Title: To James Madison from William Taylor, Sr., 20 May 1802
From: Taylor, William
To: Madison, James

Dear Sir,Jefferson County 20th. May 1802
I take the Liberty to ask your friendship impressed with an Idea that our acquaintance May excuse it. I have taken my Nephew J. Taylor into Partnership in conducting the Milling and Distilling business, and hearing of Mr. Michael Kraffts New improvements, on Stills, of Trenton (N J) we had wrote him for his Pat. right, which he hesitated to forward owing ⟨to⟩ the remote distance and the want of knowle⟨dge of⟩ our credibility as You are Generally known, we have mentioned to Mr Krafft that we expected you would be good enough to mention us to him, and if you would forwarward [sic] your oppinion to him in Trenton the favor will Confer a singular obligation on your friend.
I should not Sir have asked this favour but we are so anxious to get our Distilery imediately in motion, and we will not have it in our power to froward [sic] his fees untill the Fall remittances of our Merchants, and I knew of no acquaintan⟨ce⟩ in that Quarter to whom I could apply. Suffer me to Remain with my usial sentiments of respects and regard Your Obt H St.
William Taylor Senr.

   RC (DLC). RC torn. Cover dated, “Louisville, Ky May 24th.” Docketed by JM.

   Michael Krafft (or Crafft) of Bristol, Pennsylvania, was granted a patent for the “construction of stills” on 28 Oct. 1801 (House Documents, 21st Cong., 2d sess., 2:378). He popularized his design in his book The American Distiller (Philadelphia, 1804; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols. to date; New York, 1958—). 6606), and by 1804 he claimed that there were 217 distilleries “at work on his plan” (Harrison Hall, The Distiller [2d ed.; Philadelphia, 1818], p. 4).

   William Taylor, Sr. (1759–ca. 1835), son of George Taylor of Orange County, Virginia, and JM’s second cousin, served in the Virginia Continental line during the Revolutionary War (Hayden, Virginia Genealogies, p. 673; Vi: Francis Taylor Diary, 7 July and 22 Aug. 1794).


Title: To James Madison from David Lenox, 20 May 1802 (Abstract)
From: Lenox, David
To: Madison, James

20 May 1802, London. Reports that on 1 May he delivered to Erving “a List of 597 Seamen where answers have been returned to me, stating, that having no documents to prove their Citizenship, the Lord’s Commissioners of the Admiralty could not consent to their discharge.” Has little doubt, however, that most of those men have already been discharged. Encloses an abstract showing that only seven cases remain unanswered. In order to bring his official business to a close, he applied to Bird, Savage, and Bird for £800; “they informed me that no money had been remitted th⟨em⟩ this Year to the fund for the relief & protection of our Seamen; that about £250 was all they had … belonging to that fund, & which was all they could pay, alleging at the same time that this was conformable to instructions which they had received from the Secretary of the Treasury.” Rufus King intervened to no avail. Has accordingly settled the accounts with U.S. consuls from his own funds. The whole expense of his agency, exclusive of his salary, will not exceed £2,500. Expects to take passage for the U.S. on the Maryland, leaving about 1 June.

   RC and enclosure (DNA: RG 59, CD, London, vol. 8). RC 4 pp. Enclosure (1 p.) is an abstract of applications made by Lenox for the discharge of seamen, 1 Oct. 1801–1 May 1802, showing 208 cases pending, of which 7 were unanswered. Filed with the RC is a list of “Cases of Seamen where proofs have been received from the Department of State,” dated 20 May 1802 (1 p.). JM transmitted an extract from the RC and the enclosed abstract to the House of Representatives on 22 Dec. 1802 (printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:471–72, 473).

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


Title: To James Madison from Richard O’Brien, 20 May 1802 (Abstract)
From: O’Brien, Richard
To: Madison, James

20 May 1802, Algiers. Notes the arrival on 15 May of an Algerine frigate with a Portuguese frigate captured on 8 May near Gibraltar. The Algerine frigate, flying American colors, had “ranged right along Side and Covered the Portugees’s decks with about 250 turks and moors and in the run of ½ an hour became masters of The Portugee whom had made no preparation.” The victory will “increase The pride and avarice” of Algiers. “At present there is 400 Portugee Captives at Algiers and to ransom them it will Cost portugal at the rate of 3000 dollars Each and if They Seek peace without first retriveing Their lost honour it will Cost them 2 millions of dollars. … This dishonourable event has happened for the want of that regular order and decorum requisite in all Govt. Vessels. This Circumstance will put The Corsairs of The other Christian powers on their gaurd [sic]—if at War with the Barbary States.” The U.S. frigate Constellation arrived off Algiers 17 May; “I am sorrow to add I had no one letter from the departmt. of State by this Conveyance.” Suggests reinforcing U.S. squadron in the Mediterranean with a “squadron of reserve” to prevent captures of U.S. vessels by Algerine corsairs that might “do us 2 Millions worth of damage before our frigates in This Sea Could Collect and be at Gibralter.”

   RC (DNA: RG 59, CD, Algiers, vol. 6). 1 p. Another copy of this dispatch was enclosed in Gavino to JM, 30 July 1802.

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


Title: To James Madison from James Leander Cathcart, 21 May 1802 (Abstract)
From: Cathcart, James Leander
To: Madison, James

21 May 1802, Leghorn. No. 6. Acknowledges JM’s letter enclosing the 6 Feb. act for the protection of the commerce and seamen of the U.S. Encloses a copy of his dispatch no. 8 “& cannot imagine how it miscarried.” Has received no word from Barbary or about U.S. warships since his last dispatch. “I have kept myself in readiness to embark at a moments warning ever since the arrival of Comodore Dale in this sea, consequently will not detain Comodore Truxton four hours should he call or send for me before he proceeds before Tripoli which I most devoutly hope he may think necessary.”

   RC (DNA: RG 59, CD, Tripoli, vol. 2). 1 p.

   See JM to Cathcart, 6 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:448 and n. 3).

   Cathcart’s dispatch no. 8, dated 2 July 1801, had not reached JM by 6 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:448 and n. 1). For the duplicate, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:370–72.

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


Title: To James Madison from John Francis Mercer, 22 May 1802
From: Mercer, John Francis
To: Madison, James

My dear SirAnnapolis May 22d. 1802.
A Report has prevail’d here for some days past, which has created very uneasy sensations—it states a decree of the Chancellor of England in favr. of the Crown agt. the State of Maryland, for the Bank Stock claim’d by this State. From the terms of the communication made by our Minister Mr King, I am not without hopes, that if this shoud prove true it may have been in conformity with certain principles of arrangement before understood & that finally it may not prove injurious to the State. But it is true that the subject itself is so important that all duties respecting it necessarily create anxiety—& ill success on the part of the State in this decree woud require farther & immediate Steps.
I therefore hope some communication (perhaps an unofficial one woud be best) respectig the foundation of these reports, as far as you may deem such warranted, & that you will not leave me without official advice whenever you may become possess’d of any decisive information on this subject. You will present my respectful Compls & those of Mrs. Mercer, to yr. lady, & believe me with the sincerest friendship & respect Yr Obt. Set.
John Fr: Mercer

   RC (owned by Michael A. Jernakoff, San Francisco, Calif., 1982).

   See Rufus King to JM, 9 Jan. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:381).


Title: To James Madison from John Lamson, 22 May 1802 (Abstract)
From: Lamson, John
To: Madison, James

22 May 1802, Trieste. Has nothing of importance to report since his dispatch of 18 Mar. Encloses a list of all the American vessels that have ever visited the port. Observes that Trieste is “surrounded by an extensive and encreasing manufactoring country where the produce of the west Indies and many articles the growth of the United States are allways in great demand.… The principle articles of export are Hemp Iron & steell and articles manufactured from them, Coarse cloths, Linnens & Glass ware, and generally all articles from the Levant and Neighboring Islands.”

   RC (DNA: RG 59, CD, Trieste, vol. 1). 2 pp. Enclosure not found.

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


Title: To James Madison from Unite Dodge, 23 May 1802
From: Dodge, Unite
To: Madison, James

SirCap Francais May 23. 1802.
I have had this honour under dates of april 20, 30th. & May 6 which being by Duplicates are doubtless at hand.
In obedience to the Consular Instructions, I must now acquaint you Sir, that the Yellow Fever or what is here termed La Fievre Putride et Maligne has lately made great ravages in the Town & harbour of the cape particularly amongst the Troops.
It is remarkable, however, that there has been very few or no instances of its attacking the old inhabitants or communicating to them, and I believe the disorder originates, not so much from the impurity of the air as from the imprudent & negligent manner which strangers are accustomed to treat themselves before & it after the first symtoms appear.
It nevertheless prevails onshore & onboard the american shipping, which I presume, is sufficient to justify this communication. I employed a person to assertain the number of deaths but he was obliged, thro’ fear, to desist from making the necessary enquires.
I cannot refrain mentioning, altho’ it may be improper & unnecessary, something that was told me the day before yesterday by a Mr. fulton An american by birth & now or lately in the service of France. That he dined the day before onboard the Admls. Ship with the admiral & in compy with a Mr. Morin secrety to the Prefet who had just returned from the US on some important mission. That whilst in america he had been so prejudiced against the Gouvmt. & people as to talk in the most disrespectfull manner of both—wished for a War with the US. & intimated that they only waited to get possession of Louisanna to be revenged for all the injustice & ingratitude they are experiencg from us.
I am sorry it is in my power to add that every thing I hear or see that comes from the Gouvmt. or others whose observations merit any notice, tend, to confirm the belief, that this unfriendly disposition, instead of subsiding, as we have just reason to expect, appears to increase daily; and the best reason, that I can give for it, is because the americans will not consent to credit their property to any amt. & on any terms that may be proposed to them. I have the honour to be, With sentiments of high Respect Sir, Your Obedt. Servant
U Dodge

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3). Misfiled at 23 May 1801. Docketed by Brent.

