Title: To James Madison from Robert R. Livingston, 10 December 1801
From: Livingston, Robert R.
To: Madison, James

No. 1
Dear Sir,Paris 10th. December 1801.
I arrived here after a fatiguing journey, of near four hundred miles, on the evening of the 3d. inst. I sent Mr. Sumter the next day to the minister of foreign affairs, to inform him of my arrival & to request an audience; which he gave me the next day.
On the 6th. I had my public audience from the First Consul, to whom I presented my letter of credence & the address (a copy of which is enclosed) neither of them were read, but delivered to the Minister—such being the present etiquette. You will observe my address was not according to the present forms, & I should have offerd none had I not been expressly charged so to do, in my instructions. The additional compliments upon the peace could not very well be dispensed with in the present state of things here & I have reason to think they were well recieved.
It may not be amiss to inform you of the present ceremonial because from this you may draw useful inferences.
On the 15th. of every month, the guards consisting of 4000 troops, cavalry & artillery included, together with about 1000 of the Parisian guard making in the whole 5000 of the finest troops in the world are drawn up before the pallace & reviewed by the First Consul, attended by all the general officers—when rewards are distributed (by him) of muskets & sabres to such as have peculiar merit. Immediately after, all the ministers assemble—passing through a line of guards into the hall of the Embassadors. After remaining there some time, they are conducted upstairs & through a number of Apartments into that in which the Consul gives Audience; the staircase and every apartment having a certain number of guards under arms. When the circle is formed, the First Consul comes from the upper end of the room, goes round & says something to every Minister present. His deportment is easy, chearful & dignified. Every thing here has a military appearance.
I found that nothing had yet been done for the American debt & that the Council of prizes were still condemning in the very face of the treaty. I yesterday had a private audience of the Minister, I stated to him, in strong terms, the conduct of the council, & shewed him that it was not only very injurious to the Americans but must be ultimately so to France, since the Government would have to pay what was disipated by the Captors. He seemed perfectly to agree with me & to wish that I would bring forward their enormities as soon as possible. The fact is he has been overruled in the constitution of this body & they have a strong support.
I have directed Mr. Skipwith to give me short statements of the several cases to annex to a note I shall present as soon as possible. I entered upon the subject of the debt due to American Citizens & endeavored to impress the Minister not only with the injustice but with the impolicy of the delay as the want of credit might affect not only their Manufactures but their armament going to the west Indies & concluded by desiring to know whether any, or what arrangements had been made for the discharge of those demands that were actually liquidated? He told me that this not being within his department he could not immediately satisfy my enquiries, but that he would do it as soon as possible—which was in other words to wave the business. I next desired to be informed whether any Minister had been designated for the United States—Mr. Depuisy having been appointed a Prefect—he told me Mr. Otto had been fixed on as the person that, it was presumed, would be most agreeable to our government.
He seemed much surprized when in pursuance of the president’s commands I expressed a doubt of his being perfectly agreeable. He asked whether I knew him personally. I own I wish the president had explained the nature of his objections for were I to speak my own opinion I know no man I should prefer to Otto. He may have wavered here but his sentiments & conduct I have always found correct and open and as he is at present in high favor on account of the treaty concluded with Britain to oppose him without some substantial ground has an ungracious appearance. The Americans here think of him as I do.
I shall however pursue the Presidents intentions unless I recieve a counter-order.
The Minister told me Mr. Otto will remain in England a month or two to make some arrangements there & I believe he will be dignified, for the time with the rank of Minister. I pray you therefore, as soon as possible, to give some decided directions on this head.
I found from a variety of sources here and some I think I can depend on the business of Louisiana had been concluded and it was understood it had been given in exchange for the Spanish part of St. Domingo to be restored to its old master. Several circumstances concured to induce me to believe this report was not void of truth. I therefore took the earliest opportunity to touch upon that subject with the minister and to hint at the reasons of policy (as it respected the French government as well as ourselves) that made the object interesting to us. He seem’d at first inclined to wave the subject but when he found I pressed more closely he admitted that it had been a subject of conversation but that nothing had been concluded or even resolved on in the affair. I left him with a hint that perhaps both France and Spain might find a mutual interest in ceding the Floridas to the United States. I have communicated all I could learn on this subject to Mr. Graham who accompanied me to this place with a hope of finding Mr. P. here but he had been gone about 3 weeks. As I consider it as extremely interesting I shall not fail to give it my closest attention. In order that Mr. Sumter may have leisure to cypher this letter I shall close it here & write further to you by this conveyance. I am Dear Sir with the most respectful attatchment & esteem Yr. Mo. Obt. Hle. St.
Robt R Livingston

   RC and enclosure (DNA: RG 59, DD, France, vol. 8); draft (NHi: Livingston Papers); letterbook copy and copy of enclosure (NHi: Livingston Papers, vol. 1). RC in a clerk’s hand, signed by Livingston. Unless otherwise noted, italicized words and letters are those encoded by Livingston’s secretary using the code provided by the State Department and decoded here by the editors using a copy of that code (ViU: Jefferson Papers, code B4). For a description and printed copy of the code, see Ralph E. Weber, United States Diplomatic Codes and Ciphers, 1775–1938 (Chicago, 1979), pp. 153–54, 467–77. The coded passages were decoded by JM (except for the last few lines in Wagner’s hand) on a separate sheet (DNA: RG 59, DD, France, vol. 8A; filed under 1803). Enclosure 2 pp. (see n. 1).

   In his address Livingston declared that he had been instructed to assure the first consul of the sincere disposition of the U.S. to cultivate harmony with France. Had the news of the restoration of peace in Europe been known before his departure, Livingston further stated, the president would have doubtless wished to offer his congratulations on so advantageous an event. The minister then added his own congratulations to the French republic “on having for its first Magistrate a chief, who united to the most splendid civil & military talents, possesses a spirit of patriotism & humanity which stops the progress of war, even in the full career of Victory, when the interests of his country & the happiness of Mankind call for peace.”

   Underlined in RC.

   Napoleon had named Jean-Xavier Bureaux de Pusy, former president of the Constituent Assembly, prefect for l’Allier on 2 Nov. (Jean Savant, Les Préfets de Napoléon [Paris, 1958], p. 220).

   Louis-Guillaume Otto (1754–1817) accompanied the chevalier de La Luzerne to the U.S. in 1779 and did not return to France until 1792, during which time he served for over a year as chargé d’affaires while Jefferson was secretary of state. He liked the country and was popular with Americans. Not a wise or insightful observer of the political scene, however, he was easily manipulated and often influenced by what Hamilton and other Federalists told him. On 28 Aug. 1801 Jefferson wrote to Livingston that he believed Otto and Antoine de La Forest to be “unprincipled men, and entirely anti-revolutionary, & so much in sympathy with the monarchical federalists here, that I should expect nothing less than their betraying to them every transaction which should pass with the Executive.” He further instructed Livingston: “Should no appointment be made before your arrival at Paris, it would be important that that government should be apprised in some delicate way that however confidential these men might be with the opposition, they cannot be so with any administration here which shall be republican” (Biographie universelle [1843–65 ed.], 38:956; Boyd, Papers of JeffersonJulian P. Boyd et al., eds., The Papers of Thomas Jefferson (22 vols. to date; Princeton, N.J., 1950—)., 18:528–30, 533, 537; Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:87–88).

