Title: To James Madison from Joseph Bartlett, 21 October 1802 (Abstract)
From: Bartlett, Joseph
To: Madison, James

21 October 1802, Cambridge. Regrets calling JM’s attention from official duties to a private letter but feels confident that the writings of “an undignified citizen” will be read with candor and attention. Knows JM must be “crouded with applications” both from personal acquaintances and from those who know his political character. “Stern necessity frequently commands what delicacy in other situations would forbid.” Has never before solicited executive notice but would feel guilty remaining silent any longer. He was educated in law at “Cambridge University” and was a member of the state legislature until his “republican creed was considered injurious to the federalists (as they falsely stile themselves)” and he lost his seat in the election of “last May.” Since then, “merely from an attachment to the present government,” he has suffered from unprincipled persecution and been deprived of property and “a considerable proportion” of his business. In Massachusetts there are Federalists continuing in office—“Men who eat the presidents Bread when they would mix poison in his cup”—and even some recent appointments have been Federalists. This weakens Republican spirits and affects state elections, “as these persons have each a train of Dependents who must vote with them or lose their Bread.” Notes that the state marshals are Federalists. “What can not such Men in this situation especially in our larger Towns & Capitals effect?” Some bankruptcy commissioners are also of the “same political creed.” Two or three vacancies exist on the board of commissioners in Boston and vicinity. Should either marshal be removed or any new commissioners be appointed, asks JM to remember “a Man who has uniformly been in sentiment with you in politicks” and who has suffered from “the vindictive temper of a violent federal Faction.” Refers JM to his friend Elbridge Gerry, who wrote in a 19 Oct. letter, “Nothing could give me greater pleasure than to see you triumphant over your implacable Enemies,” and who suggested JM be referred to him for facts in the case. Awaits JM’s reply, trusting that his wishes will be promoted.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Bartlett”). 4 pp. Docketed by Jefferson.

   Lawyer and politician Joseph Bartlett (1762–1827) graduated from Harvard in 1782. He began his law practice in Woburn and in 1795 moved to Cambridge, which he represented in several sessions of the Massachusetts legislature. In 1803 he moved to Saco, Maine, where he was elected state senator in 1804. An individual of “very singular” taste, he painted his Woburn house black and built a round red house in Saco. His satirical wit found a wide audience, and his eccentricities prompted the expression “as odd as Jo Bartlet” (Lucius R. Paige, History of Cambridge, Massachusetts, 1630–1877; With a Genealogical Register [Boston, 1877], p. 484; Ignatius Loyola Robertson [Samuel L. Knapp], Sketches of Public Characters; Drawn from the Living and the Dead; With Notices of Other Matters [New York, 1830], p. 229).

   The marshals for Massachusetts and Maine were Samuel Bradford and Isaac Parker (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:325, 362).


Title: To James Madison from George W. Erving, 21 October 1802 (Abstract)
From: Erving, George W.
To: Madison, James

21 October 1802, London. No. 10. “It is impossible for me to represent to you in adequate terms the very distressed State of our Seamen lately discharged from the British Navy.” Has tried in every possible way to obtain assistance for them from the British government but at last has been obliged to provide passage at U.S. expense for the neediest as an alternative to the more expensive recourse of supporting them.
Since 17 Sept. he has examined 250 men about their citizenship and length of service. “Additional men are every day presenting themselves, besides these there is a considerable number who have been left here sick, or have been discharg⟨ed⟩ by their Captains.” Most are completely destitute, are unable to find work, and lack even “suffici⟨ent⟩ Cloathes to cover them.” Encloses documents which show that arranging transportation and caring for these men has required his incessant attention. “Aware of the improvidence which characterizes this class of people,… as early as October 1801 … I addressed to Mr: King the letter No: ⟨1⟩” suggesting an agent should be provided to arrange passage for the men to the U.S. and to receive any money due them from the British government, using some to pay for passage and sending them the remainder. “Mr. King probably did not see the same advantages in such an arrangement,… & therefore nothing was done.” Has since learned from the Admiralty secretary that the British government would have acceded to such a plan. Has instead recommended “a very respectable person” to serve as attorney to those seamen who had wages or prize money due them. Several have taken this suggestion and benefited thereby. “After undertaking the Duties of Major Lenox, on the 4th: of June I wrote to Mr: King the letter No: 2, to which on the 21st: I received his answer N: 3. On the 25th: I replyed in No: 4; on the 5⟨th:⟩ July, I received from Mr: King No: 5 dated 1st: July to which I answered on the 5th: in No: 6 & on the 14th: I received the Note No: 7. In consequence of this last I waited up⟨on⟩ Mr: King, who in conversation inforced his objections against my entering into a correspondence with the Admiralty.” Reports that he then visited the Admiralty secretary, Sir Evan Nepean, with whom he has had several conversations and has stated in strong terms the claims he believes U.S. seamen have against the British government. Notes that his suggestions have always been well received by Nepean, who is disposed to give him every assistance and who expressed surprise that a subject requiring such immediate attention was not raised sooner. Hawkesbury, whose approbation was required for any arrangements, was also favorably inclined toward his suggestions; but it was not until after a considerable delay that he was told the Admiralty board had decided to provide a frigate to transport those seamen who were American citizens and who had not taken the king’s bounty. He agreed to certify only U.S. citizens but pointed out that the bounty was often taken only after men had been already impressed, which should entitle them to “the gratitude and consideration” of the British government. “I could however obtain no extension of the plan, and it was agreed that I should send the list already prepared, which I did with my note No: 8, and issued the Notice No: 9 writing at the same time to the Out-posts that such men as were there and could find their way to London might come to avail themselves of the benefit of this arrangement.” As a result 250 seamen have appeared since 17 Sept. who have been issued certificates. Understands many were rejected by the British, some because “they were suspected of not being Americans” and many because they were not listed on the books of the ships on which they claimed to have served. He told Nepean that he had better knowledge of the men’s circumstances than the British commissioner Sir Thomas Trowbridge, who was appointed to receive the certificates, and that he hoped “great allowance would be made for the stupidity and ignorance of these men (the Blacks in particular) who scarcely knew Months from years, or recollected the names of the Ships in which they had served.” He was assured that the list would be extended but “would not probably include more than 70, for whom however a temporary provision should be made ’till the time of their embarkation.” After further delays he was told Lord St. Vincent had decided “nothing better could be done than to allow me 10 guineas per head and leave me to ship the men.” He protested that expenses would exceed that amount. The Admiralty board was scheduled to meet, and on 1 Oct. Nepean told Erving he would be notified the next day of their final decision. “Hearing nothing from the Admiralty, on the 12th: October I addressed to them the letter No: 10, & yesterday the note subjoined A.” During the delay the number and distressed condition of seamen have increased. Very few American ships are at London and many other distressed men are also awaiting passage home. As the season progresses, opportunities will be fewer and “the sufferings of the people if possible encreased.” Having abandoned all hope of reply from the Admiralty and having received enclosure no. 11 from a police office, he has taken immediate measures to transport the men at U.S. expense. Has contracted with Mr. Williams, owner of the Mary, on terms contained in enclosure no. 12. Notes that this is a British ship but says no American ships offered such favorable accommodations and terms. Asked Bird, Savage, and Bird to advance funds but they declined in their letter, enclosure no. 13.
Adds in a 28 Oct. postscript that on 22 Oct. he received an invitation to meet with Nepean, who “expressed in very strong terms his great mortification and disappointment at the delays;… he stated that a great difference of opinion existed at the Board … but that no effort of his had been wanting & that he considered himself particularly committed to me upon the subject; he would now venture to pledge himself that as much as 10 guineas per head should be paid to defray the expence of sending the men home.” Erving replied that “whilst the Lords were deliberating the men were perishing” and told Nepean he had arranged for transport himself but could not, in spite of its insufficiency, decline the ten guineas offered. On 23 Oct. he received enclosure no. 15 from the Admiralty with a list of fifty-six men to which three have since been added. The list of men shipped in the Mary does not agree completely with the Admiralty list, since men who could do so found their own passage during the long delay. Adds in a 5 Nov. postscript that he encloses letter no. 16 received on 1 Nov. from the Thames Police Office.

   RC and enclosures (DNA: RG 59, CD, London, vol. 8). RC 12 pp. In a clerk’s hand, signed by Erving. Docketed by Brent. For enclosures (docketed by Brent), see nn.

   Enclosure no. 1 is a copy of Erving to King, 16 Oct. 1801 (2 pp.), noting that discharged sailors could not be paid until the books of the ships on which they had served arrived at the pay office. Erving suggested that the British government might advance some of the money due if sailors were issued certificates at discharge for the amount of their claims.

   Enclosure no. 2 is a copy of Erving to King, 4 June 1802 (3 pp.), stating that many discharged seamen had spent their money improvidently and needed passage home. Erving believed the British government should transport them and suggested that a representation from King to the government would be more effective than one from Erving to the Admiralty. In enclosure no. 3, a copy of King to Erving, 21 June 1802 (2 pp.; printed in King, Life and Correspondence of Rufus King, 4:142), King replied that all previous applications on behalf of men lacking proper proof of American citizenship had been refused and he doubted the efficacy of another attempt. He suggested that Erving compare the list that Lenox had left with the list of men who had applied to Erving for help. Should their number be considerable, King would speak informally to Lord St. Vincent about them.

   Enclosure no. 4 is a copy of Erving to King, 25 June 1802 (3 pp.), stating that if Erving did spend the weeks needed to make such a list, those men first on it would no longer be found and the others would be destitute. He wished men who were recognized by the British upon discharge as Americans to be sent home as soon as possible, arguing that Americans were entitled to treatment as “humane & liberal” as that accorded to British seamen by British regulations. Moreover, the U.S. government should not be burdened with the support and passage of these men, twenty of whom were recently placed in the house of correction at Middlesex as vagabonds. He would take it up with the Admiralty himself if King did not.

