Title: To James Madison from Andrew Ellicott, 15 July 1801
From: Ellicott, Andrew
To: Madison, James

Geo. Town July. 15th. 1801
Mr. Ellicott presents his most respectful compliments to his friend Mr. Madison, and requests, (if it should not be improper,) the favour of having for two, or three days, the report, and chart of our eastern boundary as returned by the commissioners. Mr. Ellicott was informed by Mr. Pickering, that the report contains some very important observations, for the determination of the source, and the mouth of the River St. Croix, which was enjoined by the late treaty between the U. S. and his Britanick Majesty. Mr. Ellicott has nothing in view by this request, but to obtain materials for compiling a correct map of the U. S.

   RC (DLC). Docketed by JM. Notes on cover in JM’s hand: “Letter to Mr King / Instructions to Livingston / do. to Erving / do. for Graham / Circular to Consuls to send accts. / write to Read on subject of agents for Brit: debts / Arrangements for requisitions / do. for blanks / Mo[u]ntflorence’s letter as to seamen.”

   In accordance with article 5 of the Jay treaty, a commission consisting of Americans David Howell and Egbert Benson and the Nova Scotian Thomas Barclay was appointed in 1796 to “decide what River is the River St Croix intended by the Treaty” as part of the boundary between Maine and Nova Scotia and to determine its mouth and source. The commissioners concluded that the river designated in the 1783 treaty as the St. Croix was the Schoodic River. On 25 Oct. 1798 they signed an agreement fixing the river’s source at the most remote head of the northern branch and its mouth level with the town of St. Andrews (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:249; Alfred Le Roy Burt, The United States, Great Britain, and British North America from the Revolution to the Establishment of Peace after the War of 1812 [New Haven, 1940], pp. 161–65).


Title: Memorandum from Thomas Jefferson, 15 July 1801
From: Jefferson, Thomas
To: Madison, James

July 15. 1801.
Whether prizes & the proceeds of them taken after the date of the treaty with France can be restored by the Executive, or need an act of the legislature?
The constitution has authorised the ordinary legislature alone to declare war against any foreign nation. If they may enact a perfect, they may a qualified war, as was done against France. In this state of things they may modify the acts of war, & appropriate the proceeds of it. The act authorising the capture of French armed vessels & dividing & appropriating their proceeds, was of this kind.
The constitution has given to the President & Senate alone the power (with the consent of the foreign nation) of enacting peace. Their treaty for this purpose is an absolute repeal of the declaration of war, and of all laws authorising or modifying war measures. The treaty with France had this effect. From the moment it was signed all the acts legalising war-measures ceased ipso facto; and all subsequent captures became unlawful. Property wrongfully taken from a friend on the high sea is not thereby transferred to the captor. In whatever hands it is found, it remains the property of those from whom it was taken; and any person possessed of it private or public, has a right to restore it. If it comes to the hands of the Executive they may restore it: if into those of the legislature (as by formal paiment into the treasury) they may restore it. Whoever, private or public, undertakes to restore, takes on themselves the risk of proving that the goods were taken without the authority of law, & consequently that the captor had no right to them. The Executive, charged with our exterior relations, seems bound, if satisfied of the fact, to do right to the foreign nation, & take on itself the risque of justification. Submitted to mr. Madison’s consideration.
Th: J.

[Addendum]
To the preceding observations it may be added that the stipulation to restore vessels taken after the treaty is only pro majori cautelâ; as, without that, the right to demand & the duty to restore, would equally exist.
Nor is the objection good that till ratificn. the treaty is not compleat: because when ratified, it is confirmed ab initio.
These observns. respect only vessels taken after the signature of the treaty. But it is said there is one vessel taken before the treaty but not yet condemned. I suspect this will stand on very different ground. By the law of nature, property is transferred by the act of capture, which act is compleat when the victory is absolute. The act of Congress July 9. 1798. says ‘all armed vessels captured shall accrue to the captors, & on due condemnation shall be distributed &c.’ This confirms the natural law. The property vests by the capture; the condemnation is only the declaration of a fact, to wit, that the capture was rightful, & a partitioning among the owners. If condemnation was an act of war, it would be made unlawful by the treaty: but it seems to be a mere municipal act or decision between inter-claiming citizens. If the property was definitively transferred by the capture under an existing act of the legislature who were competent to the passing that act, it may be doubted whether the Presidt. & Senate, can retrospectively annul that. The legislature can; and they ought in good faith to the foreign nation to make the restitution; but also to give indemnificn. to the captors, whose legal acquisition is taken from them for the purposes of public peace.

   Ms and addendum (DLC); FC of Ms (DLC: Jefferson Papers). In Jefferson’s hand. Ms docketed by JM. Internal evidence suggests that Jefferson appended the undated document to the memorandum.

   Pro majori cautela: “for greater caution; by way of additional security. Usually applied to some act done, or some clause inserted in an instrument, which may not be really necessary, but which will serve to put the matter beyond any question” (Henry Campbell Black, Black’s Law Dictionary [5th ed.; St. Paul, 1979], p. 1092).


Title: To James Madison from William Vans Murray, 15 July 1801
From: Murray, William Vans
To: Madison, James

No. 9.
Sir,
Paris 15 july 1801.
From a conversation which I had two days since with one of the French Ministers, I understand that they are deliberating upon the choice of one of the two following modes of ratification:
To ratify on condition of reciprocal abandonment of pretentions under the 2d. article; or,
To ratify on our terms, but with a declaration incorporated in the language that they consider the Suppression of that article as an abandonment of all claims & pretentions under it. I can answer for the substance only, as it is from conversation that I learn it.
I believe Sir & wish that they will pursue the last mode.
Nothing will be done on my part to affirm their construction of the motives which led the U. S. to the Suppression.
Next to a pure and simple adoption of our act, the last appears to me to be the best for the United States; and if nothing better can be done, I shall exchange on their offering me such a ratification.
The frigate will have sailed about this time I presume. I have the honour to be with great respect Sir yr. mo. ob. hble sert. &c &c &c
W V Murray

   RC (DNA: RG 59, DD, Netherlands, vol. 4). Marked duplicate; docketed by Wagner as received 21 Nov.


Title: To James Madison from Chandler Price, 15 July 1801
From: Price, Chandler
To: Madison, James

Sir,
Philada. 15 July 1801
Permit me to hand to you herewith the papers in two cases of late capture of American vessels and property by the British.
If the British have a right by Treaty to carry in American property on suspicion for adjudication, It is against the monstrous abuse of that privilege and the cost of expenses they throw upon the captured, even in cases where the vessels and property are cleared as pure & guiltless that I with thousands of others complain with too much justice.
The two particular cases which I now beg leave to call your attention to are the Brig Amazon, owned by Benjamin Morgan, Henry Sparks Junr. and myself, native citizens, and loaded with the property of American citizens only, captured on her passage from Cape Francois to Philadelphia, by the British ship of war Tisiphone William Davie Commander and sent into Jamaica.
The next is the Brig Delight, Glazior master belonging to Henry Sparks Junr. and myself, native citizens, and loaded with the property of Americans entirely, captured on her passage from Port Republican to Philadelphia by the same vessel and Commander, afterwards recaptured by the Spaniards, carried by them to Carthagena and there condemned as a prize from the British.
Both those vessels were sent from Philadelphia and captured coming back, having returns on board for their outward cargoes with the usual proofs of the property being entirely American, and the vessels had Registers and every proper document. Both, by the issue of the trials at Jamaica have been declared innocent and accordingly acquitted with the small exception of twenty three barrels Coffee on board the Amazon, belonging to Mr. Dumas of this City whose citizenship was questioned notwithstanding the usual evidence and his property condemned. But they were acquitted paying costs of suit, and in case of the Amazon agreeably to the present practice of the Courts of Jamaica, the Captors were allowed to appeal and hold the property. The Claimants appeal from this, the property of vessel and cargo is then valued and Claimants give security therefor and send the property to their friends, or sell it as they see proper, thus the Captors are allowed to make a second capture in the port, for if their own Courts who are to be the Judges of the legality of the capture declare the property neutral and acquit it as such, and then suffer the Captors to appeal it can only be called a new capture in port, and the poor neutral is obliged to wade through new Courts to encounter endless expenses in High Courts of Appeals in England and wait years for a decision. Interim, he is perhaps ruined.

Dolls

The Costs of Suit of the Amazon in Vice Admiralty Court in Jamaica was about
8,900

Insurance made by Agents there to secure them for expenses in case of loss to Philada.
2,884

Additional expenses incurred by detention, Injury to vessel, damage to Cargo and plunder at least
3,000

Loss of Cargo coming home, thrown overboard to save vessel and cargo when on Rocks
 5,000

Nineteen thousand seven hundred & eighty four dollars exclusive of Interest, damages &c.
19,784

Delights Case.

Costs of suit in Vice Admiralty Court and expenses

ascertained
£804.19.2

  343. 5.0

Jamaica Cury
£1148. 4.0
is    $3,444

Sundry other expenses already paid

 1,800

$5,244

Damage, detention Interest &c: whole acct: not ascertd:

5,000

Expenses not ascertained supposed to be the same as Amazons

3 700

Thirteen thousand nine hundred forty four Dolls

 13,944

In all, Thirty three thousand seven hundred & twenty eight Dollars

$33,728

I do not put down these imaginary charges to swell the list, but to shew what probably is the real loss, but in these two cases the papers will set forth the actual charges and will show you to what insults and abuses the American Trade is subjected in the British Vice Admiralty Courts in the West Indies.
The Charges are of that magnitude to call for national redress, often does it happen when the property is cleared that the expenses amount to a total loss, besides waste of time, interest and other damage—and sometimes, indeed frequently it has happened that the claimant has found it worse than a total loss. And sometimes when the property has been condemned the Claimant has been obliged to find some how or other many thousands Dollars to pay costs of suit. To all of which the Insurance Offices and merchants throughout the United States can testify.
The delights case is a particular one, perhaps belongs more to a ministerial Representation than to the Courts of Admiralty, being captured by a Kings ship, recaptured by the Spaniards before she arrived at the English port. Have we not a just claim on both the English and Spanish Governments? The documents of the recapture are not yet at hand.
The papers in these cases are so voluminous that I have not coppied them and trust to you to preserve the originals, it was my first intention merely to have sent them to you with a few lines, but the subject is so big with matter I have been induced to write much.
The magnitude of the object, the honor of our Country and my good intentions is the apology I offer to you Sir, for thus intruding upon you. I am Sir, with due consideration Your most obedt. servt.
Chandr. Price
P. S. Resting on the letter of Mr. W Jones in my behalf, I take the liberty to enclose a recommendation in favor of my friend Mr. David Morgan. Your obedt. servt.
Chandr. Price

   Tr (CSmH). Sent as enclosure in JM to Rufus King, 28 July 1801. Press copy of Tr (DNA: RG 76, British Spoliations, 1794–1824, box 10) is docketed by King as received 20 Sept. Enclosures not found.

