Title: To James Madison from Turell Tufts, 23 September 1801 (Abstract)
From: Tufts, Turell
To: Madison, James

23 September 1801, Paramaribo. Reports arrival of sloop Sally of Wilmington from Norfolk with only registry certificate and clearance. Captain said that sea letter, shipping papers, and crew listing were lacking because collector Davies at Norfolk told him they were unnecessary. Points out that sea letter is the document which all naval commanders who do not speak English ask to see. Urges increased caution by U.S. customs officers, “for should one privateer be successful, our whole Commerce would thereafter be exposed to general inspection & seizure.” Carelessness with these documents also promotes foreign misuse of American flag. States that governor’s original restriction of U.S. imports to fish, flour, and lumber for three months because of market glut is expected to be extended until supplies diminish.

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

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


Title: To James Madison from David Humphreys, 24 September 1801 (Abstract)
From: Humphreys, David
To: Madison, James

24 September 1801, Madrid. No. 287. Has formally notified minister of state of American blockade of Tripoli; encloses copy of that note and minister’s reply. Confirms news of victory of the Enterprize over Tripolitan corsair, quoting from a 19 Aug. report by Commodore Dale. Notes that Portugal continues to delay peace negotiations with France. Plans to send his accounts by an American citizen bound directly for the U.S.; their transmission has been delayed by lack of a safe conveyance. In postscript of 25 Sept. notes receipt of enclosed letter [not found] from Cathalan at Marseilles to Willis at Barcelona on Swedish cooperation with U.S. in defense against Tripolitan corsairs, which may lead to “a more serious & extensive league” against the Barbary powers. Has also received a letter from Gerardo José de Souza, Spanish consul general in Tripoli, offering to serve as intermediary between the U.S. and the regency. Will forward to him a letter of introduction to U.S. naval commander, mentioning Souza’s “peculiar merits, & uncommon influence” with the pasha. Has just received copies of two State Department letters, one of 25 Jan. about indemnifications and JM’s of 21 May with instructions regarding the Mediterranean squadron. Since these copies seem to have left the U.S. as late as 20 Aug., he concludes nothing worth communicating occurred between their date and their dispatch. Does not expect to leave for U.S. until spring and assumes the president will agree that he should not expose himself to dangers of a winter crossing.

   RC and enclosures (DNA: RG 59, DD, Spain, vol. 5). RC 5 pp.; marked duplicate. Enclosures (2 pp.; docketed by Wagner as received in Humphreys’s no. 287) are Humphreys to Cevallos, 17 Sept. 1801, and Cevallos to Humphreys, 20 Sept. 1801 (in Spanish).


Title: To James Madison from Rufus King, 24 September 1801 (Abstract)
From: King, Rufus
To: Madison, James

24 September 1801, London. No. 35. Acknowledges JM’s letters of 21 May, 15 and 30 June, and 24, 27, and 28 July, the last three conveyed by Erving. Contrary to his earlier report, Denmark has not agreed to the convention with St. Petersburg, but he assumes it will eventually do so in order to regain its possessions in the East and West Indies. Discusses the situation in Europe after the Treaty of Lunéville. Discounts predictions of a new war based on events in Germany and believes that the great powers eventually will settle on the division of some of the smaller German states. Notes that the prince of Orange has asked the British cabinet if he should accept indemnities and renounce the stadtholdership but the cabinet declined to give an opinion. Also states that Prussia has offered to remain in Hanover to defend it against French designs if British government will subsidize the troops. The reply was that if France attempted to take Hanover after Prussia withdrew, England would then be willing to pay for Prussian forces. Observes that the concordat between Rome and France stabilizes Napoleon’s power. The older bishops may resist the pope’s requirement that they resign, but this will be of little consequence as the first consul will nominate the cardinals and archbishops who will eventually replace them. At his request the British Admiralty has begun an investigation into the irregular conduct of the frigate Diana toward American vessels in Lisbon harbor.

   RC (DNA: RG 59, DD, Great Britain, vol. 9); letterbook copy (NHi: Rufus King Papers, vol. 54). RC 3 pp.; marked duplicate; in a clerk’s hand; docketed by Wagner as received 16 Dec. Printed in King, Life and Correspondence of Rufus King, 3:516–17.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:210–11, 317–18, 364, 464–70, 482 n., 484–85.


Title: To James Madison from Alexander Fowler, 25 September 1801
From: Fowler, Alexander
To: Madison, James

Sir,
Fowlers Glenn, near Pittsburgh, 25h. September 1801.
I have the honor to acknowledge the receipt of your Letter of the 19th. of April, for which I thank you, and I am obliged to you for the good opinion you entertain of my integrity and Independence. Electioneering Squabbles constantly creates not only animosities but misrepresentations, and it gives me pain, to find that our animosities here should have caused my name to be brought before our Executive, in so unfavorable and deformed a point of view. I take the liberty Sir, to trouble you with a short detail of this bussiness, in order if possible to wipe away the unmerited and wicked asperssions.
Since the 4h. of March, a period when our political struggles terminated, altho ill-treated by the Fedralists (as they are foolishly called) I promoted all in my power conciliatory measures; and I was happy to find that my feelings accorded with that moderation adopted by administration. Forgiveness is surely a virtue that enobles human nature, altho I am sorry to say that Judge Brackenridge is not endowed with it: With this eccentric man there is no forgiveness—no time allowed for amendment. He has ever appeard to me to be a mere political Gladiator, and cannot live but in a Blaze.
Notwithstanding Sir, that I bore the brunt of abuse, and the grape-shot of Scurrillity, for Six months, the end being gained, I curbed resentment, and wished to forget and forgive; and I was happy to find that my old friends—who were to a Man my opponents, vizt. the Nevills, Wilkin’s &c. &c.—appeared to act from similar motives; and I have the pleasure of announcing to you Sir, (notwithstanding what may be advanced from another quarter) that I have not heared a single murmer from any man in this Country against our present administration. No doubt Ross and Addison, and perhaps a few others, may occassionally suffer internal Twangs, but their present deportment is commendable.
On the 4h. of July last, about Forty respectable Citizens of the Borough of Pittsburgh and its vicinity, all republicans, with whom I had uniformly acted (Three or four excepted) ordered a Dinner at a Mr. Reeds, about Three miles from the Borough, to which I was invited. I attended, and was chosen to preside with Doctor Andrew Richardson, a Gentleman much esteemed here, and of amiable manners. Never was a Company more unanimous in sentiment, nor was there ever an afternoon spent with more Glee, good fellowship, and harmony. Mr Brackenridge presided at a dinner on Grants-Hill about a mile from the Town, where about the like number of Citizens were convened. Whether our happiness begat the Judges enmity I cannot say; but our Toasts &c. on that day were not allowed to appear in the Tree of Liberty, a Paper which it is presumed he conducts, and which we had been all instrumental in establishing. This gave great umbrage to the whole Company, and was warmly resented, upon which they were handed to Scull who gave them a place in the Pittsburgh Gazette, hitherto esteemed the Fedral Press. Whether this days procedure, by a Republican meeting to celebrate the anniversary of our Independence, betokens a direlection of principle, or savours of Toryisim or Republicanisim, is with submission left for you and my other friends to determine. Here Mr. Israel the Editor of the Tree pours out against myself and friends, the most unhear’d of calumney and falshood; but no explanation or reply is admitted—time must be given for falshood to circulate and prejudice to ripen.
Surely this is a Tyranny never before practised in any free Government, and is as novel as unjustifyable. Myself and friends are to be denounced, turncoats and Tories, and not permitted to say a syllable in our justification. This was the cause of the Republicans of this place dividing; and we were obliged to divide, or become Slaves to the greatest of all Tyrannies: and two Republican tickets were thereupon formed for the ensuing Election. But had no misunderstanding taken place, on account of our toasts not finding a place in the tree of Liberty, (a Paper which we established) what is there extrordinary in this procedure? Was it to be supposed, that in so large a district as this, inhabited by Men from all Countries, with a variety of habits and prejudices, that any one character could be fixed upon, that would please all? No. Even to Mr. Gallatin there was always an opposition; but that opposition was constantly from the fedral side of the question altogether; and sprang from a corrupt source: They wished to get rid of Mr. Gallatin on account of his uncommon talents, for which we constantly gave him our suffrages. This Gentleman, and these talents being removed from this Country, we are left, in a manner more upon a level, and if the people get an honest man, with moderate abilities, it is all they can expect, and all they look for. In place of virtue and talents, they are now in search of virtue and integrity; and they surely have a right to make a choice. This has produced our present animosity—I know of no difference of principle; We differ about men and not measures: but it being supposed that the federalists will support the ticket in which my name is introducd, allows more latitude for Calumniating me; altho had they countenanced the ticket promoted by Mr. Brackenridge all would have been well, and the executive would not have been troubled with a Syllable on the subject.
I can with truth assure you Sir, that I had no hand whatever in promoting this ticket, it was done by Sherriff Jones and about Thirty or forty of his friends all strong Republicans. I never stirred a foot in the bussiness, being daily employed on my little Farm, which keeps me too busy, now in the Evening of my life, to keep all square; nor did I even know of the circumstance, untill the Sherriff forwarded me by a Courier, the Ticket I have now taken the liberty to enclose you. But it was full time for me to discountenance, and declare my sentiments, respecting the procedure of the Township-meetings, when it was proposed that I should sanction a falsity, and certify an untruth under my signature to blindfold my honest neighbours. Altho there were really no Township meetings regularly convened, at least very few, yet in Pitt Township where I reside, I was importuned to certify that Tom Stokes, and John Stiles, were nominated by the Township, to attend the general meeting in Pittsburgh, which Tom and John were selected by Intrigue, and had their lesson to vote for certain characters to form a ticket, without either the knowledge or concurrence of the people. I have bore too long Sir the character of an Honest man; as well as a plain dealer in politics, to become now in the Evening of my life a Jugler to gratify Judge Brackenridge or any other man; and I hope the rancour and enmity of this old friend of mine (for all is done by him or by his means) who has been long my secret enemy, will not produce the wicked effect intended.
I have enclosed you Sir, all the documents, which it is in my power to collect to throw light on my conduct, and that of my friends, therefore my political Sins are all before you.
I hope they will not appear of that magnitude as to be considered unpardonable; and I flatter myself that I may still hope for the countenance of administration, when any thing offers that may suit me, and for which I may be consider’d competent. I have the Honor to be, with due respect, Sir, Your most Obedient humble Servant
A: Fowler.
I refer you Sir to Hoare Browse Trist Esqr. for Papers I have enclosed, to shew my conduct and the toasts given on the 4h. of July last. I hope they may be communicated to Mr Gallatin.
AF.

