Title: To James Madison from Charles Pinckney, 22 July 1801
From: Pinckney, Charles
To: Madison, James

Dear Sir
July 22: 1801 In Charleston
I believe I omitted in my last to mention to You that I only have drawn for three thousand Dollars of my Outfit & drawn on You & that I wish to recieve the remainder in Europe—& that I will thank You to Write to Messieurs Willink, Van Staphorst & Hubbard to pay it to my drafts there. There seeming to have been an Omission of a Word or two in your Letter to those Gentlemen will make this necessary. I am hopeful to sail next sunday & should we have good Winds & Weather soon to be in Europe. I committ myself to Your care as an absent friend, whose interest in his absence may require all your friendship & support. It is with political influence, as with Love that absence is frequently dangerous & we can only rely on our friends to prevent it’s inconveniences.
I before mentioned to You the general Wish there is here for Mr Daniel D’oyley to be Collector of Charleston—& to have Mr Simons the present one removed. I can assure you my friend all our good republicans in this city are anxiously looking for a change. After all our Struggles in this State to get the upper hand We do not like to see our active & Virulent Enemies still holding the influential offices of Government. It hurts the feelings & pride of the republicans to see these Men, possessing the influence of Office, & in the necessary official correspondence of the Government—sneering at our friends & deriding the neglect of them. I wish the Government very much to take notice of our friends & give the republicans Spirits. If Mr D’oyley is Collector, the Force he will give to our interest by means of the Customs being in his hands with all the influence of that office, will be such a Weight taken out of one scale, & thrown into the other as You can have no idea of & will make Charleston in future one of the Strongholds of republicanism.
As I have frequently mentioned Mr D’oyley for this office I desired him Yesterday to send me a memorandum of his former situations that I might be more explicit in my recommendations of him. He sent me the inclosed & his account of himself is so true & so artlessly told that I thought I would send it to you, just in the manner I recieved it. He is a host to the republicans, & it is the universal expectation he will have it. All parties agree to his Merit & fitness.
If Colonel Hampton declines the Post Master Generals Place I most earnestly recommend Mr Peter Freneau. He has long been secretary of this State, & is now retired on his fortune. In point of knowledge he has few superiors—of excellence of character—none. From his industry & activity & knowledge particularly of that office, I believe he will make one of the best Officers You could get. We also wish Mr Theodore Gaillard District attorney (Vice Parker) & Edward Darrell Supervisor. I thought it necessary to mention this to You before I sail—& to put You upon your Guard against the misrepresentations of pretended friends. You know our friends Major Butler, Colonel Hampton, General Sumpter Mr: Alston Judge Burke & some others in whom you can explicitly confide. Mr Freneau, Mr D’oyley, Judge Ramsay, Mr Lehré, Mr William Alston are very much to be relied on & many others whom Major Butler & Colonel Hampton can inform You of. Accept my best Wishes for Your health & happiness & believe me dear sir, ever obliged & with respect regard Yours Truly
Charles Pinckney

   RC (NN). Docketed by Wagner as received 6 Aug. Enclosure not found.

   Pinckney sailed Saturday, 25 July (National Intelligencer, 17 Aug. 1801).

   James Simons (or Symonds; also Simmonds) had been named collector at Charleston in July 1797. Jefferson was told he was a “violent federalist” who nonetheless “commands great interest.” Pierce Butler called him “an excellent officer, much afraid of being removed.” Simons retained his post in late 1801 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:248; notes filed under Symonds and D’Oyley [DNA: RG 59, LAR, 1801–9]; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Misc., 1:278).

   Wade Hampton served in the Revolution, much of the time with Gen. Thomas Sumter, and afterward became a speculator, landowner, and slaveholder. Elected to many state offices, he served in the U.S. House of Representatives, 1795–97, and was a Jefferson elector in 1800. Hampton declined the postmaster general’s office on 26 June and returned to the House in 1803 (Edgar et al., Biographical Directory of the South Carolina House of Representatives, 3:308–10; Hampton to Jefferson, 26 June 1801 [DLC: Jefferson Papers]).

   Thomas Parker had been Washington’s nominee as federal district attorney for South Carolina in 1792 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:126).

   Edward Darrell, Jr., a Charleston attorney, was described to Jefferson as “a furious republican” who had “offended the British merchts by his zeal” (Kline, Papers of BurrMary-Jo Kline, ed., Political Correspondence and Public Papers of Aaron Burr (2 vols.; Princeton, N.J., 1983)., 1:545 n. 15; notes filed under Symonds and D’Oyley [DNA: RG 59, LAR, 1801–9]).

   Joseph Alston studied at Princeton in 1795–96, later read law with Edward Rutledge, and in February 1801 married Aaron Burr’s daughter, Theodosia. Alston began a career in the lower house of the assembly in 1802, serving from 1805 to 1809 as Speaker.

   Thomas Lehré, sheriff of Charleston district in 1801, claimed to have made “unremitted exertions” on Jefferson’s behalf in the 1800 election. Considering him for the post of marshal in the South Carolina district, the president learned that Lehré was a “steady republican” but might turn down the offer (Lehré to Jefferson, 18 Jan. 1806; notes filed under Symonds [DNA: RG 59, LAR, 1801–9]).

   William Alston, father of Joseph Alston, was a prominent Georgetown, South Carolina, rice planter.


Title: To James Madison from Edward Livingston, 22 July 1801 (Abstract)
From: Livingston, Edward
To: Madison, James

22 July 1801. Recommends Dr. George Davis of the U.S. Navy to be American consul at Algiers.

   RC (DLC). 1 p.


Title: To James Madison from John Montgomery, 22 July 1801 (Abstract)
From: Montgomery, John
To: Madison, James

22 July 1801, Alicante. Owing to family illness, his brother has left for England. Has been appointed by him to conduct official business. Encloses copy of letter from O’Brien and of Montgomery’s reply. No Tripolitan cruisers have been reported on the coast. Swedish vessel reported sighting three U.S. frigates off Gibraltar. Postscript adds that Gavino in letter of 29 June has informed him of arrival of three U.S. frigates and a schooner at Gibraltar.

   RC and enclosures (DNA: RG 59, CD, Alicante, vol. 1). RC 2 pp.; in a clerk’s hand, signed by Montgomery; postmarked Philadelphia, 30 Oct.; docketed by Wagner as received 3 Nov. Enclosures are O’Brien to Robert Montgomery, 18 June 1801 (4 pp.), complaining of the lack of letters from anyone and warning of the volatile situation in Algiers, and John Montgomery to O’Brien, 22 July 1801 (3 pp.).

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


Title: To James Madison from Thomas Tunno and John Price, 22 July 1801 (Abstract)
From: Tunno, Thomas,Price, John
To: Madison, James

22 July 1801, Charleston. Encloses memorials to both houses of Congress with other documents related to the South Carolina, which was condemned at Palma, Majorca, in violation of treaty between U.S. and Spain. Enclosed papers show that condemnation was carried out under provisions of “a late Law of Spain, passed in 1799, posterior to the Treaty.” Asks JM to present memorials and documents, confident that claim “will meet with due regard” and that the incident will be called to the attention of American minister in Madrid.

   RC and enclosures (DNA: RG 76, Spain, Treaty of 1819, Misc. Documents). RC 1 p.; docketed by Wagner. Enclosures (10 pp., partly in Spanish) are copies of David Humphreys’s correspondence with Spanish minister, 8 Nov. 1800–8 Feb. 1801, concerning the South Carolina. JM appears to have forwarded the memorials to Congress, for on 12 Feb. 1802 he responded to orders of both houses to report on the memorials (DNA: RG 233; DNA: RG 46).


Title: From James Madison to Rufus King, 23 July 1801
From: Madison, James
To: King, Rufus

Sir,
Department of State Washington 23d July 1801
Mr. William Gibson, Merchant of Charleston, south Carolina, has represented to me, that he has two appeals now depending in London from the sentences of the Vice Admiralty Court of the Bahamas in the cases of the American Ship Sally and Brig Isabella, the former owned and both of them laden in part with his property, and which the presiding Judge, Condemned for the sole reason, that Mr. Gibson had been admitted a Citizen of the United States subsequent to the year 1793. If you can render him any assistance in facilitating the attainment of Justice, I request you to be pleased to lend him your aid as far as may be usual and proper. With very much respect, I have the honour to be, sir, Your most obedient Servant
(Signed)   James Madison

   Tr (CSmH); letterbook copy (DNA: RG 59, IC, vol. 1); letterbook copy (DNA: RG 59, IM, vol. 5). Tr marked: “Copy from the original; no Duplicate received.”


Title: From James Madison to Richard Söderström, 23 July 1801
From: Madison, James
To: Söderström, Richard

Sir:
July 23, 1801.
I have been honored with your letter of the 20th, requesting to know the determination of the Executive on the cases of three Danish vessels explained in your letter of the 10th ult.
Should the Executive, on an investigation of those claims, be satisfied that compensation is due to the Danish subjects, on whose behalf they are made, it must be sanctioned by an appropriation of the Legislature. But the general usage requires that redress should be first prosecuted judicially, and, if not thus obtained, and the obligations of the United States should be found nevertheless to demand that compensation should be made, the circumstances of each case will be so clearly ascertained in the judicial process, as to enable the Government to do justice both to itself and to others. I have reason to conclude that this course will be the more satisfactory to you, as your observation will have convinced you of the scrupulous regard to the rights of foreigners by which our courts of justice are distinguished. I have the honor to be, &c. &c.
James Madison.

   Printed copy (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 3:345).


