Title: To James Madison from William Lee, 22 July 1802 (Abstract)
From: Lee, William
To: Madison, James

22 July 1802, Bordeaux. Reports that since his last dispatch he has been “obliged to leave the Consulate for six weeks owing to the failure of John Fry Junr. of London with whom the House of Perrot & Lee were closely connected.” Hopes “the necessity of the case” will excuse his absence. Calls JM’s attention again to the distressing situation of American seamen at Bordeaux. For the last three months there have been over two hundred American sailors in his care; he has “supplied about Eighty of them every day with bread and ‘soupe economique.’” Had hoped to escape “being harassed by these though[t]less beings” by requiring every American ship that sails to the U.S. to take two sailors for every hundred tons of weight; “still from the many Vessels which are sold and by the great number of Men who collect here from Havre, Nantz, and all parts of France and Spain (for they even cross from the Mediterranean) the Office is continually surrounded with them.” Encloses a letter from the Bordeaux commissary of police on the subject [not found]. Refers to the enclosed semiannual return of ships from 1 Jan. to 30 June [not found] for a “more striking point of view [of] the situation of our Seamen here.” The figures show 399 sailors at Bordeaux who are “totally destitute of employment and without the means of subsistence.” Urges legislation to prevent owners and masters of vessels from discharging crews in foreign ports. “Almost every Sailor will consent to be discharged if the Captain will give him four or five dollars to spend on shore.” Has ordered that ship captains not discharge their men without his consent. “Most of the Masters (particularly those from New England) … discharge their Men just when they please, always taking care to get a receipt of the sailors, who from ill treatment, & confinement on board, while in port, & short allowance is willing to do any thing to get clear of his opressors.” Encloses a list of seventy-one sick and distressed seamen sent in the ship Jefferson, Captain Gross, to Baltimore [not found], for whom he put all needed provisions on board; an account of his disbursements for the voyage is also enclosed. “I should feel very thankful for a line from you on the subject of present and future advances. I have convers’d with Mr. Livingston on the business but he declines giving me any instructions.” Notes that many vessels arrive without bills of health, despite the Treasury Department circular of July 1801. Has received his commission. Encloses a copy of a letter from Charles Pinckney.

   RC and enclosures (DNA: RG 59, CD, Bordeaux, vol. 1). RC 6 pp.; docketed by Brent as received 16 Oct. For surviving enclosures, see nn.

   An account listing goods Lee supplied to the Jefferson for the voyage, totaling Fr 7,447.24, is dated 20 July 1802 (1 p.; in French).

   The letter from Pinckney to Lee, dated 10 July 1802 (1 p.), is a circular informing the latter of the declaration of war on the U.S. by the emperor of Morocco.

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


Title: To James Madison from Anthony Terry, 22 July 1802 (Abstract)
From: Terry, Anthony
To: Madison, James

22 July 1802, Cadiz. Reports that Yznardy arrived from Philadelphia on 20 July. “The Quaranteen to which American Vessels [are] here subjected & which Mr: Yznardy is now performing, imposes on me the unwelcome Duty of informing you of the Capture of the Brig Franklin of Philadelphia by a Tripolitan Corsair: the particulars … are contained in the inclosed Copy of a Letter from Mr: J: Gavino. … Permit me Sir, to suggest that according to the prevailing Opinion amongst the well informed here, the protection of our Commerce against the Ravages of these Pirates would be more efficaciously accomplished by light Brigs well mann’d & armed than by larger Vessels, which from their to great Draught of Water are incapable of approaching the Coasts within a sufficient degree of proximity.” Reports that the royal wedding of the prince of Asturias to the princess of Sicily, daughter of the king of Naples, and that of the prince of Naples and a Spanish infanta, will take place at Barcelona late in September. The court, foreign diplomats, and others, numbering about twelve thousand people, will leave Madrid on 12 Aug. “Vast preparations are makeing & an enormous expence will be incurred in this Celebration, while the long accumulating Arrearag⟨es⟩ of the Navy are to remain unpaid.”

   RC and enclosure (DNA: RG 59, CD, Cadiz, vol. 1). RC 3 pp.; docketed by Brent as received 3 Oct.

   Gavino’s letter to Terry, 12 July 1802 (1 p.), reported the capture of the Franklin and added that “probably one of our State Ships will shortly call off your Port in order that our trade may come out & go some distance with safety.”

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


Title: From James Madison to Rufus King, 23 July 1802
From: Madison, James
To: King, Rufus

Sir,
Department of State July 23d. 1802
Your three letters of May 3, 5 & 7 have been duly received.
On the subject of the first, to wit, the refusal of Byrd, Savage and Byrd to make an advance on your requisition in favour of Mr Lenox, I find on conferring with the Secretary of the Treasury, that the rule laid down by that Department for limitting their disbursements, has been misunderstood. The rule was not meant to interfere with the usual course of advances made with your sanction. Mr. Gallatin will write to Byrd, Savage and Byrd, if he has not already written, in order to rectify their misconstruction of his former letter on this subject.
The bill imposing a greater duty on British exports to America, than on like exports to other places, which is the subject of your letter of the 5th May, is regarded by the President in the same light in which your comments place it. It is impossible indeed not to see in it an infraction of the Treaty of 1794, which expressly prohibits such discriminations against the United States; and it may be fairly expected from the good sense and good faith of the British Government that the just and strong ground of complaint given by this regulation, will be removed on the earliest opportunity that can be found. This unjustifiable step, is the more remarkable, as it is so much at variance with the spirit of the British Government towards this Country, manifested in other instances; as it is so evidently and so utterly destitute of the plea for the convoy-discrimination, of which it is to take the place; and as it departs so widely from the ordinary policy of that Government, which systematically invites instead of taxing the demand of distant markets. The only explanation that can be given of this experiment is, that it is tempted by a peculiar incapacity ascribed to this Country, of rivalling the manufactures of Great Britain, and by the supposed security with which she may therefore levy an extra tribute on our consumption. But besides the restraint which good faith imposes on the attempt in the present case, the British Government is too enlightened not to perceive on reflection, that every duty which it imposes on her exports to the United States, is a bounty on the exertions of her manufacturing rivals; and cooperates with our own duties on her manufactures and with the charges incident to the distance between the two Countries, in stimulating the progress of this branch of industry in the United States. And altho for reasons sufficiently obvious, our demand of British manufactures is not likely to be superseded, or in an absolute sense, may not be lessened by moderate impositions of this sort; yet it is certain that their effect in stimulating american manufacturers, and, in the same proportion checking the growth of demand for British, must outweigh the advantage accruing to her Treasury. It will only be added that it deserves the serious consideration of the British Government, also how far so naked an effort to draw revenue from American pockets into her own Treasury may add the force of resentment and indignation to other motives for lessening the dependence of our consumption on a country disposed to make such a use of it.
The subject of your letter of May 7th namely your correspondence with Lord Hawkesbury on the Cession of Louisiana and the Floridas, to France, will receive from the President all the consideration which its great importance demands; and as soon as an answer can be founded on the result of his reflections, no time will be lost in transmitting it. With very great respect and consideration &c &c &c.
James Madison

   Letterbook copy (DNA: RG 59, IM, vol. 6). RC offered for sale in Stan. V. Henkels Catalogue No. 1290 (1921), item 315. A typescript of the RC supplied in 1959 by James G. King of New York City indicates that it is docketed as received 13 Sept.

   See the extract of Gallatin to Bird, Savage, and Bird, 6 July 1802, in Papers of Gallatin (microfilm ed.), reel 7.

   Article 15 of the Jay treaty states that “no other or higher Duties shall be paid by the Ships or Merchandize of the one Party in the Ports of the other, than such as are paid by the like vessels or Merchandize of all other Nations” (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:257).


Title: To James Madison from Albert Gallatin, 23 July 1802
From: Gallatin, Albert
To: Madison, James

(Private)
Dear Sir
New York 23d July 1802
I received yesterday six blank commissions for offices of collector &a. But one has been omitted; the Collector of Marblehead should also be commissioned as inspector of the revenue for that port. The President should also have left a commission of collector for Massac in lieu of W. Chribs whose character is infamous. If he is yet in town, will you be good enough to apply for those Commissions, and if he is already gone, to have them prepared and sent to him for his signature. The collector of Massac must also receive a commission as inspector of the revenue for that port. Please to let me know the day when the President left Washington, as from that day the commissions must bear date. Do you know whether Henry Warren the intended collector of Marblehead, and W. Lyman intended for Newbury port will accept, whether they will be ready to go and take possession of their offices at once (for they do not reside at the places where these are kept) and what is the place of their residence? Gen. Dearborn might write to them; otherwise they may not be ready to go and take possession, and their predecessors may refuse to act. Do you also understand whether Mr Page is ready to go to Petersburg. Your’s
Albert Gallatin

   RC (DLC). Docketed by JM.

   See Memorandum from Thomas Jefferson, 19 July 1802.

   Jefferson appointed William Chribbs collector and inspector of the port of Fort Massac, Indiana Territory, during the congressional recess of 1801. Formally nominated and approved by the Senate in January 1802, Chribbs was replaced by Daniel Bissell, whose appointment was approved in January 1803 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:401, 405, 433, 437; Gallatin to Jefferson, 6 July 1802, Papers of Gallatin [microfilm ed.], reel 7).


Title: From James Madison to Louis-André Pichon, 24 July 1802
From: Madison, James
To: Pichon, Louis-André

Sir
Department of State July 24. 1802.
The Newspaper herewith inclosed contains a translation of an instruction from the Minister of Marine in France to a maratime prefect, in which if the translation be correct, the Minister has fallen inadvertently into a mistatement of the tenor of a regulation within the United States concerning certificates of health. The error lies in transposing the collectors and naval officers, as you will observe on a comparison of the latter [sic] of the Minister of Marine with the printed copy also inclosed of the regulation as communicated by the Treasury Department to the collectors of the customs. Will you be so obliging Sir, in case you have a French copy of the letter of the Minister to inform me whether the error lies in the letter itself or in the translation; and in case of its lying in the former, to aid in guarding agai[n]st its effects, by whatever interposition you may deem requisite. Accept assurances &ca
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14). Enclosures not found, but see nn.

   Denis Decrès to Auguste Bergevin, maritime prefect at Rochefort, 23 Pluviôse an X (12 Feb. 1802) (Philadelphia Gazette of the U.S., 7 July 1802).

