Title: To James Madison from Thomas Jefferson, 22 November 1801
From: Jefferson, Thomas
To: Madison, James

Th: J. to J. M.Nov. 22. 1801.
The Virginia resolution inclosed was, I am sure, in full confidence that you would contribute your counsel as well as myself. I have only relieved you from the labour of the premier ebauche. I must you to consider the subject thoroughly, and either make the inclosed what it should be, or a new draught. It should go on without delay, because I shall desire Monroe, if there is any thing in it he does not like, to send it back for alteration. And a fortnight is the whole time allowed for this. Best wishes & affections.

   RC (DLC: Rives Collection, Madison Papers). Enclosure not found, but see n. 1.

   On 2 Jan. 1801 the Virginia Senate endorsed a House of Delegates resolution directing the governor to write to the president about the possibility of purchasing federal lands beyond Virginia to which the slaves convicted in the aftermath of Gabriel’s Insurrection could be transported. Monroe complied by writing to Jefferson in mid-June, volunteering his misgivings about the proposal, and in a November letter he reminded the president of the need to reply to the legislature when it reconvened in early December. Jefferson answered that the colony would be undesirable in the Northwest Territory and probably unwelcome in the northern Indian or the southwestern Spanish lands. The West Indies was a “more probable & practicable” location, particularly Saint-Domingue, which was a de facto black nation and unlikely to grow large enough to constitute a threat to Southern slavery. Africa, the president concluded, would be “a last & undoubted resort, if all others more desirable should fail us” (Journal of the Virginia Senate, Dec. 1800 [Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols. to date; New York, 1958—). 1586], pp. 49, 51; Jefferson to Monroe, 24 Nov. 1801, Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:103–6; Monroe to Jefferson, 15 June and 17 Nov. 1801 [DLC: Jefferson Papers]; Robert McColley, Slavery and Jeffersonian Virginia [Urbana, Ill., 1964], pp. 110–11).

   Jefferson omitted a word here.


Title: To James Madison from David Humphreys, 23 November 1801 (Abstract)
From: Humphreys, David
To: Madison, James

23 November 1801, Madrid. No. 295. The “almost incessant occupation” of preparing representations to the first minister of state has prevented him from sending copies to the State Department. Encloses now copies of protest he made regarding Spanish insults to Captain Bainbridge of the Essex and U.S. consul Willis at Barcelona as well as a remonstrance at the refusal of commander at San Roque to allow Captain Barron of the Philadelphia to anchor at Algeciras. Also encloses minister’s responses. Had prepared a protest against Spanish firing upon two American vessels near San Roque but did not deliver it after learning from a conversation with the first minister that his government had already ordered punishment of the offenders. Encloses copy of the note mentioned in his last dispatch that he sent to the Spanish government about the illegal detention of the Molly. For information about Algiers, encloses a copy of a letter to him from O’Brien, forwarded at O’Brien’s request. Reports that Neapolitan minister at Madrid has recommended to his government that it follow the Swedish example in cooperating with U.S. against Tripoli.

   RC and enclosures (DNA: RG 59, DD, Spain, vol. 5). RC 3 pp.; marked duplicate. Enclosures (20 pp.; partly in Spanish) are copies of correspondence between Humphreys and Cevallos. For enclosed letter from O’Brien, see O’Brien to JM, 8 Nov. 1801, and n.

   In response to Humphreys’s protest about the abusive language and behavior of a Spanish naval commander toward Willis and Bainbridge, Cevallos sent him a copy of the report of the investigating officer who claimed that the incident occurred because Bainbridge had not properly identified himself and his ship (see Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:542).

   The case of the Molly, which was seized by privateers flying a flag similar to that of the Barbary pirates, was reported in the National Intelligencer of 18 Nov. 1801.


Title: From James Madison to Isaac Hite, 24 November 1801
From: Madison, James
To: Hite, Isaac

Dear SirWashington Novr. 24. 1801.
Mr. Shields has been so good as to call & let me know that he left you & my sister well last week, and to give me an opportunity of saying that we are well as usual also. I have not lost ground in point of health since my return to this place, but do not find it yet as firm as I hope time & temperance may render it. Mr. Shields is possessed of a hand bill containing the official certainty of peace between G. B. & France. It arrived last evening very unexpectedly. No particulars are known beyond those stated from the London papers. I recd. some time since a civil letter from Docr. Rose, informing me that his removal to Amherst with my sister had been decided on, that he had made the same communication to you, & requesting that I would prepare my mother for the event. The task is so delicate, & at this distance so difficult that I am at a loss how to co-operate in it. I have thought it best to forbear all attempts till the crisis should be over with my sister Rose. Perhaps you & my sister will have more in your power, by communications with the family than I have. Indeed I should imagine that all that can be done towards preparing my mother’s mind for the Trial could best be done by the Docr. & Fanny through Miss B. & Nelly, as far as no direct means could be used by themselves. From circumstances as well as from the peremptory manner in which the Dcr. speaks of his intention it can hardly be doubted that he is in earnest & will be inflexible. I presume he has given you notice that he means to take his legal rights under the will of my father, and abandon all claims under the informal papers. Dolly does not know of my having this opportunity, & therefore can not join as I am sure she would wish in the affectionate assurances to my sister & your self, which I beg you both to accept. Truly yours
James Ma⟨dison⟩

   RC (InHi: English Collection, Hite-Bowman Papers). Postmarked Washington, 6 Dec.

   Letter not found.

   JM’s sister Frances Taylor Madison Rose was about to give birth to her first child, Hugh Francis (Hugh Montgomery-Massingberd, ed., Burke’s Presidential Families of the United States of America [London, 1975], p. 142).

   The Roses were dissatisfied with William Madison’s administration of his father’s will, partly because as executor he had delayed the division of undevised personal property in the estate pending chancery proceedings, but more particularly because he refused to abide by his father’s intent to bequeath to Frances Rose lands that had been originally willed to the deceased Ambrose Madison. The Roses admitted that the memorandums or “informal papers” James Madison, Sr., left expressing his intent in this matter after writing his 1787 will were not legally binding, but they appear to have had the support of several members of the family, and at some time they also exchanged deeds with JM and his two other sisters and their spouses to that effect. William Madison, however, countered with the claim that he was entitled to one-fifth of the lapsed bequest that his father had made to his deceased brother Ambrose. The Roses therefore attempted to solve the dispute by litigation, insisting that William Madison could not claim any part of the lands intended for Frances Rose unless he was also prepared to submit to the law of hotchpot the lands, money, and tobacco that James Madison, Sr., had advanced to him before his death, some of which had not been conveyed by legal deeds. This William Madison refused to do (Robert Taylor to JM, 24 Oct. 1801, and n. 2; bill of complaint, 8 Aug. 1805, answer of William Madison, 5 Feb. 1806, in Hite v. Madison Papers [Madison County, Virginia, Circuit Court Records]).


Title: To James Madison from Andrew Ellicott, 24 November 1801
From: Ellicott, Andrew
To: Madison, James

SirLancaster Novbr. 24th. 1801
Your favour of the 18th. has just come to hand, and the first leisure hour I have, shall be employed in furnishing Mr. Churchman with the information he is requesting.
Mr. Churchman is at least entitled to credit for his perseverance, but his theory is unfortunately entitled to none, because it cannot be rendered useful, even admitting the principles to be correct. It is well known to every practical astronomer, and mariner, that neither the amplitude of the sun, or of a star, can at all times be determined within 10, or 15 minutes of a degree of the truth, and frequently on much more; but even 10 minutes in those seas, where the magnetic, and true meridians, are nearly parallel, would produce an error of 5 or 6 degrees in the longitude.
The magnetic variation is affected by so many causes that it is rendered too complex, for the quantity to be determined with the necessary exactness in different parts of the world (to answer any valuable purpose) by any mode of calculation with which we are acquainted.
The documents you are requesting were left with Mr Galliten after you left the City of Washington last July, and I expected they had been handed to you long before this.
Some weeks ago I forwarded to the President about 32 pages of manuscript remarks, to accompany a map of the Mississippi from the mouth of the Ohio, down to the gulf of Mexico, the whole southern boundary of the United States, and of west Florida. The map should have been sent with the remarks but from its size, it is difficult to find any person willing to take charge of it. I have endeavoured to render it as correct as possible, that it may serve as a basis for the perfection of the geography of our southern country. It is probably the last scientific work I shall ever have to offer to the Public—my present employment which occupies the whole of my time being unconnected with science.
Wishing you health in executing the arduous duties of your station I have the Honor to be with great sincerity your friend and Hbl. Servt.
Andw; Ellicott.

   FC (DLC: Ellicott Papers).

   The president sent Ellicott’s remarks to Dearborn, noting on Ellicott’s covering letter: “referred to the Secretary at War to be answered as he thinks proper” (Ellicott to Jefferson, 2 Nov. 1801 [DLC: Jefferson Papers]).

   Ellicott’s map later appeared in six parts in The Journal of Andrew Ellicott … (Philadelphia, 1803; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols. to date; New York, 1958—). 4147).

   Ellicott was secretary to the Pennsylvania Land Office from 1801 to 1808 (Mathews, Andrew Ellicott, pp. 206, 214).