   JM mistakenly decoded “agreeable” (1617) instead of “and” (1667).

   In the draft Livingston wrote out “Pin[c]kney.”


Title: From James Madison to Josef Yznardy, 10 December 1801
From: Madison, James
To: Yznardy, Josef

Letter not found. 10 December 1801. Acknowledged in Yznardy to JM, 18 Dec. 1801. Discusses the suspension of Patrick Mullony’s consular functions.


Title: To James Madison from Tobias Lear, 11 December 1801 (Abstract)
From: Lear, Tobias
To: Madison, James

11 December 1801, Cap Français. No. 18. Reports that accounts of European peace have caused a “total suspension of business” as all anxiously await news of French plans for the island. Toussaint is at Port Républicain. Anticipates “dreadful” consequences if the French arrive in force to “subject the people to their former State,” but “should they conduct with moderation in their demands and proceedings, I presume there would be no convulsion.” Hopes JM will receive information on French plans regarding the colony and will send instructions predicated on them. In a postscript adds that he is including a letter for Pichon under the same cover.

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3). 2 pp.

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


Title: To James Madison from John Morton, 11 December 1801 (Abstract)
From: Morton, John
To: Madison, James

11 December 1801, Havana. Takes advantage of the return of his brother George to the U.S. to inform JM of his arrival on the island. Has received the same official recognition he formerly had and assurances of protection from the governor, but there are “too many circumstances on record” that prevent good relations between the two countries. The “whole commercial community” complain of violations of American rights, especially by the intendant of the royal customs, Viguri, who has required, on questionable authority, that entering American vessels carry certification by Spanish consuls in the U.S. The ostensible purpose is to discourage trading with the British West Indies, but vessels from Jamaica, Providence, and Nassau, with or without cargoes, are admitted. Accuses the intendant of making difficulties in order to encourage bribery in ways that are “tantamount to a declaration of War upon our Commerce.” Recounts the ill-treatment of merchant William Cooke and consul Blakeley as well as his own department’s failure to obtain redress from the governor, who claims he has no power to act. Warns that U.S. citizens and their property will continue to be at risk unless remedy can be obtained through Madrid and commerce can be “settled upon clear and positive regulations, mutually agreed to.” Believes that peace will probably bring some restrictions on neutral trade and suggests the need for a public agent to attend to American property claims. Mentions his own qualifications for the post.

   RC (DNA: RG 59, CD, Havana, vol. 1). 8 pp.; marked “⟨Du⟩pte. Origil. by Mr. G. C. Morton”; docketed by Wagner as received 19 Jan. 1802. For the Cooke and Blakeley cases, see Cooke to JM, 27 Nov. 1801, and Josiah Blakeley to JM, 1 Nov. 1801.

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


Title: To James Madison from Tench Coxe, [ca. 12 December] 1801
From: Coxe, Tench
To: Madison, James

Private
[ca. 12 December 1801]
The two enclosed papers N. 1 & 2; written in New York, prove that the recent peace and the concomitant state of things are made from the Moment, subservient to antirepublican purposes by the leading influence among the federalists. They glance, significantly, at Louisiana & Florida. The ideas suggested in regard to the change of the owners of those countries have received from one source a very late confirmation, and from another a very strong one amounting to certainty. It is believed possible, on the grounds refered to in Mr. Monroe’s view, & on grounds appearing here, to obtain a cession of the two Floridas & perhaps more, to the U. S.
The Depreciation of Bank paper in England, to which the writer of the N. Yk. essays seems to allude, is supported, as I conceive by this ascertained fact, that 60.000 Drs. for an india voyage, were procured by the Agents of four American houses in London at 5/10 Stg. ⅌ oz. in Septr. 1801. This is treated as a matter of mercantile rise of price of the commodity of foreign silver as bullion. But it does not appear that subtle & anxious politicians, in English politics here, deem that a safe & sound Opinion.
Our Stocks keep wonderfully up which proves European distrust of their establishments & confidence & [sic] our establishments; also the state of capital here.
There seems to be every inducement to exertion to diminish the seeds & sources of danger in our Southern states by the following 6 such measures.
I
The most perfect & frank Justice to the Southwestern states & Territories, and ingenuity & energy in cultivating their rights and interests, so as to bind to us by affection, national spirit, prudence & self love.
II
To keep our population condensed, and to cause it to be condensed by derivations from abroad & from other states in & to those places where the black people are or abound.
III
To encrease the Numbers & respectability of our Militia there, and every where, and especially of our militia Horse.
IV
To revise the laws, regulations & practical rules by which their treatment is governed; & to ameliorate it in all respects in our power, with justice & prudence, & thus less the causes of complaint and disorder.
V
To continue the impediments to importation; and perhaps to exercise the power to duty importation, as a prelude to congressional prohibition when the constitution shall allow it.

VI
To allow & promote the diffusion of the blacks here, so as to render their numbers in every vicinity more inferior than at present to the whites. A comparative view of this fact in 1791 & 1801, by a document containing in contiguous columns the whole number of whites & blacks in each county in the stat[e]s South of Pennsa. in those two years would be instructive. The degree of difference & the Causes of it would be instructive. It is supposed that the cultivation of Tobacco in new places, of rice in new places, of the new article of cotton in a great variety of places, the introduction of merchants & manufacturers & their assistants, the extension of settlements into new Counties partly by blacks, and other causes have made the comparative numbers of blacks in the Eastern parts of Georgia, the Carolinas, Virginia, Maryland, in Delaware entire, much less than in 1775. A plan of this nature pursued during the present chief Magistracy may be a source of the truest glory, & truest prosperity to the President & our Country; and it is consonant with the purest principles of Humanity & general rational religion. Devised at the seat of government it could be diffused from thence silently and unobservedly (by the blacks) thro all the States, Counties & Townships concerned. The cultivation of cotton & Tobacco in the upper Counties, & the making of iron there will have a vast effect to produce a transfer of blacks from below. Returns of the population, black & white, in 1775 in the southern states should be collected.
It is certainly determined to establish the strictest Slave principles in the British, Danish & Spanish West Indies, & to come much nearer to it in the french Islands than the letter of the constitution of 1792. Whether in doing this they will not colonize their Tousaints, Pelagés, Moyes, Dumas’s &ca. to Florida & Louisiana is to us a serious question.
It has often occurd that as the U. S. do not want Territory, as they have only occasion for the Floridas and some country on the Mississippi, South of our present line for purposes of commerce & prudence (as above)—I say whether they might not make a frank arrangement with Spain & the friends of Spain in France, by which we might engage by treaty to endeavour to procure laws to be passed that should by their provisions & operation amount to a security to & guarranty of the North & South American Dominions of Spain from the plans, intrigues, and projects of our own citizens of themselves or in concert with foreigners. Such a matter would give great comfort to Spain & lull certain Jealousies of France, & if for it, we could procure France to give us the Floridas & something West of them, it would place them on a ground of great confidence, esteem & respect in Spain & in the United States & would allay or remove certain Jealousies which exist here, and which are subjects of crafty & pernicious insinuation & suggestion. There is reason to believe F. might listen to such a negociation.
VII
The improvement of a line of road from Washington to Kentucky, Tennessee & the Missippi Territory would have a strong influence on the public Mind there. For the sake of distributive Justice in our expenditures a like line to Erie would be worthy of attention.