   RC and enclosure (NHi: Gallatin Papers). For surviving enclosure, see n. 10.

   JM’s letter was dated 20 Apr. 1801. Fowler, a former British army officer and an occasional correspondent of JM’s, had written on 19 Feb. requesting an appointment as quartermaster or revenue inspector (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 17:468–70). JM replied: “Having always been very favorably impressed with respect both to the integrity of your principles and the independance of your character,… it would give me real pleasure to see you enabled to serve the public.” JM explained that being kept from Washington by “peculiar circumstances & by sickness” he could offer Fowler nothing at that time, but he promised that Fowler’s “readiness to be brought into public service shall be communicated where it ought to be known” (JM to Fowler, 20 Apr. 1802 [owned by Joseph Rubinfine, West Palm Beach, Fla., 1992]).

   Author and lawyer Hugh Henry Brackenridge, JM’s college friend and a prominent Republican in western Pennsylvania, was named a justice of the Pennsylvania Supreme Court in 1799.

   On John Neville and John Wilkins, Jr., 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)., 17:470–71 nn. 4, 5.

   James Ross, a Federalist, replaced Gallatin as U.S. senator in 1794 and served in the post until 1803. Alexander Addison, also a Federalist, was the presiding judge of the fifth judicial court district; his partisan behavior on the bench led to his impeachment in 1803 (Russell J. Ferguson, Early Western Pennsylvania Politics [Pittsburgh, 1938], p. 115).

   Col. Robert Reed’s home was the scene of several Republican gatherings in this period (ibid., pp. 189, 191, 192).

   In spite of his having been party secretary in 1799, by the 1802 election conservative Dr. Andrew Richardson had been drummed out of the mainstream Republican organization for his nondemocratic principles (ibid., pp. 173–74; Donald Roy Hillstrom, Jr., “Pittsburgh Politics, 1798–1808: People, Parties, and Issues” [M.A. thesis, ViU, 1974], pp. 28, 45, 50).

   John Scull was the editor of the Federalist Pittsburgh Gazette (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)., 17:470 n. 3).

   Jewish printer John Israel had been brought to Pittsburgh by Hugh Henry Brackenridge in 1800 to publish the Tree of Liberty in opposition to Scull’s paper. He was the recipient of much patronage support from the Republicans and many anti-Semitic attacks from the Gazette (Carl E. Prince, “John Israel: Printer and Politician on the Pennsylvania Frontier, 1798–1805,” Pa. Magazine of History and Biography, 91 [1967]: 47–50).

   Sheriff Ephraim Jones had been elected to the post in a disputed 1798 election that was finally decided by Gov. Thomas Mifflin. Jones and Andrew Richardson were candidates of both the Federalists and the splinter-group Democratic-Republicans in the 1802 assembly election (History of Allegheny County, Pennsylvania [2 pts.; Chicago, 1889], pt. 1, pp. 224–30; Hillstrom, “Pittsburgh Politics,” p. 50).

   Fowler enclosed a printed handbill announcing the results of a “Republican Meeting” at Mercer’s Tavern 19 Aug. This caucus recommended Fowler for Congress, Dr. Andrew Richardson for the state Senate, George Robinson, William Plumer, and Samuel Findley for the lower house, and Jeremiah Sturgeon as commissioner. The circular noted that a rival ticket had been formed during the June court session “by a few men, assuming to themselves powers unknown, and repugnant to the principles of our government, and highly derogatory to the dignity of Free men,” and pledged to give that ticket “every constitutional opposition.”

   Hore Browse Trist was the son of JM’s longtime acquaintance Elizabeth House Trist (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)., 2:92 n. 8, 4:251 n. 28).

   On the same day that he wrote JM, Fowler sent a nearly identical letter to Albert Gallatin (reproduced in Papers of Gallatin [microfilm ed.], reel 5).


Title: To James Madison from John Quincy Adams, 26 September 1801
From: Adams, John Quincy
To: Madison, James

Sir.
Quincy 26. September 1801.
Mr: Wagner having informed me by his letter of the 11th: instt: that neither copy of the within papers which I had forwarded from Hamburg, had then arrived at the seat of the government, I have now the honour to transmit a third copy of them; and am with great respect, Your very humble & obedt: Servt:
John Q. Adams.

   RC (DNA: RG 59, DD, Duplicate Originals of J. Q. Adams, 1800–1801, 1809–12). Docketed by Wagner as received 5 Oct.

   For the enclosures, see Adams to JM, 4 Sept. 1801, and n. 2.


Title: To James Madison from James Monroe, 27 September 1801
From: Monroe, James
To: Madison, James

Dear Sir
Richmond Sepr. 27. 1801.
It has occurr’d to me it might possibly be of some use for me to give Mr. Livingston a letter to the consul Cambaceres. I was well acquainted with him, while in France, had much intercourse on publick business & he was often at my house. Still I am not aware it will produce any good effect; perhaps there may be an impropriety in my writing him. I send you a letter to him for mr. L., and submit it to the President & yrself to decide whether it shall be forwarded or returned to me; and if forwarded whether it be deliver’d to Mr. L. open or sealed. You will return me the letter to Mr. L with that to the consul, if the latter be returned.
It is probable the treaty is signd, but if it is not, I wod. by no means authorise Mr. L, to alter the state of things, or make any concession not made by the former admn. Nor wod. I propose any thing in case of difficulty with the French govt. which might possibly have an irritating effect. While you rest on the ground on which you found the affr., you have nothing to apprehend. But as soon as you shift it you take on you a responsibility, you are not bound to take, & for which there is no necessity. You are not called on to be over earnest or precipitate in the business. A mere adjustment, or conclusion of what seemed brot. to a point, is a thing which ought to follow of course. If it does not, while you seek it with good faith, the responsibility rests elsewhere not on our admn. If the French govt. holds back, it must have a motive for it. I can concieve but two; either that it wishes a rupture with us, or is disgusted with something that has occurr’d. The first I think improbable, because, it lately shewed an earnest zeal to accomodate the difference, not to mention other reasons that are obvious. The second may have happen’d by the employmt. by the present admn., of the agents of the former one, to open a communication with it. But this is a wound wh. admits an easy & a simple cure; the removal of those agents & the substitution of a proper organ of the admn. does it at once. I am more confirmed by reflection in the opinion that the reserve of the French govt. is attributable to that cause, and to no selfish motive relative to the present state of things in the north. There was always much more of sentiment than interest discernible in the measures of that govt. towards us, & am persuaded that it still is the case. If I am right in my conjecture, friendly explanations of the kind suggested in the enclosed letter will contribute more to put things right, (being urged by Mr. L:) than any sacrifices of principle relative to neutral rights, or other concession, you cod. venture to make. I wod. rather proceed on the idea that the thing was done, and instruct Mr. L. to express equal surprise & concern, shod. it be delayed after his arrival. It is not a case in which the Executive shod. anticipate a negotiation. It stands on higher ground in France, as I presume; Its credit there, when Mr. L. arrives will carry it through at once. But if the French govt. is still reserved, a like reserve for a while believing it to be an affr. of sentiment, will produce the best effect. I doubt whether that govt. wod. sacrifice the principle in question notwithstanding the change to the north, tho’ we proposed it. Be assured we have lost much, shod. we be driven to the necessity of negotiation on this occasion. If France seriously avoids a compromise with us, I shod. think there was cause to suspect an approaching peace between her and Engld., and some understanding with respect to us between those powers. If Boniparte is a modern Cæsar, nothing is more probable than such an understanding; but I do not consider him in that light, and therefore do not seriously fear such an arrang’ment. We cannot however be too suspicious or vigilant.
A few days after you left us Dr. Bache spoke to me on the affr. on wh. we conferr’d. I went directly to the point; counted his claims on the present admn. wh. was also personally friendly to him, but ad[d]ed there was I presumed one obstacle to his advancment by it, the want of proof that he was capable of close and laborious attention to business. To bestow an office on him while that was wanting wod. be an act of favoritism wh. the admn. cod. not venture to bestow even on the Gd. son of Dr. Franklin. I told him if he did not command a station of some respectability in our country, it wod. be owing to himself. That he might consider himself the author of the ruin of fair prospects, and of the fortune of his children. He was extremely affected & shed tears most abundantly. I stated he ought not to press an immediate decision from the admn., but to behave well on his farm, work hard, and expect attention in the course of a year as the reward of some merit. He seemed to give into this idea. I gave no hint that I ever heard of his views before. They are moderate, not extending beyond some thing in the post office, of the kind we mentioned, for wh. he is fully adequate. I gave Mr. Jones a letter for you from Captn. Grub, or Mr. Grub & one from Mr. Mitchell; the former is established at L’Orient where he is married; he is an american of good character. The latter is from Phila. also a very respectable citizen. Where is Mr. Purviance? I hope you and lady are arrived in health at Washington. Yr. friend.
Jas. Monroe

   RC (NjP: Crane Collection).

   See Monroe to Cambacérès, 26 Sept. 1801 (NN: Monroe Papers). Jean-Jacques-Régis de Cambacérès was second consul of the French republic and de facto minister of justice under Napoleon. Monroe had become friendly with him while serving as American minister in Paris from 1794 to 1797 (Owen Connelly et al., eds., Historical Dictionary of Napoleonic France, 1799–1815 [Westport, Conn., 1984], pp. 94–95; Ammon, James Monroe, p. 215).

   The shift in power following the murder of Czar Paul I on 24 Mar. and the British victory at the Battle of Copenhagen on 2 Apr. had rendered ineffective the recently revived League of Armed Neutrality and led to a stronger enforcement in the Baltic of Great Britain’s Continental blockade (G. J. Marcus, The Age of Nelson: The Royal Navy, 1793–1815 [New York, 1971], p. 191).

   See JM to Jefferson, 27 Aug. 1801, n. 1.

   Probably Monroe’s uncle Joseph Jones.

   The letters have not been found, but they appear to have been applications for preferment. James Grubb had written Monroe from Paris on 18 June 1801 requesting his support for appointment to a diplomatic post in France. Philadelphian John Mitchell was nominated vice commercial agent at Le Havre by Jefferson in 1803 (James Grubb to James Monroe, 18 June 1801 [DLC: Monroe Papers]; John Mitchell to Jefferson, 9 and 21 May 1803 [DNA: RG 59, LAR, 1801–9]; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:459).