Title: To James Madison from Moses Robinson, 24 November 1801
From: Robinson, Moses
To: Madison, James

Dear Sir—Bennington. Novr 24th 1801.
When I Compare the political State of the Government of the united States in the year 1796—and for three or four years next Ensuing, with the present year it affords me Real pleasure, to View the Change So much for the better & will not fail I trust to give Joy to Every true Republican who has deeply Sorrowd. in time past ⟨for a?⟩ Country on the brink of Ruin, had I been told in the past Reign ⟨of government?⟩ that Jefferson, Burr, Maddison, Gallatin, Dearbourn, Gr⟨anger⟩ would in the year 1801 fill those important offices they now fill I Shou⟨ld not h⟩ave believd. it I hope and trust that we may have men in future to Stand at the helm of Government who believe there is Virtue Enough in the people to Support a Republican Government without a Standing army in time of peace and divers other props So Inconsistant with it[s] principles and oppressive to the people. However I had no doubt of Mr Jeffersons Integrity and his Real belief in the principles of a Republican Government, I did not Expect he would have Came forward So bold as he did in his Inaugeral Speech but I am fully Convinced he did Right thus to openly Avow his principles and in his Administration Since So far as I Can learn (whatever abuse he may have Receivd from a Certain Class of people who wish to destroy every good Republican) has been Generally approved by the people in this State. Republicanism, has of late Gaind beyond my Expectations many who were bitter Enemies appear to be turning over but Such must give good Evidence of their Faith before they ought to be trusted his answer to the Remonstrators of New haven in Relation to the appointment of Judge Bishop to the office of Collector of the Revenue not only did him honor in the View of the Republicans but Give the people to understand what his future Conduct in those Cases Should be—there is Considerable Conversation in this place on the Expediency of a Repeal of the law Constituting the district Circuit Judges or Courts for my part I Could See no real necessity for it and I find the influence the Judges use in their Circuits is not favorible to liberty and hope it will be Repeald this session unless there Can be Reasons Given that have Escaped my mind—it is also hoped that those who have wantonly kept the publick money will be brought to an account if there be any Such.
The bearer of these lines is doctr Benjamin Robinson a native of this place and a nephew of mine, and a good Republican he has acquired a Considerable knowledge in the arts & Practice in Phisick & Surgery and is a person of a Sober & discreet behavior and promises to be useful in those branches in Business he has it in View to Settle in practice at least for a time in Some part of Virginia any Civilities you may be pleasd to g⟨ive⟩ him in advice or otherwise will be Gratefully Receivd by him a⟨nd ack⟩nowledge[d] as done to me. I have it in Contemplation to Journey ⟨to the Sea⟩t of Goverment this winter but it ⟨ma⟩y be inconvenient when the […]es I wish those in places of important trust wisdom to Conduct ⟨affairs?⟩ of Government in the best Possible manner and am with Great Respect and high Esteem your obedient and Very humble Servant
Moses Robinson
N B If Convenient I wish a line from you.

   RC (NN). Document torn by removal of seal.

   Robinson referred to the Judiciary Act of 1801, which had expanded the number of federal courts and judges while decreasing the size of the Supreme Court and had been the source of many of Adams’s “midnight appointments.” Since the Republicans considered the courts Federalist redoubts, there was much pressure to repeal the act (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:89–100; Richard E. Ellis, The Jeffersonian Crisis: Courts and Politics in the Young Republic [New York, 1971], pp. 15–16, 36–52).

   On Moses Robinson, see 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)., 4:164 n. 1.


Title: To James Madison from William C. C. Claiborne, 24 November 1801 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

24 November 1801, Natchez. Reports his arrival on 23 Nov. after a journey made unduly difficult and dangerous by low rivers and high winds. Describes the land on the Mississippi as “pretty well adapted to Cultivation” but notes that “this extensive Country has been greatly forsaken, or rather, neglected by man,” there being only three small settlements on the Spanish side between the mouth of the Ohio River and Natchez. Visited the Spanish village at New Madrid where the fort had been recently destroyed by fire; its inhabitants are mainly French. On the American side the only settlement before Walnut Hills, which is over seven hundred miles from the mouth of the Ohio, is the Chickasaw Bluffs garrison of Fort Pickering. Commends Captain Sparks, commander at the post, and his men for their aid to distressed boatmen. Suggests need to establish several other military posts on the Mississippi as the “western commerce is already immensely valuable, and is becoming more so, every year.” Notes that Steele is still too ill to assist with administration and that Sargent’s pamphlet assailing the president and Claiborne while defending his own official conduct is in general circulation. Doubts it will have any effect; believes the “warmth of Party, has of late, considerably abated” and that the majority in the district are disposed to support his administration. Promises to communicate proceedings of the legislature, which convenes 1 Dec. Hopes to restore harmony and confidence in government.

   Letterbook copy (Ms-Ar: Claiborne Executive Journal). 4 pp. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:9–12.


Title: To James Madison from Tobias Lear, 25 November 1801 (Abstract)
From: Lear, Tobias
To: Madison, James

25 November 1801, Cap Français. No. 17. Encloses copies of his correspondence with Toussaint on an incident involving a French citizen, Mr. Arnaud. States that Toussaint has always rendered the U.S. justice when Lear demanded it and has signified his intention to continue doing so. At Lear’s request, Arnaud has been released from prison but with a severe reprimand. Although Arnaud may have had cause for action against the ship’s supercargo, who had sailed before settling his accounts after promising he would not do so, Lear’s objective was to establish the principle that no private person could stop a vessel without legal authority. Has received in the past month, “during the perturbed state of the public mind,” many well-grounded complaints from American captains about the insubordination of their seamen. Has committed several seamen to prison until the time of their departure. “The disorder, which seemed to be consequent of the state of things on shore, has now subsided.” Stresses the benefit to “real American Seaman” of preventing non-Americans from obtaining false protections, which has become a common occurrence.

   RC and enclosures (DNA: RG 59, CD, Cap Haitien, vol. 3); FC (ibid.). RC 2 pp.; docketed by Wagner as received 28 Dec. Duplicate copy (ibid.) bears postscript: “General of Division Moyse was executed at Port au pais on the 23d instant.” Enclosures (7 pp.; partly in French; docketed by Wagner as received in Lear’s no. 17) relate to an incident in which the schooner Clarissa and Eliza, having cleared customs and weighed anchor, was detained and boarded by Arnaud, a French merchant, accompanied by two soldiers.

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


Title: To James Madison from Richard O’Brien, 25 November 1801 (Abstract)
From: O’Brien, Richard
To: Madison, James

25 November 1801, Algiers. Reports that the George Washington and the Peace and Plenty left Algiers for Tunis on 22 Nov. Bad weather and the Algerine navy’s use of the port facilities explain the delay. Discusses state of U.S. accounts with Algiers, including the dey’s latest requests on his private account, the comparative advantages of gifts in cash and kind, and the benefits of bribing the dey’s aides. Notes that the George Washington returns goods that the purveyor had sent by mistake. Suggests that the U.S. could adapt Mediterranean galleys, along with a fleet of gunboats, for use in its coastal defense. These could be employed to convoy troops to offshore islands in the event of war or to the South in cases of slave insurrection. Further advises keeping three or four frigates in the Mediterranean at all times. “It is force on one tack that will give us Security: and keep the Evil Minded in awe,” otherwise “it will be in Vain for us to know we are a great nation.” States that the extent of U.S. population and commerce “avails nothing to foreign nations and particularly to Barbary. They will say Where is your navy.” Sends by the George Washington a Koran, assuming its contents will give JM “some singular information.” Believes that provided the regencies do not “exceed The boundary of reason,” it will be in the interest of the U.S. to remain at peace with them. Discusses at length the problems of trade in the Mediterranean and its protection, rivalry with other nations, and internal Algerine politics. States that Mediterranean passports issued to American ships are defective; Algerines condemn cargoes in such cases. Refers to proposals for revision he sent to the previous administration. Recounts negotiations with local bankers and expresses his gratitude to JM for sending overdue stores and annuities to him at a time when “our affairs with Barbary was Verging to destruction.” Declares that had U.S. frigates arrived earlier with payments for the pasha of Tripoli the present war might have been avoided.

   RC and enclosures (DNA: RG 59, CD, Algiers, vol. 6). RC 4 pp. Extracts from RC printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:625. Enclosures (9 pp.; docketed by Wagner) are a detailed schedule of goods delivered and those still due Algiers and statements of U.S. accounts with Baccri and Busnach and with O’Brien for supplies for George Washington. On the last page of the enclosures are some notes in Wagner’s hand, including: “Row Gallies for the Presidt.” and “Passports of the new form issued to the Barbary cruisers. Mem to send them by Mr. Lear.”

   O’Brien’s 12 Oct. 1798 letter to the secretary of state proposing revised passports is printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:258–62.

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


Title: From James Madison to Joseph Hamilton Daveiss, 26 November 1801
From: Madison, James
To: Daveiss, Joseph Hamilton

SirWashington Novr. 26. 1801.
I did not ⟨re⟩ceive till yesterday your letter of the 4th. instant. That of Sepr. 9. has never been received.
The 10,000 Acres of land on Panther Creek surveyed in my father’s name, was a part of 40,000 Acres in which by contract he, Majr. Moore, and two Col. Barbours, were interested in common. Of my father’s interest about one fourth only has devolved on me, and a like proportion on my brother William. The residue descends to all his children. In so complicated a case, and with such a fraction of right in myself, you will perceive that little advantage of any sort, could ⟨ens⟩ue from my individual concurrence in your proposal; whilst the attempt to separate the course of ⟨my actions⟩ from that of my co-claimants, would rather multiply than diminish embarrassments.
If the terms of ⟨the⟩ peace so unexpectedly concluded with G. Britain & France should not have reached you sooner through some other channel, the inclosed paper will be acceptable. I am Sir, very respectfully, your Obedt. hble set
James Madison

   RC (KyLoF). RC torn in several places.

   JM referred to James Barbour, Jr. (see Daveiss to JM, 4 Nov. 1801, n. 5), and his brother, Thomas Barbour (1735–1825). Both men attained the rank of colonel during the Revolutionary War (DAR Patriot Index, pp. 34–35).


Title: From James Madison to Jeremiah Olney, 26 November 1801
From: Madison, James
To: Olney, Jeremiah

Sir,Washington, Department of State, November 26th 1801.
John Robinson, of Timber Town, Rhode Island, is stated to have been impressed into the British Ship of War, Tremendous, and to have been detained therein, at the Cape of Good Hope, when this Intelligence was sent hither. I request you therefore to give the publicity in this case which you have heretofore done in others of the same kind: and you will also be good enough to add the names of Abijah Stedson and John Predy, who are represented to have been in a like situation at the same place, but whose places of Birth or usual abode in the United States are unknown at this Department. I am, respectfully, Sir, your Obedt Servant,
James Madison

   RC (RHi: Olney Papers). In a clerk’s hand, signed by JM.