   Dodge’s 20 Apr. 1802 dispatch bears a postscript of 30 Apr.

   Samuel Fulton (b. ca. 1770) was an American-born military adventurer who entered French service in 1793 and was actively involved in intrigues aimed at Spanish territory in Florida and Louisiana. He met JM in Philadelphia in 1795 and the next year carried JM’s private correspondence to Monroe in Paris, afterward serving in the French army in Europe and Saint-Domingue. Beginning in 1801, Fulton repeatedly and unsuccessfully applied to the administration for employment, preferably a position on the southwestern borderland. He settled at Baton Rouge by 1804 and was active in efforts to annex Spanish Florida to the U.S. (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 16:304 n. 6; PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (2 vols. to date; Charlottesville, Va., 1984—)., 2:320–21 and n. 3; Fulton to Jefferson, 9 Floréal an IX [29 Apr. 1801] [DNA: RG 59, LAR, 1801–9]; Fulton to JM, 10 Aug. 1802).


Title: To James Madison from Thomas Jefferson, 24 May 1802
From: Jefferson, Thomas
To: Madison, James

Dear SirMonticello May 24. 1802.
Our postrider having mistaken his day, brought us no mail on Thursday last. Yesterday I recieved a double one. In it were the inclosed letters. Those from Dupont & Granger are forwarded for your perusal, and I will recieve them again when I see you at your own house. The one from Dallas to yourself on Jackson’s case I recieved from mr. Brent: the recommendation of the Attorney of the district, & of the jury, & the circumstances of the case seem to be a good foundation of pardon, which I would wish to have issued therefore unless you disapprove it. They do not mention when the execution is to be; but probably it would be well to lose no time lest the pardon should get too late. If your clerks have it in readiness I will sign it on my arrival in Washington which will be in six days from this time. I will be with you on Thursday or Friday at farthest, unless rain prevents, and take your commissions for Washington. I have forbidden any mail to be forwarded to me later than the one recieved yesterday. Present my best respects to the ladies, and accept my affectionate salutations yourself.
Th: Jefferson

   RC (DLC); FC (DLC: Jefferson Papers). FC misfiled at 20 May 1802.

   Pierre Samuel DuPont de Nemours to Jefferson, 12 May 1802 (DLC: Jefferson Papers). DuPont was the bearer of letters from JM and Jefferson to Robert R. Livingston in Paris. In a letter of 25 Apr. 1802 covering those dispatches (ibid.), Jefferson had entreated DuPont to impress upon influential Frenchmen that France’s possession of Louisiana would lead to war (see JM to DuPont, 2 May 1802, n. 1). DuPont’s letter of 12 May proposed instead that the U.S. government offer to buy New Orleans and the Floridas and suggested that if Jefferson would offer generous terms it would be a simple matter to arrange. He also promised to try to smooth the points of irritation between the two countries over the French invasion of Saint-Domingue and the treatment of American merchants there.

   Gideon Granger’s letter of 14 May 1802 (DLC: Jefferson Papers) reported the latest news on the New York elections.

   See Alexander J. Dallas to JM, 15 May 1802, and n. 2.


Title: To James Madison from Charles Pinckney, 24 May 1802
From: Pinckney, Charles
To: Madison, James

(Private)
Dear SirMay 24: 1802
As my letter to the President was not finished copying & putting into Cypher when my last was closed I now have the pleasure to inclose it to you & to request that you will have it decyphered & given to him. It will give you some idea of my Opinions of the people on this side the Globe & at the same time I can assure you I have more charitable & indulgent Opinions than any other of our Americans I have met with. I still hope—but they one & all despair & have no hope. When you see Paine Barlow & others from Paris & recieve Mr Livingstons letters you will find the Whole despairing. If the intelligence We have here is true that France is to declare Bonaparte 1st: Consul for Life, which I am told has been moved in the Tribunate, that settles the matter & confirms all their Opinions. I have also heard that a new Squadron with troops under the command of General Bernadotte is to sail soon for Louisiana to take possession of it. The french are notwithstandg. still negotiating some thing on that subject & I am privately informed that I can expect no answer (until this is decided) on the subject of Florida. I however mentioned to you in one of my former letters that if ultimately this Government should be inclined to treat for the Sale of the Floridas or either of them that I was at a Loss What sum to fix as the Value for either or both as you had not mentioned, any precise sum or fixed one in any of your Letters & that of course I should have to refer to you—if they answered favourably soon, still I must refer it to you unless in some of your Letters which I hourly expect You should speak of the sum.
I have drawn the Convention on the subject of Spoliations & our other claims as Broad & as general as possible & it is now before the Minister for his consideration. I have left the Place Where they are to sit Blank, but Madrid will be insisted upon by them as I find my predecessor Colonel Humphreys had by the order of Mr Adams said to this Court, that if Madrid was more convenient to them than the United States, that he had instructions to consent to it, & as your instructions to me say nothing about the place, if I find We can get a board of Commissioners upon that condition & no other, I shall consent to it. They know & have mentioned that We have a similar Board now sitting in London.
This Court has been & is so extremely occupied in consequence of the Definitive Treaty that they have not a moment to spare. Their posessions are so extensive that the arrangements for their Armies & navy & colonial Establishments & the alterations consequent on the Peace employ them continually it is for this reason added to their general habitudes that they are extremely slow in their Movements & I am now every day recieving answers to memorials & representations sent in by my Predecessor six months before my arrival. I however hope by giving them their own Time to keep them in their present good humour with me & to obtain the appointment of Commissioners to decide our claims on fair & honourable Principles. As to the Floridas, as the Secretary of State has informed me it is of so much consequence & importance that his Majesty requires time to consider it, I shall wait to see, with patience, what will be the result & seize every opportunity & use every proper influence to obtain a favourable conclusion to it. You will observe in my Letter to the President all I say about it.
I find I shall have some Difficulties about the Consuls in the settlement of their accounts at present I have settled but one small one & I have directed Mr Graham to open a Book to register their claims & to keep their Vouchers for the purpose of being forwarded to your Department. I have returned one or two accounts & am now making all the Enquiries about what are proper charges, in my power. On this subject I should wish to know your Opinions as nearly describing where Expenditures are proper, or on what occasions admissible, as may be in your power to give me—for of all the discretionary authorities I dislike, or rather fear, that of having the authority to say when the public money shall or shall not be expended appears to me the most delicate. The Consulship at Madrid is really a hard one at present on the Consul Mr Young, who in consequence of the numerous reclamations all centering here has an immensity of public Business without Emolument—for as Madrid is not a seaport he has no commercial advantages or fees like the other consuls, & has more Business than all the rest put together for he is indefatigable, & to him the American Claimants owe a great deal for his industry, in seeing their Business properly attended to before the different Tribunals. I recieve great assistance from him & should the Board of Commissioners be appointed to sit here I strongly recommend him as one, as he knows every case intimately & correctly & as his Judgment & integrity are sound & undoubted, & it will at the same time be giving him some kind of remuneration for his services. I mentioned to you the excessive Charges of the Post Office in Madrid on Bundles or packets coming from the United States, which are all charged & marked as if Brought in Spanish packets from their own Islands. I have remonstrated against this Excess without Effect. The only way to avoid the charge is to write on all not to be put into the Post Office & to direct that all of them should be sent to the Consuls to whom I have written on the subject to prevent sending them by the post. Another impropriety is that of their friends sending all the Letters & packets on private Business for all the Americans in Madrid & many other parts of Spain Under seal to me. I frequently open large packets & have not one Line for myself or on public Business. I mention these things to you as the regulations of the Post office are so extremely rigid here that if you refuse to take a Packet out of the Office they refuse you all your other Letters so that you are obliged to do it & to take them as they please.
I am hopeful you will hear no more about Captain Mullownys complaints as I have said all that I could & which I supposed would be satisfactory to this court in exact compliance with your instruction. I am making also another Attempt to get a Consul allowed us at New Orleans & have used verbally & in writing all your arguments & such others as sugges⟨t⟩ themselves to me in favour of our claim; But if this country is so soon to be given up I suppose that will be a reason with them for declining to say any thing in favour of the request & leave us to ask it of the power which is to posess it & who will probably more readily grant it. Please Present my affectionate respects to the President—accept them Yourself & Believe me always dear sir Yours Truly
Charles Pinckney

I expect to return from the Sitio to Madrid about the 20 or 30th June.

I will thank you to note all the Letters you recieve from me as I apprehend some of my Letters must have miscarried—& some of yours to me as I have recieved very few. The Court will remain at Aranjuez until the End of June & in August goes to Barcelona. I do not trouble you with all the private anecdotes & conversations about matches & other things with which other Ministers fill their Letters who have nothing else to do, & which are totally uninteresting to us, because I know you neither wish or expect it. Whenever any alliance of consequence is to take place or any change in commercial regulations or relations occurs you shall hear of it immediately—& on the latter subject I have written you lately & am still preparing further details & communications.