   William Jones to JM, 22 July 1801.

   Letter not found.


Title: To James Madison from William Eaton, 15 July 1801 (Abstract)
From: Eaton, William
To: Madison, James

15 July 1801, Tunis. Gives account of his audience with bey where he protested the insult American consul Cathcart received during his voyage from Algiers to Leghorn. Bey rejected the protest, insisting Cathcart was a troublemaker, but the next day bey became conciliatory. Encloses letter of protest to bey. All is tranquil for the moment. Believes he has new evidence that the Algerine intriguers Baccri and Busnach “were the sole cause of sending the Washington to Constantinople.” An informant assures Eaton that these scoundrels “Gain’d four hundred ⅌ Cent on the Washington’s Cargo.”

   RC and enclosure (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC 3 pp.; marked triplicate; in a clerk’s hand; docketed by Wagner as received 22 Oct. Copy (DNA: RG 59, CD, Tunis, vol. 2, pt. 1) includes postscript of 18 July noting arrival of Dale at Porto Farina; marked by Eaton: “Passed open to Mr. Cathcart.” Enclosure 3 pp., in French.

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


Title: From James Madison to Louis-André Pichon, 16 July 1801 (Abstract)
From: Madison, James
To: Pichon, Louis-André

16 July 1801, Department of State. Acknowledges receipt of Pichon’s 10 July note listing the different points contained in previous letters. Responds to them in numerical order, omitting the fifth, which JM has already answered. Defers answering the first as much for reasons Pichon indicated as because the current situation does not suggest a need to interpret the treaty immediately regarding privateers and prizes. 2. The circumstances of the properties that the treaty obliges the U.S. to restore differ. The executive has the right to make restitution for some, and the legislature alone can do it for others. Those that the president can restore will pose no difficulty, but it would be better to resolve each case according to its individual circumstances. 3. There should be no difficulty with Pichon’s receiving restored property, in light of the power his government gives him on the matter of individuals who have a right to these restorations. Pichon cannot exercise any coercive functions, since they are not sanctioned by legal authority. 4. In cases where the half of the proceeds of prizes that accrues to the U.S. has not yet been turned over to the treasury, it is understood that the president has the right to dispose of it in conformity with the treaty. He will probably have some difficulty in cases where the money is subject to a court’s orders. 5. Careful research in the Navy Department has proved that the frigate Insurgente no longer existed at the signing of the treaty. This being the case, the treaty stipulates something that is impossible, and the clause ought to be considered null. Thanks Pichon for the extract of Lacrosse’s letter and the copy of Pichon’s letter to Lacrosse.

   Tr (AAE: Political Correspondence, U.S., 53:262–63). 3 pp.; in French.


Title: To James Madison from James Adamson, 16 July 1801 (Abstract)
From: Adamson, James
To: Madison, James

16 July 1801, Ostend. Notes service as U.S. consul in Ostend prior to the outbreak of the undeclared naval war with France. He was arrested, later released, and carried on consular duties. Has learned through French newspapers of several recent consular nominations and asks for an appointment in Ostend “or any other place” where his services would be useful to U.S. Mentions favorable references from Murray and Skipwith. Postscript dated Paris, 3 Aug., in Murray’s hand, indicates Adamson has “done very well.”

   RC (DNA: RG 59, ML). 2 pp.; docketed by Wagner as received 5 Nov.


Title: From James Madison to William Eaton, 17 July 1801
From: Madison, James
To: Eaton, William

Sir,
Department of State Washington 17 July 1801
Enclosed is the invoice of the ship Peace and Plenty, which carries out the last cargo of the stores, stipulated to be delivered to the Bey of Tunis. We hope they will be favorably received, and that the business of the present of jewells has been arranged at as small a sacrifice as possible. By the last advices from Mr. King it is probable, that they have before now arrived at Tunis. If you have saved the whole or any part of them, it may answer a good purpose to let Mr. OBrien and Mr. Cathcart know confidentially and in cypher what the reserved portion consists of, in order that they may now or on a future occasion apply them to some demand which necessity may compel an acquiescence in.
You will inform Mr. Cathcart by letter, that we have received very ample details from him of his proceedings with the Bashaw of Tripoli up to the 13th. of March; and that we are well satisfied with the prudent alarm he gave to the American trade on the appearance of danger from Tripoli. We hope that the timely arrival of Commodore Dale, with his squadron, and the continued refusal of the Bashaw to receive the douceur, offered by Mr. Cathcart, will have saved it to the public. I am, very respectfully &c.
James Madison

   Letterbook copy (DNA: RG 59, IC, vol. 1). Enclosure not found.


Title: Memorandum to Thomas Jefferson, [17 July] 1801
From: Madison, James
To: Jefferson, Thomas

[17 July 1801]
The following memoranda, & the inclosed letter from Mr. Dallas will present to the President the state of the information in the office of State on the subject of the indictmt. under the sedition act agst. Duane, at the request of the Senate. The President will observe, that another prosecution agst. him, at Common law, is pending in the same Court.

16. May. 1800.Mr: Lee’s letter to Mr. Ingersol directing prosecution vs Duane for libel on the Senate, agreeably to Resoln. of Senate
25. March. 1801.Mr. Lincoln’s letter to Mr. Dallas for stayg. prosecutions under sedition law, except that vs. Duane requested by Senate
31. March.Mr. Dallas’s answer (inclosed)

9. AprilMr. Lincoln’s reply—authorizing him to engage Counsel at public expence—is at a loss what direction to give as to the prosecution at common law, for violating Liston’s letters, the President being absent—recommends a continuance of the cause, which is sd. to have taken place.

Lord Mansfield’s state of the doctrine of Capture & condemnation will be seen p. 692–3–4. of 2 Bur. herewith sent. The act of Congs. Mar. 3. 1800 as to salvage in cases of recaptures, enters into the enquiry. Contrary to the act referred to by Mr. Jefferson—it favors the necessity of condemnation, at least in Sec. 3. concerning alien friends. In the case of recaptures of the property of Citizens, to whom national protection is due the restitution might be construed into an indemnification for witholding the necessary protection.

   Ms (DLC: Jefferson Papers). In JM’s hand; docketed by Jefferson as received 17 July, with the notation: “Deptmt. of State. Prosecutions v. Duane and v. Thomas.” Enclosures not found.

   William Duane’s troubles with the Senate stemmed from his exposé of a Federalist scheme to prevent Jefferson’s election that culminated in a Philadelphia Aurora article on 19 Feb. 1800. The Federalist-dominated Senate retaliated with a resolution on 14 May requesting Duane’s prosecution under the Sedition Act. Duane’s trial was set for the October 1801 term of the federal circuit court. For the details, see Smith, Freedom’s Fetters, pp. 288–306.

   See Coxe to JM, 1 May 1801, n. 8.

   In a 1758 insurance case involving the loss of a British ship to a belligerent, Mansfield on a collateral matter had said that the point between capture and condemnation when rights of property transferred to the captor was arbitrary; thus there was “great Incertainty and [a] Variety of Notions” among countries and commentators in establishing a legal precedent. To clarify the matter Mansfield held: “If the Ship taken by an Enemy escapes from the Enemy, or is retaken; or if the Owner redeems (ransoms) the Capture; his Property is thereby revested” (James Burrow, comp., Reports of Cases Adjudged in the Court of King’s Bench since the Time of Lord Mansfield’s Coming to Preside in It [2d ed.; 5 vols.; London, 1771–80], 2:693).


Title: From James Madison to Richard O’Brien, 17 July 1801
From: Madison, James
To: O’Brien, Richard

Sir,
Department of State Washington 17 July 1801
You will receive this from Capt. John Shaw, commander of the Frigate George Washington, which carries a cargo, as per the three enclosed invoices, viz No. 1. of ship Timber, naval and military stores, in pursuance of the order transmitted by you last year, and some cables and gun-carriages, you had borrowed of the Regency for the use of the Polacre Dey. It also includes some masts not ordered, but which were put on board to fill up the vessel, under the opinion that they would be acceptable to the Regency, and at the same time turn out as a favorable article of remittance. No 2 contains a portion of the articles you designed for distribution on the arrival of the timber, and No 3 some articles procured for the Bacri’s and not sent last year. These last articles they are to pay for.
If on the arrival of the George Washington at Gibraltar it shall be found, that we are at war with Tunis, and at peace with Algiers, the ship Peace and Plenty, which sails under her convoy with the last cargo of the Regalia for Tunis, is to proceed to Algiers and deliver the cargo to you. It is expected, that the Dey will in that case be willing to take it at a favourable valuation. Should he refuse it, the Peace and Plenty must proceed to the nearest and most suitable neutral port and sell it on account of the United States; but as it consists of articles which are considered by some of the belligerent powers as contraband it is in no event to be sold in the port of a power at war.
The President has not yet fixed upon a suitable character to succeed you in the office of Consul General; but his decision will not be delayed longer than the time when the next vessels shall be ready to sail for the Mediterranean and he may probably relieve you sooner.
It is desireable to have in this Department (and you will transmit it as soon as convenient) a drawing of the kind of Galley used by the Algerines, exhibiting their construction, with a description of the mode of manning, equipping and navigating them, and also the peculiar mode of warfare for which they are adapted and used.
I have only to add, that no delay will be made in collecting and forwarding the balance of the order of which the George Washington’s cargo is the first remittance. I am, Sir, very respectfully &c.
James Madison
P. S. You will in no event allow the Dey to make use of the George Washington for any purpose similar to that for which she was employed when last at Algiers: but if Commodore Dale should not be at hand, you will endeavor to procrastinate the Dey’s designs upon her, until you can acquaint him with them, which you will accordingly do with the utmost dispatch, after you shall have discovered that the Dey seriously meditates such an hostile act.

