Title: To James Madison from Elias Boudinot, 6 August 1802
From: Boudinot, Elias
To: Madison, James

Sir
Mint of the United States Philad. 6th. August 1802
I am sorry to inform the President of the United States through you, that a malignant fever now spreading through this City leaves the Mint little hope of keeping the workmen of the Mint many days longer. It being within about 500 yards of the Mint has greatly alarmed us. Indeed, such is the state of men’s minds on the occasion, that I think it neither advantageous nor safe to keep the Mint open, unless the disorder should suddenly disappear. My present expectations are, that all the public offices will remove the next week.
As it is proper the President should know all our movements, I enclose a rough copy of the Orders I shall issue in case my fears are verified, that if any alteration should be agreeable to Government, it may be made. There is a very large sum in both Gold & Silver in the Mint, that cannot be worked up under four or five weeks. I have the honor to be with great respect Sir, Your very humble servant
(signed)   Elias Boudinot D. M.

   Letterbook copy (DNA: RG 104, Letters Sent by Director of Mint, vol. 1); letterbook copy (DNA: RG 104, Domestic Letters and Statements of Mint).

   The “malignant fever” was probably the yellow fever, which had struck Philadelphia repeatedly in the 1790s. In 1802 the death toll reached almost three hundred (Rowe, Thomas McKean, p. 332).

   Boudinot’s proposed orders have not been found. In a letter of 9 Aug. 1802 (DNA: RG 59, DL, vol. 14), Daniel Brent informed Boudinot that JM and Jefferson were absent from the capital but that Albert Gallatin “approves of the arrangement you propose.” Brent added that he would forward Boudinot’s letter and enclosure to JM, “but before his answer can well be received, I very much fear, from present appearances, you will have found it necessary to take a definitive step, & to abandon the City.”


Title: To James Madison from Thomas Jefferson, 6 August 1802
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Aug. 6. 1802.
I now return you the letters of mr. Pichon, and of Jones; also those of Van Polanen & Thos. Sumter. The letter to be written to Van Polanen should be so friendly as to remove all doubt from the Batavian government that our suppression of that mission proceeds from any other motive than of domestic arrangement & e[c]onomy. I inclose you a draught of a letter to the emperor of Morocco, which make what it should be and send to your office to be written over the blank I have signed. A letter from mr. Short, dated Norfolk July 29. gives me reason to expect him here hourly. Present my respects to the ladies, & accept assurance⟨s⟩ of my constant & affectionate esteem & respect.
Th: Jefferson

   RC (DNA: RG 59, ML); FC and FC of enclosure (DLC: Jefferson Papers). FC of enclosure (1 p.) is a letterpress copy of Jefferson’s draft letter to the emperor of Morocco. The copy sent to JM with the signed blank paper has not been found. The letter was never sent.


Title: To James Madison from James Leander Cathcart, 6 August 1802 (Abstract)
From: Cathcart, James Leander
To: Madison, James

6 August 1802, Leghorn. No. 10. Has received circulars from Gibraltar announcing the Moroccan declaration of war against the U.S. “By my Circular of the 11th. of Septr. 1801 copy’s of which were forwarded to the Department of State and to Comodore Dale I foresaw this event, & I hope I will not be thought presumptuous should I assert that it might have been prevented.” Encloses Simpson’s answer to the circular [not found]. “The above event is the more distressing as it may influence the other Barbary States to follow the example & it divides our force in such a manner that nothing decisive can be done at Tripoli this year”; but Moroccan forces are “so contemptible” that if American merchant ships would arm and sail in convoy there would be “little to fear.” Encloses a circular from Eaton reporting that the captured brig Franklin had arrived at Bizerte and the vessel and cargo were put up for sale at Tunis; “no doubt the crew will be march’d overland to Tripoli.” Has informed Eaton of his opinion as stated in his dispatch no. 9. “I hope it may induce him to redeem our Citizens even at an exorbitant ransom if practicable on any terms which to me seems doubtfull.” The Boston arrived at Leghorn 27 July and sailed for the U.S. on 30 July. Refers JM to Captain McNeill “for intelligence relative to our opperations before Tripoli.”

   RC (DNA: RG 59, CD, Tripoli, vol. 2); enclosure (DNA: RG 59, CD, Tunis, vol. 2, pt. 1). RC 2 pp. For surviving enclosure, see n. 2.

   Cathcart’s circular letter of 11 Sept. 1801 informed U.S. consuls in the Mediterranean that the pasha of Tripoli had sent an ambassador to the emperor of Morocco to curry favor with and procure provisions from the latter (see Cathcart to JM, 27 Sept. 1801, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:141 and n.).

   Eaton’s circular letter of 7 July 1802 (2 pp.; docketed by Cathcart as received 28 July) also relayed a report that five Tripolitan corsairs were at sea and advised that American vessels be prevented from sailing without convoy; Cathcart added a note stating that Eaton’s circular “as well as several others anterier to this … produced no effect whatever, three Americans saild after we had recd. intelligence of the capture of the Franklin two unarm’d entirely & one mounting four guns” (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)., 2:194).

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


Title: To James Madison from William Eaton, 7 August 1802
From: Eaton, William
To: Madison, James

Sir,
Tunis 7th. Aug. 1802.
Since closing my dispatches of day before yesterday I have received official information of the hostile menaces of the Emperor of Morocco, and of Commodore Morris being detained in that quarter to wait the result. In consequence of this intelligence I have written to Mahamet Bashaw and Consul Pulis, inclosures 1. & 2. It is now become, in my view of our actual situation, more important than ever to retain, if possible, this Bashaw in our interest; because if the project with him succeed, it will defeat at once those of his Brother and the Emperor. It was an unlucky circumstance that our good friends the English set the Tripoline equipages of the ship and brig at Gibr. on the Morocco coast. Not less so that they gave convoy to the escape of Morad Rais. Have we still in America any body who believes in English Magnanimity!
Inclosures 3. & 4. require no explication.
Last spring this Bey peremptorily demanded my passports for his merchant vessels to Tripoli. I as peremptorily refused. He ordered me to quit the regency in the first American ship which should appear. I came to the right about; and, returning to my office, forbade my secretary filling any more passports for cruisers. The Bey’s commercial Agent soon appeared at the Amn. house; and begged, in God’s name, that I would retract from this resolution. I answered, the Bey had chosen his position. I had taken mine; which I should hold so long as he persisted in his. This produced a message from the Bey for me to appear at Bardo. I went. An amnesty was agreed on. And a discussion entered upon on the relative advantages and disadvantages of peace and war. The minister acknowledged their inferiority of fighting our ships of war—But, added, “you cannot do us any hurt. We will lay up our large ships and send out our small cruisers to distress your commerce. A fly in a man’s throat, said he, though it will not kill him, will make him vomit. But, continued he, it is not our object to provoke a war by sending you away: we only want a Consul of more accommodating disposition—more friendly to the Barbary interests.” That is to say, who will yield implicitly to all their demands and receive gratuities in return.
When the Bey’s demand for a sloop of war was in discussion, the winter after my arrival here; and when menace had failed, he sent a renegade to me with a tiskery, permit, to ship a thousand caffices (14,000 bushls.) of wheat. As tiskeries then sold this was worth little less than ten thousand dollars. I had occasion for it, and indeed, had asked for it on the terms of other purchasers. On receiving it I asked the messenger the price? He said, his master sent it as an expression of friendship! I returned it into his hands, with a compliment of twelve dollars for his trouble, and told him to say to his Master that, We did not do business in that way. Consequence, the Bey refused me the tiskery for payment. This circumstance produced the observation, I conjecture, at Bardo last summer, when it was proposed to offer me a consideration for passports to Tripoli, that The English and Americans never took bribes. The postures I have taken and held here, since the war, have kept me in continual perplexity and embarassment. Why? I have been badly supported—or rather not supported at all. It is to be hoped this will not always be the case. National Honor, interest, economy dictate otherwise. Gentlemen late in command say I am too fast. Capn. Murray likewise. Perhaps it is because they are too slow. A decisive blow must be struck here. The interests, as the habits, of these States are the same. And, notwithstanding any friendly professions they may utter while a douceur still rests unliquidated on their tongue, they will ultimately drop the mask, except restrained by an impression of fear. It cannot but occur, that the issue of this war will serve as precedent for ages. I am a too well wisher to present administration, apart the interests of my country, not to hope that it will be honorable. This is an expression which modesty, perhaps, should cherish and conceal. But it is presumed my tedious communications are not for the criticism of the world. Besides, I am happy to learn that the term Republican is no longer opprobrious in our country. I have the honor to remain with perfect respect Sir, your Mo. Obed Servt
William Eaton

   RC and enclosures (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC docketed by Brent.

   In his letter to Hamet Qaramanli, 6 Aug. 1802 (2 pp.; printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:227), Eaton acknowledged the pasha’s 16 July letter and informed him that Joseph Pulis would give him $2,000 to tide him over until the arrival of Commodore Morris and the execution of the planned attack on Tripoli. Eaton urged the pasha to be patient and “remember that your brother thirsts for your blood.” Eaton’s letter to Pulis, 6 Aug. 1802 (1 p.), requested him to make the money available to Hamet on condition that he remain in Malta.

   Eaton’s enclosures 3 and 4 were probably the copies, filed with the RC, of his letter to Danish consul Holck, 5 Aug. 1802 (1 p.), requesting the latter to “take charge of this office and the affairs of the United States” with Tunis in case of Eaton’s death or absence, and Holck’s affirmative reply of 6 Aug. 1802 (1 p.).

   In the letterbook copy, Eaton interlined here: “we are willing to maintain the peace with you on the footing of other small christian nations.”

   In the letterbook copy, Eaton wrote in the margin opposite this sentence: “See P. S. to letter of Feb. 1. 1803.”

   Eaton placed an asterisk here in the letterbook copy and wrote at the bottom of the page: “*If a sense of national honor and interest cannot excite the energy of Govt. I will try what individual pride can effect!”

   Eaton placed an asterisk here in the letterbook copy.


Title: To James Madison from William Gibb, 7 August 1802
From: Gibb, William
To: Madison, James

Letter not found. 7 August 1802, Accomack County, Virginia. Mentioned in Brent to Gibb, 18 Aug. 1802 (DNA: RG 59, DL, vol. 14), as enclosing documents proving the citizenship of John Elliott, an American impressed seaman, as well as information on the ship to which he had been transferred. Brent assured Gibb that “no time will be lost in making the proper application for his discharge.”


