Title: To James Madison from James Monroe, 15 August 1803
From: Monroe, James
To: Madison, James

no. 13.
Sir
London August 15. 1803.
I wrote you lately by Mr. Baring since which nothing material has occurr’d here, except that I was called on yesterday by Sr. Stephen Cotterel & notified that I should be presented to the King on wednesday next. After the presentation I shall give you the result.
The inclosed which I recd. last night from Paris by an American gentleman, containing important information, is therefore transmitted to you. I intimated to you by Mr. Baring that the power over the two millions of dolrs. subjected to our disposition by the act of Congress & order of the President, would so far as depended on me, be applied to a guaranty of the stipulations of the treaty. This measure is nothing more than a faithful performance of what was promisd in the course of the negotiation, & throughout the early stages of the business, or in other words, than a guaranty to the extent, in obedience to powers committed to us for the purpose, of the execution of the treaty itself. I flatter myself that Mr. Livingston will concur with me in the object, since I am persuaded that he must see the importance of it in the present state of affairs. I shall give you a more correct view of this business in my next.
I consider the present moment an all important one in our history, and that much perhaps every thing depends on what is done by our government in its several branches. If the treaty is ratified, so that the President is left free to carry it into effect, the most prompt and decisive measures appear to me to be necessary on his part. My advice is that he order the troops down immediately to take post at N. Orleans. In a mild and friendly manner the Spaniards should see that he expects they will surrender the territory promptly. Perhaps they will give it up without delay or equivocation. If they do not and our government does not take an imposing attitude the favorable moment may pass & every thing be lost. If the affair is whiled away by negotiation, France may assume the character of mediation between us, and a year hence a bargain be made up by compromise much to our injury. But if the President pushes the affair with decision & promptitude, the first consul will find himself bound by honor & interest to take a part in it which must be in the present juncture in favor of the UStates. He must interpose so as to compell Spain to yield & put us in possession of the territory we have bought of & paid France for. Should the Spaniards delay, the incident may probably furnish another occasion for the President to give a new proof of the energy of his character, & the happy effects of his administration. I am persuaded that a tone of decision shod the occasion require it, would give great effect to the proposed negotiation with Spain for Florida & the debts, while it made immediately a very favorable impression with the powers in this quarter, which would probably increase their respect for our flag and give additional security to our commerce. I would not hesitate on the arrival of the troops at New Orleans, to consider the jurisdiction of Spain as terminated, to open the port under the authority of the UStates, & exercise all the rights of sovereignty. By giving them time to remove the troops according to the treaty, or rather longer if necessary, every accommodation will be given them that they have a right to expect, and the interest & character of the UStates at the present crisis will permit. I am with great respect & esteem yr. most obt. servant
Jas. Monroe

   RC and enclosure (DNA: RG 59, DD, Great Britain, vol. 12); letterbook copy (DLC: Monroe Papers). RC docketed by Wagner as received 30 Sept. For enclosure, see n. 1.

   Monroe enclosed an extract of a letter from Joseph Fenwick, 5 Aug. 1803 (1 p.), reporting that Spain had made “the most serious remonstrances” to France against the transfer of Louisiana to the U.S., with instructions to prevent the execution of the treaty: “and if pecuniary arguments could succeed the hands of their Ministers are not tied on that score.” Fenwick added: “it is well understood that if any conditional clause of ratification should be introduced by the United States this Government [France] would profit of the circumstance to annul the whole work.”


Title: To James Madison from James Simpson, 15 August 1803 (Abstract)
From: Simpson, James
To: Madison, James

15 August 1803, Tangier. No. 61. His letter of 28 July (no. 60) “was forwarded in triplicate by way of Gibraltar.” Two ships sailed from Larache and Salé on a cruise, and the two galleys built at Tetuán “have been by great exertions got over the Bar of that River, now nearly dry; they are daily expected here to compleat their equipment when they will be employed in and about the Straits, as such Vessels usualy are.” Another galley is being prepared at Tetuán, while the governor of Tangier “talks of arming a two Masted Boat lately seized here under Genoese Colours.” “We have not had any tidings of the two Frigates since they sailed, which I confess I am very anxious to receive.” Is concerned “at not having been able to satisfy the enquirys of this Government respecting the fate of the Ship detained by Commodore Morris Squadron and carried to Malta.” Has heard nothing from Morris since his letter of 19 May, mentioned in no. 59. Gavino says Simpson’s answer to that letter “was long detained at Gibraltar” for lack of a conveyance. Has recommended “in the strongest manner, thro’ Mr Gavino,” that two of the expected U.S. warships “remain on this station, untill the opperations of the Emperours Cruizers” are known. Believed this measure was necessary once he learned “the Frigates were to sail with sealed Orders.” The recommendation proceeds from his “anxiety for the good of the Service, viewing it as the best mode can be adopted for protection of the Commerce, without giving it any unnecessary alarm.” “On Friday last” learned that the emperor is to visit Tangier soon. “This is an unexpected visit, we believe it has been occasioned by some late dissensions between the Governour of this place and the people of the Neighborhood.” Will renew assurances that the U.S. is disposed “to maintain Peace with this Country, and to discuss matters fully with his Minister.” Must on this occasion “not only make a handsome present to His Majesty, but to the Chiefs and others of his Court.” Has therefore requested from Gavino “a variety of Articles suitable for that purpose,” which he has paid for with bills drawn on JM for $1,000 “payable thirty days after presentation,” which he asks that JM “order to be paid.” Nissen at Tripoli wrote the Danish consul at Tangier on 13 June “that Commodore Morris had landed there under protection of the French Consul for the purpose of entering upon a Negotiation with that Regency, but two hundred and fifty thousand dollars being demanded for Peace and twenty thousand Annualy, he immediately embarked.”

   RC (DNA: RG 59, CD, Tangier, vol. 2). 3 pp.; marked “Triplicate”; docketed by Wagner as received 21 Nov.

   Simpson to JM, 9 July 1803.

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


Title: To James Madison from Silvanus Ewer, 16 August 1803
From: Ewer, Silvanus
To: Madison, James

Sir
Nantucket 16 Augt. 1803
As principal owner of the Sloop Union Capt Clisby & Sloop Dolphin Capt Smith both of Nantucket, I take the liberty to inform you that the former sailed from this place on the 24th. of November last & the latter on the 19th December last bound on a Whaling Voyage to the West Indias or else where that while they were pursuing their said Fishery on the south-side the Island of Hispanaola in Samb Bay about 9 leagues eastward of Jacomel they were taken by the French National Schooner Telegraph of 12 Guns [(]Capt Anthony St Quint) on the 7th of April & carried in to said port of Jacomel in company with the Schooner Mary of Nantucket Capt Folger where the said Masters & crews of said Whaling Vessells were imprisoned & finally the Vessells were condemned without Trial under pretence that they had been trading with the Brigands on the coast, which said charge was altogether false & unfounded as they had no articles of commerce on board & the whole intent & object of their voyage was the said Whale fishery. Capt Folger got liberated from confinement in Jacomel & went round to Port au Prince (leaving the other masters & crews at said Jacomel) made application to the Commander in chief General Rochambeau for the release of said Vessells & men thus unjustly detained, but to no purpose and after several fruitless efforts Capt Folger took passage for the United States and arrived here on the 12th Instant and has made his protest before a Notary against the illegal procedure of the Officers of the said French Government wherein among other things many other circumstances respecting the said Sloops Union and Dolphin are set forth, which said protest together with other documents will be sent forward for your examination by the owners of said Schooner Mary and to which I refer you for farther particulars.
Inclosed is a certificate from the Collector of the Customs of this Port to prove the property & Citizenship of the Crews and also a certificate from the Select men of the Town for the same purpose. Ignorant & unacquainted with the proper and legal mode of procedure to obtain redress I take the liberty hereby to solicit the wise interference of Government and request that you would write me and point out the legal and necessary steps to be taken in this business to obtain redress or Satisfaction for the damages occasioned by the said illegal unlawfull & unjust procedure of the said officers of the French Government and more Particularly hereby solicit your immediate aid and assistance to endevour to obtain the liberty & release from cruel confinement of many Citizens of the United States who were left by Capt Folger & probably now remain in loathsome imprisonment in the Unhealthy port of Jacomel. With due respect and esteem I am your Obedient and most Humble Servant
Silvs Ewer

   Tr (DLC: Jefferson Papers). Marked “Copy.” Enclosed in Ewer to Jefferson, 15 Dec. 1803 (ibid.), along with Ewer’s account of the incident and his claim for compensation (3 pp.). Enclosures not found.

   See Jeremiah Lawrence to JM, 15 Aug. 1803.


Title: To James Madison from Thomas Jefferson, 16 August 1803
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Aug. 16. 03.
Your favor of the 13th. came to hand yesterday. I now return Paine’s Duane’s Lear’s, Simpson’s & Toulman’s letters, and the two protests on impressment by a British and a French armed vessel. I am glad of the latter, as it will serve as a set-off against French complaints on the British trespasses on us. But the former is an afflicting subject. With every disposition to render them all justifiable services, I fear they will put our patience to the proof. Their making our ports also stations for cruising from will require regulation. It seems to me that we shall be obliged to have a battery or two in our principal seaports, and to require armed vessels to lie under them, while they are using our ports for repairs or supplies, the only legitimate purposes of entering them. Toulman’s application is at least premature. I presume Congress will enlarge the Indian fund and authorise us to send embassies to the Indian tribes of Louisiana, who may at the same time explore the country and ascertain it’s geography. Those large Western rivers of the Misipi. & Missouri whose heads form the contour of the Louisiana territory ought to be known. I think Duane’s zeal merits tenderness and satisfaction, while his precipitancy makes him improper to be considered as speaking the sense of the government. With respect to Clarke’s application for a consulship at Embden, I am for holding our hand as to new Consular establishments, and letting a great proportion of those existing drop with the first occasion. Their number has obliged us to be very little choice in the characters appointed, and I fear they will degrade our national character. Accept my affectionate salutations and assurances of constant esteem & respect.
Th: Jefferson
P. S. I inclose for your perusal a letter from Cork on the same subject of the impressment of our seamen.

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

   Lear to JM, 3 Aug. 1803.

   Simpson to JM, 8 June 1803.

