Title: To James Madison from Robert R. Livingston, 13 January 1802
From: Livingston, Robert R.
To: Madison, James

Dear Sir,
Paris 13th. January 1802
My former letters left you little doubt on the subject of the cession of Louisiana, by the enclosed copy of the late treaty between France & Spain you will find that it is a transaction of pretty long standing.
The absence of the minister, prevents my applying to him for the former treaty, which he will hardly know how to give me after absolutely denying that any had been formed on the subject. By the secrecy and duplicity practised, relative to this object, it is clear to me that they apprehend some opposition on the part of America, to their plans; I have however, upon all occasions, declared that as long as France conforms to the existing treaty between us & Spain the Government of the United States does not consider herself as having any interest in opposing the exchange. The evil our country has suffered by their rupture with France is not to be calculated. We have become an object of jealousy both to the government and people. The reluctance we have shewn to a renewal of the treaty of 1778 has created many suspicions—among other absurd ones—they believe seriously that we have an eye to the conquest of their islands. This business of Louisiana also originated in that & they say expressly that they could have had no pretence, so far as related to the Floridas, to make this exchange had the treaty been renewed; since by the 6th. Article they were expressly prohibited from touching the Floridas. I own I have always considered this article & the guarantee of our independance, as more important to us, than the guarantee of the islands was to France; & the sacrifices we have made, of an immense claim, to get rid of it, as a dead loss. We must calculate upon every effort from every maritime power in Europe to diminish our commerce. France has already excluded us from her Affrican Colonies—her premiums will exclude our Oil—And her heavy duties upon Tobacco, in foreign bottoms, will prevent our carrying that article for ourselves. She refuses to naturalize our ships, so that a very large capital, in that article, will sink in our hands. The American government have it in their power to counter act these measures—but they must do it instantly and decidedly; so as to shew that measures of hostility to her commerce will not produce the effect contemplated by the nations of Europe. Let the United States impose a duty upon specific articles of her own produce, exported in foreign bottoms, equivalent to the difference of dutey paid in Europe on such Articles when imported in American or National Vessels. This will secure to us the carriage of our own articles; first, because we can carry cheaper—and second because this duty being paid in advance imposes a greater burthen than one that is paid out of the sale of the produce.
On the subject of our debts &c. I have nothing encouraging, the fact is that the government are, at this moment, at their shifts for money. They are three months in advance upon their next years revenue and have borrowed money from Spain for their West India expedition. They seem to know little, or care little about public faith or credit. The old taxes are continued and they are afraid to introduce new. Their whole system of finance reduces itself to plans not for the payment but the extinguishment of the debt. Enclosed is a note which I have sent in on the subject of our claims, the Ministers absence renders it impossible that I should Obtain an answer in some time. I have also prepared one on the subject of prizes which will be put in on his return. Tho I promise myself little effect from these, yet it is proper that it should be known in America that nothing is neglected on the part of Government to satisfy the just demands of our Merchants.
The First Consul is gone to Lyons—several of his laws have been rejected & it is generally understood that the concordat in which he greatly interests himself will not pass on account of its establishing a religion or rather because it requires 60,000,000 livers of annual income. In consequence of the rejection of some part of the civil code—the whole has been withdrawn by him. And a very important question is now in agitation, upon the decision of which many consider the independence of the popular part of the constitution to rest. The Tribunal and Corps Legislatif are to change one fifth of their Members this year—but how—has not been determined. It is said the Senate conservateur are to direct who are to go out. If so, it is obvious that all the opponents of Administration will be selected, and they already declare that they expect to be removed. I only give you common reports for I purposely avoid any sort of connection with party-men, or interference with party-measures—with which we have nothing to do. Though these circumstances create some murmurs & discontents, yet on the whole I think the Government is pleasing to the people; nor is there, in my opinion, any probability of a change more to the side of democracy, during the life of the First Consul.
Bread and every article of life, is very dear—the paper money seems to have given a rise which the introduction of specie has not reduced. I enclose my quarterly accounts commencing the 23d. of September the day I left my own house—stating the dollars at five livers eight sous the price fixed by former ordinances of Congress. If there is any other rule be pleased to inform me & I will govern myself by it. In the money I am obliged to draw on my private account, which will be the double of my salary, I shall be a considerable looser as the exchange is very much in favor of this place with all the World & particularly so with America.
The Floods have continued during the whole winter to damage all this quarter of Europe and a scarcity of bread is to be apprehended for the next year.
Tho a number of Vessels have arrived I have not recd. a single paper from the custom-houses—be so obliging as to direct them to enclose them weekly & send them by every conveyance for any port in France. I have the honor to be with the highest esteem and respect—Dear Sir your Most Obt hum: Servt
Robt R Livingston
P. S: I have this day recd a letter from Mr. King informing me that he has closed his Treaty of composition for the debts & that the board will again commence its sessions &c. I find with pain that Mr. Vail is removed from the commercial agentcy of L Orient. I hope when my former letters ar[r]ive that he will be reinstated & some other provission made for Paterson. Vail is a very esstimable man, a decided republican, & has extensive & valuable connections in L Orient & other parts of France & has been extreamly useful to us during the war.

   RC (DNA: RG 59, DD, France, vol. 8); partial draft (NHi: Livingston Papers); letterbook copy and copy of one enclosure (NHi: Livingston Papers, vol. 1). RC in a clerk’s hand, except for Livingston’s signature and postscript. Unless otherwise noted, italicized words are those encoded by Livingston’s secretary and decoded here by the editors. RC decoded interlinearly in pencil by JM. A note on the draft in Sumter’s hand reads: “Copy sent 15th. January 1802 by Mr. Mathew Randall to Bordeaux with a copy of the treaty of the 5th. March 1801. between France & Spain a note on the subject of the american claims & the Moniteurs to 25th. Nivose—also the Ministers Act. to the 23d. Der. 1801.” Minor differences between the copies have not been noted. For surviving copy of enclosure (4 pp.), see n. 4.

   The copy of the Treaty of Aranjuez sent by Livingston has not been found. Rufus King had already sent JM an approximate text (King to JM, 20 Nov. 1801, and n. 1).

   In article 6 of the 1778 Treaty of Alliance, France renounced possession of Bermuda and any part of the North American continent that before or as a result of the 1763 Treaty of Paris was acknowledged as belonging to Great Britain or the colonies (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:38).

   Livingston referred to article 11 of the 1778 treaty, wherein the U.S. undertook to guarantee to France its North American possessions in return for French guarantees of American independence (ibid., 2:39–40).

   Livingston wrote to Talleyrand on 12 Jan. 1802 requesting assurances on the right of deposit at New Orleans and a speedy resolution of claims by American citizens for debts incurred by the French government (RC, AAE: Political Correspondence, U.S., 54:26–30; letterbook copy, NHi: Livingston Papers, vol. 1).

   Draft ends here; remaining page or pages have not been found.

   The Concordat of 1801 provided for the payment of priests’ salaries by the French government.

   Underlined in RC.

   Underlined in RC.


Title: From James Madison to the Speaker of the House of Representatives, 13 January 1802 (Abstract)
From: Madison, James
To: Speaker of the House of Representatives

13 January 1802, Department of State, Washington. In response to the House resolution of 24 Dec. 1801, encloses three acts of the Northwest Territory—”An Act levying a territorial tax on land,” “An Act to regulate county levies,” and “An Act supplementary to the Act, entitled, ‘An Act laying a territorial tax on land’”—and, for the Indiana Territory, “A law supplemental to a law to regulate county levies, adopted from the Pennsylvania Code, and published at St. Vincennes the 19 Jany. 1801, by William Henry Harrison, Governor.”

   RC and enclosures (DNA: RG 233, Reports and Communications from the Secretary of State, 7A-E1.1); Tr (DNA: RG 233, Transcribed Reports and Communications from the Secretary of State, 5C-B1). RC 2 pp.; in Wagner’s hand, signed by JM. Enclosures 92 pp. RC and enclosures printed in Letter from the Secretary of State, Accompanying Certain Laws of the Northwestern and Indiana Territories … (Washington, 1802; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols. to date; New York, 1958—). 3298). Communicated to the House of Representatives, 14 Jan. 1802 (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 1st sess., 422).

   John Beckley had sent JM an extract from the House journal, dated 24 Dec. 1801, that directed the secretary of state to provide “the laws of the North Western and Indiana Territories imposing taxes on the lands of non residents” (DNA: RG 59, ML).


Title: To James Madison from Edward Jones, 13 January 1802 (Abstract)
From: Jones, Edward
To: Madison, James

13 January 1802, Pointe-à-Pitre. Reports that since his [2] Jan. letter the island has remained quiet and has a new governor, Roustanenq. Jones has obtained clothes and provisions for invalid seaman Thomas Budd, discharged from the British man-of-war Leviathan, and has sent him to Wilmington, North Carolina. Fears many similar applications if British discharge seamen in Windward Islands. Asks for JM’s directions in such cases. Congressional provision of twelve cents a day for distressed seamen is too little since daily hospital fee is one dollar. In a postscript lists his expenses on Budd’s behalf, totaling $23.33.

   RC (DNA: RG 59, CD, Guadeloupe, vol. 1). 2 pp. Copy of RC (ibid.), sent with Jones’s 8 Feb. dispatch, is datelined Port de la Liberté.

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


Title: From James Madison to John Quincy Adams, 14 January 1802
From: Madison, James
To: Adams, John Quincy

Washington Jany. 1⟨4.⟩ 1802
J. Madison presents his respects to Mr. Adams and incloses a letter just recd. from Mr. Randolph in answer to the letter from Mr. Adams, lately forwarded in one from Mr. M. to Mr. R.

   RC and enclosure (MHi: Adams Papers). RC docketed by Adams. For enclosure, see n. 1.

   Edmund Randolph to Adams, 9 Jan. 1802 (1 p.; cover marked by Randolph: “To be read by the secretary of state”; docketed by Adams as received 19 Jan.). Randolph assured Adams that he would inquire into the matter of Adams’s accounts as soon as he had an opportunity to consult the records (The Adams Papers [MHi microfilm ed.], reel 401; see Adams to JM, 28 Dec. 1801, and n. 1).

   JM’s letter to Randolph has not been found.