Title: To James Madison from John Dawson, 8 August 1802 (Abstract)
From: Dawson, John
To: Madison, James

8 August 1802, Fredericksburg. “At the request of some of the lawyers and merchants at this place I state to you that they recieve great inconvenience for the want of some commissioners of bankruptcy, and to mention John Minor, Hugh Mercer, Benjamin Day, Stephen Winchester, and Thomas Goodwin as proper persons, shoud it be determind to appoint. I expect to leave this today & will thank you to direct your answer to Colo: F. Brooke.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Mercer”). 1 p.; docketed by Jefferson.


Title: To James Madison from Robert W. Fox, 8 August 1802 (Abstract)
From: Fox, Robert W.
To: Madison, James

8 August 1802, Falmouth. Encloses a list of American vessels that arrived in his district between 1 Jan. and 30 June 1802; “many more have touched off this port for orders and immediately proceeded on their Voyage whose names I could not procure.” Price of wheat in France has fallen. “On hearing of the Barbary Powers being hostile towards the Ships of the United States, I immediately communicated the intelligence as far as I could.” Trade in Great Britain “continues at a low ebb.”

   RC (DNA: RG 59, CD, Falmouth, 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 Fulwar Skipwith and Others, 8 August 1802 (Abstract)
From: Skipwith, Fulwar
To: Madison, James

8 August 1802, Paris. “Mr. Dobell lately appointed by the President, to the Commercial Agency of Havre, has declined accepting that Office.” Recommends John Lyle of New Jersey, “one of our best Republicans, an excellent Citizen, a Gentleman of very amiable mind, and as a Merchant, completely calculated to discharge the duties of the Office he now solicits with advantage to the Public.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Lyle”). 2 pp. Signed by Skipwith, Joel Barlow, and Thomas Melville. While Dobell had accepted the position of commercial agent in his letter to JM of 5 Oct. 1801 (DNA: RG 59, CD, Havre, vol. 1) and had announced his acceptance of the post to his friends, he never took up his duties in Le Havre (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:296; JM to William Jones, 28 Feb. 1803 [offered for sale in Parke-Bernet Catalogue No. 2297, 13 Oct. 1964, item 26]).

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


Title: To James Madison from William Eaton, 9 August 1802 (Abstract)
From: Eaton, William
To: Madison, James

9 August 1802, Tunis. Encloses copies of letters from chargé d’affaires at Tripoli and Captain Morris. These letters “serve to corroborate an opinion I have steadily entertained, and repeatedly stated to our commanders, of the necessity of having small vessels of war off and on this coast.” Points out that “there is no article in our treaty with this Bey which prohibits the sale of enemy prizes in his ports” and suggests that this could be advantageous “because it induces an idea of Security to the Tripoline Cruisers with prizes coming in here. The bay of Tunis is peculiarly favorable for intercepting these cruisers passing and repassing.” Has had no communication from any U.S. commander since the Constellation sailed from Tunis on 3 June. “And Captain McNiell being ordered home without touching here seems to me something extraordinary. Whatever may be Cap. Murray’s opinion of my measures, he ought not to sacrifice the interest of service to individual resentments. Government may as well send out quaker meeting-houses to float about this sea as frigates with Murrays in command.… Have we but one Truxton, and one Sterret in the United States?” Reports that “the arab camp called to the defence of Tripoli has undoubtedly been collected to defeat the project of Mahamet Bashaw.… If so, this amounts to unequivocal evidence of the influence that measure might have had in the war with Tripoli, if pushed to effect.” Has not informed Nissen of the project; “he appears totally uninformed of it.” The regency of Tunis is making new demands on the U.S., “among them the original demand of a vessel of war.” Will “yield no concessions.” Regrets that “our ships of war do not oftner show themselves here. The vicinity of this Regency to Tripoli, and their mutual commercial interests cannot leave the events of the war indifferent to the former.” Observes that he has received no advice from the U.S. since October 1801.

   RC and enclosures (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH); Tr (NN: Cathcart Papers). RC 2 pp. Both RC and Tr marked duplicate. Extract from 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)., 2:229.

   Nissen’s letter of 27 July 1802 (3 pp.; docketed by Wagner) informed Eaton of the release of five of the eight crewmen of the captured brig Franklin and of the imminent departure of three or four Tripolitan galleys. He advised that if the pasha of Tripoli persisted in his refusal to exchange the remaining American prisoners according to an agreement made with Commodore Dale the previous year, Commodore Morris ought to inform the pasha that he could not negotiate for peace “or pay any further attention to what the Bashaw might promise when he thinks so little of a former engagement.… The Bashaw, desirous of a peace, will comply.” Nissen added that Tripoli was “entirely surrounded by Camps of Arabs, all the different tribes that acknowledge the authority of the Bashaw are here”; and the grain harvest was so good as to make the blockade not “of much service.” For another copy of this letter, see ibid., 2:212–13.

   Andrew Morris’s letter to Eaton of 28 July 1802 (2 pp.) described the Tripolitan galleys and their methods of operation and suggested the means by which the U.S. could prevent the capture of merchant vessels like his own. For another copy of this letter, see ibid., 2:214–15.

   Eaton placed an asterisk here in the letterbook copy and wrote at the bottom of the page: “*In all my communications there is not a more accurate remark than this. The Bey of Tunis would join Tripoli immediately if he had no apprehensions of loosing rather than wining by the game!”

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


Title: To James Madison from John Morton, 9 August 1802 (Abstract)
From: Morton, John
To: Madison, James

9 August 1802, Newport, Rhode Island. Reports his arrival in the U.S., having departed from Havana on 15 July. As he informed JM in his letter of 24 May, he left Vincent Gray provisionally charged with U.S. affairs in Cuba; encloses a copy of his letter of instructions. States his opinion that “the residence of a public Agent (if it should continue to be desired by my Government) would in future be more readily effected thro’ a person already established there, than by one going from the U;States newly clothed with such authority.” Although American concerns in Cuba have nearly ceased, the residence of a public officer there might still be useful. Encloses a third proclamation of the Cuban government, published 4 July, on the residence of strangers. Only one instance involving the enforcement of the former decree of May 1802 required his intervention. The term of limitation expired on 12 June; Robert Read arrived on 14 June; on 15 June Read presented JM’s 7 Apr. letter to Morton; and on 16 June Read was ordered to leave the island within a few hours. On Morton’s application to the governor, Read was granted permission to remain. Notes that the enclosed decree will be fully enforced. In the enumeration of foreigners required by the decree, “it was discovered how small was the proportion of American to that of other foreign residents.” Foreigners were ordered to appear before the assessor general (who is also the lieutenant governor) and receive permission for further residence; “in the distribution of those indulgencies there appeared, so far as I could learn, no exercise of partiality or favor to those of one, more than of another nation.” In his conferences with the governor, the latter claimed to have “no discretionary powers whatever,” as the decrees were dictated by the court at Madrid. Reports that a large number of merchants and planters had petitioned the court for trade to be continued in a few American articles and in the exportation of molasses, but no answer had been received. “The partial admission of our Vessels, since the Peace, as effected mostly thro’ corruptive influence with the Intendant,… occasioned a formal Impeachment of that Officer by the Governor & Council; the result of which was not fully known on my departure.” Observes that “in all those wavering and distracting opinions, & Contentions, among the Heads of Departments, the American Trader has been subjected to variable & frequently unjust & rigorous measures; and the Island left to suffer under the most pressing wants.”

   RC and enclosures (DNA: RG 59, CD, Havana, vol. 1). RC 9 pp.; docketed by Brent as received 16 Aug. For enclosures, see nn. 1 and 2.

   In his 15 July letter to Vincent Gray (2 pp.), Morton formally named Gray to be provisional commercial agent of the U.S. for Havana, referred him to the State Department instructions for guidance, and charged him with the care of the records of the office.

   The enclosed printed proclamation, dated 1 July (1 p.; in Spanish, with Morton’s translation written in lower margin and on verso), announced that foreigners should present themselves to the assessor general for examination eight days after publication of the proclamation, on penalty of a fifty-ducat fine.

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


Title: To James Madison from Alexander Moultrie, 9 August 1802
From: Moultrie, Alexander
To: Madison, James

Letter not found. 9 August 1802, Charleston, South Carolina. Mentioned in Brent to Moultrie, 21 Aug. 1802 (DNA: RG 59, DL, vol. 14). Brent promised to forward Moultrie’s letter to JM at Montpelier, and “in the mean time I will take the liberty of communicating it to the Secretary of the Treasury, who is, as well as the Secretary of State, a Commissioner on the part of the United States, with regard to the lands in question.”


Title: To James Madison from Robert R. Livingston, 10 August 1802
From: Livingston, Robert R.
To: Madison, James