[Enclosure]

[Charles Pinckney to Thomas Jefferson]
Dear SirMay 24: 1802 Sitio near Madrid
I will now continue the confidential communication which I received, and which I hinted at in the last Letter I wrote you; but had not time to go into as the opportunity closed upon me before I expected it. It was in substance that the court had been tricked by Mr. Urquijo into the cession of Louisiana without being aware of it—that it was a thing patched up between Berthier and Urquijo when he was here as envoy extra: to get Spain to declare war against Portugal and that a different paper had been given to the king to sign from that be had approved in the rough draught: that when the Prince of Peace was appointed to negociate with Lucien Bonaparte the treaty which was lately published at Paris the prince attempted to dispute the fairness and validity of the transfer; but that the French held them to it and added them that nothing could save their mines and South American possessions⟨, but having the French as a⟩ barrier, and that in consequence of the cession they would guarantee them—that notwithstanding the thing had been acquiesced in with great reluctance, and to use the term of my informant, surliness on the part of Spain that so many restorations were to be made her and so many difficulties thrown in the way that to please her and smooth them over France at last agreed that Etruria should be considered always as a sort of dependency or appendage of Spain and held by a branch of her family—that there can be no doubt Spain has very great uneasiness on the subject: that she knows not which to dread most France or America; but that she infinitely prefers the neighbourhood of America, that in that case in the worst of events she would have only one to contend with; but that the chance was if the French possessed Louisiana and became powerful there, they and the Americans might one day understand each other and then she would have both. He further said that Spain looked upon her possessions in South America and the  West Indies as hers but for a time and that if the United States went on to progress for the next twenty years as they had done in the last, that not only Spain, but other powers would have to owe every thing to their moderation as far as respected American possessions—as their land (and if they chose to make an exertion in that way) their naval forces in that quarter of the world would be irresistible—that the European naval powers always Jealous of each other could never venture to share a sufficient number of ships or a sufficient force to resist with effect—that this added to the Americans being at home and with the constant and immediate use of every thing they wanted and the shelter and aid of their ports and their unexampled and continued progress in numbers commerce and revenue made them an object very much to be attended to by all the powers having and valuing their possessions in America. That the constant conversation almost, with the French minister and others was on this subject. That my proposition had been sent off immediately to the minister of Spain at Paris and that there in fact would the question of the Floridas be decided: that it was certain no answer would be given to me until the return of a courier, or some answer was received from Paris. This is the substance of my first information, and from a channel I implicitly rely upon—in consequence I wrote immediately to our minister at Paris and gave him notice that he might use his exertions to obtain the aid and influence of France, if he could persuade them as I think he might that their true interest consisted in wishing us the Floridas and the undisturbed possession of our share of the navigation of the Mississippi. If France wants them herself or if she (to use their own words) is preparing for grand events in our quarter of the world she will oppose the cession and I think her conduct on this occasion may in some measure be consider’d as a test of their intentions in America or at least in that neighbourhood. I have no doubt our minister in Paris will inform you fully with respect to the disposition of France and from me you will hear every thing that the most unremitted, but discreet industry will permit. I was sorry to find, both in France and Spain a too general opinion entertained that our uncommon rise and unexampled increase of numbers, added to our particular local situation—called for the vigilant and perhaps Jealous attention of Europe or at least of the maritime part of it. There are certainly other strong reasons to make most of them view us with attention: they may perhaps consider us as I expressed myself in one of my letters to Mr Madison as the only ark which has in the general deluge floated untouched and as still containing those seeds which may one day again burst into Life and people a world of liberty. It is an ark which they may not wish the same safety & success to as we suppose. Indeed in many conversations I have had with the ministers here who may be called, with respect to American questions neutral—those who are not from maritime countries or such as have possessions in our quarter of the world—some of them seem to possess an anxiety to impart to me the unfriendly & jealous opinions they have heared expressed with respect to our Government & Country—for instance the Prussian minister who speaks English very well and who having been some time in England, appears to have caught a fondness for even that portion of Liberty which the English enjoy—he has frequently opened himself to me in praise of our Government & Laws and particularly the freedom of the Press there enjoyed. He has frequently too expressed his uneasiness for us about the French holding Louisiana and in almost every conversation he has with me, repeats this observation “Ah Sir your Excellent and Innocent Government knows not how many Enemies it has in Europe.” There has also been here for nearly fourteen years as their minister a very able and learned one from Saxony who in the time of Urquijo is said to have governed Spain by his influence: this man as a true and liberal Philosopher is of course attached to the principles of our Government—he does not hesitate to avow it. The king of Spain having broken off the match intended between the daughter of the elector of Saxony and the prince of Asturias in favor of the princess of Naples, the elector and his minister are both displeased so much so that this able and ancient minister is desired to withdraw.
He has frequently expressed himself to me respecting the unexampled rise of our Country and the attention she attracts from the Maritime powers, and when I have endeavoured to say, certainly there can be no reason for this Jealousy, or even particular attention—that we are a harmless innocent nation of Planters & Merchants—without armies or navies—only anxious to send you our good things, and to take yours in return: that some of our Citizens are a little fond of Money, and that we only wish to be left at peace and quietness to obtain it by fair and honorable Commerce & Agriculture—that these are our great persuits: that if there is any ambition among us it is entirely of a literary nature, to excel as orators or writers: that there can or ought not to be the least Jealousy of us—because we have more Territory already than we know what to do with, and that as to Islands or distant Colonies, we would not accept them if they were presented to us. When I reason in this way, they answer it is very well to say so—the Government, like the Individual who is really ambitious and has great designs, always endeavours to conceal them until prepared to develope its plans. Do you think, says the Saxon to me one day, that we know nothing of United America here? Is it not easy to see the reason why your public men, who are doubtless instructed to do so, hold the language you do? Does not your President do the same—while he is obliged, in giving a state of the Nation to the Legislature to confess its unexampled rise, and the prospects it has: he endeavours at the same time to impress the Opinion that you are without Ambition and have no views, but to the settlement of your own Country and the increase of Men susceptible of Happiness and habituated to Economy & Industry. This is all very well and we will suppose that your President and present Rulers, and the opinions of your People are really such; yet who will answer that the same principles and opinions shall govern twenty or even ten years hence? Give a Nation strength and opulence and it will be impossible for her to be perfectly content and tranquil. She will have some ambition and restless Statesmen spring up to disturb the peace of others and situated as United America is she will be very apt to consider the neighboring possessions as a part of her own Family, that have been too long separated from her, and their present owners as strangers who have no right to interfere in her Family concerns—she will be very likely to say to them keep to your own quarter of the globe and leave us to ourselves. This say they the French see plainly and so does Spain and hence the cession of Louisiana, which will be peopled with troops black as well as white and is intended to be very strong. Upon the whole his information went to convince me that the French are extremely desirous of having the Floridas themselves and will of course oppose our getting them. Wishing however to be convinced, if possible, of the true state of things I wrote to the Prince of Peace that if he had consider’d the nature of the application, (a copy of which I had inclosed him) and particularly the part of it that respected the Floridas, I would have the pleasure of an interview with him whenever he would fix—in his answer he requested me to postpone it until the decision or end of their Negotiations “now depending with France”—as nothing important could be done, until we knew their issue. From this I conjecture that France is still pursuing her negotiations with Spain respecting the Floridas & the Boundaries of Louisiana. In consequence I wrote again to our minister at Paris not having received any answer to either of my former letters to him until the 12 th Ulto when his communications which were in cypher went to confirm me of the truth of all I had heard respecting the Floridas and Louisiana. As he has no doubt communicated to you fully the information & opinions, he has transmitted to me you will find from them that there exists at present no probability of our either soon receiving an answer respecting the Floridas or when received of its being such a one as we could wish—he seems by his letter to me to fear that the Floridas are not now in the power of Spain and to confirm the opinion I always had—that if any thing is to be done on this subject it must be at Paris. For my own part I shall do all I can, and in the way most pleasing to the Court here; and most likely to do the best that can be now done—having brought it before them in the way I have, I shall not endeavour by too pressing or repeated applications to precipitate a reply on a subject, which I fear is very embarrassing to them—on the contrary I will let them take their own time, and this I beleive will be the best way. I apprehend too that they are a little sore on the subject of Money.
The French who have been very much accustomed to make the country of their enemy the theatre of war and the means of supplying their armies cannot now do so on the St. Domingo expedition—for this large sums of efficient money are necessary, and it is said that as Spain is now bringing home her long accumulating treasures from South America, that serious propositions have been made to her for the loan of such sums as are extremely inconvenient for her to furnish; but which she does not know how to refuse. It is beyond a doubt that the current Expences of the French Government far exceed their present Revenues and that Holland and Spain must furnish the means for the greatest part of the West Indian Expedition, about the events of which you must be much better informed than we are here, as the press is so much under the harrow both in France and Spain that it is impossible ever to know the true state of things from that.
I could wish very much, to be able to give some opinions on the probability of Events in Europe; but this is a subject, now become so intricate, that the more I consider it, the more I am involved in doubt. Bonaparte’s conduct in consolidating the executive power of the Italian Republic with that of the French and in the Concordat with the pope, and the consequent proceedings in the French legislature on the subject of religion makes it extremely difficult to penetrate his further designs.
Almost all the real republics which until lately hoped he would have relinquished a part of his present enormous powers and given to France something like a free government, now begin to despair and to suppose that in fixing the principles and consolidating the power of the Italian Republic he has so clearly developed his own principles as to leave France little room to hope for an amelioration of her situation while he can retain his present power. There are others also who think that supposing Bonaparte to be out of the question, the European Nations he controuls at present, are infinitely too corrupt to receive a government like ours or indeed any other kind of System, than that military one which is at present imposed on them—that from their Habits, Opinions and Manners and their total want of knowledge of the nature of a free government and particularly from their corruption they are so accustomed to see every thing done by money or (if possible) other still worse means of favor or influence—that in fact they have lost their ignominy in the peoples Eyes and it seems now to be a wonderful & almost incredible thing to them that any Governments or their Tribunals should be conducted upon other principles or in an honorable or uninfluenced manner. Many of them speaking of the corruption and customs of Europe and hearing my accounts of the purity and honor of our government and tribunals and how dreadfully we should conceive the possibility of money influencing our measures or decisions, have said they beleived we were too honest for the rest of the world and that our government must work Miracles, if with all the intercourse we have with other nations it should still be able to keep our Citizens and officers honest. Such are the manners of this side of the Globe, and such their opinions of us; but I trust that we shall be able to shew them, that as the Governments and Laws of Countries never fail to fashion the opinions & Manners of their Citizens our own will for ages, continue to receive their impressions from a System, which is as different from any thing I have yet seen, as Jove’s, was represented to be from that of Pluto.
I am waiting with anxious impatience to know the result of the Negotiations pending between France and this Government on which, as the Prince of Peace told me, will depend a great deal and as soon as I know them, and the effect they will have here, I will inform you.
The Credit of this Government is rising fast in its pecuniary concerns—their Vales Reales (a Kings Debt), was more than 30 ⅌ Cent Discount when I arrived here, & is now, in Cadiz at 4, & here at 8 ⅌ Cent, & will soon be at par. They have received large quantities of Specie from America and will have more than Thirty Millions of Dollars in addition by December.
I have mentioned in my former Letters the great number of Claims I met here, and how much they have increased the Business of this Mission so much so, that I am kept constantly at work with Reclamations and the Business that flows from them. I beleive, except the French, that I have more Business than all the rest of the Foreign Ministers put together, for the Trade to Spain has been and now is much more extensive than I had expected.
Since writing the above I have been informed a courier is arrived with the intelligence that it is contemplated to declare Bonaparte Consul for Life—some say for 20 Years & that Bernadotte is immediately to go out with a Squadron & Troops to Louisiana to take posession of it. If this is true you will no doubt hear it much sooner from Mr Livingston than from hence & it will serve to confirm some of the information I have transmitted you.
I expect to return from Aranjuez in the latter End of June. The Court will go to Barcelona in September to meet the families of Naples & Etruria, & possibly Portugal on the subject of the intermarriages & to see & congratulate each other on the conclusion of their Dangers & difficulties. I am hopeful this Letter will find you & your friends all well & happy & with my best Wishes & most respectful & affectionate compliments I remain With the sincerest Regard Dear Sir Yours Truly
Charles Pinckney