   John Henry Purviance had been Monroe’s secretary in France. Monroe later sought a governmental appointment for him (Ammon, James Monroe, pp. 143, 196; Monroe to Jefferson, 17 Nov. 1801, Hamilton, Writings of MonroeStanislaus Murray Hamilton, ed., The Writings of James Monroe (7 vols.; New York and London, 1898–1903)., 3:301–2; Monroe to JM, 17 Nov. 1801 and 14 Jan. 1802; see also JM to Monroe, 8 Jan. 1802, n. 2).


Title: To James Madison from James Leander Cathcart, 27 September 1801 (Abstract)
From: Cathcart, James Leander
To: Madison, James

27 September 1801, Leghorn. No. 12. Sends enclosures covering occurrences since his last dispatch. Danish commodore Koefoed has arrived from Tripoli, where he adjusted terms of tribute rather than taking advantage of the current opportunity to eliminate payments; coercion of the pasha seems contrary to Danish policy. Though enclosures show the friendly disposition of Swedes, he believes they would not maintain a “common cause” with the U.S. and would seek an early peace treaty with Tripoli. Has discussed the issue with the Danish and Swedish agents and has learned that both nations subject themselves to humiliating terms in the belief that it is more economical than supporting a squadron in the Mediterranean. Argues that this is false economy as they maintain one or two frigates and still have ten to thirty vessels captured per year. Koefoed asserted, on the basis of information he claimed to have received from Kirkpatrick at Málaga, that Jefferson’s plan to reduce navy will result in the U.S. accepting “every demand of the Barbary States be they ever so unjust or enormous.” Cathcart vigorously denied this assertion on the basis of his personal acquaintance with Jefferson and JM. Believes that both Denmark and Sweden are ashamed of their behavior. In future both nations will follow the American course if it is successful.

   RC and enclosures (DNA: RG 59, CD, Tripoli, vol. 2). RC 3 pp.; docketed by Wagner as received 6 Feb. Among the enclosures are copies of Capt. James Brown to Cathcart, 16 Sept. 1801 (1 p.), reporting that the Tripolitan admiral was on board a British vessel bound to Malta (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)., 1:575); Cathcart’s 11 Sept. circular letter (2 pp.) stating that Haji Mahomet ben Luna, an ambassador to the emperor of Morocco from the pasha of Tripoli, had chartered a vessel at Leghorn to carry himself and a load of wheat from Tangier to Tripoli, presumably to provide for Tripolitan cruisers blockaded at Gibraltar, and asking that U.S. warships be advised to intercept the vessel (printed ibid., 1:573–74); a letter of 6 Sept. from Cathalan to Cathcart announcing and enclosing a copy of the offer from Swedish agent Folsch for U.S. merchant vessels to join Swedish convoys (2 pp.); and Cathcart’s 16 Sept. reply (2 pp.). Also enclosed is a copy of Cathcart to Dale, 16 Sept. 1801 (3 pp.), forwarding copies of Brown’s letter and Cathcart’s circular, urging capture of the Tripolitan admiral and detention of the Tripolitan ambassador to Morocco, and suggesting that Dale keep one American frigate at Malta or Messina over the winter to “make her appearance off Tripoli” and to convoy U.S. merchantmen.

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


Title: To James Madison from Louis-André Pichon, 28 September 1801
From: Pichon, Louis-André
To: Madison, James

Georgetown le 6. vendemiaire an 10. (28. 7bre. 1801.)
C’est avec bien du plaisir que le Cen. Pichon donne à Mr. Madison communication de l’extrait ci inclus d’une lettre qu’il vient de recevoir du Gouverneur Lacrosse. Il prouvera l’esprit qui anime cet officier, ainsi que celui dans lequel Ses instructions Sont concues. Le Gal. Lacrosse dans la même dépêche, en répondant aux instances que le Cen. Pichon, à la connaissance même de Mr. Madison, lui a faites pour indemniser immédiatement les cinq ou six affaires de prises qui rentrent dans le traité, lui marque avec beaucoup de confiance les motifs qui l’ont porté à renvoyer les réclamations au Gouvernement. Le 1er. est l’épuisement de Ses moyens. Le 2e. l’obligation où il S’est, réellement et consciencieusement, crû de renvoyer la question au Conseil des prises qui d’après la loi de Son établissement prononce en dernier ressort; les prises dont il Sagit étant postérieures à Son établissement. Le 3e. motif est le desir qu’il a de recevoir du Gouvernement des réponses à quelques questions qu’il lui a proposées Sur cette espece d’affaires Sur lesquelles il n’a pas reçu encore d’instructions assez détaillées pour agir. Le Général assure d’ailleurs le Cen. Pichon de deux choses. 1e. que du moment où la décision du conseil Sera connue il poursuivra les capteurs avec toute la Sévérité possible. 2e. qu’il fera lui même, lorsque le Ministre lui aura répondu, tous Ses efforts pour indemniser les parties Souffrantes.
Le Général Lacrosse prévient aussi le Cen. Pichon de la nécéssité où il va Se trouver de mettre un droit à la Sortie et à l’entrée des marchandises dans la colonie. Quand la mesure aura été prise le Cen. Pichon en Sera instruit et il en donnera communication à Mr. Madison qu’il prie de vouloir bien agréer Ses Respects.

Condensed Translation
Encloses an extract of a letter from Governor Lacrosse that shows this officer’s disposition as well as that in which his instructions are conceived. In the same dispatch Lacrosse responds to Pichon’s inquiries about five or six prize cases and reveals his motives for referring the cases to the government, which are: (1) depleted funds; (2) his belief in his obligation to turn the matter over to the Council of Prizes; and (3) his desire to have more detailed instructions from the government on cases of this sort. Lacrosse assures Pichon that as soon as he has instructions, he will pursue the captors with severity, and when he has the minister’s reply, he will personally do all he can to indemnify the suffering parties. Lacrosse foresees the need for imposing a duty on imports and exports and, when this occurs, will inform Pichon who will then advise JM.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1). RC in a clerk’s hand. Enclosure 2 pp.; in French (see n. 1). For an English translation of RC and enclosure, see ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:436.

   Pichon enclosed an extract of a 1 Sept. 1801 letter from Admiral Jean-Baptiste-Raimond Lacrosse, governor-general of Guadeloupe, to Pichon, protesting the carrying away of black farmhands there on American ships and asking Pichon to confer with JM on the punishment for an American captain convicted of the offense. For previous correspondence with Lacrosse on the subject of prizes, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:399 n. 1.


Title: To James Madison from Thomas Appleton, 28 September 1801 (Abstract)
From: Appleton, Thomas
To: Madison, James

28 September 1801, Leghorn. Fears his dispatch of 9 July may have been lost in a postal robbery at Nice. Announces that American ship Columbia and schooner Raven were seized on the suspicion of their being British property but General Murat, on his request, ordered them to be released. Has found Murat to be prompt in responding to requests for favors or justice. Current political situation in Italy yields no clue as to its future; Murat in effect governs Italy. All foreign consuls at Leghorn, including himself, await instructions from their governments on how to present themselves to King Ludovico [Louis I] of Etruria. Reports 23 Sept. offer by Swedish commodore Tornquist to convoy American vessels. Recounts his own services to U.S. consuls on Mediterranean and requests post of naval agent now held by Messrs. DeButts and Purviance.

   RC (DNA: RG 59, CD, Leghorn, vol. 1). 7 pp.; marked duplicate.

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


Title: To James Madison from James Madison, Jr., 29 [September] 1801
From: Madison, James
To: Madison, James

Dear Uncle.
Madison 29th. [September] 1801.
Since I saw you, I have visited several small Towns on James River, for the purpose of procuring a place for vending Goods; but found them all well supply’d with people of that description. Mr Shepherd advises me strongly to go to Stevensburg, as there is not at this time a tolerable Store in that place. He says more goods may be sold there than ever was vended at this Mill, and the payments better. If so the place cannot be a bad one. I have determined to go there with a well chosen parcel of goods, tho at the same time shall be cautious, with respect to the quantity. I leave this early in the morning for Frdbg. and from thence to Baltimore; Mr. S. Stone inform’d me some time ago by way of Mr Richards, that he would render me any service in his power, and at the same time observ’d that a letter from you to Mr Saml. Smith of Baltimore wd. be of infinite service. If you will be so good as to furnish me with such a letter, the favor never will be forgotten. Your Nephew.
James Madison jr

   RC (NN).

   Madison omitted to write the month; it is supplied here by conjecture on the basis of Alexander Shepherd to JM, 8 Oct. 1801.

   Alexander Shepherd, who had married Elizabeth Madison, the eldest daughter of Francis and Susana Bell Madison, was the brother-in-law of James Madison, Jr. (see “To the honorable George Wythe Judge of the Richmond District Chancery court,” n.d. [InHi: English Collection, Hite-Bowman Papers]).

   William S. Stone was a Fredericksburg merchant with whom the Madisons had regular business dealings (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)., 17:147, 148 n. 2).

   James Madison, Jr., eldest son of Francis and Susana Bell Madison, had attended Hampden-Sydney Academy and then served as a clerk with the Falmouth, Virginia, merchant Robert Dunbar, who handled wheat crops from Montpelier (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)., 14:146 n. 1, 15:309–10 and n. 1).


Title: To James Madison from Stephen Cathalan, Jr., 29 September 1801 (Abstract)
From: Cathalan, Stephen
To: Madison, James

29 September 1801, Marseilles. Acknowledges receipt of JM’s letters of 7 and 14 July, enclosing his new commission as commercial agent. Both he and his aged father are grateful beyond his power to express for this sign of favor from JM and the president. Has also received blank bond which law requires in lieu of the bond he gave on entering office. Is sending Philadelphia merchant Felix Imbert, who has his power of attorney, the form, on which he has mortgaged six of his twelve shares in the Bank of the United States, to forward for signatures to John Mason of Georgetown, Robert Gilmer & Company of Baltimore, Robert and John Oliver of Baltimore, David Pearce of Gloucester, Massachusetts, John Prince, Jr., of Salem, Massachusetts, and Felix Imbert. Promises to forward requested reports of U.S. vessels in port every six months. Only five have entered this year; two still await Swedish or American convoy. Explains that he has not kept up correspondence with American merchants about trade with Marseilles because unsettled conditions for the past several years, including previous American conflicts with Barbary powers and with France, blockade by British, loss of free-port status by Marseilles, and present possibility of peace between France and England, have all discouraged trade. Suggests that JM publish this information in newspapers if he thinks it will be helpful to American merchants. Adds that codfish alone will trade well, and then only until French are allowed to fish Newfoundland banks under a new peace treaty.

