name.⟩

   RC (DLC); FC (DLC: Jefferson Papers). The postscript, which is missing from the RC, has been supplied from the FC (see n. 6).

   JM to Jefferson, ca. 28 Aug. 1802.

   See Daniel Clark to JM, 16 Aug. 1802. Jefferson wrote to Henry Dearborn on 30 Aug. 1802 (DLC: Jefferson Papers).

   In his letter of 25 Oct. 1802 JM wrote Pinckney to pursue his standing instructions on Louisiana but did not add anything to them (DNA: RG 59, IM, vol. 6). By the time he wrote next, matters were superseded by the closing of the deposit at New Orleans (JM to Pinckney, 27 Nov. 1802 [ibid.]).

   For the removal of William Heth as collector at Petersburg, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:144–45 and n. 1.

   Abraham Bloodgood’s appointment as surveyor and inspector of revenue for the port of Albany was confirmed by the Senate in January 1803 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:432).

   The postscript is a letterpress copy, written on a separate sheet and misfiled with the FC of Jefferson to JM, 30 Apr. 1801 (DLC: Jefferson Papers).


Title: To James Madison from Daniel Brent, 31 August 1802
From: Brent, Daniel
To: Madison, James

Dear Sir
Washington, August 31st 1802.
Your letter of the 27th Inst. was duly received by me, with the draft of the Treasurer on the Cashier of the Bank of the United States and a letter to Mr Simpson, directing him what to do with the proceeds of this draft, and I have accordingly sent on the letter and dft.
You will have been informed that the letter and Gun Carriages intended for the Emperor of Morocco are witheld. I have accordingly added short postcrips to the letters for Mr Simpson and Mr Cathcart, explaining the Circumstance. No Official account of the recall of Mr Simpson is reced., and the truth of the report on this subject is not at all relied upon. You will see, by an Article in the National Intelligencer of yesterday, that the account communicated in Mr Gavino’s letter of June 29th, Concerning the capture of the Rose by Pirates, is untrue; as that vessel has actually arrived at Martin[i]que, whither the account states she was bound. Nothing further is known about the rencountre which the Boston is said to have had with the Tunisian vessels. But it would seem, from the silence of your own and Mr Smith’s Mediterranean letters to the 29th June, nine days after the date of the private ones from the same quarter which brought the account of this affair—and from Mr Eaton’s not mentioning a word about it, in his letter of May 25th, herewith sent—that the Report is entirely groundless. I received the Copy of Mr Smith’s instructions to Commodore Morris just as I was about to close the last letter which I had the honor of writing to you, and had not time then to read them. But it does not appear to me now, since I have seen and read the original at the Navy office, that these instructions contain such precise orders about the 30.000 Dollars as your letter of June 29th to Mr Smith requested, and as I counted upon from other Circumstances. I have suggested to Mr Smith the propriety of his giving further instructions conforming with your wishes to have the money returned to the US in the event of its not being recd. at Algiers, but he does not think that it would be proper for him to do so, and of course declines it. It remains for you, therefore, under a view of all the Circumstances of the case, to give such further directions as you shall think proper. The New York has just got out of the Eastern Branch, and it is said that she be at least a fortnight at Norfolk before she gets to Sea. The letter from Mr Cathalan enclosing Mr Eaton’s was forwarded on the 18th June; by our Consul at Bordeaux. I have the Honor to be, with great Respect & sincere esteem, Sir, Your Obedt & faithful servt.
Danl Brent.
I send to the President a Copy of Mr Eaton & an Extract from Mr Cathalan’s letters.

   RC (DLC). Docketed by JM.

   Letter not found.


Title: To James Madison from Robert Taylor, 31 August 1802
From: Taylor, Robert
To: Madison, James

Dear Sir
August 31st. 1802.
The deeds requested accompany this. I know nothing of yours & miss Nelly’s title—but if the smallest doubt attends it, as the decree directs the warranty to be general—perhaps it would have been best to suffer the pit’s title to have rested on the decrees & to have made no deeds. I have understood the manner of authenticating deeds in Kentucky was the same as here which you will see in the last revised code pages 165 & 341. The most usual mode is to acknowledge the deed or have it proved by 3 witnesses in the county court where the grantor resides and have such proof or acknowledgment certified by the clerk under the county seal. I am Yr. Obt.
Robert Taylor

   RC (DLC). Docketed by JM.