   Gallatin’s 1801 circular to collectors of customs stipulated that the certificates of health issued to U.S. vessels be signed by the collector at the port of embarkation and countersigned by the naval officer, except for those ports without the latter, where “the bill of health can only be certified by the Collector” (see Gallatin to JM, 22 July 1801, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:453–54 and n. 1). In Decrès’s letter to the maritime prefects, he transposed collectors and naval officers, leaving the impression that there was a naval officer in every port and that all bills of health must be signed by one of them.


Title: From James Madison to John Steele, 24 July 1802
From: Madison, James
To: Steele, John

Dear Sir
July 24. 1802
I inclose a paper

   instead of inclosing the paper I beg leave to refer you to the Gazette of the U. S. July 13. 1802.

 in which you will find a translation of the Document referred to in Mr. Mclane’s letter to you. If the translation be correct, the French Commissary of Marine, has inadvertently transposed the Collectors & naval officers. The error can scarcely have failed to excite the attention of the American functionaries in France, and to have been rectified on their interposition. It may notwithstanding be well to ask of Mr. Pichon whatever information he can give on the subject, and such interposition on his part as may aid in preventing consequences of the error. For these purposes I will drop him a line without delay. With great respect & esteem I am Yrs.
James Madison

   RC (Nc-Ar: Steele Papers).

   See JM to Pichon, 24 July 1802, and nn.

   The items referred to were printed in the Gazette of the U.S. on 7 July 1802.


Title: To James Madison from Nathan Dane, 24 July 1802
From: Dane, Nathan
To: Madison, James

Sir
Beverly July 24. 1802
The inclosed commission and letter have Just been handed to me—which I return to you. I doubt if [I] am the person intended. And if I am, such a commission could not induce me to change a resolution not to accept any appointment. Your obedient servant
Nathan Dane
To Mr. Madison—private.
I am exceedingly sorry you and the presidt. have been so misinformed as to one or two of the characters on the list—party politics out of the question they are Justly considered fitter subjects of guardianship than of appointments—whatever may be the present state of politics good men can have but one object—and that is the union, prosperity, and respectability of a common country.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Dane”). Docketed by Jefferson. Enclosures not found.

   Nathan Dane (1752–1835), a lawyer and former Continental congressman (1785–88) who attended the Hartford Convention in 1814, refused the office of commissioner of bankruptcy (Fischer, Revolution of American Conservatism, pp. 247–48).


Title: From James Madison to John Steele, [ca. 25 July] 1802
From: Madison, James
To: Steele, John

Dr Sir
[ca. 25 July 1802]
Mr. Fairfax who waits on you wishes to know whether the Treasury Dept. is [in] want of bills on London. He will himself explain an offer he will in that case make. In the absence of Mr. Gallatin, I have taken the liberty of referring him to you for information. Yrs very respectfully
James Madison

   RC (Nc-Ar: Steele Papers). Undated. Conjectural date supplied here on the basis of circumstances described in n. 2.

   His Republican leanings and prior correspondence with JM make it probable that this was Ferdinand Fairfax (see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:308–9 and n. 3).

   Steele’s departure on 5 Aug. and his subsequent resignation places the date of this letter sometime during Gallatin’s absence from Washington between 17 July and 1 Aug. 1802 (Gallatin to Jonathan Burrall, 17 July 1802, and Gallatin to Jefferson, 9 Aug. 1802 [DLC: Gallatin Papers]; Steele to Oliver Wolcott, 5 Aug. 1802, Wagstaff, Papers of John Steele, 1:307).


Title: To James Madison from John Elmslie, Jr., 25 July 1802 (Abstract)
From: Elmslie, John
To: Madison, James

25 July 1802, Cape Town, Cape of Good Hope. Encloses a duplicate of Asa Bordwell’s note, the original of which was enclosed in his 29 Mar. dispatch. Also encloses lists of American ships that entered the ports of the Cape of Good Hope between December 1801 and June 1802. “I have had frequently to observe to Government the remissness of many Masters of Vessels in not ⟨c⟩alling on their arrival to report their Vessels, as well as in departing from the Ports without notifying the same; A late Case in which Captn. Tibbetts of the Merchant Ship Hazard from New York bound to the Cape who was entrusted with Duplicate of Papers from the Owners of the Pacific to Claim the Cargo of that Ship and for want of which the Cargo has been Condemn’d in the Cape Vice Admiralty Court of which I advised Govermt. in March last. Captn. Tibbetts arrived here in Septr. last, but neither Call’d to report his Vessel nor deliver’d any papers; The Consequence of which I am afraid will be the loss of large property to the Owners of the Pacific.” These difficulties would be avoided if ship captains were required, under penalty of law, to report to consuls and not to depart without a consular certificate.

   RC (DNA: RG 59, CD, Cape Town, vol. 1). 2 pp. Enclosures not found.

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


Title: From James Madison to William C. C. Claiborne, 26 July 1802
From: Madison, James
To: Claiborne, William C. C.

Sir
Department of State July 26. 1802.
Herewith inclosed is a copy of the agreement entered into on the 24. April last between the Commissioners on the part of the United States and those on the part of Georgia, duly authorized for that purpose, which agreement was ratified by the Legislature of that state on the 16. of June last.
According to the Act of Congress of May 10. 1800 The commissioners of the U. States authorized to settle the terms of a compromise with the State of Georgia, are further authorized to enquire into the claims which are or shall be made by settlers or any other persons whatever, to any part of the lands in question, and to receive from the claimants propositions of compromise and lay a full statement of the claims and propositions, together with the opinion of the commissioners thereon, before congress for their decision.
Of the claims to be made, a part is defined and recognized in the 2d. article of the agreement, under the kind of grants legally executed to actual settlers within the territory ceded to the U. States prior to the 27. octr. 1795. by the former British Government of West Florida, or by the Government of Spain, and under the head of claims derived from any actual survey or settlement made under the law of Georgia passed February 7. 1785. entitled “An Act for laying out a district situate on the river Mississippi, and within the bounds of the State into a county to be called Bourbon.” An extract from this Act is also herewith inclosed.
To enable the commissioners to make the proper report to Congress on this part of the subject, you are requested to furnish them with the best information you can obtain, first with respect to the extent of territory both on the Mississippi and the Mobille, which has been relinquished by the Indians, secondly with respect to the claims recognized by the 2d. Article of the agreement with Georgia. To make this last information as accurate and full as possible, it may be well to invite the claimants by public advertisement to file prior to the 1st. of November before the proper County officers, the particular authority and extent of their respective claims and the chain of title derived to the present claimants from the original title. The Commissioners hope that you will be able to state to them particularly the manner in which grants were made and compleated under both the British and Spanish Governments, this information being necessary for the use of Congress in carrying the 2d. Article of the agreement into due effect. Should it be found impossible to render the information on these points compleat, you will notwithstanding be pleased to forward the best you can collect.
The other claims to be enquired into, and which tho’ not recognized fall within the report to be made to Congress, are first and principally such as are grounded on alledged grants of Georgia subsequent to the Bourbon County Act. With respect to these claims, it is not desired that you should make any public call for information; but you will oblige the commissioners by enquiring and communicating what or whether any steps have been taken in behalf of the claiming companies towards settling selling out, or surveying, any part of the land; and particularly whether any tract is now actually occupied by any of their claimants: secondly claims if any, derived under the French Government previous to the peace of 1763. Thirdly claims derived under the British and Spanish Governments previous to the Treaty of 1795; but unaccompanied by actual settlement at the date of the Treaty. Fourthly claims derived under the Spanish Government by grants made subsequent to the Spanish Treaty of 1795. fifthly claims founded on the 3d. section of the Bourbon County act of Georgia, the four last descriptions of claimants may also be publickly invited to give in the state of their respective claims, by the 1st. of November that they may be transmitted by you in due time with the others. It is proper that the claimants in their cases should be aware, that their claims not being included in the guaranty of the 2d. article of the compromise with Georgia, the consideration of them by Congress will be barred by the 3d. article, after the period of one year from the assent of Georgia to the instrument of compromise.
In calling for the information wished from the claimants not included in the guaranty, it will occur to you as proper to use a language neither committing the Government on one hand, nor dampling [sic] expectations too much on the other. It being uncertain what degree of strictness or liberality may be exercised by Congress, the present measure must be limited to the collection of such information as may enlighten or influence their decision. With this view, you cannot be too particular in explaining the nature and extent of the several classes of claims; to which may be added the number of persons who will be affected by the decision on each class; It may be satisfactory also to know, the general sentiments and expectations prevailing in the territory on this subject.
Should there be claims of any sort within the Territory which escaped the above enumerations, you will oblige the commissioners by adding a particular account of them: as well as by communicating your estimates of the General extent of Territory not claimed by the Indians of the aggregate quantity of land covered by claims under the 2d. article of the compromise, and of the like aggregate, of all other claims.
It need not be suggested to you that where records of claims exist, suitable extracts from them will [be] proper: nor that it will be expedient to compleat and transmit your communications with as little delay as possible.
It only remains for me to ask your excuse for the heavy task which is imposed on you, and to assure you of the great respect and esteem, with which I have the honor to be &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14); Tr (Ms-Ar: Claiborne Executive Journal). Enclosures not found, but see nn. 1 and 4.

   The “Articles of Agreement and Cession” are printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Public Lands, 1:125–26.

   JM was referring to section 10 of “An Act supplemental to the act intituled “‘An act for an amicable settlement of limits with the State of Georgia; and authorizing the establishment of a Government in the Mississippi territory’” (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:70).

   Tr reads “head.”

   For the Bourbon County act, see Gallatin to JM, 21 July 1802, and n. 3.

   Claiborne published a handbill to this effect on 9 Sept. 1802 (Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:177–80; Claiborne to JM, 12 Sept. 1802).