   In enclosure no. 5, a copy of King to Erving, 1 July 1802 (3 pp.; printed ibid., 4:143), the minister stated that an “alphabitical and descriptive list of all Seamen” claiming to be American must be made in order to guard against unfounded claims. He suggested Erving call on Evan Nepean, taking with him a list of applicants Erving believed were American.

   In enclosure no. 6, a copy of Erving to King, 5 July 1802 (4 pp.), Erving stated that he and Lenox had always kept detailed lists of men requesting assistance. Since King insisted on seeing a list of discharged seamen before making an application, Erving had made one, but it did not reflect the true situation as he had already made it known that those men who had received their wages should arrange their own passages. He always inquired into the citizenship of seamen requesting assistance and had troubled King only because he imagined King might know of some government channel that would yield quicker results than his own applications to the Admiralty, which Erving preferred be in writing so he might transmit the reply to JM. Since King suggested that Erving visit Nepean, he would defer sending his letter until after hearing again from King. Enclosure no. 7 is a copy of King to Erving, 14 July 1802 (1 p.), asking Erving to call on the morning of 15 July.

   Enclosure no. 8 is a copy of Erving to Evan Nepean, 16 Aug. 1802 (1 p.), enclosing a list of 101 men claiming to be Americans discharged from British warships. Erving stated that the place of residence and time of service were missing or imprecise for some because of haste in interviewing and the men’s inability to recall precise dates; “they will therefore be supposed to mean at or about the times specified.”

   Enclosure no. 9 is a 16 Sept. 1802 handbill (1 p.), notifying unemployed American seamen who had been discharged from the British navy that free passage home was being arranged and advising them to apply to the American consulate in London where close examination would exclude British subjects.

   Enclosure no. 10 is a copy of Erving to Nepean, 12 Oct. 1802 (3 pp.), stating that the 16 Sept. notice attracted many seamen to London from other ports, swelling his former list to over two hundred names. The continual delays had exhausted the funds of those who had them, kept those who might have applied for work from doing so, “and augmented the sufferings of the whole to a degree beyond example distressing,” Erving wrote, adding that “a more destitute and unfortunate class is not to be found in this Country.” He asked if the Admiralty lords had made any decision of which he might inform the men. In enclosure A, a copy of Erving to Nepean, 20 Oct. 1802 (2 pp.), Erving stated that he was “under the absolute necessity of affording some relief to the distressed American Seamen” surrounding him. He asked Nepean to send him the lists made at the navy board, “as the case is very pressing.”

   Enclosure no. 11 is a copy of a 20 Oct. 1802 letter from magistrate Joseph Moser (2 pp.), informing Erving that he had been applied to by twenty discharged Americans who claimed to be “in the utmost indigence and distress and they say that four of their Companions have perished thro’ want.” Although he could not verify this, Moser confirmed that the men were “suffering from the severest famine and distress.” He therefore, “at their request,” asked Erving to relieve them and send them home or recommend them to the Admiralty. Erving also enclosed a copy of his 20 Oct. reply (2 pp.), stating that he had been doing all he could to relieve the men and was engaged in a plan to assist the most distressed. He asked Moser to communicate the situation to the Admiralty.

   Enclosure no. 12 (6 pp.) includes copies of Laurence Williams to Erving, 6 Oct. 1802, Erving to Williams, 21 Oct. 1802, and Williams to Erving, 21 and 22 Oct. 1802, discussing terms of a contract for Williams to transport seamen to an American port “not to the Southward of Norfolk.” After much negotiation, Williams agreed to transport eighty men for £10 10s. each, including food and bedding, but expressed a hope that the number of men would be greater, “otherwise I shall be very poorly indemnified for the expence and inconveniences of the Voyage.” He agreed to have his ship lay at Gravesend for ten days to receive the men.

   Enclosure no. 13 is a copy of Bird, Savage, and Bird to Erving, 6 Oct. 1802 (2 pp.), acknowledging Erving’s 5 Oct. letter and stating that, in accordance with JM’s and Gallatin’s instructions not to make advances, the firm had refused such requests from King and Lenox and could not accede to Erving’s wishes.

   Enclosure no. 14, a note from Nepean dated “Friday ½ past 8 oClock” (22 Oct. 1802) (1 p.), asked Erving to call at the Admiralty on his way to the city that morning.

   Enclosure no. 15 includes a copy of Nepean to Erving, 23 Oct. 1802 (2 pp.), enclosing copies of lists of cases that had been sent to the transport board (4 pp.), stating that Erving could discuss his arrangements with the transport office, and remarking that many other cases had been referred to the navy office, which had made no report. Nepean promised to send the names of those rejected to Erving on 25 Oct. and hoped to include the reasons for their rejection. Erving also enclosed a copy of a 23 Oct. 1802 letter from Rupert George of the transport board (1 p.) stating that the lords of the Admiralty agreed to pay ten guineas per person for passage for discharged American seamen upon presentation of the necessary vouchers to the transport office.

   Filed with this dispatch is a “List of American Seamen shipped on board the Mary, Captain Thomas Temple for Norfolk,” giving their names, “State belonging to,” and “Colour” (one Indian, five mulattoes, thirty-four blacks and forty-two whites), with a copy of Temple’s 7 Nov. endorsement, “Received the above 82 Men onboard the Mary for Norfolk.”

   Enclosure no. 16, a copy of a letter from the Thames Police Office to Erving, 1 Nov. 1802 (2 pp.), listed the names of seven idle and disorderly American seamen who had been committed to prison for seven days as rogues and vagabonds. The magistrates asked if Erving had any means of sending the men to America and offered to release them before the expiration of their sentences. Erving shipped five of the seven to Norfolk aboard the Mary (“List of American Seamen shipped on board the Mary …” [see n. 14]).

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


Title: To James Madison from John Gavino, 21 October 1802 (Abstract)
From: Gavino, John
To: Madison, James

21 October 1802, Gibraltar. No. 101. “I have only time to hand you the inclosed from Consul OBrien w: Copy of his Letter to me under 3d. Inst. I refer to mine No. 100 [17 Oct. 1802] ⅌ this Conveyance.”

   RC and enclosure (DNA: RG 59, CD, Gibraltar, vol. 2). RC 1 p. Docketed by Wagner as received 18 Dec. For enclosure, see n. 1.

   In O’Brien’s 3 Oct. 1801 [1802] letter to Gavino (2 pp.), he acknowledged receipt on 28 Sept. of Gavino’s 6 Sept. letter and stated that the dey, through the minister of the marine, had ordered him to inform JM that the dey declined to receive Cathcart as consul. O’Brien then listed the dey’s objections, “stated in the Letter herewith for the Secy. of State” (see O’Brien to JM, 16 Sept. 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:585–86). He noted the capture of three Swedish brigs by Tripolitan corsairs and asked Gavino to forward to JM a “Copy of this Letter … by several Conveyance[s]” and to notify Cathcart, if he was still at Leghorn, of the contents. He added, “This Govt. seriously asks me when is the Vessel with stores to arrive here from the U.S.”

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


Title: To James Madison from Richard O’Brien, 22 October 1802
From: O’Brien, Richard
To: Madison, James