Title: To James Madison from James Monroe, 14 January 1802
From: Monroe, James
To: Madison, James

Dear Sir
Richmond Jany 14. 1802.
It is particularly grateful to me to hear by yr. letter of the 8th. instt. that my communication to the legislature has yr. approbation. It is in the power of the President & Executives of the States who are republican, to open a cause to the people which has heretofore been obscured by a cloud, or if seen, branded as jacobinic. This may be done without even looking at the weak and unworthy characters who have gone before, and who perverted the trust reposed in them to very different purposes. I have little doubt that that cause will be better understood and become more popular daily. The President has acquitted himself ⟨we⟩ll. His indeed was a very extry. communication from his place, as the course of proceeding resulting from it must be in the Congress. The former gentry will find themselves in a strange dilemma compelled to admit abuses, by sanctioning reforms which they cannot oppose; guilt becomes afflicting even to the most guilty when it is detected & exposed.
Mr. Purviance was bred to commerce not to the Law; yet having an active mind, free from dissipation, he appears to have read on most subjects, perhaps less on the law than others. For many years he has enjoyed ⟨a⟩ delicate state of health which has made him more sedentary than he probably otherwise wod. have been. He is diffident, modest, or rather a meek character, tho firm in his pursuits & principles: no person can be more so. His knowledge of the principles & details of commerce, and the forms connected with it must be very comprehensive and accurate. His mind is an enlarged one, his judgment sound: in certain cases he might overrate difficulties and want enterprise, but few men would be less apt to want prudence or to take a wrong course when he did act. He is honorable, upright, possessed of generous feelings, and capable of warm friendships. There are many stations for which he might not be fully qualified: for such he wod. not be thought of, as others who are better known wod. have stronger pretentions. But for those which are secondary (I mean in reference to the hig[h]est grades) in almost any line, I think him well qualified. His style is correct, and certainly much above that which is used in the ordinary course of business. I send you a specim⟨en⟩ of it in a letter addressed to me sometime since, which you will be so good as return after perusing it. I informd him that I had written to Mr. Jefferson & yrself as he desired but had recd. no answers to those letters, it not being usual to give any. I shall certainly say nothing as to the present enquiry. Our best regards to Mrs. Madison. Very sincerely I am your friend & servt
Jas. Monroe

   RC (ViHi).


Title: To James Madison from Peter Dobell, 14 January 1802 (Abstract)
From: Dobell, Peter
To: Madison, James

14 January 1802, Bordeaux. Has returned from Le Havre to arrange his private concerns. Communicates some observations on difficulty of complying with JM’s 10 June instructions. Shipmasters are averse to presenting their papers to consuls in spite of frequent solicitations. This necessitates his acquiring secondhand information from customhouse clerks “who are frequently, both exceedingly inaccurate, and uncivil” and “conceive it a fav⟨or⟩ to permit a copy of their notes.” Urges that consuls be legally empowered to examine ships’ documents, as the sale and circulation of forged American papers has given Europeans “a contemptuous opinion, of our national chara⟨cter⟩ and good faith.” Reports that in its exequatur for him the French government limited his authority to the lower Seine. Skipwith applied on his behalf for an extension to enable him to appoint agents at smaller ports. Encloses Talleyrand’s reply for JM’s “consideration & decision.” Forwards Paris papers and copies of Le Havre Courrier Maritime containing information on the formidable force going to Saint-Domingue: twenty-five thousand men have sailed from Brest, three thousand from La Rochelle, six thousand from Le Havre, and five or six thousand from Lorient. It has been hinted that not all are intended for the West Indies. The cession of New Orleans to France is positively asserted, and Dobell has “been private⟨ly⟩ informed, that they contemplate an attack up⟨on⟩ our Western Territory.” Cannot vouch for accuracy of report but could not “pass it in silence.” Adds that large supplies of flour have arrived at Bordeaux and every French ship bound for the West Indies is required to carry some flour for the army.

   RC (DNA: RG 59, CD, Bordeaux, vol. 1). 4 pp. Enclosure not found.

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


Title: To James Madison from William Foster, 14 January 1802 (Abstract)
From: Foster, William
To: Madison, James

14 January 1802, Boston. States that at the end of the Adams administration his son-in-law, Otis, had obtained an appointment for his son, William Foster, Jr., at Morlaix but it was never confirmed. Does not want “this paltry appointment” to be confirmed and solicits “your friendship in Obtaining from our worthy President an appointment in North or South France as Commercial agent or in Spain say Cadiz or Malaga.” Says that his son has “a good heart pleasing manners & sound republican principles.” Asks JM to “excuse this trouble tis the first request I have ever made.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Foster”). 2 pp.; docketed by Jefferson as received 25 Jan. JM forwarded this letter to Jefferson together with his own note stating: “Wm. Foster jr. was named by Mr. Adams to the Senate who concurred; but no commission was issued. He was of the State of Massachusetts.” JM’s note, docketed by Jefferson on the verso, “Foster, Wm. junr. to be Commerl. Agent Morlaix,” is misfiled with an 1810 letter from William Foster, Jr. (see PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (2 vols. to date; Charlottesville, Va., 1984—)., 2:248 n.).

   Boston Republican merchant William Foster’s daughter Sally was the wife of Federalist Harrison Gray Otis. Adams had nominated the younger Foster to be commercial agent at Morlaix on 18 Feb. 1801, but Jefferson, considering him a “midnight appointment,” left the post vacant. William Lee recommended Foster, Jr., for the consulship at Nantes in 1803 (Samuel Eliot Morison, Harrison Gray Otis, 1765–1848: The Urbane Federalist [Boston, 1969], pp. 57, 85, 208; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:382–83; Jefferson’s list of appointments, 1801–3 [DLC: Jefferson Papers]; Lee to JM, 20 Jan. 1803 [DNA: RG 59, LAR, 1801–9]).


Title: From James Madison to Jedediah Huntington, 15 January 1802
From: Madison, James
To: Huntington, Jedediah

Sir
Department of State, January 15th. 1802.
Letters which I yesterday received from the American Consul at Havana announce that the ports of the Island of Cuba were on the 25th Ult. closed against the admission of American and other foreign vessels. In an interview however, which the Consul had with the Governor, the latter unequivocally assured him, “that every possible indulgence and relief will still be extended to those vessels which might arrive under the expectation of finding the ports open; tho’ in a manner not to be public, but to be understood between themselves. The Governor also assured him “that it was intended that every door that was practicable should be left open for the adjustment of old concerns.” As part of this information, tho’ of a private nature, is highly interesting to the traders to the Island of Cuba, I have thought fit to communicate it to you, in order that you might extend the knowledge of it among those concerned, in such a reserved manner as corresponds with the nature of the communication. I am, Sir, very respectfully your most Obt. Sert.
James Madison

   RC (NN). In a clerk’s hand; signed by JM. Huntington was the port collector at New London, Connecticut. Copies of this letter were probably sent to collectors in other ports as well. The information in the first sentence of the letter was published in the National Intelligencer, 18 Jan. 1802.

   John Morton to JM, 25 and 26 Dec. 1801.


Title: To James Madison from Thomas Appleton, 15 January 1802 (Abstract)
From: Appleton, Thomas
To: Madison, James

15 January 1802, Leghorn. Encloses a list of American vessels in port during the past year [not found], a statement of his expenditures for distressed seamen during the same period [not found], a copy of the Napoleonic constitution accepted by the Republic of Lucca, and an estimate of the empire’s losses during the war. Reduced number of American ships in port results from the British blockade and apprehensions of war with Tripoli. Attributes heavy expenditures for distressed seamen, amounting to $279.60, to their influx from Naples, Ancona, and Trieste. Before his arrival in 1798 only 23 American ships had traded at Leghorn; from 1798 to the present 152 have done so. Reviews his actions since his arrival, which he believes have increased U.S. trade with both Italy and the West Indies. Prompt acceptance by Lucca of its new constitution shows the extent to which Italy is dependent on France. The Luccan government, fearing annexation to a neighbor, would have accepted any constitution; and the present one is less restrictive politically than the former. The council at Lyons is waiting for Napoleon’s delayed arrival before beginning deliberations. “The remainder of Italy tranquilly waits the fate which may be allotted to them. The Pope is of all the sovereigns the least Apprehensive of any innovations in his temporal power, and may in truth remain so, a⟨s⟩ long As it shall be Necessary to sacrifise the politic⟨al⟩ interest ⟨o⟩f france to religious prejudices.” Naples has abused French indulgence and will be subject to “vengeance” should attitudes in Paris change. In Etruria “the utmost tranquility prevails.” The king is “most pacifick,” and the French ambassador “governs with the greatest ⟨mo⟩deration.” The king of Sardinia “has become a host of the King of the two Sicilies at Palermo: and appears to have found in devotion a solace for the calamities he endures.” In a postscript, summarizes his diligence in office and repeats his request of 28 Sept. 1801 that he be appointed naval agent, adding that he is the “only Consul of 18 in this place who is not charged with ⟨the⟩ Concerns of the Marine of their Nation” and “the alone Consul from the United States ⟨in⟩ the Mediteranean who has experienced this disgrace.”

   RC and enclosures (DNA: RG 59, CD, Leghorn, vol. 1). RC 11 pp. Enclosures are an English translation of the constitution of Lucca (11 pp.) and “Losses the Empire has sustained during the present war with france” (2 pp.), listing property and revenue.