   Olney had been collector at Providence, Rhode Island, since June 1790 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:51).

   JM also sent similar form letters at this time to Robert Purviance and George Latimer as part of the State Department’s efforts to identify impressed seamen (Baltimore American and Daily Advertiser, 1 Dec. 1801; Philadelphia Aurora General Advertiser, 9 Dec. 1801).


Title: To James Madison from Isaac Winston, 26 November 1801
From: Winston, Isaac
To: Madison, James

Dear SirNovr 26th 1801
Since writing, and Closing the within Letter, a Gentleman of our Neighbourhood Wrote me, that he left Fredericksburg yesterday, when two Expresses came in with accounts of a General peace having taken place in Europe—should this be true, it no doubt will have a considerable Effect on the prices of the different articles of produce here—as I am not able to form a rational Conjecture to what extent, and in what Manner this may be—I wd. thank you for yr Opinion on the Subject, should you have Leisure to give it—accept my sincere Wishes for every Blessing that can attend you & yours and believe me yr ever affe Friend
Isaac Winston.

   RC (ViU). Docketed by JM. Accompanying letter not found.

   Although an abundant harvest in Europe had doubtless contributed to the softening of the market that had begun well before rumors of peace were reported, commodity prices dropped sharply following the news and were not to rise again until after the renewal of the European war in 1803. The immediate effect on prices was mixed; the price of superfine wheat in Philadelphia fell from $9 a barrel in November to $7.25 in December while that of James River tobacco remained constant at $7.50 per hundredweight (see Elias Vander Horst to JM, 6 and 27 Aug. 1801; Arthur H. Cole, Wholesale Commodity Prices in the United States, 1700–1861 and Statistical Supplement [Cambridge, Mass., 1938], pp. 22, 60, 62, 71, 74, and Supplement, pp. 124–30; Anne Bezanson et al., Wholesale Prices in Philadelphia, 1784–1861 [2 vols.; Philadelphia, 1936–37], 1:119–20).

   Because there were several Isaac Winstons in Virginia at this time, the editors cannot identify the writer with certainty. He may have been the son of Isaac Winston of Culpeper County, who was married to Dolley Madison’s maternal aunt, Lucy Coles Winston.


Title: To James Madison from Benjamin Hawkins, 27 November 1801
From: Hawkins, Benjamin
To: Madison, James

Fort Adams on Loftus’s heights 27th novr. 1801
I have several times since your appointment to the office you now hold determined to write to you, not to congratulate you on being Secretary of State, that would be folly, as I deemed it a necessary consequence of the change of principle manifested by the public will; but to put you in mind of an old acquaintance your friend who has had an erratic Arab life for five years among the Indians south of Ohio, surrounded at best with difficulties and perplexities and whos greatest pleasure has been in making his numerous charge ungrateful.
Loftus’s heights are on the East side of Mississippi 4 or 5 miles above our Southern Limits. They rise boldly from the waters edge into mountains in minature and extend back for 5 or 6 miles. The land a dark rich mold on the nobs ridges and all parts, but too broken for cultivation. The whole thick clustered with cane, the timber small and thin set; Locust, sassafrass, hackberry olio amanda, Magnolia, walnut and oak. Not enough with a careful selection to afford rails for farms or even firewood. Back of the heights the land becomes level, and is said to be rich and better timbered for 30 miles. An acre of the best land produces 2000 lb. of cotton in the seed. The average of a good crop 1000 lb ⅌ acre. 4 lb. in the seed is somewhat more than one pound of picked or gined cotton. The best land produces from 40 to 50 bushels of corn ⅌ acre. The whole district of Natchez is engaged in raising cotton and by report they will export to the value of 600,000 dollars, this year. Sugar cane has been tried successfully in this neighbourhood. It grows well and the product in rum was 200 gallons ⅌ acre by report of Mr. Smith who made the experiment. He has given it up for the culture of Cotton.
This Climate is reported to be healthy off from the mississippi 3 or 4 miles. In a country so rich, a climate mild with such valuable exports, the inhabitants ought to be happy and sociable among themselves but they are reported to be otherwise. I find them hospitable and many of them wellinformed. The whole district is at best in a state of doubt respecting their rights to lands; Yet they do not admit they are so. I will state to you the two ideas suggested on this subject. The first is that Spanish rights are good, founded on this country being a part of West Florida and under the jurisdiction of that government before the revolution war, admited to be so by the United States in a secret stipulation with the Court of London and was to be resigned as such in case that at the end of the war Great Britain shou’d recover and retain west Florida: and on the conquest of W. Florida from Great Britain by the Court of Madrid and the actual possession of this part of it, untill the treaty between Spain and the United States, and the consequent right, during the possession of the conquest on the part of Spain to grant out the Lands, which was exercised by a dignified and feeling attention to all concerned by giving claimants full time to come forward to exhibit and support their claims.
The other idea is that the treaty between Great Britain and the United states was prior to that between the Courts of London and Madrid and defined the Limits of the United states, that the Court of madrid was an ally defacto of the United states in their war with Great Britain and admited the justness of their claims so completely in the treaty between the two powers as not even to make mention of these grants to individuals or any thing else appertaining to the people north of the Line of Limits; that the dignified and feeling attention to persons being citizens of the United states by inviting them to come and claim lands while under the temporary government of the officers of his Catholic Majesty was farcical. They had secured their claims as citizens by the treaty between the United states and Great Britain fixing their Limits and could not fit their allegiance to the temporary convenience or arrangements of his Catholic Majestys officers in the temporary government of the Natchez.
I will write you again e’re long, I shall leave this I expect in ten days for the Creek agency and am with the sincerest regard for your present and future welfare I am My dear sir Your obedient servant
Benjamin Hawkins

   RC (OkTG). Docketed as received ⟨14?⟩ Jan. 1802.

   At the Treaty of Paris in 1763, articles 7 and 20 ceded all French and Spanish territory in East and West Florida to Great Britain, whose government then established the line of 31° latitude as the northern boundary of West Florida. In 1764 the boundary was moved north to the juncture of the Yazoo and Mississippi rivers to encompass those settlements that had been established in the intervening region. In a secret article of the peace preliminaries between the Americans and British in 1782, the U.S. accepted the latter line in the event of Great Britain’s retaining the territory but insisted on the former should Spain regain it. In peace preliminaries at Versailles in January 1783, Great Britain ceded the Floridas to Spain but without clearly defining their boundaries with the U.S. Jefferson, among others, therefore claimed that the southern limit of the U.S. was the line of 31° latitude and not the Yazoo line of 1764, and he argued that the American position was based on treaty agreements while the Spanish was based on conquest. Spain did not accept this boundary line until the negotiation of the Treaty of San Lorenzo in 1795, and Spanish officials did not deliver the region to the U.S until 1798 (Isaac Joslin Cox, The West Florida Controversy, 1798–1813: A Study in American Diplomacy [Baltimore, 1918], pp. 2–3, 26–27, 55; Fred L. Israel, comp., Major Peace Treaties of Modern History, 1648–1967 [5 vols.; New York, 1967–80], 1:310, 315–16; Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:101 n. 1, 319–20; Frances Gardiner Davenport and Charles Oscar Paullin, European Treaties Bearing on the History of the United States and Its Dependencies [4 vols.; Washington, 1917–37], 4:150, 159).

   The Creek Agency was on the Flint River in the west central part of the present state of Georgia, opposite Fort Lawrence on the west bank. Fort Adams was located on the east bank of the Mississippi, a few miles north of the line of 31° latitude (Grant, Letters, Journals, and Writings of Benjamin Hawkins, 1:404, endpaper).


Title: To James Madison from John R. Phillips, 27 November 1801
From: Phillips, John R.
To: Madison, James

Dr sir,Newport Ne⟨w C⟩astle County Deleware 27 Novbr. 1801
In conversation with a ⟨g⟩entleman from the State of Virginia at Baltimore a ⟨f⟩ew days past on the Subject of Merchant Mills, he info⟨rm⟩’d me that you or one of your Brothers he was not certain ⟨w⟩hich had one in Madison County On the Rappedan about Sixt⟨y⟩ Miles above Fredericksburgh. Which he believ’d was Either for Sale or rent the Ensueing Spring. Wishing to rent or purchase one in a good wheat Neighbourhood in Virginia, any further Information you Can favour me with on the Subject will be most thankfully Receivd by—Dr sir, your friend & fellow Citizen
John R Phillips

   RC (DLC). Damaged at fold.

   John R. Phillips’s father, Robert, operated a gristmill near Newport for many years. In the summer of 1812 he expanded the property, named it Madison Factory, and began to manufacture woolen cloth (John R. Phillips to JM, 31 Jan. 1816 [DNA: RG 59, LAR, 1809–17]; John R. Phillips to JM, 27 Jan. 1818 [DLC]; George H. Gibson, “Fullers, Carders, and Manufacturers of Woolen Goods in Delaware,” Delaware History, 12 [1966–67]: 35–36).


Title: To James Madison from Charles D. Coxe, 27 November 1801 (Abstract)
From: Coxe, Charles D.
To: Madison, James

27 November 1801, Philadelphia. Has been informed by several merchants that his position as commercial agent at Dunkirk will afford him little profit. Having heard that Taney will decline appointment as commercial agent to Ostend, he wishes to have the appointment to that position also.

   RC (DNA: RG 59, ML). 2 pp.; docketed by Wagner. Coxe’s appointment for Dunkirk had been announced in the National Intelligencer on 11 Nov. 1801. Jefferson nominated Coxe and Georgetown merchant Francis Lewis Taney to the positions at Dunkirk and Ostend, the latter of which was at that time part of France, on 6 Jan. 1802 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:402; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Finance, 2:286; Daniel H. Thomas, The Guarantee of Belgian Independence and Neutrality in European Diplomacy, 1830’s–1930’s [Kingston, R.I., 1983], p. 5).