   RC (DNA: RG 59, CD, Marseilles, vol. 1). 6 pp.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:386 and n.

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


Title: To James Madison from William Jarvis, 1 October 1801 (Abstract)
From: Jarvis, William
To: Madison, James

1 October 1801, San Sebastian. Appends a copy of a letter he wrote to JM from London. Subsequent changes reported in consulates in Europe lead him to believe Bulkeley will be removed even if political situation in Portugal does not change. Repeats desire for Lisbon post.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Jarvis”). 1 p.; preceded by Jarvis’s copy of his 22 Aug. 1801 letter to JM.


Title: To James Madison from Rufus King, 2 October 1801
From: King, Rufus
To: Madison, James

No. 36
Sir
London Oct: 2d. 1801
Preliminaries of peace between France and Great Britain, were signed last night at Lord Hawkesburys office. With perfect respect & Esteem I have the honour to be Sir Your ob: & faithful Servt:
Rufus King

   RC (DNA: RG 59, DD, Great Britain, vol. 9); letterbook copy (NHi: Rufus King Papers, vol. 54). RC docketed by Wagner.


Title: To James Madison from Blake & Magwood, 2 October 1801 (Abstract)
From: Blake & Magwood
To: Madison, James

2 October 1801, Charleston. Addresses JM on the subject of enclosed letter from Capt. Oliver Fuller of the brig Washington, which is owned by the firm and was seized on a voyage from Port Républicain to Charleston. According to the letter, the ship was captured 4 Sept. just outside Charleston by the British frigate Circe and carried into Jamaica. Fuller seems to have written in haste and supplied no information about what cargo he had on board on the firm’s account, but he had been given instructions to sell outbound cargo and return with the proceeds, which should have amounted to at least $16,000 above the duties; cost of cargo, including commissions, was $11,865. Cannot say why vessel was seized, but they protest that the removal of captain and crew leaves property worth at least $23,000 “at the mercy of a Crew of British Men of War men without the smallest Controal of any one in our behalf.” Firm also protests the cruel treatment accorded captain and crew. They point out that “our JB is a native of Norfolk in Virginia” and a Revolutionary War veteran and that Simon Magwood, while not native-born, has been a U.S. citizen for “upwards of 15 Years.” Firm is “perfectly satisfied that our Goverment will do what is proper in this business.”

   RC and enclosure (DNA: RG 76, British Spoliations, 1794–1824, Unsorted Papers). RC 3 pp.; docketed by Wagner, “British Brigt. Washington (Fuller).” Enclosure is Oliver Fuller to Blake & Magwood (2 pp.; undated), notifying them of his seizure “on Soundings of Charleston Bar” after which he and his crew were placed on board the Circe “where we were treated With the utmost Inhumanity Confind. Down under two Decks in a Dark filthy place and Allowed ½ lb Sower flower & ½ lb. Salt Beef per Day and nothing Else.” Fuller reported that two other American captains were “taken the Same Day and in the Same Predikament.” He further stated that he did not know why the ship was seized as the freight he carried had correct consular certificates.


Title: Petition to the General Assembly of Virginia, [ca. 3 October] 1801
From: Madison, James,Madison, William
To: General Assembly of Virginia

[ca. 3 October 1801]
To the honorable the General Assembly of Virginia
Your petitioners the subscribers Shew, that James Madison James Madison jur. Francis Madison and William Madison formed a partnership under the firm of William Madison and Company for the purpose of erecting a merchant-Mill in the county of Madison on the Rapidan river and obtained the right in sixteen & a half acres of land on which the said Mill and other improvements are erected. That one of the articles of copartnery restrained the respective partners from alienating by sale their respective interests in the aforesaid property except to one or more of the said partners. That Francis Madison one of the said partners departed this life without Will whereby his interest in the aforesaid property descended to nine children left by him, subject to the dower of his widow still living, six of whom are minors under the age of twenty one years. That James Madison first named above and father of the other partners is also dead and by his last Will & testament devised such lands as he did not otherwise dispose of to be divided between his four sons James Madison, Francis Madison, Ambrose Madison & William Madison, in which devise your petitioners conceive the testator’s interest in the aforesaid property to be comprised. That the said Francis Madison and Ambrose Madison died in the life time of the said James Madison their father and testator, whereby the interest which they would have taken by virtue of the said devise in case they had survived the testator, became lapsed and of consequence descended subject to the law of Hotchpot to five living children left by the said James Madison deced. and to the representatives of the two who are above stated to be dead. Your petitioners further shew to the honorable assembly that the said James Madison deced. & Francis & Ambrose Madison died since the operation of the present law of descents and that to make a division of the interest owned by the said James Madison deced. in the aforesaid property it would be necessary to divide the same first into four parts and allot to his surviving sons each one fourth part and then to subdivide the other two fourths which became lapsed into seven parts one for each of the living children and one for the representatives of each of the deceased sons respectively—and again divide one seventh part amongst the nine children of the said Francis Madison deced. Your petitioners conceive that it must be unnecessary to state any other inconveniences to the various claimants to the said property in holding the same in specie, since it must be impossible to unite the views and wishes of so many proprietors relative to the management of the same sufficiently, to insure any profits therefrom. Under this impression your petitioners do most sincerely believe that it will be greatly for the interest of all parties concerned to have a sale of the aforesaid property and to divide the money, (even if a specific division thereof was practicable) but as the share of each claimant would exceed in value an hundred dollars they are advised that under the existing laws a sale thereof cannot be decreed by any court. They therefore pray the interference of the honorable assembly and that a law may pass authorising the same to be sold leaving the rights of the numerous claimants to be decided in a regular judicial manner.

James Madison
Wm. Madison
Susana Madison, Widow of Francis Madison and natural guardian to six younger
children who are minors under the age of Twenty one years
To Wit
Catlett
Polly
Conway
Nelly
Catharine
Frances
James Madison, (Son of Francis[)]
William Madison (Son of Francis[)]

   Ms (Vi: Legislative Petitions, Madison County, 1795–1825). In the hand of Robert Taylor, signed by JM, William Madison, and Susana Madison. Docketed on verso, “Madisons peto: Rejected Decr. 23. 1801.” Conjectural date assigned on the basis of JM’s 3 Oct. 1801 letter to Jefferson regarding the sale of his father’s personal property and on the assumption that JM signed the petition before leaving for Washington on 8 or 9 Oct. The petition was submitted to the General Assembly on 7 Dec. (JHDVJournal of the House of Delegates of the Commonwealth of Virginia, Begun and Held at the Capitol, in the City of Richmond. Volumes in this series are designated by the month in which the session began., Dec. 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—). 3474], pp. 36–37).


Title: To James Madison from William Lee, 3 October 1801 (Abstract)
From: Lee, William
To: Madison, James

3 October 1801, Bordeaux. Recent accounts leave no doubt that peace between France and Great Britain either is already concluded or will be soon. Encloses copies of two letters from a Paris banking house to friends of Lee’s in Bordeaux and quotes from two other letters he has received from Paris—the first, dated 24 Sept., mentioning that negotiations are “going on with great activity” and the other, of 29 Sept., reporting that “the preliminaries are certainly signed” and describing purported terms. Adds in a 4 Oct. postscript that nothing “more decisive” has arrived.

   RC and enclosures (DNA: RG 59, CD, Bordeaux, vol. 1). RC 2 pp.; in a clerk’s hand, except for Lee’s signature and postscript. The enclosed letters (3 pp., in French; docketed by Wagner) of 26 and 28 Sept. from Rougemont & Cie. of Paris to Messrs. Perrot and Binaud predict peace and suggest that preparations be made to take prompt advantage of the restoration of trade.

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


Title: To James Madison from Thomas Bulkeley, 4 October 1801 (Abstract)
From: Bulkeley, Thomas
To: Madison, James

4 October 1801, Lisbon. Delay in departure of brig Neptune gives him the opportunity to announce that the peace treaty between France and Portugal was concluded on 30 Sept. at Madrid. An express brought the news to Lisbon on 3 Oct., and letters from Spain confirm it.

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

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


Title: To James Madison from William Eaton, 4 October 1801 (Abstract)
From: Eaton, William
To: Madison, James

4 October 1801, “On board the Philada., road of Tunis.” Comments that although the U.S. squadron has not had all the success it seemed to promise, it has done much good by preventing “any of our citizens falling into chains” and showing the Tripolitans “a very flattering specimen of the harvest they may reap” in a war with the U.S. Tripolitan admiral and crew would certainly have been taken had they not been aided by the British. Suggests that the protection afforded Tripolitans at sea by British reinforces argument for attacking their capital. Reports that Tunis is quiet and notes not having heard from U.S. government since 20 May.

   Letterbook copy (CSmH). 1 p.


Title: To James Madison from George W. Erving, 4 October 1801 (Abstract)
From: Erving, George W.
To: Madison, James

4 October 1801, London. Reports that on 2 Oct. Great Britain and France announced signing of peace preliminaries. Believes news of French surrender at Alexandria hastened this event. Relates unconfirmed rumor that the preliminaries provide for a French guarantee of the integrity of the Turkish Empire (which must include the surrender of Egypt) and also for the security of the Kingdom of Naples. The equivalent British concessions remain secret; suspects that if they were honorable to the nation or bore “any similitude to the very high pretensions with which the English commenced the negotiation (which I have heard was the giving up of Belgium by the French),” they would have been more widely known by now. Remarks that “certain people … who may be supposed to know what is going on … appear very much chagrined at this Event.” Observes further that these preliminaries, as others have done before, may signal not peace but merely a shift in alliances as the prelude to a new war. The British public is joyous, assuming that peace has already been concluded. The value of the public stocks, the “omniums,” is rising and will doubtless make “many large fortunes.”
Reports that Liston has not been sent to Constantinople as was announced in the U.S. and that he desires to be sent to America but his conduct in America was thought to have been “too mild & conciliatory.” Doubts that Great Britain will send another minister out immediately. American affairs are considered “least urgent.” Fears that the present situation will delay Rufus King’s negotiations, which may well be “adjourned sine die, even tho’ all the leading points of any difficulty seem to have been determined upon.” Notes in a postscript that he expects his exequatur to be delivered 5 Oct. and mentions further rumors that Great Britain has given up everything in the peace except Trinidad and Ceylon. The cape [of Good Hope] will be made a free port; thus Great Britain’s acquisitions have cost four years of “calamitous war” and £290 million.