   For Harry Toulmin’s request for an appointment to explore the Louisiana Territory, see his letter to JM of 25 July 1803. Jefferson had begun preparing in November 1802 for what became known as the Lewis and Clark expedition; Meriwether Lewis left Washington on this journey on 4 July 1803 (Peterson, Jefferson and the New Nation, pp. 762–63).

   William Clark to JM, ca. 2 Aug. 1803.

   The letter from Reuben Harvey, Sr., to Jefferson, 3 June 1803, described the widespread practice of British impressment of Americans off the Irish coast and noted that its continuance would greatly damage trade in the area (DLC: Jefferson Papers).


Title: To James Madison from Daniel Clark, 17 August 1803
From: Clark, Daniel
To: Madison, James

Sir
New Orleans 17 August 1803
I received by last Post a Letter from Governor Claiborne in which he asked for information respecting the Boundaries & population of Louisiana and supposing that he meant to communicate the result of his enquiries to you I have taken pains to obtain the best official statements which I now forward. By the Census of 1785 and a Comparison with that of the present Year you will see the increase that has taken place and will be able to judge of the tendency of emigration to particular districts. The number of Slaves has decreased since 1785 notwithstanding the importations that took place till the end of 1792, but this must be principally attributed to the ravages of the small Pox and a want of a proportionate number of females to keep up the Stock. In the Census, I have begun with the lowest district viz that between the Balize & the City & have continued them as you ascend the River, so that by an inspection of the Manuscript map, now inclosed which is the most exact ever made of the Western part of this Country you will be able to see the situation of each and the distance from the Capital. Monsr Lafon of this City who to oblige me has made this map, has in his possession materials to compleat almost a perfect map of the Country, and would undertake the work on a large Scale if it suited our Government to give him encouragement to prosecute the work. On the subject of Lands I have said in the remarks already forwarded you all that I know & for fear of accident I now send a duplicate of them & of my Letter of the 26th. ulto. which inclosed them. I have the Honor to remain with respect Sir Your most obedient & most humble Servt.
Daniel Clark

   RC and first and second enclosures (DNA: RG 59, CD, New Orleans, vol. 1); remaining enclosures (DNA: RG 59, TP, Orleans, vol. 2). For surviving enclosures, see n. 1.

   The first enclosure (1 p.; docketed by Wagner) is a “Census of Louisiana in the Year 1785,” which noted the population of whites, free people of color, and slaves. A second enclosure (1 p.) is a “Census of the districts or Posts of Louisiana & West Florida” and is docketed by Wagner as being “taken from the latest returns.” The other enclosures include a statement of duties received each month at the customhouse at New Orleans in 1802 (1 p.); an 1803 census of New Orleans, noting the population of whites, free people of color, and slaves (1 p.); and a “Statement of the Population of the Settlements of Upper Louisiana with the Births, Marriages, Deaths, Stock and Productions of the Year 1799” (2 pp.; docketed by Wagner). A copy of a fourth enclosure (1 p.), marked no. 3 and entitled “Census of the Districts or Posts of Louisiana & West Florida,” is filed separately as an enclosure in Wagner’s digest of Louisiana material.

   Enclosure not found. Demand for his work was so great that Lafon published a map of the Orleans Territory in 1807 (Sowerby, Catalogue of Jefferson’s Library, 4:107).

   Barthélemy Lafon (1769–1820), surveyor, architect, and city planner, was born in France and came to New Orleans in 1789 or 1790 (Historic New Orleans Collection Quarterly 11, no. 1 [1993]: 10).


Title: To James Madison from William Thornton, 17 August 1803
From: Thornton, William
To: Madison, James

Dear Sir
City of Washington Augst. 17th: 1803.
I heard Mr: Payne say last night that he had received a Letter from Mrs. Madison, and that you were all well. It gave us much pleasure to hear such good Intelligence. I hope, for the character of Orange, and particularly for the reputation of Montpelier you will not expose yourself to the Fatigues that your Industry may prompt you to call pleasures as you traverse your extensive Domains.
Some Days after your Departure my Wife was affected with violent pain in her Sides, and we went to the Farm for a few Days. She got better and we returned to the City which is at present a very solitary abode.
I observe by the Papers that Mr: Lauçat is expected as Ambassador to this Country instead of Genl: Bernadotte. I imagine the French will have occasion for all their Generals in Europe, for they seem inclined to put in Action all their Forces. They are probably at this time in possession of Hanover. Thus they cut the Continent of Europe like a Cheese, Slice after slice, and those not immediately interested look calmly on till the mischief is at their own Doors, then begin too late to repent their inactivity & want of foresight. To distress England it is probable they will attack Portugal, and if the Spaniards deny them a passage attack Spain unprepared, and make the Churches Convents, Monasteries, &c pay the Expenses. The Spaniards would be driven, like the Sheep from their mountains. I think Sebastiani’s Travels exhibit such a System of Duplicity towards the People wherever he went, and his reports such Servility and gross Flattery to the First Consul, as must excite in every virtuous mind execration of the one, & contempt of the other. It is said General Rochambeau has arrived in this Country after escaping from St: Domingo. I called on Mr: Pichon last week, & saw five French Officers just arrived from St: Domingo. I asked the news in private, & suppose every thing there is lost by the French, for Mr: P. observed that “things were very critical”—Yes they are critical indeed! Ils sont placé entre les noirs et les albions.
Our Messenger John is better, & came to the Office yesterday, the first time since his illness. We have been till the rect. of yours, in difficulty for want of Franks, all the Heads of the Departments being gone. Your Carriage is arrived, & I should have given you some Account of it, but my Servt. nailed up your Carriage House before we could see it.
Mrs: Law has dashed in a very high military Stile lately, & I suppose will beat up for Amazonian Volunteers. My wife said she would write to your good Lady, and as all the dear Creatures like a little Tincture of Extravagance I am confident she will describe Made: Law in Colours that even a Description of Cleopatra’s Gala Suit could not touch. I shall leave Mrs: Law therefore on Horseback to be taken off by the Ladies, although attended by seven Officers.
Please to present my best respects to the Ladies of your Family and to my Friend Payne, who will I hope remember me to his old Friend Robinson Crusoe, if he has not sailed for England. I am dear Sir very respectfully & affectionately your sincere Friend &c
William Thornton
Your Coals were delivered at your Door, & while the Sun raised from them a sulphureous vapour, the witch of Endor was standing on them cursing Voss for disturbing her repose, which spectacle was truly comicoinfernal.

   RC (DLC). Docketed by JM.

   The news that Pierre Clément de Laussat had been appointed French ambassador to the U.S. was reported under a 12 Aug. New York dateline in the National Intelligencer, 19 Aug. 1803.

   For the report of Horace-François-Bastien Sébastiani, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:332 n. 21.

   “They are caught between the blacks and the English” (editors’ translation).

   Elizabeth Parke Custis Law (1776–1832), a granddaughter of Martha Washington, was the wife of Thomas Law, who lost a large fortune speculating in land in Washington, D.C. (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 17:52 n. 1, 53 n. 7).

   1 Sam. 28:7.


Title: To James Madison from Jacob Wagner, 17 August 1803
From: Wagner, Jacob
To: Madison, James

Dear Sir
Departt. State 17 Augt. 1803
I duly received your letter covering Miller’s pardon and on the same day a letter from the President, informing me of his having executed it, which he wrote with a view to provide against the possibility of the pardon miscarrying. I have also received the franked covers I sent to you some days ago.
This morning Mr. Derieux presented the despatches with which he was charged by Mr. Monroe. You will find them enclosed, and also his account of expenses. I have paid him two hundred dollars and beg leave to refer the remainder to your decision. He will probably remain at Alexandria until your answer can be recd. He went to Paris to receive the estate of his deceased aunt, Mad. Ballenger, amounting to more than 100,000 livres and has returned with only about 700. This circumstance accounts for his being willing to extend his claim as far as he could. I considered myself, however, limited by the remark of Mr. Monroe in his letter of the 23rd. May, and I hope that I have not gone too far by coming up to it.
The letter from Messrs. Livingston and Monroe was received via Boston. The same cover served for two dispatches in cypher for Mr. Pichon. When I last saw him he had not compleated the decyphering of them. No copy of the contract with the bankers nor other enclosure accompanied it. The Consular ratification has not yet arrived.
I shall expect your directions about the gun carriages for Morocco. If they are to be sent, we can procure them through the navy Department.
I intend to take my family to Frederick-town to morrow and shall return on sunday or monday next, which will make an absence of three or four office-days. With the greatest respect & esteem I remain, Dr. Sir, Your faithful servt.
Jacob Wagner

   RC (DLC). Docketed by JM.

   Letter not found.

   Jefferson to Wagner, 11 Aug. 1803 (DLC: Jefferson Papers).

   De Rieux carried dispatches from Monroe of 16 and 23 May and 3 June 1803, letters from Livingston of 20 May and 3 June 1803, and the ministers’ joint letter of 16 May 1803.

   Enclosure not found.

   In his letters of 16 and 23 May, Monroe suggested a limit of $200 for de Rieux’s expenses.


Title: To James Madison from Frederick Hyde Wollaston, 17 August 1803 (Abstract)
From: Wollaston, Frederick Hyde
To: Madison, James

17 August 1803, Genoa. Encloses a copy of his letter of 25 July, sent by the brig Favorite. Has had no answer to his note to the deputy of foreign affairs. “I am fully persuaded of what I then mentioned on the entry of East or West India produce, should any arrive here in American Vessels. Indeed I have every reason to think that this as well as many other measures, (as I once before mentioned) are meant to urge this Country to demand the union with the Italian Republick which was declined at the time of the reform of these two Republicks.” If the union does not take place, believes it would not be difficult to persuade Genoa “to pay a proportion of the expences of the American Squadron in the Mediterranean.” This would save the U.S. money, and should war continue between the U.S. and the Barbary powers, “this Government would possibly purchase some of the Ships of War in these Seas, being bound by the Constitution to maintain a Squadron of 2 Ships 4 frigates & smaller Vessels, which assuredly could be furnished cheaper from the Un: States than they could be built here, while the cooperation of this Squadron might be procured & depended on in case of any future rupture with any of the Barbary States.” Submits “these ideas to the Consideration of the Executive Power.” Has had no news of the state of U.S. affairs with Tripoli but has heard “indirectly that the Commodore with 3 frigates was at Messina at the beginning of this month.” Genoa is “much hampered” by three British warships, which have captured several Genoese ships “in sight of the Harbour.” Neutral ships pass freely. Adds in a postscript that he encloses a copy of a memorial by an eminent British physician in Genoa. Has given copies also “to American Medical & Philosophical Gentlemen who have passed thro’ here.” “Dr. Batts seems very sanguine in his recommend⟨ation⟩ of the use of Gum Arabic in the Cure of the yellow fever.” Hopes that “for the cause of humanity … it may not deceive his expectations.”