Esteemed Sir,
Algiers The 22d of October 1802
I would wish to draw your attention to the following Considerations That in June last this Regency Obliged The Spaniards to give them an extraordinary present which Spain Seen her policy and interests in acquiseing to. The amt. was 160 Thsd. dollars. There was no pretence for this extra demand The dey &c ministry would have money and Spain would not have difficulties. The Regency as an extra act of Severity and irritation demands of Spain a large Public Vessel to go to the Levant to Bring Stores to Algiers, of Course This latter demand must be acquised to or bribed of—or war.
I have by several Conveyances detailed fully the conduct of The french in August last by skearing the dey with Threatening letters and ambasadors and obliging him to acquise to french demands—but this same Circumstance will induce this Govt. to Search for difficulties with those nations whose interest it will be to Comply and that has not The power of awing or Commanding The requisite respect.
On the British affairs The algerines has demanded they should Change their meditteranian passports, and pay the deys old Claim of 187 thousand dollars or he would make war in 5 months from the date of the 22d. of June. 4 months is past, and it is reported a British fleet is expected here on this business. The same time a person is Empowered by the dey to arrange this affair—at all Events great Briton has nothing to fear from Algiers and The latter need not dread the former.
The dutch has made a Cash payment in Lieu of stores as they were 6 years in arrears the sum in Cash advanced was nearly Equal for The 6 years to 240 Thsd. dollars—besides doucers—and The batavian Govt in fut[u]re to send stores with all this admiral De.winter seen the necessity of giveing The dey a present of 120 Barrels of powder out of his ship, an Example and Custom which will in fut[u]re be attended to by Algiers.
The dey in July demanded of denmark an extra Regalia or present of 100 Thsd. dollrs. To this demand as yet there is no Ansr. I find the dean Consul is trying to purchase of this Idea and I doubt not but it will be done for 30 Thsd. dollars which denmark will pay in order to not have her Commerce Alarmed.
The deys and ministrys idea might be to put their hands to aid our affairs with Tripoli I consider [it] as a vailed extra demand.
This day arrived here three dean ships with Stores for The three years arrears of Annuities due to this Govt. by denmark This secures against difficulties with Algiers.
Sweden is in arrears 3 years to Algiers but Stores is comeing to make up their deficiency allso That Govt. is 70 Thousd. dollars in debt to the Jews on account of spoilations of The British and french in takeing Algerine Cargoes in Swede Vessels. This is in a fair way of being paid, add to this That the Swedes has no great Commerce in that Sea and that little Commerce is Carried on but what is Convoyed on acct. of the Swedes late war with Tripoli.
I think next summer The [illegible] will have difficulties with algiers as this Govt. insists that Germany will send here a Consul and make the usial presents—and Barbary payes but little attention to the gaurantee of The Grand Signior.
Relative to our peace on the present Occasion I have my fears we will not succeed as the deans, Swedes and dutch has arranged, and we have but two or Three frigates in this Sea what impression Can they make whilst during The Summer at no one time two of them were not in Sight of tripoli. Add to this They Cruised a Great distance of and neither prevented Corsairs of tripoli of going to Sea or returning and with all They talk of Blockade, Vessels of all nations went in and Came out of tripoli without any molestation. Add to this Theire Whole Valuable Countrys trade was left undisturbed. This in a great measure might be attributed to our squall with Morrocco which kept in that Quarter one half of our force. Govt I presume has calculated on the wish of the Pascha of tripoli to make the truce with Commodore Dale, but at that time the Pascha had his Corsairs blockaded at Gib. much of his Subjects property afloat. The terms of Commodore Tornquist rejected by Sweden, a stiffness of denmark not to acquise, and Then no permanent arrangemt. with france. This induced tripoli to seek for The truce with Commodore Dale—but at that time They allso felt Sensibly The drubing given to their Corsair by Capt Starret.
But at present The affairs of tripoli is in a different train and they have greater Views. They see and know our feeble Efforts to Cruise and blockade—and that we have a great Commerce and not the means or System to protect it. That their Corsairs is augmented and that as they are at peace with portugal they Can push out of The Streights—where our Commerce has no protection or Convoy That they Stand well with all Europe Algrs. and tunis.
As I presume the Govt. of The UStates has not given orders to give tripoli to a greater amount Then 30. or 40 Thsd. dollars I have my fears That this Sum will be Considered to be not adequate—particularly if it is not in Cash on board with The negotiator add to this a lee board—that in this Country a person as negotiator that is not in repute with Those he is to negotiate with is Very prejudicial to The obtaining The object. But if Mr Cathcart has the aid of Mr Bryan MDonough farfara, and The Spanish Consul, he will notwithstanding Succeed. That is if he has the Cash with him or a credit for the amt. on Livorn—but if Those 3 of influence Should privately oppose him nothing is at present to be done. The Spanish Consul for his former Services and friendship merited Something extra more then The letter of thanks of Mr Barlow & Mr Pickering. It is Customary to give Consuls in Barbary on those Occasions Something more Substantial for Services they Render More then letters. As to Bryan Mc.Donough &c farfara, you can be informed by Capt Morris how much Mr. C merits their aid—on our affairs—I hope we Shall Secure with Tripoli in our first attempt but I have my fears and has described My Motives. One thing might be in our favour on this task is our difficulty with Morrocco. What is The result thereof or how affairs at present Stands, I have no information.
The Bey of Tunis has acquised to The demands of The dey and gives him 200 Thsd. Mauboes besides doucers to The Algerine Ministry and directory Since The 24th. ultimo this regency has been informed from Livorn of Mr Cathcarts appointment to Algiers and to negotiate a peace for The UStates with Tripoli.
The Same time I and our affairs in Algiers is Vergeing on to a leeshore I have no one acct. or information of any Vessel intending or loading with Stores for algiers notwithstanding I am seriously asked on this business—next we are in debt to The Jews The directory and it Seems it is unknown to me when they will be paid. Next all the Credit we have in This Country depends Entirely at their Obtion—and They have their whims and Caprice and if The Vessel with The annuities does not arrive Shortly, of Course I shall have to Search from them Money and presents, and they might not be inclineable to advance, and I will not have any other resourse but left to The mercy of the winds and waves.
You know The State of our debts in november last at Algiers to be 15073 dollars not includeing Consular expences. From november last year to This date our disbursements of money does not exceed —— dollars 1000 not includeing anything of the business of Capt Morris & Crew. We owe The Regency one years Annuity The 5th. of Sept last. This I presume might be expected.
On the first of Sept. 1803 we shall have to make the B[i]ennial present even with 600 yards of Cloth and 12 pieces of Linnen from The UStates, will cost 16. or 17 thousd. dollars. Next The new Consular present with an Equal quantity of Cloth and linnen will Cost 18. or 20 Thsd. dollars. These Considerations with The new meditteranian passports Should not be omited on your part. Allso with The new Consul Some extra funds, and a good & shure Credit, not for him to be Entirely dependant on the Jews here. With The Consul he should have a letter of credit from The Govt. of The UStates to Bacris & Busnachs to Say that whatever Sums of Money, or presents—which The Consul for The UStates Should want for The use of the affairs of his nation &c. that Should be Supplied to him for That use by the said Bacris and Busnachs will be paid by The UStates. This will be requisite to reinstate his Credit here or That of The UStates, as the Jews will perceive by no money being forwarded That something is The Matter or Cause.
A Consul here is A post of great National Consequence and therefore The Govt of The UStates, Should Send here a person of great respectability in whom they Can repose their greatest Confidence—he should have a full Credit with you allso in Europe and Consular funds, and full lattitudes. That of refering things to his Govt. time will not permit, he will often be Thrown into That position that he will have to Judge—and determine your all in this Country or Seas—and a free Correspondence between him and the Commander of the US. Marine division—in this sea—I Should presume to Say that if The Govt. of The UStates, Could prevail On Capt Bainbridge to Come to Algiers as their Consul he would be a Character well Suited for this place. He haveing been here and Carrying The deys Regalia and Ambasador up the Levant—gives him here many friends particularly with The present generl. of the Marine. The best time for The new Consul to Come is with The Vessel with The Annuities or Stores and by being with me at the Settleing for that Cargo with The Regency he will Collect much requisite information and practice more so then Could be explained in much writeing.
I Know it is a dangerouse affaire to presume to dictate or advise a Govt. but actuated as I am for the good of my Country it becomes me to State my ideas or Sentiments on their affairs, whenever a Consul of The united States in Barbary has not it in his power So to do, his Country will Soon experience the result.
After a Captivity of 10 years and 41 days I was appointed The 10th. of July 1797. My pay of Course Commences from that date, and I supose will Continue under pay untill I arrive in the UStates, and settle with Government.
You will Observe Sir That your letter of The 10th. of may makes no mention of how or in what manner I and my family is to return to The UStates I pray your further attention on this Subject and as there is at present a prospect of my remaining Sometime in this Country, Contrary to your decreed will or my inclination, I hope you will give orders, That with The Vessel whom Brings here my Successor That said Vessel will allso Carry me and family to The United States.
Do you not Consider Sir, That The Consul of The united States, at Algiers acting as Minister of your Barbary affairs is not Entitled to one years Salary as an outfit this Claim I have never renounced on the UStates. I have made Said Claim on the ExGovernment, and they gave me no ansr. this does not Confirm me That I have not no Just pretensions to it. All other nations Except the UStates, allows their Consul of Algiers on his retireing from this place a pension of 6. or 800£ Stg pr. year or a post of more Emolument, under this idea I think The Consul of The UStates is more fully Entitled to one years Salary, for his outfit, as his Establishment in this Country is attended with a great personal expence which by his removal becomes a great loss—to him in disposing of his private houshold furniture.
Further permit me to Observe that it is requisite The Consul of the United States at Algiers Should have a national secretary Say you appoint one at 500 dollars. It is an Expence but allso a very essential and requisite one.
If the Consul should go to his long home what would be the state of your affairs and extra and pertended Claims, but at times by his going or leaveing The Secretary, he Saves your affairs by gaining time to make a full referance to his govt. Need I not further explain on this Subject to The present Secretary of State, further it has been prejudicial to our affairs at Tripoli that the dean Consl. has been Charged with our affairs. He has been Enabled to keep his own affairs quiet and to arrange, but being privy to our first difficulties, with Tripoli he took an advantage of the Same to our prejudice and to the interests of his own nation. Further I assert, he bafled the business of the truce offered by the Pascha to Commodore Dale. I do not go by hearsay. I quote from facts. I have forwarded in the dispatch by Capt. Morris Sundry Consular Certificates. If anything more is necessary, I shall be Glad to be informed by you. I shall be happy in hearing from you and be Convinced that nothing Shall be omited on my part to promote The interests of The united States. I pray my most respectfull Compliments to The President, and I am Sir with Sincere regard and Esteem Your most Obt. Servant
Richard Obrien
I have no book of The laws which has either the British french Spanish or tunis treaties therein.

   RC (DNA: RG 59, CD, Algiers, vol. 6). Marked “1st Copy” by O’Brien, who also wrote “Spanish,” “french,” “British,” etc., in the margin next to the paragraphs discussing the relations of those nations with the Barbary States. Docketed by Wagner as received 19 May.

   See O’Brien to JM, 16 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:494–96).

   The dey’s claims against the British had been pending since 1800 (Robert L. Playfair, The Scourge of Christendom: Annals of British Relations with Algiers prior to the French Conquest [1884; New York, 1972 reprint], pp. 230–31; O’Brien to JM, 1 Feb. 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:433).

   For the pasha’s offer of a truce, see David Humphreys to JM, 20 Oct. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:185).

   For the peace arrangement that was rejected by the king of Sweden, see Cathcart to John Marshall, 4 Jan. 1801 (Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:406); and Cathcart to JM, 2 July 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:370).

   For the capture of a Tripolitan vessel by Capt. Andrew Sterett of the Enterprize, see Richard Dale to Gavino, 19 Aug. 1801 (Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:555).

   For Barlow’s and Pickering’s letters to Gerardo José de Souza Betancourt, see Barlow to Pickering, 18 Aug. 1797, and Pickering to Cathcart, 20 Dec. 1798 (ibid., 1:206, 274).

   Mahbub is the North African name for the Turkish gold sequin (M. Th. Houtsma et al., eds., E. J. Brill’s First Encyclopædia of Islam, 1913–1936 [9 vols.; New York, 1987], 5:111).

   See O’Brien to JM, 8 Nov. 1801 and 1 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:231–32, 432–33).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:208.

   In the margin beside this paragraph O’Brien wrote, “Observe that Spanish doubloons passes at Algiers for 16. dollars.”

   In the margin beside this paragraph O’Brien wrote, “the dey is working with Severity The portugue officers in order to induce that Govt. to a peace and ransom on his own terms.”


Title: From James Madison to Albert Gallatin, 25 October 1802 (Abstract)
From: Madison, James
To: Gallatin, Albert

25 October 1802, Department of State. Asks that a warrant for $500 be issued on the appropriation for “incidental and contingent expenses of the Department of State … in favor of Christopher S. Thom: he to be charged and held accountable for the same.”