Title: To James Madison from William Kirkpatrick, 27 November 1801 (Abstract)
From: Kirkpatrick, William
To: Madison, James

27 November 1801, Málaga. Acknowledges receipt two weeks earlier of JM’s 1 Aug. circular letter. Has granted no certificates to U.S. citizens for newly purchased vessels except when buyers swore that they were the sole owners and the ships had cleared for U.S. ports. Has included names of recipients with regular shipping reports. Provided papers to William Muir for a vessel purchased in September and bound for New York under the name Fanny. Approves of plan for forwarding health certificates from American ports to Spanish ports; recommends their transmittal every two months. Has tried to discourage shipmasters from discharging seamen without their consent and has always tried to obtain berths for such seamen on other vessels; understands he is no longer to expend money except for distressed seamen. Has always demanded sea letters and registers from captains as it is the local custom for consuls to enter vessels at the customhouse. Reports there has been no recurrence of the previous season’s malignant fever. Mentions 4 Nov. arrival of Commodore Dale in the President, accompanied by the Philadelphia and the Essex; supplied “Brandy Vinegar & other necessarys” to the latter ships. Dale left on 9 Nov. for Mahón to check report that Tripolitan cruisers were being fitted out there to hunt for American and Swedish ships. The enclosed 12 Nov. letter [not found] from Robert Montgomery at Alicante says the rumor is untrue. The Philadelphia proceeded to convoy merchant ships and the Essex is guarding the two Tripolitan cruisers at Gibraltar. Encloses a dispatch from the American minister at Madrid and a copy of a 26 Sept. letter from O’Brien at Algiers. Believes no U.S. vessel has fallen to the enemy. Expects Swedish frigate from Alicante with convoy.

   RC and enclosures (DNA: RG 59, CD, Málaga, vol. 1). RC 4 pp.; in a clerk’s hand, signed by Kirkpatrick. Enclosures are copies of Humphreys’s 24 Oct. circular letter warning that three Tripolitan cruisers, outfitted at Mahón, carried British papers and colors (1 p.; printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:602) and O’Brien’s 26 Sept. letter to Kirkpatrick recounting the victory of the Enterprize (3 pp.). An extract from the RC appeared in the National Intelligencer on 8 Feb. 1802.

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


Title: To James Madison from William Savage, 27 November 1801 (Abstract)
From: Savage, William
To: Madison, James

27 November 1801, Jamaica. Has just received from the register of the local vice-admiralty court six letters carried on the Fanny, which was traveling from Málaga to New York when detained by a British ship. Memorialized the judge in order to obtain them.

   RC and enclosure (DNA: RG 59, CD, Kingston, Jamaica, vol. 1). RC 1 p.; docketed by Wagner. Enclosure (1 p.) lists letters from Richard O’Brien, 5 Sept. 1801; David Humphreys, 10 and 18 Sept. 1801; Samuel Barron, 10 Sept. 1801; and William Kirkpatrick, 21 Aug. and 22 Sept. 1801.

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


Title: To James Madison from Israel Whelen, 27 November 1801 (Abstract)
From: Whelen, Israel
To: Madison, James

27 November 1801, Philadelphia. Requests $5,000 for payment of insurance premiums, due on 30 Nov., on the cargoes of the George Washington and the Peace and Plenty.

   RC (DNA: RG 59, ML); letterbook copy (DNA: RG 45, Purveyor’s Office, Philadelphia). RC 1 p.; docketed by Wagner.


Title: From James Madison to John G. Jackson, 27 November 1801
From: Madison, James
To: Jackson, John G.

Letter not found. 27 November 1801. Acknowledged in Jackson to JM, 19 Dec. 1801. Encloses a copy of the peace preliminaries between Great Britain and France.


Title: From James Madison to Albert Gallatin, 28 November 1801
From: Madison, James
To: Gallatin, Albert

SirDepartment of State: Washington, 28 Novr. 1801.
I have had the honor to receive your letter of the 20th. current respecting Mr. Fenwick’s accounts.
As none of his claims were incurred subsequently to the 1st. of September 1800, it follows that if the authority given to the Secretary of State, under the President’s direction, to admit such claims should be considered to be more limited after that day, the principles of liquidating his account cannot be affected by it. Whether the existing appropriations are sufficient to discharge his demands, it is the province of the Treasury Department to ascertain. If they should prove deficient, it is presumed that Congress may enlarge them, as a consequence of the same system in which they originated.
Examining therefore his claims, under the head of advances for defending captured property, by the law of the 18th. of April 1798, we find that Consuls are to be reimbursed such reasonable advances of money as had been made and during that year should be made, in making and supporting the claims of American citizens to captured property before the tribunals of foreign countries: and an appropriation is provided for the purpose. The law of the 13th. May 1800 authorizes the President to cause to be expended a sum not exceeding $5000 for the reimbursement of such reasonable advances of money as had theretofore been or before the 1st. septr. following should be made by Consuls of the United States in making and supporting the claims of American citizens for captured property before the tribunals of foreign countries. The question therefore simply is, as to the meaning of the terms making and supporting claims &c. If the law of the 3rd. March 1797, which provides for similar claims depending before the British prize-courts be recurred to for a parallel, “the costs thereof” are to be paid, “so far as the agents of the United States have become sureties for the same”: and an appropriation is made for defraying “that expense during the year 1797.” The Agents of the U. S. were sureties for the Proctors’ bills, which, it is believed, include not only their own fees, but their advances to the officers of the Courts, Counsel, for printing, in short every thing necessary to the claim or defence. Whatever therefore is considered as a reasonable expense incurred in making and supporting claims to American captured property ought to be reimbursed to Mr. Fenwick, such as for copies of official documents, postage, translations, fees to the officers of the Courts, counsel and notaries, printing, and perhaps some other charges which are not foreseen, but which entered bonâ fide into the cost of making and supporting the claim. Maintenance of the Captain and crew after the capture is excluded from this head of expense, and when reimburseable at all must fall within the provision for distressed seamen. It is noticed that in one of Mr. Fenwick’s vouchers a claim is made for ten months board of the Captain: this does not appear to be covered by any law or appropriation. He also claims the amount of a deposit, which, it seems, was required to be made at the Council of cassation and which followed the event of the appeal. Wherever therefore it appears that the appeal was lost, he is entitled to charge the amount of this deposit.
He may be allowed a commission of five per cent on all his expenditures which are admitted, but the other claim of two per cent on the amount of sales is inadmissible and has never been allowed; the former rate being considered a sufficient compensation to the Consuls of the United States. With sentiments of sincerest respect I am &c. &c
James Madison

   RC (DLC). In Wagner’s hand, except for JM’s complimentary close, signature, and inside address.

   “An Act authorizing an expenditure and making an appropriation for the Prosecution of the Claims of certain Citizens of the United States, for Property captured by the belligerent Powers” (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:516). For references to the other statutes cited by JM, see Gallatin to JM, 20 Nov. 1801, and nn.


Title: To James Madison from Tench Coxe, [ca. 28 November] 1801
From: Coxe, Tench
To: Madison, James

[ca. 28 November 1801]
A small addition is proposed to the note by the mail of monday & wednesday from Pha. to Washn. The subject is of deep importance. It does not proceed from the vanity of suppose [sic] that any thing can strike here, which will not occur there.
Any dangerous views towards this country are most practicable where there is a particular description of people. We are obviously most vulnerable there. To bring St. Domingo to bear upon that part of our inhabitants would be a great evil. Great Britain & Spain have extensive possessions north—west—& south of us. It has been often hinted that France was to have the Floridas & Louisiana. A republican of eminence last summer informed me that there was reason to believe France was to [have] that country, and proposed to establish a new nation there. If she is to have it—does take & colonizes, we shall have British & Spanish royal, & French consular neighbours. The latter will come thro the strainer of St. Domingo, and will keep up an extensive constant intimate connexion with the great Negro state. They are free. They are military. Their habits of subordination & labor are broken. If any schemes unfavorable to the peace, prosperity and permanence of republics are formed in Europe, if they are to bear on us—if all the governors of Europe participate in the view, that is an avenue at the Command of a great & numerous people—who may make establishments of any nature, on a territory ceded to them, without impediment from us. That establishment may hold out temptations of navigation & trade to our western people, and may diffuse St. Domingo views among our blacks. Our southern states a main republican limb of our sincere republican body, may be thus doubly affected. Such were the reflexions of sunday not introduced into the note of that day. They are not new. To day rumor says 20 or 30,000 men are to go from France to St Domingo—& that England is to supply the ships. If they go, thro St Domingo, to Louisiana or half of them with the most dis[t]inguished secret anti republicans of the French Army, and are combined with a black corps under some officer from thence of note, the sensation in the Southern states will be serious—and extensive. English, Spanish, Indians, St Domingo blacks, Manumitted Louisiana black, french Antirepublicans from Nova Scotia round our west to St Mary’s will not be well. Tis ill to fear. Tis well to be aware of the worst and to watch symptoms & facts that may occur.
The British C. des a. here met a respectable french aristocrat—of rank—on Saturday. He held back his hand from him. He said, if the terms ⟨then?⟩ recd (since confirmed) were true, E & F. would be at war again in 6 or 8 months. Is it so bad a treaty that he is disgusted, enraged, and thus indiscreet—or is he in the secret & does he affect resentment against french royalists, whom he esteems, and against the peace with France & France herself. If the peace is so bad what are the inducements to it. Does it not place France under a government less free than that of 1789. A member of the convention now here says it does. He goes to France professing he is a monarchist of 1789, & wishes Buonaparte to be brought to concede so much free Government to France. It has been admitted to me by an eminent American diplomatist, then in Europe, that a Majority of that french legislature out of which Barbé de Marbois & others were sent to Cayenne had Monarchy for their ultimate object. De Marbois is called into an important station in the finances. Talleyrand is in the department for foreign affairs. Great, and small circumstances in Europe especially in France appear unfavorably to the maintenance and encrease of free government.
The federalists, who are either indifferent or unfriendly to our form our [sic] government understand this treaty to secure nothing for American interest or political principle. The republican federalists view it as prejudicial to us on the latter score.
Having taken the liberty to communicate to you confidentially in this & my last Note the principal impressions, of a political nature, which the peace has made upon my mind, I do not mean to trouble you on the subject again. But I have been so forcibly struck with the total want of regard to & security for representative government in Europe, that I was unable to resist the communication. I fear the Antirepublican councils of Europe (& which are republican) will view this country as the authors of the doctrine of the sovereignty of the people, and endeavour to treat us (as they have said such authors should be considered) as the enemies of their Kind. There is at this moment, after all our successes a more powerful, active, wide-spread body of American monarchists than at any former time. They are explicit & bold, and will certainly be put into serious motion by the manifest nature of this peace—perhaps by the necessary information from Europe, as to the secret understanding with which it may have been made.
There is one accompanyment of the executive power in France, which is a stronger engine of patronage influence than I know to be derived from the church in any secular state. I mean that all the clerical offices from the Curé to the Archbishop primate are in the hands of the Chief Consul. It is not dissipated, as in England among the male, & female, noble & common owners of Manors, nor does it lie with the Bishops as in Austria, Spain &ca. Army, Navy, church & civil offices are all from one man in the fr: republic—or the Consular Government. It is impossible to be too much on our guard against the consequences of a large detachment of republican blacks from St. Domingo to Louisiana, accompanied by the sudden emancipation of the blacks there. If the french mean to reduce the blacks in the Islands, they may do it the more easily by sending the most warlike to Louisiana. Since this note was begun, it appears that the London prints announce the St. Domingo expedition in concert between Britain & France. It is not noticed in the Treaty.
(Private.)
It is presumed our government is informed, in regard to the reality or probability of a cession of Louisiana to France. Could France be in any way induced to cede it to us it would merit our greatest confidence & esteem. While I am writing accounts arrive of new disorders in St Domingo. The adjacency of the Floridas to that Island would render their Union under one power deeply alarming.