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


Title: To James Madison from Peder Blicherolsen, 16 January 1802
From: Blicherolsen, Peder
To: Madison, James

Sir
Philadelphia 16th. of January 1802.
In recommending the contents of the inclosed letter to Your impartial examination and protection, and after having yielded to the imperious claims of official duty, i beg leave Sir, to attend also to those of a nature more dear to me, and to avail myself of this opportunity to offer to You and to Your highly amiable Lady my warm and respectfull thanks for the hospitable and friendly treatment You honored me with during my last stay at the federal City. Though illness prevented me partly from enjoying Your kindness to that degree, and from cultivating it with that assiduity, i should have wished, yet my sufferings did not in the least weaken the full sense of obligation, which You impressed on my mind, where it will remain without alteration.
I beg You will be good enough Sir to present my most respectfull homage to Madame Madison, and receive Yourself the assurances of high regard with which i have the honor to be Sir Your most obedient and humble servant
Blicherolsen

[Enclosure]
Sir.
Philadelphia 16th. of January 1802.
Mr. Soderstrom has had the honor of writing to You on the subject of the Danish Schooner Mercator, which was unlawfully captured on the high seas by Captain Maley of the United States armed Schooner Experiment, and afterwards lost by capture from a British armed Vessel, while under the protection of the American flag. He represented to You, that Captain Maley being out of the United States and in a State of insolvency, it was impossible for the owner of the captured property to seek his redress against him, and requested that this Government would point out some mode, by which satisfaction might be obtained.
In this state of things, Sir, it becomes my duty to interfere on behalf of one of His Majestys subjects, who appears to have greatly suffered in consequence of such conduct of a commissioned Officer of the United States. The American Government cannot but be sensible, that the capture of that Vessel was an unjustifiable violation of the flag of a friendly Nation, and that a reparation is due to the party injuried. Permit me therefore Sir, to urge Mr. Soderstroms request, that some mode may be pointed out by which the amount of this loss may be ascertained, so that the party may receive full and complete reparation for the injury which he has sustained. I am with great respect Sir Your most obedient humble servant
Blicherolsen

   RC (DLC); enclosure (DNA: RG 59, NFL, Denmark, vol. 1).

   For details on the case, see Söderström to JM, 10 June 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:290–95).


Title: To James Madison from Hans Rudolph Saabye, 16 January 1802 (Abstract)
From: Saabye, Hans Rudolph
To: Madison, James

16 January 1802, Copenhagen. Last wrote on 15 Aug. since when Denmark has acceded to treaty between Great Britain and Russia. Danish and British officials have been sent to West Indies to arrange transfer of islands. Acknowledges JM’s 1 Aug. circular letter and notes its instructions regarding ships bought in his district by U.S. citizens; has not hitherto thought himself authorized to grant registers or sea letters to such ships. U.S. health certificates having been trusted, U.S. ships and crews have not been quarantined. Encloses translation of Danish health and quarantine regulations circulated to regional magistrates by the royal chancery; asks JM to make known requirement of special certificates for cotton and similar commodities. Semiannual shipping reports will not be perfectly accurate until captains are required to declare cargoes and destinations. Encloses semiannual shipping report [not found]. Has charged no expenses to U.S. and will not do so; aims only for deserving confidence with which he has been honored. Captains have tried to discharge seamen at Copenhagen, but he has been able to prevent it. Believes there should be laws to govern both parties in such cases as well as laws to require captains to show papers to consuls, which would prevent use of false papers.

   RC and enclosure (DNA: RG 59, CD, Copenhagen, vol. 1). RC 4 pp. Enclosure 3 pp. Extract from enclosure printed in National Intelligencer, 9 Apr. 1802.

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


Title: To James Madison from James Barbour, 17 January 1802
From: Barbour, James
To: Madison, James

Dr Sir
Garrard County near Danvill⟨e⟩ Kentucky Jany. 17th. 1802
Some of Colo. Geo. Masons Surveys Caveated by Geo. Wilson has been Tryd here wherein Mason was Successfull. Joseph Daviess who was Wilson Attorney here & bought him out appeald & followed the appeal himself & says he plead his own cause & has said he has heard that the Feoderal Court has reversed the judgmt. of this Court & given him the Land. After the Death of your father I had the Caveat against him revived in Bardstown District Court where it was at his Death, since the revival Joseph Daviess has brought the Caveat anew in the Feoderal in his own name. James Hughs our Attorney or one of them has desired me to write to you to inform you of the Circumstances least Daviess shoud endeavor to take some advantage of you. I told him I believed there was no danger as you woud not do any thing Rashly. I shall here inclose some of Colo. Geo. Masons Observations which I think Very good & cannot believe that if the Court at Washington know the law will reverse Masons judgmt. Mr. Hughs Says he Shall most certainly get a judgmt against Wilson here & as the revival of the suit was made before Daviess brought his Suit in the Circuit Court it cannot effect it, it will not be amiss to shew these observations to Masons Lawers even if the Decision is made perhaps the Court will reconsider it. I have seen the Presidents Communications we are much pleased with them here. I have also seen some debates between Giles & Bayard. I hope from the great Majority of Republicans in the House of Delegates they will be able to make every necessary enquiery into the Conduct of those defaulters. I wish much to hear that the Cooper will be calld to account for the Staves he received paymt for & Mr. Lee for his Ore bank. I think it now morally impossible that we shall go rong—however you do not all please Mr. Daviess the Gent. I have before mentioned he told me that he had been to See all the great men even Mr. Adams & notwithstanding he approvd. of his admini[s]tration he dose not think him a great man. I am Dr Sir with every Sentimt of esteem your Very Hum Set.
Jas. Barbour

   RC and enclosure (DLC). For the enclosure, see n. 3.

   On JM’s interest in the Wilson v. Mason land controversy, see Joseph Hamilton Daveiss to JM, 4 Nov. 1801, and nn.

   James Hughes was a prominent land-case attorney in Kentucky (Lewis Collins, Collins’ Historical Sketches of Kentucky: History of Kentucky … [rev. ed.; 2 vols.; Covington, Ky., 1878], 1:498).

   Barbour enclosed an undated memorandum (1 p.), which he docketed as “Masons Observations” (dated 1792 in the Index to the James Madison Papers; printed at January 1787 in Rutland, Papers of George Mason, 3:867–68). The memorandum argued that under the Virginia land law of 1779 Wilson had no grounds for filing his caveat against Mason’s survey. On the verso, Barbour wrote: “Wilson knew of our Surveys being made & haveing free Access to the Surveyors Office in all papers & Books there, indeed the Surveyor was Benefited by such Indulgeance as he was to have a part of all the Vacant lands they discoverd he had our Surveys to make his Entry by, this was proved on the tryal between Mason & Wilson by the young men in the Office one of them declared that this business was done in a late hour of the Night & that he held the Candle to give them light.”

   In mid-December 1801 William Branch Giles, James A. Bayard, and others had exchanged views on Joseph Nicholson’s House resolution calling for an investigation into the expenditure of federal funds by government officials (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 1st sess., 319–24).

   This may have been a humorous reference to Gen. James Lloyd (Wagner to JM, 7 Sept. 1801, and n. 6; Jefferson to JM, 12 Sept. 1801).


Title: To James Madison from James Tilton, 17 January 1802
From: Tilton, James
To: Madison, James

Sir,
Wilmington (Delaware) 17 Jany. 1802.
You have probably heard of the disturbed condition of Delaware, on account of the governor elect. The republican representatives, at this time engaged in the discussion of the governor’s election, have deemed it interesting to their cause, that a true state of the case should be well understood, at the seat of the federal government. They have therefore ordered some extracts of their proceedings to be printed, at this place (having no press at Dover) and that no time may be lost, have requested me to enclose you copies thereof. Without commenting on these transactions, I will only add, that although from the face of them, it would seem as if this litigation was ended, yet we have abundant reason to apprehend, that some desperate effort will be made, to displace Col: Hall & usurp the government. With great respect, I have the honor to be Sir, Your most obt. Servt.
James Tilton

   RC (DLC). Docketed by JM.

   No copy of the printed extracts has been found.

   A Wilmington physician and prominent Republican, James Tilton had served in the Continental Congress from 1783 to 1785 and was commissioner of loans in Delaware from 1785 to 1801 (Munroe, Federalist Delaware, pp. 177–78, 213).


Title: To James Madison from Stevens Thomson Mason, 17 January 1802 (Abstract)
From: Mason, Stevens Thomson
To: Madison, James

17 January 1802, Jersey Avenue. Encloses letter from Dr. Dinmore; believes “he is very competent to the office he solicits” but adds, “I have heard of other candidates of equal merits and fitness, among these I have been requested to mention the name of Mr Robert Monroe of this City.”

   RC and enclosure (DNA: RG 59, LAR, 1801–9, filed under “Dinmore”). RC 1 p.; docketed by Jefferson, “S. T. Mason to J. Madison / Dinmore / Monroe / to be librarian.” Enclosure is Richard Dinmore to JM, 16 Jan. 1802 (1 p.; docketed by Jefferson, “Dinmore to mr. Madison / to be librarian”).

   Dinmore sought the position of librarian of Congress. On 11 Jan. 1802 the Senate had passed a bill establishing a library for the use of both houses of Congress. After some negotiations with the House of Representatives, the bill passed in its final form on 22 Jan. One week later Jefferson appointed his friend and former Republican campaign manager, John Beckley, to serve as librarian in addition to his duties as clerk of the House of Representatives (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 1st sess., 42, 145; Edmund Berkeley and Dorothy Smith Berkeley, “The First Librarian of Congress, John Beckley,” Quarterly Journal of the Library of Congress, 32 [1975]: 83, 94; National Intelligencer, 5 Feb. 1802).


Title: To James Madison from Caesar A. Rodney, 18 January 1802
From: Rodney, Caesar A.
To: Madison, James