   Letterbook copy (DNA: RG 59, DL, vol. 14). 1 p. JM made identical requests to Gallatin on 8 and 17 Nov. 1802 and 21 Mar. 1803 (ibid.).


Title: To James Madison from Stephen Cathalan, Jr., 25 October 1802 (Abstract)
From: Cathalan, Stephen, Jr.
To: Madison, James

25 October 1802, Marseilles. Transmits a packet from James Leander Cathcart at Leghorn. The Constellation arrived at Toulon 18 Oct. from Leghorn needing rudder repairs and sailed from Toulon on 22 Oct. for Gibraltar “to settle with Consul Simpson definitively The Treaty between U. Stes. and Morocco.” The Constellation was ordered by Morris not to stop at Marseilles or at Spanish ports for convoy. The Swedes have made a peace treaty with Tripoli with French mediation and will pay $150,000 cash and an annual tribute of $8,000, but no ransom for Swedish prisoners. The Swedish consul at Marseilles showed Cathalan a sealed packet containing the treaty which Admiral Cederström delivered to be forwarded to Sweden for ratification. Morris was to sail from Leghorn to Tripoli with Cathcart to negotiate peace and could not have been informed “that peace with Sweeden was already made, only That They were treating for it.” The Enterprize was to leave Leghorn for Toulon to offer convoy to American ships “down The Streights.” Cathalan’s agents at Toulon supplied the Constellation only with fresh provisions. Minor repairs were provided by the arsenal for which the prefect made no charge. Cathalan’s agents were paid “by Capn. Murray in his bill on Messrs. Ogden Schwartz & Company of Marseilles under Agents of Mr. Purviance at Leghor⟨n⟩,” who had provided Murray with letters to that purpose. Both Cathalan and his agents offered to supply Murray on Cathalan’s account and by his orders, but Murray preferred using “Mr. Purviance’s Channell,” thus saving Cathalan the trouble of going to Toulon as he had offered. The Columbia of Providence, George A. Hallowell, master, left Marseilles quarantine for Providence via Barcelona with a clean bill of health after seven of eight ailing crew members had died, the last on 12 Oct. Adds in a postscript: “No doubt Wm. Lee Esqr. our agent at bordeaux will have forwarded you The copy of the letter I had received from Mr. Beaussier The French Chargé d’affairs at Tripoly, which I forwarded him on the 15. octob. inst.”

   RC and enclosures (DNA: RG 59, CD, Marseilles, vol. 1). RC 3 pp. Docketed by Wagner. For enclosures (docketed by Wagner as received in Cathalan’s 25 Oct. 1802 dispatch), see n. 2.

   For the quarantine of the Columbia, see Cathalan to JM, 12 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:573, 574 n. 1).

   Cathalan enclosed a copy of Bonaventure Beaussier’s 12 Sept. 1802 letter (2 pp.; in French), reporting that the blockade had been lifted two months previously and no Swedish or American ships were patrolling. Capt. Andrew Morris appeared to have a good deal of freedom, Beaussier wrote, his needs were supplied by Nissen, and Beaussier had forwarded letters to him from Cathalan and McNeill. The Danish frigate carrying payment to prolong peace for five years was expected daily from Leghorn, and Cederström, who arrived under flag of truce, said the Constellation was at Naples. Beaussier stated that he had been authorized by Tripoli to act as intermediary with Sweden. Cathalan added a postscript asking that Beaussier’s name not be mentioned should the letter be published. Cathalan also enclosed a copy of Andrew Morris’s letter of 15 Sept. 1802 (1 p.; printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:274), acknowledging receipt on 3 Sept. of letters from Cathalan and McNeill, thanking Cathalan for asking Beaussier to look after him, and reporting the Tripolitans were so anxious to accommodate differences that the U.S. could probably have peace on its own terms should Commodore Morris or any other authorized negotiator come forward.

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


Title: To James Madison from Robert W. Fox, 25 October 1802 (Abstract)
From: Fox, Robert W.
To: Madison, James

25 October 1802, Falmouth. Last wrote on 4 Sept. in reply to JM’s 16 June letter. Forwards some newspapers, “which again begin to be interesting,” but sincerely hopes Europe will not have war again. “For some time past” has been sending newspapers by almost every packet to New York in care of the postmaster there but believes they have not all been forwarded, as some covers have lately been returned to the packet agent at Falmouth with inquiry as to who sent them. A gentleman in the post office department at London has the privilege of franking newspapers by packets. Mentions this to account for papers not reaching JM. “The Crops in England have turned out, in general, productive and prices may be quoted from 56/ à 64/ ⅌ Qur. for Wheat & 50/ à 52/ ⅌. Sack of 2½. for Flour. In Spain there is a demand for Flour for the Havannah; prices by the last advices 10 to 11 hard Dollars.” Because of crop failures Italy also requires imports.

   RC (DNA: RG 59, CD, Falmouth, vol. 1). 2 pp. In a clerk’s hand, signed by Fox.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:310, 547.

   A quarter of wheat was usually equivalent to eight bushels (Ronald Edward Zupko, A Dictionary of Weights and Measures for the British Isles: The Middle Ages to the Twentieth Century [Philadelphia, 1985], pp. 339–40).

   A sack was a measure for flour of two and one-half hundredweight or 280 pounds. It equaled five bushels (ibid., pp. 359, 362).

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


Title: To James Madison from William Jarvis, 25 October 1802 (Abstract)
From: Jarvis, William
To: Madison, James

25 October 1802, Lisbon. Last wrote on 15 Oct. enclosing a copy of a 30 Sept. letter from Gavino and his own 14 Oct. note to the Portuguese government. Encloses Portuguese reply. “I am very sorry it was not given in season to enable us generally to profit by the explanation, but I am inclined to think that the delay was intended to prevent large orders being given & large quantities being sent.” Hopes nonetheless that “the spirit of adventure” that characterizes U.S. merchants has led them to make large shipments, as prohibition has caused the price of flour to rise from $7.50 to $10 per barrel. Has no news from Barbary. “The only news that I am desirous of hearing from thence, is that they wish a Peace, for every other, in a War with a power where We have every thing to lose & nothing to gain, is likely to be unfavourable.”
Supercargo Charles L. Hyatt of the Pilgrim has given him a 2 May letter from John Mackay at Rio de Janeiro telling of a British ship that arrived there from St. Helena bearing clearance papers from the coast of Brazil. The government seized and held the ship for two days, imprisoned the captain and crew, and then released them and the ship, “saying in excuse for giveing her up that the Water was bad. This Vessel was under precisely the same circumstances that were the Samuel & Pilgrim.” When the Samuel’s case comes up for final decision “next month, it will be a strong point to urge in her favour.” The French chargé left Lisbon “two days since.” “It is said that this Govmt. acceded to all the demands that Genl. Lannes made by order of the French Government.” Whatever Lannes’s business was, he transacted it with minister of the interior Luis Pinto, Viscount Balsemão, whereas by custom and etiquette he should have treated with minister of foreign affairs Almeida. “This circumstance some insinuate forebodes Don John no good, but probably it is not sufficient ground to justify the conclusion.”

   RC and enclosure (DNA: RG 59, CD, Lisbon, vol. 1). RC 3 pp. For enclosure, see n. 1.

   Jarvis enclosed Almeida’s 16 Oct. 1802 note (2 pp.; in Portuguese with translation) saying that the period of admission for flour would expire on 4 Jan. 1803. “In the interim” flour that was ordered by, or that came consigned to, any house in Lisbon could be consumed anywhere in Portugal.

   The Samuel and Pilgrim had been confiscated in Brazil, and the cases were under appeal. For the Samuel, see Thomas Bulkeley to JM, 10 Feb. 1802 (first letter), Bulkeley to JM, 16 July 1802, and Jarvis to JM, 3 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:456, 3:398 and n. 3, 451–52). For the Pilgrim, see Charles Lyon Chandler, “List of United States Vessels in Brazil, 1792–1805, Inclusive,” Hispanic American Historical Review, 26 (1946): 613–14.

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


Title: To James Madison from Francis H. Rozer, 26 October 1802
From: Rozer, Francis H.
To: Madison, James

Sir
Oct. 26th. 1802
I have requested Mr F. Hall to call on you for the hire of my Negro Man George. I was in hopes he suited you, and that you would have continued him in your service. As I am informed the hire of servants is not so high as it was; I intended informing you of my terms for the ensuing year, which I have fix’d at $100. If inclined to continue him, please inform me by Mr Hall. I have the honor to be Sir Your Most Obt. Servt.
Frs. H Rozer

   RC (DLC).

   For the initial terms of JM’s hire of Rozer’s slave, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:203.