   RC (DLC). Unsigned; in Coxe’s hand. Cover marked “private.” Dated ca. 1801 in the Index to the James Madison Papers. Conjectural date here based on internal evidence; see also Coxe to JM, ca. 22 Nov. 1801, Editorial Note.

   The Saturday, 28 Nov. 1801, issue of the Philadelphia Aurora General Advertiser reported that at least twenty thousand French troops would be sent to Saint-Domingue on up to seventy chartered British vessels.

   The first news of the peace preliminaries arrived in Philadelphia on Saturday, 21 Nov. Thornton’s last letter before leaving Philadelphia for Washington was dated 25 Nov. (see Thornton to Hawkesbury, 23 and 25 Nov. 1801 [PRO: Foreign Office, ser. 115, 9:147–48, 150]).

   François Barbé-Marbois (1745–1837) had served variously as secretary of the French legation, consul, and chargé d’affaires in the U.S. from 1779 to 1785, when he was appointed intendant of Saint-Domingue. Following his recall to France in 1789, he served as a member of the Council of Ancients from 1795 to 1797, when he was exiled to Guiana. Returning to France in 1800, he was appointed director general of the public treasury by Napoleon, 24 Feb. 1801 (E. Wilson Lyon, The Man Who Sold Louisiana: The Career of François Barbé-Marbois [Norman, Okla., 1942], pp. 18, 27, 35, 49, 69, 92, 107, 110, 115).

   On 1 Dec. 1801 the Philadelphia Aurora General Advertiser reported that in future a French counselor of state would conduct everything relevant to public worship and would nominate the persons to be appointed ministers of the Catholic religion.

   The Philadelphia Aurora General Advertiser published on 8 Dec. 1801 a report from the London Morning Chronicle to confirm the news it had first printed on 28 Nov., that British ships would aid the French expedition to Saint-Domingue.

   The Philadelphia Aurora General Advertiser of 9 Dec. 1801 carried a 15 Oct. letter from Saint-Domingue giving a description of the uprising there.

   At the end of the RC, in an unidentified hand, has been added:

   “Extract from Ogden’s acct. of Canada prepared for Prince Edwd. son of King George of England in 1785 to 1790.

   Great Britain can have but two objects for retaining the province; the one is the Commerce, the other is founded on policy from the situation of the Province; for whenever it is well settled by Inhabitants firmly attached to his Majesty, G Britain may always hold a rod over the beads of the American States, and keep them in awe.”

   The quotation cannot be found in either the 1799 or 1800 edition of John Cosens Ogden’s A Tour, through Upper and Lower Canada. By a Citizen of the United States. Containing, A View of the … Settlements (EvansCharles Evans, ed., American Bibliography … 1639 … 1820 (12 vols.; Chicago, 1903–34). 36007 and 38151).


Title: From James Madison to Hans Rudolph Saabye, 28 November 1801 (Abstract)
From: Madison, James
To: Saabye, Hans Rudolph

28 November 1801, Department of State, Washington. Transmits papers concerning Henry Harrison, “son of a respectable Citizen of New Jersey.” Requests Saabye to extricate the young man from his “engagements” in the Danish service or at Copenhagen and “facilitate his return.”

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

   The young man may have been a member of the Harrison family that was prominent in southwestern New Jersey (McLachlan, Princetonians, 1748–1768, p. 632; Thomas Cushing, History of the Counties of Gloucester, Salem, and Cumberland, N.J. [Philadelphia, 1883], p. 343).


Title: To James Madison from Tobias Lear, 28 November 1801 (Abstract)
From: Lear, Tobias
To: Madison, James

28 November 1801, Cap Français. Forwards the enclosure, just received, by the same vessel as his 25 Nov. dispatch. Expects it will be carried into operation.

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3). 1 p.; docketed by Wagner. Enclosure not found, but it was probably Toussaint’s 25 Nov. proclamation and the decrees issued in the wake of the revolt that broke out in late October. These decrees authorized special military tribunals for rebellious officers, placed the militia under the orders of army commanders, established capital sentences for officers who did not promptly repress sedition, required identity cards and threatened violators with deportation or banishment to a plantation, forbade soldiers to work for or to molest civilians, and made plantation stewards liable for their workers’ behavior. A translation is printed in the Philadelphia Aurora General Advertiser, 1 and 5 Jan. 1802. JM sent Pichon a copy, which the latter forwarded to Talleyrand (see Pichon to Talleyrand, 11 Nivôse an X [1 Jan. 1802] [AAE: Political Correspondence, U.S., 54:4, 7–14]).

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


Title: To James Madison from Archibald Roane, 28 November 1801 (Abstract)
From: Roane, Archibald
To: Madison, James

28 November 1801, Knoxville. Seeks copies of records of territorial land sales for Washington County, Tennessee, as that office’s own entry book has been stolen and probably will never be recovered. Believes former governor William Blount had a copy or abstract made for the State Department at Philadelphia. Encloses copy of the state law authorizing him to collect these local records. Has designated Congressman William Dickson to obtain the transcripts.

   Letterbook copy (T: Governor’s Letterbook). 1 p. Enclosure not found. Archibald Roane (1759–1819), a contemporary and political ally of Andrew Jackson, served as Tennessee superior court judge before and several years after his term as governor, which began in 1801.

   On 13 Nov. 1801 both houses of the Tennessee General Assembly passed a bill “to make good all lawful entries, warrants and grants issued by the state of North Carolina, for lands lying within the limits of this state, and to authorize the secretary and governor of the same to perfect titles on all lawful entries and warrants that are not yet perfected” (Journal of the Senate of the First Session of the Fourth General Assembly of the State of Tennessee [Knoxville, Tenn., 1801; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols. to date; New York, 1958—). 1394], p. 180; Journal of the House of Representatives of the First Session of the Fourth General Assembly of the State of Tennessee [Knoxville, Tenn., 1801; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols. to date; New York, 1958—). 1393], p. 128).


Title: To James Madison from Carlos Martínez de Yrujo, 28 November 1801 (Abstract)
From: Yrujo, Carlos Martínez de
To: Madison, James

28 November 1801, Philadelphia. Requests JM to inform the president that he has received official notification of Spain’s peace treaty with Portugal, the terms of which reveal the moderation and reasonableness of the Spanish king.

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

   Spain and Portugal had concluded a peace treaty at Badajoz on 6 June 1801. For the text, see José Ferreira Borges de Castro et al., eds., Collecçãmao dos tratados, convenções, contratos e actos publicos celebrados entre a coroa de Portugal e as mais potencias desde 1640 até ao presente (8 vols.; Lisbon, 1856–58), 4:128–32.


Title: To James Madison from Ebenezer Stocker, 30 November 1801
From: Stocker, Ebenezer
To: Madison, James

Respected Sir,Newburyport November 30th 1801
An Article of the Treaty with France, stating, that all Vessels captured after September 1800 should be restored or paid for; and the Government having directed that Information of all cases of Spoliation, should be lodged with them: I am induced to enclose you the papers of the Brigne. Hannah and the Brigne Nathaniel, which were captured after that period, and as no notice has been made public, where application is to be made for this property; I presume it to be proper that these papers should be lodged in your Office.
If any Information can be communicated, which will direct me how to proceed in these cases, it will be gratefully acknowledged by Very respectfully sir Your most Obedient & humble servant

Ebenezer Stocker
for the underwriters & owners

P. S. Will you please to mention, if the Captures, by French Cruizers: prior to the Treaty, will be noticed.

   RC (DNA: RG 76, France, French Spoliation Claims, box 5). In a clerk’s hand, signed by Stocker. Enclosures not found.