   These deeds to Kentucky lands once held by JM and Ambrose Madison were issued pursuant to a decree obtained by William Croghan and Richard Taylor and delivered to JM by Denis Fitzhugh (Croghan to JM, 7 Apr. 1802, and n. 1). Apparently Fitzhugh’s request that JM send him the deeds for safe passage to Kentucky went unheeded, for Croghan complained in May 1803 that he had never received them (Fitzhugh to JM, 10 July 1802 [misdated 10 July 1801 in Index to the James Madison Papers and in PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:394–95]; Croghan to JM, 22 May 1803 [DLC]).

   Taylor referred to section 5 of “An Act for regulating Conveyances,” which explained how deeds could be authenticated and deposited with the “proper Court” within eight months if by a resident or eighteen months if by a nonresident of the state, and section 2 of “An Act to amend the act for regulating Conveyances,” which extended the period of deposit for nonresidents to two years (A Collection of … Acts of the General Assembly of Virginia, of a Public and Permanent Nature … [Richmond, 1794; EvansCharles Evans, ed., American Bibliography … 1639 … 1820 (12 vols.; Chicago, 1903–34). 27999], pp. 165, 341).


Title: From James Madison to Thomas Jefferson, 1 September 1802
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Sepr. 1. 1802
The mail not having returned from Milton when my messenger left the Court House on monday evening, & it having been inconvenient to send thither at any time since, I can not now acknowledge any favor which may have come from you since my last. Among the letters inclosed is one from Higginson seconding the application from Philada. for your patronage to a demand on the vice Govt of the La plata provinces. The measure as proposed seems to be inadmissible on several grounds; but I shall be glad to have your sanction if you think it proper, to a refusal. Yours with respectful attachment
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 2 Sept.

   The letter to JM from Stephen Higginson and other Boston merchants, 11 Aug. 1802, has not been found. It was acknowledged by Daniel Brent on 28 Aug. 1802 (DNA: RG 59, DL, vol. 14) and by JM on 6 Sept. 1802.


Title: To James Madison from George W. Erving, 1 September 1802
From: Erving, George W.
To: Madison, James