Title: To James Madison from Louis-André Pichon, 27 October 1802
From: Pichon, Louis-André
To: Madison, James

Georgetown Colombia le 5. Brumaire an 11. (27. 8bre. 1802.)
Le Soussigné chargé d’affaires de la République française a l’honneur de transmettre ci Jointes à Monsieur Le Sécrétaire d’Etat des Etats Unis deux dépêches qu’il a reçues d’ordre du Premier Consul de la République Sous la Signature du Ministre des Relations Extérieures. L’une, Sous la date du 15. Thermidor an 10 (3. août 1802.) est relative à l’évacuation par les troupes de la République du territoire Helvetique et de la partie de l’Italie Jusques là occupée par elles.
La Seconde en date du 18. Thermidor (6. août) donne au Soussigné communication des deux Senatus Consultes des 16 et 17. du même mois: (4 et 5 août) le premier proclamant la nomination à vie du premier Consul par le vote de trois millions cinq cent Soixante dix huit mille cent quarante cinq citoyens; le Second étant un Sénatus Consulte organique de la constitution.
Le Soussigné ayant l’ordre de Son Gouvernement de porter à la connaissance de celui des Etats Unis les mesures et les transactions importantes dont il Sagit dans ces dépêches, ne croit pas pouvoir plus éffécacement donner course aux Sentimens qui y Sont exprimés, ni intéresser plus vivement le Gouvernement Américain à des événemens qui, d’un coté, marquent d’un maniere Si éclatante les dispositions moderées et pacifiques du Premier consul et qui, de l’autre, ont une influence aussi décisive Sur les destinées interieure et les rapports extérieure de la France, qu’en communiquant à Mr. Le Sécrétaire d’Etat le texte même et le langage de ces dépêches. Le Soussigné prie Mr. Madison de vouloir bien le mettre Sous les yeux de Mr. Le Président des Etats Unis et d’agréer l’assurance de Son respect et de Sa haute consideration.
L. A. Pichon

Condensed Translation
Pichon encloses two dispatches he received from the minister of foreign relations. The first, dated 3 Aug. 1802, relates to the evacuation of French troops from Swiss territory and from the part of Italy hitherto occupied by them. The second, dated 6 Aug., contains two Senate decrees of 4 and 5 Aug. The first decree proclaims the election for life of the First Consul by a vote of 3,578,145 citizens. The second decree from the Senate relates to the constitution. Having been ordered by his government to bring these important measures and transactions—demonstrating the moderate and pacific disposition of the First Consul and influencing the domestic destiny and foreign relations of France—to the knowledge of the U.S. government, Pichon communicates the text of the dispatches to JM and requests that JM place it before the president.

   RC and enclosures (DNA: RG 59, NFL, France, vol. 1). RC docketed by Wagner. For enclosures, see nn.

   The enclosed copy of Talleyrand to Pichon, 15 Thermidor an X (3 Aug. 1802) (3 pp.; in French), announced the evacuation of French troops from Switzerland, adding that the French troops that had occupied Otranto and Bari under the Treaty of Florence would also be withdrawn. Pichon was instructed to make the U.S. aware of the moderation of the French government, despite certain writers who calumniated the intentions and the system of that government.

   Pichon enclosed a copy of Talleyrand to Pichon, 18 Thermidor an X (6 Aug. 1802) (2 pp.; in French), which enclosed two Senate decrees printed in the Paris Moniteur universel on 16 and 17 Thermidor. Talleyrand commented that the relationship between universal harmony and the prosperity and internal security of France left no European government indifferent to the two measures. He noted that the spirit of patriotism evident in the speeches of the president of the Senate and of the First Consul would persuade foreigners that France had no other goal in war or peace than to gain an independence established on the principles of justice and public order.


Title: To James Madison from William Stewart, 28 October 1802 (Abstract)
From: Stewart, William
To: Madison, James

28 October 1802, London. Acknowledges the recent receipt of JM’s letter of 4 May enclosing his commission as consul at Smyrna, Gallatin’s circular to collectors, and the instructions of 1 Aug. “The other instructions referred to in above letter were not inclosed.” This will be no inconvenience as Erving has allowed Stewart to copy his, which presumably are the same. Requests that JM forward the originals to Smyrna. “Not being able to find at this place two American citizens known to me, I have sent the blank bonds to my friends in Philadelphia, who will have them filled up and returned to your office.” Asks JM to thank the president for the appointment. Will do everything he can to fulfill the duties of his office. Adds in a postscript that he will write next from Smyrna, for which he leaves in a few days.

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

   Letter not found (calendared in PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:185).

   For JM’s 1 Aug. 1801 circular letter to consuls, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:1–4; for Gallatin’s circular to the collectors, see Gallatin to JM, 22 July 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:453–54 and n. 1). The missing instructions were probably JM’s 10 June 1801 standing instructions to American consuls and vice-consuls (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:288–89).

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


Title: To James Madison from William C. C. Claiborne, 29 October 1802 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

29 October 1802, “Near Natchez.” Encloses a letter received “last evening” from Hũlings together with a translation of an extract from Morales’s 16 Oct. proclamation. “These despatches, announce ’that the Port of New Orleans, is shut against foreign commerce and the American deposit.[’] Not understanding from the Intendant’s Proclamation, whether or not, another place on the banks of the Mississippi, had been assigned by his Catholic Majesty, (in conformity to our Treaty, with Spain), for ‘An equivalent establishment,’ I have by letter, (a copy of which is herewith enclosed) requested information, on this point from the Governor General of the Province of Louisiana.… The late Act of the Spanish Government at N. Orleans, has excited considerable agitation in Natchez and its vicinity. It has inflicted a severe wound upon the Agricultural and commercial interest of this Territory.” Supposing it important that the government “should be early apprised of the late event” at New Orleans, and “There being at present an interruption in the Post between this Territory and Tennessee,” he has forwarded this letter by express to Nashville to be deposited in the mail.

   Letterbook copy and copies of enclosures (Ms-Ar: Claiborne Executive Journal); Tr and Tr of first enclosure (DNA: RG 233, President’s Messages, 7A-D1). Letterbook copy 2 pp. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:210–11. Tr and Tr of first enclosure forwarded in JM to Jefferson, 21 Dec. 1802, and transmitted to the House of Representatives on 22 Dec. 1802 (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 2d sess., 39–40). For enclosures, see nn.

   Hũlings to Claiborne, 18 Oct. 1802, enclosed an extract of Morales’s 16 Oct. proclamation (DNA: RG 233, President’s Messages, 7A-D1; printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:207). Hũlings’s letter contains a postscript reporting that Morales had also refused permission for the duty-free passage of U.S. government stores through Spanish territory to Fort Stoddert. Hũlings added that he would petition Salcedo on the matter and report the result.

   Claiborne to Manuel de Salcedo, 28 Oct. 1802 (printed ibid., 1:209–10).


Title: To James Madison from Levi Lincoln, 29 October 1802 (Abstract)
From: Lincoln, Levi
To: Madison, James

29 October 1802, Worcester. Has considered the case of Captain Clifton, on which JM asked his opinion. “It is believed no law recognized by nations, enacted, or adopted by the U States is particularly applicable to this case, or will render it proper for the US to interpose. I doubt very much the authority of the general Govt to take, forcibly detain in custody, and bring to this country from Europe a person charged with barretry on private property. He being here, it appears to me clear he would be amenable to our courts. The tortious act must have originated on the high seas, or at least must have been so continued as to have existed on the high seas, and constituted a new act of barretry in every successive place, to which the vessel was carried.” If the act were a criminal offense, Clifton would be triable by U.S. courts, although had the offense occurred “within the territory and exclusive jurisdiction of a foreign nation it might be questioned. This being a civil offence, a breach of trust, there can I think be no doubt.”
“The case … appears to me, a deep marked instance of barretry. Still, it may be otherwise, and the US are not authorized to examine into & decide on the evidence, but in regular process, exhibited to proper tribunals, by the injured party. Cliftons imprisonment by the Spanish Govt. is not adverse to the rights of the US or of their citizens of which they complain as against that Govt., but in aid and in conformity to the supposed wishes of this Govt. and the actual wishes of the owners. As the US having nothing to complain of or ask for, from the Spanish Government, I can see no necessity for their interference. If Clifton has violated the laws of Spain; or if its laws will give remedy to the injured owners, they are at liberty to pursue it there; if not, they will take their own measures to obtain it, elsewhere. If the owners are unlawfully detaining their master in prison, they are liable to his action. The controversy appears to be of a civil nature, between private persons, and like all such cases, to be left to take their course, on the ordinary principles of law. A master’s defrauding and cheating his owners, by embezzling their ship and goods on board being triable by a court of Admiralty and not differing in principle from any other fraud, or breach of trust.”
“The sufferings of Clifton, as a citizen imprisoned in a foreign country,… are objects of attention. He certainly ought to be brought to trial, or to be released. My opinion is, that it would be best for Mr. Pinckney, considering what has already taken place, to inform the owners or their agents that it is a matter involving private rights and with which the US cannot with propriety interfere and that therefore they will pursue such measures for redress of their injuries in conformity to law, as they may judge expedient.”

   RC (DNA: RG 59, LOAG). 2 pp. Docketed by Brent. Printed in Hall, Official Opinions of the Attorneys General, 1:123–24.

   For Thomas Clifton’s case, see Charles Pinckney to JM, 24 July 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:423–24 and n. 1).


Title: To James Madison from Stevens Thomson Mason, 29 October 1802 (Abstract)
From: Mason, Stevens Thomson
To: Madison, James

29 October 1802, “Rasberry Plain.” Introduces Charles Fenton Mercer, “the son of our late friend Judge Mercer,” who is about to embark for England on important family business and will carry any dispatches JM might wish to send by him.

   RC (DLC). 1 p.

   Federalist Virginian Charles Fenton Mercer (1778–1858), son of Revolutionary patriot James Mercer, graduated from the College of New Jersey in 1797 and was licensed to practice law in Virginia in 1802. A member of the Virginia House of Delegates from 1810 to 1817, he represented the state in the House of Representatives as a Republican from 1817 to 1839.


Title: From James Madison to Louis-André Pichon, 30 October 1802
From: Madison, James
To: Pichon, Louis-André

Sir
Department of State October 30th 1802.
I have received and laid before the President your note communicating the evacuation of certain foreign territories by the french troops, and the two Senatus Consulta, one proclaiming the suffrage by which the chief Consul is appointed for life, the other organizing the constitution of the Republic.
The President placing a just value on this mark of a disposition in the French Government corresponding so well with that of the Government of the United States to strengthen confidence by frank and friendly communications, does not lose the occasion of manifesting the interest which the United States take in every measure honorable to the external policy of the French Republic; or which may be adopted with a view to its external stability and happiness.
Having themselves exercised the Right of modelling their Government according to their own estimate of the circumstances in which they are placed, they must entertain the deeper respect for the same right in others. Uniting with this sentiment that which belongs to the friendly relations subsisting with the French Nation, they can offer no wish more sincere or more suitable than that the lusture [sic] which its arms have acquired under the Heroism of its present chief, may be equalled by the blessings resulting from his civil administration. With great consideration &ca.
James Madison.