Title: To James Madison from Bartholomew Dandridge, 23 July 1801
From: Dandridge, Bartholomew
To: Madison, James

Sir,
Aux Cayes 23d. July 1801.
I have had the honor to inform you that I arrived at this place the 8 June, after touching at Cape françois; but lest my Letter should miscarry it may not be amiss to repeat here, that I was received in a very friendly manner by the Genl. in Chief Toussaint, introduced by Dr. Stevens, to whose friendly attention & information I am much indebted. Genl. Toussaint gave me letters to Genl. Dessalines who commands the Western & Southern Departments & who was at this place at that time, in consequence of which I was formally recd. & acknowledged here as the Consul of the UStates. Both the Genl. in Chief and all the officers of Administration seem to be sensible of the importance of a friendly intercourse with the United States, & strongly express a Desire of its continuance. The Duty of 20 pr. Ct. on all Articles exported from hence still exists; the Duty of ten pr Ct. on imports from the U. States, as it respects some articles of primary necessity, is reduced to 6 pr Ct., as you will have seen by a regulation of the Genl. in Chief of the 18 floreal last. I have the honor to send herewith for your information, a Tarif of the permanent prices of Articles imported & exported upon which the Duties are estimated. I also send herewith a List (the most correct I could procure) of Vessels of the United States which have been to this Port since the 1 Jany. last. Some of them have been captured on their return home, carry’d to Jamaica or elsewhere & condemn’d. Lately I am inform’d that the schooner Branch, mentioned in the List, is carry’d to New Providence; & the schooner Brutus & ship Wm. Pennock are carry’d to Jamaica by english privateers. I have not heard under what pretence, probably because they had valuable Cargoes. I have just recd. a Letter from Dr. Stevens which expresses a belief that some new arrangement will soon take place respecting the Commerce between this island & the UStates & that our flag will be more respected by the british. I sincerely wish it may be the case. I have also just got a letter from Mr Lear mentioning his arrival on the 4th. inst: at the Cape & his being acknowledged in his official capacity. Every thing is perfectly quiet here—the negroes have been made to return to the plantations to which they formerly belonged & to cultivate them as usual. A very abundant Crop of good Coffee is expected from present appearances. I have the honor to be, with sincere respect & Esteem, Sir, Yr. faithful Servt.
Bew. Dandridge

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3). Docketed by Wagner as received 29 Aug. Enclosures not found.

   Letter not found.

   8 May 1801.

   Bartholomew Dandridge, a Virginian, had been Adams’s nominee as consul for the southern district of Saint-Domingue, including the towns of Cayes and Jérémie, in December 1800. Jefferson retained him as commercial agent at Port Républicain (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:357, 402).


Title: To James Madison from William Vans Murray, 23 July 1801
From: Murray, William Vans
To: Madison, James

No. 10.
Sir,
Paris 23 july 1801.
At length they will ratify, but with a declaration in the body of their act that the omission of the second article, and the addition of the new one of limitation, to both of which they will formally assent, are to be considered as an abandonment respectively of the pretentions under that 2d article.
Convinced Sir as I am that nothing better can be gained, & confiding in a liberal judgment in Government upon the situation in which I am placed, I shall exchange upon these terms.
In a very few days I trust that I shall be able to inclose to you the instrument exchanged. I am with sentiments of high respect Sir yr. mo. ob. set. &c &c &c
W. V. Murray.

   RC (DNA: RG 59, DD, Netherlands, vol. 4). Docketed by Wagner as received 11 Nov.


Title: To James Madison from Edward Thornton, 23 July 1801
From: Thornton, Edward
To: Madison, James

Sir,
Philadelphia 23rd July 1801
I learn by the public papers, and I have as yet received no other intelligence, that an English Ship bound from the West Indies has been brought into one of the Eastern ports, the French prisoners on board having risen upon the crew and compelled them to come to the United States.
If this Ship is a Cartel or flag of truce, carrying prisoners to France, I have to request that you will issue the necessary orders that she may be restored to the persons from whom in that case she has been illegally and piratically taken. If on the other hand, she has been fairly captured by the French prisoners on board from the persons appointed to guard them, (as the public prints indeed seem to state), the most favourable point of view in which this Ship can be regarded, is that of a prize made on His Majesty’s subjects; and it only remains for me to request, that you will have the goodness in conformity to the tenor of the stipulations which exist between His Majesty and the United States, to order the immediate departure of the vessel from the port in which she has taken refuge. I have the honour to be with perfect truth and respect, Sir, Your most obedient humble servant,
Edwd Thornton.
PS. When I receive farther particulars of this event from Boston, I shall do myself the honour of laying them before you.
E. T.

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

   Thornton referred to the Windsor incident (see The Struggle to Maintain Neutrality, 8 June 1801).


Title: From James Madison to Rufus King, 24 July 1801
From: Madison, James
To: King, Rufus