   Letterbook copy (DNA: RG 59, IC, vol. 1); Tr (DNA: RG 45, Subject File). Enclosures not found, but see Whelen to JM, 14 July 1801.


Title: Memorandum from Thomas Jefferson, [ca. 17 July] 1801
From: Madison, James
To: Jefferson, Thomas

[ca. 17 July 1801]
It is objected that the act of Congress Mar. 3. 1800. c. 14. sect. 1. 2. entitles a citizen owner of a vessel to restitution until the vessel has been condemned by competent authority on paying salvage to the captor. Every man, by the law of nature, and every fellow citizen by compact, is bound to assist another against violence to his person or property. Tho’ therefore by the law of nature the property of the sufferer has past to his enemy by capture, yet if it be retaken, most states, if it belong to their own citizen, & is retaken by their own citizen, oblige him to restore it, on recieving paiment for the risk & trouble of recapture. This is done by the 1st. & 2d. sections of the act. In the like manner if the property taken belonged to a friend, & was retaken by their citizen, they compel restitution, provided the laws of the friend would in the like case have compelled restitution to them. This is the object of the 3d. section of the act beforementd. As some limit however is necessary to the claim of restitution, some nations have determined it when the property was carried infra presidia of the enemy: or into their fleet, or after a pernoctatio, or 24 hours; some not till condemnation in a competent court. The latter is the English rule, and Congress in the act beforementioned has adopted it for the US. But the circumstance of condemnation is thereby made material only in the case of goods taken by an enemy from a fellow-citizen or friend & retaken and restitution claimed, or in the case of enemy’s property taken, and an inter-claim of partition among the captors. And the intervention of a court is made necessary in these cases, only on behalf of the rights of the friend or citizen; not out of any tenderness to the rights of the enemy whose property has been taken; not to save that to him in any case. Suppose a citizen of the US. had sole taken a French armed vessel, & without carrying her into court at all, a treaty of pacification had been made containing no provision for restitution. The law of nature says the property was transferred by the capture, and no law of the US. has made it necessary for a sole-owner to go into any court. Surely, after the peace, the former French owner, could not recover the property in our courts. The result of this is that adjudication is not necessary to secure the property in the captor but in the cases of recapture, or of contending parceners: that the transfer is compleat without it, by the mere act of capture.
But while it is clear enough that an enemy cannot claim the benefit of these acts requiring adjudication in certain cases, because not made for him, yet the doubt remains whether the treaty made by the president & Senate was not competent to render adjudication a necessary circumstance, even in favor of the enemy. The treaty has certainly done this, & retro-actively. Their competence depends on the extent we give to the words of the constitution empowering them ‘to make treaties.’ These words are very indefinite: but surely we must never admit them to be of universal comprehension: and if we must of necessity give them some definite extent, I do not know a more rational one than ‘to those things usually settled by treaty.’ The question then assumes this shape. Is the restitution of property rightfully taken in war, among the usual subjects of treaty?

   Ms (DLC). Filed with Jefferson to JM, 15 July 1801. In Jefferson’s hand. Conjectural date based on JM’s reference to the March 1800 act in his memorandum of 17 July.

   U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:16–17.


Title: To James Madison from Tobias Lear, 17 July 1801
From: Lear, Tobias
To: Madison, James

⟨N⟩o. 1.
Sir,
Cape François, July 17th: 1801.
I have the pleasure to inform you that I arrived here on the 4th. instant, after a passage of 21 days from the Capes. We met with no Cruisers, and saw but three or four Vessels of any kind on our passage.
On my arrival I delivered your letter to Dr. Stevens, and received from him every mark of polite attention. He went with me to General Toussaint Louverture, to whom he introduced me as the person who was to succeed him in his Office. I handed my Commission to the General, who asked me if I had not a letter for him from the President, or from the Government. I told him I had not, and explained the reason, as not being customary in missions of this kind, where I should be introduced by my Predecessor, and exhibit my Commission as an evidence of my Appointment. He immediately returned my Commission without opening it, expressing his disappointment and disgust in strong terms, saying that his Colour was the cause of his being neglected, and not thought worthy of the Usual attentions. I explained to him, with temper and candour, the nature of the Appointment as not requiring those particular introductions which are given to Diplomatic Characters, and assured him of the President’s respect & consideration. He became more cool—said he would consider the matter, and desired me to see him at 9 o’clk the next morning. I went accordingly, and found with him Genl. Moyese and Genl. Christolphe, two of the principal Generals. He repeated the observations which he had made the Evening before, and added, that it must hurt him in the eyes of his Chief Officers, when it was found that he was not thot. worthy of having a letter from the President or the Governmt. I gave the same explainations wh. I had offered before. He appeared to be much hurt; but after some further conversation, said, that, notwithstanding the mortification he felt, he would give an evidence of his sincere desire to preserve harmony and a good understanding with the United States, by receiving me, and giving me all the countenance and protection, in the execution of my Office, which I could desire. I left my Commission with him to be translated and recorded, and received it back the same evening. Since that time I have had no cause to complain of a want of attention.
I enclose you several papers printed here, by which you will see the Arretes which have been passed at different times respecting Commerce. That of the 18h of Floriel seemed to bear hard upon the American Merchants settled in this Island. Dr. Stevans had remonstrated against it. Several Americans were put upon the list of Consignees; but many remained without that priviledge. On the 18th instant I wrote to the General on the subject in strong but temperate terms. His answer was expressive of warm wishes to favour the Commerce of the United States; but still reserving to himself the right of judging of the qualifications of those who were desireous of being allowed to become Consignees. Since that time he has, however, granted permission to all the Americans settled here (about 20) excepting two or three, and I have reason to suppose that the same has been extended to those settled in other parts of the Island.
I have heard of no Captures by the British since I have been here, and do not learn that they have any Cruizers on this side of the Island. There are 32 American Vessels now in this Port. Flour, Fish and Dry Goods constitute almost all their Cargoes. The first of these Articles is 16½ dolls. pr bbl—Herrings 6½—Dry Goods sold at a loss. Coffee is 24 sous (abt. 15 Cents)—good sugar 6¾ dolls. p. Cwt.
The British Agent was in Jamaica when I arrived here; but I have since been informed that he has arrived at Port Republican.
I have not been long enough here to form a correct opinion of the state of things in this Island. The General in Chief expresses, on all occasions, his strong wishes for a friendly intercourse with the United States.
A new and important Æra has commenced here. A Constitution has been formed for the Government of this Island, by Deputies called together for that purpose by the General in Chief. It was read in public, with great parade, on the 7th instant. The papers which I send you will shew the Addresses which preceded and followed the reading. It is not yet printed for the public. It declares Genl. Toussaint Louverture Governor for life, with the power of naming his successor. It is to be submitted to the French Republic for approbation; but in the meantime, it is to have effect here in the Island.
I shall have the honor of writing to you more fully in a few days, by the Brig Neptune, in which I came out, and which returns directly to Alexandria. By that time I hope to get a Copy of the Constitution which I shall forward to you. At present I shall only add, that I have this moment received a letter from the Governor informing me that provisions are much wanting at Port Republican, and requesting that I would communicate it to the Merchants here. The consequence of which I expect will be to drain this market, which is at present full, and create a demand in this place. With the highest respect & sincere Attachment I have the honor to be Sir, Your most obedient Servant
Tobias Lear.
P. S. It is past midnight & the Vessel wh. carries this sails before day light which must apologize for errors &c.

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3). Docketed by Wagner as received 6 Aug., with his notation: “The enclosed gazette is the only one in the parcel recd. of any importance. Mr. Pichon has given Mr. Smith a copy of the Constitution to publish. This is confidential.”

   JM to Stevens, 2 June 1801.

   The National Intelligencer reprinted the constitution and addresses on 10 and 12 Aug. 1801.


Title: To James Madison from Caesar A. Rodney, 17 July 1801
From: Rodney, Caesar A.
To: Madison, James

Honored & Dear Sir,
Wilmington July. 17. 1801
Altho’ as I stated in conversation before I left Washington, I was convinced the public mind here would be excited, by the extraordinary manner in which the appointment of Marshall was obtained, as well as by the appointment of the person himself, yet I did not suppose the impression would have been So deep and so general.
It has turned out on enquiry as I apprehended when I saw you, that not one Republican character we know of, was consulted by Dr. Vaughan on the Subject of the appointment. Even Mr. Dickinson himself who had given the letter of introduction, knew not a syllable of it, untill at or about the time the commission came on. It is therefore easy to account for the effect it has had on the minds of the people. I recommended as I had Said I should an acquiescence, and that we should make the best of it, but Some of our most modest and most respectable men insisted on a Step (a resignation) as necessary for political good, as they thought it to the personal reputation of Dr. Vaughan & Mr. Lewis. William Poole & Cyrus Newlin, characters unstained and examplary of the society of friends were with Mr. Dickinson, who either has or will write to the President on the Subject, and to that I must refer you for his sentiments on the business. The unsuspecting mind of this venerable Man has been imposed on, for he declares that he did not expect Dr. Vaughan would have interfered in politicks.
There is no danger of a division among us, nor do I think it is to be apprehended. We are too united in Sentiment to be seperated. Even the few concerned in the late unfortunate attempt, (for Captn. Mendenhall disclaims all privity to the business) are truly sensible of their error—and I trust every honest Republican posseses sufficient liberality to pardon, when that is the Case.
As it relates to myself personally, two or three persons, perhaps more, may be dissatisfied, because their views which I thought incompatible with the general good may have been defeated. This was naturally to be expected; but actuated if I know myself by no other than public motives. I should consider that I was deficient in nerve and principle if I did not make so Small a Sacrifice at the sh[r]ine of political duty.
I hope most sincerely that your health so important to the public welfare, has been improved since I left the City of Washington & believe me with great esteem and respect to be Dr. Sir Yours very Sincerely
CÆsar A. Rodney
P. S. Should a resignation take place (of which I have no doubt) the President I trust will delay another appointment, untill he receives full and Satisfactory information on the subject of any candidate who may apply.