   RC and enclosure (DNA: RG 59, CD, Genoa, vol. 1). RC 3 pp.; docketed by Wagner. For enclosure, see n. 1.

   Enclosed is a copy of William Batt to Wollaston, n.d. (2 pp.), describing “A long & numerous series of proofs of the excellency of large doses of Gum Arabic on such Diarrheas & vomitings as are protracted or caused by acrid matter in the Stomach & intestines.”

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


Title: From James Madison to Thomas Jefferson, 18 August 1803
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Aug. 18. 1803
I have duly recd yours of the 13. covering the papers from Govr. Mercer. The act of Maryland is I believe in the Office of State, having been sent thither by the Govr. after his return to Annapolis. The object of it in requiring the sanction of the President to the measures of the Ex. of the State, was I believe to prevent an interference with national measures, as well as to be a check in general on the local authority. The letter which I have written to Mr. Pinkney, pursues the course hitherto taken as well as I recollect it, and will not probably be either applied or be applicable to any improper pretension agst. the U. States. If it appear in the same light to you, you will be pleased to seal & forward to Mr. Wagner the letter enclosing it. With respectful attacht Yrs.
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson “Maryland bank stock” and as received 22 Aug.

   JM to William Pinkney, 18 Aug. 1803.


Title: From James Madison to William Pinkney, 18 August 1803
From: Madison, James
To: Pinkney, William

Sir.
Department of State, August 18th. 1803.
In pursuance of a request made by Governor Mercer to the President, I have the honor to enclose certain communications to you from the former, on the subject of the Maryland Bank Stock, and to signify the desire of the President that the views of the state of Maryland in this case may be pursued, as they are explained by its Executive. I am &c.
James Madison.

   Letterbook copy and letterbook copy of enclosures (DNA: RG 59, IC, vol. 1); Tr and Tr of enclosures (MdAA). A note on the Tr indicates that receipt of the original was acknowledged on 22 Oct. 1803. For enclosures, see n. 1.

   For the Maryland order in council signed by Ninian Pinckney and dated 5 Aug. 1803, see Jefferson to JM, 13 Aug. 1803, and n. 2. Gov. John Francis Mercer’s letter to Pinkney, 6 Aug. 1803, enclosed a copy of a letter from Rufus King to the governor of Maryland containing a “full statement” of the bank stock negotiation as well as authorization to relinquish a sum of money on certain claims if doing so would help arrange a final settlement.


Title: To James Madison from Daniel Clark, 18 August 1803
From: Clark, Daniel
To: Madison, James

private
Sir
New Orleans 18th. August 1803
Your Letter of the 20th. ulto. came to hand this Evening. I shall in every thing as far as I am able endeavor to fulfill your Wishes, and regret that the immediate return of the Post prevents my replying to some of the subjects mentioned in it, which I will take an immediate opportunity of doing. I flatter myself you will excuse the hasty & inaccurate manner in which the duplicate of the Memorandums respecting this Country, now forwarded are put together; they were at first meant merely as hints for Mr Skipwith to make such use of as he might think proper, and the time pressing I had not leisure to attempt to correct the style of them, even had I been better calculated for such a Business. The truth & exactness of these remarks must be my only excuse & I rely on your usual indulgence for me. The President having honored me with a Letter I inclose my answer open to you. I am uncertain whether there is or not any impropriety in replying directly to our first Magistrate—should there be any I entreat you will suppress the Letter, and be kind enough to give him assurances of my disposition to exert myself to the utmost on all occasions in his & my Country’s Service. If you see no impropriety in its being delivered, permit me to request you to seal & have it forwarded. The Satisfaction generally expressed throughout this Country on the event of the Cession is great, and no symptoms of discontent are manifested except by a very small Portion of the Merchants & Mechanics and a number of Seamen & Adventurers lately arrived from France on whom the Prefect has been practising his revolutionary Arts since his arrival. He is a violent & bad Man whose Projects of Plunder & Monopoly are ended, can brook no contradiction, manifests a hatred & pretended Contempt for our Nation, has disgusted all the Spanish Authorities, and by his Conduct has lost the Confidence of all the well disposed & thinking People. He will not fail, should it be in his Power to do us every possible injury & will stick at no measures to obtain his Ends. I think it necessary to inform you of this, that you may be prepared for any Event whatever. I have the Honor to remain with respect & Esteem Sir Your most obedient & most humble Servt.
Daniel Clark

   RC (DNA: RG 59, CD, New Orleans, vol. 1). Docketed by Wagner as received 19 Sept. Enclosures not found, but see n. 1.

   Clark no doubt enclosed duplicates of memorandums he had sent JM on 26 July 1803. According to Clark’s description in his letter to Jefferson, 18 Aug., these included “as exact a Manuscript map as could be procured of this Country, on which the different Posts or Settlements are delineated and numbered,” and “some Memorandums respecting the County” (DLC: Jefferson Papers).

   Jefferson wrote on 17 July to Clark, to William Dunbar, and to William C. C. Claiborne, enclosing a list of queries about Louisiana he wished each to answer (DLC: Jefferson Papers). In his 18 Aug. reply (see n. 1, above), Clark promised to send “such information as it is possible to procure.”


Title: To James Madison from Stephen Cathalan, Jr., 18 August 1803 (Abstract)
From: Cathalan, Stephen
To: Madison, James

18 August 1803, Marseilles. Wrote last on 13 and 21 July [not found]. Informs JM that he has received his exequatur, “Signed by the first Consul at Brussells on the 3d Thermidor (22d. July ulto.) as p. Copy here inclosed.” Assures JM he “Will Continue in the Strict Performance” of his duties “and in the Execution of the laws” of the U.S. In a postscript asks JM to deliver the enclosed to the president.

   RC, two copies, and enclosure (DNA: RG 59, CD, Marseilles, vol. 2). First RC 1 p.; docketed by Wagner as received 22 Nov. The enclosure is a copy of Cathalan’s exequatur (1 p.).

   Cathalan enclosed a letter to Jefferson, 18 Aug. 1803 (DLC: Jefferson Papers; 3 pp.), thanking him for the appointment as commercial agent. In a postscript Cathalan noted that Frederick Wollaston at Genoa had “lately failed” and recommended Peter Kuhn, Jr., to replace him.

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


Title: From James Madison to William Thornton, 19 August 1803
From: Madison, James
To: Thornton, William

Dear Sir
Orange Court House Aug 19. 1803
I have not been able to find a purchaser for Childers nor an opportunity of exchanging him with any other person than myself for other horses. In part from my own stock, and in the other part by a purchase from a neighbour I have made up a pair, which I consider as equivalent to the rate you affixed to Childers, and which if regarded in the same light by you, I am willing to give for him. My overseer advises that the terms on which I obtain him should not be known, as it may affect the estimate of him by others. The price at which he was offered, and the low plight in which he made his debut in the neighbourhood have already disparaged him, and contributed much to the failure of his custom during the late season. You will be so good therefore as to be reserved as to the transaction between us. The two horses I have for you are on the whole a good match. One of them is the Bay horse you saw in Washington. He is 4 years old and well broken to a carriage both next to the Wheels & at the pole end, having been used in both situations on the journey. The other is of the same age size & colour, from the same horse (of the old Fearn⟨oht?⟩ blood) and out of a mare not dissimilar in qualities to the dam of the other. He is however inferior in the ensemble rather to his partner, but not so in a degree to be noticed. He also has been thorougly [sic] broken in a waggon. If they answer in practice to what their appearance promises, I think you will not be dissatisfied with them. They will at least being young and sufficiently stout serve you till better can be provided, and then be valuable in some way or other. I wish I could immediately carry them to you, that you might consult your own inclination or the wishes of your friends. If we should send Payne back to School, in the mode we begin to think of, they can conveniently go on to you in about 8 or 10 days; otherwise it will not be practicable till our return. As soon as we decide on the mode of Payne’s return I will let you know.
We had a safe & a quick journey home and continue all in good health So I hope this will find the ladies of your family & yourself. Mrs. M writes to Mrs. T. and will herself offer them her salutations. Be so good as to add mine, and to accept yourself the friendly regards of Dr. Sir Yrs.
James Madison

   RC (DLC: Thornton Papers).

   This was probably Fearnaught, a famous racehorse stud brought to Virginia from England in 1764 (W. W. Abbot et al., eds., The Papers of George Washington: Colonial Series [10 vols.; Charlottesville, Va., 1983–95], 4:243 n. 2).

   John Payne Todd attended the Alexandria Academy in Alexandria, Virginia, from 1803 to 1805 (Moore, The Madisons, pp. 172–73, 196).


Title: To James Madison from Andrew Lyle, 19 August 1803 (Abstract)
From: Lyle, Andrew
To: Madison, James

19 August 1803, New Brunswick. Tenders his resignation as surveyor of the port of New Brunswick in the district of Amboy because of “ill health” and “the pressure of domestic avocations.”

   RC (DNA: RG 59, LRD). 1 p.; docketed by Jefferson: “Lyle Andrew to mr. Madison. resigns office of Surveyor of New Brunswick. enquire Doctr. Condit.” Lyle had been appointed surveyor by Jefferson on 10 Mar. 1802 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:409).