   RC (MHi: Erving Papers). 4 pp.; marked private.


Title: To James Madison from Rufus King, 4 October 1801 (Abstract)
From: King, Rufus
To: Madison, James

4 October 1801, London. No. 37. Had expected to close negotiations on article 6 of the Jay treaty in time to forward result via Dawson, who is on the point of embarkation, but they are not yet concluded. Transmits instead a report of activities since his dispatch no. 32 [24 Aug.]. Will not agree to any variations on or enlargements of the [1783] treaty of peace as this would only “lay the foundation of a future controversy.”

   RC and enclosure (DNA: RG 59, DD, Great Britain, vol. 9); letterbook copy and copy of enclosure (NHi: Rufus King Papers, vol. 54). RC 1 p. Enclosure 31 pp. RC and enclosure printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:420–24.

   King’s report detailed his contacts with the British government from 19 Aug. to 2 Oct. and included both his own and the British drafts of a convention settling the issues. In his entry for 2 Oct. King wrote that he expressed to Lord Hawkesbury “pretty strongly [his] impatience at the delays which had taken place,” and he concluded that “little attention has been bestowed upon our affairs; the negotiation with France having excluded the Consideration of all other Subjects.”


Title: To James Madison from Spencer Roane, 4 October 1801 (Abstract)
From: Roane, Spencer
To: Madison, James

4 October 1801, Spring Garden, Hanover. Recommends Laurence Muse, customs collector at the port of Tappahannock, for the same post at Norfolk, where Muse has heard there will probably be a vacancy.

   RC (owned by Walter N. Eastburn, East Orange, N.J., 1961). 2 pp.

   Muse never received the appointment. Incumbent William Davies resigned for reasons of health in 1804 and was replaced by Wilson Cary Nicholas (Norfolk Gazette and Publick Ledger, 20 Oct. 1804; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:471).


Title: To James Madison from Thomas Doughty, 5 October 1801 (Abstract)
From: Doughty, Thomas
To: Madison, James

5 October 1801, Philadelphia. Has received Wagner’s letter of 22 Sept. informing him that JM will order the compensation money paid by the Dutch government for the Wilmington Packet to be drawn to the U.S. Asks to be advised what the amount is in dollars after the exchange is completed. Leaves the decision on “investing the amount in some productive fund” to JM. In a postscript, asks that further communications be sent to him at Charleston, South Carolina.

   RC (DNA: RG 76, Netherlands, Misc. Claims, ca. 1793–1847). 1 p.; docketed by Wagner as received 8 Oct.


Title: To James Madison from David Fay, 6 October 1801 (Abstract)
From: Fay, David
To: Madison, James

6 October 1801, Bennington. Encloses information from the docket of the circuit court, classified by nature, disposition, and term, as requested on 2 June. Will be happy to provide further information if necessary.

   RC and enclosure (DNA: RG 59, ML). RC 1 p. Enclosure (93 pp.) is a list in three parts of circuit court cases for the Vermont district. An abstract of the list is printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Misc., 1:322. David Fay served as district attorney for Vermont until his appointment to the Supreme Court of that state in 1809 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:403; E. P. Walton, ed., Records of the Governor and Council of the State of Vermont [8 vols.; Montpelier, Vt., 1873–80], 5:248–50).


Title: Promissory Note to Isaac Hite, 7 October 1801 (Abstract)
From: Madison, James
To: Hite, Isaac

7 October 1801. JM promises to pay Hite “five hundred dollars, for value received.”

   Ms (Madison County, Virginia, Circuit Court Records). 1 p. In JM’s hand. Witnessed by JM’s niece Nelly C. Madison. Cover docketed by Hite, “James Madison to Isaac Hite note for £150.”


Title: To James Madison from Sylvanus Bourne, 7 October 1801 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

7 October 1801, Amsterdam. Reports that, contrary to general expectation, peace preliminaries between France and Great Britain were signed at London on 2 Oct.; terms are still unknown. Declares event will “produce a marked & most material change in the political & commercial Worlds, & its consequences on the future destinies of Europe cannot yet be traced.” Encloses letter to Jefferson on regulation of income for consuls. States that peace will reduce his income by “three quarters” and asks whether the importance of his office, as “the only representation of our Country to this,” does not merit a guaranteed annual income. Adds in postscript that arrangements for the new plan of government in Holland are not yet complete.

   RC and enclosure (DNA: RG 59, CD, Amsterdam, vol. 1). RC 2 pp. Enclosure (2 pp.) is Bourne to Jefferson, 7 Oct. 1801, requesting an annual compensation of $2,000 to $2,500 toward which consular fees collected would be credited.

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


Title: To James Madison from William C. C. Claiborne, 7 October 1801 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

7 October 1801, Nashville. Plans to depart for the Mississippi Territory on 8 Oct. Reports that the territorial assembly was convened by Secretary John Steele on 20 July. It conducted little business during a five-week session and what it did remains incomplete without gubernatorial sanction. Steele is reported ill; his life is despaired of. Quotes a passage from a 3 Sept. letter received from territorial judge Seth Lewis reporting the belief there that Spain has agreed to give up Louisiana to France. Observes that the same rumor has circulated in Tennessee for several months and is widely believed.

   Letterbook copy (Ms-Ar: Claiborne Executive Journal). 1 p. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:8–9.


Title: To James Madison from David Humphreys, 7 October 1801 (Abstract)
From: Humphreys, David
To: Madison, James

7 October 1801, Madrid. No. 289. Forwards dispatches sent to Smith at Lisbon from consuls in Barbary States, which Smith before his departure had arranged for Humphreys to receive. In addition, encloses translation of letter from captain of Swedish frigate Thetis to the Swedish chargé at Madrid advising him of royal orders to join with Americans against Tripoli. Has learned from Patrick Mullony, consular agent at Algeciras, that Dale wrote to the Spanish general at San Roque asking why the Philadelphia had been denied permission to resupply there and complaining that “Spanish Gun-boats” have been allowed to seize American vessels in the area. Will send by the next opportunity his own protest to Spanish government on the same subject along with other correspondence. Reports outbreak of fever in Medina-Sidonia and resulting alarm at surrounding seaports. Conveys under separate cover French gazettes with articles on election of bishop of Münster and suspension of Batavian legislature. In postscript of 9 Oct., observes that French and Spanish pressure has induced Prussia to recognize the new king of Etruria.

   RC and enclosure (DNA: RG 59, DD, Spain, vol. 5). RC 4 pp.; marked duplicate; docketed by Wagner. Enclosure is a copy of Lt. Col. Carl Gustaf Tornquist to Swedish chargé Carl Gustaf von Adlerberg, 10 Sept. 1801 (1 p.; in French; docketed by Wagner as received in Humphreys’s no. 289).


Title: To James Madison from James Maury, 7 October 1801 (Abstract)
From: Maury, James
To: Madison, James

7 October 1801, Liverpool. Market stagnation following announcement of peace preliminaries has made it impossible to send a price current. Encloses newspapers.

   RC (DLC). 1 p.; in a clerk’s hand, signed by Maury.


Title: To James Madison from Alexander Shepherd, 8 October 1801
From: Shepherd, Alexander
To: Madison, James

Dr. sir
at Mrs. Madisons 8th. Octobr. 1801
Our connection James Madisons Jr. informed me that he had thoughts of commencg Business this fall & appears to be at a loss to Know where to settle. I have give It as my Opinion that Stevensbg would be a good Stand for Vendg Goods provided there is a good Assortment Kept up. I have founded my Opinion fm this circumstance. Stevensbg is fixed in a Wealthy Neighbourhood and not one tolerable Store Kept there. I have had some conversation with one or two Gentn. in the Neighbourhood & they concur with me in Opinion. My respects to Mrs. Madison and I am Dr. sr. Yr. Obt. St
Alexr. Shepherd

   RC (DLC).


Title: To James Madison from Sylvanus Bourne, 9 October 1801 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

9 October 1801, Amsterdam. Confirms signing of the peace preliminaries between France and Great Britain; will send terms when available. Refers to his last letter where he mentioned that peace would decrease his consular fees; believes his income will be less than $500 per annum. Had suggested that consul be paid $2,000 per year and consular fees be credited against that sum. Now proposes that consul be allowed $1,000 to $1,500 from the treasury and depend on fees for the remainder, as his previous suggestion would necessitate periodic returns to Treasury Department. Stresses that consul cannot live on less than $2,000 in Amsterdam. Asks that JM’s reply, both original and duplicates, be sent in care of William Taylor of Baltimore.

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 3 pp.

   William Taylor was a Baltimore merchant (Francis F. Beirne, The Amiable Baltimoreans [New York, 1951], p. 222).

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


Title: To James Madison from Thomas Bulkeley, 9 October 1801 (Abstract)
From: Bulkeley, Thomas
To: Madison, James

9 October 1801, Lisbon. Appends a copy of a circular from the U.S. consul at Leghorn forwarded by the consul at Barcelona. Copies will be sent to Tangier and Gibraltar. Hopes this will overtake the Neptune as it sails; if not, will send it by next conveyance. Report of peace between Portugal and France “gains credit and seems beyond a doubt certain.”

   RC (DNA: RG 59, CD, Lisbon, vol. 1). 2 pp.; docketed by Wagner. First page written at the bottom of a copy of Cathcart’s 11 Sept. circular (see Cathcart to JM, 27 Sept. 1801, n.).

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


Title: To James Madison from Robert R. Livingston, 9 October 1801 (Abstract)
From: Livingston, Robert R.
To: Madison, James

9 October 1801, New York. In accordance with his letter of “yesterday & this day,” has drawn on JM for $9,000 in favor of David Gelston, who advanced the money for his outfit.

   RC (DNA: RG 59, DD, France, vol. 8). 1 p.; docketed by Wagner as received 13 Oct.