July 28th. 1801.
I wrote the preceding on the day it bears date. At that period after having spent an evening at Mr. Dickinsons with those worthy characters before mentioned, it was then understood and agreed that it was essential that J. Lewis should resign. Mr. Dickinson was decidedly of this opinion, as were also those worthy characters. This was to be received as ample and Satisfactory, and the curtain of oblivion dropt over the past with a Sincere view to the welfare of the future. It was contemplated as the best method of opening the door of reconciliation, which we all thought Could not be too widely extended. Dr. Vaughan came into the measure, and was immediately sent by Mr. Dickinson, to his father in laws J. Lewis’s to get him to resign, which on his return he Said Mr. Lewis had promised to do. Finding afterwards that Mr. Lewis had only offered to resign Mr. Dickinson sent a Message to the Doctor insisting that the commission should go on immediately, as necessary to the cause of Republicanism as to their individual interest and was informed by the Doctor that it had. Until yesterday the reverse was not known to me to be the fact. After the people had been induced to believe that this event would take place, to be disappointed will have I fear the most unfortunate effect.
When it is recollected that Dr. Vaughan left this place for Washington, without the knowledge of the Republicans & on his return even denied to some having been there—When he did not whilst there state the person he mentioned as a suitable one for the marshalls office to be his father in law and even in his letter written after he returned stated him to be a connection by affinity only—When it is further recollected, that the President requested him on his return to consult the Republicans, and he without consulting any that we know of, wrote back that he had consulted them and that their wish was Mr. Lewis, it is not to be wondered that Republicans should feel on this subject, and I could wish the President really knew our Situation here in consequence thereof, for after what has taken place I am decidedly of opinion Mr. Lewis’s offer of a resignation should be accepted.
I have no anxiety about the person who shall obtain it. If Mr. Lewis can get the best recommendation personally I have no objections. My wish is that it may be given to a Republican of integrity and talents equal to the faithful discharge of the duties of his office, from character and conduct the least obnoxious to those who differ from us and most agreeable to those who think with us. With those views I would suffer no private motives no personal attachments to interfere.
That Dr. Vaughan was requested to consult the Republicans, on a proper person for Marshall you yourself well know, and the President’s late letter to Mr. Dickinson proves independent of any information communicated to me whilst there. That he returned and then wrote to the President that he had consulted there you also know, tho it is an undoubted fact that he had not. I presume it would not be delicate in Me to ask for a copy of that letter. If it would I should feel myself compelled to do it. Tho’ after denying that fact on my return most seriously he acknowledged it to Mr. Dickinson, but did not mention a man with whom he had consulted.
Since my return supposing what was advised as best to be done by those able and well disposed to judge right, would be effected I have made no communication on this Subject. Relying confidently that the whole business would be terminated by a prompt and Manly resignation agreeably to the public Will and what was understood from themselves without any embarrasment to our Chief Magistrate whose popularity and that of every part of his administration we wish Most ardently to preserve for the Safety of the great cause in which we have embarked, I declined sending on a line to any person.
I now learn that notwithstanding all that had taken place—They have been corresponding at the Seat of Government in order to gloss over if possible the transaction as it relates to themselves by retaining the commission and I regret that I have not written earlier.
You are acquainted in some degree with our present situation. Our State contains so little territory, and its body is so small, that if you touch a nerve, the impression is felt to its extremities. From all we can learn, and we have much information on this Subject from various quarters such has been the unhappy effect in this instance. Our approaching election is a very important one. A Governor of the State, a Senator of the United States depends upon it. We may add another State to the Republican constellation if the people exert themselves with zeal and vigor. It is extremely desirable that our fair prospects may not be oversha[d]owed. That the ardour of our fellow Citizens in an honest cause may not be chilled or their activity parallized, and altho it was my opinion and belief when with you and when I first returned and I accordingly acted on that foundation, that we ought to make the best of the appointment—yet after becoming acquainted with the general sentiments here, and especially of calm dispassionate and considerate men, after the transactions which have taken place here relative to a resignation and the general understanding on that subject, which from their nature have become public—I most earnestly hope that the offer to resign will be embraced.
It is true that Mr. Lewis and a few personal friends may be displeased, but the proper Measures will I trust be adopted to reconcile them. On the other hand the unhappy effect which a disappointment of the public expectation by not resigning might have upon the active Men during the season of election, would produce a political torpor fatal to the result of it.
It is important also to consider that this is the first appointment under the Republican administration. It is most earnestly to be desired that in the conduct to be adopted relative thereto, the people should behold a pledge of attention to their wishes from which they will Calculate with great confidence as to the future.
Desiring no office of Profit or honor for myself and declining all for any relative or friend, I trust you will give credit to the rectitude of my intentions.
I have conversed very freely with Colnl. Burr on this Subject, who has been So kind as to remain an evening with us, and has had an opportunity from Seeing for himself and conversing with others of discovering the real sentiment here, and whose advice, will I have no doubt receive every possible attention.
Permit me after apologising for troubling you with such a long letter to Subscribe myself yours very Sincerely
Cæsar A Rodney

   Tr (NN). For the dating and delivery of this letter, see n. 5.

   Wilmington physician John Vaughan was a prominent Republican and essayist on medical and public health issues (Dean B. Ivey, ed., “John Vaughan’s Wilmington Medical Register for 1803,” Delaware History, 14 [1970–71]: 188–89; John A. Munroe, Federalist Delaware, 1775–1815 [New Brunswick, N.J., 1954], pp. 184, 217 n. 82).

   At an 8 Mar. cabinet meeting on patronage choices, Jefferson decided to delay appointment of a federal marshal for the Delaware district pending further inquiries. The president later discussed the issue with John Vaughan, who was in Washington with a letter of introduction from John Dickinson. When he left the capital Vaughan understood that he was to approach his father-in-law, Joel Lewis, about the appointment. If Lewis declined, Vaughan was to consult with state Republican leaders about a nominee; but Lewis accepted and received his commission (Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 1:292–93, 8:75–77; Vaughan to Jefferson, 13 July 1801, Jefferson to Vaughan, 17 July 1801, Dickinson to Jefferson, 18 July 1801 [DLC: Jefferson Papers]; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:401).

   Cyrus Newlin was an early promoter of improved flour milling at Brandywine, Delaware. He and William Poole were also prominent foes of slavery in the state (Munroe, Federalist Delaware, pp. 123, 217 n. 82).

   Thomas Mendenhall had retired from the shipping business in 1797 and was seeking appointment as collector at Wilmington (Mendenhall to Jefferson, 27 Apr. 1801 [DLC: Jefferson Papers]).

   The original of this letter may have been the “open letter” that Burr presented to Gallatin the evening of 29 July and that the treasury secretary immediately sent to Jefferson. The president gave it to JM (Gallatin to Jefferson, 29 July 1801 [DLC: Jefferson Papers]; JM to Rodney, 6 Aug. 1801 [DLC]).

   Caesar Augustus Rodney, son of Thomas Rodney and nephew of the patriot Caesar Rodney, graduated from the University of Pennsylvania in 1789, studied law, and began his practice in 1793. Afterward he became a leader of the state Republican party, serving in Congress between 1803 and 1805. He was attorney general in the cabinets of Jefferson and JM.


Title: To James Madison from Samuel Smith, 17 July 1801
From: Smith, Samuel
To: Madison, James

Dr. sir,
Balte. 17t. July 1801
Mr. Patterson, who applies for the Consulat⟨e⟩ at Nantz, is the son of the former Collector (under the King) of Philada. He Adhered to the Brittish. The son is much of an Englishman & Connected by Marriage & Commerce with the English House of Nicklin & Griffith of Philada. He is a Clever Young Man, but Certainly ought not to have an Appointment. He & all his Connexions are Anglo Federal. Mr. Edward Jones, is said to be a bad appointment. He is Called a warm Fed (I do not know him). Mr. Gantt will I Concieve fill any of the Agencies will [sic]. His being Nominated to Nantes may gratify his friends.
The Appointment of Capt. McNeill to the Boston is unfortunate. I wish my Brother may be equal to the Duties of the Navy Department. A Post as Judge or Atty General would have suited him better. It may be will [sic] to Ask me about your Consuls, with every precaution you will be greatly decieved. Patterson’s appointment is I am told supported by the Chancellor. No Man hesitates at recommending. I am Dr sir your sincere friend
S. Smith

   RC (DLC).


Title: To James Madison from John E. Caldwell, 17 July 1801 (Abstract)
From: Caldwell, John E.
To: Madison, James

17 July 1801, Philadelphia. Acknowledges receipt of JM’s 27 June letter [not found] with commission as commercial agent for city of Santo Domingo and accompanying instructions. Encloses required bond and will proceed without delay to Santo Domingo.

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3). 1 p.; docketed by Wagner as received 21 July. Enclosure not found.