Title: To James Madison from John Mitchell, 19 August 1803 (Abstract)
From: Mitchell, John
To: Madison, James

19 August 1803, Le Havre. Encloses a copy of his last letter “stateing the situation of our vessells.” Has not yet received permission for discharging the cargoes of American vessels. “I have drawn up a petition to the Minister for Captn. Steel and Cap. Wallace, requesting permission to discharge, or leave to depart with their Cargoes, and free of Duty or charges. This Petition goes ⅌ post this Day.” The Danish and Swedish ships “This Day … received permission to land their Cargos, (being represented as Naval & Military stores).” Hopes “that simular permission will be granted our Vessells.” “If granted, it will relieve the vessels; but the owners of the Cargoes will be left in [the] same situation, for the Goods will not be permitted to be sold till [a] Certificate does arrive” conforming to the law of 1 Messidor an XI [20 June 1803]. Will keep JM informed should the situation change. Has no “political information” to pass on. Notes that shipbuilding is booming. “The greatest possible Activity is Used here to get the Boats forward: evry carpenter is in requisition.” Journals sent to JM “will shew the disposition of the different departments to contribute voluntarily to the support of the war.” Believes that in no former war has French commerce suffered “so much as in the present, scarce a Vessell fitted out from this for the Colonies, has returnd, and not one since hostilities commenced.” “Nor since that period has any french Vessell saild from this for any place, except small vessells for Rouen. The Commerce of this place is truly distressed.”

   RC (DNA: RG 59, CD, Havre, vol. 1). 4 pp.; docketed by Wagner. Enclosures not found.

   See Mitchell to JM, 12 Aug. 1803.

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


Title: To James Madison from Peder Pedersen, 19 August 1803 (Abstract)
From: Pedersen, Peder
To: Madison, James

19 August 1803, Frankford, Pennsylvania. Has learned with regret that Blicherolsen’s delicate health hastened his return to Europe. Does not doubt that the minister notified JM that Pedersen, as Danish consul to the U.S., would represent his country during Blicherolsen’s absence. Wishes JM to excuse the liberty he takes in announcing his arrival. Having learned of the absence of the president from Washington, wishes JM to inform Jefferson of his desire to pay his respects in person. This is of great importance, because it must be done before he can assume his public functions and present to the president those matters confided to him by his royal master. Sincerely wishes to be excused for the liberty he takes. Wishes JM would inform him when the president proposes to return to Washington; Pedersen will lose no time in meeting him there.

   RC, two copies (DNA: RG 59, NFL, Denmark, vol. 1). First RC 2 pp.; in French; docketed by Wagner as received 23 Aug.; acknowledged by Wagner in a letter to Pedersen of 1 Sept. 1803, informing him that he had transmitted this letter to JM “by the next post after its receipt” (DNA: RG 59, DL, vol. 14). Second RC marked “Copie”; docketed by Wagner as received in Pedersen to JM, 30 Aug. 1803.


Title: From James Madison to William Duane, 20 August 1803
From: Madison, James
To: Duane, William

Sir
Virginia Orange Court House Aug. 20. 1803
Your letter of the 3d. instant having arrived at Washington after I had set out for Virginia, an acknowledgment of it has been retarded to this date. I have long been sensible of the advantage taken of official silence, in propagating false reports for party purposes, and do full justice to your laudable anxiety to see a remedy applied to the evil. There are considerations however which must often forbid a resort to the remedy which would be most effectual, that of publishing the documents relating to the subject. Sometimes this would be treating the calumny with an importance not due to it: Sometimes, a restraint is imposed by delicacy towards Foreign Governments; and sometimes by the propriety of making the communication in the first instance to the Legislature, and It is to be considered also that altho’ publicity is favored generally by the principles of a free & fair government, yet care ought to be taken in practice to weaken rather than to strengthen injurious inferences when silence may be indispensable. The course to be pursued therefore in particular cases must be determined by their circumstances. In that to which your letter refers, it is not thought proper that the document itself should be given out for the press. But there is no objection to its being affirmed, witht. allusion to the particular authority for the fact, that the British Govt. instead of obstructing in any way the cession of Louisiana to the U. S. has evinced the most perfect, satisfaction at the event. It is true that the terms of the Cession might not at the time be fully known, but these can afford no colour for complaint nor is there the least ground for supposing that they will produce it.

   Draft (DLC); Tr (ViU).


Title: From James Madison to Thomas Jefferson, 20 August 1803
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Aug. 20. 1803
I have recd. yours of the 16th. with the accompanying papers. The communications &c. recd. since my last are enclosed. The letters from Paris are important, but I do not see in them the wish of the F. Govt. to retract the bargain with our Ministers, so much as an anxiety to secure its execution agst. the intrusions of G. B. and to feel thro’ their pulse, whether we were or were likely to be in any understanding with G. B. on the subject. Thornton’s letters &c. are in the spirit, tho’ beyond the degree to have been anticipated. I should for that reason have given him no opportunity for his very exceptionable remarks on the subject of impressments, had not his interposition been wanted immediately. I presume it will be best to give no answer, notwithstanding the allegations of some facts which might seem to require notice. Clarke’s remarks are judicious, but I think he might have assumed the proper course to be pursued, takg care to foster individual expectations as little as possible. The letters from C. Pinkney will require no particular answer, till we hear from Monroe. What is to be said to Graham? Will it not be best to say nothing to him also, till we hear from the same quarter? You will please to decide on the subject of the Gun Carriages. If good ones can be sent from the navy in time, I think Simpson’s advice ought to be followed. Should this be your opinion, Mr Smith will probably expect it to go to him immediately from yourself. Perhaps you may think it proper to inclose Mr. Gallatin the letters from Paris, which refer to arrangements which touch his Dept. With respectful attachment yrs. always
James Madison

What ought to be the decision on Derieux’s claim. With an exception of the gratification for which there is no good pretext, and for which he offers very bad ones, his charge is less objectionable in itself, than as it exceeds the idea of Monroe who could best appreciate the proper extent of it.

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 22 Aug. and with these marginal notes: “Liv’s & Monr’s lres. / Thornton’s on impressmts. cruizing from our ports / Clarke’s on indemnificn. N. Orleans troops from Rochambeau / Charles Pinckney’s. / Tho’ Appleton’s. Leghorn / George Davis. Tunis / Graham’s resignation. / Mitchell. Havre. blockad⟨e⟩ / Simpson’s. gun carriages / Thos. Newton. man restd by […] / Derieux’ claim.” Torn.

   See Livingston and Monroe to JM, 7 June 1803.

   See Edward Thornton to JM, 13 Aug. 1803 (two letters).

   JM referred to Daniel Clark’s letters of 20 June and 1 July 1803.

   For the enclosed letters, see Charles Pinckney to JM, 4 and 12 May 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:571–72, 595–98).

   For John Graham’s request for permission to resign, see his letter to JM, 7 May 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:578–80).

   See Simpson to JM, 8 June 1803.

   For de Rieux’s mission and his claim, see Monroe to JM, 16 May, and Wagner to JM, 17 Aug. 1803.


Title: To James Madison from Daniel Clark, 20 August 1803
From: Clark, Daniel
To: Madison, James

Sir
New Orleans 20 August 1803
In the Census which I had the honor of transmitting under date of the 17th. Inst., you will find the district of Atacapas rated at 1447 Persons including Slaves, and I took the Liberty of mentioning my idea of the incorrectness of the Statement in general which I believed under rated considerably. An enumeration has been lately taken and just received here Copy of which is inclosed and by comparing it with the General Census you will perceive how little reliance is to be placed on it, how remiss the Officers of this Government have been, and how little they were acquainted with the State of the Country. I have reason to think that the neighboring District of Opelousas is underrated in the general Statement in the same proportion & that the statements of the Population of the Ilinois & the City are the only ones on which a dependance can be placed. Opelousas abounds in Cattle & Horses much more than Atacapas, and both these Posts having extensive & rich Plains have within the few years past attracted a great number of Emigrants from the other parts of the Country on account of the trouble & Expence of clearing Lands being unnecessary while there was a sufficiency of Timber for all the purposes of the Planter. The spanish Government since 1798 has made many ineffectual attempts to prevent the Americans from settling West of the Mississippi, but the torrent was not to be resisted and they have continued constantly gaining grounds in spite of every endeavor to the contrary. I have the Honor to remain with respect Sir Your most obedient & most humble Servt.
Daniel Clark

   RC (DNA: RG 59, CD, New Orleans, vol. 1); enclosure (DNA: RG 59, TP, Orleans, vol. 2). RC docketed by Wagner as received 2 Oct. For enclosure, see n. 1.

   Filed with Jacob Wagner’s draft digest of Louisiana materials is an untitled document (1 p.; marked no. 6) containing census figures for New Orleans and the Louisiana Territory, in which the population of Atacapas is given as 3,600.


Title: To James Madison from Robert Williams, 20 August 1803 (Abstract)
From: Williams, Robert
To: Madison, James

20 August 1803, North Carolina. Received JM’s letter of 16 July [not found] enclosing a commission to act as a commissioner in the Mississippi Territory, which he accepts. “A violent fever for 3 weeks past which I have had, pervented an earlier answer—& I am now, scarcely able to set up to write this.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Williams”). 1 p.; docketed by Wagner as received 9 Sept.


Title: To James Madison from William Willis, 20 August 1803 (Abstract)
From: Willis, William
To: Madison, James

20 August 1803, Barcelona. Announces the arrival of John Leonard to take over the duties of the consulate. Has “aided him in being Rec’d here.” “I have private information that he is authoriz’d to arrest me as soon as he takes the office which will be on Monday this I must submit to as to all other Evils. My fate is peculiarly hard to be accus’d of acting against the interest of my Country, when next to my God I have loved it and had I served him as faithfully and Zealously as I have my Country I could meet him without the Conciousness of a Crime again[s]t him. But … I trust I shall Make my innocence appear on tryal.” Will send his general accounts to Washington.

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

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


Title: From James Madison to Thomas Jefferson, 21 August 1803
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Aug. 21. [1803]
Yours of the 18. with inclosures has been recd. I must write to Wagner for Livingston’s Cypher, before I can return the letter from him. I have with me Monroe’s Cypher only. The letters sent you by last mail from those Ministers probably contain the information in cyphered passages of the letter in my hands.
The subject of Duane’s letter being somewhat delicate & important, under several aspects, I have thought it not amiss that you should see the answer I propose to give it. If you think it a proper one, you will please to seal & send it to the post-office. If you think it ought to be in a different shape, you will be so good as to return it, with suitable suggestions.
The inclosed newspaper contains what is material to a full view of the paper side of the controversy between G. B. & France. Having seen no republication of it in our Gazettes, I have thought it worth sending you. Yrs respectfully
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 26 Aug.