Private — No 10
Dear Sir
London Septr 1st. 1802
The return of Mr Lewis to Washington affords me an opportunity of acknowledging the rect of your private & friendly letter (May 3d) upon the subject of the assessorship to the board of commissioners; It is unnecessary I hope for me to assure you that I feel on all occasions the most perfect disposition to acquiesce in, & chearfully conform to, the Opinions & wishes of the President & of yourself: On this particular occasion I find additional reasons to be satisfied with the arrangement made, in the nature of the Office in question the duties of which merely clerical are but little adapted to my taste, perhaps less to my habits; its dependance upon the board, & in the probability of the frequent dissatisfactions & misunderstandings which might thence naturally arise, (if not studiously occasioned by the individuals of that body) to the great delay & perhaps material prejudice of the public business.
The board have hitherto proceeded in their decisions with a great deal of spirit, all which however has been infused into them by Mr Pinkney: The omission in the convention of a stipulation for interest upon the instalments payable on awards, seems to have been rectified, & a rule for allowing it Established by the award in the case of the Pigou-Lewis, the only one yet completed; But another oversight in our negotiator hath created a difficulty at the Board which for the present has prevented the completion of any further decrees; it is the question whether interest shall be allowed for the time during which the functions of the Board were suspended: To enable the British Commissioners to digest this point the Board has adjourned to the 12th Inst.
Mr King has gone for a tour on the continent; he proposes to return in a few Months, to wind up his negotiations here, & to return about this time 12 mos to the U. S.—there to be held up as the federal candidate for the Presidency! Previous to his departure he gave me no intimation as to the person whom he meant to charge with the affairs of the U. S, I have since accidentally heard that Mr Gore is his locum tenens; but I presume that it is not so. It has appeared to me a duty in my situation here to commit a violence on my feelings sufficient to enable me to preserve a decent & respectful intercourse with Mr King; as I have rarely seen him however but on business have had no opportunities of becoming intimate with his private character, as a public man I have had repeated cause both personal & official to be disgusted with him; there is no sincerity no loyalty in that character: My letter goes by a hand so perfectly safe that I am tempted to give a loose to my pen in treating of this candidate for the presidency, in the confidence that you will indulge me in the free expression of my opinions: If however I err in this, you will at least attribute the defect of my judgement to the excess of my zeal; I submit no sentiment to you but with the utmost deference, yet am irresistably impelled to say more than may be prudent; I am sure that my motives will not be impeached; I have no personal view no wish unconnected with the support of genuine republican principles & the success of Mr Jeffersons administration. The general principle of Mr Kings ministry here seems that of accommodation to the British govermt, every thing he does is precisely in the form most agreeable to them, nor will he consent to give them any trouble unless by particular instruction, or to carry some point favorable to his own popularity: When the peace was concluded between this country & France I foresaw that great numbers of our sailors detained on board Men of war woud of course be discharged, that they woud spend their Wages as sailors usually do, & fall a burthen upon the U. S. or become Vagabonds in this metropolis, & therefore thought it proper to make an application to the admiralty with a view of procuring passages & maintenance for them to their several homes; considering that it woud be highly reasonable to ask this aid in favor of such men as they might acknowledge to be Americans & whom they had compelled into their service: as a negotiation however with the Admiralty promised to be dilatory I requested Mr King to assist me by an application thro’ an higher department of the government, this he declined; I was of course left to make my own way, & according to the method of doing business here the negotiation is in train; when it comes to a point I shall forward the Official details, I mention this circumstance at present as one instance calculated to shew the apathy of Mr King as to the public interest; the object surely was sufficiently great to engage his attention; but no popularity was to be gained by it, & the application was to harrass & embarrass this government. Few situations afford more opportunities of cultivating popularity than this of Mr Kings; he sees all who arrive from every part of the Union, he selects for his particular attentions those who may have it in their power to do him the most service on their return, he calculates his conversation & his communication to the temper, the opinions or the situation of Each individual; he maintains a perpetual Correspondence with influential men at home, & he acquires credit & reputation as a statemans [sic] from the wise dispositions of the government; & by maintaining the most perfect personal understanding with the ministry here, he secures all the English interest directed by their Agents in the United States. Mr King has therefore become the most likely man for a federal candidate, I do not know whether there is any thing openly said upon this subject in the U. S. but from what I have heard here there can be no doubt but that Mr King has entered fully into the views of the federal party in their intended opposition to Mr. Jefferson on the next Election, & that he is their candidate. I trust that there is nothing to be apprehended from any opposition, and if the republicans do not neglect their own