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


Title: To James Madison from Griffith Evans, 17 July 1801 (Abstract)
From: Evans, Griffith
To: Madison, James

17 July 1801, Philadelphia. Encloses statement of claims presented to Jay treaty commissioners, “arranged in Classes, distinguishing at one view the principal divisions of the debts whereon they are founded with their amount.” The statement is as precise as possible, given the “loose and irregular manner in which the Claims were exhibitted.” Notes that where necessary he has supplied figures for interest claimed but not calculated. “I believe it will not be improper for me to signify, That there are a few claims & parts of claims so extremely wide of the universal understanding of the Treaty, that as well from their extravagance, as from other reasons collected from existing circumstances I am impressed with the opinion they will not be prosecuted—but I cannot presume to designate the Cases nor to imagine their amount, all being equally claims before the Board at present.” Notes in postscript that he has “converted the sterling into Dollars at an exchange of 4 44/100 ⅌ £ stg.”

   RC and enclosure (DNA: RG 76, Great Britain, Treaty of 1794); letterbook copy (CSmH: Philadelphia Commission Letterbook 1). RC 2 pp. Postscript not on letterbook copy. Enclosure 11 pp.; docketed by Wagner as received 21 July.


Title: To James Madison from Peter Muhlenberg, 18 July 1801
From: Muhlenberg, Peter
To: Madison, James

Dear Sir
Philadelphia July 18h. 1801.
The Revd. Mr. N. Irwin—whose Person and Character You are acquainted with, requests me to write to You, in behalf of his only Son Henry—who wishes to obtain a Commission in the Army of The United States. Mr. Irwin informs me, that he, some time since, wrote You, & requested employment for his Son, in some one of the Public Offices, but as the Son seems to relish a Military Life only, The old Gentleman is willing to indulge him, and now sollicits Your good Offices with The President of The United States to obtain the Commission. Mr. Irwin is a very respectable Character with us, and would certainly have been sent to Congress this Year, if he had not declind. He is a Moderate Man but has deservd well of the Republican cause in this State. The Young Man is 21 Years of Age—has receivd a good Education, and bears an excellent Moral Character. I should have address’d a line for General Dearborn on this occasion, but I understand He is daily expected in this City. I am, very respectfully Dear Sir Your Most Obedt.
P. Muhlenberg

   RC (DLC).

   In April 1802 Jefferson recommended Henry Irwin to be an ensign in the first infantry regiment (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:418).

   Irwin to JM, 31 Mar. 1801.


Title: To James Madison from Noah Webster, 18 July 1801
From: Webster, Noah
To: Madison, James

Sir.
New Haven July 18th. 1801.
I take the liberty of addressing you, in your private character, on a Subject interesting to our common country, & to the happiness of its citizens. I have great confidence in your known candor, & I cannot but hope that your acquaintance with me has left, on your mind, some impressions in favor of mine. My own industry has placed me beyond the reach of want—& I desire nothing of govt for myself, but peace & protection in my just rights. But I ardently desire public tranquillity, & the restoration of harmony among my fellow citizens.
From the first formation of the present National Constitution, I have been one of its most firm supporters—& from the commencement of the present parties, I have been a zealous advocate for administration. Some measures of the year 1798, & the views of certain leading federal men, did not meet my approbation; & from that time, I ceased to be active in defending the measures of administration; altho in general, I approved of them. In 1800, Mr Adams took a decided step to counteract the views of the men, which I believed to be impolitic, & I saw his decision with pleasure—altho I was not wholly pleased with his manner. Knowing however the necessity of supporting govt, & the expediency of making private sacrifices to maintain the authority of law & administration, I was clearly of opinion that the small errors of Mr Adams were not a sufficient ground for the citizens of the United States, to withhold their confidence, & to justify an opposition to his re-election.
When however a change of administration had been made, I determined to acquiesce; & altho the proprietor of two public papers in New York, of extensive & by far the most extensive circulation of any in the city, & of course, having the power to exercise some influence over the public mind, I resolved to throw not a straw in the way of administration, but recommended, thro the medium of the papers, a calm acquiescence & a cheerful support of the new President. This determination was the result of the principle which has guided my conduct thus far in life—to submit to all the lesser evil of govt quietly, & never to weaken the authority of public measures, except for great considerations of policy or unconstitutionality.
Similar was the determination of all my respectable federal freinds in this city. They resolved to let the administration have its full & fair effect; & nothing of a slight & unimportant nature could have altered this determination. But the late removals from office in this & some other states, have surprized & confounded us. We all expected that the chief magistrate would gratify a number of his freinds, & especially place about himself men in whom he has particular confidence, & be assured, Sir, that not a complaint was uttered, until the appointment of forigners to the hig[h]est offices. But when we found that the principle was adopted of making vacancies in subordinate departments, to gratify or reward partizans; & more especially when it was seen that the most meritorious officers were dismissed to make room for characters less meritorious as men & as citizens, & some of them ignorant, unprincipled & even contemptible; what do you imagine must have been our sensations! Let me be more particular in regard to the appointment in this city. The Collector of this port died some weeks before Mr Jefferson came into office. Mr Goodrich was put in the place—a man whose talents & fidelity command universal confidence. The merchants were gratified—& the business of the office perfectly well done. In a few weeks after, he was displacd & Samuel Bishop appointed—an old, infirm man who has held several small offices in this state, but who has become unqualified to perform the duties to public satisfaction. His freinds have long wished him to resign them. This appointment was intended by the advisers of it, to cover a gratification of the son, Abraham—a man who has not been bred to any business, & who has acted as a Clerk to the Courts. Even this mechanical employment he has not been able to exercise to public satisfaction. The records are in disorder. He is a man of no fixed character—volatile—unsteady in business—fickle in political principles—& having, by his boyish or immoral conduct, lost the confidence of his fellow citizens. His writings agt the protection of trade, have made him odious to the people of this city, who live mostly by that business—in short the President could not have selected a man in this state, less qualified to fill the office to satisfaction, than Samuel Bishop. Several mistakes have already been made—goods have been landed without the previous bonds, required by law, & the revenue will be defrauded, unless the merchants choose to give bonds without compulsion—many instances of unreasonable & injurious delay have been suffered in dispatching vessels, thro the ignorance or inattention of the Collector.
Under irritations like these, how is it possible for the people to respect the administration? I appeal to your own judgement to decide on the possible duration of a govt thus administered. This is not the only instance of injudicious appointment; if well authenticated accounts may be relied on—but I limit my remarks to what I know. Judging from the private character of Mr Jefferson, it appears to me, he must be grossly misled by those on whom he relies for information; for I cannot believe he would, in any case, put a man into an office utterly unfit to discharge it, merely to reward a supporter. Indeed it deserves well to be considered whether his advisers here are not under the direct influence of a man who is his Competitor. Such at least is the opinion here.
You may suppose, Sir, that our merchants are so hostile to the present administration, that they would not be pleased with any man for Collector, who does not belong to their own party. If so, be assured of your mistake. Altho they agree in reprobating the principle of changing officers, for party purposes, & altho they were pleased with the former Collector, yet had a respectable capable man been appointed, even tho one of Mr Jeffersons supporters, no complaint would have been made. For this assertion, I pledge my honor. They would have been well satisfied for instance, with Majr. Munson, one of the same political party, with Mr Bishop, an officer of merit in the revolution war & now Surveyor of the port. But to remove from office, a man of talents & respectability, who hazarded his life to save this town in 1779, & to put in a man who has no claim, nor the necessary qualifications for the office, is extremely displeasing, to all our good citizens, who are not biassed by party considerations—disgusting to every ship-owner in the City—& tends very much to bring administration into Contempt.
I am the more surprized at the appointment in New Haven, as it is the boast of what is called the “republican party,” to consult the will & happiness of the people. But the only “people,” directly concerned in the Collector’s qualifications are the merchants—& these are to a man displeased even to indignation. Whatever confidence the President may have in his friends, in New England it will be his policy not grossly to displease his enemies. These words are here used solely in reference to parties; for you may rest assured that he has no personal enemies among us—& his political opposers, would, I pledge my word, be his best & his ablest supporters, under a prudent & accommodating use of his powers. It is the universal wish of our citizens to maintain the present constitution & preserve it free & unimpaired. There is no wish to adridge [sic] the personal freedom of men, or to enlarge or change the powers of govt, as the democratic writers pretend. New England is all republican—but our habits are formed—& our citizens believe that the moral, & religious institutions of our country, which have contributed to form those habits of subordination which distinguish this portion of the Union, are essential to their peace, tranquillity, freedom & happiness. They are alarmed at the new sophistical doctrines propagated by the reformers of Europe—which some of our “republicans” here profess to believe, & which our more respectable citizens consider as dangerous heresies. As to a party under british influence, or in favor of monarchy, unless a very few perhaps may Come under those descriptions, this is a bugbear raised to alarm the credulous & ignorant: No man of sense believes it to exist.
July 20th. Since the foregoing was written, I have seen the President’s answer to the remonstrance of the merchants. I find he justifies the appointment on the following grounds.
1st.  Mr Goodrich’s late appointment.
2d.  The confidence placed in Mr Bishop by this state.
3d.  The propriety of distributing offices more equally among the parties.
On the first point, he seems to err, in considering the appointment made to intercept the purposes of the new administration. Mr Austin died 4 weeks before Mr Jefferson came into office; & I appeal to you Sir, to determine whether it was not the duty of Mr Adams immediately to supply the vacancy. I conceive he would have been unjustifiable in leaving the vacancy to his successor.
With regard to the confidence placed in Mr Bishop by the state, if enough has not been said already, let me add, that the offices he holds, he has exercised for a long period of years, & they are of no difficulty; but he is so infirm, that he manifests a declining ability to exercise them—his weakness of mind, his delay & inattention are such as to be obvious, & it is in contemplation to leave him out of office, even where the business is almost mechanical. How unfit then must he be for a new office the duties of which are complex & difficult! To show you this in a strong light, take a few facts. When he received his commission, his son Abraham was absent—& being applied to on business by a merchant, he refused to open the letter, until Abraham returned, which was not till the next day. In consequence of which, a vessel was delayed two days for want of papers. When the son returned, one of his first acts was to grant a permit to land goods, unbonded, in violation of the law; neither the father nor the son having the least knowlege of the business. The father can do no business without the son, & the son is often absent; & no longer ago than last saturday, a merchant was unable to do business at the office, because the son was absent.
With respect to the propriety of correcting a monopoly of offices by one party, I have only to remark, that when most of our officers received their appointments, there was but one party in the State; & still the friends of the present administration form a small party in numbers—still smaller in respectability. A few only of its supporters are men to whom important offices can be safely confided. In Mr Kirby, the president has selected one agt whose character & qualifications no man will object—all that we can say is, that there was no nec[e]ssity for the change—the difference of respectability is in favor of the former Supervisor Col Chester—a man selected by Genl Washington for his excellent character & valuable revolutionary services. Indeed it was hardly possible to change the officers in this state, but for the worse. And whatever may be the President’s opinion, his removals here will not strengthen his party, nor gain the public approbation. On the other hand, his appointment in New Haven will disgust some of his own friends. The merchants in this city are a respectable body of men, not actuated by passion or moved by slight causes. That every man of that character should remonstrate agt an appointment, is a proof that something is wrong. Indeed, Sir, you may be assured, the President is misled, by placing confidence in men who are undeserving of it. I believe that one source of his information is extremely corrupt. If however the President will place more confidence in a few hungry office seekers, or disgusted men, than in the collective voice of nearly all the respectable inhabitants of this city, the responsibility rests with him. You know too much of man, Sir, not to believe me, when I suggest the danger of thus forcing officers upon any part of the community. I have never heard the merchants lisp a syllable on the subject of eluding the revenue laws; but I submit it to your good sense, whether a perseverance in opposition to the united wish of the merchants, to gratify a handful of partizans, who have no connection with trade, & very few of them, much property, will not endanger the revenue—& how is it possible for officers, who are hated, to insure the execution of the laws agt the combined resolution of merchants & seamen!
I submit these facts & reflections to you, with a frankness that proceeds from a sincere & honest zeal; in hopes that your influence may be exerted to heal the divisions of our country. I formerly contracted a high respect for your talents & character; a respect which a difference of political opinions has not impaired. I have full confidence in your best disposition to serve the public, & promote our essential interests. With these declarations, accept an assurance of my regard for your personal welfare & happiness, from Sir, your Obedt hume Servt
Noah Webster.