   JM to William Duane, 20 Aug. 1803.

   This was probably the official account by the French government of its 1803 negotiations with Great Britain (see Erving to JM, 8 June 1803, n. 4).


Title: To James Madison from John Scott, 21 August 1803 (Abstract)
From: Scott, John
To: Madison, James

21 August 1803, Baltimore. Resigns his position as commissioner of bankruptcy and encloses his commission [not found]. “I believe I ought never to have accepted it knowing I was to be at the disposal of a federal Judge & violent partizan.” “Judge Winchester declared he should respect the appointment of the President and should alternate the Commissioners,” but Scott has been left out of commissions in favor of Carey “(a decided federalist)” and Caldwell. “I attribute this marked conduct of the Judge to my having put out of commission his brother in Law, upon the repeal of our State Judiciary System, to my having reprobated his conduct in naming Mr. Caldwell the first commissioner, to my having proposed the publishing our proceedings in the Republican papers & not in the federal gazette … and to my firmness and decision as a Republican. It cannot be unknown to you that Mr. Caldwell as well as Mr. Carey is a federal. In a pecuniary view, the Commission is not worth holding and as I cannot hold it in a manner I feel honorable to myself, but only at the disposal of a violent federal partizan I think proper to resign it.”

   RC (DNA: RG 59, LRD). 2 pp.; docketed by Jefferson.

   John Scott served a term in the Maryland House of Delegates in 1801 (Federal Gazette & Baltimore Daily Advertiser, 4 Nov. 1801).

   Maryland lawyer James Winchester began his political career as a member of the Baltimore Republican Society and a supporter of Jefferson but by 1798 had switched parties and run a losing congressional race as a Federalist against Samuel Smith. He was appointed to the federal bench by John Adams in 1799 (Cassell, Merchant Congressman in the Young Republic, pp. 83–89; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:325).


Title: Indenture Transferring Land between James and Dolley P. Madison and Robert H. and Frances T. Rose, 21 August 1803 (Abstract)
From: Madison, James,Madison, Dolley Payne Todd,Rose, Robert H.,Rose, Frances T.
To:

21 August 1803. “This Indenture made this twenty first day of August one thousand eight hundred and three between James Madison and Dolly P. his wife of the one part and Robert H Rose and Frances T his wife of the other part. Whereas James Madison now deceased in his life was seized of sundry lands which in his will he devised to his sons Francis and Ambrose and which by their deaths in the life time of the said James their father became lap[s]ed and of consequence descended to his heirs of whom the said James Madison the party hereto and the said Frances T Rose are apart and whereas the said James Madison the party hereto and the said Robert H. Rose and Frances T. his wife have agreed to exchange some part of their respective rights in and to the said lapsed or undevised lands of the said James the testator. Now this Indenture witnesseth that the said James Madison and Dolly P. his wife for and in consideration of the said agreement and of the sum of five shillings to the said James Madison in hand paid by the said Robert H Rose and Frances T his wife the receipt whereof is hereby acknowledged and of the land herein after to be conveyed by them to the said James in exchange have granted bargained sold & exchanged and by these presents do grant, bargain, sell and exchange to & with the said Frances Taylor Rose and her heirs all their right, title interest & claim in and to five hundred acres of land purchased by the said James Madison the testator of the late George Brooke also in and to fifty one acres of land purchased by the said testator of Samuel and James Chew which was conveyed to them by their father, Thomas Chew; also in and to fifty acres of land part of the hundred & five acres purchased of the said Thomas Chew and also in & to  acres of land at the south east end of the tract or parcel of land purchased of the said Thomas Chew and known by the name of Eves’ lease to have and to hold the lands hereby intended to be conveyed with their appurtenances to the said Frances T Rose and her heirs forever. And this Indenture further witnesseth that the said Robert H Rose & Frances T his wife for and in consideration of the agreement first above expressed and of the lands aforesaid to the said Frances T Rose in exchange and of the sum of five shillings to them in hand paid by the said James Madison the receipt whereof they do hereby acknowledge have and each of them hath granted, bargained sold and exchanged and these presents do and each of them doth grant, bargain sell, and exchange to the said James Madison and his heirs all their right title interest and claim in and to the old mill seat near the road leading from Orange courthouse to Gordon’s and fifty acres of land adjoining thereto and one fourth part of all their right, title interest and claim in and to all other lapsed or undevised lands of which the said James Madison the testator died seized or to which he might be intitled and not specifically devised to the said Frances T whether the same be in Kentucky or Virginia to have and to hold the lands hereby last intended to be conveyed to him the said James Madison and his heirs forever. In Testimony whereof the parties have hereto set their hands & seals the day & year first above written.”

   Letterbook copy (Vi: Orange County Courthouse Records). 2 pp. The indenture was signed by JM, Dolley Payne Madison, Robert H. Rose, and Frances T. Rose and witnessed by John Clark, James White, Nelly Madison, Churchill Gaines, and Benjamin Hancock. The deed was reacknowledged by JM on 14 Jan. 1818 before Abram Eddins, Thomas Newman, and Ambrose J. Rose.

   Left blank in letterbook.


Title: To James Madison from Robert Montgomery, 22 August 1803 (Abstract)
From: Montgomery, Robert
To: Madison, James

22 August 1803, Alicante. Wrote last on 21 May. Has since received JM’s circular letter of 9 Apr. “I … shall be punctual in complying with every point of it as far as I am able.” Informs JM of the arrival of the brig A. B. C. from Guernsey, whose papers he suspected. “I have examined them with the utmost cares and find several defects, which tho visible to me might have arrisen in the Offices in America, his Meditterranean Pass particularly I believe to be a counterfeit, but if they are so the whole of the Papers are so well executed as almost to baffle the nicest Judge. I consulted Mr Pinckney on … this business and informed him it was my intention to detain the Papers provided he would become my Guarantor.” Encloses a copy of Pinckney’s reply with Montgomery’s answer, as well as “the necessary notes of this Ships Register, Sea Letter and Meditterrenean Pass that enquiry may be made at the respective offices whether such Papers were granted or not.” Believes “the witholding such Papers is not a sufficient punishment to those who use them.” Wishes to see the ship “confiscated to the benifit of the United States, who also should be responsable for the Charges, but if the Consul is found to act wontonly or maliciously against any Person perhaps his punishment could not be too severe.” During his absence his brother presented an account, dated 8 Sept. 1801, for expenditures on account of the U.S. amounting to $2,238.15. These expenses were not reimbursed because it was reasoned that Montgomery’s “expenditures for defending property of American Citizens were not official but merely mercantile.” Replies that he defended captured vessels with which he had no financial connection. “I also judged that tho I should finally be defeated in the claim of those Vessels and Cargos I should succeed preventing the amount coming into the hands of the captors for one two or more years and thereby throw a damp on their passion for crusing against us.” Believes this policy was “highly advantageous as it kept down the growing increase of Privateers who were generally owned by an indigent and rapacious set of our Enemies.” Pickering’s letter of 9 Apr. 1798 “fairly authorizes me to claim the Spanish protection by whatever power I might be able to do so.” Submits “the matter of this account” to JM’s “superior judgement.” Should JM agree, requests that the U.S. pay the amount to William Smith of Boston, holder of the bill formerly drawn for that sum. Has heard that “two Tripolin Corsairs are now on this Coast.” “The Natalus Schooner of 14 Guns was spoken by a Portugues Ship of War … 14 or 15 Days ago bound for Malta, I have not learned of any of the other part of our Squadron for a considerable time past.” Portugal and Algiers continue to negotiate a peace. Notes in a postscript that he encloses a list of ship arrivals to 1 July 1803 [not found].

   RC and enclosure (DNA: RG 59, CD, Alicante, vol. 1). RC 4 pp.; in a clerk’s hand, except for Montgomery’s signature and postscript; docketed by Wagner “To be answered” and “wrote to Mr. Jones about the A. B. C.” For surviving enclosure (2 pp.), see n. 2.

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

   Montgomery enclosed a copy of Charles Pinckney’s 16 Aug. 1803 letter, which charged Montgomery to decide the case himself using JM’s 9 Apr. 1803 circular as a guide. Montgomery’s reply, dated 20 Aug., complained that Pinckney’s letter did not leave him “in a better situation regarding the detention of the A. B. C. or her papers.” Because the ship’s cargo was worth $40,000 and to detain the ship’s papers would require an action in a Spanish court, Montgomery decided not to prosecute the case but to send a copy of the register to the State Department to be examined against the original at customs in the U.S.

   For Montgomery’s accounts, see John Montgomery to JM, 12 Sept. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:108 and n.).

   While Pickering gave no explicit instructions, he did write that the U.S. expected that Spain would have maintained jurisdiction over all vessels within its territorial limits and thus would have rescued American ships from French captors within those waters (Pickering to Robert Montgomery, 9 Apr. 1798 [Allis, Timothy Pickering Papers (microfilm ed.), reel 8]).

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


Title: To James Madison from Tobias Lear, 23 August 1803
From: Lear, Tobias
To: Madison, James

(Private)
Dear Sir,
On board the U.S. Frigate Constitution At Sea Lat  Lon  Augt 23d. 1803
I have the pleasure to inform you that we are thus far on our passage to the Mediterranean, and in the enjoyment of good health. The weather has been remarkably pleasant since we sailed, and the wind favourable, but light; Our progress, however, has been good, as the ship sails fast, and appears to be in very fine order. The Commodore has the good of the service very much at heart, he has been indefatigable in getting the Ship away, altho’ it may have appeared to have been a tedious job, where the infinite details of the business was not known; for it was absolutely more work to fit the Ship for sea after she was new Coppered, than it would have been to have fitted her from the stocks, where the rigging & every thing else was new. If I can form a right judgment of the Commodore’s Character, there will be no complaint of inactivity on his station, so far as he has room to operate; and I cannot help flattering myself, that if the Bashaw of Tripoli should obstinately refuse to listen to reasonable terms of accommodation, some blow will be struck which will do credit to the American Marine. The Officers of the Ship appear to be Active, enterprizing, intelligent young men, and the Crew, upon the whole, very good. According to the progress we have made, we have a right to expect to be at Gibraltar by the 5th. of Septr. where I hope we shall either meet Mr. Cathcart, or receive such information as will prevent any delay in our passing up the mediterranean, & commencing our operations.