interests, & lose ground by too much confidence in their strength, or too much generosity towards the adverse party, the victory may be so signal as to discourage any future attempts. It is now very manifest that federal rancour is not to be soothed by moderation, that measures of conciliation or concession on the part of a republican administration cannot mitigate the inveteracy of a spirit hostile to every republican principle; a confidence in the generosity gratitude or public spirit of federalists will be certainly abused, & the influence which they acquire or preserve thro’ your liberality, they will not fail to Employ in hostilities against you. Mr King has obtained it appears considerable reputation from the negotiation of the late convention; such as it is, I have the best opinions here to confirm my own that by a proper Exertion on his part it might have been settled long ago, & I presume he woud have been in negotiation upon the subject at this moment but for the explicit directions which he received from you contained in the dispatches which I had the honor to take from you; thus he has positively no merit in this affair, & the discredit of having overlooked or neglected one or two important points. Previous to Mr Kings final departure from this country he will exert himself to secure an interest in the state of Maryland by obtaining a favorable conclusion to that hitherto woefully neglected business respecting the Bank stock; woud it not be well if this & every thing else which may probably add to his popularity or credit might lay over for his successor? Mr Pinkney I find is a decided enemy to Mr King, & disapproves of his ministerial conduct here; he has told me that he considered him Extremely unfit for his situation, & that he will always be a most determined opponent to his political views: I beleive that you do not personally know this gentleman, & as he may probably one day make himself of very considerable political importance, it may not be improper to say something of him also. That he is a man of unquestionable abilities I presume you may have found from his official communications; he is certainly the very soul of the board of commissioners, nothing woud be done without him in fact he may be said almost to do all the business himself; feeling that the time of his activity & usefulness was wasting here, he has exerted himself most strenuously & with great effect to push forward the decisions of the board, & to bring to a conclusion this business over which his colleagues woud be content to sleep for years: As our object is the same, in the prosecution of his views my assistance is necessary, & I have given him continual proofs of my disposition to second his zeal & exertions, we have therefore as far as relates to this always preserved the best understanding: In politics he has the appearance of candor, but at the same time some fixed opinions, with a temper so uncontroulable as to afford little hope of his ever being a supporter of the present administration, tho the violence & depravity of the opposition will be very likely to neutralize him; In conversation his language is correct & even Elegant, his conceptions remarkably quick, but he has the fault of forming his Opinions too suddenly, & does not give his judgement time to mature propositions; this gives him the air of inconstancy; he appears to have an high sense of honor & a determined spirit, perhaps not a good temper: I have been told that he is extremely indolent, but that report does not agree with any observation which I have made, or with the impression which one must receive from his conversation.
As to the general state of things here, every day seems to add something to the degradation of this country, & the supremacy of Buonoparte; they are waiting with the utmost anxiety for some commercial advantages which they vainly expect to derive from an Arrangement with the french government; in the mean time their funds continue low, perhaps 18 out of 25 Millions of their last loan is mortgaged to the Bank; they seem hitherto not to have realized any great advantages from the peace, or to have any ⟨v⟩ery promising prospects as to the future. The late general Elections wherever the popular Voice has had an opportunity of declaring itself have been in favor of Opposition; I do not say in favor of liberty, for that is out of the question here, if there ever was any disposition that way Buonoparte has entirely destroyed it; their constitution as they call it will therefore be coeval with their public credit which will not die a sudden death: Ireland is yet dissatisfied; subdued perhaps, but not conciliated.
Mr Lewis whose delay here has been occasioned by the difficulties which he has met with in Establishing his claim before the Board of commissioners, returns now to the Seat of government as a matter of duty, having been refused an Exequatur upon his commission as consul to Calcutta. He is a man of very good sense, full of spirit & activity, of a very firm & Energetic character, & a sound republican: He will be able to give you some interesting details respecting our proceedings here, that is if you encourage him in such conversation; otherwise his apprehensions that it may not be acceptable will prevent his offering you even his information. Mr Lewis may probably solicit another consular appointment, & from the manner in which the President bestowed the last upon him, I presume he will succeed: since he & myself were at Washington together I have known him still more intimately, & am well convinced of his firm attachment to government, & that any trust may be safely reposed in him: But the navy department is that in which he woud be most Serviceable, his particular information in every branch of which added to his other qualities woud there make him really a valuable acquisition, he is fit Either for the command of a frigate or the direction of a navy yard. Beleive me Dear Sir with perfect respect & attachment always most sincerely yours
George W Erving