Title: From James Madison to Charles Pinckney, 26 July 1802
From: Madison, James
To: Pinckney, Charles

Sir,
Department of State July 26th 1802
Your several letters now to be acknowledged are of March 20th. April 6 and April 20.
The President has learnt with much satisfaction the readiness manifested by the Spanish Government to concur in establishing a Board for deciding on the indemnifications claimed by our citizens. My letter of Feby. 5th suggested an improvement in the definition of the powers of the Board, of which I hope you will not lose sight. As that letter is not acknowledged in any yet received, from you, a copy of it is now inclosed.
The last information from Paris renders it certain that the Cession of Louisiana to France has actually been concluded, and that the Cession comprehends the two Floridas. In this state of the business it seems unnecessary to decide on the price which Spain might be led to expect, for a cession of the Floridas including New Orleans to the United States; and the more so as it would be of use for us previously to know the value she places on the guaranty proposed in my letter to you of 25th of September last. For the present the Cession wished by the United States, must be an object of negotiation with the French Government. It will notwithstanding continue to be proper for you to cultivate the good dispositions of Spain in relation to it, both as they may not be entirely disregarded by France, and as in the turn of events, Spain may possibly be extricated from her engagements to France, and again have the disposal of the Territories in question.
The repugnance of the Spanish Government to the residence of an American Consul at New Orleans is to be regretted. It may be hoped however when the special grounds on which it may be rightly claimed by the United States, and safely yielded by Spain without infringing the general principle of her Colonial policy on this point, are more fully explained in the second representation proposed by you, that a more favourable determination will take place.
The complaint against Capt. Mallowny communicated in your letter of April 6 has been long since brought to the attention of the executive by the Spanish Minister here. On recurring to your instructions of June 9th 1801 you will find the subject noticed, and the proper assurances to the Spanish Government with respect to it, authorized and explained. I have now only to add, that the regular steps have been taken for enquiring into the allegations against him, and doing whatever right shall be found to demand.
As a supplement to the case of Joseph Dunlap and others forwarded in My letter of May 10th, I inclose a copy of a letter from Mr Ross, a Senator of the United States from Pennsylvania, with certain documents accompanying it, in support of the claim of the injured parties, on the Spanish Government, to all which I rely on your giving the due attention.
I inclose also a copy of a letter from James L. Cathcart Consul at Tripoli, which explains the nature and amount of a claim on the Spanish Government in behalf of the United States, which has long been postponed, but which appears to be so just and so clear that there can be little doubt of its being immediately admitted and satisfied.
You already know that W. Willis the Consul for Barcelona, suddenly withdrew from that place last year. That and other circumstances have made it a proper subject of consideration whether his Commission should be revoked or continued. The President wishes you to enquire into his conduct and character, and to forward the best information with respect to both that you can procure.
I did not fail to lay before the President your wish to have his permission to make an excursion into Italy, from Barcelona, whither the Court is to proceed in the Month of September. I need not assure you of his disposition to afford every indulgence in such cases which a due attention to the public service will allow. Of this condition you can under existing circumstances best judge yourself. To yourself therefore he leaves the decision; not doubting that it will be made under the due influence of every public consideration. With the highest respect and consideration &c. &c. &c
James Madison

   Letterbook copy (DNA: RG 59, IM, vol. 6). Enclosures not found.

   In his letter of 5 Feb. 1802, JM had reminded Pinckney that U.S. claims against Spain should not be restricted to captures but should include “injuries received from the officers of Spain in attaching [U.S. merchants’] property for supposed breaches of its fiscal regulations: and examples are not wanting of unjust and ruinous prosecutions against our citizens upon criminal allegations.” He penned an example of a general provision that would include these cases, instructing Pinckney to add it to the Spanish-American claims agreement (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:441–42).

   JM had suggested that Pinckney might discuss, but not agree to, a U.S. guarantee of Spain’s American possessions (JM to Pinckney, 25 Sept. 1801, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:132).

   For Yrujo’s complaint of 4 June 1801 and JM’s instructions to Pinckney on the matter, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:262, 276.


Title: From James Madison to Rufus King, 26 July 1802 (Abstract)
From: Madison, James
To: King, Rufus

26 July 1802, Department of State. “Agreeably to a suggestion in a letter from you to Mr Elias Vanderhorst, of the 5th January last, a copy of which he has forwarded to me, you will please to pay him the sum of Twelve pounds, sixteen shillings and ten pence, and charge it to your contingent account with the United States.”

   Letterbook copy (DNA: RG 59, IM, vol. 6). 1 p. RC offered for sale in Parke-Bernet Catalogue No. 1064 (3 May 1949), item 339. A typescript of the RC supplied in 1959 by James G. King of New York, N.Y., indicates that it was received 13 Sept. JM also wrote to Vander Horst on 26 July to inform him that the money would be paid (DNA: RG 59, DL, vol. 14).

   See Vander Horst to JM, 12 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:464).


Title: From James Madison to Richard O’Brien, 27 July 1802
From: Madison, James
To: O’Brien, Richard

Sir,
Department of State July 27. 1802.
In my letter of May 21st. 1801. accompanying the remittance of 30,000 dollars as a commutation of the current annuity of stores, you were requested to use your endeavours to bring about this mode and rate of paying the annuity, as a permanent regulation. It has been some disappointment not to have learnt by any of your subsequent communications, whether such an experiment had been made, or how far another remittance of a like sum, would be likely to be accepted by the Dey. From your silence it has been inferred that the Dey did not enter fully into the plan of a permanent commutation, but from his acceptance of the payment for one year, in money when placed before his eyes, and from the motives which his advisers probably feel to favour that mode of payment, the President has determined to remit another sum of 30,000 dollars, as a commutation for the current annuity in stores. The money will be conveyed to Algiers in the ship General Green, commanded by Lieutenant Chauncey, and will be delivered to you on her arrival there. You will take the occasion to renew to the Dey assurances of the friendly dispositions and good faith of the United States, and of their confidence in his; will inform him that the remittance in money is made in the expectation that he will find it not less acceptable than in the former instance, as well as from an anxiety to avoid the unpunctuality sometimes inseparable from the transportation of stores; and in case he cannot be prevailed on to receive payment in this mode you will assure him that the letter of the Treaty shall be complied with, as soon as the President shall know his refusal, and the stores can be transmitted. You will also avail yourself of the occasion, if it should prove favorable, for another attempt to draw the Dey into a permanent regulation for satisfying the Treaty by an annuity of 30,000 dollars in place of stipulated stores. The evident advantages of such a change in our engagements; will call for your best exertions to accomplish it.
In case the Dey shall positively refuse to take the money in lieu of the stores, you will deliver the 30,000 dollars back to Lt. Chauncey, unless one of our frigates should happen to be with you. In that case it will be better because safer, to place the money in charge of the Captain of the frigate. I have the honor to be &ca.
James Madison.
P. S. August 22d. Since the above was written the Navy Department has concluded to send to the Mediterranean the Frigate New York Captain James Barron, instead of the ship General Greene. As it may not be convenient for this frigate to proceed to algiers with the remittance it will be left to the discretion of Commodore Morris to forward it as he may find most eligible, and to point out to you the mode of returning the money in case the Dey shall not accept it.

   Letterbook copy (DNA: RG 59, IC, vol. 1). Addressed to “James L. Cathcart Esqr. or in his absence Richd. O’Brien Esqr.,” with Wagner’s notation, “this direction should be reversed.”

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:212–15.

   Isaac Chauncey (1772–1840) was a career naval officer who served in the war against Tripoli, 1802–5, commanding at various times the Chesapeake, New York, and John Adams. In 1812 JM appointed him commander of naval forces on lakes Ontario and Erie, a position he held until 1815.


Title: From James Madison to James Simpson, 27 July 1802
From: Madison, James
To: Simpson, James

Sir,
Department of State July 27. 1802.
Since my last which was of april 20th. and went by the Adams Frigate, I have received your favors of May 13. and June 5th. & 14th. which arrived in the Essex Frigate.
It affords pleasure that the Emperor of Morocco has withdrawn his inadmissible request of passports for vessels freighted with supplies of wheat for Tripoli. In refusing to sanction such a communication with Tripoli as well as to comply with the request relating to the Tripoline vessel at Gibraltar, you pursued a plain course of duty, in which you justly counted on the approbation of the President. Your readiness to grant the usual certificates in favor of vessels bound with Morocco property for Tunis, was equally proper.
Should the certificates be perverted into a cover for an illicit trade with the enemy, it will be a just ground of subsequent complaint, but could not be refused either of right or at the present crisis particularly, in sound policy, on the mere presumption that such a use would be made of them.
My letter by the Adams informed you of the intention of the President to compliment the Emperor with one hundred gun carriages. They are now forwarded by the Ship General Greene. It is hoped that they will be found of the right sort and sizes. As far as they may fail in either of these respects, you will make the best apologies you can; and otherwise render them as acceptable as possible. The President being at his seat at present, and being myself on the point of leaving Washington, I cannot inform you with certainty whether you will receive with the Gun carriages a letter from him to the Emperor. In case he should chuse to write one, and can convey it to this place in time for the sailing of the ship Lieutenant Chauncy will be charged with it.
It is proper to inform you that Mr. Cathcart is commissioned by the President to take advantage of the impression which may be made on the Bashaw of Tripoli by a rendezvous of the American squadron before that place, by meeting him in negotiations for peace. This consideration will add force to others which will be felt by you, for studiously cultivating harmony with Morocco at so interesting a moment. Mr. Cathcart is also appointed to succeed Mr. OBrien in the Consulate at Algiers, who has long asked and is now permitted to retire.
As soon as I can have an interview with the Secy. of the Treasury who is at present not in Washington I will propose to him an arrangement for lodging a fund for your salary in London as you wish. With sentiments &ca.
James Madison

   Letterbook copy (DNA: RG 59, IC, vol. 1). Another copy of the letter, printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:207–8, is dated 22 July 1802.


Title: To James Madison from William Burley, 27 July 1802 (Abstract)
From: Burley, William
To: Madison, James

27 July 1802, Beverly. Acknowledges JM’s letter of 12 July [not found] appointing him a commissioner of bankruptcy for the district of Massachusetts. Declines the appointment but recommends Daniel Kilham of Wenham for the position.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Burley”). 1 p.; docketed by Brent as received 2 Aug.


Title: To James Madison from John Nicoll, 27 July 1802 (Abstract)
From: Nicoll, John
To: Madison, James

27 July 1802, New Haven. Has received JM’s letter of 6 July [not found] appointing him a commissioner of bankruptcy for the district of Connecticut. Declines the appointment; “I am so frequently absent from the State, that it will be out of my Power to pay the requisite Attention to the Duties of the Office.” Recommends John H. Lynde for the position.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Nicol”). 1 p.; docketed by Brent as received 31 July.