Dear Sir,
Off Cape St. Vincents, seven leagues, Sept. 5th: 1803
I had written the foregoing on the 23d of Augt. when we had a vessel in sight which we expected was bound to the U. S. but that not being the case, I laid by the letter; and now make this addition to it by the Brig Jack, Capt Haskell, bound to Boston, whom we have met here from Cadiz—out 4 days. On the 1st inst we had a severe gale of wind from the Et. but it was not of long continuance, and since that time we have had light airs & calms, which has prevented my prediction of our getting to Gibraltar on the 5th. of this mo. from being carried into effect: however, we hope to be there tomorrow or the day after. We are all well on board, and everything about the ship, proceeds with the utmost system & order. Capt Haskell informs that the Philada. arrived at Gibraltar about 10 days ago and in consequence of information that two Tripolitan Cruizers were out & on the coast of Spain in the Medn. he had gone in pursuit of them. Capt H. has a letter he says for you on this subject from Mr. Iznardi.
I take the liberty to enclose you the Copy of a letter which I wrote to Judge Marshall, the day before I left Boston. The letter will explain itself. I think the Party or Parties who foolishly & wickedly propagate falsehoods of this kind must feel them recoil most severely upon themselves. The Clergymen of Boston, and I fear of some other places, are deviating very much from their Christian Character in being the warm & zealous promoters of scandal & falsehoods to answer the ends of a desperate faction.
Mrs. Lear has preservd her health wonderfully. She has experienced but little sea sickness, and is in good spirits. She unites with me in respects & best wishes to your good Lady & Miss Paine, and yourself.
On my arrival in Gibraltar I shall embrace the first opportunity of giving you an official detail of whatever may be interesting in that quarter. With sentiments of the highest respect & most sincere regard I am dear Sir, Your obliged & Obet. st.
Tobias Lear.

   RC and enclosure (DLC). For enclosure, see n. 4.

   Left blank in RC.

   Edward Preble was appointed commodore of the Mediterranean squadron in May 1803 (Michael L. S. Kitzen, Tripoli and the United States at War [Jefferson, N.C., 1993], pp. 87–88).

   Letter not found.

   Lear enclosed his letter to John Marshall, 13 Aug. 1803 (3 pp.), which referred to rumors Lear had heard in Boston that Marshall had accused him of suppressing some of George Washington’s diaries. These documents were allegedly critical of Jefferson, and according to the rumor, it was as a result of their suppression that Lear obtained his diplomatic appointments. Lear had confronted the Rev. John T. Kirkland, one of the sources of the report, and had left the resolution of the matter in the hands of his friend Benjamin Lincoln. For a description of the affair, see Johnson et al., Papers of John Marshall, 6:192–97.


Title: To James Madison from James Monroe, 23 August 1803
From: Monroe, James
To: Madison, James

Dear Sir
London Augt. 23. 1803.
I intended to have written you at some length by this opportunity, but my engagements, of various kinds have put it out of my power. I send a triplicate of my last letter since which nothing interesting has occured, except my presentation to the court, or rather the King, which was attended by no remarkable circumstance. His deportment was civil & conciliating, as mine certainly was. The particulars I will give in my next publick letter.
I have sent you two copies of a letter from Mr. Talleyrand to Mr. L. of march 22. with such information relative to the difficulty of obtaining it of the latter; & other circumstances as had not been before communicated, as it appeared to me proper that you shod. know. This last was committed to Mr. Baring, which I trust you have recd. The papers daily recd. from the UStates, shew, as I hear for I have not seen them, a deliberate plan to misrepresent and attribute to improper causes every thing that occurr’d in Paris. Whether that man is weakly or wickidly the cause of such pervertion seems to me to be (politically considered) quite immaterial. Be assured however that there is but little in his character to entitle him to indulgence at the expence of truth & justice. The publick interest of the UStates & of free govt., as well as the character of the admn., require that the publick shod. have a correct view of the whole of that business. The publication of his long winded & empty memoirs and of his advertisement abt. the payment of the debts, the promise respecting which he misunderstood or misrepresented, shews that he has seperated from the admn., before the people of the UStates. By what means it will be proper to make the true history known; I cannot say. Perhaps the submission of the affr. to the Senate has or may furnish a suitable occasion. The most suitable one ought to be seized, that which comports most with the dignity, the honor, the moderation but energy of the government. Be assured that there is nothing in the transaction but what is known to his friends & the federalists: and that an excessive moderation will inspire them with confidence, at the expence of principle, while it paralises the republicans. That our instructions did not extend to the acquisition of the whole, I understand has been published by some person from Paris in his confidence: that is, that fact could only have been known from him, at least I think so. It appears to me that it will be proper for the President to lay the whole before Congress, with our letters, Talleyrands to him especially of the 22. of march, & perhaps the 20. as also his to me; tho’ the latter may be read by a member in his place, altering the word “measures” to “Memoirs” the latter of wh. is in his letter. It will be proper for you to note the time when you recd. from him the above letter of march 22d. I suspect if I had not extorted it from him that you wod. never have heard of it. If you did not receive it in order let the date be as it may, or the excuse for delaying it what it may, I shall be convinc’d of that fact. I have written to no one but yr.self, except the letter to three friends under cover to you. I avoided it from motives of delicacy to the admn. & to myself, as from some sensibility to this person. I have foreseen his course but wished him to place himself so completely in the wrong, before any sentiment was expressed abt. him, that a simple statment of facts, or exposure of plain incontestible truths, wod. settle his pretentions in the mind of every honest man at once. He invites indeed provokes a judgment on him, wh. cannot be withheld. I did not fail in friendly admn., but his pretentions are so idle & vain, that it was given to the wind. I have written this in great haste—the train of thought is correct, tho nothing else is, I mean I have stated correctly my own thoughts. I enclose you a letter for Major Lewis & have only to add my best regards to the President, that of my family & my own to yrself & yours. I shall soon write you more fully on private concerns, wh. in many views are interesting but are made much more so by the incredible expences of this place. Very sincerely I am dear sir yr. friend & servant
Jas. Monroe
P S. The above are only hints—weigh them as they deserve and no more. On the ground you will be better able to judge, what is proper to be done. I am clearly of opinion that it is equally proper for the govt. to exhibit moderation as firmness. The latter however if the occasion invites is indispensable. Such a view as is above suggested may be perhaps be [sic] given without reference to him. The communication of those papers Talleyrands of March 22. & his to me of April 10. may be comprised of course as official documents & the latter as annex’d to my letter from this place. If he has not sent that of march 22 he will not own it unless charged after the publication with having kept it back.

Having a moment more I add a few more remarks. What produc’d this result? The memoires of this person, or the measures of the admn.? It is certain that the latter did, that without them that person might have hammered on in his way for ever without producing any effect. It is then due to the govt. & to the French govt. to let that appear. In doing it the difficulty is to adopt the line of dignity, and of true conciliation towards France without producing an ill effect here. I doubt much the propriety of any thing being read from me by my friends referr’d to, as it wod. involve me in a little controversy for an unbecoming object with a little being: it might also do harm on this side I mean France. My impression is that the suitable course is for the govt. to make such a statment as will place the affr. on its true ground, and apparently without looking at the person in question, who really ought not to be seen in it, as you must be sensible by the documents & facts known to you. If however he stands on true ground already & the thing is understood perfectly, then perhaps little or nothing had better be said. When the govt. acts it shod. not be in the stile of party or controversy, but in a manly tone, pursuing a publick object, not in a contest with an insect.
Perhaps the commission of the letter of March 22d. to my three friends (or rather the remaining two for genl. Mason is most unfortunately for his country dead) in addition to that of Mr. L. to me of the 10. april may furnish the means. The objection to that is the involving me in a controversy with that man: while the govt. stands on preeminent ground & may do justice to itself, to France, to that man & myself, if indeed either of us ought to be seen in the question. However I repeat again that these are only hints.

   RC (DLC: Rives Collection, Madison Papers). Marked “private”; docketed by JM. Enclosures not found.

   This was probably Monroe to JM, 15 Aug. 1803.

   See Monroe to JM, 1 and 11 Aug. 1803.

   Robert R. Livingston.

   For Monroe’s letter to Mason, Nicholas, and Breckinridge, 25 May 1803, see Monroe to JM, 8 June 1803, and n. 1.

   For Livingston’s 10 Apr. 1803 letter to Monroe, see Monroe to JM, 14 May 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:610–15 and n. 2).


Title: To James Madison from William Davies, 24 August 1803
From: Davies, William
To: Madison, James

Sir,
Augt 24th 1803
I am often applied to by seamen belonging to Coasting vessels for protections, alledging that the British Ships of War impress them within the territorial jurisdiction of the United States. I have never been able to ascertain that such practice actually exists; but the transaction stated in the enclosed deposition seems to be so irregular, that I think it proper to be communicated. I have conversed with Colonel Hamilton, the British Consul here, on the subject, who informs me that he has understood the firing was at the Ship’s buoy, which had been mistaken for one of the Ships Crew, who, it was supposed at the time, had jumped overboard with a design to desert. I have the Honor to be, sir, very respectfully, Your Most obed servant,
(signed)   Wm Davies

   Tr and Tr of enclosure (DNA: RG 76, British Spoliations, 1794–1824, folder “M”). For enclosure, see n. 1.

   The enclosure (2 pp.) is a copy of two affidavits by Adon Curles and Hendrick Stotts, given before Davies on 24 Aug. 1803, in which the two claimed that while they were on board the sloop Mahala on the evening of 4 Aug. near Hampton Roads, their ship was hailed by the British frigate Andromache and ordered to “round to under the stern of the frigate.” Despite the order’s being immediately obeyed, the British discharged “two or three muskets” and then “vollies of musketry at repeated intervals for about a quarter of an hour,” compelling all on board the Mahala to go below decks. The ship was then searched by an officer and four men, who declared “they had a right to do so and would search every vessel they chose,” after which the ship was “ordered immediately off.”