   Joshua Carter, owner of the Hannah—which was captured 25 Oct. 1800 and carried into Puerto Rico where most of its cargo was sold for the benefit of its captors, allegedly before adjudication—claimed the value of the ship, cargo, and freight as $11,755.28. The Nathaniel, owned by David Coffin, was chartered by Stocker and several others. Captured 12 Nov. 1800 by the French privateer Liberté, it was cast away and lost off Cape Samaná, Saint-Domingue; the total value of this claim was $24,000 (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 6:550).

   Ebenezer Stocker (ca. 1753–1816) was a master mariner and shipowner in Newburyport, Massachusetts. Forming a partnership with William Farris to engage in the West India trade, he became one of the wealthiest merchants in Newburyport and was prominent in business and civic affairs. His partnership with Farris suffered severe losses during the Quasi-War with France and was dissolved shortly after the war’s conclusion (Benjamin W. Labaree, Patriots and Partisans: The Merchants of Newburyport, 1764–1815 [Cambridge, Mass., 1962], pp. 217–18; Boston Columbian Centinel, 18 Dec. 1816).


Title: To James Madison from Noah Webster, 30 November 1801
From: Webster, Noah
To: Madison, James

Sir.New Haven Novr 30th 1801
I have had the honor to receive your letter of Augt 20. in reply to mine. It was not my intention that you should take the trouble of entering into a particular vindication of the measures of govt. Your time must be much oc[c]upied with the affairs of your office; & I have no personal concern in the discussion. I write not for or on account of men. I defend or oppose principles only. As we are citizens of a common country, & have a common interest, I wish we could coincide in a system of public measures; but the event is rather to be wished than expected. I have always thought the former administrations were too much biassed, by an apprehension of war with Great Britain, which led them to make some improper sacrifices to peace with that Country. My opinions on the abandonment of the rights of neutral nations, you will shortly see—& for once we shall agree. I also reprobated & opposed the Hamiltonian project of raising a large army. But I am apprehensive of worse consequences from the principles adopted by the present administration. If the President can make vacanc[i]es & fill them at pleasure, your own discernment will discover the incalculable evils to which the practice will lead. Our constitution with such a practice is not worth a Cent. If every new president is to attempt to equalize offices among parties, we shall be forever harrassed by new factions, new parties, corruption, & a total dereliction of the primary objects of govt. I will state one fact to show the absurdity of the principle, & I appeal to Mr Granger, a Gentleman whose talents & candor I greatly respect, for the truth of the statement. In Connecticut, there was very little division of opinion, anterior to the last two years. The opposition votes, two years ago, scarcely amounted to 400, out of many thousands. The appointments in this state were made, when there was no minority to cavil or think themselves injured. The friends of the present president have seceded from their fellow citizens, mostly within two years. Now, what claim can they have to offices on the ground of right or justice? Must every similar secession claim offices on the same principle? Must govt admit such claims? On this principle, where is the stability of govt, or its consistency? I submit the fact & the consequen⟨ce⟩ to your own good sense & descernment. I care not a cent who is in office, on my own account. But I can not be tranquil under the operation of a principle, which postpones every important object of govt to private views. The principle is destructive of govt—& the precedent may be fatal to the administration which has established it.
I confess, I have not yet seen, in the administrations, that manly disregard of party views, which seems necessary to conciliate universal confidence. Some unworthy intrigues of the federalists, & their overbearing, persecuting spirit, which devotes every man to execration, who will not be as violent as themselves, have greatly disgusted many men of the party, who have no wish but to see their country prosperous & happy. On the other hand, it appears to me that the principles avowed & pursued by the present ruling party, tend to relax law, weaken the national compact, bring govt into contempt—& by diffusing a spirit of insubordination, & corruption of morals, to prepare the mass of our people for a revolution, or at least, a convulsion. I wish my fears to be ill founded.

The Company to which I belong, in New York, have printed the laws of the United States. The account for the last year’s work will be soon presented at your office. The price originally given was 25 Cents a page—but some complaints, as the price of labor & paper rose, induced the late Secretary, I believe, to give 50 Cents. You will fill the blank, as you shall determine to be proper, & pay, if you please, the acct to our order. We also furnish five Copies of the Spectator, for foreign ministers. While we do business for the heads of departments, we send them a daily paper gratis—at least we have done this in some instances. I believe the late Secretary of the treasury always paid for it. If you wish us to continue sending the papers, please to notify the firm. I have the honor to be, Sir with much respect your Obed Servt.
N Webster Jr.

   RC (NN).

   “An Essay on the Rights of Neutral Nations, in Vindication of the Principles Asserted by the Northern Powers of Europe,” in Noah Webster, Miscellaneous Papers, on Political and Commercial Subjects (New York, 1802; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols. to date; New York, 1958—). 3520), pp. 77–215.

   Webster entered the newspaper field in 1793 with the establishment of the N.Y. American Minerva. It was succeeded in 1797 by the N.Y. Commercial Advertiser with which he was connected until November 1803 (Brigham, History and Bibliography of American Newspapers, 1:609, 617).

   The N.Y. Spectator was a semiweekly edition of the Commercial Advertiser (ibid., 1:692).


Title: To James Madison from Richard Cooper, 30 November 1801 (Abstract)
From: Cooper, Richard
To: Madison, James

30 November 1801, Cooperstown. Acknowledges JM’s letter of 6 Nov. and promises to comply with his directions. Regrets that sale of boat and stores could not have been done when the expedition was canceled. The delay will result in considerable loss to the government.

   Tr (DNA: RG 233, President’s Messages, 7A-D1). 1 p. Marked “Copy.” Enclosed in JM to Jefferson, 29 Mar. 1802, and transmitted to Congress, 31 Mar. 1802 (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 1st sess., 1119).


Title: To James Madison from George W. Erving, 30 November 1801 (Abstract)
From: Erving, George W.
To: Madison, James

30 November 1801, American Consulate, London. No. 5. Encloses incomplete accounts of proctors for claims cases showing large amounts still due to them. Reports that Slade threatens to resign if not paid, though he has made this threat before. Also encloses duplicates of two of the statements sent in his letter of 31 Oct. Believes that in the statement of awards from the commissioners he may have overestimated cost of prosecuting claims. The number of cases and their average cost proved to be lower than he had allowed for. Argues that the amount likely to be recovered under article 7 [of the Jay treaty] will not begin to approach the loss of interest on the claims and the actual expenses to be paid. Calculates a balance of $78,859 remaining after covering costs and interest, and this will “not pay quite half the Salaries of Commissione⟨rs⟩ & agents.” In a 25 Dec. postscript, notes receipt of the acts of the Sixth Congress, which were, contrary to instructions, sent through the post office by the captain who transported them, resulting in a charge of £10.

   RC and enclosures (DNA: RG 59, CD, London, vol. 8). RC 5 pp.; marked “Copy”; partly in a clerk’s hand. Surviving enclosures are a statement of “Proctors in a/c with United States,” 25 Nov. 1801 (1 p.), and a duplicate statement of moneys received on decrees in the court of appeals (2 pp.).

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


Title: To James Madison from William Lee, 30 November 1801 (Abstract)
From: Lee, William
To: Madison, James

30 November 1801, Bordeaux. Encloses an extract from the consular registry relating to Barnet. Believes Barnet should have been content with soliciting support from his countrymen, “for the manner in which those from the constituted authorities here were procured, is not very honourable to him, or favorable to me nor can those testimonies be pleasing to the President.”

   RC and enclosure (DNA: RG 59, CD, Bordeaux, vol. 1). RC 1 p.; marked duplicate. The enclosed extract (5 pp.; partly in French) includes copies of a letter of support for Barnet signed by thirty-three American merchants and shipmasters, commendations from various French officials including the prefect of the Gironde and the commander of the military district, and a letter signed by forty-six Bordeaux merchants.

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


Title: To James Madison from John Stone, ca. 1 December 1801 (Abstract)
From: Stone, John
To: Madison, James

Ca. 1 December 1801, Norfolk. Rescued thirteen distressed Portuguese seamen off the Azores in March 1800 and provided them with food and clothing until they landed at Norfolk. The state of Virginia has paid for their support since their arrival, but, as explained in Governor Monroe’s letter, it has declined to reimburse him. Wishes to know what steps to take in order to be reimbursed for expenses by either the U.S. or the Portuguese government. Asks that a letter be sent to his agent, Samuel Marsh.

   RC (DNA: RG 59, CD, Lisbon, vol. 1). 2 pp. Undated. Enclosed in Monroe to JM, 15 Dec. 1801.

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


Title: To James Madison from Joseph Pitcairn, 2 December 1801 (Abstract)
From: Pitcairn, Joseph
To: Madison, James

2 December 1801, Hamburg. Acknowledges receipt of a duplicate of JM’s 1 Aug. circular letter. Has forwarded similar parcels that were sent to his care to U.S. consuls at Bremen, Copenhagen, Stettin, Stockholm, and Frankfurt. Offers assurances that he has not given papers for vessels bought abroad by Americans, approves American quarantine measures, and states that he has regularly prepared semiannual returns and has generally confined payments for sailors to the ill and shipwrecked. Refers to his past complaints that ship captains have discharged crews or abused seamen to coerce them to leave; “this port is one of those (from being often frozen) where this evil prevails.” Proposes several remedies. Declares that peace will have a great effect on American commerce and many American vessels will be sold to alleviate the reduced state of the merchant navies of Europe. “Active [American] Citizens” will profit from the increased knowledge and capital acquired over the past seven years.

   RC (DNA: RG 59, CD, Hamburg, vol. 1). 5 pp.; postmarked Philadelphia, 3 May.

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


Title: To James Madison from Albert Gallatin, 3 December 1801
From: Gallatin, Albert
To: Madison, James

Thursday morning 3d Decer. 1801
The Secretary of the Treasury requests the Secretary of State to furnish him with a copy of the aggregate number of inhabitants in the United States as returned by the last census, noting what State may be wanting, and also of the same aggregate as returned by the former census. The⟨y⟩ are wanted as the basis of some calculations in statements now preparing.
Will it be productive of any inconvenience that the answer to the letter of the Secretary of State, relative to Mr Beaumarchais’⟨s⟩ claim, should be delayed ten days longer?