Title: To James Madison from James Simpson, 27 July 1802 (Abstract)
From: Simpson, James
To: Madison, James

27 July 1802, Tangier. No. 46. Acknowledges JM’s letter of 30 [20] Apr., received from Captain Campbell of the Adams, and reports that he “landed here last Night” under a flag of truce to “more speedily and effectualy” make the communications JM charged him with for the emperor of Morocco. The governor is absent in Tetuàn, “whither I shall follow him tomorrow, and after the necessary interview send a Messenger with an Address to His Majesty on the subjects you have directed.” The frigate at Larache “lays quite ready for Sea,” and its commander “left this place on Sunday, fully authorized to capture American Vessels”; has informed Commodore Morris “& entreated of him to employ the Adams in preventing her puting to Sea.” Adds that the “Armament of the Emperor” is aimed not only at Americans but at “all other Nations, who have not actualy Consuls resident with him.”

   RC (DNA: RG 59, CD, Tangier, vol. 1). 2 pp.; marked “duplicate.” Printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:211. Jefferson communicated a brief extract to Congress with his annual message on 15 Dec. 1802 (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:467).

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


Title: From James Madison to Joshua Gilpin, 28 July 1802
From: Madison, James
To: Gilpin, Joshua

Sir
Department of State July 28. 1802
I have reced. your letter of the 21st. instant. The Consulate at Barcelona is not at present considered as vacant, Mr. Willis having returned thither, and no answer having been yet recd. to the enquiries made by this Department relating to his continuance in that station. Should these result in a vacancy, or should a vacancy otherwise happen, Mr Burne with your recommendation & any others that may be added, will be presented to the consideration of the President, and be brought into due comparison with other candidates for the same appointment. In the mean time as citizenship will probably have an influence on the selection, it may not be amiss to ascertain the date and legality of that of Mr. Burne. I am Sir respectfully Your Obedt. servt
James Madison

   RC (courtesy of an anonymous collector). Addressee not indicated.

   See JM to Pinckney, 26 July 1802.


Title: From James Madison to Moses Young, 28 July 1802
From: Madison, James
To: Young, Moses

Sir,
Department of State Washington July 28th. 1802.
Your letter of the 26th. April has been duly recd. It is to be regretted that the circumstance of your being continued Consul of the United States should have induced an expectation of your receiving a salary as such, especially as it appears you have remained at Madrid, under this impression, contrary to your private Interest. The remuneration of our consuls proceeds from the weight of commercial character, which, it is supposed, the appointments give, and the fees they are authorized to charge for official acts—in no instances from fixed salaries, but to those in the Barbary States. Regretting, as I do, that peculiar circumstances should have deprived you of these advantages, it is not in my power to encourage a hope that the emoluments of your office will be encreased by any act of the Government, as the laws of congress on the subject give no authority for countenancing such expectations. With much respect &ca.
James Madison.

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

   Letter not found.


Title: To James Madison from Samuel A. Otis, 28 July 1802
From: Otis, Samuel A.
To: Madison, James

Sir
Boston July 28th 1802
I take this opportunity to acknowledge the honour of an official communication from the Secretary for the department of State, with a commission from the President of the United States; And altho the more obliged by this mark of his confidence as it was unsolicited & unexpected, permit me respectfully to state my doubts as to the propriety of holding this office, together with that of Secy of the Senate, without the permission of the Senate; And which cannot be obtained until they are in Session.
If holding both offices should be deemed incompatible, I hope it will hardly be necessary for me to apologize for my candid declaration of a preference, for an office, the duties of which, from long practice, have become familiar to me, to which, I feel myself fully competent, the salary too of which, is a principal article of, altho not adequate to my support, to one, of less emolument, precarious from liability to repeal & alterations in the law; An office whose duties are probably laborious, & in which I am without experience.
On the other hand should the honourable Body whose officer I am, from preference to a more meritorious person, or other cause, think fit to dismiss me their service, in the habits of business, necessary too for the subsistence of my family, I should regret being wholly out of employ. I hope therefore under all the circumstances, it will not be thot indelicate or disrespectful in me to ask permission, to consider of a reply, to your official communication until the Session commences; More especially as no injury can result to the public, there being a number of Commissioners already employed in the execution of the business. I have the honour to be With every sentiment of respect & esteem Your most obedient humble Servant
Sam A. Otis

   RC (DNA: RG 59, LAR, 1801–9, filed under “Otis”); Tr (DLC: Jefferson Papers). RC docketed by Jefferson and by Brent as received 2 Aug. Tr dated 14 July 1802 and marked “Copy.”

   Letter not found. Jefferson had appointed Otis a commissioner of bankruptcy for the district of Massachusetts (National Intelligencer, 16 July 1802).


Title: To James Madison from Lewis S. Pintard, 28 July 1802 (Abstract)
From: Pintard, Lewis S.
To: Madison, James

28 July 1802, Madeira. Forwards copies of James Simpson’s letters. Reports that on 12 July two American ships arrived from Mogador, “which Port they had left three days before in consequence of Mr. Simpson’s letter.” He recommended that they not return to Mogador; “notwithstanding which, as they had left a considerable proportion of their property there, they resolved on returning, and sailed from hence on the 21st. inst.” Suggests stationing a U.S. frigate or cruiser off Madeira owing to its proximity to Mogador, where many Barbary cruisers will be fitted out; “it would certainly be attended with great advantage to our Trade.” Reports the death of John Joyce on 23 July, a sailor from Brattleborough, Vermont, the only death that has occurred in the marine hospital in five years. Encloses an inventory of Joyce’s belongings, “which are really not worth his friends looking after.”

   RC (DNA: RG 59, CD, Funchal, vol. 1). 4 pp.; docketed by Brent. Printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:216. Enclosure not found.

   On 13 Oct. 1802 Daniel Brent wrote the Brattleborough postmaster (John Halbrook), asking him to “communicate to the friends of John Joyce” the news of his death (DNA: RG 59, DL, vol. 14).

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


Title: From James Madison to Robert Smith, 29 July 1802
From: Madison, James
To: Smith, Robert

Sir
Department of State July 29th. 1802.
It being thought proper that $30,000 should be transmitted to the Consul at algiers, by the ship General Greene, I request that you will please to give the proper instructions to Lt. Chauncy to receive that sum from the orders of the secretary of the Treasury, and deliver it at algiers to the American Consul there, with a further instruction to receive the money back from the Consul, if not applied as intended, and to place it as soon as he conveniently can, on board one of our Frigates to be returned to the United States under the arrangements and directions of Captain Morris, I request also that you will please to instruct Lt. Chauncy to take on board the ship commanded by him, one hundred Gun carriages intended by the President for the Emperor of Morocco, and to deliver the same at Tangiers to the order of James Simpson Consul of the United States at that place. I have the Honor to be &ca.
James Madison.

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


Title: To James Madison from Louis-André Pichon, 29 July 1802
From: Pichon, Louis-André
To: Madison, James

G. Town 29th july 1802
Mr. Pichon with his respects incloses to Mr. Madison some letters under the Seal of the National institute, adressed to the President, which he found among his dispatches from france, in the package which has been so long coming from Norfolk.
The inclosed extract of a dispatch of Mr. P. to the minister of foreign affairs, Mr. Pichon confidentially communicates to Mr. Madison and desires that it may be forwarded to the President. It was written, as the extract itself shows, in consequence of an intimation given to Mr. P. on the subject to which it relates.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1). For enclosure, see n. 2.

   No doubt these included François-André Vincent’s letter to Jefferson of 5 Nivôse an X (26 Dec. 1801) announcing Jefferson’s election to the Institut National de France, which the president received on 31 July 1802 (Jefferson’s Epistolary Record [DLC: Jefferson Papers]; Malone, Jefferson and His TimeDumas Malone, Jefferson and His Time (6 vols.; Boston, 1948–81)., 4:178–79).

   This extract of a letter from Pichon to Talleyrand, 29 Messidor an X (18 July 1802) (4 pp.; in French; mistakenly docketed by Brent as enclosed in Pichon to JM, 28 July 1802), explained the workings of the U.S. press, especially the brutal treatment often given to France and French officials.


Title: To James Madison from Benjamin R. Morgan, 29 July 1802 (Abstract)
From: Morgan, Benjamin R.
To: Madison, James

29 July 1802, Philadelphia. “Mr. William Dewees being desirous of obtaining the appointment of Commissioner of Bankruptcy in the place of Mr Van Cleve lately deceased has requested me to … sollicit on his behalf your friendly interference in obtaining the object of his wishes.” Dewees is a Philadelphia attorney whose family has “long been established here.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Dewees”). 2 pp.; docketed by Jefferson. JM also received a letter from John Dawson, 16 Aug. 1802 (ibid.; 1 p.), recommending Dewees for the position.


Title: To James Madison from Fulwar Skipwith, 29 July 1802 (Abstract)
From: Skipwith, Fulwar
To: Madison, James

29 July 1802, Paris. Introduces John Jones Waldo of Massachusetts and recommends him for “one of the vacant commercial Agencys of this Country.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Waldo”). 1 p. Addressee not indicated. Skipwith wrote a similar letter to Jefferson on 30 July (ibid.).


Title: From James Madison to Thomas Jefferson, 30 July 1802
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Washington July 30. 1802
I inclose several letters for you put into my hands by Mr. Pichon, with some communications of his own, which are proper to be forwarded along with them. I inclose also a letter from Mr Jones at Gaudaloupe, and two others declining commissions of Bankruptcy.

My departure from this place, suspended for a day by preparations for the Mediterranean business stated in my last, has since been prevented by the lameness of a horse which obliges me to leave him behind & to purchase another. Having been thus long detained, & understanding that Mr Gallatin will be here to night or tomorrow, I am induced to submit to a little further delay for the chance of seeing him. By sunday at farthest I hope to be on the road, and in about 10 days from that date to be at home.
Nothing has occurred at this place since you left it which deserves mention. With the most respectful attachment I remain yours
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 31 July.

   For these letters, see Pichon to JM, 28 July (two letters) and 29 July 1802, and nn.

   Edward Jones to JM, 8 July 1802.