Honored & Dear Sir,
Dover Monday Morng. Jany. 18th. 1802.
I had the pleasure of receiving your letter of the 1st inst: on the 5th. of this month. I waited at Wilmington for its’ arrival, considering it essential that I should hear from Government before my departure for this place, in order that arrangements might be made corr⟨es⟩pondent with the advice received. Permit me to express my sincere thanks for the confidence you have reposed in us who act in this quarter, & particularly as it relates to myself. I trust that in no one step which we have taken on this interesting occasion (which like comparing M⟨antu?⟩a to Rome, has resembled the late contest in the General government) have we forfeited any part of it. The scene acted in Dover for some days past really resembled in miniature, the more important one at Washington & I feel extremely happy in being able to communic⟨a⟩te to you at this moment the agreeable intelligence that I consider the opposition to Col: Hall’s election as at an end. I have not written to you thro the progress of the business least I should have led you into an error as to the result for at various stages it has presented different aspects to our veiw. The edition you have of the State constitutions tho’ printed since the adoption of our new constitution does not contain it, & I referred to the laws of our State in two volumes which have been transmitted to your office & in which you will find our present constitution. The construction we all put on it here, was that if they set aside the election they were bound to order a new one. With the reasons for this opinion I shall not trouble you merely observing that if the constitution gives them the power to set aside an election, it necessarily & ex vi termini vests them with the authority of ordering a new one.
Their object was however to turn Col: Hall out & put Genl. Mitchell in. In all the attempts which they have made on this subject we have at len[g]th foiled them. Our constitution allows two weeks of the session to elapse before the Governor is installed. This time was intended to have given an opportunity of contesting it. A week elapsed before their petitions appeared in our house. Upon enquiry the Speaker of the Senate to whom they ought to have been delivered over, had not received the returns from New-Castle & Sussex Counties. I enclose you an official detail of this business but suppose it must be already in your possession. After getting sufficient evidence before Senate of the loss of the returns from N. Castle & Sussex Counties the Duplicates were received agreeably to the constitution. ⟨A⟩ Resolution passed our house on we[d]nesday last sent down from the Senate for a joint meeting. I enclose you also the proceedings on the occasion. On friday a resolution was adopted by our house (tho opposed by the Republicans by a set of resolutions a copy of which I enclose you), for a committee of elections & the persons were nominated. The Senate however next morning rejected the proposition of our house & absolutely refused to go into a committee of elections. Our Senate you know consists of nine members. The late Speaker Dr. James Sykes acting at present as Governor does not sit. D. Rogers one of their men is in the chair. The three members from our County & my Cousin John Vining formerly in Congress & whom you very well know made the majority on the floor who opposed in the Senate the going into a committee of elections on their part. Mr. Vining tho’ as you must know a decided Federalist has acted throughout all this serious business in a manner which does him infinite honor. He has saved our State from a convulsion & stood in the gap which rescued us from passive obedience & non-resistance on the one side or an appeal to force against Tyranny on the other. He will receive I am sure the thanks of every thinking man for such conduct. Every in[s]trument every engine was employed to alter his purpose without success. The honest influence which the ties of relationship & friendship have given me over him enabled me to defeat them on every ground & to meet them at every avenue they pursued. To morrow Col: Hall will undoubtedly be sworn into office. I find from the news-papers & from other sources of information the business has excited some anxiety at Washington & I am happy to be able to anounce the triumph of Republicanism. Firmness & prudence have gained us the victory. At some periods the times were trying, the cloud looked black & there was no such thing as devining upon whose head the lightning would fall.
Our Governor will deliver on his installation a very conciliatory address calculated to heal the wounds which they have inflicted by their conduct on the people. We shall unfurl the banners of equal justice to all men be their political opinions what they may. That however we may differ upon the measures proper to be pursued or the laws necessary to be passed that like the providence of the Deity we wish them to operate equally on all. They now blame the effects of a spirit which they themselves have breathed into the people & which we are endeavouring to confine within proper limits. It does not however become those who have raised a torrent which threatens to sweep them all away, and indeed which whoever endeavours from honest motives to check is in danger of being born down by the flood, to talk & act in the manner they do. They are really the sources of it & the genuine authors. Let us however elevate ourselves above the common prejudices of men & preserve within the due bounds & direct in the proper course the public opinion in our favor. Having no object in veiw but the public good let us establish the principles of the revolution on a solid base which can hereafter neither be removed or shaken.
From Mr. Wright of the Senate I recd. a letter on the subject of the Marshall’s nomination I mean of this State. I considered it my duty actuated by no other veiws than the good of the cause to get my fellow members to sign a confidential letter which I wrote in reply signifying our wish that it should be confirmed & at the same time informed him that had I known that Capt: White would have made an objection I would have endeavoured to prevent it. I also there stated that the result of the contested election would be favourable.
I will thank you to communicate to the Post Master General, who has written on the subject to Col: Hall & at whose request Capt: W. jones of the House of Representatives furnished me with a Post Office list for this State, that in a few days we shall give him full information.
Let me suggest to you, with due deference that in 2. Durnf. & Easts’ Reports you will find a case which says that no Mandamus shall go where there is an offence de facto. I mention this not because I do not think the Supreme Court have acted unjustifiably in other respects, but because I think they have in every respect.
I have to regret that Congress has adopted a ratio unfavourable to this state. I mean to the Republican cause &, not with a local veiw to the private interests or influence of the State. Mr. Bayard has conducted the business in such a manner as will benifit his friends here. In our situation we require every fostering aid. We have suffered much & we wish to get hold of the power in order to give equal & exact justice to all men, convinced that the majority will forever after rally round our standard. Let me beg of you to think on the subject. The sentiments I have heretofore offered on the same topic are the result of due reflection & those in which we all seem to unite. Mr. Vining desires to be remembered to you in the most respectful manner & I do it with pleasure, so does my father. Please to remember me to the President in the same manner from whom I have rec[e]ived so many marks of attention & beleive me my Dr Sir Yours Most Sincerely
C. A. Rodney
P. S. Thursday 2. O. Clock. P.M. Jany 19. 1802.
I did not send this on by the mail as one of our Senators going home on saturday in consequence of a death in his family had not returned, which gave them a Majority in Senate. We sent for him last night & had him here this morning. Govr. Hall was qualified at 12. O Clock this day & deld. an address which you will see in the “Mirror” of Wilmington. Our resolutions & one of theirs passed in our house this day shall be sent on to you. We shall print every official document on the subject of the Governors election in a pamphlet & transmit you a copy.
C. A. R.

   RC (DLC). Enclosures not found, but see n. 3.

   Rodney’s handwriting here is indecipherable. If he did not write Mantua, he may have intended to refer to Massilia (Marseilles). Both were small cities loyal to Rome during the Second Punic War.

   Rodney referred to Laws of the State of Delaware, from the Fourteenth Day of October; One Thousand Seven Hundred, to the Eighteenth Day of August, One Thousand Seven Hundred and Ninety-Seven (2 vols.; Newcastle, Del., 1797; EvansCharles Evans, ed., American Bibliography … 1639 … 1820 (12 vols.; Chicago, 1903–34). 32030). For the source of JM’s confusion, see his letter to Rodney, 1 Jan. 1802, n. 1.

   The proceedings of the Delaware legislature on the contested election were printed in the Philadelphia Aurora General Advertiser, 22 Jan. 1802.

   Federalist James Sykes, Jr., a prominent physician, was Speaker of the Delaware House of Representatives from 1786 to 1801. He became governor when Richard Bassett resigned on 3 Mar. 1801 to accept an appointment to the federal judiciary from Adams (Robert Sobel and John Raimo, eds., Biographical Directory of the Governors of the United States, 1789–1978 [4 vols.; Westport, Conn., 1978], 1:213).

   Daniel Rogers, acting governor from 1797 to 1799, had been a supporter of the Adams administration (ibid., 1:212; Munroe, Federalist Delaware, p. 207 n.).

   John Vining had served in the Continental Congress, 1784–86, in the U.S. House of Representatives, 1789–93, and in the U.S. Senate, 1793–98 (Vining to JM, 18 Dec. 1792, PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 14:425, 426 n. 5).

   Robert Wright of Maryland had been elected as U.S. senator on 19 Nov. 1801 to fill the seat vacated by William Hindman.

   Jefferson nominated Joel Lewis as marshal for Delaware on 6 Jan. 1802, and the Senate confirmed him on 26 Jan. (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:401, 405). For the background of Lewis’s appointment, see Rodney to JM, 17 July 1801, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:430–33 and n. 2; and JM to Rodney, 6 Aug. 1801, and n. 2.

   Capt. Samuel White was a Federalist senator for Delaware from 1801 until his death in 1809 (Syrett and Cooke, Papers of HamiltonHarold C. Syrett and Jacob E. Cooke, eds., The Papers of Alexander Hamilton (26 vols.; New York, 1961–79)., 24:251 n. 3).

   This was probably Republican William Jones of Pennsylvania who served in the House during the Seventh Congress. He was secretary of the navy in JM’s cabinet from 12 Jan. 1813 to 2 Dec. 1814.

   Gideon Granger was at this time working to give the political balance of the heavily Federalist Post Office Department a more Republican tone through the appointment of party followers (Cunningham, Process of Government under Jefferson, pp. 149–51).

   Rodney compared the case of Marbury v. Madison to The King against the Mayor, Aldermen, and Common Council, of London, in which the plaintiff, who was suspended from a life position for defaults in his accounts, sued for a mandamus ordering his restoration to office. The suit was rejected on the grounds that even though the suspension itself was irregular, there was good cause for it had it been regular. Jefferson had similarly maintained that Marbury and his coplaintiffs had no right to their commissions which had not been delivered before Adams’s departure from office and that therefore their removal was legal (Charles Durnford and Edward Hyde East, Reports of Cases Argued and Determined in the Court of King’s Bench … [8 vols.; Dublin, 1791–1800], 2:177–82; Malone, Jefferson and His TimeDumas Malone, Jefferson and His Time (6 vols.; Boston, 1948–81)., 4:144–45).

   In January 1802, after prolonged and heated debate, Congress passed an apportionment bill for determining representation in the House of Representatives by the ratio of one representative for every thirty-three thousand inhabitants, thus restricting Delaware, with its population of sixty thousand, to one member. Had the alternative ratio of thirty thousand been approved, Delaware would have been entitled to two representatives (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 1st sess., 42–46, 333–35, 337–42, 365–75, 377–404; U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:128).

   The address of Gov. David Hall was also printed in the Philadelphia Aurora General Advertiser, 22 Jan. 1802.


Title: From James Madison to James Monroe, 19 January 1802
From: Madison, James
To: Monroe, James

Dear Sir
Washington Jany. 19. 1802
I have this moment recd yours of the 14th. instant. The letter from Mr. Purviance which I herein return is a favorable specimen of his stile & sentiments. Mr. Jones will explain to you the occasion & object of my enquiries. I have as yet formed no final determination in the case, & there is a possibility tho not a probability that it may be rendered unnecessary. Mr. Dawson as you will see has at length reached his post. I do not learn that any proceeding is instituted for scrutinizing the legality of it. He brought ample despatches from England, but not of very late date. At his departure a cloud lay over the subjects depending between the U. S. & G. B., a sudden & unaccountable tergiversation having shewn itself in the leaders of the latter Cabinet. Present us with affecte. respects to Mrs Jones Mrs. Monroe & Miss Eliza—and accept the same yourself, from your sincere friend & Sert.
James Madison
On reflexion I beg leave to retain for a while Mr. Purviance letter.

   RC (DLC).

   This was probably Monroe’s uncle Joseph Jones.