   RC (DLC); enclosure (DLC: Jefferson Papers). RC docketed by Brent as received 10 Aug.; also docketed by JM. Enclosure in a clerk’s hand, except for the last two paragraphs, signature, and dateline in Pinckney’s hand; docketed by Jefferson as received 19 Aug. Italicized words in enclosure are those encoded by Pinckney’s secretary; key not found. Decoded interlinearly by JM.

   On John Mullowny, see Pinckney to JM, 6 Apr. 1802, and n. 1.

   This word was apparently miscoded.

   JM’s decoding of the section in angle brackets is obscured; the decoding here is supplied from a partial key compiled by the editors.

   According to the key compiled by the editors, JM should have decoded “ambitious” here.

   JM should have decoded “accumulated” here.


Title: To James Madison from Jonathan Dayton, 25 May 1802
From: Dayton, Jonathan
To: Madison, James

Letter not found. 25 May 1802. Acknowledged in Daniel Brent to Dayton, 29 May 1802 (DNA: RG 59, DL, vol. 14). Requests a copy of the acts of the second session of the Seventh Congress and a copy of the agreement between the U.S. and Georgia. Brent replied that “when the printing is compleated which is to form the first part of the 6th. Volume of the laws of the United States, and to comp[r]ise these acts, that part of the work will be forwarded to you”; he added that he would send either a printed or manuscript copy of the agreement “in a day or two.” He sent the book on 12 July 1802 and apologized for neglecting to send the agreement (Brent to Dayton, 12 July 1802 [ibid.]).


Title: To James Madison from Rufus King, 26 May 1802 (Abstract)
From: King, Rufus
To: Madison, James

26 May 1802, London. No. 68. Reports anxiety among British manufacturers and merchants “founded upon the Belief that France would exclude, either wholly or in a very great degree,” British manufactures. “The prohibitory Laws of France passed during the War have been declared to be in force, and were it not for a recent and extraordinary Law which puts into the hands of the Chief Consul, provisionally, the whole Regulation of Commerce … no English Fabrics could be, as at present very few are, imported into France.” That country has recently suggested that “certain understood and reciprocal Regulations … be established by Law, … according to which the Trade between the two Countries should be carried on for a limited time.” Such a proposition is being considered by the British government, but it must be passed immediately or be referred to a new Parliament, “as it is believed that the present Parliament will be dissolved in the course of three weeks” so that elections may be held without interfering with the harvest. Suspects that financial condition of Bird, Savage, and Bird may “not be altogether free of embarrassment.” Communicates his apprehensions in confidence.

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 3 pp.; marked duplicate; in a clerk’s hand; docketed by Brent as received 19 Aug. Printed in King, Life and Correspondence of Rufus King, 4:128–29.

   The firm of Bird, Savage, and Bird was indeed in difficulty, and it failed in February 1803 (S. R. Cope, “Bird, Savage & Bird of London: Merchants and Bankers, 1782 to 1803,” Guildhall Studies in London History, 4 [1981]: 213–15).


Title: To James Madison from Levi Lincoln, 26 May 1802 (Abstract)
From: Lincoln, Levi
To: Madison, James

26 May 1802, Washington. Gives opinion on the case of a Portuguese brig “which you did me the honor of submitting to my consideration.” On 28 July 1800 the brig was recaptured by Captain Rodgers of the ship Maryland after having been captured thirteen days earlier by a private armed schooner from Bordeaux. Rodgers arrived at St. Kitts on 20 Aug. with the brig. The admiralty court there refused to let the brig be taken to the U.S. for adjudication, assuming jurisdiction of the case “as one, respecting the ship of an ally captured from a common enemy, by an ally.” The court ordered the brig to be “restored, on the payment of salvage.” There was no appeal by the agent for the captors. “The minister for the french Govt. demand[s] this vessel, or the salvage of the U. S. as being a vessel within the description of vessels, provided for in their treaty with France, & as not being finally condemned at signing of that treaty.”
“In my view of the cause, it is not necessary to determine how far the Court of Admiralty is justified, by the laws of nations, in its proceedings, as they respect the U. S. or the Portuguise owners of the Brig.
“The words of the treaty are, ‘property captured, and not yet definitively condemned, or which may be captured before the exchange of ratifications, shall be mutually restored; on the following proofs of ownership’: viz—with respect to merchandize, passports; with respect to cargo, certificates; and in case of the destruction of these documents, other proof.
“The property which is to be restored, is designated by the descriptive term ‘captured’ and is such as was capable of being condemned as french property to the use of the Captors &c. and such as America could rightfully restore.… Besides—
“The word captured, as a technical & a descriptive term, does not include the meaning, and ought not to be construed, to have the effect, of the term recaptured, in the sense of the treaty. Also—
“The property of an ally recaptured, is incapable of being condemned, in the sense in which this term is used in the treaty; it of course, is acquitted, and the judgment of acquittal, is of itself an act of restoration. In no event could there be a judgment of condemnation. Further—
“The described Property is such, as a tittle to restoration, is capable of being proved, either by the passport of the ship, or a certificate of her Cargo. These documents, could have an operation as proof … only as applicable to original french ships. In the present case, these documents prove nothing more concerning a right of demand, in France than, in England, or, in Turkey. Again—
“The treaty was signed the 8th. of October 1800; previous to which, Judgement had been rendered & the property restored to the former owners, on the payment of salvage. The owners of the brig and cargo, are now repossessed of their property. The act is final as it respects all parties. Their rights are executed. There is nothing which, either the treaty, or further process, can operate upon.
“The French S[c]hooner took, or captured the Brig subject to the chances of a recapture, by its own crew, or another ship of the same nation, or by any other power, at war with France. The moment that a recapture took place, the first captors lost all claims on the recaptured property—and are, in the same situation, as tho’ they had never made the capture. If it had been taken a third time, by another French ship,… these first captors would have not been considered as owners & would not have had any claims for salvage.… The portuguise, had a right, to get the repossession of their vessel, as against France, by any means in their power.… This right could not be abridged, in favor of France, by the American recapture. This event, extinguished the right of the first captors, in toto.…
“If they [sic] Brig had been in the possession of the American captors unproceeded against in law at the time the treaty was signed, still the case would have been the same. She would have been the property of Portuguise, and the United States, being bound to restore her to them on their payment of salvage, could not stipulate … to deliver her to France. Nor can they, be any more bound to pay the salvage over to France, than they would be, in case the Brig had been owned originally by Americans, and being captured by the French, had been recaptured by other Americans. Indeed the term, salvage, or a right to it, has no meaning, as applied to first captors—nor can the term restore, which implies a previous possession, which in the present case, the french in no sense of the word can be considered as having had.
“I am, upon the whole, decide[d]ly of the opinion, that the treaty does not authorize the French Govt. to make any demands on the United States for property recaptured from it, & which, they were obliged to restore to its original owners, on the payment of salvage.”

   RC (DNA: RG 59, LOAG). 5 pp.; docketed by Brent. Printed in Hall, Official Opinions of the Attorneys General, 1:111–13.

   For Pichon’s claim for the Gloria dal Mar, see his letter to JM, 14 Apr. 1802.