   RC (DNA: RG 59, ML). Docketed by Wagner.

   Letter not found, but see Pichon to JM, 14 Nov. 1801, for the background. See also Gallatin to John Steele, 19 Nov. 1801, in H. M. Wagstaff, ed., The Papers of John Steele (2 vols.; Raleigh, N.C., 1924), 1:236. The Treasury Department appears not to have completed its inquiry into the matter until 20 Nov. 1802 (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Claims, pp. 314–15; Gallatin to JM, 20 Nov. 1802 [DNA: RG 59, DD, France, vol. 8A]).


Title: To James Madison from Charles Holt, 3 December 1801
From: Holt, Charles
To: Madison, James

Sir,New London, C. December 3, 1801
Last Sunday evening, in great haste, I happened to direct a letter, on the subject of printing the Laws of the United States in Connecticut, to Mr. Gallatin, instead of you. Gen. Stanton, a member from Rhode Island, bore this letter, and probably will have delivered it to the Secretary of the Treasury, as requested. I have therefore written a note to Mr. Gallatin to explain the mistake, and desire him to superscribe and send or hand the letter to the proper officer, for whom it was intended. Mr. Stanton can affirm the facts I have stated in my behalf, as he is informed of my case by other hands. I am, sir, With the utmost respect, Your devoted humble servant,
Charles Holt

   RC (NHi).

   Republican Joseph Stanton, Jr., of Rhode Island, a veteran of the Revolution, served in the U.S. Senate from 1790 to 1793 and in the House from 1801 to 1807.

   Charles Holt, editor of the New London, Connecticut, Bee, had been convicted under the Sedition Act and jailed from April to July 1800, during which time publication of the paper was suspended. In his 29 Nov. letter to Gallatin, he described how he had been further punished for his republican principles by being deprived of all government publishing business, both state and federal, and he requested that he be allowed the printing of the federal laws for the coming year (Smith, Freedom’s Fetters, pp. 381, 383; Holt to Gallatin, 29 Nov. 1801, reproduced in Papers of Gallatin [microfilm ed.], reel 6).


Title: To James Madison from Louis-André Pichon, 3 December 1801
From: Pichon, Louis-André
To: Madison, James

Monsieur,Georgetown le 12. Frimaire an 10. (le 3. Xbre. 1801.)
J’ai reçu du Ministre des relations extérieures l’instruction de présenter au Gouvernement des Etats Unis, une réclamation des héritiers de feu Mr. Gerard, ministre plénipotentiaire de France aux Etats Unis. Cette réclamation est fondée Sur une concession de terre qui fut faite, au dit Ministre en 1779, par une compagnie ditte de Wabash et des Illinois, dans une vaste étendue de territoire que cette compagnie avait antérieurement à la révolution, acquise de l’Etat de Virginie; on présume que cette acquisition, contestée Depuis par le Congrès, a été dans les derniers tems annulée. Si la chose est ainsi, les Héritiers de Mr. Gerard esperent que le Gouvernement Fédéral regardera comme de Sa Justice de les indemniser pour ce qui leur était acquis dans ce territoire. Je vous prie, Monsieur, de Vouloir bien prendre la peine de me donner relativement à l’état actuel de cette affaire les informations qui Sont en vôtre pouvoir; et Si l’acquisition, Susditte, de la compagnie a été annulée par les Etats Unis, Je prends la liberté, Monsieur, de Soumettre à vôtre considération Si les prétentions des héritiers de Mr. Gerard a être indemnisés pourraient être adressées au congrès et recommandées par Mr. Le Président. Un des héritiers, le Cen. Rayneval frere du Ministre décédé, est très bien connu ici par les Services réels qu’il a rendus en France, comme homme Public, aux Etats Unis tant durant que depuis leur révolution. Je vous prie, Monsieur, d’agréer l’assurance de Mon respect.
L. A. Pichon

Condensed Translation
Has received instructions from foreign minister to present claim from heirs of Gérard, minister plenipotentiary to the U.S., based on a 1779 grant of lands by the Wabash and Illinois Company. Requests information on current state of the matter and inquires if claim should be addressed to Congress and recommended by the president. One of the heirs, Citizen Rayneval, brother of the deceased, is well known for his services to the U.S. in France.

   RC (DNA: RG 59, NFL, France, vol. 1). In a clerk’s hand, signed by Pichon. Docketed by Wagner, with his notation: “Mr. Raneval’s claim.”

   A note by Jefferson is attached with sealing wax on the last page of the RC: “This claim is totally without foundation. M. de Rayneval wrote to me on the subject last spring and I wrote him an answer which I can communicate to mr. Madison. Th: J.” (see Jefferson to Joseph-Mathias Gérard de Rayneval, 20 Mar. 1801, Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:19–21). Conrad-Alexandre Gérard was the first French minister to the U.S., from 1778 to 1780. He and his brother Joseph-Mathias Gérard de Rayneval had previously served as under secretaries to foreign minister Charles Gravier, comte de Vergennes. Gérard’s heirs continued to press the claim for several more years (Jonathan R. Dull, Diplomatic History of the American Revolution [New Haven, 1985], p. 58; George Joy to JM, 28 Apr. 1810, PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (2 vols. to date; Charlottesville, Va., 1984—)., 2:327, 328 n. 1).


Title: To James Madison from Samuel Smith, 3 December 1801
From: Smith, Samuel
To: Madison, James

Dr. sir,Balte. 3rd. Decemr. 1801
I have recieved your two letters. I wish It Could be managed So as to Stop whatever may be due, to satisfy So much of the Order given me. This might be done if I could produce the Order but I have mislaid it. Nor Can I form a Conjecture of what I have done with it—unless It should have been deposited in your Department. I am Dr sir, your Obedt. servt.
S. Smith

   RC (DLC).

   Letters not found.

   See Smith to JM, 29 Dec. 1801, and n. 1.


Title: To James Madison from David Humphreys, 4 December 1801 (Abstract)
From: Humphreys, David
To: Madison, James

4 December 1801, Madrid. No. 296. Has had no news of Commodore Dale since he sailed from Málaga. Encloses copy of a 1 Nov. circular letter from Appleton “received this day” advising that the Tripolitans have purchased a twenty-two-gun ship at Smyrna for the purpose of cruising against Americans. Concludes from a 30 Nov. letter from Pinckney at Vitoria that he will arrive in the next week. Humphreys will have to attend the queen’s birthday celebration at the Escorial on 9 Dec.; the court will return to Madrid on 14 Dec. Has just seen a French newspaper announcing Livingston’s arrival at Lorient en route to Paris. Reports on French preparations at different ports for expedition to Saint-Domingue and anticipated embarkation of troops from Spain and Holland; thinks a considerable amount of provisions from the U.S. will be wanted. Adds in postscript of 8 Dec. that he is leaving for the Escorial and has heard nothing more of Pinckney.

   RC and enclosure (DNA: RG 59, DD, Spain, vol. 5). RC 3 pp.; marked triplicate; docketed by Wagner as received 7 Feb. Enclosed circular letter from Appleton, 1 Nov. 1801 (2 pp.; filed with Humphreys’s 20 Nov. dispatch), is printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:613.


Title: To James Madison from Francis L. Taney, 4 December 1801 (Abstract)
From: Taney, Francis L.
To: Madison, James

4 December 1801, Baltimore. States that his affairs in America will delay for some time his departure for Ostend. Recommends his friend and partner Joseph Simond of South Carolina to serve as vice commercial agent for Ostend until he can arrive. Asks JM to send him Simond’s commission if the president agrees to grant it.

   RC (DNA: RG 59, ML). 2 pp.


Title: To James Madison from John M. Forbes, 7 December 1801 (Abstract)
From: Forbes, John M.
To: Madison, James

7 December 1801, New York. Informs JM that Dobell, in a 3 Oct. circular letter to his mercantile friends, announced his acceptance of the consular post at Le Havre. This limits Forbes’s hopes for appointment to Lisbon, Càdiz, or Hamburg.

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

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


Title: To James Madison from William Savage, 7 December 1801 (Abstract)
From: Savage, William
To: Madison, James

7 December 1801, Kingston, Jamaica. Believes he has anticipated the president’s wish by requesting of Admiral Montagu the general liberation of all American seamen. Encloses copies of his letter and Montagu’s reply. Urges again that the place of birth be shown on identity papers of native Americans; believes this omission hinders release of many.

   RC and enclosures (DNA: RG 59, CD, Kingston, Jamaica, vol. 1). RC 1 p.; marked “Copy”; unsigned. Enclosures, docketed by Wagner as received in Savage’s 7 Dec. dispatch, are copies of Savage to Admiral Richard Montagu, 2 Dec. 1801 (1 p.), asking Montagu to release all American seamen held on British ships now that hostilities had ceased, and Montagu’s 3 Dec. reply (2 pp.) stating it had always been his policy to release Americans who had proper certification but he could not order a general release as too many imposters would take advantage of it. Montagu pointed out that the wide dispersal of false American papers made it difficult for British commanders to ascertain the truth of claims, and he cited an example from his personal experience of a British native with false U.S. papers.

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


Title: To James Madison from Louis-André Pichon, 9 December 1801 (Abstract)
From: Pichon, Louis-André
To: Madison, James

9 December 1801, Georgetown. Encloses two lists of French vessels taken prize by U.S. ships and in the process of being returned by the U.S. according to the provisions of the Convention of 1800. These lists include the only cases of this kind that have as yet come to his attention either from statements in district court registers or from his correspondence with French officials. The first list includes vessels belonging to individuals and condemned after the date of the convention. The Peggy and the Deux Anges were condemned earlier, but those decisions have been appealed and come under the terms of the treaty. The second table is a copy of that sent by Guadeloupe officials on his arrival and includes every French ship on the Guadeloupe station taken by the U.S. Agrees that the Insurgente claim ought to be set aside, provided France approves the reasons on the basis of the law of nations, which appears to release the U.S. from its treaty obligations. Requests JM to submit this letter to the president and have him make the necessary recommendations to Congress so that the U.S. can execute this part of the treaty as France has.