   John Dawson arrived in New York on 7 Jan. and resumed his seat in Congress on 14 Jan. Questions had arisen concerning the constitutionality of his holding two governmental positions, and he asked the House Committee on Elections to decide the issue. On 21 Jan. the committee reported that he should be allowed to take his seat (National Intelligencer, 13, 18 Jan. 1802; Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 1st sess., 422–24; Journal of the U.S. House of Representatives, 7th Cong., 1st sess., 145).


Title: To James Madison from William Henry Harrison, 19 January 1802 (Abstract)
From: Harrison, William Henry
To: Madison, James

19 January 1802, Vincennes. Believes the president should know that members of the local court, having some time ago assumed the right to grant land titles, had granted themselves rights to all formerly reserved territory extending for several square miles and excluding only the land immediately surrounding Vincennes. “The authors of this ridiculous transaction” had abandoned the claim, but it was recently revived, and part of it has been purchased by speculators, who have sold titles in different parts of the U.S., often for trifling amounts, “one thousand acres being frequently given for an indifferent horse or a rifle gun.” He has just discovered the extent of this speculation and fears an influx of settlers hoping to take possession. Has forbidden the recorder and prothonotary to authenticate any more deeds for these lands.

   Tr (DNA: RG 46, President’s Messages, 7A-E2). 3 pp.; in a clerk’s hand. Printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Public Lands, 1:123. Jefferson communicated the letter to Congress on 18 Feb. 1802 (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 1st sess., 569).

   For the history of these abuses from 1780 to 1788, see George R. Wilson, “The First Public Land Surveys in Indiana; Freeman’s Lines,” Indiana Magazine of History, 12 (1916): 1–33; and John Dillon, A History of Indiana, from Its Earliest Exploration by Europeans to the Close of the Territorial Government, in 1816 (Indianapolis, 1859), p. 169.


Title: To James Madison from Sylvanus Bourne, 20 January 1802 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

20 January 1802. Reports that American citizens are paying higher duties on their imports to and exports from Holland than those of any European nation by a differential of 1½ to 2 percent. The reason is a “constructive right claimed by the West India Company to certain duties on the American commerce.” The company sees fit “to include the U S in the term America used in their Charter construing that to comprize our Country as well as their own American West India possessions.” The Dutch government may indulge this interpretation, but if it is “under obligations or in debt to their West India Company I do not altogether see the propriety of their taxing our Country to discharge it.” Declares that it is “equally humiliating to our Nati⟨onal⟩ Character as it is injurious to the Commercial Inter⟨est⟩ of our Citizens” to be treated as “Colonies ⟨of⟩ Holland by having our commerce made tributary to ⟨a⟩ mere Corporate body or Commercial society thereof.” The practice is also in apparent violation of the treaty with Holland, which stipulates that the U.S. receive most-favored-nation status. Has heard that U.S. naval vessels also pay higher charges to use Dutch ports than those of European nations. Is aware that Dutch commerce with the U.S. is so limited that the U.S. lacks “the full force of those means of bringing this Govt. to terms” but believes that “an Explicit & firm representation” could have results, particularly since peace will restore revenue from the West India colonies to the company. Requests JM’s instructions.

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 3 pp.; marked triplicate; postmarked Baltimore, 21 Apr.

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


Title: To James Madison from William C. C. Claiborne, 20 January 1802 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

20 January 1802, Natchez. Encloses a letter received from Mississippi attorney general Harding regarding land claims in the territory. Believes that the information contained in Harding’s letter, if true, will affect legality of the Supreme Court decision referred to in his own letter to JM of 20 Dec. Asks JM to lay enclosed letter before U.S. attorney general and to request his opinion on extent of validity of antedated Spanish grants and how they might be investigated, as the issue has created much local resentment. Reports that European peace has reduced prices of all exports except cotton at New Orleans. Rumors had suggested closing of that port to American commerce, but his investigation convinces him they are unfounded. One source conjectures that recent uneasiness of Spanish authorities there results from cession of Louisiana to France and impending arrival of French troops. Has not had a letter from JM since his arrival at Natchez.

   Letterbook copy (Ms-Ar: Claiborne Executive Journal). 3 pp. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:34–35. Enclosure not found, but for the response, see Lincoln to JM, 26 Mar. 1802 (printed in Hall, Official Opinions of the Attorneys General, 1:108–10).


Title: To James Madison from John and Isaac Laurence and Others, 20 January 1802 (Abstract)
From: Laurence, John,Laurence, Isaac
To: Madison, James

20 January 1802, New York. Recounts history of schooner Nymph, Naphthali Raymond, master, captured by Spanish privateer and carried into Nuevitas in Cuba in April 1797 while sailing from New York to Anse-à-Veau, a French port in Hispaniola. Vessel was detained for four months, during which time it suffered “very considerable damage” from neglect and much of its cargo “was either plundered or destroyed.” It was ordered restored in existing condition after payment of charges of about $1,500. Raymond appealed to the Superior Tribunal at Havana, but residue of the cargo was sold by government order before the case was decided in March 1799. Court decreed “that the proceeds of the Sales of the Cargo should be delivered to Captain Raymond, and that the Captain of the privateer should be chargeable with any deficiency in the Cargo, to be ascertained by comparing the Invoice with the Sales, but no damages or Costs were allowed.” Finding the privateer’s captain unable to pay, the ship being completely ruined, and prosecution costs of $12,000 having accrued, Raymond appealed to the court in Spain. “Having experienced the delay and expence attending prosecutions in the Spanish Courts of Admiralty we thought it advisable to claim the interferance of our government”; accordingly, in October 1799 Hoyt & Tom wrote “in our behalf to the Secretary of State,” and on 29 Jan. 1801 “we also wrote to the Secretary of State.” Encloses copies of the replies received from Pickering and Marshall. Having heard nothing since, they write again to request aid; they wish to be informed “if there is a probability of an adjustment of cases of this kind being soon made” and what documents are required to substantiate their claim.

   RC (DNA: RG 76, Spain, Treaty of 1819, Disallowed Claims, vol. 39). 3 pp.; signed “Jno. & Isaac Laurence Assignees & Attornies for Theops Brower / Hoyt & Tom / Laurence & Whitney”; docketed by Wagner. Enclosures not found.


Title: To James Madison from William Lee, 20 January 1802 (Abstract)
From: Lee, William
To: Madison, James

20 January 1802, Bordeaux. Encloses list of vessels in port from 26 Oct., when he took charge of the agency, to 31 Dec.; list is imperfect, as “unaccomodating” ship captains will not cooperate with consuls unless required to do so by law. Is “much harrassed with the complaints and sufferings” of American seamen; twenty are in the hospital and “at least one hundred and fifty strolling about the streets of this City in the greatest distress.” Some have been discharged from ships sold locally; but most have congregated at Bordeaux from other French ports and from Spain, “and they conduct [themselves] in general in so unruly a manner” that police have objected. Transcribes translation of 15 Jan. letter from police commissioner complaining about the conduct of the “vagabonds” and offering to cooperate with Lee in hastening their departure. Since receiving the letter, Lee has succeeded in having most of these “idle sailors” distributed among American vessels in port for return to U.S. European ports are “full of this valuable class of our Citizens.” Suggests that allowing a naval vessel in Mediterranean to carry them all home would be cheaper than present method of relief. Believes laws for protection of seamen should prevent captains from discharging crew in foreign ports for any reason, as they now use cruelty to force seamen to request discharge. If captains of vessels sold abroad had to provide passage and support for seamen until they arrived home, it would stop such abuse and prevent U.S. seamen from “entering into foreign service to the prejudice of the Commerce of the United States.”
Complains that he has no authority to prevent a widespread fraud practiced by foreign, particularly French, merchants in America who purchase damaged tobacco, cotton, and rice, insure the goods heavily, and ship them to France, where well-paid local inspectors declare cargo has arrived in poor condition. Goods are disposed of at public sale for low prices, and American insurers must pay the balance. Not only does this “nefarious practice” cheat U.S. companies, but “the sale of this trash” will lower reputation of American goods. Is negotiating with chamber of commerce to have his own agent accompany local brokers to cargo inspections.

   RC (DNA: RG 59, CD, Bordeaux, vol. 1). 6 pp. Enclosure not found.

   Jefferson referred the problem of abandoned sailors to Congress in his annual message of 15 Dec. 1802. In response, Congress passed a law on 28 Feb. 1803 requiring masters of American vessels to post a $400 bond before leaving the U.S. to insure their returning with the same crew they listed with the customs collector before their departure. Should the ship be sold abroad, the captain was required to provide three months’ salary for each crew member to the nearest consul to build up a fund for destitute sailors and to pay for their passage home (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 2d sess., 12; U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:203–5).

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


Title: To James Madison from John Morton, 20 January 1802 (Abstract)
From: Morton, John
To: Madison, James

20 January 1802, Havana. Wrote last on 9 Jan. to inform JM that no decision had been made on admission of American ships that had arrived at Havana since the order prohibiting them. Was led to believe on 13 Jan. that these vessels, fifty-nine with cargoes and sixteen without, would be admitted the following day if the consignee of each vessel would petition the governor. Until 9 Jan., he had attributed delay to pending departure of Spanish warship with government dispatches. Later it became clear that it would be necessary to give a douceur amounting to 4½ percent of the value of each cargo to “the person particularly pointed out” in his 11 Dec. dispatch. The island remains dependent on U.S. supplies, as no Spanish vessel has arrived with supplies since news of peace and reports from Spain state that the country is “sunk into the mos⟨t⟩ ruinous inactivity.” Reciprocal commercial interests between Cuba and the U.S. “should have dictated a more just & equitable conduct.” Status of twenty-five recently arrived ships is uncertain, but they will probably be admitted on similar terms; however, some merchants have since decided not to submit to the terms. “In this state our affairs at present remain; and with a Government administered, or rather abused, as this is, it becomes useless to attempt to make them better.”