Title: To James Madison from Robert R. Livingston, 28 May 1802
From: Livingston, Robert R.
To: Madison, James

No. 15
Dear Sir,Paris 28h. May 1802
Since my last I have acquired information which I can depend on relative to the intentions of this government with respect to Louissiania. Bernadotte is as I told you to command C to be 2d in command Addet is to be prefet—but the expedition is delayed till about sepr. on account (as Tallerand expressed himself to Bernadotte) of some difficulty which he did not explain—but which I have no doubt has arisen from the different apprehentions of France & Spain relative to the meaning of the term Louissiania which have been understood by France to include the florida’s but probably by Spain to have been confined to the strict meaning of the term. This explains why I could never get an answer to my questions relative to the extent of the cessions—And upon which the french Government had probably no doubt till we started it.
Believing, if this conjecture as to the cause of the delay of the expedition was right, that no time shd be lost in throwing obstructions in the way of its conclusion I wrote the note of which the enclosed is [a] copy with the Double purpose of alarming Spain & furnishing her with arguments arising from the good faith they owed us against giving their cessions the construction France would wish. I considered this as the more important because I believe that every negotiation for this object will be carryed on here. I shall however give the earliest & fullest information I can on this subject to Mr. Pinkney who will enforce at Madrid the arguments I may use here to excite the alarm of the court of Spain.
I wait impatiently some farther instructions from you those I have in some sort prohibiting such measures as may shew any dissatisfaction on the subject of which however I doubt the policy the subject is so interesting as induce us to risk som[e]thing to defeat it. If I do not hear from you soon I shall present a pointed memorial to this government statg fairly & candidly our objection to their taking possession of the Floridas & demanding security for the rights we had originaly & by treaty with Spain. I am Dear Sir with the most respectful attatchmt Your &c.

   Draft and draft of enclosure (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1). RC not found but mentioned in JM to Jefferson, 11 Sept. 1802, and acknowledged in JM to Livingston, 15 Oct. 1802 (DNA: RG 59, IM, vol. 6). Italicized passages are underlined in the draft; Livingston apparently intended them to be encoded. For enclosure, see n. 2.

   “Collot” in letterbook copy.

   Livingston enclosed a copy of his letter of 28 May 1802 to José Nicolas de Azara, Spanish ambassador to France (5 pp.; printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:518), in which he broached the subject of the retrocession of Louisiana to France and inquired what provisions had been made to safeguard American rights under Pinckney’s treaty. He observed that the treaty limited navigation of the Mississippi River to “the subjects of Spain & the citizens of the United [States] unless it shall be extended to others by special convention.” Livingston said he presumed the Floridas were not included in the cession “because of the evident interest that [Spain] has in retaining them as a security for her territories in South America.” He asked how—if the Floridas had been ceded—Spain intended to fulfill its obligation to control the Indians resident in its territories and to ensure the right of U.S. citizens to deposit goods at New Orleans and to export them free of duty from that port.

   Livingston informed Pinckney that his note to Talleyrand on Louisiana had gone unanswered and that the French minister’s friendly assurances on that subject amounted to nothing. He reiterated the reasoning put forth in his letter to JM and communicated the contents of his letter to Azara (see n. 2). He noted that from Azara’s reply “it appears first that the Floridas are not included & 2d. that the Spanish Ambassadour here is not entrusted with the negotiation,” and he urged Pinckney to keep him informed of developments in Spain (Livingston to Charles Pinckney, 2 June 1802 [draft, NHi: Livingston Papers]).


Title: To James Madison from Ebenezer Stevens, 28 May 1802
From: Stevens, Ebenezer
To: Madison, James

Sir.New York 28th. May 1802
I am favor’d with your respects of 24 Inst. respecting the proposition made by Mr. Kingston, of referring the business of Demurrage for the Ship Peace & Plenty, to Arbitrators of persons residing in Philadelphia.
I think that it would be more proper, to have the business adjusted in this place, and that the public Interest, would be more benefited thereby, as I am knowing to the Circumstances, more than indifferent persons can be.
Should you coincide with me in opinion, I must request you will authorise me to settle the business. I will then make a settlement wth. him, on the best terms in my power.
Permit me to observe that the American Consul at Tunis deliverd to Capt Laughton of the Ship Grand Turk, a Cable, for the ship’s use which belong’d to the United States, & I think that the Owners of the Ship, ought to account for it at the value of the same at the port of Tunis. As Mr. Stuart will shortly bring in a Claim, again⟨st⟩ the United states, on acct. of detention of the Shi⟨p,⟩ I take the liberty of requesting your advice, wheth⟨er⟩ I must charge him for the aforesaid Cable. I have the Honor to be Sir with great respect Your Obdt Servt.
Ebenr Stevens.

   RC (DNA: RG 59, ML).

   Daniel Brent had written to Stevens on 24 May that “the Secretary of State before he left this place a few days past, directed me to write to you on the subject of a proposition which Mr. Kingston had made to him, to refer the question of demurrage for the detention of the Peace and Plenty to the Arbitration of persons living in Philadelphia, to be there settled.… His object is to learn of you, whether the public interest would be hazarded, in your opinion, by acceding to Mr. Kingstons’ proposition.” Brent added that JM “does not know, or recollect, the state of another claim on the Government for demurrage—that of the owners of the Grand Turk—whether arbitrators have been appointed, to settle the questions involved in the case, or not. He requests you therefore to favor him with any observations that you may think will be useful” (Brent to Stevens, 24 May 1802 [DNA: RG 59, DL, vol. 14]). Brent also wrote to Stephen Kingston at JM’s request, informing him that “the Secretary’s determination on your proposition will probably conform with General Steven’s answer, and that it will be made directly after this is received” (Brent to Kingston, 24 May 1802 [ibid.]).

   For the claim of James Stewart & Co. for demurrage for the ship Grand Turk, see JM to Stevens, 18 Feb. 1802, and W. F. Gordon to JM, 27 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:475 and n. 3, 495–96).


Title: To James Madison from William C. C. Claiborne, 28 May 1802 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

28 May 1802, Washington, Mississippi Territory. “I have the honor to enclose you, a Manuscript Copy of the Laws passed at the last Session of the Territorial Legislature; There being at present, no Secretary in the Territory, (Colo. Steele’s time of service having expired) the original Laws, are deposited with me for safe keeping. The acts passed at the Session, previous to the last, are yet with the Printer; but I hope, the publication of them, will be completed in the course of next week, and if so, I will transmit you a Copy, by the next Mail.”

   Letterbook copy (Ms-Ar: Claiborne Executive Journal). 1 p. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:114.


Title: To James Madison from Peter Stirling, 28 May 1802 (Abstract)
From: Stirling, Peter
To: Madison, James

28 May 1802, Barcelona. Transmits a copy of his last letter, dated 29 Apr., “being moved for general good and have to add that Scrupolous precautions are taken here to avoyd an introduction [of disease]. It is Said … that the infection is So pestiferous in Oran that great numbers are Swept off Dayly.… I likewise understand that the French Nation are going to be So Cautious as not to admitt into their Ports any Vessell from oran or its Neighbourhood. For the present perfect Health is enjoyed in Spain.” Reports that he intervened with the superior court of Barcelona on behalf of the schooner Polly of Boston, Capt. H. H. May, and received the enclosed answer.

   RC and enclosure (DNA: RG 59, CD, Barcelona, vol. 1). RC 2 pp.

   Stirling enclosed a document (1 p.; in Spanish, with English translation on verso) headed, “In assembly of the 11th. of may 1802.” It ordered a thirty-day quarantine for Capt. Henry May’s ship; “he could not be admitted with only 15. Days quarantine, as he was told on his first arrival, he Should perform; as during those, orders were received, to oblige Such Ships to a Strict quarantine that had Some touch, or Comunication with Some other, coming from the Coast of Africa.”

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


Title: Receipt from Nelly Conway Madison, 28 May 1802 (Abstract)
From: Madison, Nelly Conway
To: Madison, James

28 May 1802. “Recd. of James Madison fifty dollars in part of what may be due to me out of the personal estate of my grandfather.”

   Ms (owned by W. Parsons Todd, Morristown, N.J., 1961). In JM’s hand, signed by Nelly C. Madison.


Title: To James Madison from Louis-André Pichon, 29 May 1802 (Abstract)
From: Pichon, Louis-André
To: Madison, James

29 May 1802, Philadelphia. Encloses two commissions for commissaries of commercial relations: one for Lequinio de Kerblay at Newport, Rhode Island, and the other for Sotin at Savannah, Georgia. These two agents arrived several days ago and await the president’s exequatur to enter upon their functions and leave for their posts.

   RC (DNA: RG 59, NFL, France, vol. 1). 1 p.; in French. Enclosures not found. Joseph-Marie Lequinio de Kerblay and Pierre-Jean-Marie Sotin de la Condière received their exequaturs on 15 June 1802 (National Intelligencer, 21 June 1802).


Title: To James Madison from William Buchanan, 30 May 1802 (Abstract)
From: Buchanan, William
To: Madison, James

30 May 1802, Ile de France. Acknowledges receipt of JM’s standing instructions under date of 9 July 1801 as well as a copy of his commission as U.S. commercial agent for Ile de France and Bourbon; “the Vessel by which the Original was forwarded is unquestionably lost.” Will follow JM’s instructions “respecting returns of the American Vessels which may arrive within my district … tho’ I am apprehensive it will be difficult to execute that part, which regards Cargoes, as most of our Countrymen are unwilling to give the necessary Information.” Notes that the two blank forms mentioned in JM’s instructions were omitted.

   RC (DNA: RG 59, CD, Port Louis, vol. 1). 2 pp.; docketed by Brent as received 16 Aug. Duplicate (ibid.) dated 1 June; docketed by Brent as received 8 Sept.

   See Standing Instructions to American Consuls and Vice-Consuls, 10 June 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:288–89).

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


Title: To James Madison from John Gavino, 31 May 1802 (Abstract)
From: Gavino, John
To: Madison, James

31 May 1802, Gibraltar. No. 88. Reports departure for Lisbon on 24 May of an English brig—converted from a captured Tripolitan ship—commanded by Capt. Anthony Lambertus. In a letter of 25 Apr. O’Brien reported that the Algerines had captured one Genoese and two Neapolitan vessels and that “Six other large Corsairs were ready for Sea.” Has heard rumors in town of the Algerine capture of the Portuguese frigate Cisne; “if this account is verified the Algereens will be very haughty.” The U.S. ship Chesapeake arrived on 25 May after a voyage of twenty-eight days and is undergoing repairs for a sprung mainmast. Has forwarded dispatch to U.S. minister at Madrid received from the State Department by the ship Protector. Encloses letter from Simpson at Tangier to JM. In a postscript notes that a recently arrived Danish frigate confirmed the capture of the Cisne by Algiers, reporting that the commander and twenty men were killed and that “the Moors on shore were so much Exulted, that no Christian could Speak.”