   RC and enclosures (DNA: RG 59, NFL, France, vol. 1); Tr (AAE: Political Correspondence, U.S., 53:506–7). RC 4 pp.; in French; in a clerk’s hand, signed by Pichon; docketed by Wagner as received 14 Dec. Enclosures are a list of French merchantmen and privateers seized by the U.S. that were to be returned under the terms of the Convention of 1800 (1 p.; in French), a list of French naval vessels seized by the U.S. and to be returned (1 p.; in French), and an extract of the circuit court decision at Boston affirming the condemnation of the Deux Anges (1 p.). First and second enclosures docketed by Wagner as received in Pichon’s letter of 18 Frimaire an X.

   On 21 Dec. 1801 the Supreme Court ordered the Peggy restored to its French owner, reversing its own decision of 23 Sept. 1800 upholding the original condemnation in the Connecticut courts (1 CranchWilliam Cranch, Reports of Cases Argued and Decided in the Supreme Court of the United States (9 vols.; Washington, 1804–17). 107–8; Adrienne Siegel, The Marshall Court, 1801–1835, vol. 2 of The Supreme Court in American Life, ed. George Lankevich [New York, 1987], p. 6).

   See PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:400 n. 7.


Title: From James Madison to Thomas Jefferson, [10 December] 1801
From: Madison, James
To: Jefferson, Thomas

Thursday night. [10 December 1801]
J. M. havg received notice this afternoon of the oppy. by a packet, has hastily written to Mr. King. The President will please to read it & return it as soon as possible, that if approved, it may be got into the Mail tonight, witht. which the oppy. will be lost.

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 10 Dec. 1801.


Title: From James Madison to Rufus King, 10 December 1801
From: Madison, James
To: King, Rufus

Sir,Department of State, Decr. 10th. 1801
Notice being just given me that the Mail to be made up this evening will reach New York in time for a British Packet, I avail myself of the opportunity to inclose a Newspaper containing all that is yet published of the proceedings of the present Session of Congress, together with the message of the President.
The accounts of peace have, with some interested exceptions, given the most sincere pleasure throughout the United States. Its effects have not yet very fully unfolded themselves, but are appearing in the fall in prices of some of our productions, particularly flour and grain. It is thought probable however, that, as often happens, the first effect will in this case, exceed the more durable one. It is certain, that the quantity of these particular Articles promised to foreign markets by the exuberance of our summer harvests, will be materially abridged by the scanty crops of Indian corn, which in the middle and Southern States have failed more generally than has for many years happened. A Richmond paper, also inclosed, will give you an evidence of it in the price of that article in one of the States which depend most on it for daily food, and in which it is usually cheaper than in any State more to the North.
Among the effects of the peace, in this Country, none will be more important than the shock which will be felt by our navigation. Besides the loss of the extra carrying trade derived from the war, the countervailing Act of Great Britain founded on the Treaty of 1794, must inevitably banish American vessels from all share in the direct trade with any part of the British Dominions, as fast as British vessels can enter into competition. I have already heard of one instance, in which an American owner of 8 or 10 ships, has chartered a British ship for a cargo of cotton, as preferable to the use of his own. Instances, I am told, have occurred, even during the War, in which merchants inattentive to the British statute, or ignorant of it, have found to their regret, that by shipping tobacco in American bottoms, when British bottoms could have been had, they were considerably losers by it.
This subject can scarcely fail to produce much sensation in some classes of our citizens. Three remedies occur for consideration. The first is that of imposing light duties on foreign vessels. This may fairly be done; but if carried to an Amount materially relieving our navigation, would probably be construed into an indirect violation of the compact. The second remedy might be, to repeal here the discrimination between American and foreign ships with respect to the impost on their cargoes; and to call on Great Britain to repeal her countervailing law. An objection to this expedient is, that it would either give an unnecessary advantage to other foreign nations, or involve disputes or complaints from them. Another difficulty is, that before these concurrent repeals could be brought about, a great part of the evil will have taken place. The third remedy is that of an immediate amendment of the British Act, adjusting the countervailing duties to a real equality with those of the U. States. This, it is conceived may be justly claimed, on the ground that the known object, the true spirit, and the obvious import of the terms of the Treaty, require that the relative advantages and disadvantages of the vessels of the two countries in the trade between them should become such, as to put them on a fair equality. Before the treaty took place it was complained by Great Britain that her vessels were placed under an inequality and disadvantage by the difference of tonnage duty, and a difference of one tenth in the impost on merchandize laid by the U States in favor of their own vessels. In the Treaty the U. States agreed that Great Britain might countervail these differences, in other words, might lay an equal tonnage duty on American vessels, and a duty on their cargoes equivalent to the additional duty laid in the U States on the cargoes of British vessels. By calculating this additional duty of 10 ⅌ Cent, not according to its real or estimated amount in the U. States, but according to British rates, which are more than ten times as high, and in many Articles near ten times ten, every idea of equalization is abandoned and the alledged difference in favor of one side, which was to be remedied by the Treaty, is by the construction of the Treaty made infinitely greater in favour of the other side. No sound rules of interpretation can authorize such a consequence; nor, I will add, can any wise policy adhere to it.
What course may be preferred by Congress on this occasion is not known. It is not improbable, that one or other of the expedients within their powers may be taken into consideration. The expedient which belongs to the Executive Department, may in the mean time be a subject of negotiation, and being the most eligible, will, if likely to succeed preclude a resort to any other. It is accordingly the wish of the President that no time may be lost in stating to the British Government the light in which their countervailing Act is received here, and in endeavouring to obtain an accommodation of it to some rule that will produce a real equality to the navigation of the two countries, as intended by the parties, instead of that ruinous inequality to the navigation of one of them which must result from the rule adopted.
This subject would have been committed to your attention at an earlier day; but it was thought best to await the conclusion of others depending with the British Government. The sudden and unexpected peace which has taken place, varies the case, and calls for an immediate interposition in behalf of our citizens.
France also has a discrimination in force which must exclude American vessels from any share in the carriage of the important article of tobacco to her ports. But as no stipulation can be pretended to restrain us from countervailing the inequality, the remedy is in our own hands, if she should not see the propriety of applying it herself.
The ratification of the Convention by the French Government having a declaratory clause inserted in it, the President thought proper that the instrument should not be proclaimed as a law, until the Senate should see and sanction it with that ingredient. There is no reason to suppose that any further delay will be occasioned by this course than what belongs to the usual forms of proceedings. With the highest respect & consideration I remain Sir Your Most Obedt. hle st
James Madison

   RC (owned by Marshall B. Coyne, Washington, D.C., 1980); letterbook copy (DNA: RG 59, IM, vol. 6). RC in a clerk’s hand, except for JM’s complimentary close and signature. Enclosures not found, but see n. 1.

   JM probably enclosed the text of Jefferson’s 7 Dec. message to Congress, which appeared in the National Intelligencer, 9 Dec. 1801.


Title: To James Madison from John Browne Cutting, 10 December 1801
From: Cutting, John Browne
To: Madison, James

Dear SirAntigua 10 Decr. 1801
I hope You will pardon the liberty I take, not only of inclosing to your care a letter for the President but in requesting that You woud be pleasd to say for me to him—that it was written immediately after the account of his election reachd the West Indias: but that subsequent confinement from sickness intercepted my purpose of forwarding it at that time.
I have but lately been apprizd of Your appointment to the situation of Secretary of State. I embrace this occasion, less to congratulate You than our Country on an event so likely to advance some of her most precious interests; as well as to retrieve that portion of renown for cool reasoning, temperate discussion and dignified demeanor which was lost for the United States by a Gentleman that Mr Adams found it expedient to dismiss from office. The intimacy with which you honord me, during a short period prior to your retirement from Congress authorizes me to rejoice, if the virtues and talents which I then witness’d are henceforth to be employd in a public sphere in some degree commensurate to their extent and variety.
The humility of my own pretensions has been so depress’d by the reception of the public service perform’d by me for our impressd seamen in London during the year 1790 and the consequences of that effort have so crippled and crush’d me; that I am stunnd and discourag’d. Otherwise I might fairly appeal, to the conviction that was fasten’d on Your own mind by a perusal of my case; and I might with chearfulness and confidence ask for some alleviation of my grievances—however late or inadequate.
But at present the sudden consummation of peace in Europe, compels me in pursuance of a written Contract to embark for London immediately; where if there be aught in which I can be useful to You Sir, or to the President, a line directed to the care of G. W. Erving Esqr. Consul of the United States for that Metropolis will find me in the month of February next. I have the honor to be with true respect & perfect esteem Dear Sir, Your Friend & Obedt: Servt:
John Browne Cutting

   RC (DLC).

   The enclosed 20 Apr. 1801 letter from Cutting to Jefferson was docketed by Jefferson as received 19 Jan. 1802 (DLC: Jefferson Papers).

   Cutting referred to Timothy Pickering.

   Cutting had met with JM in 1796 over his continuing efforts to secure payment for expenses he claimed to have incurred in obtaining the release of 947 impressed American seamen in 1790. Pickering concluded in 1799 that the greater part of the claims was a “fiction—and a very absurd one” (Cutting to JM, 26 Jan., ca. 5 Feb., and 6 Feb. 1796, 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)., 16:205–6 and n. 1, 213, 214; Letter from the Secretary of State, Accompanying His Report on the Claim of John Brown Cutting [Philadelphia, 1799; EvansCharles Evans, ed., American Bibliography … 1639 … 1820 (12 vols.; Chicago, 1903–34). 36531], p. 23).