Title: To James Madison from Thomas Jefferson, 30 July 1802
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello July 30. 1802.
Your’s of July 22. came to hand on the 25th. the day of my arrival here. I think the proposition to tender another 30,000. D. to Algiers a very judicious one, and have therefore written to mr. Gallatin to take measures in conjunction with yourself to make the remittance by the General Greene. I have not yet written to the emperor of Morocco; because when one has nothing to write about it is difficult to find the end to begin at. I will sketch something before next post, and inclose it for your alteration with a blank sheet signed, over which they may write the letter.
You are now I presume in the middle of your journey & must have had a good deal of rain. This will be directed to await in Orange for your return. Present me respectfully to the ladies, & be assured of my affectionate esteem.
Th: Jefferson
P. S. Not knowing whether the inclosed letters have past through your hands I forward them to you instead of returning them to the office from whence I recieved them.

   RC (DNA: RG 59, ML); FC (DLC: Jefferson Papers).

   See JM to Albert Gallatin, 22 July 1802, and n. 1.


Title: To James Madison from Robert R. Livingston, 30 July 1802
From: Livingston, Robert R.
To: Madison, James

Duplicate No. 18
Dear Sir,
Paris 30 July 1802
I have recieved your dispatches ⟨& the Presidents by Mr. Du⟩pont de Ne⟨mours.⟩ I shall reply more particularly to them at the next opportunity as I am now very much engaged in preparing a lengthy memoir on the subject of the mutual interests of France & the United States relative to Louisiana by which I hope to convince them that both in a commercial & political view the possession of it would be disadvantageous to france. In my last I hinted to you my suspicions that France & Spain did not understand each other on the subject of Louisiana and communicated to you my letter to the Spanish Ambassador calculated to sound this business and interpose some difficulties to its execution. His answer confirmed my opinion. I have since verbally his explicit assurance that the Floridas are not included in the cession, and I have been applied to by one of the Ministers here to know what we understand in America by Louisiana you can easily concieve my answer. I have just recieved a letter from Mr. Graham in which he communicates the Spanish Ministers answer to Mr. Pinckneys application upon the same subject in these words “If the King should think proper to cede Louisiana he will take care that the interest of the United States shall not be affected by it.[”] It appears also by the 5th. Article of the treaty of Madrid 21 March 1801 that the cession had been made of Louisiana generally. The french you know have always extended the term to South Carolina and all the Country on the Ohio since the possession of the Floridas by britain and the treaty of 1763 I think there can be no doubt as to the precise meaning of the terms. I find a certain degree of roideur in the Spanish Ambassador on that subject which it will be our interest to cherish at the Court of Spain unless we should have a prospect of purchasing the Floridas—in the present state of things and till this point is settled I think it probable the expedition to Louisiana will be postponed. In the meantime all that can be done here will be to endeavor to obtain a cession of New Orleans either by purchase or by offering to make it a port of entry to France on such terms as shall promise advantages to her commerce—And give her hopes of introducing her manufactures and wines into our western country. An arrangement of this sort if they listen to it would certainly be beneficial to both countries and only hurtful to Britain if to this we could add a stipulation that she shall never possess the Floridas but on the contrary in case of a rupture with Spain and a conquest of them cede them to us our affairs in that quarter would stand as well as I would wish & the Colonies that France might attempt to establish on the west side of the Missisippi would be too feeble to injure us. I find them very anxious to have the ports of Pensacola & Augustine as they dread our having the command of the gulph.
I confess this appears to me no very important object and if they would be content with these and give us west florida and New Orleans even at a large price we should not hesitate. I am sorry that you have not communicated to me what are precisely, the utmost limits of the sum I may venture to offer in cash or in our own demands. As the Minister has been absent some time & has but just returned I can not state precisely to you what we may hope on this subject but be persuaded that I am fully impressed with the importance of the subject and that nothing will be left undone which I can do to effectuate your wishes. I saw him last night and was very cordially recieved, his health is so much mended by the waters that I hope he will be able to go through business more speedily than he has done. On the subject of our demands nothing is yet done owing to his absence. I have however rather better prospects than I have hitherto had. The St. Domingo bills have been accepted as presented & they still continue to assure me that they shall be paid. Enclosed is my note on the subject of our officers confined by Genl. Le Clerc. I yet have recieved no answer. You have probably heard more directly of the war that the Emperor of Morocco has declared against us. I sent notice of it immediately to our Consuls in the different ports of France & Holland & also to Mr. King who I presume will give the necessary information in Britain and the Northern ports.
I have since advices from Mr. Obrien that a vessel from Philadelphia—Capt. Morris is taken by a Tripolitan & carried into Algiers. Her crew consists of nine men. It is necessary if the war continues to have a number of small armed vessels in the Mediterranean as the corsairs will always be able to elude the vigilance of the large ships whom they see at a distance but on these subjects you will have better and more direct information from Mr. Pinckney. Mr. Paterson is now here he says that if his relinquishment of the place of commercial agent at L’Orient will in the least contribute to the public interest he will do it with pleasure—in the hope that the President will still retain him in mind in case of any other vacancy. Nantes is vacant And Cadiz in the hands of Mr. Iznardi and exercised by a Spanish deputy who I am informed is not only a bankrupt but a dishonorable one and who also labors under the imputation of having been concerned in privateering upon our commerce. As I expect Mr. Vail here every hour I have taken no steps in the business but I much wish to retain him as a worthy officer and a very decided republican if any other provision could be made for Paterson. I have the honor to be dear Sir, with the highest esteem your Mo. Obt. Hle. St.

   RC (NHi: Livingston Papers); draft (ibid.); letterbook copy and copies of first and second enclosures (NHi: Livingston Papers, vol. 1); third enclosure (DNA: RG 59, DD, France, vol. 8). The RC is a letterpress copy in a clerk’s hand, unsigned; docketed by Brent, “No 18. July 19 1802.” Words in angle brackets are obscured by a fold in the RC and have been supplied from the letterbook copy. Letterbook copy dated 29 July 1802. For first and second enclosures, see nn. 5 and 6; for third enclosure, see n. 7. According to Livingston’s “Journal of correspondence with the Secretary of State” (NHi: Livingston Papers, vol. 7), Livingston also enclosed a “Copy of note from the Helvetic Minister on establisht of a constitution” (see JM to Livingston, 15 Oct. 1802 [DNA: RG 59, IM, vol. 6]).

   DuPont carried JM’s dispatches to Livingston of 1 and 7 May 1802, JM’s private letter of 1 May 1802, and a private letter from Jefferson of 18 Apr. 1802 (see JM to Livingston, 1 May 1802 [second letter], and n. 1).

   For Livingston’s unofficial letter to Azara and the response, see Livingston to JM, 28 May and 8 June 1802.

   Graham actually wrote (in code): “if the king does think proper to part with Louisiana he will do nothing to the prejudice of the United States.” He went on to say that he feared the U.S. had “little to expect from the friendship or even justice” of Spain (John Graham to Livingston, 12 July 1802 [NHi: Livingston Papers]).

   Raideur: inflexibility.

   Livingston enclosed a copy of his letter to Talleyrand, 19 July 1802 (2 pp.), protesting the imprisonment of the American captains Rodgers and Davidson in Saint-Domingue and communicating his instructions from the U.S. government “to apply to the justice of that of France for the immediate release of these persons and such satisfaction as shall compensate their sufferings.”

   In the letterbook copy, Livingston’s secretary placed an asterisk here and wrote in the margin, “see No. 48. the answer came the day this was written.” No. 48 in the letterbook is Talleyrand to Livingston, 10 Thermidor an X (29 July 1802) (2 pp.; in French), in which the French foreign minister defended Leclerc’s actions by insisting that the general would not have arrested Rodgers and Davidson without good cause. He noted also that under Leclerc’s rules of commerce a great number of American ships had traded in Saint-Domingue, that Americans were not discouraged from commercial ventures with the island because of the arrests, and that Leclerc’s actions could be explained only in terms of the particular cases of the two ship captains and were not indicative of the general treatment of Americans.

   Livingston enclosed with this dispatch, according to Daniel Brent’s docket, a letter from Commodore Richard Morris, 25 June 1802 (1 p.), informing the minister of the Moroccan emperor’s declaration of war on the U.S. and the arrival of U.S. consul James Simpson at Gibraltar after his expulsion from Morocco. A nearly identical letter of the same date to Rufus King is printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:184.


Title: To James Madison from Roger Gerard van Polanen, 30 July 1802
From: Polanen, Roger Gerard van
To: Madison, James

Sir
Philadelphia, July 30th. 1802.
I have recieved the official intelligence, of my being appoint⟨ed⟩ a Member of the Supreme Council of Government at the Cape of Good hope. The Batavian Government has authorised me at the same time, if I should accept of the said promotio⟨n,⟩ to take my leave of the American Government, and to depar⟨t⟩ from here for Holland, or for the Cape, by the first opportunity.

Having accepted the office of Counsellor at t⟨he Cape,⟩ I am thereby recalled from the Station ⟨I have the honor⟩ to hold near the Government of the U⟨nited States of America, and⟩ I take the liberty, Sir, to request Y⟨ou, to acquaint the⟩ President thereof.
I am at the same time auth⟨orised to declare, the wish⟩ of the Batavian Government, ⟨to cultivate, whenever occasions⟩ may offer itself, the friend⟨ly relations, subsisting between⟩ the Batavian Republic, & ⟨the United States of America.⟩ And I indulge myself wit⟨h the hope, that altho’ the American⟩ Executive has thought proper to withdraw his Minister from the Hague, and my recall is a consequence thereof, the cordial sentiments of mutual good-will between the two Nations, ⟨w⟩hereof my Nation has given an early and striking proof, in being almost foremost in acknowledging the independence of the American Republic, will suffer thereby no diminution.
In addressing you, Sir, for the last time, permit me to assure ⟨y⟩ou of my high & sincere regard, & for my best wishes for ⟨your⟩ welfare & happiness. Beleive me to be, with perfect esteem ⟨& considera⟩tion sir Your most obedient Servant
⟨R. G.⟩ van Polanen.
⟨I have further the honor to inform you, that as my acceptance of the new appointment, Could not h⟩ave been recieved ⟨by the Secretary of State⟩ for foreign ⟨affairs, when his last dispa⟩tches to me ⟨were sent of[f], the Customary⟩ Letters of ⟨recall have not been sent to me,⟩ but will ⟨be forwarded to you, as soon as⟩ my Departure ⟨from here, shall be known at⟩ home.