Title: To James Madison from Thomas Jefferson, 24 August 1803
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Aug. 24. 1803.
Your two favors of the 18th. & 20th. were recieved on the 21st. The letters of Livingston & Monroe are sent to mr. Gallatin as you proposed. That of Simpson to mr. Smith for the purpose of execution. All of them will be returned. Thornton’s, Clarke’s, Charles Pinckney’s, Graham’s, Appleton’s, Davis’s, Mitchell’s, Newton’s, & Derieux’ letters are now inclosed. With respect to the impressment of our seamen I think we had better propose to Great Britain to act on the stipulations which had been agreed to between that Government & mr. King, as if they had been signed. I think they were that they would forbid impressments at sea, and that we should acquiesce in the searches in their harbours necessary to prevent concealments of their citizens. Mr. Thornton’s attempt to justify his nation in using our ports as cruising stations on our friends & ourselves renders the matter so serious as to call, I think, for an answer bien motivé. That we ought in courtesy & friendship to extend to them all the rights of hospitality is certain: that they should not use our hospitality to injure our friends or ourselves is equally enjoined by morality & honor. After the rigorous exertions we made in Genet’s time to prevent this abuse on his part, and the indulgences extended by mr. Adams to the British cruisers, even after our pacification with France, & by ourselves also, from an unwillingness to change the course of things as the war was near it’s close, I did not expect to hear from that quarter, charges of partiality. In the Mediterranean we need ask from no nation but the permission to refresh & repair in their ports. We do not wish our vessels to lounge in their ports. In the case at Gibraltar, if they had disapproved, our vessel ought to have left the port. Besides, altho’ nations have treated with the pyratical states, they have not, in practice even, been considered as entitled to all the favors of the law of Nations. Thornton says they watch our trade only to prevent contraband. We say it is to plunder under pretext of contraband, for which, tho’ so shamefully exercised, they have given us no satisfaction but by confessing the fact in new modifying their courts of Admiralty. Certainly the evils we experience from it, & the just complaints which France may urge, render it indispensable that we restrain the English from abusing the rights of hospitality to their prejudice as well as our own.
Graham’s letter manifests a degree of imprudence, which I had not expected from him. His pride has probably been hurt at some of the regulations of that court, and has had it’s part in inspiring the ill temper he shews. If you understand him as serious in asking leave to return, I see no great objection to it. At the date of your letter you had not recieved mine on the subject of Derieux’ claim. I still think the limits therein stated reasonable. I think a guinea a day till he leaves Washington would be as low an allowance as we could justify, and should not be opposed to any thing not exceeding the allowance to Dawson. Fix between these as you please. I suppose Monroe will touch on the limits of Louisiana, only incidentally, inasmuch as it’s extension to Perdido curtails Florida & renders it of less worth. I have used my spare moments to investigate, by the help of my books here, the subject of the limits of Louisiana. I am satisfied our right to the Perdido is substantial, & can be opposed by a quibble on form only; and that our right Westwardly to the bay of St. Bernard may be strongly maintained. I will use the first leisure to make a statement of the facts & principles on which this depends. Further reflection on the amendmt. to the constitution necessary in the case of Louisiana, satisfies me it will be better to give general powers, with specified exceptions, somewhat in the way stated below. Mrs. Madison promised us a visit about the last of this month. I wish you could have met Govr. Page here, whom with his family I expect in a day or two & will pass a week with us. But in this consult your own convenience, as that will increase the pleasure with which I shall always see you here. Accept my affectionate salutations & constant attachment.
Th: Jefferson

“Louisiana, as ceded by France to the US. is made a part of the US. It’s white inhabitants shall be citizens, and stand, as to their rights and obligations on the same footing with other citizens of the US. in analogous situations.
Save only that, as to the portion thereof lying North of the latitude of the mouth of Arcansa river, no new state shall be established, nor any grants of land made therein, other than to Indians in exchange for equivalent portions of land occupied by them, until an amendment to the Constitution shall be made for these purposes.
Florida also, whensoever it may be rightfully obtained, shall become a part of the US. It’s white inhabitants shall thereupon be citizens, and shall stand as to their rights & obligations on the same footing with other citizens of the US. in analogous circumstances.”

   RC (DLC: Rives Collection, Madison Papers); FC (DLC: Jefferson Papers). On the FC Jefferson wrote “(shd be 25th.)” after the date.

   For the draft convention drawn between Rufus King and Lord St. Vincent, see King to JM, ca. 20 July 1803.

   Bien motivé: well reasoned.

   John Graham to JM, 7 May 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:578–80).

   Jefferson to JM, 18 Aug. 1803.

   For John Dawson’s mission to France and the allowance afforded him, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:352 n. 1.


Title: To James Madison from Jacob Wagner, 24 August 1803
From: Wagner, Jacob
To: Madison, James

Dear Sir
Department of State 24 Augt. 1803.
Your letter of the 19th. respecting Mr. Burnley was duly received and complied with; and this day another without date is come to hand, in consequence of which I enclose a copy of one side of Mr. Livingston’s cypher which will suffice for your present object: By the next post I shall transmit the other side. I have dispatched Mr. Derieux.

Altho’ the Collector of Norfolk was requested to transmit a copy of his report respecting the Josephine to the President at Monticello, yet as in his letter to the Secretary of the Treasury he does not mention his having done so, I have thought it best to forward a copy of it to you.
In transmitting to you Mr. Gore’s letter I cannot help remarking that I should not have expected from Mr. King’s experience such a mistake as is exhibited by his omission to leave a locum-tenens, which is the right and duty of every minister unless otherwise directed.
I have put Mr. Jay’s letter into the bundle only for the sake of the last paragraph. Permit me to refer you to the endorsement on Mr. Beveridge’s letter. Mr. Pinckney has said nothing respecting its subject in answer to the instructions sent him, which were to the effect that it was an antiquated claim not to be strenuously pressed but to be preferred for experiment on some favourable occasion. With the greatest respect Your faithful sert.
Jacob Wagner
P.S. I forwarded Mr. Munroe’s cypher a day or two after your departure

   RC (DLC). Docketed by JM.

   Letter not found, but see Reuben Burnley to JM, 17 Aug. 1803.

   Letter not found, but JM no doubt wrote Wagner on or about 21 Aug. for the State Department code with which to decipher Livingston’s letters (see JM to Jefferson, 21 Aug. 1803).

   For the “illegal importation of colored persons” in the brig Josephine, see the report of William Davies to Gallatin, 15 Aug. 1803, and also the letters to Davies from Littleton Waller Tazewell, 9 Aug., and Robert B. Taylor, 10 Aug. (DNA: RG 59, NFL, France, vol. 1).

   Christopher Gore to JM, 4 June 1803.

   Locum-tenens: one who holds the place of another.

   Letter not found.

   Letter not found, but for Beveridge’s claim, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:52 n. 2.


Title: From James Madison to William Thornton, 25 August 1803
From: Madison, James
To: Thornton, William

Dear Sir
Orange Court House Aug. 25 [1803]
Our present determination is to send Payne back to School under the care of Jason and as intimated in my last your horses will be forwarded by the opportunity. Jason will probably get to Washington about the 3, 4, or 5th. of Sept. the termination of the holidays being on the first monday of that month. I had erroneously calculated on its being the 1st. day of the month. The delay will be of no disservice to your horses, as they are in pretty good keeping and need it, particularly the bay horse furnished from my own Stable. The hot weather on our journey occasioned him also to ⟨pull?⟩ so much that he will ⟨act?⟩ perfectly well long before he arrives. By that time he will be ready for any excursion you may please to indulge your friends with, and which you may be sure can to none be more acceptable than to those in whose behalf I particularly make the observation. We shall not leave home sooner than the 21 or 20th: of next month. Being hurried by several preparations for the mail, I only add our united regards for the ladies & yourself. Yrs. affey.
James Madison

   RC (DLC: Thornton Papers).


Title: To James Madison from Levi Lincoln, 25 August 1803
From: Lincoln, Levi
To: Madison, James

Sir
Worcester August 25th 1803
Absence from Worcester prevented my reception of yours of the 1st. Inst. for some time after its arrival, and a subsequent distressing sickness in my family which has deprived me of one child & had rendered others the subjects of but a feeble hope for several days delayed me in procuring the law referred to, and considering its provisions untill the present time. I hope no inconvenience has resulted from the delay.
From examining and comparing the various provisions in this act, it appears to me clear, that the grants, deeds, conveyances and other evidence of claims which are by its 8th Sec: to be recorded in the Secretary’s Office are only such grants &c as are derived from some act or grant of the State of Georgia, other than those under the Bourbon act, so called, which are recognized by the Agreement of cession; and that the evidence of claims under grants orders of Surveys, or warrants from the british or Spanish Govt. or from occupancy, are not to be thus recorded. The first provision in this 8th Sec: being limitted to the second appropriation therein mentioned, the succeeding description of deeds &c appear to me to be confined to that limitation. In my opinion, all documents or writings, whether copies or originals purporting, or stated, to be evidence of a title claimed directly or indirectly from any act or grant of the state of Georgia ought to be recorded if requested, without any regard to their Authentication or to what would be their probable operation, in reference to the exhibited claim. I have the honor to be Sir very respectfully your most obt Sevt
Levi Lincoln

   RC (DNA: RG 59, LOAG). Docketed by Wagner as received 5 Sept.

   Section 8 of “An Act regulating the grants of land, and providing for the disposal of the lands of the United States, south of the state of Tennessee,” 3 Mar. 1803 (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:232–33).

   For the Bourbon County (Georgia) act, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 3:411 n. 3.


Title: To James Madison from Joseph Coffin Boyd, 25 August 1803 (Abstract)
From: Boyd, Joseph Coffin
To: Madison, James

25 August 1803, Portland. Was informed on his arrival from France of his appointment as commissioner of bankruptcy for the District of Maine. On presenting his commission to the board of commissioners, however, was informed that his commission was “not Valid” and that a Mr. Mussey had been appointed in his stead. His friends advised him to write to Judge Sewall “to know the truth” of the affair, but he believes, as does John Langdon, that he should address JM. Wishes to know “the will of the President” and JM’s orders.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Boyd”). 2 pp.; docketed by Jefferson; also docketed by Wagner as received 5 Sept. and with the note: “Mussey’s commission recites the vacancy to be in Boyd’s not qualifying.”

   Joseph Coffin Boyd (1760–1823) was a Portland merchant who, after serving in various public offices, became the first treasurer of the state of Maine in 1820 (William Willis, The History of Portland [1865; Somersworth, N.H., 1972 reprint], pp. 790–91; see also Salmon Chase to JM, 18 Feb. 1803 [PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:333 and n. 1]).