Sir,
Department of State Washington 24th. July 1801
My letter of the 15th. of June acknowledged the receipt of your communications of April 20 and 21st. by Mr. Sitgreaves. Your several favours received prior to that date and since, and not acknowledged complete your new series including No 36 with the addition of No 19.
Having already communicated to you the decision of the President with regard to the proposed commutation of the claims against the United States under Art. VI. of the Treaty of 1794 into a nett sum of six hundred thousand pounds sterling, I have nothing now to add on that subject beyond my wishes that the negotiation may be brought to a speedy as well as a final issue. Your letter of May 30th., the last one received, countenances such an expectation more than the preceding appearances. There is notwithstanding much room to remark that with due allowances for other pressures on the attention of the British Government, a due share of it has not been given to a subject which they profess to consider of so much importance to that good understanding between the two countries, which they also profess to have so sincerely at heart.
But if complaint be justifiable for the delays attending the proposed liquidation of the debts on which a difference of opinion, and a tedious discussion were to be apprehended, what must be thought of the difficulties and delays thrown in the way of other subjects; some of them acknowledged to be just in the precise form given to them, others unsusceptible of any specious controversy, and others of a nature and magnitude to make the most trying appeal to the interest and sensibility of the United States.
By your letter of March 10th. 1800, it appears that the proposition for explaining the list of contraband of war contained in the XVIII Article of the Treaty, and thereby mitigating the vexations of our lawful commerce under pretext of that article, tho’ admitted as early as the summer of 1799, after full examination and minute discussion, to be in a form proper to be adopted, has not even yet been carried into effect, nor is it known that any adequate measures have been taken to arrest or redress the abuses.
The articles proposed to be added to the Treaty for placing our vessels trading to the Mississippi under the same security with our other coasting vessels and declaring that neither party shall impress on the high seas, seamen out of vessels of the other, tho’ resting on such solid grounds of reason, and the latter so acknowledged by Lord St. Vincent himself, and though known to have been for many years a source of peculiar irritation in this country, have neither of them been formally stipulated or practically enforced.
Even the proposed removal of the obstacles of form to the restitution of the Maryland Bank Stock, a measure prescribed by the clearest obligations of moral and legal right, has experienced all the procrastination incident to the most doubtful and intricate topics of negotiation.
Adding to these considerations, the perseverance of the British government in not effectually controuling the depredation on our commerce, the immense amount of these depredations, the violations of all principle, rule, and decorum in many of their subordinate Tribunals, the difficulties, delay, and ruinous expense of seeking redress in the higher ones, the numerous instances in which insult has been added to injury, during the seizures and condemnations of our vessels; adding again the number and manner of impressments committed on American seamen, native as well as naturalized, with their protections in their hands, and on neutral aliens voluntarily engaged in the service of our vessels, together with the long period thro’ which this enormity, as well as that of the depredations on our commerce, has been suffered to go on, in spite of all the arguments, expostulations and remonstrances which have been opposed to them; adding, finally, that this mass of injustice and aggression has fallen on a nation whose proceedings towards the British nation and Government have been regulated by the most faithful attention both to the stipulations of Treaty, and the obligations arising from its neutral character, which is acknowledged by that Government to have furnished no just topic for reproach or complaint, which is felt and admitted also to be the greatest consumer of British exports, the most valuable source of those raw and bulky materials which employ both their manufactures and their navigation, in fact, in all senses, their best customer, and latterly the fund in a great measure of the necessaries of life to themselves, as it must be at all times to a great part of their dependent dominions; all these considerations thrown into one view make it difficult to decide whether the greater wonder ought to be excited by the steady course of rectitude observed on the part of the United States, or the wanton abuses of power on the part of Great Britain; by the unexampled patience of the former or the impolitic experiments made on it by the latter.
To give full force to these remarks it would be requisite to state the precise extent of the two principal injuries viz: the spoliations on our trade, and the impressment of our seamen. The materials however in this office give a more limited information on the first of these, than such as are probably in your hands or within your reach. The value of the property unlawfully seized and condemned since the Treaty of 1794, and consequently in violation of that Treaty, must amount at a moderate computation to some millions of dollars.
The imperfect lists of impressed seamen which have been obtained by our Agents and reported to this Department swell the number to near two thousand, more than four fifths of whom are natives of the United States, not more than seventy are British subjects, and more than seventy Aliens both to Great Britain and the United States, and consequently so distinguishable by their language and other signs as to take away all color of apology for the outrage. Of the whole number of seamen thus deprived of their rights, and forced into the hardships and dangers of a foreign service in time of war, about one third only have been set at liberty; notwithstanding the time, the pains and the expense which have been used for that purpose by their country.
Examples might be multiplied, both of depredations and impressments, showing also in the strongest manner, that the extent of them, is not the only offensive light in which they are to be viewed. Your own recollection and researches can readily supply these examples. You will find several of the first kind in the hands of Mr. Williams, referred to him by the Consul at Lisbon. In relation to impressments it will not be improper to cite a very marked instance which has lately been transmitted: By a letter from Mr. Smith, the Minister Plenipotentiary of the United States at Lisbon it appears “That on the night of the 7th. of April last, between the hours of 11 & 3 OClock, three American vessels were boarded while at anchor in that Harbour, by a Boat belonging to the British frigate Diana, Captain Stephenson, manned by an officer and several men, who armed with pistols and drawn Cutlasses, after committing sundry acts of outrage, and menacing the lives of unarmed men in their beds, forcibly pressed and carried away a seaman from one of the said ships.”
It is to be observed that in aggravation of this atrocious assault, it was made during the middle of the night, within the jurisdiction of a friend both to Great Britain and the United States, that it proceeded from a ship of war, commanded by a commissioned officer, and was executed by a party headed by an officer. A greater indignity could scarcely be offered to the United States or to Portugal, or a more flagrant outrage on individuals. It is indeed said that the Captain of the Frigate disclaimed all knowledge of the transaction: But have the real authors of it been brought to punishment? Has the unfortunate seaman been restored? An apology without these satisfactions is a mockery, and nothing more. As it appears by Mr. Smith’s letter to the Department of State, that you have been furnished with an account of this atrocity, it is not doubted that you will have presented it in its true light to the British Government, and as the fact is so precise and so indisputable, and the officers can be so easily identified, it would be but a reasonable reliance, that instant trial and punishment must have ensued, if the inefficacy of demands on the justice of the British Government on such subjects, had not so much familiarized the United States to disappointment.
The complaints daily arriving at this office show that our mariners are impressed without the least respect for their legal protections, certified in the most authentic forms; that after impressment they are often menaced or maltreated into enlistments, and then, (in direct contradiction to the principle on which British seamen voluntarily engaged on board American vessels are taken off as British subjects) claimed as regular members of British crews, that they are in fine, not only subject to the discipline and dangers of the foreign service, but exposed to be made prisoners by the powers at war with Great Britain, and involved with British subjects in all the calamities of that situation.
Of this last fact the following proof is selected out of a number that might be produced, because being the last received, it is the first that offers itself, and because it includes a very singular aggravation of the original tresspass.
Mr. Mountflorence writes from Paris on the 15th. of April 1801 “that many of our seamen are daily captured on board English vessels by French cruisers, and brought into the ports of France. The British Commissary of Prisoners of war here had constantly claimed such American sailors as English, to have them exchanged as such. These Americans being put on board of a Cartel were not suffered to land on their arrival in a British port, but were immediately taken on board some tender and carried to the nearest English man of war. By these means these poor fellows were deprived of the possibility of making their cases known to our Agent for seamen in London. Such at least is the information given me by some sailors.”
It cannot be pleaded that the seamen in question were taken in vessels where they had entered voluntarily. These instances, if they exist at all are so few, that the supposition cannot be admitted. Nor does it mitigate the wrong on the part of Great Britain, that they have suffered another wrong from the French Republic in not being set at liberty on arriving within its jurisdiction, according to the law and practice of nations. A redress of the latter wrong will be pursued, thro’ the Minister Plenipotentiary, who is shortly to go to that country, and with the less doubt of success as Mr. Mountflorence says, that an interposition in his exofficial character had obtained the discharge of a number of our seamen mingled with British prisoners.
It has been felt as a duty to the public rights, and also as a just respect to the public sensibility, not to pass lightly over the spoliations and impressments which the British Government has so long authorized or tolerated. Hitherto the patience here has been nourished by a hope that right and reason would by degrees be consulted by power, or at least that peace might quickly close the scene of its abuses. This hope has not lost altogether its influence. But it is proper to be known, that these wrongs have made a deep impression on the American mind, and that if no satisfactory change of conduct be soon apparent, and the war be likely to go on, the policy of this Country, can scarcely fail to take some shape more remedial than that hitherto given to it. Should any necessity of the sort be imposed, the inconveniences which may result from it cannot in any degree be chargeable to the United States. They desire nothing more than the same respect for their rights which they scrupulously pay to the rights of Great Britain. They have manifested every disposition to cultivate good will and liberal intercourse between the two Countries. The sacrifices made to this disposition are indubitable proofs of its sincerity. The President wishes it to be understood, that his disposition is in perfect concurrence with that of the Community, and that every proper demonstration of it, will be found in the course of his administration. At the same time he equally wishes it to be understood and impressed, that whilst nothing is necessary on the part of Great Britain to the establishment of a thorough and lasting cordiality in the United States, but a return of the justice and respect of which they offer the example, it is not less certain, that without such a return, their cordiality must not be expected to be either entire or lasting.
I had written thus far when your letters of May 15 and 19 and June 1. came to hand, all at the same time. The contents of them, tho’ much is left to be done, for the removal of our complaints, especially on the subject of our seamen, afford very great and sincere pleasure. If the measures for suppressing the licentious proceedings of the Cruisers and Courts in the West Indies, be carried into full effect, they will cut off no inconsiderable source of the ravages on our trade. It is somewhat apprehended however, that the orders may be evaded as heretofore, whilst the present establishment of Courts continues, and that the tediousness of the parliamentary reform of these may conspire with the lateness of its date, to afford a long period for the harvest of abuses, and to shorten that within which they are to be corrected. Nevertheless it is of great importance in every view, that your endeavours should not be relaxed in urging all these measures of reform. The amendments which you have suggested to the Bill introduced into the House of Commons seem well calculated to render it more effectual and consequently more conciliatory, and will on both accounts improve its character. As the British Government has now repeatedly and so solemnly disavowed the principle on which so many condemnations have been made in the West Indies, it may be reasonably expected that it will provide a summary and complete redress for the individuals injured by them. In most of the cases, the principle of condemnation is expressed in the sentence and removes all difficulty, and where this has been omitted, it will not be difficult to deduce it from the libel or other circumstances of the case. You will conform to the injunctions of the President by pursuing this object with the attention which is due to the parties interested. Whenever it shall be known that a summary provision has been assented to, this Department will give all the assistance it can, towards extending the benefit of it to the individual claimants. The removal of Admiral Parker, and Captain Pellew from the American station, and on the grounds assigned for it, is another indication of a juster policy towards the United States which deserves to be acknowledged.
No time was lost in presenting more particularly to the attention of the President, your letter of June 1st. stating the interview with Lord H.—— in which he communicated to you for the information of the President, the orders given at the British ports in the Mediterranean, in favour of the American squadron sent into that sea. The President has received this communication with a lively satisfaction, and charges you to assure his British Majesty, that he feels all the value of the good offices he has been pleased to interpose, both as they afford a seasonable accommodation to the little squadron dispatched for the protection of our Mediterranean trade; and as they are a pledge of those friendly sentiments and that liberal policy which the United States sincerely wish to be reciprocal and perpetual between the two nations.
The cession of Louisiana from Spain to France, as intimated in your letter of 29 March had been previously mentioned from several quarters, and has since been repeated from others as an arrangement believed to have taken place. Although no official or regular confirmation of the fact has been received, it is more than a probability and has been the subject of instructions to Mr. Pinckney the Minister of the United States at Madrid, as it will also be to Mr. Livingston the Minister going to Paris. They will both make use of the proper means to prevent a change of our Southern and South Western neighbours, that is to say the means of peace and persuasion. Should Great Britain interpose her projects also in that quarter, the scene will become more interesting, and require still greater circumspection on the part of the United States. You will doubtless be always awake to circumstances which may indicate her views, and will lose no time in making them known to the President. Considering the facility with which her extensive navy can present itself in our Front, that she already flanks us on the North, and that if possessed of the Spanish territories contiguous to us, she might soon have a range of settlements in our rear, as well as flank us on the South also, it is certainly not without reason that she is the last of neighbours that would be agreeable to the United States.
It will be agreeable, and may be useful for you to know, that the seasons on which our Summer harvests depended, have been uncommonly favorable; and particularly that the crops of wheat throughout the United States are estimated to exceed by one half the produce of any preceding year, at the same time that the quality is also uncommonly excellent. With sentiments of the highest respect &c. &c.
James Madison

   Letterbook copy (DNA: RG 59, IC, vol. 1); letterbook copy (DNA: RG 59, IM, vol. 5). The RC was offered for sale in the Heartman Catalogue No. 171 (17 May 1924), item 90.

   Ministerial letterbook copy reads “No 16”—the correct number.

   William Loughton Smith to JM, 14 Apr. 1801.

   Mountflorence had expected to replace Fulwar Skipwith as commercial agent in Paris (Adams formally nominated him in February 1801), but since he never received his commission he could not obtain an exequatur, and thus he exercised only limited authority. Skipwith resumed his duties on 8 Oct., fortified with a new commission signed by Jefferson (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:384; Plaidoyer in case of Skipwith v. Mountflorence [DNA: RG 59, CD, Paris, vol. 1]; Mountflorence to Marshall, 28 Jan. 1801, Mountflorence to JM, 12 Oct. 1801 [ibid.]).


Title: To James Madison from George Davis, 24 July 1801
From: Davis, George
To: Madison, James

Sir
New York July 24th. 1801
I have the honor to enclose a part of the letters, which I am desirous to have presented to the President. The Absence of Chancellor Livingston, from the City, prevents my applying to him, at this time for a Letter on the subject.
His Excellency the Vice President, will be at Washington in a few days, and from, his personal knowledge of me I feel a confidence, of his interesting himself particularly in my behalf.
I haave [sic] only to add that should the result prove favorable to my views, no exertions, shall be wanting on my part, to merit those kind and flattering attentions, which I have received from you, and which will long be remembered with respect and gratitude. I have the honor to be with profound consideration your Mo obt servt
George Davis

   RC (DLC). Enclosures included Edward Livingston to JM, 22 July 1801, and Samuel L. Mitchill to Jefferson, 23 July 1801 (DLC).


Title: To James Madison from Albert Gallatin, 24 July 1801
From: Gallatin, Albert
To: Madison, James

Treasy. Departt. July 24th 18⟨01⟩
The Secretary of the Treasury has the honor to enclose an account presented by Mr Ellicot for the use of the instruments used in running the Southern boundary of the United States. This claim the Auditor does not think himself authorized to admit. Its propriety must depend on the manner in which the line was run, on the necessity of the apparatus for executing the business, and on the instructions or understanding on that subject at the time. The directions or opinion of the Secretary of State are respectfully requested.

   RC (DNA: RG 59, ML). For enclosure, see n. 1.

   Ellicott had sent Gallatin a two-page notarized listing of his private instruments and various tables and almanacs, paid for out of his own pocket, which he required on the boundary expedition and for which he sought a credit of $332. On the last page of the statement JM wrote on 24 July: “It does not appear that there was any stipulation or understanding between Mr. Ellicott & the Department of State that he was to be at the expence of finding the apparatus necessary in running the Southern boundary of the U. States, I am consequently of opinion that the reasonable expence incurrd for that purpose, ought to be allowed in his account against the U. States” (DNA: RG 217, Misc. Treasury Accounts, no. 12,509).