Title: To James Madison from William Savage, 9 October 1801 (Abstract)
From: Savage, William
To: Madison, James

9 October 1801, Kingston, Jamaica. Acknowledges JM’s letters of 21 and 22 July; will attend to cases of William Dyer and George McKinney. Encloses list of 381 seamen impressed since his becoming agent, which is as detailed as possible, but points out that in many cases he does not know the British ships on which the men are detained. Notes that he has also been instrumental in liberating additional hundreds of seamen captured by press gangs. Comments that a great number of American-born seamen have arrived ill in Kingston from Africa after having embarked at Liverpool. Reports that “in many Instances flour from America has been shipt to this Country short of weight & of a different quality from what the brand sets forth”; encloses certificates of several persons attesting to short weight of barrels of Hanover Town brand from Virginia. Should practice continue it will lead to each barrel’s being weighed on arrival, the expense of which will be considerable as fifty thousand barrels are imported per annum. Observes that Jamaica could be market for twenty thousand barrels per year of American beef but “what hitherto has been landed will not keep,” the result of cattle being killed so late in the year that frozen meat does not absorb salt; insufficient salt and niter are generally used by packers.

   RC and second enclosure (DNA: RG 59, CD, Kingston, Jamaica, vol. 1). RC 3 pp.; preceded by Savage’s copies of his 15 Sept. and 1 Oct. letters to JM; docketed by Wagner as received 7 Jan. 1802. Second enclosure (2 pp.) consists of two affidavits attesting to weight of flour and Savage’s statement of its origin. The enclosed list of seamen (docketed by Wagner as received in Savage’s 9 Oct. letter) is filed in DNA: RG 59, Records of Impressed Seamen, 1794–1815, Misc. Lists and Papers. Savage’s comments on beef exports to Jamaica were published in the National Intelligencer, 8 Jan. 1802, where the letter was misdated 9 Dec. 1801. See also JM to Monroe, 2 Jan. 1802, and n. 1.

   See PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:164–65 n. 2, 453.

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


Title: To James Madison from Thomas FitzSimons, 10 October 1801
From: FitzSimons, Thomas
To: Madison, James

Sir,
Philadelphia 10 Octr 1801.
I have the Honor to send herewith a Memorial from the Chamber of Commerce of this City on the subject of Spanish Captures together With four letters, received by the Owners of the Captured vessels, which I pray the favor of you to lay before the President of the United States.
The Business to which they relate has occasioned a very strong sensation in the minds of the Merchants of this City. The property they have at risk is very great, and their Information respecting its Insecurity alarming. If Gibraltar is to be considered in a State of Blockade, and American vessels directed to call there are on that account subject to Capture and Condemnation, there is reason to fear that most of those which were intended for the Mediterranean are in that Predicament. They have generally been directed to call at that Port either to benefit of Convoy—or to learn the State of the Markets in the Ports to which they were destined. And as Algeziras is so situated that few vessels can go in or out of Gibraltar without being seen from thence, it is hardly possible to escape the vigilance of their Cruizers.
What the Conduct of the Spanish Tribunals (with respect to captures of this kind) may be, can only be conjectured—as no ultimate decisions had taken place in the Cases immediately referred to. If we are to Judge from the Information received and their Conduct on former occasions, the prospect is sufficiently discouraging: where the property has been of small value, it has sometimes been released after long detention and considerable expense—but as yet we know no Instance of Restitution where the value was great nor for what has been plundered by the Captors.
The alarm created by these Captures is not confined to Philadelphia. A letter from the Insurance Companies of Baltimore to the President of the Insurance Company of North America has already been received, proposing a Joint Representation to the President of the United States on this subject, and there is no doubt but like measures will be pursued by the other trading towns.
It is hoped that the representation now made will be thought of sufficient weight to engage the immediate attention of the President—and that such measures will be adopted as the nature and Circumstances of the case require. As other Information on this subject is received it will be communicated to Government, and when any measures are determined on by the President proper for the Merchants to know, a Communication of them will be thankfully received. In the mean time I am with great Respect Sir, your Mo: humble servant,
(signed)   Thomas Fitzsimmons,
Prest Chamber Commerce, Phila.

   Tr and Tr of enclosures (DNA: RG 233, President’s Messages, 7A-D1). Sent as enclosures in JM to Jefferson, 18 Apr. 1802, and transmitted by Jefferson to the House of Representatives on 20 Apr. 1802 (see ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:440–43). For enclosures, see n. 1.

   The memorial from the Philadelphia Chamber of Commerce to Jefferson, 10 Oct. 1801, and the four letters from shipowners are printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:441–43.

   Gibraltar was nominally blockaded in the fall of 1801, and American ships heading there, often at the direction of the American government, were seized by French and Spanish forces from the nearby port of Algeciras. The situation was strongly condemned by the Philadelphia Federalist press, leading Republican editor William Duane to assert in the Aurora that the attacks were being blown out of proportion by British agents anxious for an American war with Spain. Duane pointed out that Humphreys had long ago notified Americans of the existence of the blockade, which the captures proved an effectual one. “British merchants,” he concluded, “may supply Gibraltar at their own risk—⟨it is⟩ no business of ours” (Philadelphia Gazette, 6, 8, and 20 Oct. 1801; Philadelphia Aurora General Advertiser, 21 Oct. 1801).

   JM’s reply has not been found, but Poulson’s American Daily Advertiser reported on 22 Oct. 1801: “We understand that the Chamber of Commerce … have received from the office of State, official intimation, that the interests of the United States, thus suffering, will engage the immediate attention of the President—that he will order without delay the proper representations and demands to be made to the Spanish government; and will take into consideration, with the solicitude due to the object, how far any other measures, within the authority of the Executive, may contribute to arrest the progress of so serious and so unwarrantable an aggression on the lawful pursuits of our commerce.” See also JM to Charles Pinckney, 25 Oct. 1801, and n. 1.


Title: To James Madison from Robert R. Livingston, 10 October 1801 (Abstract)
From: Livingston, Robert R.
To: Madison, James

10 October 1801, New York. Reports Boston “got off the rocks last night” undamaged and will be ready to sail by Tuesday [13 Oct.]. In postscript, states that accounts from France confirm British capture of Cairo; believes Alexandria will follow. Notes that yellow fever in city has ceased.

   RC (DNA: RG 59, DD, France, vol. 8). 1 p.; docketed by Wagner. The Boston finally sailed on 15 Oct. (N.Y. Spectator, 17 Oct. 1801).


Title: To James Madison from Charles Pettit, 10 October 1801 (Abstract)
From: Pettit, Charles
To: Madison, James

10 October 1801, Philadelphia. Writes as president of an incorporated insurance company to complain of Spanish attacks on American shipping. Notes abatement of abuses by Great Britain and France; it is therefore improbable that the latter instigated these seizures. Sole ground seems to be “the idle pretence of holding Gibraltar in a State of Blockade by a few paltry Privateers.” This is not a basis for capturing American ships bound for Spanish ports or ports of Mediterranean countries friendly with Spain. All such ships pass near Gibraltar and often stop there for information or convoy. Concludes that depredations were committed by marauders without assent or knowledge of Spanish government and hopes “they will be suppressed and restitution awarded on application from the United States.”

   RC (DNA: RG 76, Spain, Treaty of 1819, Misc. Records, ca. 1801–24); Tr (DNA: RG 233, President’s Messages, 7A-D1). RC 2 pp. Tr sent as enclosure in JM to Jefferson, 18 Apr. 1802, and transmitted by Jefferson to the House of Representatives on 20 Apr. 1802. Printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:440.

   JM had known Revolutionary patriot and Philadelphia merchant Charles Pettit while serving in the Continental Congress in the 1780s. Pettit had been a member of the Continental Congress between 1785 and 1787 (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)., 3:260 n. 8).


Title: To James Madison from Elias Vander Horst, 10 October 1801 (Abstract)
From: Vanderhorst, Elias
To: Madison, James

10 October 1801, Bristol. Reports that, contrary to the information given in his last dispatch, the Cape of Good Hope will be returned to the Dutch but Cape Town will become a free port. Trinidad will be ceded to Great Britain. Encloses newspapers with other peace terms and a London price current. Also encloses a letter from Lynch on the subject Vander Horst earlier wrote to JM about; hopes Lynch’s application succeeds. Has not yet obtained anything for the Charleston firm of Smiths, DeSaussure, and Darrell for their four casks of indigo seized by a French privateer in 1793; has received no word from American representatives in Paris on the matter in six years. Refers JM to his previous correspondence with Jefferson and Wagner and requests him to instruct minister at Paris to proceed with the case.

   RC (DNA: RG 59, CD, Bristol, vol. 2). 2 pp.; docketed by Wagner. Enclosures not found.

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


Title: To James Madison from James Monroe, 11 October 1801
From: Monroe, James
To: Madison, James

Letter not found. 11 October 1801. Acknowledged in JM to Monroe, 24 Oct. 1801. Encloses letter for Robert R. Livingston.


Title: From James Madison to William Eaton, 12 October 1801
From: Madison, James
To: Eaton, William

Sir
Department of State: Washington, 12 Octr. 1801.
Capt. Jercovich of the Ragusan Brigantine Benevenuto having executed a release of his charter-party, I enclose a certified copy of the instrument for your information. I have delivered to him on your behalf a mutual release. The money paid to him on account of this transaction has been duly charged against you in the Treasury books. I am very respectfully, sir, Your most obed. servt.
James Madison

   RC (TxU); letterbook copy (DNA: RG 59, IC, vol. 1). RC in Wagner’s hand, signed by JM; docketed by Eaton as received 29 May 1802. Enclosure not found.


Title: To James Madison from Edward Thornton, 12 October 1801
From: Thornton, Edward
To: Madison, James

Sir,
Philadelphia 12th October 1801.
A small British Sloop from Antigua was some weeks ago brought into this port by a French letter of marque from the Island of Porto Rico. But as you were at that time absent from the seat of Government, and as I found that Mr Latimer the Collector of the Customs for Philadelphia had very properly undertaken, in conformity to the principle laid down in the case of the Spanish letter of marque, to order the immediate departure of the prize, I was unwilling to trouble you for a formal repetition of these orders.
At the time of the entry of this vessel, I was also informed that the cargo belonged in great measure to native American Citizens; but as the execution of the Treaty of 1794 was the only circumstance in which my interposition could be with propriety applied, it was not for me to suggest any mode of relief to these persons, and no application was addressed to me in their behalf.
It is only about an hour ago that I learnt from Mr Hancock a native citizen of Petersburgh in Virginia who is interested considerably in the cargo, that he has made such terms with the captors as to be enabled to recover his property without great loss, and that there will be a permission granted by the Government of the United States for the landing of that part of the cargo, provided no objection shall be made on my part.
I do myself therefore the honour of informing you, Sir, that in the single instance before me, however productive this conduct may be of some advantage to the French captors while it benefits the American owner, I would render myself responsible to my superiors for relaxing in a small degree the strict principles of the Treaty of Amity; and it only remains for me to request, that as soon as such property belonging bonâ fide to real American Citizens shall be landed, the vessel with the remainder of her cargo may be ordered to sea in conformity to the stipulations of that instrument. I have the honour to be with perfect truth and respect, Sir Your most obedient humble servant,
Edwd Thornton.