   RC (DLC). Unsigned; in Coxe’s hand. Addressee not indicated. Dated ca. 1801 in the Index to the James Madison Papers. Conjectural date here based on internal evidence; see also Coxe to JM, ca. 22 Nov. 1801, Editorial Note. Enclosures not found, but see n. 1.

   Coxe may have enclosed two essays on the likely effects of European peace on the American economy. These had first appeared in the 30 Nov. and 2 Dec. issues of the Federalist New-York Evening Post and were reprinted in the 5 and 12 Dec. issues of the Philadelphia Port Folio. The first essay discussed the positive long-term influences of peace on trade, manufacturing, and agriculture but also touched on the potential evils of the cession of Louisiana to France. The second asked what example the present situation in France bore for admirers of its earlier revolution.

   In his defense of his French mission, Monroe reported a September 1796 conversation with French foreign minister Charles Delacroix in which the latter had assured Monroe that France would not disturb the American interior and had no interest in Louisiana other than to deny it to Great Britain (James Monroe, A View of the Conduct of the Executive … [Philadelphia, 1797; EvansCharles Evans, ed., American Bibliography … 1639 … 1820 (12 vols.; Chicago, 1903–34). 32491], pp. 377–78).

   Accounts of the October uprising in Saint-Domingue appeared in the Philadelphia Aurora General Advertiser on 30 Nov., 1, 4, and 9 Dec. 1801 and also in the New-York Evening Post on 30 Nov., 1 and 2 Dec. 1801. In its 30 Nov. issue the former paper had published a report from Norfolk, Virginia, that “negroes in and about Petersburg, had of late become very insolent.”


Title: To James Madison from Robert R. Livingston, 12 December 1801
From: Livingston, Robert R.
To: Madison, James

Dear SirParis 12th. December 1801.
In addition to what I wrote you yesterday I have only to mention that I am more & more confirmed notwithstanding what I there say of the minister’s assurances that Louisiana is a favorite object and that they will be unwilling to part with it on the conditions I mentioned.
Speaking of the means of paying their debts to one of their Ministers yesterday I hinted at this. His reply was “none but spendthrifts satisfy their debts by selling their lands” adding however after a short pause “but it is not ours to give.”
The papers, which I send by the way of Bourdeaux with one copy of my letter, will shew you that our treaty has been under debate and adopted by the Corps Legislatif together with the speeches upon it & several other treaties.
A difficulty has been made here in giving exequaturs to such of the commissaries of commercial relations as are french citizens. It is a difficulty however, which I have not endeavored to remove as I do not know that we have any interest in it. A sufficient number of our own Citizens being willing to accept these places & I think with more advantage to the United States than Strangers.
I shall pursue your instructions on this head when I recieve them, & in the mean time do nothing. Let me again remind you of Mr. Vails claims, his removal would give me great pain & injure the U. States. The papers given to the last commissioners are not come to hand.
I wish to be furnished with a list of the consuls & their stations. I should also be empowered to fill up Vacancies until the Presidents pleasure shall be known. I am Dear Sir with esteem & the truest attaht. your Mot. Obt. He. St.
Robt R Livingston

   RC (DNA: RG 59, DD, France, vol. 8); draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1). RC in a clerk’s hand, signed by Livingston; docketed by Wagner, “10 Decr. 1801 / Recd. 26 Feby.” Italicized words and letters are those encoded by Livingston’s secretary and decoded here by the editors. RC decoded interlinearly by Wagner.

   Livingston referred to his letter of 10 Dec. He commenced his letter of 12 Dec. on the verso of the last page of his 10 Dec. letter.

   Debate over the Convention of 1800 in the Corps législatif and the Tribunat appeared in the Moniteur universel, 13–17 Frimaire an X (4–8 Dec. 1801). On 6 Dec. the Corps législatif voted by 230 to 10 to make the convention a French law (Moniteur universel, 16 Frimaire an X [7 Dec. 1801]; National Intelligencer, 15 Feb. 1802). The National Intelligencer published extracts from the preliminary debate on the French treaties with Bavaria, Russia, and Portugal in its 3 Feb. 1802 issue, noting that they had been scheduled for full debate on 8, 9, and 10 Dec., respectively.


Title: To James Madison from Thomas Appleton, 12 December 1801 (Abstract)
From: Appleton, Thomas
To: Madison, James

12 December 1801, Leghorn. Lack of a conveyance to the U.S. has prevented him from writing for over six weeks. The “panic of peace” has suspended commercial negotiations, a situation worsened by the arrival of more U.S. vessels within fifteen days than at any period during his residence. Declares that American trade with Italy, though not extensive, has been “most lucrative” during the past four years. Wider knowledge of Italian resources and products would increase this trade and also facilitate American commerce with the West Indies. Principal Italian exports are olive oil, marbled soap, silk, paper, Levantine drugs, dyes, and gums, and sheet copper. Mentions that sailors abandoned in Italy, without recourse to American consuls, are often forced into theft for survival and thus bring disgrace on the U.S. Suggests appointing a consul general, fluent in both French and Italian, for Etruria, the Papal States, and the Kingdom of Naples; also alludes to the “vexatious proceedings” of the consul in Sicily against American citizens.
Reports that all Italian sovereignties will be represented at Amiens while all religious and political orders in the Cisalpine Republic will send deputies to a council at Lyons where Bonaparte will preside. Encloses a sketch of the proposed Cisalpine constitution which will probably be administered by Murat. States that the Venetians despise their rulers. Believes that Bonaparte will allow the pope to retain his dominions, but the terms of their recent agreement are effectively concealed. “French authority … still prevails” in Etruria. Naples is “now directed by” France, as are all the Italian provinces from Turin to Naples, and “so Vile have been for centuries, their various forms of government, and so debased their citizens and subjects, that any change whatsoever cannot but ameliorate their situation, should it not correct their depravity.” Announces the arrival of Captain Barron in the Philadelphia on 25 Nov. with convoy of American and Swedish ships. In postscript relays news from Smyrna of the Tripolitan purchase and arming of a ship to attack U.S. trade; has forwarded a detailed description to Dale. Adds in a second postscript that he is enclosing a copy of a letter from O’Brien at Algiers, that the Philadelphia has just left to cruise off Syracuse and Malta, and that American merchant Henry DeButts of DeButts and Purviance, naval supplier at Leghorn, died at Sarzana on 4 Dec.