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

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


Title: To James Madison from William Savage, 20 January 1802 (Abstract)
From: Savage, William
To: Madison, James

20 January 1802, Kingston, Jamaica. Reports that a number of Americans are still detained on men-of-war for lack of proper papers. Enclosed account shows that a great number have been discharged, some of whom are in bad health. Many are hospitalized; many others await passage home. The latter are unable to support themselves because so many seamen have been discharged from ships in port. Has drawn on State Department for $1,588.30 to cover supplies and his commission; in addition, has made a charge of £500 for his services during the last year. Has spent all his time attending to seamen, using utmost economy. “I was given to understand when Mr. Talbot my predecessor in office resided here, he was allowed twice the sum I have charged, and when the duty’s of the office was not attended with half the difficulties I have had to encounter.” Trusts that when he draws “for this last Sum the bill will be honour’d.” Regrets that “no attention has hitherto been paid to my solicitations on this Head.” Living expenses are “extravagantly high.” Accounts from Great Britain indicate delay in framing definitive peace treaty. Suggests that if hostilities are renewed, American seamen’s papers should include city and state of birth, which are too often neglected.

   RC (DNA: RG 59, CD, Kingston, Jamaica, vol. 1). 3 pp.; in a clerk’s hand, signed by Savage. Enclosure not identified. Duplicate copy (ibid.) bears 24 Jan. postscript requesting a copy of U.S. laws regarding seamen and shipmasters.

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


Title: To James Madison from Charles D. Coxe, 21 January 1802 (Abstract)
From: Coxe, Charles D.
To: Madison, James

21 January 1802, Philadelphia. Acknowledges JM’s letter [not found] “announcing Mr. Taney’s acceptance of his appointment.” Encloses bond required of him before entering the duties of his office. Has assumed that Calais is included in his jurisdiction. Asks JM to inform the bearer, Mr. Clark, if this is so.

   RC (DNA: RG 59, ML). 1 p. Dateline torn. Date determined from Wagner’s docket, which also indicates that the letter was received 26 Jan. Enclosure not found.

   See Coxe to JM, 27 Nov. 1801.


Title: To James Madison from Levi Lincoln, 21 January 1802 (Abstract)
From: Lincoln, Levi
To: Madison, James

21 January 1802, Washington. Received on 20 Jan. JM’s letter [not found] enclosing that of 16 Jan. from William Bingham’s agent [Charles Willing Hare], who had already sent him a similar letter and printed statement of the case. Gives brief history of most recent trial in Cabot et al. v. Bingham lawsuit in which plaintiffs were awarded $34,630.25. Believes that Bingham’s incorrect statements and lack of authority to handle cargo of brig Hope relieve U.S. of responsibility for reimbursing him for damages in the case. Gives summary of testimony regarding sale of cargo and states that Bingham has known of this evidence long enough to have refuted it. Discusses resolutions of Congress passed on 20 June 1800 that relieved Bingham of burden of expenses or damages from lawsuits then pending. Argues that Bingham, having retained proceeds from sale of cargo, has wherewithal to pay damages and is therefore entitled only to have the government defray expenses of the trial.

   RC (DNA: RG 60, Letters from and Opinions of Attorneys General). 6 pp.; docketed by Wagner. Printed in Hall, Official Opinions of the Attorneys General, 1:99–102. On Bingham’s case, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:310–11 and n. 1.

   Here Wagner corrected the date by interlining “[1780].”


Title: To James Madison from Carlos Martínez de Yrujo, 22 January 1802 (Abstract)
From: Yrujo, Carlos Martínez de
To: Madison, James

22 January 1802, Philadelphia. Announces Valentín de Foronda’s appointment as Spanish consul general for the U.S. and his arrival in Philadelphia. Requests JM to relay news to the president and solicits exequatur for him.

   RC (DNA: RG 59, NFL, Spain, vol. 2). 1 p.; written in Spanish; in a clerk’s hand, except for Yrujo’s complimentary close and signature. The text of Jefferson’s 29 Jan. exequatur appeared in the National Intelligencer on 8 Feb. 1802.


Title: To James Madison from William C. C. Claiborne, 23 January 1802 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

23 January 1802, Natchez. Announces arrival on 21 Jan. of Jefferson’s recent message to Congress. Prospects for unanimity in the territory are not as pleasing as he had supposed. Factions still exist, and it will take time to lay their “Evil Spirit” to rest. The territorial legislature is “amply supplied” with love of country and honest intentions, but “there is a deficiency in Legislative information, & experience, which occasions much embarrassment.” Laws passed under the previous grade of government were defective and have been repealed. The legislature has adopted a new code of laws which, while still imperfect, “will conduce more to the Convenience, & protection of the people.” A law to prohibit importation of male slaves over sixteen was passed by the House but rejected in Council. The slave population is increasing rapidly, and he fears it will “sooner or later prove a source of much distress. The culture of Cotton is so lucrative, and personal labor consequently so valuable, that common Negro Fellows will generally command five hundred dollars per head, and if such encouragement should long be afforded, to the Sellers of Negroes, this Territory must soon be overrun, by the most abandoned of that unfortunate race.” Is making efforts to organize district militia but lacks arms and the means to obtain them.

   Letterbook copy (Ms-Ar: Claiborne Executive Journal). 2 pp. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:38–39.


Title: From James Madison to Sylvanus Bourne, 25 January 1802
From: Madison, James
To: Bourne, Sylvanus

Sir,
Department of State. Washington 25th. Jany. 1802
I have had the pleasure to receive a number of Letters from you, giving details of public events, occasionally enclosing the Leyden Gazette. That paper being so valuable as a compendious and faithful repository of important occurrences, I request you not only to continue to send it to me, by the opportunities which offer from time to time, but to subscribe in the name of this Department for two additional sets, to remain with the Editor until the close of each year, then to be bound up and forwarded by different opportunities. We are possessed of a series of it from the year 1774 to the close of the year 1795; if it is in your power to complete the collection, I shall be obliged by your doing it. The Expence you will include in your public accounts, to be settled with Mr. Livingston.
I have noticed the remarks you make on the defects of our Consular system, and the improvements you advise. They will come into review at some future time when the subject is taken up generally.
The remuneration of our consuls is supposed to proceed rather from the weight of Commercial character which it gives, than from the fees they are authorized to charge for their official acts: and whilst unexceptionable characters can be found to fill the offices who would be content with this part of the Consular System, we should be averse to  the Consuls by laying additional burthens upon Commerce.
In another view of the matter, the number of our Consuls, and their probable encrease, with the extension of our Commerce, forbid the idea of a Salary, which if at all admissible, would with more propriety be claimed by those who are established in the small ports to which our vessels go, than by those who reside at the most considerable. Regretting as I do that peculiar embarrassments have attached themselves to your exercise of the Consular office, from the disqualification to trade as a neutral citizen, which has been decided by the British Court of Admiralty, and from other circumstances connected with the war, now at an end, it is not in my power to encourage you in the hope that its emoluments will be encreased otherwise than as the restoration of Peace may have that effect. For though you apprehend a diminution inste[a]d of an increase, it should be considered that the removal of the Blockades, almost constant, to which the war has subjected your port, and the restoration of its trade which has been diverted into other channels for some years past, do not seem to warrant your opinion.
You will have seen in the Presidents message to Congress, at the opening of the present session, an allusion to the effect which the peace will have upon our Carrying trade. A desire to diminish the loss we shall suffer in it as far as we can, by procuring the removal, where practicable of foreign discriminations to the disadvantage of our Shipping, has suggested to General Smith the motion, a copy of which is enclosed. What will be the result of it in Congress is yet uncertain.
It is understood that some such discrimination exists in the Ports of the Batavian republic, and I shall be obliged to you for a detail of them in answer to the following enquiries.
Do American vessels pay higher tonnage duties, or office, or other fees than Dutch vessels, and what?
Do they pay any more Light house duties than Dutch vessels, and how much?
What articles are they prohibited from Carrying to the Dutch ports, which Dutch vessels may carry, and what articles may Dutch vessels take from those ports, which the former may not?
What are the differences of Duties payable on articles imported or exported in the vessels of the two nations where any difference exists?
As far as your information extends, I should be glad if you would adapt your answers to the Dutch Colonies as well as the Mother Country. I am Sir &c.
J. M

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

   See, for example, Bourne to JM, 5 May 1801 and June 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:142, 242), and Bourne to JM, 1 Nov. 1801.

   Left blank in letterbook.

   In March 1797 a British admiralty court had condemned a vessel belonging to Bourne. The court rejected the argument that Bourne’s mercantile property was entitled to the protection of his consular character (Robinson, Admiralty Reports, 3:27).

   Jefferson had stated in his message to Congress: “We cannot, indeed, but all feel an anxious solicitude for the difficulties under which our carrying trade will soon be placed. How far it can be relieved, otherwise than by time, is a subject of important consideration” (Jefferson to Congress, 8 Dec. 1801, Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:123).

   See JM to Livingston, 19 Dec. 1801, and n. 3.


Title: From James Madison to the Speaker of the House of Representatives, 25 January 1802
From: Madison, James
To: Speaker of the House of Representatives

Sir
Department of State: 25 Jany. 1802
In obedience to the order of the House of Representatives of the 22nd. inst. I have the honor to lay before them a copy of the instructions, as issued by the Department of State, under the direction of the President of the United States, in virtue of the Act of Congress, entitled, “An Act further to protect the commerce of the United States,” and passed on the 9th. of July 1798. These instructions were issued only to private armed vessels. I have the honor to be, sir, With very great respect, your most obed. servt.
James Madison

   RC and enclosure (DNA: RG 233, Reports and Communications from the Secretary of State, 7A-E1.1); Tr (DNA: RG 233, Transcribed Reports and Communications from the Secretary of State, 5C-B1). RC in Wagner’s hand, signed by JM. Enclosure 8 pp.; see n. 2.

   William Lambert, acting for John Beckley, had sent JM an extract from the House journal, dated 22 Jan. 1802, that directed the secretary of state and the secretary of the navy to provide “copies of all instructions which, heretofore, have been given to commanders of Vessels, of every description, which have been authorised to capture vessels belonging to the French Republic” (DNA: RG 59, ML).

   JM enclosed a printed copy of the instructions to captains of private armed vessels and the annexed 9 July 1798 act (reprinted in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:365–67; for the act, see U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:578–80).