No 1⟨9⟩
Dear Sir,
Paris 10 August 1802
On the 15 Thermidor when the Ministers had a public audience the Senate were ⟨announced⟩—they entered the ⟨circle with⟩ their President Barthelemi at their head. He presented the decree declaring Bonaparte Consul for life as the result of the vote and made an address in writing upon the occasion which was answered by the first Consul from a paper he held in his hand so that it appears the moment had been concerted in order to render the act public both are contain⟨ed in the⟩ enclosed Moniteurs—two days after was published the new french constitution also enclosed. But what is a little extraordinary this is not considered as a new constitution (tho it alters every tittle of the old but the names of the constituted authorities) but merely as an explanation or exposition of it. It is evident that ⟨this constitution must form⟩ the basis of a violent aristocracy whenever the executive power shall fall into less energetic or less popular hands than those by which it is now administered. The power of the senate is unlimited & undefined. The two Consuls (who have in fact no real place in the constitution) together with the Corps of honor will naturally combine to perpetuate their rule & to render the first consul a mere doge. The measure is not popular but it will meet with no opposition nor would it in the present disposition of the people if it had created the most absolute despotism. Our own affairs have advanced but little since the whole attention of those in power are turned to objects nearer home. I have had several conferences on the subject of Louisiana—but can get nothing more from them than I have already communicated. I have thought it best by conversation and by writing to pave the way prior to any direct application till I know better to what object to point. For this purpose I have written the enclosed essay which I have had translated and struck off 20 copies. I have just got them finished. I have placed some of them in such hands as I think will best serve our purposes. Taleyrand has promissed to give it an attentive perusal after which when I find how it works I will come forward with some proposition. I am very much however at a loss as to what terms you would consider it as allowable to offer if they can be brought to a sale of the Floridas either with or without New Orleans—which last place will be of little consequence if we possess the Floridas because a much better passage may be formed on the east side of the river. I may perhaps carry my estimate of them too high but when I consider first the expense it will save us in guards and garrisons, the risk of war, the value of duties and what may be raised by the sale of lands I should think them a cheap purchase at twenty millions of dollars. I trust however that you will give me some directions on this head & not leave the responsibility of offering too much or too little entirely at my door. I speak in all this business as If the Affair of the Floridas was arranged with Spain which I believe is not yet the case. But I took occasion to touch on the subject three days ago with the Spanish embassador ⟨with⟩ whom I was dining & think he appeared to have somewhat relaxed on that ground but would say nothing decisive nor were the time and place proper to press him. Such is the power of this Nation over her neighbors that if she chuses to give her own construction to the treaty they must submit. Mr. Paterson and Mr. Vail are both here—the first considering the claims of Mr. Vail as best founded is willing to withdraw in his favor—in hopes that the President will consider him in the appointment to one of the places now vacant in addition to those I have mentioned is Hâvre by the resignation of Mr. Doble who has not been there these six months residing as I believe at Bour⟨deaux—this⟩ appointment would be very acceptable to Mr. Paterson. Enclosed however is a recommendation of Mr. Lyle for that place. I have told him that I would transmit the letter but that I believed if the President had made no other provision for Mr. Paterson that as he resigned from public Motives he would merit a preference. Mr. Lyle bears a fair character but has been unfortunate in commerce his house has failed, the president will judge what weight ought to be given to this circumstance. Mr. King is I believe at present in Holland from letters I have lately recieved from him he proposes to pay Paris a visit in his route. My postage bill will I fear appear very extravagant but this can not be avoided as it arises from two causes quite out of my power to correct. The first is that every american having a correspondent at Paris sends his letters under cover to me and that too frequently a mere blank cover so that I know not whence the letters come. Others having accounts or ship claims &c. send them to me and request me to be their Agent or to appoint one for them. These too often come in duplicates each of which some times amounts to 30 livres & often even more for postage as they are marked Colonies & charged on that account with a double postage—it is impossible for me to open accounts with all these persons for trifling sums & they accordingly are paid by my Porter & enter into my postage bill. Perhaps on the whole—though these are private concerns yet they are so far interesting to the public as to justify this trifling expense which I see no way of avoiding. It will however be proper to direct all packages of Newspapers and pamphlets to be so put up as to shew what they are—for want of this I have paid 10 dollars postage upon a single set of Newspapers. I have the honor to be dear Sir with Much esteem your Mt. Hle. St

   RC (NHi: Livingston Papers); draft (ibid.); letterbook copy (NHi: Livingston Papers, vol. 1). The RC is a letterpress copy marked “duplicate,” in a clerk’s hand, unsigned; docketed by Brent. Unless otherwise noted, italicized words are those encoded by Livingston’s secretary and decoded here by the editors. RC decoded interlinearly in an unidentified hand. Words and parts of words in angle brackets are obscured by folds in the RC and have been supplied from the letterbook copy. For enclosures, see nn. 3 and 5.

   François Barthélemy (1750–1830), diplomat, former director, and exile, had been welcomed back to France by Napoleon and made a senator (Biographie universelle [1843–65 ed.], 3:182–87). His address as president of the delegation that offered Napoleon the first consulship for life was printed, with Napoleon’s reply, in the Paris Moniteur universel, 16 Thermidor an X (5 Aug. 1802).

   The new French constitution—Constitution de l’an X—was published in the Moniteur twice, on 17 and 18 Thermidor an X (6 and 7 Aug. 1802).

   Livingston apparently sent JM an English version of his essay, a copy of which is printed, with an extract from his dispatch, in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:520–24. Livingston’s thirty-three-page draft (NHi: Livingston Papers) varies somewhat in wording. The essay examined the question, “Whether it will be advantageous to France to take possession of Louisiana?” Livingston argued that due to France’s economic state—its lack of both surplus population and capital—Louisiana would prove a drain on its resources rather than an economic benefit. The colony’s enterprises would require a heavy investment that would take years to turn a profit. Even then, its products duplicated those of the islands of the West Indies, so that increased production would only lower prices. Nor would Louisiana provide much of a market for French manufactures. Western demands were few and simple, and French goods were too expensive for western purses. Besides, traffic on the Mississippi River ran north to south, not the reverse. Politically, Livingston went on, the proximity of a French possession to the U.S. would create friction and disputes that would only drive the Americans into the arms of the British. He closed with the argument that it was in the best interest of the French to cede New Orleans to the U.S.

   Peter Dobell.

   The letter recommending John Lyle may have been that of Fulwar Skipwith and others to JM, 8 Aug. 1802. Lyle was the bearer of this dispatch (see Livingston’s “Journal of correspondence with the Secretary of State” [NHi: Livingston Papers, vol. 7]; Livingston to JM, 19 Aug. 1802).

   Underlined in RC.


Title: To James Madison from Samuel Fulton, 10 August 1802 (Abstract)
From: Fulton, Samuel
To: Madison, James

10 August 1802, New Orleans. Has written to JM “from Diffrent quarters of The world” offering his services to the U.S. “I presume it has been my peculiar Situation of being tosd. from one Country to another that has prevented me from receiveing any answer. I am now in this Country for a few months. Should my Request have been rejected by the President and the French get possession of this Country I must Reclaime a Continuance of my imploy.… I Should much Reather Serve my native Country than any other. Probably in the Mobille Country I might be more Usefully imployd. than almost any person from having Lived in it for a Considerable time & haveing had much intercourse with the Creek Indians During the Time of McGillvery.” His last letter was sent by Tobias Lear, “who promised me to Speak to you particularly on the Subject.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Fulton”). 2 pp. Cover marked, “Honod. by Col. Gaither.”

   No earlier letters from Fulton to JM have been found.


Title: To James Madison from William Jarvis, 10 August 1802 (Abstract)
From: Jarvis, William
To: Madison, James

10 August 1802, Lisbon. No. 2. Forwards a duplicate of his last dispatch of 3 Aug. and part of the accompanying documents. Mentions that an American ship which arrived after a twelve-day voyage from Cadiz spotted nothing suspicious. “A letter from a private House in Cadiz” informed him that the emperor of Morocco had suspended hostilities against the U.S. for six months. “Another private letter dated the 5 Inst from the same place mentions that the 22 gun ship from Larach had saild, but is silent as to the foregoing report.” Describes his audience on 8 Aug. with the Portuguese minister, who “received me with politeness.” In a conversation about the quarantine, “I inform’d his Excellency of the Regulations that had been adopted at home, which would prevent Foreign Nations from being in any sort of danger from our Vessels; for if any disorder existed even of a suspicious nature it would be inserted in the Bills of Health of all Vessels comeing from such place.” Reports that a misunderstanding has taken place between the Portuguese court and the French ambassador General Lannes; “it is said to have arisen from the refusal of the Intendant of Police who is also Comptroller of the Customhouse to let the Genl.’s effects come on shore before the Vessel in which they came was entered, when he first came here, & the like difficulty has in one or two instances taken place since.” After the ambassador’s demand for the intendant’s dismissal was refused, he suspended all communication with the Portuguese government and determined to quit the country. “It is hinted by some that he has taken this measure in hopes to force the Court to acquiesce in his demands & that it is not his real intentions to go farther than the borders of the Kingdom.” Adds in a postscript of 11 Aug. that “the Ambassador absolutely left here yesterday without takeing leave at Court.”

   RC (DNA: RG 59, CD, Lisbon, vol. 1). 7 pp.; docketed by Brent.

   Jean Lannes, duc de Montebello (1769–1809), began his military career as a volunteer in 1792, rose to brigadier general in 1797, and was named marshal of the empire in 1804. He was appointed minister to Portugal in November 1801 and served in that post until 1804, achieving some success in increasing French influence in that traditionally pro-British country (Chandler, Napoleon’s Marshals, pp. 192–202).

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


Title: To James Madison from Rufus King, 10 August 1802 (Abstract)
From: King, Rufus
To: Madison, James

10 August 1802, London. No. 75. Reports on a conference with Lord Hawkesbury on trade and navigation in the West Indies and the Maryland bank stock. Hawkesbury said that measures would be taken to transfer the bank stock to the Crown. Although he indicated that there were other claims besides Maryland’s, Hawkesbury seemed to think that after the stock was transferred “there would be no Difficulty of importance in the way of a satisfactory Settlement.” King tried, “without success, to obtain from him an explicit Engagement that the Stock should be transferred to me, after its Transfer to the Crown.” On West Indian—American trade, the minister made no commitment owing to the “unsettled as well as uncertain Condition of the West India Colonies” and the region in general. King argued that “on account of our just claim to an equal participation” in the West Indies trade, no decision meant a return to the old “unequal and injurious” system, the result of which would be passage by the U.S. of anti-British trade regulations. “These Countervailing Regulations would prove mutually … inconvenient” and might “disturb the harmonious and beneficial intercourse” between the two nations. Hawkesbury repeated that no decision could yet be made because of the “pressure of affairs of greater Interest.” King observed that although the question might not appear important to the British, it had excited “a lively Interest” in the U.S., and it would afford him “some satisfaction” were it to be settled, along with that of the Maryland bank stock, before his departure next spring. Hawkesbury vaguely assured him there should be no reason to delay decisions beyond that time. Hawkesbury also indicated that the French expedition to Louisiana would proceed and that France was preparing another against Algiers with the active support of Spain. King assured Hawkesbury that before his departure for the Continent he would introduce Christopher Gore, who would act as chargé d’affaires during his absence.

   RC and enclosures (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55); partial Tr (MdAA: Blue Book 2). RC 7 pp.; in a clerk’s hand, signed by King; docketed by Brent. Printed in King, Life and Correspondence of Rufus King, 4:156–59. Enclosures are copies of King’s 30 July 1802 request to Hawkesbury.for a conference before his departure (1 p.), and Hawkesbury’s assent, 2 Aug. 1802 (1 p.) (both printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:501).