   RC and enclosures (DNA: RG 59, CD, Leghorn, vol. 1). RC 13 pp. Duplicate copy (ibid.) is dated 14 Dec., with postscript dated 16 Dec. Enclosures are a sketch of the proposed Cisapline constitution (3 pp.) and a copy of Richard O’Brien to Appleton, 5 Dec. 1801 (2 pp.), reporting that the Peace and Plenty was proceeding to Tunis under convoy of the George Washington, four years’ annuities to Algiers had been paid, and six Algerine corsairs had sailed on 5 Nov.

   The council of the Cisalpine Republic, meeting at Lyons in late January, promulgated the new constitution, drawn up in Paris, and chose not Murat but Napoleon himself to be the president of the reconstituted Italian Republic. He accepted the position on 26 Jan. 1802 (Geoffrey Bruun, Europe and the French Imperium, 1799–1814 [New York, 1938], p. 55).

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


Title: To James Madison from William C. C. Claiborne, 12 December 1801 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

12 December 1801, Natchez. Encloses a copy of his 2 Dec. address to the territorial legislature together with their answer [of 4 Dec.]. The legislature seems to be composed of “honest men, much attached to the United States, and devoted to the Interest of this Territory,” despite their inexperience. Believes that all opposition to admitting the Mississippi Territory to the second grade of territorial government has ceased and the citizens seem contented. Asks that his powers and duties as ex officio superintendent of Indian affairs for the Southern Department be defined as he has had many visits from the Choctaw and expects more in future. Had sought guidance from Sargent’s official letters but could not find any communications from the State Department in the public papers. Describes the Choctaw as “troublesome” and mentions their “partial Depredations upon the Cattle &c. of the Inhabitants.” When “they receive spirits from the Citizens, [they] become intoxicated and are abusive & viciously inclined,” which requires him to become the arbitrator of disputes. Requests permission to hire an interpreter. Relates recent unpleasant incident at Natchez between a drunken Choctaw “of some little note” and “an unknown citizen,” during which the Choctaw was whipped. Indian has since disappeared and is supposed dead, and his friends and countrymen seem “much displeased, and threaten to retaliate.” Has incurred some expense to keep these people in “good humour,” for which he begs to be excused. Mentions that Steele remains ill, which increases his own labors.

   Letterbook copy (Ms-Ar: Claiborne Executive Journal). 3 pp. Letter and enclosures printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:12–21.


Title: To James Madison from William Eaton, 12 December 1801 (Abstract)
From: Eaton, William
To: Madison, James

12 December 1801, Tunis. Reports that the Peace and Plenty, convoyed by the George Washington, arrived 1 Dec. and has begun unloading cargo. Powder, though somewhat damaged, “passed with a bribe to the surveyor.” Is confident the rest of the cargo—which appears to be in good order—will be accepted because of his friendship with the governor of Porto Farina, who will receive it. Captain Wood wishes to notify his owners of its acceptance by the return of the George Washington. Believes there is no risk to the U.S. in paying the balance of the freight on receiving this information.

   RC (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC 1 p. Printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:633.

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


Title: To James Madison from Claude Adam de La Motte, 12 December 1801 (Abstract)
From: Motte, Claude Adam de La
To: Madison, James

12 December 1801, Le Havre. Acknowledges receipt of his commission as vice commercial agent at Le Havre. Learned on Livingston’s arrival at Lorient of the French government’s refusal to grant an exequatur to Cathalan at Marseilles. Had requested one for himself through a friend but was refused because of his French citizenship. Has therefore asked Livingston to make the request through regular channels. Believes the French government should have informed the U.S. had it wanted his nomination changed and points out that under the French Constitution the option is reserved to the citizen and not to the government. If a French citizen accepts a foreign appointment he loses his political rights, but the choice is for the citizen to make. This provision is maintained in the proposed civil code to the extent that anyone who accepts a foreign appointment without government authorization will lose his civil rights. In any event, the Le Havre area will not be unprovided for, as Dobell is already performing his functions as agent. Should La Motte be unable to act as vice-agent, he will inform the U.S. government. Had sent the American commissioners in France an account of his expenditures from 1794 to 1798, totaling 1,713 livres, which Davie was to take with the supporting vouchers to the U.S. Requests that the account be paid.

   RC (DNA: RG 59, CD, Havre, vol. 1). 3 pp.; in French. La Motte had been appointed by Washington as vice-consul for Le Havre in 1790; he was subsequently removed from office but was reinstated by Jefferson, who formally nominated him as vice commercial agent on 6 Jan. 1802 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:48, 403; Jefferson’s list of appointments, 1801–3 [DLC: Jefferson Papers]).

   The Constitution of the Year VIII specified that French citizenship could be forfeited by accepting an appointment from a foreign government, a provision continued in the Code Napoléon where it applied only to those acceptances not authorized by the emperor (John Hall Stewart, ed., A Documentary Survey of the French Revolution [New York, 1951], p. 769; Les Cinq Codes de l’Empire français [4th ed.; Paris, 1812], p. 7).

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


Title: From James Madison to Lewis M. O’Brien, 14 December 1801
From: Madison, James
To: O’Brien, Lewis M.

Sir,Department of State. Washington 14. Decr. 1801.
I have received with your Letter of the 23d. May last, the bond which you tender for the faithful performance of your official duties. The usage (founded on an obvious principle of expediency) requires that the sureties should in such cases be either residents of the United States, or holders of property of a permanent nature in them. Hence, altho’ I make no doubt that Messrs. Vial, Son & Co. and Francis Varangot would be competent sureties for an engagement, which, if necessary, was to be enforced in Spain, I must request you to substitute in their place your correspondents in the United States, or other persons possessing the qualifications above indicated. I have the honor &c.
J. M.

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

   Letter not found (calendared in PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:226).

   On 8 Jan. 1800 the Senate had approved Adams’s nomination of Lewis Meagher O’Brien to be consul for Santander, Spain (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:332, 333).


Title: From James Madison to the President of the Senate, 14 December 1801
From: Madison, James
To: President of the Senate

Sir,Department of State December 14th 1801.
Agreeably to the “Act to revive and continue in force certain parts of the Act for the Relief and protection of American seamen, and to amend the same,” I have the Honor to lay before Congress an annual Return, ending the 9th Inst, containing an abstract of all the Returns made to the Secretary of State by the Collectors of the Customs for the different ports, pursuant to the “Act for the Relief and protection of American seamen”; to which I have added extracts from the Communications received from the Agents employed in foreign Countries for the Relief of American seamen. I have the Honor to be, with great respect, Sir, your very Obedt Servant,
James Madison

   RC and enclosures (DNA: RG 46, Reports and Communications from the Secretary of State, 7A-F1). RC in a clerk’s hand, signed by JM. Enclosures 14 pp.; see nn. 1 and 2. JM sent a nearly identical letter to the Speaker of the House of Representatives, 14 Dec. 1801 (DNA: RG 233, Reports and Communications from the Secretary of State, 7A-E1.1).