Title: To James Madison from Edward Thornton, 24 July 1801
From: Thornton, Edward
To: Madison, James

Sir,
Philadelphia 24th July 1801.
I have the honour of acknowleging the receipt of your letter of the 12th of this month; and although it does not become me to do other than acquiesce in the decision of the President which it announces, you will I hope permit me to state to you the grounds, on which the requisition I made seemed to me justly founded.
I was aware, that at the commencement of the present war the Government of the United States had resisted the request of the French Minister of that day to expel from their ports a British letter of Marque, which had made no prize and was engaged in a regular commerce; and had established on that circumstance a rule of conduct, which exempted vessels armed for commerce and war from being regarded in the light of privateers. But the act of capturing and bringing into port an unarmed merchant vessel seemed to destroy the analogy, which might otherwise have subsisted between the cases of the Spanish and British letter of Marque ships, and to expose the former to the penalty of expulsion with her prize. It was by the act of bringing a prize into port, that the Government about the same period defined the case, in which national Ships of war might be ordered to retire from the American harbours; and I appeal to your candour, Sir, whether from the tenour of the instructions then given to the Governors and other officers of the different states (as they are detailed in the extracts which I have the honour of annexing) these officers would not have considered themselves as justified in ordering away an English letter of marque, had she brought in a French prize.
A contrary doctrine leads apparently to conclusions, which could scarcely be intended—On the one hand, that vessels armed for commerce and war would in similar circumstances be treated more favourably than public Ships acting under the orders of their Sovereign and engaged on the most important services—On the other hand, that privateers might find it for their interest to furnish themselves with letters of marque rather than their usual commissions, and under the disguise of an insignificant commerce might abuse the asylum of the American ports for the purpose of promoting their hostile schemes.
There is some reason to suspect, that a French privateer called the Beguine (as I collect from the public papers) has already made use of this Artifice for the purpose of remaining in the port of Boston, or else has equipped herself in that harbour in a hostile manner in order to cruize against His Majesty’s Subjects, contrary to the long-established regulations of the federal Government, as well as to the stipulations of the Treaty of Amity between Great Britain and the United States.
It was with a view to prevent the recurrence of such events and to procure a summary execution of these stipulations (which in reality are almost rendered null by a delay of any length) that I made the request contained in the latter part of my letter of the 6th curt.: and I still flatter myself, that the President will be pleased on mature deliberation to issue instructions to that effect to the federal officers in the different sea-ports of the Union. I have the honour to be with perfect truth and respect, Sir, Your most obedient humble servant,
Edwd Thornton.
P. S. I forwarded to Mr Stevens agreeably to your wishes a passport for the Ship bound to Tunis, and I shall take the earliest opportunity of transmitting to the Captain of the Andromache the statement contained in your letter of the 16th curt.
E. T.

   RC and enclosure (DNA: RG 59, NFL, Great Britain, vol. 2); Tr (PRO: Foreign Office, ser. 5, 32:161–62). RC and enclosure docketed by Wagner.

   Thornton enclosed extracts (3 pp.) of Edmund Randolph’s 6 May 1795 letter to George Hammond and his 8 May 1795 letters to Hammond and to the governor of Virginia prohibiting British captors of French prizes from entering American ports.

   The Peace and Plenty.

   Letter not found.


Title: From James Madison to Carlos Martínez de Yrujo, 24 July 1801 (Abstract)
From: Madison, James
To: Yrujo, Carlos Martínez de

24 July 1801, Department of State Encloses an extract from letter written by American consul in Santiago de Cuba indicating there are several American vessels lying in the harbor that were recaptured from Spain’s enemies and condemned. Furthermore, American sailors seized from captured British vessels are now prisoners of war in that port. Notes that their rights as neutrals were violated, because they were forced to do work for their captors, and they should be released. The president has instructed the American minister in Madrid to communicate these matters to the Spanish government, persuaded that its friendly disposition toward the U.S. will result in prompt action. In the meantime, requests Yrujo’s intervention with Cuban authorities.

   Tr and Tr of enclosure (AHN: State Archives, vol. 5630). Tr 3 pp.; in Spanish. Enclosed extract (2 pp.; in Spanish) is from Josiah Blakeley to JM, 10 June 1801.


Title: To James Madison from John Gavino, 24 July 1801 (Abstract)
From: Gavino, John
To: Madison, James

24 July 1801, Gibraltar. No. 68. Reports frigate Philadelphia came into the bay 18 July; since then two Tripolitan cruisers anchored there have kept their flags lowered. Captain Barron requested a pilot to go to Tetuán Bay for water, since governor allows no water for warships. Five homeward bound American ships will go with Philadelphia, and more are arriving. Commodore Dale’s squadron has deterred Tripolitan cruisers from doing more damage, saving perhaps twenty merchant ships from capture. Encloses receipt for $36 spent to send advice boat to Philadelphia. Postscript of 26 July reports capture of three American brigs in recent days by French and Spanish privateers “& Yesterday a large ship also supposed to be an american.”

   RC (DNA: RG 59, CD, Gibraltar, vol. 2). 2 pp. Printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:530. Enclosure not found.

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


Title: To James Madison from James Henry, 24 July 1801 (Abstract)
From: Henry, James
To: Madison, James

24 July 1801, Northumberland County. Writes as “an Old Acquaintance,” recommending a Mr. Goulding for public office.

   RC (DLC). 1 p.


Title: To James Madison from Edward Thornton, 24 July 1801 (Abstract)
From: Thornton, Edward
To: Madison, James

24 July 1801, Philadelphia. Encloses letters and papers from Spain addressed to U.S. secretary of state, forwarded to him by Governor Beckwith of Bermuda, together with a copy of Beckwith’s covering note, which explains that they “having been opened at sea found their way to me in their present condition.”

   RC and enclosure (DNA: RG 59, NFL, Great Britain, vol. 2). RC 1 p.; docketed by Wagner: “Dispatches with broken seals.” Enclosure is Beckwith to Thornton, 20 June 1801 (1 p.). Enclosures from Spain not found.


Title: To James Madison from Israel Whelen, 24 July 1801 (Abstract)
From: Whelen, Israel
To: Madison, James

24 July 1801, Philadelphia. Acknowledges JM’s letter of 17 July [not found]. Reports that papers concerning Peace and Plenty are forwarded to Stevens [in New York] and that he has communicated JM’s message to the captain of the George Washington to sail “as soon as possible.” Has informed Stevens the vessel “will be off the Hook on Wednesday or Thursday next.” Notes that part of its cargo of timber had to be left behind. Encloses copy of explanatory letter to O’Brien and an inventory of timber included in invoice but not taken on board.

   RC and enclosures (DNA: RG 59, ML); letterbook copy (DNA: RG 45, Purveyor’s Office, Philadelphia). RC 1 p.; docketed by Wagner as received 27 July. Enclosures 2 pp.


Title: From James Madison to Levi Lincoln, 25 July 1801
From: Madison, James
To: Lincoln, Levi

Dear Sir
Washington July 25. 1801
Tho’ much hurried in preparing for my journey home I can not leave this place without thanking you for your last very kind letter, and wishing you all the happiness in your domestic situation which will be added by the perfect reestablishment of Mrs. Lincoln’s health, and that of her mother. Mine in which you are so good as to take an interest, ⟨h⟩as with a slight bilious interruption continued to improve in a moderate degree, and if I can get into the pure air which I breathe at home, without a return of the attack, I shall have a more flattering prospect than I have had for nearly two years past.
I recd. last evening a letter from Mr. Dawson of May 27. He had passed thro’ the preliminary ceremonies but had not reached the stage of a formal ratification of the Convention. He ventures however to say that every appearance assures him that it will meet with no difficulty. I have letters also from Mr. King of May 30. & June 1. which manifest dispositions equally satisfactory in that quarter. The orders for suppressing the outrages on our trade in the W. Indies are renewed, with an addition requiring all letters of Marque not conforming to them to be called in. Other tokens are given of a wish to cultivate a good understanding with us. The strongest of them, is an order for our Frigates gone to the Mediterranean, to be kindly recd: and supplied with what they want from the King’s stores at Gibralter, Minorca & Malta. This was communicated by Ld. Hawkesbury to Mr. King, by order of his Majesty, for the information of the President of the U. S. This mark of politeness & liberality, would however have had more merit, if it had not introduced a conversation on the subject of Louisiana, which betrayed ideas not so disinterested. Still the proof remain⟨s⟩ that the present policy there is to treat us with more respect and to acknowledge us as of more importance than heretofore notwithstanding the prophetic degradations denounced against the election of Mr. Jefferson. For other articles of intelligence I must refer you to the Newspapers, having time only to add assurances of the high esteem & sincerest affection, with which I am Dear Sir, your friend & servt.
James Madison.

   RC (MHi). Docketed by Lincoln.


Title: To James Madison from Louis-André Pichon, 25 July 1801
From: Pichon, Louis-André
To: Madison, James

George Town 25 Juillet 1801. 6 Thermidor an 9
Citizen Pichon has to direct his thanks to the Secretary of state for the ready communication made to him of the sanitary regulations provided by the United States: the Same are translating and will be transmitted to France.
Cn. Pichon has to acknowledge the receit of the Secretary of state’s list of captures made by the United States which are, under the Treaty, liable to restitution. As the idea is Suggested in that document that a more correct list may be procured, Cn. Pichon will make no remark upon it; but he will only State, in order that no acquiescence on his part, in that document, may be implied, That there are, to his knowledge, cases not comprised in the Statement, which he will take a proper opportunity of laying before the Secretary of state.
It being understood by Cn. Pichon that owing to the constitutional laws of this country Some impediments may stand in the way of even a partial execution of the Treaty, as long as the Same has not been exchanged, he will wait untill that transaction has taken place, which soon must be known here, in order to make more direct applications under or to make any remark that may occur upon the letter which the Secretary of State has written him on the 16th. July in answer to seve⟨ral⟩ questions proposed by Cn. Pichon.
Inclosed are two letters: one to General La crosse in behalf of Mr. J. R. Livingston, as desired by Mr. Madison; the other adressed to Mr. Livingston himself which Mr. Madison is desired to forward with that to Gnl. Lacrosse.
L. A. Pichon

   RC (DNA: RG 59, NFL, France, vol. 1); Tr (AAE: Political Correspondence, U.S., 53:259). RC in a clerk’s hand, signed by Pichon. Tr in French. Filed with RC are copies of: a list of French ships captured by the U.S. before 30 Sept. 1800 and libeled but not condemned in federal courts and an incomplete register of French vessels captured since then; Attorney General Charles Lee to the secretary of the navy, 23 Nov. 1800, discussing legal questions raised by the irregular condemnation and sale of captured French ships; the secretary of the navy’s circular letter to commanders of U.S. warships, 29 Nov. 1800, warning that the portion of prize monies from the sale of French captures in the Caribbean due to the U.S. should be forwarded to the Navy Department; and a list of French ships captured and sold without any regular proceedings in U.S. courts.