PS I have forwarded my Accts up to 30th June to your department, will you be so good as to instruct me whether in future they shoud be sent to the Treasury & by what vouchers they shoud be accompanied.
GWE

Septr. 3d.
Dear Sir
The principal subject of the foregoing letter leads me to add the mention of a conversation which took place between Mr Pinkney & myself last Evening, at which Mr Lewis (who went with me to take leave of Mr P having received considerable attention from him in his claim before the Board) happened to be present: It commenced by my enquiring whether what I heard was true as to Mr Gore’s having been left chargé d’affaires by Mr King, he assured me that it was so; I expressed my surprize at the thing itself, & at Mr King’s making no communication on this subject to me, & from thence took occasion to make some remarks upon his general conduct as Minister; this induced Mr Pinkney without any reserve to express his opinion against Mr Kings conduct, & against the conduct & policy of the administration in continuing him in Office; he said that the federalists attributed this to a fear of Mr King, that it was a weakness from which Mr K’s party derived strength, that he had not only been kept in Office but complimented & flattered by the administration, & that they were Even now charging him with commissions from the Execution of which he woud derive credit & popularity; I asked whether he thought Mr K. woud be able to settle the business respectg Maryland Bank stock; he answered “if he does negotiate successfully upon that subject he certainly will be president, I will insure him.” That he had known a long time since of Mr Kings plan, that when Mr Jefferson came to the chair Mr King laid himself out to court the administration, but that latterly his conduct was extremely altered, & that he talked in a very independant manner (eve[r]y person who has been lately in the habit of seeing Mr King must have made this observation). Without being more minute (& I fear you are long since fatigued) such was the Stile of his conversation; which I have repeated principally because his opinions support some of the suggestions which I have ventured to make. I wish that I may not have risqued something of your good opinion by writing with so little reserve, I make a great demand upon your candor, but I trust that you will attribute this to the motives which really & which only influence me a perfect devotion to Mr Jeffersons principles & administration. With true respect Dear Sir Your Very faithl & obt St
George W Erving
PS.
It will not impeach Mr Pinkneys integrity or the force of his opinions, to surmize, that his wish may probably be that government shoud intrust the negotiation respecting the Maryland Bank Stock to himself; I suspect this is so; the popularity which he might in this way acquire in his own state woud be very important to him, & perhaps less dangerous to the general interest.

   RC (MHi: Erving Papers).

   Letter not found.

   On the question of allowing interest on claims, see Moore, International Adjudications, 4:109–20.

   Erving might have been referring to his own experience when he first met JM at Montpelier in 1800 (Monroe to JM, 6 Nov. 1800, and JM to Monroe, 10 Nov. 1800 [two letters], PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 17:431, 432 n. 3, 434, 435).

   Erving here interlined: “want of confidence in themselves (the administration).”


Title: To James Madison from Robert R. Livingston, 1 September 1802
From: Livingston, Robert R.
To: Madison, James

(No. 22)
Dear Sir,
Paris 1st. September 1802
I yesterday made several propositions to the Minister on the subject of Louisiana. He told me frankly that every offer was premature, that the French Government had determined to take possession first—so that you must consider the business as absolutely determined on. The armament is what I have already mentioned and will be ready in about six weeks. I have every reason to believe the Floridas are not included. They will for the present at least remain in the hands of Spain. There never was a government in which less could be done by negotiation than here. There is no people no legislature no counselors one man is every thing—he seldom asks advice and never hears it unasked—his ministers are mere clerks & his legislature & counselors parade of ⟨ficers. Tho the sense⟩ of every reflecting man about him is against this wild expedition no one dares to tell him so. Were it not for the uneasiness it excites at home it would give me none for I am persuaded that the whole will end in a relinquishment of the country and transfer of the Capital to the United States. Their islands call for much more than France can ever furnish. The extreme hauteur of this government to all around them will not suffer peace to be of long continuance. The French Minister at Lisbon it is said is coming home without taking leave. England is very sour. The debts due the Northern powers unpaid as well as ours tho’ their justice is admitted. Helvetia is still in arms the little Cantons not acceding to the new form of government. I propose to make an excursion of about 15 days into the low countries—as I find nothing pressing at this moment here that I can forward by my stay. I am Dear Sir, with much esteem and respect your Obt. Hle. St.

   RC (NHi: Livingston Papers); draft (ibid.); letterbook copy (NHi: Livingston Papers, vol. 1). The RC is a letterpress copy marked “Duplicate,” in a clerk’s hand, unsigned; docketed by Wagner. Italicized words are those encoded by Livingston’s secretary and decoded here by the editors. RC decoded interlinearly in an unidentified hand. Words in angle brackets are obscured by a fold in the RC and have been supplied from the letterbook copy.

   The French conquered Switzerland in 1798 and imposed a regime and a constitution similar to their own. Swiss resistance to the country’s reorganization as the Helvetic Republic was fierce, if sporadic, and once French troops were withdrawn from the country in May 1802, the government was overthrown. This provoked the French to reoccupy the country in October 1802 (James Murray Luck, A History of Switzerland [Palo Alto, Calif., 1985], pp. 305–12).