   Section 4 of the act authorized collectors at American ports having documentary proof of a seaman’s American citizenship to issue him papers describing his person and certifying his nationality. Section 7 required customs officers to keep records of the certificates they issued and to make quarterly reports of all seamen so registered. JM enclosed an “Abstract from the Returns made to the Secretary of State, by the Collectors of the Customs of Seamen registered under the Act entitled ‘an Act for the relief and protection of American Seamen,’ “ which stated that 5,255 sailors obtained certificates of citizenship by these means in the year ending 30 Sept. 1801 (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:477–78; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Commerce and Navigation, 1:458–60).

   JM enclosed extracts of David Lenox’s letters of 15 Jan. and 25 July 1801, Lenox’s reports for the last two quarters of 1800 and the first two of 1801 showing that he had handled 694 cases during the period, extracts from William Savage’s dispatches from Jamaica of 19 May and 6 July 1801, a statement that 56 cases of alleged impressment had been brought to his attention since the last State Department message to Congress, and an abstract of the protests made by American masters of seamen impressed from their ships pursuant to section 5 of the act (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:477–78; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:361–63; see also Lenox to JM, 10 Apr. 1801, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:84–85).


Title: To James Madison from Rufus King, 14 December 1801
From: King, Rufus
To: Madison, James

No: 44.
Sir,London December 14. 1801.
In a Letter dated October 7. Commodore Dale informs me that he had been obliged to ask the English Government at Gibraltar for certain Supplies that his Squadron stood in need of; a List of the Articles and of their prices is contained in the Commodores Receipts, copies of which were enclosed in his Letter to me. I have hitherto received no application for payment, and am in hopes that such arrangements have been made as will enable Commodore Dale to settle this account at Gibraltar.
Mr. Eaton, our Consul at Tunis having sent me a Copy of the Complaint, which he had lodged in the English Consular Office at that place, against Mr. Mc.Donough the English Agent at Tripoli, I wrote a Letter to Lord Pelham upon the Subject, copies of which and of his answer are annexed. Lord Pelham in conversation with me concerning this Complaint assured me that he would pay particular attention to the subject in preparing the Instructions to the Person who will Succeed Mr. Mc.Donough at Tripoli.
By the annexed Copies of Letters respecting the articles prepared and preparing as a present for the Bey of Tunis you will perceive how far this business is completed. Mr. Hargraves, by whom we have Sent the Box of Jewels, has been many years settled at Tunis; and although it would have been better to have Sent the whole of the articles together had they been all ready, as Mr. Eaton has repe[a]tedly informed the Bey that they would be sent by Hargraves, I was apprehensive that it might involve Mr. Eaton in new Difficulties should Hargraves return empty handed. Notwithstanding I have before informed you that I should not deem it necessary to insure such of these articles as I could find an opportunity to send in an English frigate, I have in the present instance from prudential considerations departed from this determination, and Rundell & Bridge according to my orders have procured an Insurance in their own names, at the rate of two Guineas and a half, and in a valued Policy, upon the Cost of the Articles sent by Hargraves; the Policy has been sent to me, and is so expressed as to cover the Risque whether Hargraves proceeds from Gibraltar in an American Frigate to Tunis, or continues his voyage in the English Frigate to Algiers, and thence by Land to Tunis. With perfect Respect and Esteem I have the honour to be, Sir, Your obedient and faithful servant
(Signed)   Rufus King.

   RC and enclosures (DNA: RG 59, DD, Great Britain, vol. 9); letterbook copy and copies of enclosures (NHi: Rufus King Papers, vol. 54). RC marked duplicate; in a clerk’s hand; docketed by Wagner as received 21 Feb. For enclosures, see nn. 2 and 3.

   Dale’s letter to King is printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:596.

   King enclosed an extract of William Eaton’s letter to him, 1 Sept. 1801 (1 p.), stating that the British consul at Tunis, Perkins Magra, had refused to act on the complaints against British agent Bryan McDonogh made in Eaton to Magra, 1 Sept. 1801 (4 pp.; printed ibid., 1:565–66). King included a copy of a certificate from Richard Dale, dated 10 Sept. 1801 (1 p.), attesting to the truth of Eaton’s charges. He also enclosed copies of his letter to Lord Pelham, 28 Nov. 1801 (4 pp.; printed in King, Life and Correspondence of Rufus King, 4:22–24), transmitting the above correspondence, and Pelham’s reply, 5 Dec. 1801 (2 pp.; printed ibid., 4:24–25), assuring King that since McDonogh was soon to be replaced, an investigation of his conduct was unnecessary.

   The enclosures are copies of King to Eaton, 16 Nov. 1801 (3 pp.) and 10 Dec. 1801 (2 pp.; printed ibid., 4:31), describing the status of Eaton’s orders, and King’s letters of 10 Dec. 1801 to O’Brien (1 p.), Gavino (2 pp.), and Dale (2 pp.), requesting all possible aid be rendered to Lewis Hargreaves who was traveling to Algiers with a box of jewels for the bey of Tunis.


Title: To James Madison from Isaac Cox Barnet, 14 December 1801 (Abstract)
From: Barnet, Isaac Cox
To: Madison, James

14 December 1801, Bordeaux. Encloses a copy of his last account with vouchers and also sends a pamphlet on the fete of 18 Brumaire in celebration of peace. Offers congratulations on the anticipated effects of peace in U.S., including the consolidation of the republican system and the reunion of Americans in one common cause.

   RC (DNA: RG 59, CD, Bordeaux, vol. 1). 1 p. Filed with the RC is a printed letter addressed to Barnet from the Bordeaux commissary general of police conveying copies of an official report of the 18 Brumaire [28 Nov.] celebration (1 p.; in French); pamphlet not found. For Barnet’s final account, see Barnet to JM, 30 Oct. 1801, n.

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


Title: To James Madison from Sylvanus Bourne, 14 December 1801 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

14 December 1801, Amsterdam. Transmits suggestion of Hubbard, one of the bankers of the U.S., who proposed “the legalization by our Consuls of the Powers of Attorney which accompany the transfer of our public funds from one person to another in foreign places, as an arrangement that would serve to give a little emolument to the Consular Officer without burthening the public Chest—& that would at the same time fall chiefly on foreigners.”

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 1 p.; docketed by Wagner.

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


Title: To James Madison from Bartholomew Dandridge, 15 December 1801 (Abstract)
From: Dandridge, Bartholomew
To: Madison, James

15 December 1801, Aux Cayes. Reports that southern part of the island has remained calm. Minor disturbances in Jacmel have ceased with the presence of General Dessalines. Acknowledges October receipt of JM’s 1 Aug. circular letter. Recent U.S. imports have been sold at great loss. Has just received news of Anglo-French peace.

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3). 2 pp.

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


Title: To James Madison from John Baptiste Sartori, 15 December 1801 (Abstract)
From: Sartori, John Baptiste
To: Madison, James

15 December 1801, Philadelphia. Introduces Prince Ruspoli, a dignitary in the Order of Malta and member of one of the first families of Rome, who is traveling in America and wishes to meet the president.