   RC (DNA: RG 59, CD, Gibraltar, vol. 2). 3 pp.; docketed by Brent. Printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:162–63. Enclosure was probably James Simpson to JM, 13 May 1802.

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


Title: To James Madison from John Rodgers, June 1802 (Abstract)
From: Rodgers, John
To: Madison, James

June 1802, Baltimore. Reports the “unjust, insulting, and Cruel Treatment” he received at the hands of French officials in Saint-Domingue. He arrived at Cap Français in late December 1801. “The Evening preceding the night the Cape was Burnt, I lost my passage on Board, in rescuing from the flames, a number of helpless Women, and Children. As soon as I found there was no possibility of getting on Board,… I soon resolved on taking an active part, in doing which, (by Strategem), saved a number of Houses, and a great quantity of valuable property: in fact, had the Fleet entered so soon as was Expected, I should have saved, or been the cause of saving near half the Town.” He was treated “with every mark of Attention” by the French officers; “and, altho, an Embargo was Instantly laid; yet, on Application to General La Clerc, I was immediately granted permission to Depart.… The Civilities I received from Gen. La Clerc, added to the just claims I had to his friendship, induced me to return immediately to Baltimore, supposing I should have advantages in Trading to St. Domingo.… I prevailed on my friends … to load two Vessels, with Provisions; with which, on the 9th March last, I sailed for the Cape.… However, to my Astonishment,… shortly after my Arrival, the Cargoes of these Two Vessels, were taken from me, by the Government, at their own prices, without any Security for the payment, and myself, in a short time after, thrown into prison.” He was arrested on 11 Apr., without being “afforded an opportunity of contradicting, and confuting (any) and (Every) unjust representation, which might have been circulated, to my prejudice.” Orders were given to treat him like a criminal, and he was confined to a cell that “in Size, was very little more than double that of a large Oven; built entirely of Stone; the Door, with a small Iron Grate over its Top Excepted.” There he remained about three hours and then was conducted to a place “still worse—A Dungeon, surrounded by a double Wall, and totaly Dark, except what light the Key Hole afforded.… Added to this, it was the Habitation of Lizards, Spiders, and many obnoxious Insects, peculiar to the Climate. In this situation, I was kept Four days, and Three nights, on Bread and Water.… On the 4th day, the door of my Dungeon was opened; when I found a partner of the wrongs & Injustice I had suffered, standing in the yard—A Mr. Wm Davidson of Philadelphia.… On seeing Mr. Davidson, I could immediately discover the Effects of the Inhuman Treatment we had received. He was pale, and Languid, from breathing four days, and Three nights, in an Infectious Air, Intolerable Heat, Darkness, and every filth, and dirt, that can be imagined.… We began Devising a plan to get something to Eat, and with the aid of 25 Dollars, procured a Breakfast, and made an arrangement with a person … to furnish us with a little Meat, and Wine, during our Imprisonment.” In order to send a message to the outside, “I was reduced to the necessity of Bleeding, myself, to procure Ink; with which, and the Assistance of Mr. Davidson’s Toothpick, which I converted into a pen, made out to Write a few Lines to one of our Friends.” On the ninth day of captivity, “we were removed to the most remote part of the Prison.” On 25 Apr. they received an unsigned letter offering “service” for whatever “Sacrifis you can make.” They later were visited by a person in disguise who offered them liberty for a fee. “To this unjust proposition, I felt so much Indignation, that I replyed, I would not buy my Liberty, even was I sure, I should Die in prison.… Mr. Davidson, choosing to sacrafice his own feelings, rather than those of a Wife, and Children, promised to give two, or four hundred Dollars.… However, it was never demanded.… The above Visitor, altho he was in disguise, I knew him to be Secretary to the Commandant.” On 29 Apr. the two prisoners were conducted to the quarters of General Hardy, who ordered them to be placed aboard ship and sent off within four days “and not to Land again under pain of Death.” In this interview Hardy “made use of such Scurrilous Abuse, as I feel almost Ashamed to repeat.” “He said, He knew that I had been their inveterate Enemy, and that I ought to be Shot, or Hung. To which I only replied, that Sooner, or later, they would be made sensible of the unjust Treatment I had received. To this, He answered, with a mixture of insult, and contempt, you may now inform your Government, what kind of Treatment you have received from this Administration.”
Mentions a circumstance that might have led to his imprisonment. On 2 Apr. 1801 he met with Clément, the commandant of the port, who “had sent for me, with an intention to Insult me—in which, He Shielded himself with the Functions of his Office.” His insulting remarks were “pointed at the Officers of the American Navy.” Rodgers informed General Hardy, commander of the northern department, of the incident, expecting him to “point out a mode of Redress,” but “instead of doing so, He desired that I would inform him in writing, what had passed between us; Accordingly, I wrote him the following Letter.”
Describes an interview with Clément held “on Sunday last,” in which the commandant accused him of trading with Toussaint and insulting French naval officers. “I am sorry to be under the necessity of saying, that during the above Conversation, Mr. Clement’s Language bespoke nothing but Insult, and contempt, to my Country, and my own person.… However, I have since learnt, (I conceive) the cause of Mr. Clement’s Extraordinary Conduct; which it is possible, has been occasioned by some Mal representations, made by Mr. Pichon.”
Refers JM to Tobias Lear “for the Reasons why I have suspected Mr. Pichon’s endeavouring to Injure me.” Rather than justifying his own conduct, transcribes a 30 Apr. 1802 letter “Signed by every Respectable American Resident at the Cape,” expressing “deep regret, and Indignation, for the Recent Treatment you have experienced here,… not from any misconduct of your own, but from Base misrepresentations, made to the Capt. General of this Colony.”

   RC (DNA: RG 76, France, Unbound Records Relating to Spoliation Claims, ca. 1885); FC (DLC: Rodgers Papers); partial FC (ibid.); Tr (DNA: RG 59, CD, Cap Haitien, vol. 4); letterpress copy of Tr (NHi: Livingston Papers). RC 21 pp.; in a clerk’s hand, corrected and signed by Rodgers. FC in a clerk’s hand, with corrections and additions in Rodgers’s hand; these changes are incorporated in the partial FC but not in the RC or Tr.

   According to James Barron, Rodgers “laid all the blame” for his imprisonment on Pichon, “a little man, with a little wife, and a little child, the three not weighing above 180 pounds; of this man he swore loudly, he would have revenge, threatning that where-ever he did meet him, he would kill or otherwise maim him to his satisfaction, so loud were those threats that Monsr Pygon thought it proper to complain to the State department, which brought forth a long letter from Mr. Madison [not found], to the aggrieved party, Captain Rodgers; in this letter, Mr. Madison refered Captain Rodgers to a letter written, or printed, by the queen of England, as an apology to the Empress of Russia, for the arrest of the Russian minister by an ignorant constable, and a tailor creditor, of the Minister, on a sunday morning; this letter was refered to, with a view to impress Captain Rodgers, of the sacredness of the character of a foreign functionary” (James Barron to George Blake, 14 Nov. 1848 [DNA: RG 45, Subject File, XP, Misc. Correspondence to and from Pursers]).

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


Title: To James Madison from Fontaine Maury, 1 June 1802
From: Maury, Fontaine
To: Madison, James

Dear SirNew york June 1. 1802
Having a private Conveyance I take the Liberty to inclose you a Pamphlet just Published.
If I can on any occassion Render my services acceptable to you at this place, where I have made an establishment in the Commission business, I shall have particular therein, being with real esteem Dear Sir Your mo He
Fontaine Maury

   RC (DLC). Docketed by JM.

   The pamphlet was probably [James Cheetham], A Narrative of the Suppression by Col. Burr, of the History of the Administration of John Adams (New York, 1802; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols. to date; New York, 1958—). 2021), publication of which on 29 May 1802 ignited a pamphlet war between followers of Aaron Burr and those of George and DeWitt Clinton that lasted well into 1803 (“The Pamphlet War,” 15 July 1802, Kline, Papers of BurrMary-Jo Kline, ed., Political Correspondence and Public Papers of Aaron Burr (2 vols.; Princeton, N.J., 1983)., 2:724–28). JM’s copy is in the Madison Collection, Rare Book Department, University of Virginia Library.

   Maury omitted a word here.


Title: To James Madison from William Willis, 1 June 1802 (Abstract)
From: Willis, William
To: Madison, James

1 June 1802, New York. Has terminated his business and found a passage to France. Hopes to be in Barcelona in forty days. “I am inform’d (indirectly) that one of the Mr Montgomerys of Alicant were about to apply for the consulate of Barcelona, and from this I am led to conjecture the source of a great part of the Clamor rais’d against me, and such an opportunity no doubt will be very gratifying to them in order to be reveng’d of me for defending the interests of some american Citizens.… I can procure ten americans of respectable character, to give testimony in my favor, to one that will say any thing against my character.”