Title: To James Madison from William Kirkpatrick, 10 August 1802 (Abstract)
From: Kirkpatrick, William
To: Madison, James

10 August 1802, Málaga. Transmits duplicates of 29 June dispatch and return of U.S. shipping. Has received letters from Gibraltar indicating “that some Hopes still exist of Mr Simpson’s succeeding in arranging the actual differences, with the Emperor of Morocco.” In the meantime, “Commodore Morris remains at Gibraltar with the Frigate Adams and Schooner Enterprize.” Encloses for JM’s information a copy of a letter just received from Richard O’Brien. Admiral de Winter proceeded to Algiers on 9 Aug. to settle matters between the Batavian government and the regencies of Algiers, Tunis, and Tripoli. Swedish frigates continue to convoy Swedish and American merchantmen.

   RC (DNA: RG 59, CD, Málaga, 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 William Lee, 10 August 1802 (Abstract)
From: Lee, William
To: Madison, James

10 August 1802, Bordeaux. Reports that since his letters of 22 July and 2 Aug. another seventy-three distressed seamen “have been thrown on my hands.” “I thought proper to state this to you that you might see the necessity of instructing me on this head.” Encloses tariff of new duties.

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

   Letter not found.

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


Title: To James Madison from Mr. L’Hospital, 10 August 1802 (Abstract)
From: L’Hospital
To: Madison, James

10 August 1802, Le Havre. Transmits a number of registers, certificates, and other ship’s papers delivered to his office of ships sold at Le Havre and currently sailing under French flags: the ship James and William of Portsmouth, New Hampshire; the ship Boston Packett of Nantucket; the ship Elizabeth of New York; and the brig Reunion of Charleston. Includes also the register of the brig Felicity of Baltimore, “cast away in last Dber. on this coast.” Requests JM to give orders to cancel the bonds of the aforesaid ships.

   RC (DNA: RG 59, CD, Havre, vol. 1). 2 pp. L’Hospital signed as “Chancelor of the commal. agency of the United States” for Peter Dobell, the U.S. commercial agent at Le Havre.

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


Title: To James Madison from Josef Yznardy, 10 August 1802 (Abstract)
From: Yznardy, Josef
To: Madison, James

10 August 1802, Cadiz. Informs JM of his safe arrival at Cadiz and his plan “to proceed to Madrid when I shall re[e]stablish myself of my health.” Encloses “Copies of what has passed since my arrival regarding the embarasmts. of our Vessels, in consequence of the troubles with the Moors.” Little or nothing will be done in foreign affairs at the court of Madrid for the next six months owing to the royal wedding. “It is for certain the ceading over to the French the Louisian⟨na⟩ and New Orleans; a large Convoy with French Troops on board has left this last week for some secret Expedition in the West Inds., but I think they are gone for the Louisianna,… as I do not see any other object in view.”

   RC (DNA: RG 59, CD, Cadiz, vol. 1). 3 pp.; in a clerk’s hand, signed by Yznardy. Docketed by Brent. Enclosures not found, but see Yznardy to JM, 13 Aug. 1802, and n. 1.

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


Title: From James Madison to Thomas Jefferson, 11 August 1802
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Orange Aug. 11. 1802
I reached home just before dark this evening, after the most fatiguing journey I ever encountered, having made the tour I proposed over the mountains, and met with every difficulty which bad roads & bad weather could inflict. As this must be at the Court House early in the morning, I have only time to inclose you some despatches from Mr. Livingston which I recd. the night before I left Washington, and decyphered on the journey, with some others which I found here on my arrival & have but slightly run over. The inclosed patent may [be] sent with your signature to the Office without returning thro’ my hands. Your favor of the 30th. Ult: I also found here on my arrival. Yrs. with respectful attachment
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 12 Aug.

   It is more than likely that this trip was a family visit to George Steptoe and Lucy Washington’s estate, Harewood, near Charles Town, Virginia (now West Virginia). Lucy was Dolley Madison’s sister, and despite the “painful journey” Dolley described to a friend, the Madisons “spent three happy days” there (Ketcham, James Madison, p. 381; Anna Maria Thornton to Dolley Madison, 24 Aug. 1802 [ViU]).

   These were probably Robert R. Livingston to JM, 27 Mar. and 10 (two letters), 12, and 20 May 1802.

   The sole surviving record of a patent issued during this period was for Jacob Idler’s cotton press, which was patented on 24 Sept. 1802 (DNA: RG 241, Restored Patents, vol. 1).


Title: To James Madison from Elisha Fisher & Company, 11 August 1802
From: Elisha Fisher & Company
To: Madison, James

Letter not found. 11 August 1802, Philadelphia. Mentioned in Brent to Elisha Fisher & Co., 18 Aug. 1802 (DNA: RG 59, DL, vol. 14), as enclosing “two accounts against the Governor of the Indiana Territory for printing.” Brent replied that in JM’s absence he had sent the documents to the Treasury Department for settlement “but they have just been sent back, with a note, of which I subjoin a copy”; he returned “the account in question, that you may if you think proper, procure the necessary assignments, to entitle you to the benefits of them.” Brent wrote to the company again on 9 Oct. 1802 (ibid.), acknowledging a letter of 25 Sept. (not found) and stating that the amount due would be remitted by the U.S. treasurer “in the early part of next week.”


Title: To James Madison from John Cowper, 12 August 1802 (Abstract)
From: Cowper, John
To: Madison, James

12 August 1802, Norfolk. “I have taken the liberty to trouble you with the inclosed for Mr. Short—it is from a very particular friend of mine and upon an interresting subject to him and neither knew Mr. Short’s address. Knowing he will be at Washington, I was certain you would see him.”

   RC (DNA: RG 59, ML). 1 p.


Title: To James Madison from Thomas Moore, 12 August 1802 (Abstract)
From: Moore, Thomas
To: Madison, James

12 August 1802, Retreat. “Enclosed is a Certificate from the Farmers Society in this neighbourhood.”

   RC and enclosure (DLC). RC 1 p. Cover dated “Brookeville 8th mo 14th. 1802.” Docketed by Brent as received 16 Aug.

   The enclosure, dated 8 May 1802 (1 p.) and signed by Joseph Elgar, president, and Thomas Moore, secretary, certified that JM was, “in confidence of his zeal to promote Agricultural knowledge, and in testimony of esteem for his character, duly elected an Honorary Corresponding member of the Farmer’s society established at Sandy Spring in Montgomery county Maryland.”


Title: To James Madison from James Simpson, 12 August 1802 (Abstract)
From: Simpson, James
To: Madison, James

12 August 1802, Tangier. No. 48. “Original of No 47 [3 Aug. 1802] was forwarded by way of Lisbon, duplicate and triplicate under cover of Mr Gavino at Gibraltar; each accompanied by a copy of the Letter I wrote the Emperour from Tetuan. I have now the honour of encloseing with this, translation of the answer I received last night, to that Letter; by which I am concerned to find new ground taken, likely to be productive of some trouble with His Imperial Majesty.” Declares that “the pretention of frequent Embassys is totally founded in error, for no such arrangement as is pretended, was … moved or hinted at, since the period alluded to, namely 1795.” His every transaction at that time with former minister Sidi Mohamet ben Ottman is described in his dispatches to the State Department. His only letter to the minister on the subject declared “in the most positive terms” that the U.S. “would not consent to give this Country any thing whatever at stated periods.” Observes that the emperor does not ask for an immediate decision but leaves room for negotiation. Will write immediately to the minister that “no such engagement as he alledges, was at any time made on the part of the United States.” Commodore Morris wrote him that “very urgent Service required his passing up the Mediterranean,” leaving only one frigate at Gibraltar. In consequence, has decided “to close with the Emperours wish of my remaining in this Country, as thereby we are to consider Peace restored.” Hopes to receive the president’s approbation for this step. “This day I have addressed twenty two Circulars to the Consuls in Europe, advising them that Peace is again restored with the Emperour.”

   RC and enclosure (DNA: RG 59, CD, Tangier, vol. 1). RC 3 pp.; marked “duplicate”; docketed by Brent as received 16 Oct. Extracts 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)., 2:231. 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, 2:468). For enclosure, see n. 1.

   Simpson enclosed a translation, dated 12 Aug. 1802, of a 6 Aug. letter to him from Moroccan minister Sidi Mohammed ben Absalom Selawy (3 pp.), stating that the emperor “still adheres to what you stipulated” with Sidi Mohamet ben Ottman, “which is, that your Nation shall send each year one of your people … with your Present; but if it be difficult for you to come every year … you will come once in every two Years.” Selawy asserted that it was on this basis the convention and treaty with the U.S. had been signed, and “if you abide by this agreement and fulfill it, you will be as you were,… and if you do not fulfill it, youll see how you will have to settle your matters. What has happen’d to you now, has been occasioned by your own tardyness and neglect in this particular, but Our Master (whom God preserve) now forgives all that, and do you on your part as Justice directs, and God will assist 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)., 2:226–27).

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


Title: From James Madison to Roger Gerard van Polanen, 13 August 1802
From: Madison, James
To: Polanen, Roger Gerard van

Sir
Virginia Augst. 13. 1802
I have received & communicated to the President your letter of the 30th. Ulto: giving information of your appointment to another public station which terminates that which you have held near the United States.
The President receives with much satisfaction the assurance that the disposition of the Batavian Republic to cultivate friendship with the United States, will suffer no diminution from the mutual recall of their Diplomatic functionaries; and I am charged to say in return, that as the step taken in this case, on the part of the United States, had its origin altogether in considerations of domestic arrangement & œconomy, your Goverment may be equally assured of the constancy of the U. States, in their cordial dispositions towards a nation whose early & welcome proofs of good will strengthen its other titles to their confidence, their esteem & their cultivation of the friendly relations which subsist between the two countries.
I have the pleasure to add that the personal merits exemplified during your residence in the U. States, have obtained for you the sincere esteem of the President. Be persuaded, Sir, that you will carry with you not less the regards & good wishes, which I beg leave to offer you with the sentiments of great respect & consideration, with which I have the honor to be Your most Obedt. humble servt.

   Draft (DLC); letterbook copy (DNA: RG 59, DL, vol. 14).