   RC (DLC). 1 p. In 1802 the pope nominated Bailiff Bartolomeo Ruspoli as grand master of the Knights of Malta; he declined the honor (Syrett and Cooke, Papers of HamiltonHarold C. Syrett and Jacob E. Cooke, eds., The Papers of Alexander Hamilton (26 vols.; New York, 1961–79)., 25:432, 26:2).


Title: To James Madison from William Marbury, 16 December 1801
From: Marbury, William
To: Madison, James

SirDecember 16th. 1801
Please to take Notice that on the 17th. day of this Month I shall Move the Supreme Court of the United States Now in session for a Rule that you shew Cause why a Mandamus should not be issued Commanding You to deliver to me a Commission of Justice ⟨of the Peace⟩ in and for the County of Washington in the ⟨District of⟩ Columbia to which office I was appointed by ⟨t⟩he late President John Adams by and with the Advice and Consent of the Senate of the United States. I have the Honor to be Sir with the highest Respect your most obt. Sert
Wm. Marbury

   Tr (DNA: RG 267, Original-Jurisdiction Cases, 1803, February Term, Marbury v. Madison). Damaged at folds and edges. Beneath the signature is a note, dated 17 Dec., signed by Benjamin More: “District of Columbia County of Washingt⟨on,⟩ viz. personally appeared Dennis Ramsey bef⟨ore⟩ me a Justice of the peace for the County of Washington aforesaid and made oath that on the sixteenth day of this month of December he delivered to the Honorable James Madison Secret⟨a⟩ry of State of the United States a writing whereof ⟨the above is⟩ a true Copy.” Filed with this document are copies of the notices given to JM by Dennis Ramsay, William Harper, and Robert Hooe.

   The suit against JM seems to have been initiated by Dennis Ramsay of Alexandria on behalf of himself, Robert Townsend Hooe, William Harper, and William Marbury to obtain the commissions to the offices to which they had been nominated by outgoing president John Adams on 2 Mar. 1801. Jefferson subsequently directed acting secretary of state Levi Lincoln not to deliver the commissions. Marbury and the other plaintiffs had already made personal efforts to obtain their commissions, either from JM or from his departmental clerks, but as they were to tell the Supreme Court, they received no “satisfactory information” in response to their inquiries. When the Supreme Court met on 17 Dec. JM was not present, nor was he represented by counsel. The attorney general explained JM’s absence on the grounds that “he could not in the interval have turned his attention effectually to the subject” and added that JM was prepared to “leave the proceedings under the discretion of the court.” On 18 Dec. Chief Justice John Marshall gave his decision granting the rule and directing JM to show cause why a writ of mandamus should not issue against him. He set aside the fourth day of the next term of the court, in June 1802, for the hearing. In the ensuing political controversy over the future of the judiciary, Congress, in April 1802, abolished the Supreme Court’s succeeding June and December terms. The chief justice therefore did not deliver his judgment in the landmark case of Marbury v. Madison until February 1803 (Donald O. Dewey, Marshall versus Jefferson: The Political Background of Marbury v. Madison [New York, 1970], pp. 77, 80, 85; Ellis, The Jeffersonian Crisis, pp. 59, 65; Jefferson to William Johnson, 12 June 1823, in Andrew A. Lipscomb and Albert Ellery Bergh, eds., The Writings of Thomas Jefferson [20 vols.; Washington, 1903–4], 15:447; Supreme Court minutes, 18 Dec. 1801 [DNA: RG 267, Engrossed Minutes, 1 Feb. 1790–4 Aug. 1828]; Philadelphia Aurora General Advertiser, 22 Dec. 1801; National Intelligencer, 21 Dec. 1801; U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:156).


Title: To James Madison from Joseph Prentis, 18 December 1801 (Abstract)
From: Prentis, Joseph
To: Madison, James

18 December 1801, Williamsburg. Introduces his friend Dr. Barraud, whom he presumes to be visiting Washington regarding the hospital for invalid sailors in Norfolk. Believes Barraud merits any public appointment and is deserving of JM’s attentions.

   RC (ViU). 2 pp.

   Joseph Prentis (1754–1809) had served with JM on the Virginia Council of State and in the House of Delegates at various times between 1777 and 1788. From 1789 to his death he was a judge of the General Court (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 1:264 n. 1).


Title: From James Madison to Charles Pinckney, 19 December 1801
From: Madison, James
To: Pinckney, Charles

Sir,Department of State, December 19th. 1801
I avail myself of the present conveyance just made known to me, to inclose you a copy of the Message of the President to Congress and a few newspapers containing such of their proceedings and debates as have been published. You will find that the injury threatened to our navigation by the activity which the peace will give to foreign regulations, particularly to the countervailing Act of Great Britain, is among the first subjects which have engaged their attention. In what measures their deliberations will issue is uncertain. In the mean time it is thought proper that this Department should attend to the means of procuring information from the several foreign countries, having most commercial intercourse with this, concerning their respective discriminations in favour of their own navigation and to the disadvantage of ours. It is wished therefore, that you may, as soon as you can, ascertain those which have been established in Spain, whether they relate immediately to the vessel, as in the case of tonnage duties, light house duties &c, or to the cargo.
With a view to the convenience of this Office, I request you to cause your dispatches addressed to it, to be written on paper of uniform dimensions viz, 12½ inches long, and 7¾ broad with an inward margin of ¾ of an inch for stitching and an outward one of ½ an inch for the more complete preservation of the text. By an attention to these circumstances we shall be able to bind the Originals in suitable volumes, and to avoid the labour and inaccuracies incident to copying.
This will be put into the hands of Mr Campbell who is going, as I understand to Madrid, and who is represented by his friend Gel. Smith, as a gentleman on whom civilities will be properly bestowed. With the highest respect &c
James Madison

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

   Ross Campbell reached Madrid by 19 Mar. 1802 (Pinckney to JM, 20 Mar. 1802 [DNA: RG 59, DD, Spain, vol. 6]).


Title: To James Madison from John G. Jackson, 19 December 1801
From: Jackson, John G.
To: Madison, James

Dear Sir.Clarksburg Decr. 19th. 1801
Yours of the 27th. Ultimo covering the preliminaries of a Peace between England & France was duly received by the last Mail. I am at a loss for language sufficiently energetic to express my surprise at the adoption of those Articles on the part of G. B., manifestly dictated by the First Consul especially when I reflect that, that power was among the first to sanction the famous (or rather infamous) confederacy made at Pilnitz, to extirpate the Regicide Republic.
This terrible War which lasted ten Years & deluged almost half the World in blood affords another striking proof of the excellency of “the most stupendous fabric of human Wisdom” which declares that the King can do no wrong & makes him sole Arbiter of Peace or War. We have abundant reason to thank the genius who presides over the destinies of the U. S (viz the Vox populi) that we were not drawn into the destructive Vortex altho menaced with the wrath of God by Mr. Adams who impiously declared “the Finger of Heaven pointed to War” at a time when his Partizans were almost uncontrolable. We derive an awful Lesson from the ruinous Example of Great-Britain; & I hope by avoiding her mistaken policy, and adopting wise measures we shall be respected as a People; exhibit a desire to cultivate peace with all the World, & make the United States be justly considered as an asylum for the virtuous oppressed of all Nations.
I have not yet seen the address of the President to Congress, from which I anticipate much pleasure & satisfaction.
Mrs. J sends her best love to you & her Friends in the City. I beg you will add mine, & accept of the sincere regards of your mo. obt.
J G Jackson

   RC (NN). Cover marked “Private” by Jackson.