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

   The vessel was the Harmony (see Gallatin to JM, 15 Oct. 1801).


Title: To James Madison from Sylvanus Bourne, 12 October 1801 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

12 October 1801, Amsterdam. Repeats request that JM reply at the earliest opportunity to his inquiry about salary, transmitting reply through William Taylor of Baltimore.

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

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


Title: To James Madison from James C. Mountflorence, 12 October 1801 (Abstract)
From: Mountflorence, James C.
To: Madison, James

12 October 1801, Paris. Reports that on 8 Oct. he delivered books and papers of consulate general to Skipwith. Encloses copy of office inventory and his account of expenses in keeping the office, amounting to $275.44. Lacking commission and therefore exequatur, he could not receive ordinary consular fees. Recounts his services, as the only U.S. agent in Paris, to other U.S. agents and to distressed seamen. Believes U.S. government is too just not to reimburse him for his expenses in these activities. Requests that his two and a half years of service be rewarded by granting him appointment as vice commercial agent in Paris.

   RC and enclosure (DNA: RG 59, CD, Paris, vol. 1). RC 3 pp. Enclosure (2 pp.) is an “Inventory of the Books and papers belonging to the Ex-Consulate General’s Office,” 8 Oct. 1801, signed by Mountflorence and Skipwith. Statement of accounts not found.

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


Title: To James Madison from Fulwar Skipwith, 12 October 1801 (Abstract)
From: Skipwith, Fulwar
To: Madison, James

12 October 1801, Paris. Acknowledges receipt on 28 Sept. of JM’s 9 June letter with commission appointing him commercial agent for Paris. Encloses required bond with two sureties.

   RC (DNA: RG 59, CD, Paris, vol. 1). 1 p. Enclosure not found.

   JM to Skipwith, 9 June 1801 (DLC: Causten-Pickett Papers).

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


Title: To James Madison from Thomas Sumter, Jr., 12 October 1801 (Abstract)
From: Sumter, Thomas
To: Madison, James

12 October 1801, New York. Reports that the Boston seems undamaged but actual state cannot be known “untill she meets with weather that may distress her.” Encloses “some papers of consequence, for my Father” and asks JM to “keep them & put them into his hands, when he shall arrive at Washington.” Has drawn on JM in favor of the port collector for $650—the balance of his annual salary. To avoid yellow fever, which is still spreading in the city, he will go on board “this evening or tomorrow Morning” to wait for Wednesday sailing.

   RC (DNA: RG 59, Letters Received from London Bankers, Fugitive Items). 2 pp.; docketed by Wagner as received 16 Oct.


Title: To James Madison from Alexander Kerr, ca. 13 October 1801 (Abstract)
From: Kerr, Alexander
To: Madison, James

Ca. 13 October 1801. Encloses a letter received the previous day from Duvall and requests that JM mention Kerr to Jefferson for appointment as one of the “Magistrates … in the City, in room of some who have not qualified.” Kerr is “at present assisting Mr. Munroe in the Post Office until something may offer.”

   RC and enclosure (DNA: RG 59, LAR, 1801–9, filed under “Kerr”). RC 1 p.; undated; docketed by Jefferson, “to be a Justice for Columbia.” The enclosed 10 Oct. letter from Gabriel Duvall to Kerr (3 pp.) expressed his willingness to write a general recommendation but declined addressing one to Jefferson on the grounds that his acquaintance with the president was too slight. Kerr, who was the brother-in-law of Washington postmaster Thomas Munroe, had been asking JM for an appointment for several months (Worthington C. Ford, ed., “Diary of Mrs. William Thornton, 1800–1863,” Records of the Columbia Historical Society, 10 [1907]: 124; PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (2 vols. to date; Charlottesville, Va., 1984—)., 1:187 n. 1; PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:17–18, 69–70, 220).


Title: From James Madison to Caesar A. Rodney, 14 October 1801
From: Madison, James
To: Rodney, Caesar A.

Dear SirWashington October 14. 1801
I am just favored with yours of the 5th. continued to the 10th. instant and thank you much for the information it gives. Although the success of your exertions has not equalled all your hopes, it shews that error is losing its hold on the public mind in Delaware as it certainly is in other places; and you have the pleasure of reflecting that the more of argument and explanation it may cost you to reclaim the misled, the more steadfast and durable will be the effect of your labours.

My health has been sensibly improved by my trip to the mountainous retreat to which I have been habituated. I hope yours has not suffered during the Season most trying to the Constitution every where, and particularly in the neighbourhood of Tide waters.
Be so good as to return my best wishes & respects to your father, and to accept the respectful regard with which I am Dear Sir Your Obedt. hble servt.
James Madison

   Printed facsimile (Joseph M. Maddalena, Profiles in History: Catalog 5 [Beverly Hills, Calif., 1988], item 15).


Title: To James Madison from Ambrose Coleman, 15 October 1801
From: Coleman, Ambrose
To: Madison, James

Dear SirOctober 15th. 1801
I hope you will excuse my Assurance in Troubling you with these lines But necessity will compel a person to do that he is ashamed of. I do inform you there was a store kept at our Courthouse before the war and when the British Merchts. were ordered out of this state or take the oat[h] to Join use; the Merchant Made himself very busy Amongst his Customers and took every bond he could get, and then took his books & papers and carried them all to Scotland and they were never hern of till this Summer and then every bond Sued without the Least Notice I was indebted £8.17:9 and Never heard the least sentence of it till the Sheriff Came to my house with a Writ. I have been twice at Fredericksburg with Tobo. each time with a desire to discharge the bond but could hear nothing only as a bove—we have had a poor Crop year with us and I am not Able to discharge it without selling something that I can Illey spare I got the best Advise I could get and to save Expence I confessed Judgment Staying Till our March Court on paying Seventeen Years Interest—which is very hard on me as I was both willing and Able to discharge it but could get no one to Receive it and now both my wife & Self are Quite Cripples and one Not Able to help the other as Mr. Camp can i[n]form you. The grate favour I have to beg of you if you please to be so much my friend as to inform my Brother by a line how my wife and self is and that I would be very thankfull for his Assistance in discharging this Unexpected debt. My brother has been so good as to Assist me these Many Years past by the Assistance of my good & Great deceast frie[n]d your Dear parent and would Again was he as Usial, I have Never hearn one Sentance from my Brother since his death—therefore it Imboldens me to beg this great favour of you to inform him how we are & how thankfull I should be for his favours—as I am Sertain no man Now on earth could prevail on him so soon as yourself—my wife Join me With our greatest Respect to you & your Lady & do Remain Dr. Sir your Affectionate & Sincear well wisher till death—
Ambrose Coleman
NB. My brother if he pleases may have Opertunities by the way of the Assembly. I am afraid I shall be Oblige to sell a Negro & it will All but Ruen me for that small debt.

   RC (DLC). Cover marked by Coleman, “Hond. by Mr. Camp.” Docketed by JM.

   Members of the Coleman family were scattered throughout Orange and Caroline counties and had long had contacts with the Madisons. In 1732 a James Coleman was named a legatee in the will of Ambrose Madison, while Orange County resident James Coleman had handled some financial affairs for JM’s father in 1786. Daniel Coleman, probably the brother mentioned here, served as Caroline County representative in the Virginia House of Delegates from 1800 to 1815 (Wingfield, History of Caroline County, Virginia, pp. 417–18; 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)., 10:447; Swem and Williams, RegisterEarl G. Swem and John W. Williams, eds., A Register of the General Assembly of Virginia, 1776–1918, and of the Constitutional Conventions (Richmond, 1918)., pp. 55, 266).

   Ambrose Coleman’s southern Orange County plantation had served as a landmark in the 1761 clarification of the boundary line between Albemarle and Louisa counties (William Waller Hening, ed., The Statutes at Large; Being a Collection of All the Laws of Virginia, from the First Session of the Legislature, in the Year 1619 [13 vols.; Richmond and Philadelphia, 1819–23], 7:420).


Title: To James Madison from Albert Gallatin, 15 October 1801
From: Gallatin, Albert
To: Madison, James

SirCity of Washington 15th Octr. 1801
I have the honor to enclose a letter this moment received from Mr Latimer on the subject of Mr Hancock’s application in relation to part of the cargo of the prize vessel “Harmony” brought in Philadelphia by a French letter of marque.
By direction of the President, I had written to the Collector that without pretending to decide on the application of treaties to this specific case, he might admit to an entry such part of the cargo owned by Mr Hancock an american citizen as the captors were willing to restore, provided the British Consul made no objection to it.
From the tenor of that letter, considering what passed between Mr Thornton & Mr Latimer, I think he (Mr Latimer) would have been justifiable in suffering Mr Hancock’s property to be restored, as the Consul having in a verbal manner consented to it provided it was not drawn into a precedent, this mode was the most eligible for ourselves, because the question not having been critically examined, it was best that the restoration should take place in that informal way, without a positive admission on our part that the consent of the British Consul was essentially necessary.
It appears by Mr Latimer’s letter that Mr Thornton intended writing to you & the nature of his letter may assist in forming a decision on the most correct mode of proceeding.
If the President should be of opinion that the case ought to be decided upon such principles as will hereafter be adopted in similar cases, it will undoubtedly require some deliberation: but, to adopt that course will eventually deprive Mr Hancock in this case of any hope of restoration, as the vessel will probably have sailed, before a determination shall have been taken & the result transmitted.
Should it appear most eligible, on that account, to give an immediate decision, without making it a precedent for future cases, I may write to Mr Latimer that considering his conversation with Mr Thornton as sufficient evidence that this gentleman has no objection to a restoration in this case, he may admit the property to an entry. I have the honor to be with great respect Sir Your most obt. Servt.
Albert Gallatin

   RC (DLC: Gallatin Papers). Enclosure not found.