Title: To James Madison from David Lenox, 25 July 1801 (Abstract)
From: Lenox, David
To: Madison, James

25 July 1801, London. Encloses quarterly abstract of applications made for release of impressed American seamen. Between 1 Apr. and 1 July has received 130 new applications for release; 33 cases were not adjudicated in the quarter preceding, and 6 have been renewed, for a total of 169. Of them, 21 have led to discharge and 39 men have been ordered released. Thirteen have no proof of citizenship, 4 received bounties, 6 are detained as British subjects, 2 are prisoners of war, 7 were not on the ships represented in their applications, 3 did not answer the descriptions on their certificates, 2 escaped, and 42 cases are pending.

   Partial Tr and Tr of enclosure (DNA: RG 46, Reports and Communications Submitted to the Senate from the Secretary of State, 7th Cong., 1801–3, 7A–F1); partial Tr (DNA: RG 233). Tr 1 p. Tr of enclosure 1 p. Filed with both partial Tr’s are two brief extracts, relating to impressment, from William Savage to the secretary of state, 19 May and 6 July 1801 (letters not found).


Title: From James Madison to Isaac Hite, 25 July 1801
From: Madison, James
To: Hite, Isaac

Letter not found. 25 July 1801. Offered for sale in James F. Drake Catalogue No. 28 (1909), item 110, which notes that the two-page letter “mentions the treaty with France, the attitude of Great Britain, the election of Jefferson, etc.” Also offered for sale in Stan. V. Henkels Catalogue No. 975 (1908), item 778.


Title: To James Madison from Albert Gallatin, 27 July 1801
From: Gallatin, Albert
To: Madison, James

Dr Sir
Treasy. Departt. 27th July 1801
Upon consideration, I think it will be better to leave with me some blank commissions signed by you, but not by the President, in order to avoid the delay which would otherwise arise from the necessity of sending them to you after they had been filled & signed by the President. […]
Are the following commissions ma⟨de out?⟩
Silas Lee—Dist. Atty. Maine
Jarvis—Collector Penopscott vice Lee
Blake—Dist. Atty. Massachts. vice Otis
Enoch Parsons Marshal Connecticut
Alexr. Wolcott. Collector Middletown Connect.
The President had concluded to issue them all before he left the city.
I wish also a Commission to be in readiness before you go, for Caleb Brewster Captain or Master of the Revenue Cutter as I intend applying for the same to the President.

   RC (ViU: Dolley Madison Papers). Signature clipped.

   Words cut away when signature was clipped.

   In early August the National Intelligencer announced the appointments of Silas Lee, George Blake, and Alexander Wolcott to the posts Gallatin listed. At Penobscot the president finally replaced John Lee with Josiah Hook, rather than Benjamin Jarvis. Jefferson formally nominated Joseph Willcox as federal marshal for Connecticut in December; Enoch Parsons remained in office as sheriff of Middlesex County (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:397; National Intelligencer, 3 and 7 Aug. 1801; Kline, Papers of BurrMary-Jo Kline, ed., Political Correspondence and Public Papers of Aaron Burr (2 vols.; Princeton, N.J., 1983)., 1:574 and n. 1).


Title: Agreement with Benjamin Grayson Orr, [27 July] 1801
From: Madison, James,Orr, Benjamin Grayson
To:

[27 July 1801]
It is agreed by the parties subscribing vizt. James Madison & Benjn G. Orr, that Plato the slave of the said Orr is to serve the said Madison for five years from this date during which time the said Orr nor any other person in his or any other right but his the said Madisons, Shall exercise any Kind of rights ownership or controul over the said Plato, who is to be & remain for the term of years aforesaid in the service subject to the orders, & under the direction in every respect of the said Madison, as fully & completely as if he was his own Slave & property during his Natural life.
In consideration whereof the said Madison is to pay to the said Orr or to his order within ninety days of this date two hundred & fifty Dollars.
In witness the parties hereunto subscribe their hands & affix their seals. 27th. July 1801. at the City of Washington

James Madison
Benj Grayson Orr

$250 due 25 octor.

   Ms (DLC). In Orr’s hand, signed by Orr and JM. On the verso Orr on 15 Aug. 1801 assigned the obligation to John Mason “for value recd.”; on 2 Nov. Henry Suttle wrote: “Received the above assignment of Two Hundred & fifty Dollars of Jas. Madison Esqr. in full, for John Mason.” Also endorsed by Mason.

   Benjamin Grayson Orr (1768–1822), a native of Loudoun County, Virginia, was a prominent merchant. He served as mayor of Washington, D.C., 1817–19 (Tyler’s Quarterly Historical and Genealogical Magazine, 4 [1922–23]: 49; PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11—, Charlottesville, Va., 1977—)., 12:439 n. 1).


Title: From James Madison to George W. Erving, 27 July 1801 (Abstract)
From: Madison, James
To: Erving, George W.

27 July 1801, Department of State. Announces president’s decision to appoint him to London as agent for managing American claims and appeals in the High Court of Admiralty, court of appeals, and before the board of commissioners under article 7 of the Jay treaty. Instructs Erving to obtain documents relating to claims and appeals from former agent, Samuel Williams. Notes that Erving will also assume Samuel Cabot’s duties and may replace the agent for American seamen, should he resign his office. Prescribes salary of $1,000 until board of commissioners reopens proceedings.

   Letterbook copy (DNA: RG 59, IC, vol. 1). 2 pp. JM wrote letters on the same date to King, introducing Erving (ibid.), and to Williams, instructing him to turn over to Erving all agency documents and papers (ibid.).


Title: To James Madison from Sylvanus Bourne, 27 July 1801 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

27 July 1801, Amsterdam. Captain Pastorius from Philadelphia recently gave him two letters from State Department for Murray, which he has forwarded to Paris. Received a letter the day before from Murray expressing hopes for exchange of ratifications soon; he expects to return to The Hague by 5 Aug. Affairs of Europe remain uncertain. Postscript adds that John Henry Purviance “has just arrived.”

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

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


Title: To James Madison from David Humphreys, 27 July 1801 (Abstract)
From: Humphreys, David
To: Madison, James

27 July 1801, Madrid. No. 282. Encloses copy of 2 July letter from Commodore Dale announcing his arrival at Gibraltar and his plan to sail for Algiers the next day, leaving behind a frigate “to watch the motions” of two Tripolitan vessels anchored at Gibraltar. Transmits O’Brien’s dispatch [O’Brien to JM, 24 June 1801]; report of Tripolitan seizures of American vessels has not been confirmed. Discusses lucrative opportunities for American commerce in Mediterranean. Reports return of British fleet to Gibraltar, with captured ship in tow. Has been informed that convention was signed between French and Papacy. Postscript of 28 July recommends that American squadron cooperate with Swedish frigate now in the area, since the Swedish-Tripolitan treaty has been rejected in Stockholm.

   RC and enclosure (DNA: RG 59, DD, Spain, vol. 5). RC 4 pp.; marked “(third copy)”; in a clerk’s hand, except for Humphreys’s signature and postscript; docketed by Wagner as received 24 Sept. Extract printed in National Intelligencer, 28 Sept. 1801. Enclosure 2 pp.


Title: To James Madison from Tobias Lear, 27 July 1801 (Abstract)
From: Lear, Tobias
To: Madison, James

27 July 1801, Cap Français. No. 4. Reports that Toussaint has just arrived from Gonaïves, where he apparently spoke with British agent who had recently returned from Jamaica. Notes that British agent has not yet communicated with him; Lear will await his initiative. Expects to hold discussions with Toussaint “this Evening.” Comments on high reputation of Stevens—“he Appears to have served the U. S. with fidelity, and certainly with great ability, so far as relates to establishing the trade of this Island.” Meanwhile American vessels arrive daily, many of them from Windward Islands. “The Productions of this Island even in its present Comparatively neglected state, are immense, and the consumption of our Articles great indeed.” Postscript mentions “a sample of the Preserves & Liqueures made here” sent via the schooner Betsey to President Jefferson.

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3). 3 pp.; docketed by Wagner as received 15 Aug.

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


Title: To James Madison from John Lee, 27 July 1801 (Abstract)
From: Lee, John
To: Madison, James

27 July 1801, Philadelphia. Repeats entreaty that he be hired by the federal government in any capacity. Claims that person now employed in his former post as State Department factotum “came to this Countery a Garman Solder … for the purpose, of Subduegeating our Independance.”

   RC (ViU: McGregor Library). 3 pp.; docketed by Wagner as received 30 July. Wagner wrote in the margin: “This is a mistake. He came to this country since the peace, in the suite of Mr. Van Berkel (say 1789). He was handsomely recommended by Colo. Lear, having lived in Genl. Washington’s family. J. Wagner.”