   Jackson quotes John Adams’s description of the English Constitution in Defence of the Constitutions of Government (C. F. Adams, Works of John Adams, 4:358).


Title: To James Madison from William Savage, 19 December 1801 (Abstract)
From: Savage, William
To: Madison, James

19 December 1801, Kingston, Jamaica. Has had no further news regarding arrival of French troops since his last. Americans who have been impressed are being discharged almost daily, but many are still held for want of papers. Will obtain their names and places of residence of their families and transmit them to JM. Those discharged have been clad only in “a Frock Trowsers & Hatt” and must be provided with clothes.

   RC (DNA: RG 59, CD, Kingston, Jamaica, vol. 1). 1 p.; marked duplicate. Postmarked New York, 22 Feb. Cover marked “⅌ the Brigantine Jupiter via NY.” Docketed by Wagner, with his notation, “list of impressed seamen.” Savage may have enclosed a “List of American Seamen on board the British Ships of War on the Jamaica Station,” dated 19 Dec. 1801 (ibid.; 3 pp.).

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


Title: To James Madison from Peter Stirling, 19 December 1801 (Abstract)
From: Stirling, Peter
To: Madison, James

19 December 1801, Barcelona. Encloses list of vessels in port since he began acting as consul. Acknowledges receipt of JM’s 1 Aug. circular letter. Believes Spanish market for West Indian produce will decline with peace.

   RC (DNA: RG 59, CD, Barcelona, vol. 1). 1 p. Enclosure not found.

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


Title: To James Madison from Caesar A. Rodney, 20 December 1801
From: Rodney, Caesar A.
To: Madison, James

Honored & Dear Sir,Wilmington Decr. 20th. 1801.
Notwithstanding the Opposers of the Republican Administration have prevailed on our Chancellor (whose age had rendered him an easy prey) to resign, & by that means have obtained the appointment of his successor who will be our present Atty. Genl. N. Ridgely whose place will also be filled by them they have contrary to my expectation & that of our friends determined I understand to dispute the election of Governor.
Their object is, & they have the numbers in the legislature to do it, to set aside Col: Hall’s return & establish their candidate Genl. N. Mitchell as the person having a majority of legal votes, as duly elected to the office of Governor.
Rely on it they had at one period totally abandoned the idea of controverting the election, & the late determination has I am convinced been made with a general veiw & in consequence of advice from other parts.
It is our duty to consult with the government on this subject, to inform them of the course we mean to take & the measures we mean to pursue, which shall be done when fixed on.
I regard it as a spasm in the last agony of the approaching dissolution of their power. But the consequences may be such as we may all deplore.
We must inculcate in every stage of the business prudence & moderation among our Republican bretheren, but at the same time a firmness which would do credit to the band of Leonidas. With great esteem & respect I remain Dr. Sir Yours Most Sincerely
C. A. Rodney

   RC (DLC). Sent as enclosure in Rodney to JM, 25 Dec. 1801.

   William Killen served as Delaware chancellor from 1792 until his resignation and replacement in December 1801 by Federalist Nicholas Ridgely. Though Republicans criticized his departure before the newly elected Republican governor assumed office, Killen believed it his duty to return the chancellorship to the party that had appointed him to it (Scharf, History of Delaware, 1:547–48).

   Employing a 1798 act prohibiting aliens from voting in state elections, Federalists apparently had planned to overturn Hall’s vote in the heavily Irish districts of New Castle County and thereby reverse his narrow victory (Munroe, Federalist Delaware, p. 210; Rodney to Jefferson, 27 Dec. 1801 [DLC: Jefferson Papers]).

   Leonidas I, king of Sparta, was the leader at Thermopylae where he and his troops defended the pass, fighting to the death against a far larger Persian force.


Title: To James Madison from William C. C. Claiborne, 20 December 1801 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

20 December 1801, Natchez. Has just received word that U.S. commissioners have concluded a treaty at Fort Adams with the Choctaw, who consented to a road through their lands to Tennessee; presumes construction will begin immediately. Large quantities of flour and other exports have passed by Natchez recently, demonstrating the increase of industry and wealth in the West. Mentions reports that the district, with a population of nine thousand, produced “an immense Revenue” of over $700,000 from cotton sales in 1801. The territorial legislature is engaged in reforming the judiciary, but Claiborne doubts that any change will result, because “there is a great difference between the Judges of the Supreme Court, & the People; one half of the Citizens, & perhaps a greater number, have no confidence in the Judiciary.” Anticipates unpleasant consequences for himself. Cites a recent superior court decision upholding falsely dated Spanish land grants made after the ratification of the treaty between Spain and the U.S. and denying the admission of “parole Testimony.” The legislature has contemplated a statute making such testimony admissible to invalidate certain Spanish land grants, but the measure was not pressed after he intimated to some members that he could not give his assent. Requests JM’s opinion on the issue of whether parole testimony should be admitted to disprove written records.
Expects the passage of a strong militia law, “which is really much wanting,” as the territory is undefended except for the regular troops at Fort Adams. Requests shipment of eight hundred rifles and muskets to sell to the residents, who are unarmed. “Until the Militia of this Territory, are well armed & disciplined, my mind will not be tranquil; Bordering upon the Dominions of a foreign Power, separated from the nearest State (Tennessee) by a Wilderness of 600 Miles in extent; in the Neighbourhood of numerous Savage Tribes, and with a population of Negroes, nearly equal to the number of whites; There exists no certainty for Peace.” States that the Spanish at New Orleans respect U.S. trade and are friendly to visiting Americans. Rumors continue that Louisiana and the Floridas have been ceded to France, and as proof “it is stated that the Fortifications at New Orleans, were of late much neglected, and going fast to decay.”

   Letterbook copy (Ms-Ar: Claiborne Executive Journal). 5 pp. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:27–31.


Title: To James Madison from Reuben Etting, 21 December 1801
From: Etting, Reuben
To: Madison, James

Baltimore December 21st 1801.
In Consequence of a letter I received from John Archer Esqr, saying that the Returns of the Census of Harford County were erroneous, I immediately went into the examination and found his suspicions well founded, which induced me to examine all the Returns of the different Assistants, several of which I found incorrect. I have therefore made out and forwarded you a Return which you will please receive in place of the one heretofore forwarded.
To be in time I was compelled to make my Return by the 1st September. I could not begin it until one day before as I had not received all the returns from the Assistants; for the cause of the mistake of Harford, I refer you to Robert Smith and Joseph Nicholson Esqs. Independent of all this I was only a few days in possession of any of the Returns. I am Yours with respect.
(signed)   Reuben Etting.