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

   Pichon to JM, 27 Oct. 1802.


Title: To James Madison from Vincent Gray, 30 October 1802
From: Gray, Vincent
To: Madison, James

Sir,
Havana Octo. 30. 1802.
Since my last of the 29th. instant, a French national Schooner arrived here from the Cape, having on board a French commissary charged as I am informed with the execution of some commercial arrangements between this and the French Government.
And as he intends to leave his family here and proceed on to new orleans soon, I presume he is charg’d with the execution of some plan relative to the surrender of Luissianna to the French Republic—As I have it from good authority that an order of His Catholic Majesty to that effect, hath long since been received here by the captain general of that Province and of the Floridas.
He is as I am informed also charged with the investigation of, and final settlement of all the claims relative to French captures made in these seas, and brot. into this Island. And also with power to procure on loan a large sum of money for the use of the French army at the cape exclusive of the Loan lately made at Mexico for the same purpose; the amount of which is expected here in the first vessel from vera cruz.
He has been received here by the Heads of Department in a very flattering manner, and if his views are solely of a commercial nature at this place which I have some reason to believe they are, it may tend to our advantage; as we shall under the nineteenth article of the Treaty of Lorenzo, have a right to claim and enjoy the same priviledges which may be granted to the agents of the most favored nation.
However as he is an old acquaintance of mine, I shall as soon as he gets thro’ the usual ceremonies with the officers of this Government, and his family Settled; ascertain if practicable the extent and precise object of his mission—of which you shall be informed immediately. I am, Sir, very respectfully, your mo: Obt. Servant
Vincent Gray

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

   Article 19 of the Treaty of San Lorenzo states that consuls of the U.S. and Spain should be reciprocally established, each enjoying the privileges conceded to consuls of the most favored nations in whichever port these consuls should reside (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:334).


Title: To James Madison from Levi Lincoln, 1 November 1802
From: Lincoln, Levi
To: Madison, James

Dear Sir
Worcester Novr 1. 1802
Mr. John Waldo, letters from whom I have heretofore handed you soliciting for a Consulship, is now in this town. It is in compliance with his request that I do myself the honor to state to you his continued wishes on this subject. He says Mr Livingston has written you in his behalf. He has letters with him, from Barlow, Sumpter & others, which Speak very handsomely of him. He means to wait on you, at the meeting of Congress, thinks there is a vacancy at the cape. I beleive him a gentleman of ability & character, know but little of his politicks, have however, the impression that he has been very federal, On his remarking to me, that his friends were all so meaning his pa[r]ticular connections, and that he himself was no party man—I observed to him, I beleived, altho the administration had been extremely liberal in these respects, It was very obvious, as the opposition were endeavouring to embarrass & dis⟨c⟩re⟨di⟩t these measures, for the success of which the government was responsable, it would be necessary to place its offices in the hands of its friends. His reply was, it certainly would be. A Mr Joy wishes me to remind you of his application for Antwerp.
This day is very unpromising, wet and stormy. We a[re] watching the clouds & praying for fair weather. Appearances is rather against us—the travelling bad. The Priests, the traders, & the people in office, whose influence is strongest, in their neighbourhood are generally federal, & reside in the centre of our towns; the farmers from the skirts if the weather should continue rainy, I fear will not generally attend our meetings. If they do not, the republican interest will suffer. With affectionate esteem I am Sir your most obedient
Levi Lincoln

   RC (DLC). Docketed by JM.

   In November 1801 Jefferson had replaced Adams appointee John Jones Waldo as commercial agent at Nantes with Thomas T. Gantt. On 31 Dec. 1801 Robert R. Livingston recommended Waldo as commercial agent for Marseilles. Fulwar Skipwith and Thomas Sumter recommended Waldo on 29 and 30 July 1802, respectively (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:404 n. 2, 2:360, 361 n. 6, 3:441, 447). Joel Barlow’s letter has not been found.

   The application has not been found, but it was probably from Boston resident Benjamin Joy, who had been U.S. consul in Calcutta, or his brother George, who was later nominated as U.S. consul at Rotterdam (PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (3 vols. to date; Charlottesville, Va., 1984—)., 1:30–31, 2:140 n. 2).

   Of the seventeen congressional seats contested in the 1 Nov. Massachusetts election, ten were won by Federalists and seven by Republicans. The Federalists gained two of the three new seats (Boston Columbian Centinel, 3 and 13 Nov. and 4 Dec. 1802).


Title: To James Madison from William Madison, 1 November 1802
From: Madison, William
To: Madison, James

Dr. Brother,
Nov: 1st. 1802.
I spoke to Mr. Taylor on the subject of drawing your deed to Dr. Rose he feels positive embarrassment in the task knowing no general words that will convey your meaning but he ⟨will?⟩ make a particular recital of the case so as to express the exception you are disposed to make in my favour. Mr. T. is positive that without this recital the Dr. will be completely vested with all the intt. that you otherwise wd. have in the land calld. shadracks & if it shd. be decided that any land had been advanced to me I shall be obliged to account with him both ⟨for⟩ his own & yr. proportion of the advancement, that is for as much as may be applied to that tract of land & as it has never yet been decided whether the land itself or its value shall be brought into hotchpot if the latter, the value is to be estimated on the naked land at the present day which would go to exclude [illegible] from nearly [illegible] the lapsed land. I am confident that one fifth of the lapsed land consding. its situation wd. not more than compensate me for the loss I have sustained in the land whereon I live. If the intentions of my father are to be taken for the rule of conduct are not those intentions as manifest in my case as in any other intentions comprehended in his last will but unfortunately impeded by a deed containing mistaken courses.
If the above rule is adhered to, my withholding even a 5th of the land the Dr. claims does not operate as an injury to him for it has always been conceeded that he shd. pay on recg. the land, the sum of £400 now he is not only released from the payment but retains 300 acres of prime Kentucky Land. The expectation you entertain that his interest being lessoned in other lands will accelerate a division I am confident will not be realized; for not feelg. the impulse of Intt. in the measure he will give full scope to his perverseness. The Dr. has employed a lawyer to draw a Bill in Chancery replete with hostile matter & as much must be defended, his plan is to obtain deeds of Concession from as many as possible thereby not only strengtheng. his own Int. but reducing the number of Opponents & then to contend for every thing by a litigous & expensive law suit which none of us may live to see terminated. All this might in the opinion of Mr. Taylor have been avoided by a previous division of the land. Mr. Hite has executed a Deed of interchange. Mr. Macon says he shall insist on the Dr.’s paying the £400. This is founded on an expectation in Macon of recg. a part of Winslow’s land. As I see no probability of a decision on the claims of the grand children when comprehended in the same bill with litigated interest in ⟨real⟩ Estate I shall, as Executor, have a Bill prepared stating the circumstances of their case only. Which will you prefer, being Plaintiff or Defendant? In conversation with Mr. T. the Dr. observed he himself shd. prefer a previous division of the land, I cannot see how the intentions of the parties are otherwise to be carried into effect, for the Deed executed by Mr. Hite, & which I have seen, is drawn in Conformity to the Memo: left by my father, wh. speaks of Blank acres in Eves Lease—how this blank is to be filled in the Deed I know not: What think you of the following as a ground of compromise? Rose to have Shadracks upon payg. £400 & to relinquish to you & myself his intt. in all other lapsed & undivided land. Macon to have  acres of the last purchase of Winslows & to relinquish to you & myself all his int: in the other lapsed & undivided land. You to have the Mill seat & 50 acres of land on payg. £200. Hite to rece. £600 & to relinquish to you & myself all his interest in the lapsed & undivided lands—if an arrangement like this appears to you right & reasonable you may communicate it to Mr. Hite & my mother as one that will receive my concurrence. I am the more induced to acceed to such a plan by motives of a conciliatory nature than a conviction of its justice. I wish to hear from you as soon as possible. We had a daughter born the tuesday evg. after you left us. Accept of our united affections for yourself, Sister & miss Anna. Adieu
(signed)   Wm. Madison
Be so good as to tell Dr. Thornton that the Man, I mentioned to him, is not inclined to take his Horse Driver.

   Tr (NjP). First page badly faded.

   For the dispute over the estate of James Madison, Sr., see William Madison to JM, 22 Sept. 1801, and JM to Isaac Hite, 24 Nov. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:124–25 and n. 1, 268 n. 3).

   JM chose to be the plaintiff in the friendly suit in chancery (see Chancery Court Decree in the Case between James Madison and William Madison and Others, 3 Mar. 1803).

   Left blank in Tr.

   On 21 Aug. 1803 JM and Dolley Madison deeded more than six hundred acres of land and an unspecified number of acres known as “Eves’ lease” to the Roses. In return the Roses gave up their claim to the “old mill seat,” fifty acres of adjoining land, and one-quarter part of their right to all other lapsed and undevised lands. The deed of exchange was not proved and settled until January 1818 (Vi: Orange County Courthouse Records).

   William Madison’s daughter Eliza was born 5 Oct. 1802 (WMQWilliam and Mary Quarterly., 1st ser., 6 [1897–98]: 116).


Title: To James Madison from Jacob Wagner, 1 November 1802
From: Wagner, Jacob
To: Madison, James

Dear Sir
Baltimore 1st. Novr. 1802
Your favor of the 26th. has found me here, on my way to Washington. I shall spend but a few days before I proceed thither, in the hope that I may be enabled to render such further services in my former station, as may be acceptable to you. With sentiments of the highest respect and attachment, I remain, Dr. sir, Your most humble servt.
Jacob Wagner

   RC (DLC). Docketed by JM.

   Letter not found.

   Wagner had been absent from his State Department clerkship since March because of illness (Wagner to JM, 19 Mar. 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:47–48 and n. 1).