Title: From James Madison to Rufus King, 28 July 1801
From: Madison, James
To: King, Rufus

Sir,
Department of State Washington July 28th. 1801.
By the Treaty of peace, the mouth of the St. Croix is supposed to be in the Bay of Fundy. But as the Commissioners have in their decision settled the mouth of that River (called the Scoodiac) to be in Passamaquoddy Bay, at a place called Joe’s Point, it is left undetermined, to which nation the Islands in the last mentioned bay, and the passages thro’ them into the Bay of Fundy, belong. It appears to have been the intention of the two nations in adjusting their limits at the peace, to make navigable waters, where they were the boundary, common to both, by a divisional line, running thro’ the middle of their channels. Hence it is believed, that, if it be true that one of the passages, from the mouth of the river, intended as the St. Croix, into Fundy Bay, be seldom and imperfectly navigable, and the other constantly and compleatly so, it will be most conformable to the Treaty of Peace to establish it as the boundary. Supposing, on the other hand, that the treaty of peace should be literally executed, as far as practicable, and the line drawn from Joe’s point due Eastwardly, Great Britain would be excluded from both passages. At present it is believed, that the following description of the passage, to be settled as the boundary, would be satisfactory to both nations: “Beginning in the middle of the channel of the river St. Croix at its mouth, thence direct to the middle of the channel between Pleasant Point and Deer Island, thence thro’ the middle of the Channel between Deer Island on the east and North and Moose Island and Campo Bello Island on the west and South, and round the Eastern point of Campo Bello Island to the Bay of Fundy.” The other Western Channel has a bar across it, which is dry at low water.
These ideas are thrown out only for consideration. I shall probably have it in my power shortly to transmit you a commission to settle this point, with definitive instructions. Mean while you may break the business to the British Ministry, but without implicating any fixed mode of settlement.
Enclosed is a copy of a letter, written to me by a Mr. Hubbel, respecting his brother, who has been impressed into the British service, and who cannot obtain his discharge because he has received the bounty. Every enlistment of an impressed man ought to be considered as taking place thro’ duress. The Enlistment of our Citizens in belligerant service is also contrary to our laws, if not to the law of nations. Besides, while Great Britain maintains her right to take into her own, such of her subjects, as are under contract in foreign, service, we ask no more than reciprocity, in insisting on the liberation of our citizens who have engaged on board her vessels under any circumstances.
The enclosed papers respecting the proceedings had under the direction of the Secretary of the Treasury in consequence of the complaint made against the Collector of Plymouth by the Court of Admiralty in London, will evince the attention with which we search into collusive acts alleged against our officers, as the issue will satisfy the British Government that we have done justice on the occasion. You may communicate them, or such parts of them, as you think necessary, to the Ministry and to the Judge of the Court of Admiralty.
Other enclosed papers, communicated by the consul at the Cape of Good Hope, contain a complaint made against one of our private armed vessels for an outrage said to have been committed on a British Whaler. If you should hear of it from the British Government, you may say, in answer, that with the ratification of our Treaty with France, the Commissions of our private armed vessels become void, as in usage they are already inoperative; That the Executive could animadvert upon the case no farther than to revoke the commission; that to afford redress for the injury our courts are competent, but to obtain it there must be a legal prosecution set on foot, in which as it may partake of a criminal or civil quality, the party injured must be present to give his testimony or act as plaintiff.
If we could obtain a transfer of the records of West Florida, mentioned in the enclosed letter, to be deposited at whitehall, where they are probably useless, they would throw much light upon some of the titles in the Southern parts of the union, especially the Mississippi Territory. In pursuance of this idea, you may take a suitable opportunity of asking for them informally.
In illustration of the grievances under which our citizens have labored by groundless captures, I beg leave to refer you to a copy of a letter from Mr. Chandler Price of Philada. If it does not arrive too late for consideration before the fees to be allowed in prize causes are established, it may also have its use in presenting a view of the enormous amount of those heretofore received. With Sentiments of the highest respect I am Sir, Your Most Ob. hbl st
James Madison

   RC and enclosures (CSmH); letterbook copy (DNA: RG 59, IC, vol. 1); letterbook copy (DNA: RG 59, IM, vol. 5). RC in a clerk’s hand, except for JM’s complimentary close and signature; docketed by King as received 20 Sept., with his notation: “St. Croix / Florida Papers / Hubbel entered Seaman in B. Navy / Watson Collectors case / Hopper Br. Whalers compt ag. an armed amer. on the coast of S America / Price Letter—respecting adj. Fees in Jamaica.” A note following this list reads: “Voluminous Papers in Hoppers Case left as office files, one set only having been received.” For surviving enclosures, see nn. 3–6.

   See Andrew Ellicott to JM, 15 July 1801, n. 1.

   For a map marking the boundary line JM proposed, see Burt, United States, Great Britain, and British North America, p. 72.

   William G. Hubbel to JM, 18 June 1801.

   Gallatin to JM, 12 July 1801 (second letter), and enclosures.

   Elihu Hall Ray to Marshall, 8 Feb. 1801 (3 pp.). Ray suggested that the U.S. seek the West Florida records because they would shed light on land titles granted in the Mississippi Territory. Ray claimed to have examined the records and said they were sent to London by the lieutenant governor of Georgia, “who had them deposited in the Plantation Office[,] White Hall, London.”

   Price to JM, 15 July 1801.


Title: To James Madison from Eliza Orr, 28 July 1801 (Abstract)
From: Orr, Eliza
To: Madison, James

28 July 1801, Washington. Writes without knowledge of her husband [Benjamin Grayson Orr] to speak of his misfortune and the falsehoods other merchants circulate about him since he applied for a “petty office” that has “no salary annexed to it.”

   RC (ViU: McGregor Library). 2 pp.; addressed to JM in Orange County, Virginia.


Title: To James Madison from William Loughton Smith, 28 July 1801 (Abstract)
From: Smith, William Loughton
To: Madison, James

28 July 1801, Lisbon. No. 52. Acknowledges receipt, on 25 July, of JM’s letter of 1 June informing him that the American legation in Portugal will be closed as an economy measure. Has applied for an audience with Portuguese foreign ministry to take leave. Comments on the constitutional prohibition against his receiving gifts from the government. Notes that Portuguese minister to U.S. is about to depart for America. Encloses letter [not found] from prince regent communicating death of his son, copy of 20 July letter to Smith concerning the signing of a Portuguese-Spanish treaty of peace and amity and Smith’s reply, and Smith’s letter of 13 July informing the Portuguese government of American naval operations in Mediterranean and reply of 25 July. Transmits copies of letters from Barbary Coast. Relays news, received from Humphreys, that two Tripolitan warships had anchored at Gibraltar before U.S. ships arrived there.

   RC and enclosures (DNA: RG 59, DD, Portugal, vol. 5). RC 3 pp.; in a clerk’s hand, signed by Smith; docketed by Wagner as received 22 Sept. Enclosures 4 pp.


Title: To James Madison from Cyrus Griffin, 29 July 1801 (Abstract)
From: Griffin, Cyrus
To: Madison, James

29 July 1801, Williamsburg. Requests copy of laws passed at last session of Congress. Refers to a gift for JM, a medal, which was left at Washington with Dearborn. Adds that the letter enclosing it [5 Apr.] “was [in] the handwriting of my son Stuart, a Rheumatisim in the arm … preventing me from using the pen.”

   RC (DLC). 2 pp.; docketed by JM.


Title: To James Madison from Edmund Pendleton, 30 July 1801
From: Pendleton, Edmund
To: Madison, James

Dear Sir
Virga. July 30th. 1801.
Permit me, tho’ at this late hour, to express my happy feelings at the issue of the Election of Chief & second Majestrates, and the consequent changes in the principal Executive Offices, which promise Us a wise, Constitutional, & Eocomical [sic] Administration of the Federal Government for at least four years; & I hope much longer, which will be the case, if the Republican Citizens do not abate of their Vigilance in their Elective power.
I know it has been a trite charge On Us by our Enemies, that Our Opposition to Adm[inistrati]on proceeded from a hankering after the loaves & fishes—which if in some instances true, was far from being so reprehensible as those who were fattening with them, would represent; since when a great body of Citizens found themselves, on Account of their Zeal for the Constitution & good Government, wholly excluded from a share in those Offices, to the expence of which they contributed equally with others, & to which they had equal claims, they had just cause to complain, & attempt a remedy: Nor do I think it a reflection on the Character of any Citizen, to offer himself a Candidate for a Vacant Office. These Observations are a preface to my introducing to you Our friend Mr. Hubbard Taylor of Kentucky, who writes me that the Office of Marshal of that state is Vacant, that he wishes to be appointed to it, and supposing I have some Interest with the President, requests I will use it [in] his behalf. If I possess the supposed Honor, I would by no means abuse it, but can truly say of Mr. Taylor, that I think him a man of great Attention & dilligence in any business he undertakes, and of the most unshaken integrity: And what may be important, he is an influential Character in the State, and would be probably generally approved of. This you will be pleased to state to the President, & present him my best respects.
Whilst writing, permit me to mention the Revd. Mr. Abner Waugh, a Minister of the Episcopal Church, who growing in years, is anxious to settle in some Town, to avoid the fatigue of travelling on Countrey duty. He means to trie the City of Washington in the course of this year, where I wish him to succede [sic]. He is an agreable preacher of the most tolerant Spirit—An able tutor of youth, and as a man, may be truly ranked amongst the most unexceptionable. I believe he means to be a Candidate for the Chaplaincy of the House of Representatives, in which, or in any other way, if you can assist him, you will find the favor, bestowed on a most worthy object, and will be esteemed a particular kindness to me, who am with Sentiments of the highest esteem & respect, Dear Sir, Yr. Affe. and Obt. Servt.
Edmd. Pendleton

   RC (ViU: Shackelford Family Papers); Tr (NjP). According to David John Mays, ed., The Letters and Papers of Edmund Pendleton, 1734–1803 (2 vols.; Charlottesville, Va., 1967), 2:693–94, the addressee was JM, but the cover is missing.

   Abner Waugh (d. 1806) had been rector of St. Mary’s Parish, Caroline County, Virginia, where Pendleton had served as clerk of the vestry (ibid., 2:695 n. 3).