Title: To James Madison from John Porter, Jr., 13 August 1802
From: Porter, John, Jr.
To: Madison, James

Honored Sir
Louisa County August 13th. 1802.
I Receved your letter November 25. 1801 and do take it in the most kindest part for your advice on the Subject as I am at a lost how to proced in Respect of this petition that you advised me to lay before Congress Respecting my Claim I have against the United States for Services done in the Regular War Six months as a Waggon Conductor, you will be pleased to Write me by Mr Stephin Watkins and you Will be kind a Nuph to form me a petition to lay before the house I Shall think it Very hard Should I loose that Money for Services becusse I was not able to attend to the Business and that Certificate Was handed in to Mr Dunscombs office Sixteen or Seventeen years ago if it was not Cared to the Department before the Limited time Run out it must have been Neglect of Mr Duncomb becusse it was handed in to his office in due time therefore I hope the Gentle[men] of Congress will Consider my long Confindment and will make provision for that Service to an old Soldier that has Served my Country better than fours years in the Regular War where I Ventured my life in three ingagements Jarman Town Battle Brandy Wine and Bluefords Defeat Am Dear Sir your frend & hubl sert
John Porter, Jr

   RC (DLC). Addressed to JM in Orange County, “To the Care of Mr S Watkins.”

   Letter not found.

   For Porter’s claim, see his letter to JM, 31 July 1809 (PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (2 vols. to date; Charlottesville, Va., 1984—)., 1:315 and n. 1).


Title: To James Madison from Stephen Cathalan, Jr., 13 August 1802 (Abstract)
From: Cathalan, Stephen
To: Madison, James

13 August 1802, Marseilles. His last was of 2 July. Reports arrival on 4 Aug. of the U.S. frigate Boston under Capt. Daniel McNeill, “who sailed with 4 american Merchantmen under his Protection on the 6th. ditto for Barcelona, Alicant &ca. down the Streights.” Received on the same day a packet of dispatches for JM from Cathcart, which he sent to Robert R. Livingston to be forwarded. Transmits a packet from William Eaton to JM received 12 Aug. “It is very unfortuna⟨te⟩ indeed that Capn. Andrew Morris of the Aman. Brig Franklin has been taken by the Tripolines—I have Since the beginning of the war with Tripoly prevented as much as in my power the American Masters to Venture at sea without the protection of an American or Sweed Freegate, but I was not aut[h]orized to Lay their Ships under an Embargo.… We the American Consuls or Agents in the Mediterranean, keep ourselves regularly advised of all the news or Events interesting our navigation and safety during this Barbarian War.” Sends this dispatch via William Lee at Bordeaux.

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

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


Title: From James Madison to Thomas Jefferson, 14 August 1802
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Orange Aug. 14. 1802
I red. last evening your two favors of the 9 & 13th. Before I left Washington I wrote to Simpson approving his refusal of passports in the cases required by the Emperor, and understood that the instructions from the Navy Dept. to Commodore Morris were founded on the same principle. It is to be inferred therefore that we are no longer on a footing of Amity with Morocco: and I had accordingly retained your letter, and concurred in the provisional step taken for stopping the Gun carriages. As it is possible however that things may take a more favorable turn in that quarter, I have desired Mr. Brent to forward, with the qu[i]ckest attention, whatever accounts may arrive, and also to let me know the day, as soon as it can be done, on which the General Greene is to sail. Should it be found that peace with Morocco cannot be preserved or restored without the concession demanded by him, my opinion decides that hostility is a less evil than so degrading an abandonment of the ground rightfully taken by us. As a consequence of this opinion, I concur in that which your quere intimates, that neither of the frigates in the Mediterranean in a condition to remain ought to be recalled. I should prefer if circumstances admitted, that the force there ought rather to be increased, and with the greater reason as the blunder of McNeil may endanger the footing on which we stand with Tunis. May it not be proper, as soon as authentic information of this occurrence comes to hand, that something of a healing nature should be said from the Govt. to the Bey; in addition to the explanations which will no doubt be made from the naval Commander.
The letter from Law the District Judge of Connecticut, was preceded by one to me from a Commissr. of Bankruptcy at Boston, representing the objection of Davis the D. Judge there, to proceed without such a notification as is proposed by Law. Viewing as you do the Commission itself, as the most authentic of all notifications, I did not give any answer, presuming that the scruples of the Judge would yield to further reflection. The letter from Law shall be answered to the effect which you suggest.

Among the papers now inclosed are applications from the Mechts. of Boston & Philada. for an interposition in behalf of their vessels &c detained in Spanish America. This is a delicate subject, and must be so handled as well for their interest as for the honor & dignity of the Govt. I suppose they may be told that Spain does not object to a Board for deciding on our complaints & that Mr. P. will endeavor to give it latitude eno’ for all just cases. The sending a public ship, as suggested by Fitzsimmons seems to have no national object, and to be of an injurious tendency. Yrs. with respectful attachment
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 16 Aug.

   JM to James Simpson, 27 July 1802.

   See Jefferson to JM, 9 Aug. 1802, and n. 3.

   Letter not found. John Davis (1761–1847) was a Harvard-educated lawyer who served as U.S. attorney for the district of Massachusetts, 1796–1801, and as judge of the same district from 1801 to 1841.

   JM referred to letters to him from Stephen Higginson and other Boston merchants, 23 July 1802, and from Thomas FitzSimons, 6 [Aug.?] 1802. The letters have not been found, but see JM’s replies of 6 Sept. 1802.


Title: From James Madison to Richard Law, 14 August 1802
From: Madison, James
To: Law, Richard

Sir
Virginia Aug. 14. 1802
The President has received your letter of the 29th. Ulto. He considers the proper notification of the Commissioners of Bankruptcy to be the exhibition of their commissions, as in the case of Marshals, whose appointment is no otherwise officially notified; and on this ground no collateral and inferior evidence of the appointments of the Commissioners was officially added.

   Draft (DLC); letterbook copy (DNA: RG 59, DL, vol. 14).


Title: To James Madison from Charles Pinckney, 14 August 1802
From: Pinckney, Charles
To: Madison, James

Dear Sir
August 14: 1802 In Madrid
I had the pleasure to write you some weeks agoe on the subject of your mercantile enquiries respecting Spain & to send you a Book which I hope you will recieve safe. Lest however you should not I now send you another & such information as I have been able to collect.

The Spanish Government has on every occasion shewn a great predilection in favour of her colonies & with the view of their enjoying every possible advantage in the Mother country has imposed such duties on all the productions of the West Indies by foreign Vessels as to amount to a total prohibition: during the late War as the Spanish Navigation was entirely done away certain modifications took place on the introduction of colonial produce by neutrals, but from the moment the preliminary articles of Peace were notified to the Custom houses in Spain these Privileges have subsided. The following are the duties now paid

By American or any other foreign Vessel on
By Spanish Vessels from Spanish Colonies

    cents
  cents

White Havana Sugars pr q: of 100 lb
 $5.65
$1:86:
whether white or brown

Brown      Do     pr   Do
 $5.50

Indigo pr quintl         of do
$90:60
$2

Cocoa of all Qualities pr fanega of 110 Wt
$66:55
$7.60
for Caracas

 5.75
for Guayaqil

Coffee pr quintl of 100 Wt:
$23.—
   65
cents for Coffee

Cotton pr ditto
$10.8
   4½
cents for Cotton

Such a material difference exists as to prevent American or other foreign Vessels from ever bringing Colonial Produce into Spain. However some licenses granted by Government to a few individuals for the importation of Cocoa & sugar by foreign Vessels in paying only the spanish duties are still admitted which the importers of the articles generally purchase as they require them & by that means avoid disbursing the extravagant duties demanded particularly on Cocoa. The same maxim is not adopted for what regards the productions of the United States of America for they pay exactly the same duty when imported by an American or Spanish Vessel, although it will be proper to observe that an American or any other foreign Vessel bringing to this Country articles that are not the produce of the nation such vessels belong to pay an extraordinary contribution of two per centum on the value of the goods under the denomination of “Habilitation Duty” to which those by Spanish Vessels are on no occasion subjected. It may also be necessary to remark that all the articles of Exportation from hence pay exactly the same duties when shipt by an American or Spanish Vessel, Wine alone excepted which by the former or any other foreign Vessel is subject to an exaction of $1:96 cents per quarter cask of about Thirty Gallons whilst it contributes 53 cents per said Quarter Cask when loaded on board a spanish Vessel from hence for a foreign market.
The Port Charges on foreign Vessels are very trifling and are paid equally by the Spanish. The Tonnage duty is only five cents per Ton on the quantity loaded here. None is paid on the cargo inwards. For all the information you wish to have concerning the American Vessels & duties exacted upon their cargoes I beg leave to refer you to the Book I give Mr Codman for you intitled Almanac mercantil o guia de Comerc por D D M G. There you will find the Difference of duties on goods or produce imported in Spanish or foreign Bottoms. Extra of the Duties marked in this Book are some others: to wit Internation, abilitation Consulado antiguo & moderno &c & also arbitrio temporal or consolodacion of Vales. These duties upon calculation are an overcharge of about 75 per centum upon those stated in the Almanac mercantil. Most of the privileges granted during the War being exhausted it is the general opinion that new ones will not be granted & that in future the commerce of this country with foreign nations both in Europe & America will be put on the same footing it was before the War. I inclose an Order that has been passed to the Custom houses granting certain premiums on the productions of Spain and her Colonies when shipt to a foreign port by Spanish Vessels. This is a new one & dated so late as in April 1802.
I have endeavoured to obtain as much information on this subject from Portugal as I could & I now inclose you a regulation or ordinance of that Kingdom made in October 1783 as well as the 8th: article of the Treaty with Russia. In the former the commerce of Portugal in Portuguese Vessels for certain articles has an exclusive privilege & in the latter it is confined to Russian & Portuguese who alone favour the Portuguese more than any other nation in their commerce & some advantages are to be derived, yet so little is the animation amongst the Portuguese Merchants to carry on foreign commerce in their own Bottoms, that no inconvenience has arisen to foreign Bottoms. The Tonnage Duties, Lighthouse duties & other pasport & Anchorage charges are alike to themselves as to other nations & are as follow—
Vessels that arrive & sail with the same cargo.
Tonnage—fees 440 Rs: Lights 200 Rs pr Ton—fees 2385 Reis
Passport & anchorage for every Ship that comes in & goes out—1820 rs:
Vessels that discharge & take entire cargoes out Tonnage 100 Rs pr Ton
Fees Rs: Lights 50 Rs. pr Ton—Fees 2385 Rs.
Vessels that discharge Cargoes & sail with ballast. Tonnage about 60 Rs: pr
Ton—fees 440 Rs: Lights 200 & Fees 2385 Rs:
Vessels that enter in Ballast & take out cargoes: Tonnage […] Reis pr
Ton—fees 440: Lights 50 Rs pr Ton: fees 2385.
Vessels that enter & sail with Ballast. The same as When they carry out the same cargo.