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

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


Title: To James Madison from James Leander Cathcart, 3 June 1802 (Abstract)
From: Cathcart, James Leander
To: Madison, James

3 June 1802, Leghorn. No. 7. “Yesterday” he enclosed dispatches from Eaton through 4 May. Now encloses an extract of intelligence received from Tripoli “containing the most prominent transactions of that government from the 12th. of March to the 30th. of April,” to which he adds the following extracts from Eaton’s letter to him of 21 May.
On the day before yesterday the Schooner Enterprize Lieut. Sterret arrived here, thirty six days [hours] from before Tripoli. He left there four Sweedish Frigates & … the Boston. The Swedish flagstaff is at len[g]th taken down & an end put to temporizing—some bickerings have since taken place between the Tripoline gunboats & the allies a few Moors have been kill’d & one Swede wounded. Mc.Niels grape & langrage were found an unwelcome Regalia to the boats; though he suffer’d nothing from their too elevated Shot.
… The captures of Tunisian merchantmen complain’d of have all been done by the Swedes, this circumstance relieves me from incalculable perpl⟨ex⟩ities with this government.
Lieutenant Sterret assures me that seven days ago, the Bash⟨aw⟩ Ciddi Mohamed, was at Malta waiting the arrival of our Squadron; Captn. Mc.Niel signifies to me by letter of the 17th. inst. that this is by arrangment between them, Thus things seem to be in a good train.…
An Express ship of War has lately arrived from England at Malta with orders for the immediate evacuation of that Island.…
Cathcart knows his “narration of facts … is little better than a gazette,” but as the ship taking his dispatch could sail at any moment he must defer comment. Requests JM to send a credit for him to Degen & Purviance or another Leghorn firm. In a postscript states that he is forwarding a copy of his dispatch no. 8 of last year, a copy of which was also forwarded in his no. 6 of 21 May.

   RC and enclosure (DNA: RG 59, CD, Tripoli, vol. 2). RC 3 pp.; docketed by Brent as received 16 Sept. Enclosure headed: “Extracts from Mr. Nissen’s letters to me dated at Tripoli from the 12th. March to the 30th April inclusive recd. by me at Leghorn June 1st. 1802”; Nissen reported on events at Tripoli, including the expectation that the emperor of Morocco would send a cargo of grain, the movement of Tripolitan ships, and Swedish-Tripolitan affairs (6 pp.; printed, with second page omitted, in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:66–67).

   On the last page of Eaton to JM, 4 May 1802, Cathcart wrote a note to JM dated 2 June 1802, and he appended a brief extract from Eaton’s letter to him of 21 May (DNA: RG 59, CD, Tunis, vol. 2, pt. 1).

   Eaton’s 21 May 1802 letter to Cathcart is printed in full in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:157–58.

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


Title: To James Madison from John Mason, 4 June 1802 (Abstract)
From: Mason, John
To: Madison, James

4 June 1802, Georgetown. “Mr Nicholas King of the City of Washington, who will do himself the honor to hand this Letter, has requested me to make him known to you, being desirous, as he is at present out of Business, to obtain a Clerks place in your Department, should there be a Vacancy.… I have known Mr King for many years & can most safely recommend him as a Man of Abilities Integrity and amiable Disposition.… I can also speak confidently of his Industry and attention—his particular profession has been that of Surveyor & Draftsman but his Knowledge of Business is general—perhaps his Knowledge in Mecanics & Drafts may be useful in addition to the ordinary Duties—in some of the Branches of your office.”

   RC (ViU). 2 pp.

   Nicholas King (1771–1812) was born in England and immigrated to the U.S. in 1794. First employed as a surveyor by the Philadelphia merchant Robert Morris, King moved to Washington in 1796 where he surveyed for Morris, the commissioners of the city, and others until 1803. That year Jefferson appointed him surveyor of the city of Washington, a position he held until his death (Ralph E. Ehrenberg, “Nicholas King: First Surveyor of the City of Washington, 1803–1812,” Records of the Columbia Historical Society, 69–70 [1969–70]:31–65).


Title: To James Madison from John Webb, 4 June 1802 (Abstract)
From: Webb, John
To: Madison, James

4 June 1802, Charleston. Refers to his letter to JM of 28 Apr. enclosing a certificate and a copy of his letter to J. E. Colhoun; “Mr. Calhoun has been so polite to return the Certificate, as ‘it may be of service to me.’” Apologizes for this second request but explains that “the Uncertainty of my first having arrived safe, not having had the pleasure of hearing from you, & my anxiety to hear” prompted him to write.

   RC and enclosures (DNA: RG 59, LAR, 1801–9, filed under “Webb”). RC 1 p.; docketed by Jefferson. Enclosures are a copy of a certificate supporting Webb for the position of commissioner of bankruptcy, signed by Thomas Bee and six others (1 p.), and a letter from Colhoun to Webb, 27 May 1802 (1 p.).

   Webb’s earlier letter to JM is dated 30 Apr. 1802.


Title: To James Madison from James Simpson, 5 June 1802 (Abstract)
From: Simpson, James
To: Madison, James

5 June 1802, Tangier. No. 40. Transmits a copy of his dispatch no. 39 [13 May 1802] and encloses a translation of the minister’s response to his and the Swedish consul’s 25 Apr. letter on the intended shipment of wheat to Tripoli, “by which you will see he submits the propriety of that measure to the Letter of the Treaties of Sweden and the United States, with this Country. Unfortunately neither make any provision for such a Case, nor are Blockaded Ports mentioned in them.” “Sunday last the Governour sent for Mr Wyk and me to shew us a Letter from His Majesty, desiring to know if we were yet authorised to grant Passports for that Wheat & the Tripoline Ship laying at Gibraltar, which of course was answered in the Negative. It did not appear he had been instructed to treat with us upon the subject, in the precise terms of the Ministers Letter.” Having heard of Commodore Dale’s safe arrival in the U.S., hopes to receive JM’s instructions soon on the points “submitted to your consideration.” The emperor is not satisfied with the “choice or quality” of the Swedish gifts; the governor “presented Mr Wyk with a very extensive and costly list of what the Emperour wishes to have in two years hence, which this Gentleman did not see himself at liberty to receive.” The governor warned Wyk that should the next ambassador not bring the gifts “he had better not come.” It will be some months before the two frigates launched at Rabat will be made ready for sea. Fears these ships are “intended to act against some Christian Power” and suggests stationing at least one U.S. frigate “on this Coast” to watch them. Reiterates that “nothing will tend more to keep this Government in awe” than the frequent sight of U.S. warships on its coast and in its harbors. For lack of conveyance, this letter has been delayed until 10 June, which allows him to add that the Swedish consul Wyk has been warned by the emperor that he can leave Morocco but must take his secretary and dependents; should the articles wanted by the emperor not arrive within four months, “Peace between the two Countrys would at that period cease.” Hopes that the situation of Tripoli has had no share in determining the emperor’s actions. Adds in a postscript that as the Swedish consul is to leave in a few days, “I do not consider it safe to freight the Ships of that Nation for Voyages to this part of the World.”

   RC and enclosure (DNA: RG 59, CD, Tangier, vol. 1). RC 3 pp.; docketed by Brent. Extract of RC printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:165. Jefferson communicated an extract of the RC and the enclosure to Congress with his annual message on 15 Dec. 1802 (printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:465–66). For enclosure, see n. 1.

   The enclosed translation of Sidi Mohammed ben Absalom Selawy’s letter to Simpson and Peter Wyk, 10 May 1802 (2 pp.), described the wheat intended to be transported to Tripoli as the property of the emperor. “If you allow it to pass when the Ambassador goes … it will be very well. If not, you will do what is regular, and as is established by the Treaties of Peace between us and you” (printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:149).

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


Title: To James Madison from Edward Savage, 5 June 1802
From: Savage, Edward
To: Madison, James

Letter not found. 5 June 1802, New York. Acknowledged in Daniel Brent to Savage, 8 June 1802 (DNA: RG 59, DL, vol. 14). Encloses two hundred Mediterranean passports and requests a remittance of $375 to procure the parchment necessary to complete the remainder. Brent had written to Savage on 14 May 1802 (ibid.) asking him to furnish one thousand Mediterranean passports, of which two hundred were “immediately requisite” and the remainder were to be sent “as soon afterwards as you conveniently can, the whole to be of the old Impression.” Brent wrote to Savage again on 7 July 1802 (ibid.), asking him to “lose no time in sending forward the remaining parcel.”


Title: From James Madison to Ebenezer Stevens, 6 June 1802
From: Madison, James
To: Stevens, Ebenezer

Sir,Department of State June 6th. 1802.
I duly received your letter of the 21st. Ulto, and in consequence on[e] has been written to Mr. Kingston from this office, informing him that I do not accede to his proposition for referring the question between the government and himself to the arbitration of persons at Philadelphia, and that you was authorized to take the necessary steps in concert with him; for having it settled in that way at New York. I request you therefore to name some Gentleman in that City who may be entirely confided in, to act as an arbitrator, on the part of the United States, in this business, provided Mr. Kingston designates one on his part as he probably will. In that case, if these two disagree, they may call in a third or, if you can effect a compromise on equitable terms, this as it wo[u]ld be the least troublesome, might be the most advantageous way of closing the Transaction altogether.
It seems but reasonable that the owners of the Grand Turk should pay for the Cable in question, if there be not some special cause to the contrary, which is not known at this Department. I am respectfully, &ca.
James Madison.

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

   JM referred to Stevens’s letter of 28 May 1802.

   Daniel Brent to Kingston, 5 June 1802 (ibid.).


Title: To James Madison from Peder Blicherolsen, 6 June 1802
From: Blicherolsen, Peder
To: Madison, James

SirPhiladelphia 6th June 1802
In your letter of the 22d of April, you have been pleased to observe Sir in answer to mine of the 12th same month concerning the capture of the Danish ship Mercator by Captain Maley of the United States, that proper instructions should be given to an attorney as soon as I had signified the District in which I wished the judicial proceeding to be instituted.
As for the present moment I reside in the City of Philadelphia where I shall be at hand to give instructions to counsel, I take the Liberty to propose that the case may be investigated in the district court of Pennsylvania, which I suppose will be so much the more eligible, in point of locality, as it is the state where Captain Maley resided at the time of the capture, and in which he may in his absence perhaps be most legally sued. I have the honor to be with the greatest esteem & consideration Sir &c &c
(signed)   Blicher Olsen.