Title: To James Madison from Arthur Campbell, 25 January 1802
From: Campbell, Arthur
To: Madison, James

Dear sir
Washington County Jany. 25. 180⟨2⟩
I take the liberty to introduce to your notice, a Mr. Hargrove of the City of Baltimore, lately known as the Editor of a publication entitled the Temple of Truth. He is lately from misfortunes, become rathe⟨r⟩ straitned in his circumstances, and woul⟨d⟩ now be glad of accepting some public employment in the City he lives, that may be in the gift of the President or the heads of some of the Departments. I might mention to you one circumstance that would excuse this application in his behalf; He was a zealous labourer in 1800 to bring about the presen⟨t⟩ pleasing order of things, as some of the Baltimore printers can evince. But what will go farther he is an honest Man, of strict integrety. He may be something eccentric in his religious tenets, but his notions on that subject will be a security for his honesty. For my own part, I value original geniuses, that dare to think, and speak, different from the multitude, if they believe truth to be on their side. Thus our worthy President, dared to be something else, than a servile imitator of European customs, and thus he elevates the character of his Countrymen.
To be plain, I wish to see Mr. Hargrove holpen, in order to be useful in life, and I wish it to come from the President more than from any one else, for a weighty reason, that he may be known to countenance a Man, who professes to be a Champion for True Christianity. I believe an humble place would be accepted, in either the Post-Office Department, or that of the Revenue, that would bring in about one thousand Dollars annually. I write these lines without his knowlege and if the boon reaches him before the last of March, it will give great joy, to a small helpless family, and I think a very worthy Man. I am Sir, with Respect your most obedient servt.
Arthur Campbell

   RC (DLC). RC broken along one edge.

   Between August and October 1801, John Hargrove, pastor of the New Jerusalem Church in Baltimore, published twelve issues of The Temple of Truth; or, A Vindication of Various Passages and Doctrines of the Holy Scriptures … (Baltimore, 1801; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols. to date; New York, 1958—). 1391) in reaction to two lectures delivered in Baltimore by the deist Elihu Palmer and to the New York Deistical Society’s newspaper, The Temple of Reason (Roderick S. French, “Elihu Palmer, Radical Deist, Radical Republican: A Reconsideration of American Free Thought,” Studies in Eighteenth-Century Culture, 8 [1979]: 95, 106 n. 26).

   Campbell had already written to JM concerning Hargrove in March 1801. There is no evidence that Hargrove ever received an appointment, although Jefferson later attended a sermon he delivered at the Capitol on 26 Dec. 1802 (see Campbell to JM, 23 Mar. 1801, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:34–35; The Substance of a Sermon, on the Leading Doctrines of the New Jerusalem Church [Baltimore, 1803; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols. to date; New York, 1958—). 4337]).


Title: From James Madison to Wilson Cary Nicholas, 25 January 1802 (Abstract)
From: Madison, James
To: Nicholas, Wilson Cary

25 January 1802. In response to letter from Nicholas [not found], makes an agreement with him subject to conditions about the use of his name.

   RC (ViU). 1 p. Fragment. Left half of page is torn away. Addressee not indicated, but Nicholas’s docket is on verso.

   The precise details of the agreement are unclear, but it would seem that JM agreed to advance Nicholas the sum of $4,500 for sixty days. Subsequent developments led to Nicholas’s calling on JM for only $2,000 (see Nicholas to JM, 27 Jan. and 4 Feb. 1802).


Title: To James Madison from James Simpson, 25 January 1802 (Abstract)
From: Simpson, James
To: Madison, James

25 January 1802, Tangier. No. 36. Has learned from Gavino “that he could about this time negotiate some of my Bills.” Has drawn on JM for two bills totaling $2,000, which he asks JM “to direct being paid, and that sum charged to me, as a farther imposal on Account of Sallary … in arrangement sollicited in concluding paragraph of No. 35 [8 Jan. 1802].”

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

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


Title: To James Madison from Israel Smith and Josiah Smith, 25 January 1802 (Abstract)
From: Smith, Israel,Smith, Josiah
To: Madison, James

25 January 1802, Washington. Recommends John Wadsworth of Portland, Maine, to be librarian of Congress. States that he is “a young Gent: of competent Abilities & fair Character” and asks JM to propose him to Jefferson.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Wadsworth”). 1 p.; docketed by Jefferson, “I. & J. Smith to mr. Madison. J. Wadsworth to be librarian.” Israel Smith of Vermont and Josiah Smith of Massachusetts were both members of the House of Representatives during the Seventh Congress, 1801–3. JM received another copy of this letter (ibid.) signed by Massachusetts congressmen Seth Hastings, Joseph B. Varnum, Richard Cutts, Manasseh Cutler, and William Shepard as well as New Hampshire congressman Abiel Foster and Rhode Island congressman Thomas Tillinghast.


Title: To James Madison from Frederick Jacob Wichelhausen, 25 January 1802 (Abstract)
From: Wichelhausen, Frederick Jacob
To: Madison, James

25 January 1802, Bremen. Reports that nothing material has occurred since his 13 July dispatch. Encloses list of vessels in port during the last six months. On 20 Nov., received through Pitcairn at Hamburg JM’s 1 Aug. circular letter and is pleased to have directions regarding registers and sea letters. Has notified the duke of Oldenburg, who oversees quarantine regulations on the Weser, of new arrangements for health certificates and has received a satisfactory response. The duke assured him that it was not “his Intention to cause any impediments to trade and navigation” but pointed out that health of country could not be endangered “in order to be subservient to the convenience of commerce.” Lack of law obliging shipmasters to declare cargoes may in future cause problems in compiling semiannual port returns. In assisting seamen, has tried to distinguish between those who are responsible for their condition and those who have been subjected by captains to “inhuman treatments.” Urges legislation requiring captains to report to consuls with their ship’s papers upon arrival, which will help to prevent use of counterfeit American papers by foreigners. Believes consuls should have the right to inspect cargoes, for which they will also need to see ship’s papers.

   RC (DNA: RG 59, CD, Bremen, vol. 1). 4 pp. Enclosure not found.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:410.

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


Title: From James Madison to Hoyt & Tom and Laurence & Whitney, 26 January 1802 (Abstract)
From: Madison, James
To: Hoyt & Tom,Laurence & Whitney

26 January 1802, Department of State, Washington. Acknowledges receipt of their letter of 20 Jan. “and can only say in answer, that the subject of Spanish captures has been committed to the new Minister to Madrid, Mr. Pinckney, who is instructed to press for compensation: but as I have not heard of his arrival there, I can give you no information of his success.”

   RC (DNA: RG 76, Spain, Treaty of 1819, Disallowed Claims, vol. 39). 1 p.; in Wagner’s hand, signed by JM.


Title: To James Madison from William Buchanan, 26 January 1802 (Abstract)
From: Buchanan, William
To: Madison, James

26 January 1802, “Port N. West,” Ile de France. Acknowledges receipt of a duplicate of JM’s 1 Aug. circular letter, which was his first intimation of his appointment as commercial agent. His commission has not arrived, but he expects it soon, as “my Friends Messrs S Smith & Buchanan inform me, it was forwarded by a Vessel, which sailed some time prior to the departure of the Conveyance, which brought me your Duplicate.” Vice-consul George Stacey will continue to perform official duties until the arrival of Buchanan’s commission. Is confident that local administrators will cooperate with him to detect vessels sailing under U.S. flag with counterfeit sea letters, although at present such measures are “rendered unnecessary as Administration have received Officialy by the way of the Cape of Good Hope a Copy of the Preliminary Articles of Peace between England & France.” Asks JM to “thank the President in my Name for the Confidence, he has been pleased to repose in me & assure him, that every thing shall be done on my part to give Satisfaction to such of my Compatriots as may have occasion to visit this Island.”

   RC (DNA: RG 59, CD, Port Louis). 1 p.; postmarked Philadelphia, 8 Apr.

   Samuel Smith had recommended his cousin William Buchanan as commercial agent in the place of George Stacey, who “would do no honor to our Country” (Smith to [Jefferson], [March 1801] [DNA: RG 59, LAR, 1801–9]).

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


Title: To James Madison from Thomas McKean Thompson, 26 January 1802 (Abstract)
From: Thompson, Thomas McKean
To: Madison, James

26 January 1802, Secretary’s Office at Lancaster. Encloses by direction of the governor a copy of a Pennsylvania General Assembly resolution. Asks JM “to cause to be transmitted to this place the document therein alluded to; the fee for which shall be remitted.”

   FC (PHarH: Governor’s Papers). 1 p. Thompson, Gov. Thomas McKean’s nephew, was secretary of the commonwealth from 1801 to 1809 (“Narrative of Thomas McKean Thompson,” Pa. Magazine of History and Biography, 52 [1928]: 116–17, 119).

   On 23 Jan. 1802 McKean had approved and signed a joint resolution of both houses of the General Assembly to apply for a copy of the last census of Pennsylvania (Pa. Archives, 9th ser., 3:1799).


Title: From James Madison to James Sheafe, 27 January 1802
From: Madison, James
To: Sheafe, James

Sir
Department of state: Washington, 27 Jany. 1802.
I have received your letter of yesterday, respecting two cases of capture by French cruizers, falling within the provisions for restitution contained in the Convention with the French Republic. To patronize such claims, was among the instructions given to Mr. Livingston on his departure for France: and the course has been to recommend to the individuals concerned to forward their papers to him or to their correspondents, to be submitted to him. The nature of the proof which will be required for obtaining restitution is designated in the convention, to which I beg leave to refer you. I have the honor to be, sir, very respectfully your most obed. servt.
James Madison

   RC (NjP: Crane Collection). In Wagner’s hand, signed by JM.

   Letter not found. Portsmouth, New Hampshire, merchant James Sheafe was a former Loyalist who served as a Federalist congressman (1799–1801) and then as a U.S. senator until his resignation on 14 June 1802. He had several spoliation claims outstanding against France, one for the Apollo, seized on 21 Sept. 1798 and carried into Rivadeo (Spain), and another for the seizure and burning of the armed merchantman Pacific by the frigate Française on 7 Sept. 1800 (Lynn W. Turner, William Plumer of New Hampshire, 1759–1850 [Chapel Hill, N.C., 1962], pp. 71, 237; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:448–49; Senate Documents, 48th Cong., 1st sess., 7:148; Knox, Naval Documents, Quasi-WarDudley W. Knox, ed., Naval Documents Related to the Quasi-War between the United States and France (7 vols.; Washington, 1935–38)., 6:325).

   Article 4 of the Convention of 1800 listed the proofs of ownership required for restoration of captured property (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:459–62).