   RC (DLC). Docketed by Wagner as received 1 Aug.

   For Webster’s earlier association with JM, see PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11—, Charlottesville, Va., 1977—)., 8:96–97 and n. 1.

   William Munson was a New Haven merchant (Kline, Papers of BurrMary-Jo Kline, ed., Political Correspondence and Public Papers of Aaron Burr (2 vols.; Princeton, N.J., 1983)., 1:543 n. 9).

   Jefferson justified his appointments policy in a public letter to New Haven merchants (Jefferson to Elias Shipman and others, 12 July 1801, Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:67–70).


Title: To James Madison from William Willis, 18 July 1801 (Abstract)
From: Willis, William
To: Madison, James

18 July 1801, Boston. Seeks clarification on his account, which was not accompanied by vouchers. Obtaining such papers is difficult, and the sums involved were often trivial. The whole amount is only about $500 for maintaining a consulate five years in Barcelona. Few U.S. ships touched there until his arrival—now about eighty come each year. When Tripoli declared war on the U.S. he tried to protect about thirty ships, opened his house to the masters and supercargoes, and spent a large sum in thus serving his country. Hopes his claim will not be refused. In postscript asks that a paper containing a certified account, accidentally left on Mr. Brent’s table, be forwarded to Boston.

   RC (DNA: RG 59, CD, Barcelona, vol. 1). 3 pp.; postmarked Boston, 23 July; docketed by a clerk as received 30 July.

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


Title: From James Madison to Alexander J. Dallas, 20 July 1801
From: Madison, James
To: Dallas, Alexander J.

Sir,
Department of State—Washington, 20 July 1801
It is the pleasure of the President of the United States, that you should enter a nolle prosequi upon the indictment found against William Duane, in the Circuit Court for the District of Pennsylvania, for an offence, by a seditious libel against the Senate of the United States contrary to the Act entitled “An Act in addition to the Act intituled [sic] ’An Act for the punishment of certain crimes against the United States.[’]” You will observe that this interposition of the President is restricted solely to the proceedings under that Act, and will please to understand the instruction to prosecute the said William Duane, in pursuance of the resolution of the Senate, as still in force, as far as a prosecution in any other form or in any other Court may consist with the Constitution of the United States.
I enclose a copy of a pardon issued in favour of William Priestman, for your information, and am with very much respect yours &c
(Signed)   James Madison

   Tr (DLC: Jefferson Papers). Verso marked by Jefferson, “Duane’s case. Nolle prosequi.”


Title: To James Madison from William Eaton, 20 July 1801
From: Eaton, William
To: Madison, James

Sir,
Kingdom of Tunis, Portofarine July 20. 1801
On the 17th. instant Commodore Dale, in the President, arrived with the Sloop Enterprize; and the day following Captain Bainbridge, in the Essex, having under his convoy from Gibralter the Ship Grand Turk, and the brig Hope from Baltimore. The Ships of war have taken in fresh water and provisions and will proceed on their destination this evening; to facilitate which measure I have been so much occupied that I have not been at the palace since the arrival: it is imposible therefore, at this moment, to State the effect it may have on this Bey. The inclosures A. B. & C. show my position with him before the arrival; which position, I trust, may now be maintained with less discussion and much less writing. Dispatches gone forward at various times & by diverse routs must long since have informed Government of the declaration of war against the United Stas. by the Bashaw of Tripoli. I have the honor to be, Sir, with perfect respect your mo. Obed. Serv.
William Eaton

   RC (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC docketed by Wagner as received 23 Oct. Letterbook copy headed: “Here commences a new Era in the annals of the United States and Barbary.” Enclosures not found.


Title: To James Madison from Tobias Lear, 20 July 1801
From: Lear, Tobias
To: Madison, James

⟨No.⟩ 2.
Sir,
Cape François, July 20th: 1801.
I had the honor of writing to you on the 17th. inst.—a copy of which I now enclose. Since that time nothing new has occurred here. The Governor, General Toussaint Louverture, has been absent from this place for 3 days past. It is supposed he has gone towards Port Republican. His movements are very rapid and uncertain. He commands everything in this Island. He is certainly an extraordinary man. He appears to be adored by all the Inhabitants of all colours; whether this proceeds from fear or love I cannot yet tell; but all speak of him as a just man. It is said, from pretty good authority, that there are some new arrangements about to be made with the British to open all the Ports of the French parts of the Island to them, & to the United States also. If this is the case I shall soon be properly informed of it. But I shall do nothing which may commit the neutrality of the United States. To the regulations of the Government here I must conform, so long as our intercourse is kept up with the Island, and there appears to be every disposition on the part of the Governor to promote our intercourse.
A Gentleman (M. Vincent) goes in this Vessel (the Brig Neptune of Alexa) to the United States, and from thence to France. He is sent, by the Governor, with the New Constitution. He has been in the United States heretofore, and has been employed as an Engineer. From him you may learn many particulars respecting this Island which it is not in my power to give you. I have been promised a copy of the new Constitution to send by this opportunity; but as the vessel sails tomorrow morning, it is uncertain whether I shall be able to obtain it or not. If I should, you will find it enclosed.
I have been here for so short a time that I have not been able to form any correct oppinion of the state of things from observation; and the information appears to be so contradictory and unfounded that I can place but little reliance upon it. I have no doubt but Dr. Stevens possesses more knowledge of the true state of things here than almost any other man, and from him I expect much. He has shewn every disposition to communicate in the fullest manner, and there is no mark of personal or national Attention which he has not paid to me.
The Treasury of the Island is very rich. There has been, for some time past, an accumulation of money at it which is without precedent. What the object may be in collecting & keeping this sum is not for me to say—conjectures are various. If you get the Constitution, it may lead you to form some opinion. I shall conform in all things to the Government of the Island, so far as may be compatable with the neutral situation of the United States; and I have no doubt, but the necessity of an intercourse with them is too well understood here, to fear any measures which may seriously interrupt it.
By the Constitution, property is declared inviolable, and those who possess Estates are allowed to enjoy them, if present, and if absent, the proceeds may be remitted by their Agents. There are some exceptions to this, as you will readily suppose. The cultivation goes on tolerably well. One fourth part of the produce is the property of the Cultivators, and the other three fourths belong to the proprietor of the Estate, subject to taxes & requisitions. Great attention is paid by the Military & civil officers to keep the Cultivators employed & steady to their work, and in some places not a little severity is used.
As there are now a number of Vessels in this Port which will sail shortly for the United States, I shall have frequent opportunities of writing, which will make it unnecessary for me to add more at present than the assurances of the high respect & sincere attachment of Sir, Your most obedt. Servt.
Tobias Lear.
P. S. I have not been able to get a Copy of the Constitution. as it is not yet allowed to be given out.

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3). Docketed by Wagner as received 6 Aug.


Title: To James Madison from Richard Söderström, 20 July 1801 (Abstract)
From: Söderström, Richard
To: Madison, James

20 July 1801, Philadelphia. Regrets that he will be unable to visit Washington as planned. Requests “as a particular favor” to be informed of the president’s decision on three Danish cases discussed in his letter of 10 June. Wishes to close all Danish business “as soon as possible: And I hope that said determination may be such that long and tedious Lawsuits against the Commanders of the United States’ Vessels of War may be prevented.”

   RC (DNA: RG 59, NFC, vol. 1). 2 pp.; in a clerk’s hand, signed by Söderström; docketed by Wagner as received 23 July.


Title: From James Madison to Albert Gallatin, 20 July 1801
From: Madison, James
To: Gallatin, Albert

Letter not found. 20 July 1801. Mentioned in JM to Pichon, 20 July 1801. Concerns Pichon’s request for the payment of $11,000 credited to the French Republic on the Treasury Department books.