   Gallatin had written to Philadelphia port collector George Latimer on 7 Oct. regarding the disposition of Hancock’s property (Gallatin to Jefferson, 8 Oct. 1801, reproduced in Papers of Gallatin [microfilm ed.], reel 5).

   See Edward Thornton to JM, 12 Oct. 1801.

   Jefferson had stated his concern that the handling of this case would establish a precedent for future cases of the type and consequently much care would have to be taken with it. He preferred to see it handled as a private matter if the British consul had no objection; should he object, then Jefferson would prefer that the courts decide the matter. Gallatin’s prediction about the cost of the delay to Hancock proved to be accurate (Jefferson to Gallatin, 9 Oct. 1801, ibid., reel 5; Gallatin to JM, 24 Oct. 1801, and n.).

   Gallatin wrote to Latimer on 15 Oct. that Jefferson had instructed him to allow Hancock’s portion of the cargo to be landed and delivered as American property (reproduced in Papers of Gallatin [microfilm ed.], reel 5).


Title: To James Madison from William G. Hubbel, 15 October 1801 (Abstract)
From: Hubbel, William G.
To: Madison, James

15 October 1801, Hudson. Encloses a letter [not found] from his brother, which he believes shows that his brother did not receive the king’s bounty. Protests the injustice of his brother’s having been detained for four or five years on a British frigate. Also encloses letters from Savage acknowledging receipt of the proof of his brother’s “nativity & Citizenship.” Believes that “a little exertion on the part of the Agent at Kingston” would obtain his brother’s release and asks that JM require Savage to obtain a hearing for his brother and inform him of any progress.

   RC and enclosures (DNA: RG 59, Letters Received regarding Impressed Seamen, box 5). RC 2 pp.; docketed by Wagner. Enclosures include a 23 Aug. 1800 letter from William Savage at Kingston, Jamaica, to Hubbel (1 p.), acknowledging receipt of documents confirming the birth and nationality of Ephraim Hubbel and reporting that an earlier investigation in London revealed he had received the king’s bounty; an 18 Nov. 1800 letter from Savage to Hubbel (1 p.), acknowledging his letter of 15 Oct. 1800 and informing him that another application on his brother’s behalf would serve no purpose; and a 16 Apr. 1801 letter from Savage to Hubbel (1 p.), acknowledging receipt of his letter of 23 Mar. 1801, repeating that Savage could do nothing more, and suggesting that Hubbel ask JM to obtain the British envoy’s intervention. For previous correspondence, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:326–27 and n. 1, 484–85.


Title: From James Madison to Walter Jones, ca. 15 October 1801
From: Madison, James
To: Jones, Walter

Letter not found. Ca. 15 October 1801. Acknowledged in Jones to JM, 31 Oct. 1801, and probably written after JM’s return to Washington on 11 Oct. Inquires as to whereabouts of slave Plato.


Title: To James Madison from James Monroe, 15 October 1801
From: Monroe, James
To: Madison, James

Letter not found. 15 October 1801, Richmond. Calendared in the lists probably made by Peter Force (DLC, series 7, container 2) as a two-page letter “recommending sund[r]y persons” and concerning “a sword for the heir of Gen. Campbell to be presented by Virginia.” Acknowledged in JM to Monroe, 24 Oct. 1801.


Title: To James Madison from Caspar Wistar, Jr., 15 October 1801
From: Wistar, Caspar
To: Madison, James

Letter not found. 15 October 1801. Calendared as a three-page letter in the lists probably made by Peter Force (DLC, series 7, container 2). Wistar, professor of chemistry at the University of Pennsylvania, was a vice president of the American Philosophical Society at the time.


Title: From James Madison to the Portuguese Minister of Foreign Affairs, 16 October 1801 (Abstract)
From: Madison, James
To: Mello e Castro, João de Almeida de

16 October 1801, Department of State, Washington. Transmits a letter of condolence from the president to the prince regent of Portugal on the death of the prince of Beira. Asks the Portuguese minister to present it since the American minister at Lisbon presumably has taken his leave.

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


Title: To James Madison from Tench Coxe, 17 October 1801
From: Coxe, Tench
To: Madison, James

SirPhilada. Octo. 17. 1801.
From a desire to cultivate the public interests and honor of the United States I prepared, soon after Mr Randolph’s resignation, the enclosed paper. It was candidly placed in the hands of Mr R’s successor. It will be perceived that it was studiously qualified so as to meet the prepossessions, some signal expressions of which Mr P. had suffered to escape him. It might be made a much stronger discussion. Tho it did no good then, the time may come when it may contribute to strengthen the hands of a negociator with Great Britain upon points touching our honor and interests. It is now of no use in my hands. I wish it may not go into your office, as it may injure me as I know it did in 1795. 6 & 7. You will excuse the ragged condition in which it is sent, as I have no one to copy it at present. I am, sir, yr. respecty. h. Servt.
Tench Coxe
The supporting papers in regard to the negroes were sent you in print since your appointment. They are under the signature of Juricola, and were addressed in 1795 to the President.

   RC and enclosure (DLC). RC docketed by JM, with his notation, “British Debts.” Enclosure 31 pp.; in a clerical hand, with several pages torn and with corrections and emendations supplied interlinearly by Coxe; dated August 1795 in the Index to the James Madison Papers and incorrectly attributed to JM in Gaillard Hunt, ed., The Writings of James Madison (9 vols.; New York, 1900–1910), 6:240–41 n. (see n. 1).

   In August 1795 Coxe had prepared “A Statement of the precise rights of Great Britain, resulting from the Article of the Treaty of peace which relates to private debts, intended to evince, that the United States really exceeded the measure of favorable treatment, which Justice to Great Britain, and the law of Nations, prescribed under the actual circumstances of the case.” He gave the paper to Timothy Pickering, who had recently succeeded Edmund Randolph as secretary of state, but Pickering returned it with the observation that he was less impressed with the force of Coxe’s arguments than Coxe was (Pickering to Coxe, 30 Sept. 1795, The Papers of Tench Coxe [PHi microfilm publication; Philadelphia, 1977], reel 63).

   In the summer of 1795, under the pseudonym “Juricola,” Coxe wrote four open letters critical of the Jay treaty, three of which upheld the property rights of slaveholders who had lost slaves to the British during the Revolution. Coxe had forwarded this material to Jefferson in 1795 but not to JM (Coxe to Jefferson, 30 Oct. 1795 [DLC: Jefferson Papers]; Coxe to Jefferson, 15 Mar. 1801 [DNA: RG 59, LAR, 1801–9]; see also 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)., 16:55).


Title: To James Madison from Rufus King, 17 October 1801 (Abstract)
From: King, Rufus
To: Madison, James

17 October 1801, London. No. 39. Encloses copies of correspondence with the Prussian chargé d’affaires and a letter about the complaints against the British frigate Diane.

   RC and enclosures (DNA: RG 59, DD, Great Britain, vol. 9); letterbook copy and copies of enclosures (NHi: Rufus King Papers, vol. 54). RC 1 p.; marked duplicate; in a clerk’s hand; docketed by Wagner as received 14 Jan. 1802. Enclosures are copies of a letter from Prussian chargé d’affaires in London Louis Balan to King, 13 Oct. 1801, requesting that the U.S. extend the period permitting drawbacks of duties on Silesian linen (2 pp., in French); King’s 15 Oct. reply stating that he would forward the request to his government (1 p.); and a letter from British secretary of the Admiralty Evan Nepean to King, 14 Oct. 1801 (1 p.), with enclosures (4 pp.) reporting the results of an investigation prompted by American complaints of improper conduct by a lieutenant of British vessel Diane when he boarded several American vessels in the Tagus River.

   For details on the Diane incident, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:466–67. Nepean sent King a copy of the report of Capt. Thomas Stephenson who denied the presence of pistols on the boarding boats because there were “no Pistols in or belonging to the Ship.” “Lieut. Beauchamp was not in the Boat that boarded the complainants.… The Gunner Commanded the Boat.” Everyone except the master of the Argus was “very civil.” Seaman Martin Freeman, taken on suspicion of being British, was released the next day. Nepean also included Sir Richard Bickerton’s 10 July letter to Lord Keith explaining his investigation and Keith’s 16 July letter to Nepean enclosing both of the above in reply to the inquiry of the lords commissioners of the Admiralty. Bickerton’s and Keith’s letters were sent from Egypt.


Title: To James Madison from Pierce Butler, 19 October 1801
From: Butler, Pierce
To: Madison, James

Dear Sir,Alexandria October 19th 1801
I will thank you to forward the letter that you have been troubled with for me, to the Bowling Green, to the care of Col Hooms.
I take the freedom of bringing to Your recol⟨lect⟩ion, once more, Freneau, who both you and myself know was sacrificed to the uncontrould pride of Others. I have not seen him for years neither has he ever applied to me, but I have long had him in remembrance his merits as a Printer of a Newspaper. Accept the assurances of my sincere esteem and regard—
(Signed)   P. Butler
It will be well to restore the printing of the Laws of Congress in N Carolina to the paper from which Pickering took it, that of M’Evers & Williams—Pickering gave the printing to a bad young man.

   Tr (PPPrHi).

   John Hoomes (d. 1805) of Bowling Green, Virginia, was an old schoolmate of JM’s who represented Caroline County in the Virginia House of Delegates from 1791 to 1795 and in the Senate from 1796 to 1803 (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)., 12:313 nn.).

   For Butler’s earlier recommendations of Philip Freneau to JM, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:258–59, 376–77.

   This was probably the copyist’s error for South Carolina.

   John E. McIver (or M’Iver) had published newspapers in Charleston, South Carolina, from 1785 until 1795. He became coproprietor of the Charleston City Gazette and the Carolina Gazette with his brother-in-law David R. Williams in January 1801 but died on 7 May 1801. Williams continued to publish the papers with Peter Freneau from January 1802 through 1803. As a Republican, Williams served in the U.S. House of Representatives from 1805 until 1809 and from 1811 to 1813 (N. Louise Bailey et al., eds., Biographical Directory of the South Carolina Senate, 1776–1985 [3 vols.; Columbia, S.C., 1986], 2:1002, 3:1730–31; Brigham, History and Bibliography of American Newspapers, 2:1024, 1026).

   State Department records for 2 July 1801 note that Benjamin Franklin Timothy was paid $110.50 for publishing the laws in the Charleston Federal Carolina Gazette (DNA: RG 59, DB, p. 109).