N: B: Vessels only pay Lights & Tonnage once on the same Voyage to Portugal. For example a Vessel going from Lisbon direct to Oporto by presenting a certificate of having paid the Lights in Lisbon is exempted paying at Oporto.
The Portuguese Vessels pay the same. I ⟨am⟩ endeavouring to collect all the information in my power on these subjects from Italy for y⟨ou⟩ & as soon as I recieve it you shall hear from me again. With affectionate regard I am dear sir Yours Truly
Charles Pinckney

   RC and enclosures (DNA: RG 59, DD, Spain, vol. 6). For enclosures, see nn. 4 and 5.

   A fanega is a grain measure equaling about 1.5 bushels.

   This was probably Richard Codman, a Boston merchant resident in Paris (William Stinchcombe, The XYZ Affair [Westport, Conn., 1980], pp. 85–86).

   Almanak mercantil, ó Guia de comerciantes para el año de 1801 … (Madrid, 1801). This guidebook for merchants contained, among other things, information on consulates in Spain and the Americas; weights, measures, and currency converted to those of Castille; days of arrival and departure of the mails; and a list of the duties paid on Spanish, colonial, and foreign goods on arrival at and departure from Spanish ports (Dionisio Hidalgo, Diccionario general de bibliografía Española [1862; 7 vols.; New York, 1968 reprint], 1:50).

   Pinckney enclosed a printed statement, dated 14 Apr. 1802 at Aranjuez (5 pp.; in Spanish), that included a list of commodities and merchandise, ranging from olive oil to sarsaparilla, and the premiums to be granted to Spanish ships exporting these articles.

   Pinckney enclosed a copy of a Portuguese law passed 25 Nov. 1783 (3 pp.), which stipulated that most Portuguese goods exported in Portuguese ships be subject to half the usual duties and which granted a 3 percent compensation for certain goods imported into the kingdom in Portuguese ships. He also enclosed a copy of article 8 of the 1787 treaty between Russia and Portugal (1 p.), which cut Portuguese customs duties by half on certain goods imported directly from Russia in the ships of either nation. The treaty is printed in Borges de Castro, Collecçao dos Tratados, 3:428–71.


Title: To James Madison from William Jarvis, 14 August 1802 (Abstract)
From: Jarvis, William
To: Madison, James

14 August 1802, Lisbon. Refers to his letters to JM of 10 and 13 Aug., “each incloseing Copies of letters from the several Consuls in the streights & a dispatch from Mr Simpson.” Has learned by a 10 Aug. letter from Cadiz that “the 22 gun ship from Larach had sail’d, but head winds had obliged her to put back again.” “By my last I acquainted you with the departure of Genl. Lannes from here.… The Public paper has in consequence fallen from ten ⅌ Cent to fourteen ⅌ Cent discount. It excited so much sensation that the reasons were published yesterday in a Supplement to the Official Gazette, of which the original & translation are inclosed. Since the Generals departure the French Citizens assign as the causes beside what was beforementioned, that the Portuguese Government has refused to comply with the Commercial part of the treaty in the sense the Genl. received it.… In fine they wished to put the French on the same footing with other nations. It is also said that the Genl. had reason to suspect that some new Commercial arrangements were makeing between this Govmt. & the English Minister.” The Portuguese insist that all differences have been amicably adjusted, a point which the ambassador would not acknowledge. “Not any Vessels haveing arrived from New York, I cannot say what will be done relative to the quarantine, those from other ports have been freely admitted.” Adds in a postscript that on 13 Aug. he forwarded a letter from William Willis at Barcelona.

   RC and enclosures (DNA: RG 59, CD, Lisbon, vol. 1). RC 3 pp.; docketed by Wagner.

   Jarvis’s 13 Aug. dispatch has not been found.

   Jarvis enclosed a one-paragraph newspaper clipping (in Portuguese), with an English translation in Jarvis’s hand stating that Lannes’s departure was “entirely of his own accord” and was “the more unexpected as the civilities and attentions shewn the Said Minister were repeated, in demonstration of the constant friendship, good harmony and perfect intelligence subsisting between this Monarchy and the French republic; there not existing actually any object of discussion between the two Governments which might impede their friendly intercourse.”

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


Title: To James Madison from Josef Yznardy, 14 August 1802 (Abstract)
From: Yznardy, Josef
To: Madison, James

14 August 1802, Cadiz. Reports that since his last letters of 10 and 13 Aug., he has received a packet from John Gavino for JM, “which I dont loose a moment in forwarding you, as likewise Copy of the answer from Commodore Morris which you will find herewith.”

   RC and enclosure (DNA: RG 59, CD, Cadiz, vol. 1). RC 1 p.; in a clerk’s hand, signed by Yznardy. Docketed by Brent as received 25 Oct. Enclosure is a one-page letter from Richard Morris to Yznardy, 11 Aug. 1802 (printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:230).

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


Title: To James Madison from John McAllister, 14 August 1802
From: McAllister, John
To: Madison, James

Letter not found. 14 August 1802, Jonesborough, Tennessee. Acknowledged in Brent to McAllister, 18 Aug. 1802 (DNA: RG 59, DL, vol. 14), and mentioned in Brent to Joseph Anderson, 18 Aug. 1802 (ibid.), as a letter informing JM that a commission for Thomas Stuart for the position of U.S. attorney for the district of Tennessee had been mistakenly sent to a man of that name in Jonesborough who returned it to the post office. Brent directed McAllister, the postmaster at Jonesborough, to send the letter and commission to Joseph Anderson in Jefferson County, Tennessee, who “has just been requested to deliver them to their proper address.” In his letter to Anderson, Brent requested the Tennessee senator “to cause the letter containing the Commission to be delivered to the Gentleman for whom it was intended, as we are entirely ignorant of his address at this place, and it is more than probable that it is known to you.”


Title: To James Madison from Albert Gallatin, 16 August 1802
From: Gallatin, Albert
To: Madison, James

Sir,
Treasury Department Augt. 16th: 1802
I have the honor to enclose a Letter from the Auditor in which he expresses his doubts of the legality of the Expenditures incurred for the relief of Seamen subsequent to the year 1799, beyond the allowance of twelve cents ⅌ day, established by the Act of 14th: April 1792. I have had a verbal communication on the subject, with the Comptroller of the Treasury, have carefully examined the Laws, and have no doubt whatever of the illegality of that expenditure. The Law of 14th: April 1792, is the only permanent Law authorizing any expense for the relief of Seamen abroad.
The Law of 18th: April 1798, authorized the reimbursement of the reasonable expenses, which had been made, or during that year should be made for the relief of such Seamen beyond the sum already allowed by Law (viz. by the Act of 14th: April 1792) for that purpose. The Law of 19th: Feby: 1799 authorizes the reimbursement of similar expenses which may be made during that year. From the date of the last mentioned Act, no other Law authorizing expenses for that object has been made; from whence it follows that the annual appropriations since made, can be applied only in conformity to the provisions of the permanent Law of 14th: April 1792.
It is apprehended that the Consuls have not been duly informed of that circumstance, and have thought themselves Justifiable in continuing the Expense at the same rate which had been allowed for 1798 & 1799. The consequence is that, a number of Bills drawn by them, on the Department of State, and which have been paid by your direction, ought not to have been honored, as the Accounts on which they rested cannot pass, and that in several instances balances claimed by them cannot be admitted. The only manner in which to remedy that inconvenience will be an application to Congress for a Law which, like that of 18th: April 1798, may have a retrospective effect; but, I loose no time in communicating the information, in order that the Consuls may be apprized that, hereafter, they must strictly conform to the provisions of the Law of the 14th: April 1792. This indeed is in itself reasonable, since we are restored to a state of Peace; and a general caution on the score of expense may not be improper, as I am verbally informed that the Accounts of some of them, particularly that of Mr. Lee, at Bordeaux, amount to much larger sums than could, under any possible circumstances, have been expected, or allowed. I have the honor to be, very respectfully Sir, Your Obedt. Servt.
Albert Gallatin

   RC and enclosure (DLC: Gallatin Papers). RC in a clerk’s hand, signed by Gallatin. Docketed by Brent as received the same day. Another copy of the RC (ibid.), in the same clerical hand and signed by Gallatin, is also docketed by Brent. For enclosure, see n. 1.

   Gallatin enclosed a copy of Richard Harrison’s 11 Aug. 1802 letter to him (4 pp.; docketed by Brent), in which Harrison requested “the Sentiments of the Secretary of State on the point, before any of the accounts are taken up for settlement.”

   Section 7 of “An Act concerning Consuls and Vice-Consuls” laid down the rules for the relief of U.S. seamen “in cases of shipwreck, sickness or captivity.” In addition to a per diem payment provided by the U.S. government, the act required all masters of American ships, at consular request, to transport unengaged American seamen to the U.S. in the ratio of two seamen for every “hundred tons burthen.” Refusal was punishable by a fine of $30 per seaman. Section 8 of the same act required masters of ships sold in a foreign port to provide the crew “with means sufficient for their return” (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:256–57).

   Section 1 of “An Act authorizing an expenditure, and making an appropriation for the reimbursement of monies advanced by the Consuls of the United States, in certain cases” (ibid., 1:551).

   “An Act to authorize the reimbursement of monies expended in rendering aid to sick and destitute American Seamen, in foreign countries” (ibid., 1:617).

   A circular to this effect was sent to U.S. consuls and commercial agents by Daniel Brent on 26 Aug. 1802 (ICHi).

   For the extent of Lee’s problem with U.S. seamen, see his letters to JM of 20 Jan. and 18 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—)., 2:414, 479).


Title: To James Madison from Thomas Jefferson, 16 August 1802
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Aug. 16. 1802.
I now return all the papers recieved from you by this post, except those relative to our affairs at Buenos Ayres.