Title: To James Madison from Bird, Savage, and Bird, 30 July 1801 (Abstract)
From: Bird, Savage, and Bird
To: Madison, James

30 July 1801, London. At Rufus King’s order encloses copies of accounts with U.S. as of 30 June. These include balanced accounts for diplomatic fund, fund for relief of American seamen, and bills received from King. A debit of £3,000 remains in the “money advanced by us on loan,” while the spoliation fund shows a credit of £356 6s. 5d. A further advance of £1,000 was made on 17 July. Until recent instructions were received from John Quincy Adams concerning his account, advances amounted to over £8,000. Would like U.S. to provide sufficient funds so that advances would not be required. Postscript adds that firm paid £638 on King’s order “this day” against the spoliation account.

   RC and enclosures (DNA: RG 59, Letters Received from Bankers). RC 2 pp. Enclosures (3 pp., docketed by Wagner) are ledger sheets of 30 June 1801 for the several U.S. accounts.


Title: To James Madison from Rufus King, 30 July 1801 (Abstract)
From: King, Rufus
To: Madison, James

30 July 1801, London. No. 28. Believes French invasion of Great Britain unlikely despite military preparations on both sides. Has heard nothing from Egypt. Reports that Sweden has agreed to British-Russian convention; expects Denmark soon to follow suit. Relays report that Tripoli declared war on U.S. 14 May.

   RC (DNA: RG 59, DD, Great Britain, vol. 9). 2 pp.; in a clerk’s hand, signed by King; docketed by Wagner as received 23 Sept. Printed in King, Life and Correspondence of Rufus King, 3:493.


Title: To James Madison from George Helmbold, Jr., 30 July 1801
From: Helmbold, George, Jr.
To: Madison, James

Letter not found. 30 July 1801. Mentioned in Wagner to JM, 3 Aug. 1801 [DLC], and calendared in the lists probably made by Peter Force (DLC, series 7) as a three-page letter. Urges printing federal laws in German in a Pennsylvania newspaper.


Title: To James Madison from Peder Blicherolsen, 31 July 1801 (Abstract)
From: Blicherolsen, Peder
To: Madison, James

31 July 1801, Washington. Expresses regret that he arrived in Washington the same day the president left; he had been assured that Jefferson would not leave before the beginning of August. The secretary of the treasury has arranged to enclose these lines in his packet. Asks JM to express to the president his disappointment in having missed by only a few hours an opportunity to present letters from his king and pay his own respects. Requests that JM inform him when the president will return, because his duties are too significant to allow any delay.

   RC (DNA: RG 59, NFL, Denmark, vol. 1); Tr (RA: Foreign Office, U.S., 1801). RC 2 pp.; in French. Extract in English printed in Foreign Service Journal, 28 (Sept. 1951): 36. Blicherolsen was the Danish minister to the U.S.


Title: To James Madison from William Vans Murray, 31 July 1801 (Abstract)
From: Murray, William Vans
To: Madison, James

31 July 1801, Paris. No. 12. Announces exchange of ratifications with French negotiators; encloses copy of joint certificate of exchange.

   RC and enclosure (DNA: RG 59, DD, Netherlands, vol. 4). RC 1 p. Enclosure 1 p., in French.


Title: Circular Letter to American Consuls and Commercial Agents, 1 August 1801
From: Madison, James
To:

Sir,
Department of State, Washington, August 1st, 1801.
It is a considerable time since our Consuls originated the practice of providing with certificates foreign vessels purchased abroad by citizens of the United States; and it is even understood that some such vessels have been supplied with Consular Registers and Sea-letters. To secure the bona fide property of our citizens is an important duty of the Government, but to repress or regulate a course of proceedings, the tendency of which is to blend it in appearance with foreign property, by rendering the evidence of its legitimacy suspicious or uncertain, ought equally to demand its attention.
Accordingly, you will, in no case whatever, issue to any such vessel, either a Register or Sea-letter, or any document of a similar nature, except the one hereinafter prescribed.
If, as is mostly the case, the vessel for which you are requested to issue papers, be a prize vessel, you will require the exhibition of the condemnation and bill of sale, as well as proof that the purchaser is a citizen of the United States. If the ship, whether a prize vessel or not, is alleged to be purchased on account of an absent citizen, you will require the authorization of the agent making the purchase to be produced. In addition to these documents the purchaser should in every case make an affidavit, “that he is the bona fide proprietor of the vessel; that no other person has any part or interest in her, and that he does not hold her, or any part of her, in trust for any other person:” And if purchased for an absent citizen, the agent should make the same affidavit mutatis mutandis, adding to it the qualification, “to the best of his belief.” These requisites being completed, it may be concluded that the vessel is really American, unless their authenticity is diminished by other peculiar circumstances, which may come to your knowledge. They are conditions which in a genuine transaction are easily performed, and they are absolutely necessary to form the basis of your official act in granting the certificate hereafter mentioned. It is moreover unsafe for a vessel to put to sea without them in time of war.
If in any case the adroitness of individuals should impose upon you, notwithstanding the above precautions, there is one security left, which will probably defeat the fraud. The certificate must be limited to the vessel’s return to the United States, and her destination to some port therein must be specified in it. No certificate is to be granted to a vessel having once been in the United States, since the purchase, unless it be sufficiently made to appear that her Sea-letter, there obtained, has been lost by accident.
The form of the certificate may be as follows:

A. B. Consul of the United States of America:
To all to whom these Presents shall come, Greeting:
It appearing from the documents hereto annexed, (annexing the condemnation, if the case be such, bill of sale, authorization of the owner, if the case be such, copy of the proof of citizenship and the owners or agents affidavit and repeating their titles) that C. D. a citizen of the said States is the sole proprietor of the ship (naming and describing her) now lying in the port of  whereof E. F. another citizen of the said States is master, being bound to the port of  within the said States, I have granted permission, that the said ship may depart and proceed on her voyage to the port aforesaid. This permission to continue in force only during the said voyage.
Given under my Hand, and Consular Seal at, etc.
In many of the ports of Europe our vessels have been subjected to a ruinous and oppressive quarantine. It has generally been imposed without much attention to the state of health in the port of the vessel’s departure in the United States. Thus whilst the port of Charleston, (S. C.) may be unhealthy, a vessel arriving from Boston, where good health may prevail, is subjected to an indiscriminating quarantine. In the winter months, also, it is considered impossible, that a vessel can carry from this country any dangerously infectious disorder; the epidemics which have, within these eight years past, been so fatal in some of our sea-ports, breaking out about midsummer, and totally disappearing with the setting in of the frost in November.
We are encouraged to expect, that by sending with our vessels authentic certificates of health, granted by the most respectable municipal officers of our ports, under a vigilant precaution, and with a scrupulous regard to truth, we shall experience a relaxation of this burthensome imposition. Accordingly, the Secretary of the Treasury has given directions to the Collectors of the Customs to carry this plan into effect. Certificates of health will therefore be occasionally sent to the Consuls in Europe, who, after communicating them to the officer or board in the place of their residence, charged with the superintendance of health, will transmit copies, or, if needful, the original, to the American Minister, if any such is established in the country.
Enclosed are copies of the circular letter addressed to the Collectors of the Customs on this occasion by the Secretary of the Treasury, and of the form of a certificate of health. It is proper for me here to mention to you, that there are but thirteen ports, viz. Portsmouth, (N. H.) Newbury-port, Salem, Boston, New-Port, Providence, New-York, Philadelphia, Baltimore, Norfolk, Wilmington, (N. C.) Charleston, (S. C.) and Savannah, in which Naval officers are established by law, and that in all other ports the bill of health can only be certified by the Collector; a circumstance with which perhaps foreign agents, to whom the circular may be communicated, should be acquainted, in order to prevent any injury abroad to vessels sailing from these ports, on account of the unavoidable omission of a Naval officer’s signature.
Whilst we are led to expect a benefit from this arrangement, we think it will not be confined to ourselves. When real danger exists, other nations will be timely and candidly alarmed, and when there is none, they as well as we will be absolved from the disadvantages of a suspended intercourse.
As it becomes us as well as others to guard against contagion, I have to request you, and more especially those who reside in the West-Indies, and on the Mediterranean, to report to this department, as often as it may be necessary, the most speedy information of the prevalence of epidemics in the ports of your districts. As soon as they have subsided, you will give intimation of it.
In the consular instructions, you are requested to make semi-annual returns of the American trade at your ports. This is of great importance, as it keeps us exactly informed of the channels in which our commerce flows; and you will pay the most pointed attention to the regular transmission of them. To make you acquainted with the nature of the cargo, and the ports of departure or destination, has been considered as hazarding the benefit expected from the sale of the cargo, and therefore refused in some instances by the masters and supercargoes of our vessels. As no law requires them to give the information, you are not to demand it as a right, and you will supply the defect happening from a refusal, by some other means, when it is practicable.
After the receipt of this letter, you will consider yourselves no longer authorized to expend monies on account of the public, without the special direction of a Minister of the United States; except it be for the relief of seamen, in doing which you are to use economy and discernment, in distinguishing our own from foreign seamen, the profligate and idle, from the meritorious in distress, and in every case where you can, instead of paying their passages, you will find them births, where they may work for them.
We have reason to believe, that it too often happens that seamen engaged in the United States are discharged by masters of vessels in foreign countries, where they can procure new crews at lower wages. By these means, besides the inducement the seamen have to engage in foreign service, or even in privateering, they frequently fall a burden on the Consuls. This evil cannot be completely cured without a legislative remedy, but you will take pains to rectify it, whenever the usages of the place may admit of it, and give this department advice of its extent, so that, should the matter be laid before Congress, it may be properly explained, and its existence verified.
The Consuls in Great-Britain are as usual to settle their accounts for the relief of seamen, with David Lenox, Esq. the agent for seamen. All others established in Europe, north of the Pyrenees except those who reside in Italy, are to settle them with our Minister at Paris, and those south of the Pyrenees in Europe or in Italy, are to settle them with our Minister at Madrid. This mode of settling accounts is not to embrace charges already incurred, which are to be transmitted as heretofore to the Department of State.
We have to lament, that our Sea-letters have been forged and assumed by foreign vessels, in various instances. Whilst no law exists to oblige the masters of American vessels to present their papers to the Consuls, it is difficult to suggest the means of detecting and counteracting the abuse, in any great degree.
   The affixing of the Stamp is omitted for the present, and therefore no sea letter is enclosed.
 Enclosed you will receive a copy of the Sea-letter as now issued. The types will in future remain the same; the paper will be sometimes varied. Besides the means of comparison afforded by the signatures, seal and typography, we have caused a stamp to be impressed upon them.
Should the authorities of your port be willing to co-operate in detecting the counterfeits, you may perhaps be enabled to obtain a view of all the Sea-letters brought to it; and by marking those which plainly appear not to be genuine, you may either by your own authority, or that of the place, according to the limits of power permitted to the Consuls therein, procure their suppression.
It is evident, that the admission of the existence of forged papers should be delicately made, so as not to excite a magnified opinion of their extent. I have the honor to be, Sir, With much respect, Your most obedient Servant,
James Madison

   RC (owned by Jasper E. Crane, Wilmington, Del., 1966). A printed circular letter, signed by JM, with footnote in the hand of State Department clerk Stephen Pleasonton. Extracts printed in the National Intelligencer, 9 Sept. 1801. Enclosures not found, but see n. 1.