   John Mussey (1751–1823) was a Portland merchant known for building a city block of stores called “Mussey’s Row” (Willis, History of Portland, p. 549).


Title: To James Madison from William Thornton, 26 August 1803
From: Thornton, William
To: Madison, James

Dear Sir
City of Washington 26th: Augst: 1803.
I received your very kind favour of the 19th. Instant, and am much obliged by your friendship. I have only one objection to the Exchange you offer me. I am much afraid you have put yourself to inconvenience to oblige me, which I should be sorry for; it is what the sincerest friendship cannot require, and, I beg you to be candid with me and let me know what you value the Horses at, and what you can sell the Stud for; I would not only willingly pay the difference if he should not bring as much, but should esteem your kind and friendly agency in the Business as a favour, which requires my warm acknowledgements. If your favours could be repaid I could feel easy, but I cannot conceive how I shall testify to you my sense of your friendly attentions & the favours I have already received. We would as soon you should keep the Horses till your return as send them up—for they would save you the trouble of bringing other Horses, which you would have to return.
My Wife is not well—Every body else is as usual.
I meant to have written a Line to Payne to acknowledge his Favour, but I am afraid I have not time before the Mail closes.
You will be so kind therefore as to present with my best respects to the Ladies, my remembrance of him. I sent the last Post a Book which contains a voyage round a little Ball which he has some attachments to, & I hope he will sail round it, before he travels hither though I shall be glad to see him soon. I am dear Sir with the best respects of my Family to you & the Ladies your sincere Friend &c
William Thornton

   RC (DLC). Docketed by JM.


Title: To James Madison from Jacob Wagner, 26 August 1803
From: Wagner, Jacob
To: Madison, James

Sir
Department of State 26 Augt. 1803
I have nothing to forward by this post but the enclosed letter from Govr. Claiborne and the newspapers. The former has been shown to the gentlemen in the war-office. I have also to acknowledge the receipt of your’s of the 18th. inst. and remain With the greatest respect Your obed. servt.
Jacob Wagner
P.S. In the middle of last month orders were given by the war Department for stationing a detachment of troops on the Tenessee River and also a small detachment at Duck River for the express purpose of giving protection to travellers. Measures have also been taken for establishing houses of entertainment on the Wilderness Road, which will afford further security. At the same time a proclamation was issued by the war-office offering a reward of 400$ for the apprehension of any of the robbers.

   RC (DLC). Docketed by JM.

   JM inserted an asterisk here and wrote in the left margin “July 26. 1803.”

   Letter not found, but it was probably the letter enclosing JM to William Pinkney, 18 Aug. 1803 (see JM to Jefferson, 18 Aug. 1803).


Title: To James Madison from William Jarvis, 26 August 1803 (Abstract)
From: Jarvis, William
To: Madison, James

26 August 1803, Lisbon. Wrote JM last on 19 Aug. [not found] by the brig Mary, Captain Cooke, via Providence, which also carried a letter from O’Brien, a copy of the application in favor of Captain Seymour, and a copy of the note with Lamar’s commission, “Since which a circumstances has occurred that in peace would not have excited much attention, but in this time of uncertainty every mole-hill is magnified into a mountain.” “Don John de Almeida … is no longer Minister of the Foreign & War Departments.” Almeida was replaced at the foreign office by the visconde de Balsemão and at the war department by the visconde de Anadia. “Every body’s ingenuity was at work to find out the reason and to be sure they have displayed no small invention on the occasion; their speculations however generally having a hostile tendency toward Great Brittain.” Offers “some less refined and more obvious reasons for the change.” Lannes has been “very solicitous” to turn Almeida out of office. “The Secretary of the French Legation set away the Day before yesterday morning for Madrid charged it was given out with Secret dispatches: the order displacing Don John was sent to him in the afternoon.” Such a coincidence leads to “the Supposition that it is only the catastrophe of the Play which has been acting for the nearly twelve Months past & which the Secretary’s departure was intended to hasten.” Believes the report that Almeida is to be “nominated Minister extraordinary to the Court of Vienna” is being “circulated by his friends to make his fall as light as possible.” It is “confidently reported” that Rodrigo will also be dismissed. “He and John are the firm friends of England & the other two are supposed to lean toward France.” The French “strenuously deny” any part in this affair. “Notwithstanding the influence this change will be likely to give France in the Councils of this Country, I cannot believe that War will be the consequence.” The Portuguese have maintained a strict neutrality at the port of Lisbon, “nor has any single circumstance publicly occurred to justify a belief that this Government expected to be involved in the contest.” The regiments of the army recruit slowly; only ships bound for assigned destinations are being repaired. They are sending a man of war to the East Indies, a frigate and a sloop of war to Brazil, and a seventy-four to Algiers. Believes “they are seriously bent upon making a peace with the Algerines.” If so, doubts that in “the present embarrassed State of the finances of this Kingdom” they will engage in a European conflict, for peace negotiations would cost them “a half Million to a Million.” Encloses a letter from O’Brien, an extract from Simpson dated 6 Aug., copies of two from Gavino dated 11 and 15 Aug., one from Willis, and an extract from Montgomery dated 16 Aug.

   RC and enclosures (DNA: RG 59, CD, Lisbon, vol. 2). RC 5 pp.; docketed by Wagner as received 27 Oct. For surviving enclosures (misdocketed by Wagner as received in Jarvis to JM, 6 Aug. 1803), see nn.

   Enclosed is an extract from James Simpson to Jarvis, 6 Aug. 1803 (1 p.), reporting that Moroccan cruisers have sailed lately from their home ports with sealed orders and requesting that Jarvis gather all the information he can about these ships if they enter the Tagus.

   Jarvis enclosed a copy of John Gavino to Jarvis, 11 Aug. 1803 (1 p.), informing him that a 30-gun Moroccan ship and two 2-gun galleys are putting to sea and “others are to follow, what those equipments are for no one knows”; and a copy of Gavino to Jarvis, 15 Aug. 1803 (1 p.), reporting that “the Emperours two Row Boats” are still in Gibraltar and have made some cruises for “Imperial and Genoise Vessels,” and that O’Brien has written him that two Tripolitan galliots were ordered to cruise off the Spanish coast in search of American merchantmen.

   Jarvis enclosed an extract of a letter to him from Robert Montgomery, 16 Aug. 1803 (1 p.), warning of the presence of two Tripolitan corsairs off the port of Alicante.

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


Title: To James Madison from John J. Murray, 26 August 1803 (Abstract)
From: Murray, John J.
To: Madison, James

26 August 1803, Glasgow. Has just returned from a visit to Monroe in London. Will answer JM’s 9 Apr. circular soon. While at London met Robert Elliot, a “Scotchman,” who offered to take letters with him to Charleston in the ship Washington. Inquired about the owners of the ship and found them to be Blacklock, Simpson, and Davidson, the last two London merchants. Then asked Elliot about the owner of the Isabella, also destined for Charleston. He replied that the owner was Hamilton, a former merchant of Charleston now residing in London. “Altho’ Mr. Elliot spoke with certainty of the names of the owners of the Ships Washington & Isabella &, of their connexions in London yet I believe he had no Idea of my making an official communication thereof.” Submits to JM “the propriety of having these Ships … seized” and Elliot’s “evidence respecting them taken on the Spot—surely if he adheres to what he voluntarily communicated to me these Vessels will be forfeited to the United States.” Has not written “our Consul at London on the Subject but if he is vigilant I have no doubt that he will be able to confirm what Elliot told me—at all events with respect to the residence of Hamilton in London.”

   RC (DNA: RG 59, CD, Glasgow, vol. 1). 3 pp.; docketed by Wagner as received 28 Oct.

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

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


Title: To James Madison from John J. Murray, 26 August 1803 (Abstract)
From: Murray, John J.
To: Madison, James

26 August 1803, Glasgow. Transmits a report [not found] of U.S. trade in his district ending 30 June 1803, “or so much of it as has come to my knowledge.” Refers JM to his letters of 22 June and 14 July.

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

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


Title: To James Madison from Archibald Roane, 26 August 1803 (Abstract)
From: Roane, Archibald
To: Madison, James

26 August 1803, Knoxville. Received a letter “about nine months ago” from Whelen stating that he had sent copies of the laws of the U.S. “passed at the (then) last Session of Congress to Pittsburgh to be forwarded to this place for the use of the State of Tennessee.” “They have not arrived here nor have the laws passed at the last session been received, we have thus been deprived of the oppertunity of becoming acquainted with the laws of the United States, otherwise than through the medium of the news papers.” Requests that “copies for the use of this State may be sent hereafter by the public waggons which pass through this town on their way to southwest point and not by the circuitous rout which” Whelen “has chosen.”

   Letterbook copy (T: Governor’s Letterbook). 1 p.


Title: To James Madison from William Willis, 27 August 1803 (Abstract)
From: Willis, William
To: Madison, James

27 August 1803, Barcelona. His last letter informed JM that “Leonard had arriv’d here and that he was soon to take possession of the Consulate.” Has given up the office but wishes to be reinstated once his “innocence and exertions for the common interest” of his country are established. “I am inform’d every day that Mr Leonard has secret instructions to arrest me and send me to the U.S.… I know that every art has been tryed to hurt me with my friends, and the Executive of the U S.” His enemies have misrepresented his actions and “prejudiced” his partner against him. Since Leonard has arrived, however, Willis has had “a fair opportunity of proving the falsity of these people.” “I put the Enclose’d piece in the dayly paper of this City—in order to convince my Enemies that I never had a thought of leaving my Creditors in an unfair manner, all other slanders against me here are as ill founded.… I trust that I shall be able to prove the falsity of all the malicious tales that have been invented by my Enemies.”

   RC and enclosure (DNA: RG 59, CD, Barcelona, vol. 1). RC 3 pp.; docketed by Wagner. For enclosure, see n. 2.

   Willis to JM, 25 Aug. 1803.

   The enclosure is a newspaper clipping consisting of a paragraph (in Spanish) informing Willis’s creditors that delays in the collection of his bills have made it impossible for him to meet his obligations and that in consequence he has resigned the office of consul and stands ready as a private individual to submit to an arrangement decided upon by his creditors.

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