Title: To James Madison from Robert R. Livingston, 2 November 1802
From: Livingston, Robert R.
To: Madison, James

Sir,
Paris 2d. November 1802
Nothing very important relative to our affairs having intervened for Some time past I have not thought necessary to trouble you. The affair of our debts Stand exactly as they did upon vague promises on the part of the Minister which I have little expectation of Seeing Soon fulfilled & indeed Some confidential people have taken occasion to Say in Such a way as they know I Should hear that they are Surprised I Should be So pressing upon this occasion, as I ought to know that they cannot pay &c I am very fearful that little or nothing will be done unless a war Should render us necessary, or unless great Sacrifices are made to particular men. A proposition has been made through Mr Swan by a company of Bankers (as is Said) to add the principal to the interest to pay in forfeited lands at the price fixed by law (that is 12 years purchase) with a deduction of 30 per cent & 5 p% for the agency. A number of americans & most of the sweedish & Danish creditors have agreed to the proposition but as many do not chuse to accept this plan of Settlement not knowing what to do with the land, the business is at a Stand, I have foreborn to give any Sort of encouragement to the Plan considering the whole as a private transaction on which every man must form his own Judgement that my business is to press on claims & leave to our Government the mode of enforcing them.
The enclosed note & the reply Shew what has been done in the case of Davidson & Rodgers the Memoir of the latter I could not Send in, as it was not Sworn to. I own I wish that as this business had been begun thro’ Mr Pichon, that it had been pursued thro’ this channel, for little can be hoped for here by pressing the business, where no Ministers will venture to criminate the consul’s brother in law So that there is no midle line to pursue, we must either rest unsatisfied or make it a cause of rupture. I consider the reference mentioned in his last note as lying the business a Sleep, & I pray you[r] further & explicit instructions. Another matter of Some delicacy has happened between the Minister & myself, which it is proper you Should be acquainted with tho’ it is Satisfactorily Settled because it is capable of being misrepresented. The foreign ministers & other persons having business call on the Minister of exterior relations whenever they find it convenient between two & five o’clock, they are usually called into a private audience in the order in which they arrive without preference. Some time ago I was at the Minister’s at an early hour & when I was in waiting two other Ministers arrived. They were called before me. On going in afterwards I asked Mr Talleyrand whether any rank had been established between foreign ministers, because in that case I Should think it necessary to Insist upon that which I thought due to the United States previous to our entering upon any other business he told me that none was established & appeared Surprised at the question. I then asked upon what principle the two gentlemen who had just left him were called in before me. He assured me upon his honour that he did not know that I was there, & that his master of the ceremonies was an old fool who had not announced me in time & that he was Sorry it had happened. As the Apology was ample I was of course Satisfied & was always received in turn tho’ Ambassadors were in waiting. A few Days ago I again arrived early, and directly after came Genl Bournonville who was just going to Set out in his Embassy to Spain. He was called in at which I took no offence knowing his peculiar circumstances. The ex-ligurian Minister & his Successor arriving afterwards they were called in & on their going away a Gentleman whom I do not know came in & as Talleyrand entered the outward appartment he pressed up to him & took him back into the cabinet. Feeling all those preferences as an indignity I left the house & wrote the enclosed note. The next Day meeting the Minister, he told me that I had manifested too much Sensibility upon that occasion. I told him I hoped not and I found myself justified by cause he had given me. He assured that nothing personal was intended that the last person had pressed himself upon him without his having seen me (which by the by was not true for he bowed to me in coming in) and that the others had asked a particular audience which entitled them to a preference & that he was willing to Submit the question to any Minister I thought proper. I told him that this was unnecessary that the assurances he had given me were Sufficient but that I certainly had every reason for its being very uncommon for Ministers Since every day was established as a Day of conference to ask a particular audience to Suppose that none had been asked & of course that I had been improperly passed by. But as he asserted the contrary to have been the case I accepted with pleasure the apology. He then gave me his hand & said he would send me back my note and that he hoped the business was finished. The note however did not come but two days after Mr. King informed me that he had been applied to by a person in the minister’s confidence who had shewn him my note and the reply that it was intended to make me and urged him as this reply contained some things which tho not absolutely impolite yet were such as might hurt my feelings and tend to disagreeable consequences to advise me to apply for my note that the matter might drop. This needed no comment & I without hesitation told Mr King to Say that the Subject was too delicate for him to interpose in. I was confident Talleyrand dare not send me that note or if he did I know how to treat it. He accordingly gave that reply. The matter rested Some days when Mr Marbois came to me & told me that he had been the day before at St Cloud that he there met with the Minister of exterior relations, who had shewn him my note and the answer he intended to make assuring him at the same time that he had the highest respect for me and that I had taken offence without just cause that he did not See me & that the persons who were admitted before me had particular hours assigned them that he Marbois had insisted to take both notes—that he prayed me to accept this apology and take back my note. I suffered him to have the note asking till the next morning to consider of his proposition. The next morning I Sent him back the note reserving to return it to Mr. Talleyrand & Soon after calling on him I told him that Mr Talleyrand having made me a verbal apology I had been content with it but Since he had thought proper not to leave the business upon that ground but to write me a note which contained as I learned no specific apology I would abide by my note and wait his reply Since it was easy if his professions, made both to me & to him (Mr Marbois) were Sincere to tell me So in writing. He told me that as what I had was from him who was also a Minister & who was the friend of both ought not to have less weight than if it came from Mr. Talleyrand directly. I acknowledged the weight it merited, but insisted that I Should have Some proof of what he had Said other than mere words which were capable of misrepresentation that any thing he Said in writing would Satisfy me whether it was directly from the Minister or thro him. He accordingly wrote me the enclosed letter & Seeing Mr Talleyrand the next day he repeated the Apology with many professions of personal regard & Said that he hoped the business was finished. To that I readily assented—the thing is of little moment in itself, but as few things are represented in America as they really pass here it is proper that you Should be fully informed all that happens, & I consider this rather as a fortunate circumstance Since it will impress Mr Talleyrand with a conviction that we are not disposed to Submit to any Species of disrespect. My letter to the President Send [sic] by the way of England will Shew you that the Business of Louisiana has met with a check tho’ I fear it will be Soon resumed, & that troops will go out—this autumn as every thing was arranged & they were under marching orders. Florida is not as I before told you included in the cession. You will See in the president’s letter my conversation with Joseph Bonaparte. This I Shall have a convenient opportunity to renew, as he has promised to give me a Shooting party at his country house in a few days. Time may afford circumstances of which we may avail ourselves I therefore pray you to be explicit in your instructions & in your replies to Some Questions that I have asked you relative to this Subject in my former letters Since I am at present wholly unauthorised as to any offers that it would be proper to make & we constantly do not expect to receive this country or any interest in it as a free gift. I have also Stated to you Some of the inconveniences our commerce labours under here particularly in the heavy duties on Tobacco brought in our vessels. It will be proper that this be counteracted either in the way I have before mentioned or in Some other that the wisdom of Congress will Suggest Since we have already Suffered considerably by this Subject, not having received their attention the last Sessions.
The duty also which is paid in Holland upon a misconstruction of the Treaty which I have before mentioned to you & on which I find from enquiries at Roterdam & Amsterdam in the course of the flying visit I made to holland last Summer to be fully confirmed merits your attention. I also found that our Merchants had been uniformly defrauded out of much greater Sums by the Dutch mercantile agents that they employ as their Consignees—who have very generally charged the duties upon the war prices when in fact the Government only received them on the average peace prices. Thus when Coffee Sold at 20/. per ℔ the duty was charged at that rate to our Merchants by their agents, while in fact they only paid it upon a rate of 12/: for tho’ the law authorized the taking the duty on the actual value yet the policy of the Government was to encourage the importation by not raising the duties from the peace price of the Article.
I enclose you a duplicate of the Memoir of Col Devienne countersigned by Genl La fayette. This unfortunate Gentleman has certainly claims So far at least as his pay & rations would go but as he expended considerable Sums in coming to us, & as he is at the lowest ebb of misery, perhaps a Small pension in lieu of his pay might not be found more expensive to us & might Save his family from ruin. I have advanced him about 15 Guineas for which I have taken his recet to be deduc[t]ed from his pay if you give him any thing if not I must be content to loose it. I fear I Shall be compelled to aid him Still farther. I enclose you his two last letters to me by which you can judge of his Situation. I pray you to commend him to the patronage of Some human[e] member of Congress.
I have taken the liberty to mention General La fayette’s Situation to the President I pray you to afford him what assistance, you can, for I know his present embarassments to be very great, & you know the extent of our obligations to him for which what has already been done will not be thought an adequate compensation. His imprisonment was Very expensive to him, money to considerable amount borrowed for the Support of his family was frequently siezed. His estate is forfeited, & his debts which were charged upon it became personal obligations which he has made every Sacrifice to pay. Many of those debts were contracted in our cause, & here his opposition to the Election of the Consul for life has deprived him of every possible expectation.
The letters that have passed between me & Mr Sumter will of course be Shewn you by the President & I hope in your Opinion justify my appointing a private Secretary to do the business of the office till I receive your directions. The noise of war in England has diminished & as the new Russian administration are not yet disposed to relinquish their connection with France, the latter is very anxious to preserve peace tho’ the national antipathy is very great & the british creditors of France are very clamorous & unsatisfied there will as yet be no war. I have the honor to be with the highest respect Dear Sir Your most Obt hble Servt.
Robt R Livingston
It may be proper to mention tho you will probably have recd the information thro another channel that Sweden has made peace wh Tripoli paying 150.000$ & the ⟨annual?⟩ stipend. This has been done by the admiral without the order of his court as the minister here informs me.

   RC and enclosures (DNA: RG 59, DD, France, vol. 8); draft (NHi: Livingston Papers); letterbook copy and copies of enclosures (NHi: Livingston Papers, vol. 1). RC in a clerk’s hand, except for Livingston’s signature and postscript. Unless otherwise noted, italicized words are those encoded by Livingston’s secretary and decoded here by the editors (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:304–5 n.). RC decoded interlinearly by Wagner. Draft and letterbook copy do not include postscript. For surviving enclosures, see nn. 1, 4, and 10.