   RC (DNA: RG 59, NFL, Netherlands, vol. 1); Tr (AR). RC torn and obscured on verso by lamination; words and parts of words in angle brackets have been supplied from the Tr.

   In the Tr, the paragraph written as a postscript in the RC follows this paragraph.


Title: From James Madison to Edward Thornton, 30 July 1802 (Abstract)
From: Madison, James
To: Thornton, Edward

30 July 1802, Department of State. “I have the honor to enclose a copy of a letter from the District Attorney of Vermont reporting the result of the enquiries he was directed to make on the subject of a communication some time since received from you.”

   Letterbook copy (DNA: RG 59, DL, vol. 14). 1 p.

   For David Fay’s letter, see Levi Lincoln to JM, 6 July 1802, and nn.


Title: To James Madison from John Gavino, 30 July 1802 (Abstract)
From: Gavino, John
To: Madison, James

30 July 1802, Gibraltar. No. 95. Acknowledges JM’s letter of 11 May enclosing letters for O’Brien and Eaton. Simpson returned to Tangier on 26 July “to conferr with the Bashaw who had then sett out for Tetuan for whence Mr: Simpson was also to sett off the 27th: as you will see by the annexd Paragraph of his Letter to me.” Also encloses a letter to JM from O’Brien “in the state it [was] received.” The Chesapeake, Adams, and Enterprize are all at Gibraltar. “Should the Emperour of Morrocco Persist in his hostil Intentions 6 or 8 light Sailing Vessels such as the Enterprize I think would be very usefull to Protect our Trade.” A Dutch squadron of three sail of the line, a frigate, brig, and schooner, passed Gibraltar for Málaga. The Dutch also have two corvettes in the Mediterranean. Notes in a postscript that the Dutch fleet is commanded by Admiral de Winter.

   RC and enclosures (DNA: RG 59, CD, Gibraltar, vol. 2). RC 2 pp.; docketed by Brent as received 8 Oct. 1802. Enclosures are an extract of Simpson to Gavino, 27 June 1802 (1 p.), stating that he was following Alcayde Abde-Rhaman Hashash to Tetuán in expectation of receiving the emperor’s decision on peace or war with the U.S. and warning that “the Capn. of the frigate that lays ready for Sea at Larach carrys orders to take American Vessels, which you will please Communicate to whom it may Concern coming in your way”; and O’Brien to JM, 20 May 1802 (2 pp.).

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


Title: To James Madison from Thomas Sumter, Jr., 30 July 1802 (Abstract)
From: Sumter, Thomas
To: Madison, James

30 July 1802, Paris. Introduces [John Jones] Waldo, “the same gentleman for whom Mr. Livingston made a conditional application to you, last winter, supposing, then, that the french government would not agree to recieve Mr. Cathalan as commercial Agent & which he has since informed you was determined on.” Repeats his recommendation of Waldo for Cathalan’s post “or any other place, as agreeable to Mr. Waldo as Marseilles.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Waldo”). 1 p. Addressee not indicated. For Livingston’s recommendation, see his letter to JM of 31 Dec. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:360, 361 n. 6).


Title: To James Madison from John J. Murray, 31 July 1802 (Abstract)
From: Murray, John J.
To: Madison, James

31 July 1802, Glasgow. Acknowledges JM’s letter of 18 Mar. [not found] enclosing another commission for him as U.S. consul, confirmed by the Senate. Transmits a renewal of his bond for $2,000. Reports that he arrived at Glasgow on 29 June and received his exequatur on 25 July, “since which nothing has transpired ⟨w⟩orth communicating to you except an account of the Declaration of War by the Emperor of Morocco against the united states.” Requests permission to appoint a deputy at the port of Leith. “My doubts respecting the propriety of mak⟨ing⟩ such an appointment originates in the knowledge that Mr. Grant some years ago received from the United states the appointm⟨ent⟩ of Consul for Leith—since which however, he has not … resided within his consulate making Londo⟨n⟩ or Paris, where he is now, his place of res⟨i⟩dence. I have had an application from Leit⟨h⟩ for a deputation which inclines me to believ⟨e⟩ that there is no American Agent there at all.”

   RC (DNA: RG 59, CD, Glasgow, vol. 1). 2 pp.; docketed by Brent.

   John Adams’s appointment of Harry Grant of South Carolina as consul at Leith was confirmed by the Senate on 14 July 1798 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:286).

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


Title: To James Madison from William Willis, 31 July 1802 (Abstract)
From: Willis, William
To: Madison, James

31 July 1802, Barcelona. “I arriv’d here on the 23d inst and on the following day wrote to our minister at Madrid a Coppy which letter I now enclose to you as it contains something respecting the Clamor that has been rais’d in my absence which as I expected has ceas’d and those that have been so active in their Clamor begin now to be sensible that their reward will be nothing but shame and disgrace and some of the most violent of them have met me with hipocriti[c]al apologies for their Conduct. I also enclose you my second letter to our Minister—by which you will also see some of the most agravating parts of the treatment I have met with.… In my journey through france I discover’d nothing remarkable. The people seem in general friendly to the United States.” Forwards a letter from O’Brien. Hopes soon to conclude the case of Captain Mills of the ship Catherine. “The case of this Vessell is Certainly a hard one as the inocence of the Captain has been made manifest and the Spanish Government seem sensible of it or otherwise they Certainly would have condemnd him.”

   RC and enclosures (DNA: RG 59, CD, Barcelona, vol. 1). RC 3 pp.; docketed by Brent. Enclosures (4 pp.) are copies of Willis to Charles Pinckney, 24 and 28 July 1802.

   The case of the Catherine stemmed from an incident in September 1800 in which the captain of the ship, James Mills, was accused by the Spanish of complicity in the capture of two Batavian frigates by British ships in Barcelona harbor. The Catherine was detained in Barcelona despite the protest of David Humphreys, then U.S. minister to Spain (Humphreys to Urquijo, 17 Sept. 1800 [DNA: RG 59, DD, Spain, vol. 6], and Yrujo to John Marshall, 2 Jan. 1801 [DNA: RG 59, NFL, Spain, vol. 1]).

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


Title: To James Madison from Joseph McLellan, August 1802 (Abstract)
From: McLellan, Joseph
To: Madison, James

August 1802, Portland. Has received JM’s letter of 12 July [not found] enclosing a commission for him as a commissioner of bankruptcy “but must decline accepting the trust, on Account of my being so far advanced in years—& being deprived in a great measure of my eye Sight.” Wonders if the commission was meant for his son, Joseph McLellan, Jr., who is a merchant in the nearby town of Gray. “He as well as myself, are warm & Steady friends to the President,… and I have a right to suppose—he would accept the Office if appointed.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “McLellan”). 1 p.; in a clerk’s hand, signed by McLellan; docketed by Jefferson.


Title: From James Madison to Edward Livingston, 1 August 1802
From: Madison, James
To: Livingston, Edward

Sir
Dept. of State Augst. 1. 1802
I have duly recd. yours of the 28 Ult: inclosing a protest of James Hopper commander of the private English ship James, against James McCall capt: of the Diana, an American armed ship.
In the absence of the President, I can only offer my own opinion that the object in taking the bond of the latter to the U. States, makes it proper, that it should be put in suit in behalf of the former; on the condition you suggest, of security to the U. States against costs. I remain very respectfully Sir Your most Obedt. servt.
James Madison

   RC (NjP: Edward Livingston Papers); letterbook copy (DNA: RG 59, DL, vol. 14).

   Letter not found.

   For Hopper’s case, see JM to Rufus King, 28 July 1801, and King to JM, 31 Dec. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:485, 485–86 n., 2:356).


Title: To James Madison from Fulwar Skipwith, 1 August 1802
From: Skipwith, Fulwar
To: Madison, James

Sir
Paris 1 Augt. 1802
Under cover of my last letter of the 14th. March I had the honor of inclosing to you two seperate statements of the American claims in my charge, the first comprehending those commited to me while in the Office of Consul General, and the other those that have lately been placed in my hands as Agent of Claims for the United States. I informed you of my having submited both descriptions of said claims to what is called the Commission of Comptabilité Intermediaire for liquidation, who notwithstanding my daily and pressing solicitations for the final adjustment of them, I am sorry to add, have made but little progress to that effect. There has however lately been a new organization of this Commission, and a Counsellor of State, Mr. Defermond, placed at their head under the denomination of the Council of liquidation of the Public debt, and from his assurances, I hope in the course of one month more to be enabled to anoun⟨ce⟩ to you the liquidation of such Claims as are intrusted to my Agency, and have been accompanied by regular and substanti⟨al⟩ documents. Such as are not thus supported must remain unsett⟨led⟩ untill they be furnished me by the Parties concerned therein. As yet this Government maintain their long and obstinate silence on the subject of Interest, and the mode and time of making payment; but the prevailing opinion is that the Principal will be either funded on the footing of the national debt, or paid by instalments, bearing Interest, annually from one to ten years.
It was my intention, as mentioned in my letter of the 14th. March, to pass some months of this year in Virginia, but the prospect of seeing something decissive effected in the adjustment of my Countrymens claims, added to the ameliorating state of my health, has induced me to defer my project of returning to the United States.
Inclosed is an Arreté just published of the 1st. Consul fixing the duties of entry on French and foreign Colonial produce; and also I inclose a tariff of the new weights and measures of France. Some particular Ports, namely, Bordeaux, L’Orient, and Dunkerque are endeavoring to obtain of this Government the exclusive priviledge of the East India and Tobacco trade, while most of the others are remonstratring [sic] against the justice and policy of granting them. The ultimate conduct of the Government in this affair is yet doubtful.
I have the honor of sending herewith my Bond required for the performance of my official duties and am with great consideration, Sir, Your Mo Ob Servt
Fulwar Skipwith

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

   Jacques Defermon (1752–1831) was an early participant in French revolutionary politics where he gained a reputation as a financial expert. After the coup of 18 Brumaire an VIII (9–10 Nov. 1799) Defermon became president of the commission of finances within the Council of State (Tulard, Dictionnaire Napoleon, p. 582).