Title: From James Madison to Samuel Cabot, 21 July 1801
From: Madison, James
To: Cabot, Samuel

Sir,
Department of State Washington 21st. July 1801
Your letter of the 11th. instant has duly come to hand. This being the first notice received by the Executive of your being still in the United States, no time is lost in observing to you, that under circumstances where services cannot be rendered to the public, it is deemed reasonable that the public should not be chargeable with the expense attached to them. I am accordingly instructed by the President, to acquaint you that this principle is applied to your case, and as a consequence of it, that no obstacle exists to your pursuit of any private interests which your judgment may suggest to you.
The settlement of all accounts heretofore rendered to this Department having been, by a late arrangement, transferred to the ordinary course of settlement at the Treasury, you will please to present yours for that purpose to that Department, as soon as may be practicable. It is proper to add, that as questions may arise, under the state of evidence in this office, concerning the period by which your salary is to be determined, it will be adviseable for you to be prepared with such explanations and proofs, as may be most likely to render the decision of them just and satisfactory. In appointments most analagous to yours, the return home is the date, to which the salary is computed, where no special reasons appear for a different rule of settlement. With respect I am Sir, Your Obedient servant
James Madison

   RC (MHi). In a clerk’s hand, signed, with a complimentary close, by JM.


Title: To James Madison from John M. Forbes, 21 July 1801
From: Forbes, John M.
To: Madison, James

Dear Sir,
Baltimore 21st. July 1801.
A Variety of Circumstances respecting Mr. Yznardi the Son, of public notoriety here, it is Supposed must necessarily operate a Vacancy in the Consulate at Cadiz. I leave the detail of those Circumstances to those who are less interested than myself and have only to request you will give to my application for that appointment all the advantage which may belong to priority. You have had the goodness to acknowledge yourself Satisfied with the testimonials of Qualification which I presented you. Should the President wish for any further information of me—John T. Mason & John Mason Esquires of Georgetown have a knowledge of my Situation & Character for Several years that I have passed in Europe—from the representation of Mr. Fenwick and Several others of our fellow Citizens who knew me well at Bordeaux—to these gentlemen or any others from New York or Boston I Confidently refer. I am, with respectful Attachment, Sir, Your obedt. Servant
John. M. Forbes

   RC (ViU: McGregor Library).

   John Mason (1766–1849), son of George Mason of Gunston Hall, in 1788 entered a partnership with the Fenwick brothers of Maryland and managed the firm’s tobacco trade in Bordeaux during the upheavals of the French Revolution. In the spring of 1792 he returned to the U.S., settled in Georgetown, and moved the firm away from tobacco exports into diversified trade and banking. He was rumored to be a candidate for secretary of the navy in May 1801 (Copeland and MacMaster, The Five George Masons, pp. 246–58; Ezekiel Forman to Tench Coxe, 7 May 1801 [PHi: Coxe Papers]).


Title: To James Madison from Louis-André Pichon, 21 July 1801
From: Pichon, Louis-André
To: Madison, James

George Town 2. Thermidor an 9 21. Juillet 1801.
Le Soussigné a l’honneur d’informer Monsieur le Sécretaire d’Etat des Etats Unis que des dépêches qu’il a reçues de Son Gouvernement, lui ont apporté L’ordre de notifier à celui des Etats Unis la conclusion de la paix célébrée à Lunéville le 20 Pluviose dernier (9 février 1801) entre Sa Majesté L’Empereur et L’Empire d’une part et la République Française de l’autre.
En donnant au Gouvernement des Etats Unis connaissance d’un événement auquel leur Situation rend ces Etats presqu’étrangers, et dont la publicité ne pouvait manquer de précéder de longtems la participation officielle à une distance aussi grande, Le Gouvernement de la République a, Sans doute, pour objet Spécial d’associer les Etats Unis aux communications usitées en pareil cas envers les Gouvernemens amis & Monsieur Le Président des Etats Unis y verra Sans doute aussi une preuve ultérieure de l’empressement du Premier Consul à rétablir entre la République française et l’Amérique les habitudes de la paix Sans en attendre la proclamation Solemnelle.
Le Soussigné a aussi reçu l’ordre de Soumettre à la consideration du Gouvernement Fédéral les propositions contenues dans la lettre ci’incluse du Ministre de la Marine au Ministre des Relations Extérieures. Ces propositions ont pour objet d’inviter les Etats Unis à porter quelques réglemens qui en rassurant les Etats Européens Sur l’importation d’un fléau qui a désolé plusieurs fois L’Amérique et recemment un état voisin de la France, pourraient en même tems contribuer à prévenir des difficultés que des precautions Suggerées par une crainte excessive mais justifiées, Sans doute par les événemens, pourrait faire apporter à leur communication avec ces Etats.
En priant, Monsieur, le Sécretaire d’Etat de vouloir bien porter ces deux objets à la connaissance de Monsieur le Président des Etats Unis, le Soussigné a l’honneur de lui renouveller l’assurance de Ses respects et de sa haute considération.
L. A. Pichon

Condensed Translation
Pichon announces that he has received dispatches from his government ordering him to notify the U.S. of the conclusion of peace at Lunéville on 9 Feb. between the German confederation and France. These instructions indicate the first consul’s desire to reestablish peaceful relations with the U.S. Pichon has also received an order to submit for the consideration of the federal government proposals on health regulations contained in the enclosed letter from the navy minister to the foreign minister. He asks JM to inform the president of these two matters.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1). RC in a clerk’s hand, addressed and signed by Pichon; docketed by Wagner as received 22 July. Enclosure 3 pp., in French (see n. 1).

   The enclosure, a copy of a letter from Forfait to Talleyrand, dated 19 Jan., states that because the desolation of Andalusia by epidemics is generally attributed to American crews suffering from yellow fever no American vessels have been freely admitted to French ports. Forfait suggests that ships traveling directly from the U.S. obtain on departure a certificate from port authorities about health conditions. This would create a better atmosphere in port on arrival of American vessels, and Forfait suggests that Pichon propose it to the U.S. government.


Title: To James Madison from Louis-André Pichon, 21 July 1801
From: Pichon, Louis-André
To: Madison, James

George Town 2 Thermidor an 9 21 Juillet 1801.
Citizen Pichon has the honor to inclose to the Secretary of State the form of Commission with which, as he informed him verbally Some days ago, he provided Mr. Chancognie a clerk in Mr. Létombe’s office in order to aut[h]orise him as his agent at Charleston. Citizen Pichon’s object was, while he procures Some person of trust, to take care of and put in order the papers of that consulate which, from the expulsion of it’s titulary in 98., appears to be in an utmost Confusion and yet where there exists concerns of moment both for individuals and the public at the Same time, to avoid appointing and requesting an exequatur for a Commissary at that place even under a provisional Commission of his, on this account that when he left France it was then contemplated to appoint a person designated. Citizen Pichon expects that this appointment as well as the introductory letter to the executive of the States which are within that consulate will give no room to any objections.
Citizen Pichon apprehends he will be under the necessity of reestablishing at Alexandria under the Same form, the agency which existed formerly, there is an old French gentelman by the name of Perrin an inhabitant of that place for 20 years past: the residence of the legation in this capital and the intercourse between Norfolk & Alexandria appears to render that reestablishement necessary.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1); Tr (AAE: Political Correspondence, U.S., 53:266). RC in a clerk’s hand. Tr in French, dated 13 Aug. Enclosure 1 p., in French. Also filed with RC is the text of Pichon’s 10 July circular letter to the governors announcing Chancognie’s appointment.

   The enclosure is a copy of Pichon’s commission of Simon Jude Chancognie as “Agent du Commissariat Général” at Charleston, dated 1 July 1801.


Title: To James Madison from Samuel Smith, 21 July 1801
From: Smith, Samuel
To: Madison, James

Dr. sir,
Balte. 21. July 1801
I had observed that Pichon meant to be a little troublesome, Genl. Dearborne tells me he has given you some Uneasiness about the French Vessells sent into Brittish Ports & there Condemned. I should be very glad that he would Agree to the principal he pretends to assume—for there Can be no doubt relative to Privateers—they might be Condemned anywhere—& very, very few of their Merchant Vessells were taken by us. They had taken an immense Number of ours & had them Condemned in Porto Ricco & Cuba, from whence there was no appeal. Those Captures are precisely in point & may be fairly stated in Bar. It would be prudent in both parties to refrain from vexatious Demands.
Mr. Edwd. Livingston wishes me to enquire for a letter written by him to Mr. Dallas & Supposed to be in the office at Washington, will you make the enquiry & if found, sent [sic] it to him at N. York. He says, It Contains Valuable Papers. I am Dr sir, your friend & servt.
S. Smith

   RC (DLC).


Title: To James Madison from William Loughton Smith, 21 July 1801 (Abstract)
From: Smith, William Loughton
To: Madison, James

21 July 1801, “Cintra, near Lisbon.” Reports “that our little Squadron arrived at Gibraltar the 1st. of this month: it’s arrival is very opportune & I trust will be attended with great advantages.” Gives an account of recent British-French naval battle at Algeciras. Notes that Portuguese remain on war footing because French have yet to ratify peace signed at Badajoz. Speculates on Spanish motives in settling with Portuguese separately. Has received no word of American ships being captured by Tripolitans; knows that thirty were in Barcelona waiting for either peace or convoy. “The arrival of our Squadron will diffuse life again into our expiring Meditn. Commerce.”

   RC (DNA: RG 59, DD, Portugal, vol. 5). 4 pp.; marked private; docketed by Wagner.


Title: To James Madison from Richard Söderström, 21 July 1801 (Abstract)
From: Söderström, Richard
To: Madison, James

21 July 1801, Philadelphia. Reports arrival of “a Gentleman named Olson,” who apparently carries authority to serve as Danish minister resident and who leaves soon for Washington.