   Livingston enclosed a copy of his 19 Oct. 1802 letter to Talleyrand (1 p.), covering a copy of his undated note (1 p.) protesting Leclerc’s imprisonment of William Davidson and John Rodgers in Saint-Domingue and forwarding Davidson’s affidavit and Pichon’s letter to Leclerc, which JM had sent to Livingston. Livingston also enclosed a copy of Talleyrand’s 5 Brumaire an XI (27 Oct. 1802) reply (1 p.), stating that because the case was a matter of colonial administration, he had sent Livingston’s letter and Davidson’s affidavit to the minister of marine.

   In September 1802, Gen. Pierre Riel Beurnonville had been named ambassador to Spain. He arrived at Madrid in January 1803 (Tulard, Dictionnaire Napoléon, p. 212; Hilt, Troubled Trinity, p. 142).

   This was no doubt Jean-François-Aimé Dejean, minister extraordinary to the Ligurian Republic from 1800 to 1802, who had been appointed minister for the administration of war, and his successor, Antoine-Christophe Saliceti (Tulard, Dictionnaire Napoléon, pp. 583, 1523–24).

   Livingston’s 19 Oct. 1802 letter (see n. 1) informed Talleyrand that he had called on him the previous day hoping to arrange the “particularly delicate” matter of Davidson and Rodgers “without injuring the feelings of the high officer to whom it relates.” He had, however, since been reduced to conducting all business with Talleyrand’s office by note until he received specific instructions from the U.S. “on the Subject of the indignity offered them in my person yesterday when … four different Gentlemen who arrived after me were admitted to an audience while I remained in waiting.”

   This word was miscoded as “writeund” and decoded by Wagner as “[considered]”; the draft and letterbook copy read “found.”

   This word was miscoded as “york” and decoded by Wagner as “was.”

   See King to Cazenove, 23 Oct. 1802 (King, Life and Correspondence of Rufus King, 4:167–68).

   This word was miscoded as “dre” and decoded by Wagner as “would”; the draft and letterbook copy read “dare.”

   The draft and letterbook copy read “leave” here, but Livingston’s secretary encoded “have.” In the decoding, Wagner interlined “[leave]” above “have.”

   Livingston enclosed a copy of a 6 Brumaire an XI (28 Oct. 1802) letter (1 p.; in French) from François Barbé-Marbois stating that Talleyrand had shown him both Livingston’s note and the reply Talleyrand proposed to send. Believing the matter could be settled with a verbal explanation, Marbois explained, he had asked Talleyrand not to send the reply, and he hastened to observe that he was sure Talleyrand had not lost sight of the respect due to Livingston’s character and person. Marbois added that he had undertaken to put an end to this misunderstanding by returning Livingston’s note and asking Talleyrand to suppress his, and he therefore regarded the matter as closed. Filed with Marbois’s letter is a copy of Livingston’s 2 Nov. reply (1 p.), tendering thanks for Marbois’s letter and stating that as Talleyrand had since repeated Marbois’s assurances, Livingston considered the matter finished, adding that Marbois’s friendly intervention had brought about the early settlement.

   In a 28 Oct. 1802 letter to Jefferson, Livingston said little more about the Louisiana expedition than he here stated to JM (DNA: RG 59, DD, France, vol. 8). An extract of the letter is printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:525–26.

   See Livingston to JM, 1 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:536–37).

   In his 28 Oct. letter (see n. 11), Livingston wrote Jefferson that he had thanked Joseph Bonaparte for his assistance and that Bonaparte offered to continue acting as intermediary with Napoleon, suggesting that Livingston submit informal unsigned notes to him to avoid offending Talleyrand. Bonaparte added that he could only promise access to Napoleon, not influence. He noted that they had both read and discussed Livingston’s notes on Louisiana. Livingston had suggested that New Orleans and Florida be ceded in payment for the French debt and Bonaparte asked whether the U.S. would prefer the Floridas or Louisiana. When Livingston responded that the U.S. had no wish to extend its boundaries across the Mississippi, Bonaparte replied that it would be difficult to get any new concessions from Spain, which had parted reluctantly with Louisiana.

   The draft and letterbook copy read “certainly” here.

   See Livingston to JM, 27 Mar. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:76–78).

   See Livingston to JM, 3 July 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:367, 368 n. 10).

   The enclosure has not been found, but it was probably a copy of the marquis de Vienne’s petition to Congress (see Livingston to JM, 3 July 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:366, 368 n. 5).

   Livingston had mentioned in his 28 Oct. letter to Jefferson (see n. 11) that Lafayette was deeply in debt and had “nothing but his wife’s farm for his support.”

   See JM to Livingston, 15 Oct. 1802, and n. 8.

   Underlined in RC.


Title: To James Madison from William Short, 2 November 1802
From: Short, William
To: Madison, James

Dear sir
George Town Nov 2. 1802
I think it a duty I owe myself to repeat some of the observations I made yesterday on the subject of the outfit, before you take the decision of the President thereon. I understood from you that the intention was to allow me according to late usage, one whole & two half outfits. This I beg leave to observe would be taking from me a part of the allowance expressly made to me at Madrid by President Washington as you may see by the letter of the Sec. of State of Nov. 9. 94. Supposing I had never been appointed to Madrid I should be now entitled to one whole & one half outfit—& I cannot concieve that it can be just to change what was then granted for the particular circumstances of the case at Madrid. And that allowance although it was necessary to call it an outfit I considered rather as a complement of salary than an outfit—for although I was allowed only 4500 dollars of salary I was considered at Madrid as a Minister of the second order & acted as such; & this salary was so absolutely incompetent for that place that the President had then in contemplation on better information to raise the grade in order to double the salary; & this has been carried into effect for my successor. If then you should chuse for the two missions I had at Paris & the Hague to allow an outfit for one & only half an outfit for the other, yet I trust you will think it just on a consideration of the case at Madrid not to diminish what was then allowed. I would observe also that there can be no danger of this being called into precedent since it never can happen again that there should be a Minister there with the salary which I had; & I myself could not have staid there with that salary as I did if it had not been for the ⟨aid⟩ which it recieved.

After all, if my reclamations be not admitted it will amount in fact to my having no outfit at all as Chargè des affairès at Paris. I know not precisely how the accounts of the Chargè des affaires at Madrid were settled, but if I am not misinformed the law passed for the purpose made very different allowances in a variety of ways from those which I claim. Until the 5th. of July 1790 I have only charged my salary at the rate of 3000 dols. p ann. whereas I believe it was settled for Mr Carmichael, notwithstanding he had acted in the same character at the same time, that the allowance of 4500 dols. p ann. should take date anterior thereto. If therefore the outfit be refused I suppose I should have a right under the equity of that law, to ask for the same, for house rent &c. by which the public would probably not gain.
I concieve, sir, that I have the more right to dwell on these subjects, notwithstanding my repugnance to trouble you, because I consider myself as having been dealt with as to labor & reward differently from any other foreign agent. I acted for several years for the Department of State & of the Treasury & in very laborious & delicate situations, & all the time unaided even by a Secretary—for the one who was allowed for a few months at Paris was not to aid me, as he was not with me, but on the contrary augmented my correspondence. I have the honor to be with sentiments of the most perfect respect & consideration, sir, your most obedient & most humble servant
W: Short

   RC (DLC: Gallatin Papers). Docketed by Brent.

   On 1 July 1790 Congress authorized the president to allow a chargé d’affaires a salary of up to $4,500 and an outfit not exceeding the same (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:128–29). On 9 Nov. 1794 Edmund Randolph wrote Short that he would be allowed an outfit of $4,500 for his new post as minister at Madrid (DNA: RG 59, IM, vol. 2).

   On 15 Jan. 1798 Congress approved payment of William Carmichael’s salary as chargé at the rate of $4,444.44 annually from 20 May 1782 to 20 Apr. 1790 (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Claims, p. 201).


Title: To James Madison from William Cooke, 2 November 1802 (Abstract)
From: Cooke, William
To: Madison, James

2 November 1802, Havana. In conformity with JM’s advice in his letter of 3 Feb., Cooke postponed going to Madrid and came to Havana to appeal his case, “in case it had been decided on, by the Tribunal … and to obtain Authentic transcripts of the whole process.” Was surprised to learn upon his arrival on 23 Oct. that the tribunal had done nothing and was never likely to do so as “it appears that the Creation of this Tribunal was to throw difficult points into perpetual Suspense.” His friends at Havana have advised him to obtain transcripts of the process, “to protest agst. the Tribunal for its unjust delay, & proceed immediately to the Court of Madrid” where his case would claim attention and he might obtain justice. Expects to have transcripts in a few days “which will be Authenticated in a most unquestionable manner,” and he will also take a great variety of letters “from influential Characters, to Persons in high Official situations in Madrid” to attest that his case is “unparalelld in point of Injustice, Cruelty, and Oppression, even among Spaniards.” Also has letters from many “highly respectable Characters” in South Carolina warmly soliciting Pinckney’s support. Requires nothing more of JM than an official letter requesting Pinckney to initiate the case at Madrid, which he asks JM to send “as early as possible.” “If I had not an idea of the Amiableness of your Private Character I should endeavour to soften you, by describing to you the inconceivable distress, and Misery that my family & self have experienced from … [the] Intendant General [at Havana]. But this, every one that has the Honor of knowing you, tells me, is absolutely unnecessary.” Hopes his standing and conduct in life entitle him to his country’s “sympathy and aid in a Case, so unmerited, and so Calculated to destroy.” Does not wish to boast, but states that during the Revolution he rescued from British condemnation and confiscation more than a half-million dollars of American property. “[This] fact can be attested by a great number of Merchants of the first Respectability in America, and the favor now solicited is the first I have ever asked of my country.… Ruin is staring myself and family in the face, from Acts, Outrages, and violations that would darken the character of the most abandon’d Savage.” Does not mean this comment as a reflection on the Spanish nation, because “there are many among them, that are real Ornaments to Human Nature.”

   Tr (DNA: RG 76, Spain, Treaty of 1819, Disallowed Claims, 62B). 3 pp.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:438.

   See JM to Charles Pinckney, 22 Dec. 1802.