Title: To James Madison from George Simpson, 1 September 1802 (Abstract)
From: Simpson, George
To: Madison, James

1 September 1802, Bank of United States. “I have been honord with yours of 26th. Ulto. enclosing the Treasurers Check for eighty two hundred dollars—which amount is credited to the Secretary of State for the time being &c—as requested.”

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


Title: From James Madison to Thomas Jefferson, 3 September 1802
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Sep. 3. 1802
I have duly recd. yours of the 30th. Ulto. with the several papers to which it refers. I have directed the commissions for Shore & Bloodgood to be made out, and have sent the extract from Clark’s letter as you required to Genl. Dearborn. He had however been made acquainted with it by Mr. Brent, before the letter was forwarded to me. May it not be as well to let the call for the Dockets be a rule of Congress, as there is no specific appropriation for the expence, and a regular call by the Ex. might not be regarded as within any contingent fund? to this consideration it may be added that the Ex. have no power over the Clerks of the Courts, & that some of them might refuse to comply from a dislike to the object. When the object was not known, there was a manifest repugnance in some instances. Your final determination in the case shall be pursued. I have thought also that it might be as well to postpone till the reassembling at Washington any general regulation with regard to the appointment of Commissioners of Bankruptcy; but shall in this case also cheerfully conform to your pleasure.
Mr. Brent informs me that he has sent you copies of Eaton’s letter of May 25–27. & Cathalan’s of June 10. It does not seem necessary that the communications of the former should be made the subject of further instructions till we receive further accts from other sources. Thornton you will see is renewing the subject of the Snow Windsor; May he not be told that the remedy lies with the Courts, and not with the Ex. The absence of the Vessel can no more be a bar to it, than the sale was. It seems proper however that the irregularity in sending the vessel out without the legal clearance should be prosecuted. The law is I believe defective on this point. The Correspondent referred to in Steel’s letter is, I take it, Mr. Brown the Kentucky Senator. Yours with respectful attachment
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 5 Sept.

   See Edward Thornton to JM, 27 Aug. 1802.

   See John Steele to JM, 20 June 1802, and n. 1.


Title: To James Madison from Thomas Jefferson, 3 September 1802
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Sep. 3. 1802.
Yours of the 1st. was received yesterday. I now return the letters of Higginson, Davis &c. praying that a public vessel may be sent to demand their vessels of the Viceroy of La Plata, indemnity for the detention, & a full performance of existing contracts with the Spanish merchants of La Plata. It would certainly be the first instance of such a demand made by any government from a subordinate. Certainly we have never sent a ship on such an errand. I cannot also but repeat the observations made in mine of the 17th. that among the papers sent you by the merchants there were but two or three cases so specified as that we could form any judgment about them, & even for these some very material information was wanting to shew that they went under license, all commerce with a Spanish colony being primâ facie contraband. As to the other cases they named only the ships & masters, which cannot but excite some doubts of contraband. I see no reason for departing from the regular course and committing our peace with Spain by a vapouring demand of what, for any thing which has been shewn, may turn out to have been smuggling adventures. The merchants must pursue their own measures in the first place, and for such cases as they shall shew to have been contrary to right, we must aid them with our interposition with the Spanish government. In the mean time mr. Pinckney should be desired to look into the cases should they go there, satisfy himself of those which are right, ask redress for them, abandoning those evidently illicit: except indeed so far as sudden changes of their regulations may have entrapped a bonâ fide trader.
I send you an answer from Lieper recieved yesterday. I suppose he meant the answer to my proposition as an answer to your’s also, altho’ the cases differed in a material circumstance. Accept my affectionate esteem & respect.
Th: Jefferson

   RC (DLC); FC (DLC: Jefferson Papers).

   For Thomas Leiper’s 26 Aug. letter to Jefferson (docketed by Jefferson as received 2 Sept.), see JM to Jefferson, ca. 28 Aug. 1802, and n. 4.