Mr. Boudinot’s provisional measures for taking care of the Mint on shutting it up appear entirely proper. The 5th. alone seems imperfect, as I do not see why a positive conclusion should not have been formed as to the care of the bullion, the most important part of the charge. I presume the bank of the US. would have recieved that as well as the papers, keys &c. However it is too late to say any thing on that subject, and I have no doubt that effectual care has in the end been taken.
With respect to Commissioners of bankruptcy at Fredericksburg, you are sensible that if we were to name Commissioners over the whole face of every state in the Union, these nominations would be infinite, & 99 in 100. of them useless. To draw some line therefore was necessary. We have accordingly confined our nominations to the greater commercial towns only. I am sensible however that bankruptcies may happen in small towns and even in the country, and that some regulation should be provided to which resort may be had more conveniently than to that of referring the case to the commissioners of the large cities who may be distant. What would you think of writing a circular instruction to the district attornies of the US. to notify us when any case arises too distant for the established commrs. to take up, sending us at the same time a recommendation of proper persons to act in that case, whom, or such others as may be preferred, may be commissioned to act in that special case? He should inform the judges of this instruction so that they will apply to him to procure commissioners in any case before them. The delay of this will be trifling. Or will you propose any thing you may like better? Accept assurances of my affectionate esteem & respect.
Th: Jefferson

   RC (DLC); FC (DLC: Jefferson Papers).

   See Elias Boudinot to JM, 6 Aug. 1802, and n. 2.

   For the complaints of merchants that no commissioners of bankruptcy had been appointed for Fredericksburg, see John Dawson to JM, 8 Aug. 1802.


Title: To James Madison from Robert R. Livingston, 16 August 1802
From: Livingston, Robert R.
To: Madison, James

No. 20
Dear Sir
Paris 16th. Augt 1802
I informed you in my last that I found some relaxation on the subject of the floridas in my last conversation with the Spanish Minister I have reason to think that within this few days they have come to a settlement with France on that subject what it is I can not precisely say but I presume that it is whatever France wishes it to be. I find all the old French maps mark the river Perdigo as the boundary between Florida & Louisania it is possible that this may have been insisted upon if so the remainder was hardly worth the keeping. Whatever it is the project of taking possession has resumed a certain degree of activity Genl. Victour is appointed he is to have under him a genl. of division two genls. of brigage [sic] & 3000 men only no more than 2000000 frs. are allowed to this service so that they must starve or find resources in the country. Saturday the Genl. was all day with the minister of marine arranging the inferior appointments to be submitted to the first consul. I have been pressing for some time past with every body that I thought could have any influence on this business—And as I have been happy enough to convince most of them I do not absolutely despair tho I am much discouraged by this last arrangment. The same silence is observed by the Minister I can get him to tell me nothing. I shall see him this morning again & if I can not induce him to speak on the subject more plainly than he has done I will put in a note insisting on our claims under the Spanish treaty & demanding an explicit recognition of them. On this I believe there will be little difficulty as they have always agreed that the cession must be subject to the restrictions under which Spain held the territory.
There are obvious symtoms of ill humour between this country & Britain & I think it will not be long before they assume a serious asspect. Good may arise out of this evil if it shd. happen. The enclosed Letter from Obrien will shew you the state of our affairs with the Barbary powers. France has sent two ships & a frigate to Algiers to demand satisfaction for the insult to their fishing vessels. I believe however that the government will not chuse to enter into a war tho it is evidently much the wish of the people about court particularly the military men. A report for the discharge of our demd is before the first consul if adopted it is all I can ask & more than I hoped it is very pointed as to the justice of our claim & the national disgrace that would attend its farther neglect.
We yesterday had a grand fete in honor of the Consuls birth day & the extention of his powers—there are many discontents & there was I am told much more expression of it among the people that crowded the streets than could have been expected. I have the honr. to be Dr. Sir With the highest consideration Your Most Obt hum: Servt

   Draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1). Italicized passages are underlined in the draft; Livingston apparently intended them to be encoded.

   In the draft, Livingston first wrote “12th.” and later wrote “16” below it. The letterbook copy is dated 16 Aug., as is an extract from the missing RC printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:524.

   The commander of the French army in the Batavian Republic, Claude-Victor Perrin (known as General Victor), had been named on 27 Apr. 1802 to head the French expedition to occupy Louisiana. The force was delayed by a lack of funds, French reverses in the battle to regain control of Saint-Domingue, and North Sea ice, and it never left Holland (Tulard, Dictionnaire Napoléon, p. 1717; E. Wilson Lyon, Louisiana in French Diplomacy, 1795–1804 [Norman, Okla., 1974], pp. 129–44).

   Among the “symtoms of ill humour” that soured Anglo-French relations in the summer of 1802 were the continued British support for French émigrés, the seizure of British merchant ships by the French, and the signing of a treaty between France and the Ottoman Empire in June 1802 (Michel Poniatowski, Talleyrand et Le Consulat [Paris, 1986], pp. 700–722).

   This may have been O’Brien’s 10 July 1802 statement on the situation at Algiers, a copy of which was sent to Livingston (see O’Brien to JM, 7 July 1802, n.).

   Livingston referred to Talleyrand’s “Rapport au premier Consul de la République,” submitted to Napoleon circa 29 Floréal an X (19 May 1802) (AAE: Political Correspondence, U.S., 54:343–46).


Title: To James Madison from Thomas McKean, 16 August 1802
From: McKean, Thomas
To: Madison, James

Sir
Lancaster August 16th. 1802
As soon as I received your Letter of the 11th. of May last an enquiry into the representation of the Minister of Spain to the Department of State of an indignity offered to his Sovereign and of certain violences committed on a number of Spanish Sailors in Philadelphia was instituted but from a variety of untoward circumstances, such as the absence of the Cheif-Justice, the Attorney General, The Counsel for the Ship Carpenters, and the Sailors, upon the Circuit, it was not completed until the latter end of last Month. Indeed it was with some reluctance, these Gentlemen undertook the business, as it had been fairly and fully heard before the constituted authorities, and at the instance of the Counsel for the Sailors upon their making satisfaction to the persons injured a nolle prosequi was granted by the Attorney General.
On the whole I have good reason to beleive that the Minister of his Catholic Majesty is now persuaded no indignity to his Sovereign or wrong to his Subjects was contemplated or committed. The whole misunderstanding appears to have arisen from the zeal of the Consul General of Spain who as yet seems to be unacquainted with our Language and Laws and is but a young Officer, though advanced in years. I conceived it proper to give you this information, and have the honor to be with great regard, your most obedt. humble Servant
Thos. McKean

   Letterbook copy (PHarH: Secretary of Commonwealth Letterbooks, vol. 5).

   Valentín Tadeo Echavarri de Foronda (b. 1751), a writer on political economy and a member of the American Philosophical Society, began his term as Spanish consul general in Philadelphia in 1802 and later served as chargé d’affaires in Washington (Robert S. Smith, “A Proposal for the Barter and Sale of Spanish America in 1800,” Hispanic American Historical Review, 41 [1961]: 275–76; Yrujo to JM, 22 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—)., 2:416).


Title: To James Madison from Richard O’Brien, 16 August 1802
From: O’Brien, Richard
To: Madison, James

Esteemed Sir
Algiers The 16th. of August 1802
On the 5th. Inst. arrived here 2 french 74 Gunships a Brig and Corvetta under the orders of a rear admiral haveing on board General Hulen as Ambasador of Bonapt.
On the 6th. he demanded of the dey to renounce all money Claims on france
to admit of the free navigation of The Italian republic—
to punish with Severity 2 algerine Captains for over acts against france
That france will give no passport to any of her national Vessels whatsoever demands 3 Neopolitan Vessels Cargoes and Crews Captured by Corsrs. of Algiers on the Coast of france—Captives 45 Neopolitans.
To those demands The dey with reluctance acquised. The Algerine Corsairs 8 were under way when the french hove in Sight They returned and did not Sail untill The 14th.
On the 11th. Inst. arrived here a french Brig of war with letters in 12 days from Paris brought by an aid of Bonapts. wherein the great Consul tells the dey that he will double his Vengance on this regency if he ever hears Any more of its abuse or irritations—that he will Errace Algrs from the list of pirate nations. This was a bitter pill to the dey whom had no alternative but to Grumble and promise respect and friendship with Obedience to Bonapt.
The two Algerine Captains has been put in prison and Severely punished they would have lost their heads, but pardoned by the Ambasador.
The french is to have LeCall and their other Commercial privilages as Specifyed in the treaty made december last further Bonapart. insists on fortifying LeCall and it is further Said that The french demands to have a fortifyed factory at Bona.
On the 15th Inst. a french Brig of war with The ambasador and aid of Bonapt. left this place destined for toulon or Marseilles. The french admiral and division will leave this place this day for Tunis—Where no doubt They will Carry all before them on all tacks.
By The italian republic haveing a free Commerce The Neopolitans Genoas &c. will be able to obtain passports and Colours and will be nearly The Same thing as if all italia had a peace with Barbary.
I find That all these Circumstances is to Turn out only to The interest of france nor have I perceived anything as yet on the reform or Generl. System as Specifyed jointly in the Articles of the Genrl. peace.
The ambasador told me that hereafter Something would be done on this tack whether by the Christian powers or by their request to The Grand Signior he Could not Say.
There is as yet here 54 french of Oran and I doubt not but that they and a peace for Genoa will be The next demand.
The British has not Shown themselves Since June last They will in My Opinion neither give the dey Money or yet Change their passports—but will act as france did—& do right.
The dons has acquised to The arrangement of giveing the dey The 160 fathoms ½ that Sum is paid and The presents and greasing feese will Come with The new Expected Consul.
As the dey has failed in his attack on the french I presume he will meet the Same fate with the British—As he is now despised by his own people that he will Search for a rupture with Either The deans Swedes dutch or U States.
I hope that Mr Simpson will gain time with Morrocco. I hear of nothing of what The americans and Swedes are doing before Tripoli relative to the ransom of Capt Morris and Crew I wait with Anxiety to know what has been the result of the deys application to ransom them.
The dey is hailing in his horns relative to Tunis. If france fortifies LeCall & Bona They will drain Algiers and Tunis and do away their political existance. Sir I am respectfully Your Most Obt Servt.
Richd. OBrien
PS. The ministry has Enquired If I had no acct. of the Vessel with The annuities from The U States.
On the 19th of August The algerine Corsairs returned into port as the dey remains Suspicious of the french haveing a design to invade him further he has ordered in The out Militia &c. Haveing wrote Sundry letters This yr. of importance to The ambasador of The U S. at Paris & forwarded many through that Conveyance Under Cover & unsealed for The Secretary of State I am Sorrow to add—that they have not one been Ansd. I shall for Once Enquire if it is Beneath The dignity or Contrary to The Official duty of An American Ambasador at paris to not Ansr. The letter of A Consul of the U S. At Algiers.