Title: To James Madison from Fulwar Skipwith, 1 August 1802 (Abstract)
From: Skipwith, Fulwar
To: Madison, James

1 August 1802, Paris. “The foregoing being from a very respectable merchant of Philadelphia, and on a subject in my opinion of sufficient importance to shew the expediency of there being as speedily as may be a Commercial Agent at Antwerp, I beg leave to recommend its contents to your attention.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Skipwith”).

   Skipwith wrote this note to JM on the last page of a copy of Leopold Nottnagel to Skipwith, 2 July 1802 (3 pp.; in French; docketed by Brent as enclosed in Skipwith’s 1 Aug. dispatch). Nottnagel wrote at the behest of a number of Americans in Antwerp. Using the example of the ship Voltaire, he explained that the complexity of commercial regulations at Antwerp and the merchants’ ignorance of them meant that shippers risked the confiscation of their cargoes, an action that could be avoided if a U.S. commercial agent were appointed.


Title: To James Madison from Aaron Burr, 2 August 1802
From: Burr, Aaron
To: Madison, James

Sir
Nyork 2 Augt. 1802
At the request of Col. Weissenfels I transmit the enclosed Certificate. Having served with the Colonel during the revolutionary War & knowing him to be a brave & Valuable officer, a Man of integrity & honor, I could not refuse to him this Civility. I have no personal acquaintance with Mr Baker, but from my knowledge of two of the persons attesting in his favor, I cannot doubt of the truth of their Certificate. It may be proper to add that Mr. Baker is the son in Law of Col. Weissenfels. I have the honor to be with great respect Your Ob St
A; Burr

   RC and enclosure (DLC: Jefferson Papers). Filed with JM to Jefferson, 20 Aug. 1802.

   Burr enclosed a one-page certificate, dated 30 July 1802 and signed by Frederick Weissenfels, William Tredwell, and John Casenave, attesting to John Martin Baker’s character and knowledge of English, French, Spanish, and Italian.


Title: To James Madison from Frederick Weissenfels, 2 August 1802 (Abstract)
From: Weissenfels, Frederick
To: Madison, James

2 August 1802, New York. “Permit me to recomend to your Notice and patronage the Bearer hereof my Son in Law, John Martin Baker, Whose object to your City is, to obtain an appointment from our Government, in the Consular department, your Interest Joined with the two Eminent Characters Who are engaged in his behalf, leaves not the least doubt of its Success.”

   RC (DLC: Jefferson Papers). 1 p. Filed with JM to Jefferson, 20 Aug. 1802.


Title: To James Madison from William Jarvis, 3 August 1802 (Abstract)
From: Jarvis, William
To: Madison, James

3 August 1802, Lisbon. Reports that he arrived on 1 Aug. and wrote the enclosed letter to the minister of foreign affairs the next day. Acknowledges JM’s letter of 6 May, which he received on his arrival; will “pay particular attention to the several claims against this Government for the Vessels siezed in the Brazils.” Notes that the quarantine “laid last winter” has been taken off. Has just received a letter from John J. Clark of Providence, who “acquaints me of the siezeure of his schoon⟨er⟩ Pilgrim, Saml. Staples Master, in Rio Janiero upon suspicion of intending to carry on an illicit Trade, & has requested me to pu⟨r⟩sue the business.” Both the Pilgrim and the Samuel “have been condemned for a breach of the Law of the realm.” Encloses a copy of the condemnation in the Samuel case. “I am much mortified at the situation of our Affairs with the powers of Barbary, which appear from the inclosed papers to be in the most disagreeable posture; Mr Bulkeley has to day put them into my hands; part of which he informed me he had communicated to you, but … I thought it most desireable to Copy & forward the whole, well knowing from the interest Government takes in those affairs, how desireable is the most speedy & correct information on the subject. I shall not make any remarks on any of the letters except that from Bonaventura ⟨on⟩ page 12, which it is possible might not have been any thing but a friendly Vessel.… I have agreeable to your wishes been particularly careful that Mr Bulkeley shall have no cause to complain of a want of delicacy on the part of Government or myself, of which he appears to be fully sensible.” In a postscript, notes that he is forwarding a letter just received from James Simpson.

   RC and enclosures (DNA: RG 59, CD, Lisbon, vol. 1). RC 3 pp.; docketed by Brent as received 6 Oct.

   Jarvis’s letter to João de Almeida de Mello e Castro, 2 Aug. 1802 (1 p.), announced his arrival to take up his post as U.S. consul and requested an audience.

   The enclosed translation of the 3 Dec. 1801 court decision in the case of the Samuel (1 p.) is certified by Jarvis as a true copy.

   Jarvis enclosed a twelve-page transcription of documents that included the letters Thomas Bulkeley had already sent JM (see Bulkeley to JM, 16 July 1802, n. 2) as well as Capt. Alexander Murray to Bulkeley, 18 May 1802 (printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:155), which forwarded information from Richard O’Brien at Algiers on the “Terrible Marine of the potent Algerines”; John Gavino to the U.S. minister at Lisbon, 28 June 1802; a circular letter from O’Brien, 30 June 1802; a certificate forwarded by Gavino from Charles Clarby of the ship Rose, warning of pirates in the area of the “Western Isles”; Robert Montgomery to Bulkeley, 10 July 1802, which enclosed the 16 June letter from the captain of the Fortune; and a translation of a letter from Bonaventura José Moreina to Bulkeley, 20 July 1802, describing the pendants and rigging of a probable pirate cruiser.

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


Title: To James Madison from Robert Smith, 3 August 1802 (Abstract)
From: Smith, Robert
To: Madison, James

3 August 1802, Navy Department. Acknowledges JM’s letter of 29 July and informs him that Lieutenant Chauncey will be instructed to deliver $30,000 to Algiers. “In the event of the money not being applied as intended, Commodore Morris will be instructed with respect to receiving it back.… Mr. Chauncey will also be instructed to receive and deliver the Gun carriages as you request.”

   RC (DLC); letterbook copy (DNA: RG 45, Letters to Secretary of State). RC 2 pp.; in a clerk’s hand, signed by Smith. Docketed by Brent as received 6 Aug.


Title: To James Madison from Carlos Martínez de Yrujo, 3 August 1802 (Abstract)
From: Yrujo, Carlos Martínez de
To: Madison, James

3 August 1802, Mount Pleasant. Has previously complained of the insulting and indecorous behavior of Captain Mullowny of the U.S. ship Ganges, not only in the attack and seizure of a French corsair off the coast of Cuba near Matanzas but also in having arranged the escape of his prize after entering the port of Havana. Has had no satisfactory response from the U.S. government in this matter and has received orders to renew his complaint. Hopes the U.S. will reprimand or punish the captain.

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

   See Yrujo to JM, 4 June 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:262). Charles Pinckney also relayed complaints from the Spanish government about John Mullowny (see Pinckney to JM, 6 Apr. 1802, and n. 1).


Title: To James Madison from Smith Thompson and Others, 4 August 1802
From: Thompson, Smith
To: Madison, James

Gentlemen,
Poughkeepsie 4th. August 1802.
We have observed by the public prints, that the President of the United States, has pursuant to a late Act of Congress, appointed three setts of Commissioners of Bankruptcy for this State; two in the City of New York and one in the City of Albany.
The distance between these two Cities is one hundred and sixty miles—and in the intermediate Country, on both sides of the river Hudson, are a number of flourishing Towns and Villages, particularly in the County of Dutchess. Poughkeepsie, the shire Town of Dutchess, is situated on the east bank of the Hudson, midway between the two Cities mentioned above; it is rapidly increasing in commerce & population and forms a convenient centre for transacting the business of the neighbouring Villages. Induced by these circumstances, we beg leave to offer through you an opinion to the President, that the appointment of a sett of Commissioners at this place would be an accommodation to the Citizens of the Middle parts of the state—and we take the liberty, in the event of the Presidents deeming it expedient to appoint a sett of Commissioners here, to name the following Gentlemen as suitable characters for the purpose—vizt. Col. Aaron Stockholm, who resides in the vicinity of our Village (formerly a Merchant and now one of our most respectable Farmers) And Samuel Hawkins & James Tallmadge Junr. Esquires Attornies at law of this place. All these Gentlemen are of a reputable standing in the Community, and in our Judgment highly trustworthy, and fully competent to discharge the duties which will be required of them under this appointment. And we do not hesitate to vouch for the soundness of their morals and republican principles. We have the honor to be with much respect Your most Obedt. and hume. Servants
Smith Thompson
Brockholst Livingston
Edw Livingston
Note—The two latter Gentlemen have been heretofore recommended to the president for the appointments expressed.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Stockholm”). Addressed to JM and Albert Gallatin. Docketed by Jefferson and Gallatin.

   For the names of the nine commissioners, see JM to James Fairlie, 19 June 1802. The announcement of the New York appointments was first made in the National Intelligencer, 18 June 1802.

   This request was indicative of the pressure on the Jefferson administration to appoint commissioners of bankruptcy in small towns and rural areas. Both JM and Jefferson understood the problem, but they wished to avoid the proliferation of government appointments. They considered the need for a general regulation but postponed action until the fall (Jefferson to JM, 16 Aug. and 6 Sept. 1802, and JM to Jefferson, 3 Sept. 1802).


Title: To James Madison from John Lowell, 4 August 1802 (Abstract)
From: Lowell, John
To: Madison, James

4 August 1802, Boston. “I am unacquainted with the forms which it is incumbent on me to pursue to obtain a ballance due to the Estate of my late lamented father. Perhaps the application should be to a different department, but knowing that my father had the honor of an acquaintance with you, I flattered myself that you would excuse any mistake I may make on this subject. I believe but am not certain that my father received his salary up to January last, & I now inclose an account to the time of his death.” Will be indebted to JM for informing him if “further powers or other measures” are necessary to collect “this small ballance.”

   RC and enclosures (DNA: RG 217, First Auditor’s Accounts, no. 13,696). RC 1 p.; docketed by Brent as received 10 Aug. For enclosures, see n. 2.

   John Lowell, Sr., was chief judge of the first U.S. circuit court at his death in 1802. He served in the Continental Congress with JM in 1782 and 1783.

   Lowell enclosed an account (1 p.; docketed by Brent) of salary due his father from 1 Jan. until his death on 7 May 1802 in the amount of $705.16. A note appended by a clerk in the auditor’s office explained that John Lowell, Sr., had already received his first quarter’s pay, and the sum due was adjusted to $203.30. Also enclosed was a certificate of Lowell’s appointment as administrator of his father’s estate (1 p.; docketed by Brent).