Title: To James Madison from George Helmbold, Jr., 27 January 1802
From: Helmbold, George
To: Madison, James

Honored Sir,
Lancaster, January 27. 1802.
I[n] a day or two after receipt of this you will receive the residue of papers containing the United States laws in German. The bill stands thus:
Department of State, of the United States
To George Helmbold, Junr. Dr

To publishing the laws of the U. S. for 1800 and 1801 in German, 8½ sheets at 14 Dollars per sheet
$119..00

rec’d
  40

69..00

You will please to remit the above to me at Lancaster. Yours, with respect,
Geo. Helmbold, Jun

   RC (DNA: RG 59, Miscellaneous Letters Received Regarding Publishers of the Laws). Docketed by Wagner.

   Arithmetic error in RC.

   On 2 Feb. 1802 Helmbold was paid $83.13 on account for translating into German and publishing the laws of the U.S. (DNA: RG 59, DB, p. 122).


Title: To James Madison from Nathan Lufborough, 28 January 1802 (Abstract)
From: Lufborough, Nathan
To: Madison, James

28 January 1802, Comptroller’s Office. At Mr. Payne’s request, recommends him for a recent vacancy in the State Department. Commends his handwriting, copying skills, and general competence.

   RC (DLC). 1 p.

   Nathan Lufborough was a Washington landowner and for many years a clerk in the Comptroller’s Office; JM nominated him to be a magistrate for the District of Columbia on 6 Feb. 1810 (Records of the Columbia Historical Society, 9 [1907]: 228, 24 [1922]: 1–4; John Mason and others to JM, 1 Feb. 1810, PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (2 vols. to date; Charlottesville, Va., 1984—)., 2:217; Lufborough to JM, 26 Sept. 1814 [DLC]).

   Hazen Kimball had resigned his State Department clerkship on 14 Nov. 1801, but Payne does not appear to have been appointed to the position (JM to Speaker of the House of Representatives, 30 Mar. 1802, enclosure [DNA: RG 233, Reports and Communications from the Secretary of State, 7A-E1.1]).


Title: To James Madison from John Bulkeley & Son, 29 January 1802 (Abstract)
From: John Bulkeley & Son
To: Madison, James

29 January 1802, Lisbon. Advises JM “of a bill we took the liberty to pass on you” on 29 Jan. for $6,000, “to the order of the Revd: Mr: Timothy Dwight, which we beg leave to recommend to yr: accustomed protection, and have credited you for it’s amount, at 860 rs. ⅌ $.”

   RC (DNA: RG 59, Letters Received from Bankers). 1 p.


Title: To James Madison from James Maury, 29 January 1802 (Abstract)
From: Maury, James
To: Madison, James

29 January 1802, Liverpool. Reports that the market has been too unsettled since his 24 Oct. letter for him to prepare a price current but expects it to stabilize soon. Wheat has continued in regular demand and is now selling at 12s. to 12s. 6d. for seventy pounds. Markets are “overstocked beyond example with Virginia, Carolina, & Georgia tobacco,” leading to prices as low as 2½d. per pound. Best information he can collect indicates that 355 American vessels cleared out of Liverpool customhouse in 1801, far exceeding any previous year; encloses schedule of imports from U.S. in both American and foreign bottoms.

   RC (DNA: RG 59, CD, Liverpool, vol. 2). 2 pp.; in a clerk’s hand, signed by Maury. Enclosure not found.

   Seventy pounds was considered the weight of a bushel of wheat in nineteenth-century Liverpool (Ronald Edward Zupko, A Dictionary of Weights and Measures for the British Isles: The Middle Ages to the Twentieth Century [Philadelphia, 1985], p. 59).

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


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

Dear Sir
Paris 30th. Jany 1802
I have just sent my Letters by a private hand to Havre. This may overtake them & inform you that Bonaparte is chosen president of the Cisalpine republic, & has accepted for as long a time as his services may be necessary. The constitution is not yet known. The presidentcy is either for life or for 20 years, I believe the latter. However disagreeable this may be to the great powers, they will not venture as yet to oppose it. This Letter goes by post I have neither time to enlarge or put it in cypher least I loose the conveyance. You will make your own reflections on the fact. I am Dear Sir With the highest essteem & regd Your Most Obt hum: Servt.
Robt R Livingston

   RC (DNA: RG 59, DD, France, vol. 8); draft (PHC).

   See Thomas Appleton to JM, 12 Dec. 1801, n. 1.


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

30 January 1802, Gibraltar. No. 81. Encloses an extract from a letter received 29 Jan. from Simpson at Tangier regarding the commander of the Tripolitan ship trapped at Gibraltar, who went to see the emperor of Morocco; Gavino has alerted all U.S. consuls and Captain Bainbridge of the Essex, now at Algeciras.

   RC and enclosure (DNA: RG 59, CD, Gibraltar, vol. 2). RC 1 p. The enclosed extract (1 p.) from Simpson’s 27 Jan. letter reported that “Araez Amer [Murad Rais] has returnd from Fetz [Fès] to Tetuan with an order for Men and Provisions to Navigate his Ship Home, so that you must be on the look out for his arrival at Gibraltar. I have just been with the Governor on the Subject and hope the Execution of this order will at least be suspended.”

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


Title: To James Madison from Frederick H. Wollaston, 30 January 1802 (Abstract)
From: Wollaston, Frederick H.
To: Madison, James

30 January 1802, Genoa. Last wrote on 10 June. Notes receipt on 10 Sept. of John Marshall’s 13 Nov. 1800 letter containing duplicate letter of introduction to Genoese government, “the original of which was long ago delivered.” Encloses list of American vessels in port during 1801; believes peace will greatly reduce U.S. trade, especially if trade with the West Indies and South America is restricted. Doubts trade from West Indies in American bottoms will withstand British and Spanish competition but believes there may be opportunities for trade from the East Indies and China to Italy, particularly Genoa. Americans may also develop a carrying trade in the Mediterranean. These possibilities increase the desirability of an honorable peace with Tripoli and the continuation of U.S. squadron in the Mediterranean “to keep these Barbary Powers quiet.” Genoese government continues to be friendly toward U.S. Repeats the request he had made to Pickering and Marshall to become a naturalized U.S. citizen and hopes his holding a U.S. government commission will substitute for residence there.

   Tr (DNA: RG 59, CD, Genoa, vol. 1). 3 pp.; certified as a true copy from the register in Genoa by Peter Kuhn, Jr., consul, 12 Sept. 1807. Enclosure not found.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:298.

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


Title: From James Madison to James Monroe, 31 January 1802 (Abstract)
From: Madison, James
To: Monroe, James

31 January 1802, Washington. Introduces Prince Ruspoli, who has been recommended by Mr. King and through him by Mr. West. Ruspoli “proposes to make an excursion from Richmond, by the way of Monticello, to the Natural bridge; & returning thence, to proceed thro’ Norfolk to Charl[e]stown by water.”

   RC (DLC). 1 p. Incomplete. Docketed by Monroe.


Title: To James Madison from Charles Willing Byrd, 31 January 1802 (Abstract)
From: Byrd, Charles Willing
To: Madison, James

31 January 1802, Chillicothe, Northwest Territory. Lacking a personal acquaintance with JM, has presumed on his knowledge of JM’s character to request his attention to the subject of this letter. It appears from newspapers that Congress is planning to reorganize judiciary of U.S. Accounts of Senate debates lead him to believe “that the system adopted at the last Session will eventually give place to another more resembling the former establishment, that some provision will be made for the Country NorthWest of the Ohio, and that a Judge for the Indiana and NorthWestern Territories will be created and appointed.” Should this be the case, Byrd asks JM to recommend him to the president for the post. Kentucky members of Congress as well as some other congressmen know him as a lawyer who practiced in Virginia and Kentucky “some years previous to my residence in this Territory.” Motives of delicacy prevent him from adding more.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Byrd”). 3 pp. Docketed by Jefferson, “Byrd Charles Willing. to mr. Madison. to be judge of N. W. territory.”

   Charles Willing Byrd (1770–1828), a Virginia native, was appointed secretary of the Northwest Territory by John Adams after William Henry Harrison resigned in 1800, and he served as acting governor after Jefferson removed St. Clair in 1802. He was Nathaniel Massie’s brother-in-law and an active member of the Republican opposition to St. Clair. Jefferson appointed him district judge for Ohio on 1 Mar. 1803 (W. H. Burtner, Jr., “Charles Willing Byrd,” Ohio Archaeological and Historical Quarterly, 41 [1932]: 237–40; Bond, Foundations of Ohio, pp. 460–61; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:447).


Title: To James Madison from James Williams, 1 February 1802
From: Williams, James
To: Madison, James

Dear Sir
Orange Feby. 1st. 1802
The bearer Mr. Morton pannil A County Man of Ours being On his way to prince Town for the purpose of Acquiring A Good english Education & to Study Natural And Moral Philosophy And having No Acquaintance in that part of the world is extremely Anxious, to Get A Letter of introduction to professor Smith; in thinking of the Source from which he Might derive the Surest Advantage from an introduction I have taken the Liberty of recommending him to your attention, As A young man who has been peculearly Unfortunate in his literary Acquirements; his Pursuits while Under the Care of his father has been entirely Agricultural; I have been Acquainted with him About Seven years; I Can without hesitation Say that I have Never Known Any young Man in my life Who has Conducted himself with more discreetness than he has done Nor do I know One whose moral rectitude has been more Conspicuous; Mr. pannil will shew you a Certificate from Mr. Boggs with whom he Studied last year that will Account for the Progress he has Made; If you Can Consistantly Give him the wishd for introduction, It will confer And everlasting Obligation On him And many of his Friends And will be Esteemed As A particular favor done to your Most Obt. &. Very Hble Sert
James Williams

   RC (DLC).

   There is no record that Morton Pannill (b. 1780) attended the College of New Jersey at Princeton. His father and JM served together on the Orange County Committee of Safety in 1775 (WMQWilliam and Mary Quarterly., 1st ser., 6 [1897–98]: 115; W. W. Scott, A History of Orange County, Virginia [Richmond, 1907], p. 65).

   Samuel Stanhope Smith, in addition to serving as president of the college, also taught moral and political philosophy (Harrison, Princetonians, 1769–1775, pp. 48–49).

   Possibly the James Williams who had been a superintendent during the presidential election in Orange County in 1800 (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 17:399 n. 2).