[Addendum]
Algiers The 22d. of August 1802
Articles to be insisted on by The Governments of The United States Sweden and Denmark in order to reform existing abuses of The Govt. of Algiers and to extend to The Same Effect with Tunis Tripoli and Morrocco. As Viz—

1st.A Cash payment of The Stipulated Annuity which is 21600 dollars or the full Value of Stores Sent here together with a full and raisonable freight.
2dThe Biennal presents to be made in Cash to The amount of 12.000 dollars.
3dNo arbitrary employment of Vessels Coming here but full freight to be Agreed on between The regency and the Consul master and Supercargo of the Vessel and no demands for Vessels to Come here and be Sent on The regencies Errands or affairs.
4th.No reponsibility for Cargoes Shiped on board our Vessels by The regency its agents or Subjects for any part of The world.
5th.No Condemnation or Bringing in of Vessels and Cargoes On any Suposed deficiency in The pass—or other documents.
6th.No Exaction of any presents whatever on any promotion or Change of Ministers or the other officers in this regency or on any Change in our own Governments—or on the Occasion of a new dey—no presents of Any description whatsoever to be asked for or Given.
7thInstead of A Consular present—for every new Consul Comeing here The sum of 16.000 dollars to be given every 10th. year—and no detention of the Consul or his family or of Any Citizen or Subject of the Contracting parties but in Case of hostilities 6 months is to be allowed before the declaration of the Same—or any Capture to be made—

with Such other reforms That our respective Governments may think proper to insist on. The three nations to make The Above A Common Cause and be responsable one for all and all for one and to Consider what would be The requisite force to furnish Each of The three Contracting parties & in what manner most Effectual to Employ Said force to obtain & Sustain The desired Effect. Sir I am respectfully Your Most Obt Servt.
Richard OBrien
Here is The Squadron of admirl. de Winter he has gave the dey 200 Barrels of powder as a present.

   RC and addendum (DNA: RG 59, CD, Algiers, vol. 6). RC and addendum sent in multiple copies (ibid.), all of which vary in wording and content; “6th. Copy” of RC docketed by Wagner as received 17 May. Two copies were sent under cover to Livingston at Paris. One copy of the addendum is docketed by Wagner, “Mr. OBrien’s proposals for amending the treaty with Algiers.”

   Danes.


Title: To James Madison from Samuel Marsh, 16 August 1802
From: Marsh, Samuel
To: Madison, James

Letter not found. 16 August 1802, Norfolk. Mentioned in Brent to Marsh, 21 Aug. 1802 (DNA: RG 59, DL, vol. 14), in which Brent promised to forward the letter to JM and noted, “it does not appear that any further step is requisite on your part as agent of Mr. Blanchard, with respect to the Commission in question.”


Title: To James Madison from Thomas Jefferson, 17 August 1802
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Aug. 17. 1802.
I now return you the papers forwarded by the merchants of Philadelphia and Boston on the subject of the wrongs they complain of at Buenos Ayres. I observe that they have not gone into a developement of the subject. Two or three cases are opened with some degree of detail; as to the rest we have only a list of the ships for which our interference is claimed. But in cases where a hair’s breadth of difference makes the thing right or wrong, full details are requisite. I think we ought to be informed what was the extent and what was to constitute the termination of the indulgences granted to Neutrals under which these vessels have ventured there: as also the specific circumstances under which every vessel went. Spain had a right, according to the practice established, to give to those indulgences what duration she thought proper, only not withdrawing them so suddenly and on such short notice as to make the indulgence a trap to catch our vessels. Reasonable time should be allowed them to settle their affairs. On this last ground only can we urge any claim against Spain. We should therefore have a precise statement of the case of every vessel, and strike off from the list all those which cannot be brought within the limits of the indulgences, urging, under the authority of the government, only such cases as are founded in right. There seems to have been a great breach of faith by individuals, Spanish subjects: for these their courts should be open to us: or perhaps these cases could be got before the Commrs. proposed by mr. Pinckney in the Algesiras depredations. I hazard these reflections that you may consider whether a detailed statement of cases should not be called for from the merchants, lest we should be committing ourselves in behalf of mere interloping & contraband adventures. Accept assurances of my constant affection & respect.
Th: Jefferson

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


Title: From James Madison to Thomas Jefferson, 18 August 1802
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Orange Aug. 18. 1802
Your favor of the 16th. came duly to hand with the papers to which it referred. I now forward others recd. by the last mail.
I have signified to Mr. Sumpter that his resignation was acquiesced in, and have used a language calculated to satisfy him that he retains the good opinion of the Executive. What is to be said to Mr. Livingston on his request that he may appt. a private Secretary, and fill provisionally consular vacancies? Considering the disposition of a Secretary of Legation, acting as private Secy. to view himself on the more important side, and of the Minister to view & use him on the other, it is to be apprehended, that there may be difficulty in finding a successor to Mr. Sumter who will not be likely to be infected with the same dissatisfaction. I am not aware that the other proposition of Mr. L. is founded in any reason claiming equal attention. Yours with respectful attachment
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 19 Aug.

   JM’s reply to Thomas Sumter, Jr.’s letter of 18 May 1802 has not been found.


Title: To James Madison from Rufus King, 18 August 1802
From: King, Rufus
To: Madison, James

Private
Dear Sir
Rotterdam August 18. 1802
Since I left London I have received your letter accompanying the instructions & authority concerning the settlement of our Boundary with Great Britain—and in consequence thereof have written to Mr Gore, desiring him to communicate to Lord Hawkesbury that powers have been sent to me for this purpose, and to request his Lordship to put the business in such a train as to be settled upon my return. I shall moreover write a Letter to the same Effect to Lord Hawkesbury from the Hague or Amsterdam. The principal object of my troubling you with this letter, is to beg of you to give me the earliest information of what the president shall decide respecting the accommodation I have taken the Liberty to ask for in regard to my return to america, and I hope you will excuse my praying you to advise my agent Mr Low of New york of the Presidents determination, as he may otherwise be embarrassed respecting the Execution of my Instructions.
I earnestly hope I shall be relieved in season to embark in Apl. which will give me a good probability of arriving in June. Very faithfully Yr. Ob. Ser.
Rufus King

   RC (DNA: RG 59, DD, Great Britain, vol. 10). Cover addressed to JM “Viâ Boston / Ship Mary / Capt Emery,” with a note indicating that the letter was received and forwarded by Lawson Alexander, U.S. commercial agent at Rotterdam. Postmarked Boston, 1 Nov.

   JM to King, 8 June 1802.

   Christopher Gore informed Hawkesbury of JM’s instructions and King’s power to settle the boundary question in his letter of 24 Aug. 1802 (King, Life and Correspondence of Rufus King, 4:159–60).


Title: From James Madison to Peder Blicherolsen, 18 August 1802 (Abstract)
From: Madison, James
To: Blicherolsen, Peder

18 August 1802, Department of State, Washington. “The Secretary of State of the United States presents his respects to Mr. Olsen, and does himself the honor to forward herewith to him Exequators for the Gentlemen whose names are subjoined,… agreeably to Mr. Olsen’s letter of the 29th. of last month to the Secretary of State. The delay unavoidably incurred in procuring the necessary signatures [on] these Exequators from the absence of both the President and Secretary of State has thus long retarded the transmission of them.” Returns commissions for John Spindler (New York and Connecticut), Erich Bolman (Pennsylvania), Peter Collin (Maryland), John Boritz (North Carolina), Joseph Winthrop (South Carolina), William Scarborough (Georgia), and Jonathan Swift (District of Columbia).

   Letterbook copy (DNA: RG 59, DL, vol. 14). 2 pp.


Title: To James Madison from John Bulkeley & Son, 18 August 1802 (Abstract)
From: John Bulkeley & Son
To: Madison, James

18 August 1802, Lisbon. Mentions that they last wrote on 31 Dec. 1801 and 29 Jan. 1802, “the contents of both which, we now confirm, and herewith beg Permission to hand you extract of our account to this day, on which, the Balance due to us is Rs: 42,211$ 815, & having Occasion for this Property in Europe, we have for some time endeavoured to pass our Bills on you, but the low rate of dollars here, inducing those who have Funds to remit to America, to send them in Specie, we have been unsuccessful.” Requests JM to “establish a Credit in our Favor with your Bankers in London or Amsterdam, for the above Balance, & the Interest that may further become due thereon,” and to reply through Jesse and Robert Waln of Philadelphia, who have “frequent opportunities of writing us.”

   RC and enclosure (DNA: RG 59, Letters Received from Bankers). RC 2 pp.; docketed by Brent as received 15 Oct. Enclosure (1 p.) is a statement of Bulkeley & Son’s account with the State Department, 31 Dec. 1801 to 18 Aug. 1802.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:361, 429.


Title: To James Madison from Robert R. Livingston, 19 August 1802
From: Livingston, Robert R.
To: Madison, James

No. 21
Dear Sir,
Paris 19 August 1802
I write in haste in hopes that this may overtake Mr. Lyle and correct an error in my last. Notwithstanding the appointment of Genl Victor & several other officers for Louisiana, among others a Compt[r]oller of the forests, no Prefet is yet appointed—nor is the difference relative to the Floridas settled. Spain insists that they are not ceded and I have certain information that two days ago the minister of marine wrote to the minister of foreign affairs that without the Floridas there could be no Louisiana. Nothing shall be neglected on my part to keep up this difference for while it lasts there will I believe be no expedition and time and change may work in our favor. I am, Dear Sir, with the most perfect esteem Your Mo He. St.

   RC (NHi: Livingston Papers); draft (ibid.); letterbook copy (NHi: Livingston Papers, vol. 1). The RC is a letterpress copy marked “(duplicate),” in a clerk’s hand, unsigned; docketed by Wagner. Italicized words are those encoded by Livingston’s secretary and decoded here by the editors. RC decoded interlinearly in an unidentified hand. According to Livingston’s “Journal of correspondence with the Secretary of State” (NHi: Livingston Papers, vol. 7), he enclosed with this dispatch a copy of his 19 Aug. note to Talleyrand on Louisiana. The note stated the rights of the U.S. in regard to the free navigation of the Mississippi River and the deposit of American goods in New Orleans and requested an answer as to whether France would respect those rights (ibid., vol. 1; 3 pp.).