Title: To James Madison from Clement Biddle, 4 August 1802
From: Biddle, Clement
To: Madison, James

Letter not found. 4 August 1802, Philadelphia. Mentioned in Daniel Brent to Biddle, 12 Aug. 1802 (DNA: RG 59, DL, vol. 14), as a request for information about a claim for flour furnished by Thomas Truxtun to the French republic in 1794. Brent informed Biddle in JM’s absence that “a full and careful search among the Reports to this Department from our Agents at Paris” had not revealed anything about the claim.


Title: To James Madison from William Eaton, 5 August 1802 (Abstract)
From: Eaton, William
To: Madison, James

5 August 1802, Tunis. Encloses copies of letters received from chargé d’affaires at Tripoli, Captain Morris, and Hamet Pasha. Has heard from a Tripolitan merchant that the presence of the latter at Malta has excited alarm at the Tripolitan court and “Universal discontentment and revolt pervade all clases” there. “The reigning Bashaw has caused as many shirts, or robes to be constructed as he has prisoners, payed with pitch and sulpher, and he swears he will burn every American and Swede he shall have in possession the moment a shot is fired on the town. Shall such a monster live, and dictate laws to nations who could crush him!”
“This morning the Algerine Jew, Azulai, informed me that, a few days ago, letters passed through his hands from the Dey of Algiers to the Bashaw of Tripoli, demanding the immediate release of the American Captives … and that these dispatches were accompanied by letters from Mr. OBrien. I have received no communications from this Genn. since the 15. May—and, if Azulai’s statement be true, I should be at loss to account for his taciturnity on the subject with me if I did not percieve in the transaction a perseverance of the original progect of placing the affairs of the UStates in these regencies in the controle of a cordon of Algerine Jews stationed at the different capitals.… I apprehend the Dey’s claim will succede like his guarantee of the peace: it is possible however that the Bashaw’s dependence on the Dey for supplies may induce him to concede.… I have put in a claim for our prisoners in exchange for those which Commodore Dale released last summer, taking the Bashaw’s promise for seven Americans when captured.”
Notes that there is “some misunderstanding” between Hammuda Bey and the regency of Algiers, evidenced by the bey’s “having formed a camp of three thousand men which will march tomorrow towards the frontier of Constantine to observe the motions of an Algerine camp.” Reports a conversation with the bey after the Franklin’s capture: “‘You keep’ said he ‘a very close blockade before Tripoli—your frigates appear to be very vigilant—But supposing you were to undertake to blocade a thousand miles seacoast how many such vigilant frigates would you employ on the service?’ I answered this sarcasm by saying that the enemy had not much to boast of in having picked up, after more than a year’s warfare, one poor brig and nine defenceless seamen.”
Complains of lack of cooperation from Captain Murray. “The procedure of this commander respecting my measures has thrown me into great embarrassments and obvious disgrace here.” Wishes to be replaced if the U.S. government will not support his measures. “But let not my successor be an Algerine Jew.”
States that Lewis Hargreaves, whom he had named “to take charge of this office in case of my decease or necessary absence,” is moving to England; “I shall name Captain Holck, his Danish Majesty’s Consul, to this trust.” Reports “some misintelligence between the french Government and the Dey of Algiers—the English also.” Spain threatens Tunis with its “whole naval force” if the bey “persists in his demands.” The bey “answered laconically ‘Let them come.’” Has received a 16 July letter from Pulis at Malta stating that the emperor of Morocco has declared war on U.S. but hopes this information is unfounded.

   RC and enclosures (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC 4 pp.; docketed by Wagner. Printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:223–25.

   The enclosed letter to Eaton from Nicolai C. Nissen in Tripoli, 21 July 1802 (1 p.), announced the arrival of a Tripolitan corsair with Capt. Andrew Morris and eight seamen as prisoners and forwarded Morris’s letter of the same date.

   Andrew Morris was captain of the brig Franklin, which was owned by Summert and Brown of Philadelphia and was captured by three Tripolitan corsairs off Cape Palos on 17 June. In the enclosed 21 July 1802 letter (3 pp.), Morris informed Eaton of the circumstances of his capture and Nissen’s intervention on his behalf. He complained that an American frigate and a Swedish frigate off the port of Tripoli had watched the progress of the Tripolitan corsair carrying him and his crew into the port but “never made the smallest effort to obstruct our progress.” He warned that the three corsairs were ready to sail again under the command of Murad Rais. Eaton appended a note requesting that “this copy may be forwarded to Messrs. Summert and Brown.”

   In his letter to Eaton, 15 July 1802 (1 p.; in Italian), Hamet Qaramanli requested a living allowance to maintain himself in exile.

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


Title: To James Madison from Rufus King, 5 August 1802 (Abstract)
From: King, Rufus
To: Madison, James

5 August 1802, London. No. 74. Requests that the president accept his resignation and permit him to return home. Had originally intended to serve no more than four years, but the war and subsequent negotiations kept him in Great Britain for six. Believing there is “nothing very material remaining to be discussed, in which I can flatter myself with being able to render any important Service,” wishes to be relieved in April. Asks permission to transport his family and personal possessions in a U.S. frigate, which would be safer and less expensive than passage in a private ship.

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 2 pp.; in a clerk’s hand, signed by King; docketed by Brent as received 27 Sept. Printed in King, Life and Correspondence of Rufus King, 4:154–55.

   King was frustrated by the Jefferson administration’s refusal to begin negotiations to revise the soon-to-expire commercial provisions of the Jay treaty. Realizing he had little influence with Jefferson and JM, he complained to Alexander Hamilton that he was not willing to be “a mere figurant” of the administration. Hamilton advised him to return home. In December 1802 JM sent King official permission to return (King to Hamilton, 8 Apr. 1802, Syrett and Cooke, Papers of HamiltonHarold C. Syrett and Jacob E. Cooke, eds., The Papers of Alexander Hamilton (26 vols.; New York, 1961–79)., 25:598; Hamilton to King, 3 June 1802, and JM to King, 16 Dec. 1802, King, Life and Correspondence of Rufus King, 4:132, 200).


Title: To James Madison from Rufus King, 5 August 1802 (Abstract)
From: King, Rufus
To: Madison, James

5 August 1802, London. Suggests that if the president consents to his return to the U.S., the same public ship could bring his successor and return King home. Realizes it is unlikely a frigate from the Mediterranean would be convenient, since “coming from that Quarter she might be liable to perform Quarantine which would occasion a long detention, as well as great Expense.” Requests to be informed as soon as possible of the president’s decision so that he might make arrangements to decrease his baggage if a public ship cannot be made available. Also requests that Nicholas Low of New York be notified so that if necessary “he may execute a Provisional Order I have given him, to prepare and send from New York a Vessel to carry me and my family home.” In a postscript asks to be allowed to bring home “a few Sheep of the Breeds most esteemed here” and his carriage horses if a public vessel is sent.

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 2 pp.; marked private and duplicate; in a clerk’s hand; docketed by Brent. Printed in King, Life and Correspondence of Rufus King, 4:155–56.

   JM refused King the use of a public ship for his return home. Although the stated reason was that “the Quarantine obstacle which you suggest to the return of our Frigates from the Mediterranean by way of England, cuts off the only resource which it is supposed could be made anywise consistent with the public conveniency,” the real reason was given by Jefferson in a letter to James Monroe some months later—”to reform the prodigalities of our predecessors” (JM to King, 9 Oct. 1802 [typescript supplied by James G. King, New York, N.Y., 1959]; Jefferson to Monroe, 13 Jan. 1803, Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:191).

   Nicholas Low was a New York merchant and King’s financial agent. He had been a director of the Bank of New York, a director of the New York Office of Discount and Deposit of the Bank of the United States, and from 1793 to 1801 supervisor of the revenue for New York (Syrett and Cooke, Papers of HamiltonHarold C. Syrett and Jacob E. Cooke, eds., The Papers of Alexander Hamilton (26 vols.; New York, 1961–79)., 26:27 and n. 3).


Title: To James Madison from George Washington McElroy, 5 August 1802 (Abstract)
From: McElroy, George Washington
To: Madison, James

5 August 1802, Philadelphia. Urgent personal business required his “leaving without permission my place of residence to return in about six weeks.” Reports that he was received with courtesy and attention in Tenerife by the governor; has consequently forwarded his exequatur to Madrid “to be recognized at Coart [sic].” Wishes consuls had “some defined instructions printed and signed by the Secy. of state to be placed in a conspicuous part of their offices; specifying their duties in an official capacity toward Masters of vessels, as also that of Capns. toward Consuls,… as I am sorry to observe o⟨ur⟩ Captains Alone have assumed to themselves the liberty of abusing Consuls in the most shocking manner.” Such conduct toward consuls “affords food for a number of English emissaries … to render ⟨our⟩ republic contemptable in the eyes of other nations,” and it reflects badly on the honor of the U.S. government. “Mr. Ralph Fuentes formerly acting pro-Consul … declined acting as vice Consul, and my intention is to appoint Mr. Robert Power of Sta. Cruz Teneriffe a Merchant much respected.”

   RC (DNA: RG 59, CD, Tenerife, vol. 1). 3 pp.; docketed by Brent as received 9 Aug.

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


Title: From James Madison to Willink and Van Staphorst, 6 August 1802
From: Madison, James
To: Willink and Van Staphorst

Gentlemen,
Department of State August 6th. 1802
I have this day drawn upon you, at fourteen days sight, in favour of Thomas T. Tucker Esq Treasurer of the United States, for twenty thousand current Guilders, being the sum received from the Batavian Government on account of the condemnation of the cargo of the ship Wilmington Packet, at St Martins, on the 30th Sept. 1793 and placed by Mr Murray late Minister Resident of the United States at the Hague, in the Hands of Messrs. Wilhem and Jan Willink, Nicholas and Jacob Van Staphorst and Hubbard, bankers of the United States at Amsterdam, on the 19th January 1800: and I request you to honor my bill without further advice. With much respect I am &
James Madison

   Letterbook copy (DNA: RG 59, IC, vol. 1); letterbook copy (DNA: RG 59, DL, vol. 14).