   Gallatin’s circular letter to collectors of customs was printed in the National Intelligencer, 3 Aug. 1801 (see Gallatin to JM, 22 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—)., 1:453–54 and n. 1).


Title: To James Madison from William C. C. Claiborne, 2 August 1801 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

2 August 1801, Nashville. Acknowledges receipt of JM’s letter of 10 July enclosing his commission as governor of Mississippi Territory. Requests JM to inform president that he accepts appointment. Expects to depart for Mississippi by late September or early October.

   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)., 1:6.

   JM’s letter and enclosure are printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:1–5. The appointment was announced in the National Intelligencer on 9 Sept. 1801.


Title: To James Madison from John Francis Gaullier, 2 August 1801 (Abstract)
From: Gaullier, John Francis
To: Madison, James

2 August 1801, Fredericksburg. Mentions that he taught dancing to Miss Nelly Madison and to Francis Madison’s children and once met JM at Orange Court House. Says the president promised in April to inquire about a post for him in the Navy or War Department, but he suspects his subsequent letters to Jefferson have miscarried. Relates his desperate circumstances, requests JM to inquire if letters were received, and seeks his support.

   RC (DLC). 4 pp.

   Jefferson docketed Gaullier’s 14 May and 29 June 1801 letters as received on 19 May and 1 July 1801, respectively. On 23 Aug. Gaullier wrote Jefferson requesting one hundred dollars to pay creditors (Gaullier to Jefferson, 14 May, 29 June, and 23 Aug. 1801 [DNA: RG 59, LAR, 1801–9]).


Title: To James Madison from William Kirkpatrick, 2 August 1801 (Abstract)
From: Kirkpatrick, William
To: Madison, James

2 August 1801, Málaga. Acknowledges receipt of JM’s 21 May letter and considers president’s plan of sending squadron to be judicious. Announces arrival of squadron at Gibraltar on 1 July; believes its appearance will bring peace with Tripoli and discourage other regencies from hostilities. Suggests need for continuing force in the area. Reports Tripolitan conflicts with Denmark and Sweden. States that Spanish quarantine against American vessels continues, despite complaints from U.S. minister at Madrid, and believes this will materially reduce direct trade.

   RC (DNA: RG 59, CD, Málaga, vol. 1). 3 pp.; marked duplicate; in a clerk’s hand, signed by Kirkpatrick; docketed by Wagner as received 16 Oct. Printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:540–41.

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


Title: To James Madison from Samuel Cabot, 3 August 1801
From: Cabot, Samuel
To: Madison, James

Sir
Milton 3d Augt. 1801.
I have the honor to acknowledge the recet. of your letter dated July 21st, & presuming that it is to be understood by me as an official dismission from the agency to which I was appointed under the late British Treaty, my return to England becomes unnecessary. The compensation for my services as Commercial agent has been regularly paid me up to the 10th of May last from a Spoliation fund establishd in London which was placed under the controul of Mr King our Minister resident there. This mode woud again have been resorted to, but in compliance with your directions I now inclose an accot. of what remains due me from the United States. The Salary is computed from the last payment in London to the 1st instant, being the day on which my dismission was first known to me. In determin[in]g the just amount due under this head however, it is submited that it may be proper to consider the expense which I may be liable to, for several weeks at least, untill the agent with whom I left my business in London can be informed of my removal. The charge of 625 dollars in lieu of the detailed expenses incident to a passage from Europe it is believed will be deemed reasonable & such as the usage of the Government authorises. In the Case of Sam Bayard Esqr who requested & obtained leave to resign his agency under the Treaty I have ground to believe a quarters Salary extra was allowed & paid him prior to his leaving England. In respect to my arrival in the U States on leave of absence from London as well as my continuance here under present circumstances I concluded my letters of the 23d April & 20th June addressd to your Department sufficiently explained my situation & the motives which induced me to make this visit. Should the inclosed Acct. be approved I shall readily follow your future instructions for its adjustment by resorting to Mr King in London as heretofore, or by applying to the Treasury of the United States. Altho’ the original intention of my appointment as stated in my Instructions had a reference only to the public business cognizable by the Treaty, yet much of my time was devoted to our Causes while pending in the British prize Courts; & my expenditures were much augmented. For fuel, lights, office rent, stationary, Clerkship &c, I actually paid nearly one thousand dollars from my own pocket, & no part of it has been charged the Government. I have the honor to be, Respectfully, Yr mo: obedt: servant
Sam Cabot

   RC and enclosure (DNA: RG 76, British Spoliations, 1794–1824, Unsorted Papers). Docketed by Wagner as received 10 Aug.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:447–48.

   Cabot’s summary statement (1 p.) of his account totaled $1,193.50, including $568.50 for his services from 10 May to 1 Aug. 1801 and $625 for one quarter’s salary in lieu of travel expenses back to the U.S.

   Boston merchant Samuel Cabot (1759–1819) had been appointed to the position of claims agent and assessor to the commission on spoliations under article 7 of the Jay treaty in 1796 and had received permission to return home on a leave of absence in 1800 after the suspension of the commission. He was reappointed to the position of assessor by Jefferson in April 1802 and served until August 1803 (L. Vernon Briggs, History and Genealogy of the Cabot Family, 1475–1927 [2 vols.; Boston, 1927], 1:197–98, 206, 229–30, 237, 240; JM to Cabot, 24 Apr. 1802 [DNA: RG 59, IC, vol. 1]).


Title: To James Madison from William Vans Murray, 3 August 1801
From: Murray, William Vans
To: Madison, James

No. 13.
Sir
Paris 3d. August 1801
The Ratifications of the Convention between the United States and the French Republic of 30th. September last, having been exchanged on the Night of the 31st. ulto., between the french Ministers, Messrs. Joseph Bonaparte, Fleurieu and Roederer and Myself, I herewith have the Honour to inclose, under my Seal, and in a paste Board Box the Copy ratify’d on the Part of the French Government. This I deliver, agreeably to Instructions, to the Honble. Mr. John Dawson. Mr. Appleton of Boston is to carry it to you.
Perfectly in the Dark as I am on the Views of the Senate in suppressing the Second Article, I can not know the Extent of the Responsibility which I have assumed, in accepting the French Ratification.
Had we re-established the Second Article—or had their Ratification been expressly conditional—or had mutual Releases of Claims been passed in the Procés Verbal, the Exchange could not have closed the Business, as the Senate must still have acted. The Acceptance on my Part of their declaratory Ratification leaves the Business to be acted on, or not. If it be necessary to act on it, it must be, because the Senate intended to reserve Rights, and let France reserve Claims. If the Senate meant, as I hope, to consider Indemnities as worth Nothing, then the Business, I presume, is closed.
At first, Sir, they certainly did feel an Objection, which they thought very important to the Suppression of the Second Article. That, if admitted, it destroyed their Claims, but not ours. Their Pride was also some Obstacle. This gave new Difficulties to any Form of Proceeding to attain what they afterwards wished to accomplish—for they became convinced of the Propriety of having the Second Article out of the Act. They then naturally endeavoured to make the Most of the Suppression, and remained firm in their Intention of not ratifying but in some Form that should save their Pride and declare their Intention and Meaning, as you find them expressed.
In accepting their Ratification, I have pursued what I believed would have been your Instructions, had the Question been foreseen. I have searched for the Ground of such a supposed Will of Government, by the only Clue in my Power—the Interests of the United States, in relation to France at present; their present Relations with her by the full Execution of the Convention on our Part, “independently of Events”; the Motives here for the Execution on the Part of France under the 4th. and 5th. Articles; the Difficulties of the late Negotiation last Year on the Point of Claims: the Value of a formal Renunciation of the old Treaties, and in the absolute want of Value in the Prospect of Indemnities; and I concluded it for the best to exchange, rather than break off.
The Limitation is sufficiently adopted by them, though they would not make a new Article of it.
Their Act is in french only—I objected—But, Sir, the Object was not worth a Delay of Twenty Days, which the Recopying would have taken—and it is a Ratification of the Convention, which is in both Languages.
As soon as I take Leave and can get ready for my Journey, I shall set off for the Hague; and, agreeably to my Letter of Recall, which I received the 27th. ulto., shall embark for America. I have the Honour to be with high Respect Sir Your most obedient humble Servant
W. V. Murray.
P. S.—10. Augt.—I delivered the ratification sealed up, to Mr. Dawson, agreeably to my instructions—on the 3d. inst.
W. V. Murray.

   RC (DNA: RG 59, DD, Netherlands, vol. 4). Marked “Triplicate”; in a clerk’s hand, except for Murray’s signature and postscript; docketed by Wagner as received 21 Oct.

   John Appleton sailed from Dieppe on 29 Aug., arriving at Boston on 23 Oct. (see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:351 and n. 4; James C. Mountflorence to JM, 4 Sept. 1801; Philadelphia Aurora General Advertiser, 2 Nov. 1801).

   The second article of the convention had called for suspension of the Franco-American treaties of 1778, the consular convention of 1788, and the indemnity settlement until future negotiations. On the Senate’s suppression of article 2, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:206 n. 3, and JM to Jefferson, 10 Jan. 1801, 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)., 17:454.