   Tr (DNA: RG 46, Transcribed Reports and Communications from the Executive, vol. 4). Marked “(Copy).” Enclosed in JM to the Senate, 30 Mar. 1810 (see ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 3:344, 347).

   JM to Blicherolsen, 23 Apr. 1802.


Title: To James Madison from Joseph Russell and Others, 6 June 1802
From: Russell, Joseph
To: Madison, James

Sir!Buenos Ayres June 6th. 1802
We beg leave through you to lay before the President of the United States an account of the injuries we have suffered from the government of this country & the measures we have taken in order to obtain their redress. In doing this we shall confine ourselves to a general description of those cases only which we conceive to be fairly of national cognizance not being embarrassed with illicit trade or the least violation of the laws of this province.
The most numerous class of sufferers consists of those who either in the United States or some foreign port let our vessells to freight to the subjects of his Catholic Majesty to come here & load on their account with the produce of this country. The Spanish subjects thus freighting these vessells possessed either generally as importers of negroes or specially by royal letters patent the privilege of shipping the produce of this country in foreign bottoms. It was with the knowledge of this privilege & with the full expectation that the Spanish government possessed to[o] much good faith wantonly to revoke it or to impede its free enjoyment that we let our vessells to freight in the manner abovementioned. Sad experience has however taught us that this expectation was ill founded for after our having been detained here for months beyond what was reasonable or necessary those who freighted our vessells are not allowed to load them according to their stipulations with us & as by the aforementioned privilege they had had a right to do. Encouraged by this example of injustice on the part of the government these individuals have in their turn ventured to sport with the solemnity of contracts & wherever the rate of demurrage reserved by charter party bears any just proportion to the injury occasioned by delay there they dishonorably refuse to pay it. Thus between the tyranny of government & the treachery of individuals we are compelled to remain here & behold our vessells rotting without the least prospect of indemnity.
Another class of sufferers but nearly resembling those already mentioned consists of such as having sold their vessells to Spanish agents in the United States undertook the delivery of them & agreed to receive the purchase money in these ports. The right which Spanish subjects here possess of purchasing foreign vessells is derived like their right of freighting them either from the general privilege ceded to the introducers of negroes into this colony or from the special licence of the King. The agents who purchased our vessells took good care to induce our confidence by exhibiting to us their evidence of this right & we like our defrauded countrymen abovementioned came here with the most perfect reliance on the honor of this government & the honesty of its contracting subjects—but like them we have been disappointed. Some of our vessells of this description have now been above seven months in these ports, the government unrighteously refusing or delaying to sanction the transfer & the individuals basely availing themselves of this iniquity of their rulers for a pretext to refuse payment. Hence we find ourselves among inhospitable strangers with vessells which their bad faith has turned upon our hands—without funds sufficient even to preserve these vessells in repair.
All the vessells comprised in both the aforegoing classes came here bona fide in ballast & we do not know that the government here has any suspicion to the contrary. There is however a third class of sufferers who have reason perhaps still more acutely to feel their wrongs. These are such as found themselves in the ports of the Brazils immediately after the commencement of hostilities between Portugal & Spain. It was then that the persons & property of Spanish subjects in those ports were menaced with arrest & imprisonment, with seizure & confiscation & it was at this perilous crisis that our countrymen were induced to relinquish their more lucrative pursuits & to rescue these persons & this property from the mischeifs with which they were threatened. This was certainly an action which gave our countrymen a right to expect upon their arrival here if not a cordial & friendly welcome at least protection & justice. Instead of this however they have been affronted with illiberal surmises—perplex’d by vexatious prosecutions & oppressed & ruined by detention. More than a year has now elapsed since some of them have been waiting here for the fulfilment of their contracts while government has stept between the parties & prevented what it was its duty to have enforced.
There is a fourth class of sufferers who although few in number find their embarrassments here equally ruinous. These are such as in the prosecution of long voyages into the Indian or Pacific oceans were forced by necessity into this river for supplies & while there waiting in hopes of hospitality were encountered & taken possession of by cruizers in the service of this government. These vessels with their cargoes which are valuable have been taken from their rightful owners without any specific cause being alleged therefor by those concerned in the depredation. No charge is exhibited against which we can direct a defence but the whole process is conducted in a dark & mysterious manner & we are left to conjecture the end in view by the general bearing merely of the interrogatories of which they extort from us the answers.
These four classes comprize most of the cases arising from injuries done to our property—injuries which we with due deference apprehend are not only in violation of good faith but in many respects of the laws of nations & of the existing treaty between the United States & Spain. You will find a particular statement of the vessells alluded to in these classes in the inclosed paper No. 1. The documents & peculiar circumstances of each case will be furnished by those therein immediately interested.
In addition to these injuries done to the property there are others still more humiliating which have been inflicted on the persons of American citizens. We have seen our fellow citizens thrust into loathsome prisons where disease & chagrin have impaired their constitutions—where every species of villains which swarm in a rotten & corrupted State have been their bed & board companions & where the torn & mangled limbs of executed felons have been scattered among them to increase their disgust & horror. Yet no crime has been alleged against these unhappy sufferers—no cause assigned for their commitment & no motive can be conjectured for such barbarous treatment of men habituated to law & liberty from their infancy other than the mere love of oppression or the hope to torture them into the confession of some imaginary guilt, or to betray or falsely criminate those who have entrusted & employed them.
We are indeed all treated as the members of a weak & contemptible nation, which has neither the means nor the spirit to protect us. Our government is the sneer & scoff of those in authority here & our flag has been ignominiously hoisted with the union down on board a Kings frigate, while those of other, even of petty nations have been displayed with honor.
To obtain redress for these injuries we have given our frequent personal attendance on this government. We have endeavored to move it by individual supplication & to rouse it by general remonstrance. But to no effect. The inclosed paper No. 2 is a copy of a remonstrance which we presented now more than two months since & which like all our other applications has been passed over with the most mortifying silence. Since then we have thought it prudent to address the American Minister at Madrid a copy whereof No. 3 you will receive herein.
Such are the injuries we have suffered & are still suffering here & such are the measures we have heretofore pursued in order to obtain their redress. But worn down by the persevering injustice of this government—deeply wounded by what we consider a wanton & arbitrary violation of our rights, we feel at length compelled to flee for protection to the government of our own country. It is there we expect to find the prompt & powerful guardians of these rights & it is there we look with filial confidence for their vindication. In this address to you we have endeavored to employ the manly language of the injured citizens of a great & independent nation—if it may now & then appear too bold we trust you will impute it to those uncontroulable feelings excited by our wrongs. We have aimed at nothing more than the discharge of a duty which we conceived we owed to ourselves, to our employers & to our country—beleiving as we do that the interest & dignity of the republic is deeply concerned in insuring a just & honorable treatment to its citizens in foreign countries.
You will please to accept our best wishes for your personal health & happiness & beleive us to be with the most profound respect Yr. mo. obdt. & very hble Servants
Joseph Russell
[and thirty-three others]

   RC and enclosures (DNA: RG 76, Spain, Treaty of 1819, Misc. Records, ca. 1801–24). Docketed by Wagner. For enclosures, see nn.

   Enclosure no. 1 is a list of twenty-seven American ships in the Río de la Plata on 6 June 1802 (1 p.), with their place of origin, master, and date and reason of arrival.

   Enclosure no. 2 is a copy of a memorial addressed to the viceroy of La Plata, dated 31 Mar. 1802 (2 pp.), protesting the detention of American vessels, the seizure of merchant cargoes, and the confinement of American citizens.

   Enclosure no. 3 is a copy of a letter from the American claimants in Buenos Aires to Charles Pinckney, 22 Apr. 1802 (3 pp.), in which was enclosed a copy of the memorial to the viceroy of La Plata; the writers asked Pinckney to prepare the Spanish court for the “favourable reception” of the documents substantiating their grievances, soon to be collected and arranged, and called to Pinckney’s attention the “mean & mercenary spirit of plunder” which characterized the conduct of the viceroy.


Title: From James Madison to Robert R. Livingston, 6 June 1802 (Abstract)
From: Madison, James
To: Livingston, Robert R.

6 June 1802, Department of State. Introduces the bearer, Captain Johnson, who goes to Paris to prosecute the claim of Mr. Dunlap, an Alexandria merchant, against France.

   Letterbook copy (DNA: RG 59, IM, vol. 6). 1 p.


Title: From James Madison to Charles Willing Hare, 7 June 1802
From: Madison, James
To: Hare, Charles Willing

SirDepartment of State Washington June 7th. 1802.
I have recd. your letter of May 10th. 1802. and communicated its contents to the President, as the case of Mr. Bingham has been laid before Congress and has been postponed only not discussed, it is thought not proper that the Executive, should under such circumstances, interpose any decision or instructions in relation to it. In answer to your enquiry therefore whether if a comprimise should now be effected, Mr. Bingham’s claim on the Government would be thereby impaired or destroyed, I cannot go farther than to express my belief that in the event of the case being left to the decision of the Executive, a compromise, with the guardian of Mr. Bingham’s interests with the adverse party would not be made a bar to any claim against the United States which would otherwise be admitted. I am respectfully &ca.
James Madison

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

   Letter not found.

   Hare and Robert Gilmor were agents for William Bingham in the case of the Danish brig Hope (see JM to Levi Lincoln, 13 June 1801, and Lincoln to JM, 21 Jan. 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:310–11 and n. 1, 2:416). The memorial asking for relief in the judgment against Bingham was introduced in the House of Representatives on 10 Feb. 1802 and referred to the Committee of Claims. On 3 Apr. the committee postponed consideration of the petition until the next session (Journal of the U.S. House of Representatives, 7th Cong., 1st sess., pp. 221, 222, 418).