   RC (DNA: RG 59, NFC, vol. 1). 1 p.; docketed by Wagner as received 28 July.


Title: To James Madison from Carlos Martínez de Yrujo, 21 July 1801 (Abstract)
From: Yrujo, Carlos Martínez de
To: Madison, James

21 July 1801, Philadelphia. In response to JM’s letter of 15 July [not found], Yrujo is sending Ebenezer Stevens a passport for the Peace and Plenty, which is bound for Tunis with munitions and naval supplies according to the agreement between the U.S. and the regency.

   RC (DNA: RG 59, NFL, Spain, vol. 2). 1 p.; written in Spanish; in a clerk’s hand, except for Yrujo’s complimentary close and signature; docketed by Wagner as received 25 July.


Title: To James Madison from Albert Gallatin, 22 July 1801
From: Gallatin, Albert
To: Madison, James

Sir
Treasury Department July 22d. 1801
I have the honor to enclose a copy of the circular to Collectors in relation to Quarantine laws & of the form of a bill of Health. On this last, it is proper to mention that there are but thirteen ports vizt. Portsmouth N. H.—Newbury port, Salem, Boston, Newport, Providence, New York, Philadelphia, Baltimore, Norfolk, Wilmington N. ⟨C., ⟩ Charleston S. C. & Savannah, in which naval officers are established by law, & that in all other ports the bill of health can only be certified by the Collector. A circumstance with which perhaps Foreign Agents, to whom the Circular may be communicated, should be acquainted, in order to prevent any injury abroad to vessels sailing from those ports, on account of the unavoidable omission of a naval officer’s signature. I have the honor to ⟨be⟩ with the highest respe⟨ct⟩ Sir Your most obt. Servt.
Albert Gallatin

   RC (DNA: RG 59, ML). Enclosures not found, but see n. 1.

   Dated 15 July 1801, the circular letter was a revision of the draft Gallatin sent JM circa 1 July. The revised letter was printed in the National Intelligencer, 3 Aug. 1801.


Title: To James Madison from William Jones, 22 July 1801
From: Jones, William
To: Madison, James

Dear Sir
Philad 22d July 1801.
Mr Chandler Price a respectable merchant of this City, with whom a friendly intercourse of many years has matured my particular esteem, has occasion to address you on the subject of the lawless depredations of British Cruizers on his property, by which he has sustained material loss and injury. Mr Price has requested a letter from me to accompany his communication, and I can assure you he is worthy of the highest confidence and respect.
The representations of Mr Price I have no doubt will receive the merited attention of government as well from the considerations of justice to the individual, as the enormity and extent of the nefarious system pursued by the British Cruisers and vice admiralty Courts.
As the occasion seems to invite, I take the liberty of adding some remarks of my own, on the subject of British depredations. The intention of the British government to correct the abuses complained of, has long since been announced, and formal propositions for meliorating the system have been made in Parliament, yet we have experienced no change for the better.
My observations in the course of my commercial pursuits excite a conjecture that there is not one case in perhaps forty or fifty of the outrages committed on our lawful commerce by the Cruisers of that power of which a formal representation is made to our government.
This silent acquiescence and apparent insensibility under losses and injuries so severe, may seem extraordinary, and induce those who are not conversant with the commercial world, to question the extent, and the apologists of that power, to justify or extenuate the conduct of those tribunals under the alleged charge of illicit trade. I believe it will not be difficult to account for the silence of the sufferers.
It is remarkable that our government heretofore has appeared to possess but little official information on the subject of British depredations, the truth is that when complaints were exhibited, the only consolation the complainant derived was a reference to the British Courts of appeal for justice; whereas experience has shewn how ineffectual to the attainment of that end, as well as ruinously expensively such appeals are.
The Mercantile house of which I am a partner received in the month of may last, authority to draw on London for the net proceeds of their Claim for a vessel and property captured in the harbour of St Pierre, Martinico when that Island surrendered to the British arms. You will observe sir, that seven years had elapsed from the time of the Capture and the sum so received as full restitution is only one third the real intrinsic value of the property so lost by this acknowledged unjust Capture.
There is also a probability from the arbitrary construction of the law of nations too often practised by the superior Courts, who occasionally “feel power and forget right,” that the unjust sentences of the inferior Courts may be confirmed, and the unfortunate claimant compell’d to pay heavy Costs in addition to the total loss of his property.
These are among the causes which impell individuals to cease their unavailing complaints—to decline the prosecution of their Claims in the Courts of appeal, and look to the insurance offices for indemnity against all risques, paying enormous premiums, and stipulating only to prove their property in our own Courts of record, if required.
Thus in case of capture the individual receives payment from the underwriters—the government hears not a murmer, and impunity invites to further depredations. In cases where the appeal is abandoned by the claimant, it is construed into a tacit acknowledgement of the injustice of the claim, tho’ arising in most cases from the vexatious delay uncertainty and expence, attending the prosecution. But it may be asked why do not the insurance offices upon whom the loss ultimately rests exhibit their complaints to government? It may be answered that they also are indemnified by the high premiums—that in all cases of Capture they receive a cession of the property from the assured—that their resources and numerous claims enable them to employ a special agent of talents and activity with ample funds to prosecute the appeals, which they are therefore likely to do with much more effect than an individual. The omission on their part to represent to government the losses they sustain by British depredations on our lawful commerce cannot however be reconciled with the zeal they displayed in representing the unprincipled and piratical system pursued by the cruisers and tribunals of another power. The Chamber of Commerce of this City it is true have recently made some just representations on the subject of British spoliations. The British it is true have a right by treaty to carry our vessels into port on suspicion for adjudication; but reason, law, and justice, revolt at the idea of there being no other limitation to the exercise of that right, than the discretion of the Captain of a Man of War or privateer (for experience justifies no distinction) or the integrity of a judge who probably may share in the spoil.
You will do me the justice to believe that these remarks are not the result of prejudice against one or predelection in favor of another foreign power. I disclaim the idea they are from facts which I know and feel, nor is it intended to draw an invedious comparison; but it [is] worthy of remark that from the ratification of the treaty of 1794 to the present time, British depredations have never ceased on the contrary since the promulgation of the late treaty with france her Cruisers have treated our flag with due respect. This instance of good faith is the more meritorious as the treaty is still incomplete, and serious doubts had arisen whether the authority of the french government was equal to the restraining of the unprincipled banditti who disgraced her flag. Notwithstanding the evils enumerated it will be said that our Commerce is flourishing beyond example and that our Merchants are getting rich. Our local situation and circumstances, the commercial derangement of most of the great maritime powers, and their multiplied wants created by the unexampled calamities of the present war, all combined to throw immense advantages into the scale of American commerce. It is however problematical whether we have proportionably improved by these advantages or whether the regular progress of commercial industry in a like period of general tranquility would not have produced greater benefits. The amount of the losses by Capture would form a total almost incredible. If there is much real Capital, there is also an immense fictitious Capital and much speculation afloat.
Our real situation will be ascertained in the event of a general Peace, which may be termed the auditor of the commercial world. I have to apologize for the unreasonable prolixity into which I have been inadvertantly ⟨led⟩ and to assure you of my profound esteem ⟨and r⟩espect—
Wm Jones

   RC (ViU: McGregor Library).

   Price to JM, 15 July 1801.

   Article 17 of the Jay treaty provided that American ships could be “captured or detained on just suspicion of having on board Enemy’s property or of carrying to the Enemy, any of the articles which are Contraband of war.” Seized vessels were to be taken to the “nearest or most convenient Port” for adjudication (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:258).


Title: To James Madison from Richard O’Brien, 22 July 1801
From: O’Brien, Richard
To: Madison, James

Esteemed Sir.
Algiers the 22d. of July, 1801
On the 9th. Inst. arrived at algiers The us. Ship President and Schooner Enterprize. I have recd. your letter of the 21st. of may and the Cloth and Linnen. The money the Commodore did not land as I had Considerd. nothing Could be done in makeing a Cash payment, untill the arrival of the washington with Stores, when the regency—in Eating of the Sheep might be induced to Eat allso some of the fowl. The Comodore expects, to be here before the washington arrives.
On the 10th. the u.s. Ship Essex, was in sight Standing to The Eastd. with as we Suposed The Grand Turk—on the morning of The 11th. sailed the President and Enterprize destined for Tunis. The Commodore did not land here—nothing was to be done here his presence was more requisite to The Eastd. The u.s. Ship Philadelphia he left Cruising off Gibralter &c. to watch the two Tripoline Corsairs.
On the 23d. of May Consul Cathcart & family left Tripoli they were intended for Tunis but is arrived at Livorn.
The Algerine Ministry told me the dey had wrote 3 letters to The Bashaw of Tripoli that it did not Ansr. the desired Effect—As the us. would not Aid Said letters with Money. I answerd never as long as we Could Lye our Course on the opposite Tack. Tripoli Corsairs is at Sea in Quest of Americans—&c. at Tunis on the 28th. June that Govt. demands—of the u.s. 10. Thsd. Stand of arms. Eaton, has rejected This Claim & that Govt remains discontent.
Allso at Algiers The Regency is growling that the articles is not arrived on the Annuities, but I supose they will not Bite as they are here much threatened by Lord Keith & Captain Bashaw.
I have given Commodore Dale every information in my power & I am Convinced that Tripoli Should have Money or Balls without delay.
We want sir 3—or 6—more of our frigates in this sea our present force might be Employed to the Eastd. and a Sudden rupture to the westd. We Cannot therefore be too gaurded in preventing The Citizens & property of the US. from falling into the hands of Barbary Villians. Be convinced Sir that nothing Shall be left undone on my part which will contribute towards The honour & interests of The U States. I am Sir Very respectfully—Your Most Obt Servt.
Richd. OBrien

   RC (DNA: RG 59, CD, Algiers, vol. 6). Docketed by Wagner as received 9 Oct., but a copy of the letter reached Washington on 24 Sept. (Wagner to JM, 25 Sept. 1801 [DLC]).