   Tr, two copies (DNA: RG 46, President’s Messages, 7A-E1; and DNA: RG 233, President’s Messages, 7A-D1). Jefferson forwarded the letter and enclosed return to Congress on 23 Dec. (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 1st sess., 20, 349).

   John Archer was a Republican presidential elector from Maryland in 1800 and served in Congress from 1801 to 1807 for the district that included Harford County (Papenfuse et al., Biographical Dictionary of the Maryland Legislature, 1:107).

   The corrected return is printed with Etting’s letter in Message from the President … Communicating a Letter from the Marshal of the State of Maryland, and a Return of the Census of That State … (Washington, 1801; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols. to date; New York, 1958—). 1510).

   Republican Joseph Hopper Nicholson (1770–1817), Maryland congressman from 1799 to 1806, was one of Jefferson’s staunchest supporters, having been carried to the House from his sickbed to vote during the presidential contest with Burr. A cousin of Gallatin’s wife, Hannah, he worked closely with John Randolph and Nathaniel Macon in the Republican House leadership until 1806 when he resigned to serve as a judge of the Maryland Court of Appeals.


Title: From James Madison to Elbridge Gerry, 22 December 1801
From: Madison, James
To: Gerry, Elbridge

Dear SirWashington Decr. 22. 1801
I have duly recd. yours covering a letter for Mr Skipwith, which I have put in company with some despatches just forwarded to Mr. Livingston.
I had long before recd. your favor of the 9th. Ult: on the subject of Mr. N. Fellows jr. whose name & pretensions I have laid before the President. The Consulate of the Havanna is not yet vacant, and it is uncertain what the policy of Spain may be with respect to it, now that peace has returned. Should it not be changed by this event, as it very probably will be, it is proper to apprize you, that very respectable competitors will be in the way of the young gentleman whom you name, & who is particularly recommended by Mr. Cushing. With respect to Mr. Cushing himself, I conceived favorably of him as [a] man of engaging manners, and possessed of information in reference to the Spanish Islands &c. but like many others, he must have made his conclusions too strong in supposing that I promised him my interest in his appointment to that place. A promise of that sort would not have been proper in that state of the matter, and was not justified by a sufficient knowledge of his character. In fact, I have made it a rule, which I am sure your knowledge of public business will approve, to mingle particular circumspection, with the proper civility, in conversations with those who have offices in view. It often happens however that the latter circumstance alone is regarded, and sometimes that it is converted by the wishes the hopes or the policy of the party into more that [sic] it means.
The French Govt. having ratified the Convention with an explanatory clause, the President thought proper to request the sanction of the Senate to the instrument with that ingredient. This Sanction has been given by ⅔ of the Body, and a proclamation has followed, which you will see in the Newspapers forthwith. Very sincerely I remain Dr Sir Your friend & servt
James Madison

   RC (PHi). Docketed by Gerry.

   Letter not found.

   Nathaniel Fellowes, Jr., never received the Havana appointment, although his hopes of filling it continued for several more years (see Nathaniel Fellowes [of Boston] to JM, 24 Aug. 1803, Perez Morton to JM, 25 June 1806, and Joseph Russell to JM, 12 Mar. 1806 [DNA: RG 59, LAR, 1801–9, filed under “Fellowes”]).


Title: From James Madison to Rufus King, 22 December 1801
From: Madison, James
To: King, Rufus

Sir.Department of State Washington Decemr. 22nd. 1801
In my last of the 10th. instant, I took occasion to remark to you the extensive injury threatened to our navigation by the countervailing act of Great Britain, the inconsistency of that act, in our judgment, with the true sense of the Treaty of 1794, and the several remedies for the case which occured for consideration; among which, that of a revision of the British act, and an adjustment of it to a more equitable rule was suggested, as an object proper to be sought by your immediate interposition with the British Government. The circumstances of haste and indisposition under which the letter was written rendered the developement of the subject so incomplete that it cannot be too soon resumed.
I must repeat that the treaty of 1794, in authorizing a countervailing duty on the part of Great Britain can be fairly understood to mean no more than that the navigation of the two Countries might be put on as equal a footing as it would have remained on, if the regulations of Congress to be countervailed, had never passed. This position does not appear to be susceptible of denial or of controversy. In order to re-establish such an equality, either of two courses would have been sufficient; first, that of repealing the regulations of Congress charged with introducing an inequality in our favour; or secondly that of enacting in Great Britain regulations countervailing or balancing the inequality, and consequently having the like effect of re-establishing an equality. As the first course, was not taken by the United States, and as that taken by Great Britain has produced a greater inequality in her favor than before existed against her, an important question now to be considered is, by what re-modification her countervailing act can be made to produce the just equality contemplated by the Treaty, in place of that transposed and augmented inequality resulting from the Act in its present form.
It seems clear, that the British Act in its present form has departed from the rule of justice and equality by making her own tariff instead of that of the United States, the basis of an act for countervailing and equalizing a discrimination founded on the latter tariff. The deviation, though leaving a sufficient advantage to the British navigation, would be more striking if the Act had adhered to the rigor of the British tariff, as the assumed construction of the Treaty would have authorized. The difference, for example of one shilling and six pence sterling per hundred pounds of Tobacco, might have been raised as high as five shillings Sterling, amounting to 12 or 15 dollars per Hogshead. Pig Iron is another example: The difference of six pence half penny per ton, might have been raised to more than 30 per cent of the value of the article. The British Tariff in general being much greater than that of the United States, one tenth of the former operating as a bounty in favor of British ships, must proportionally exceed the operation of one tenth of the latter in favor of American ships.
Another observation to be made is, that the British act, by imposing the countervailing burden on the productions of the United States has made it impossible to regulate it according to any principle of sufficient uniformity and equality in relation to the ships of the two countries. How compare together things so different as the merchandizes and manufactures of the one Country, with the heterogeneous productions of the other? In what mode is the value of the latter to be ascertained in British ports; as exactly as the value of the former is ascertained in the American ports? or if this difficulty should not be insurmountable, in the articles taxed according to their value; how, in what proportions, and by what classifications, are the American articles to be subjected to different rates in Great Britain corresponding with the different rates of 7½. 10. 12½ per cent &c assessed in the United States on the articles of Great Britain? or by what rule could an average of these rates, considering the inequality in value and bulk of the several classes of articles to which they are applied, be deduced, that would put the navigation of the two Countries on that bona fide equality which the Treaty requires? or again, laying aside all these perplexities, how is it possible, ever to find a practicable rule of comparison and equalization for articles taxed not according to value, but according to quantity; and where the quantity may be defined in articles on one side by weight, and in articles on the other side by measure, and in some instances without any precise reference to either.
In addition to these considerations, it is of decisive importance that the tendency of a countervailing regulation applied to the productions of the United States imported into Great Britain is to favor the carriage of them in British Bottoms; as the carriage of British manufactures in American Bottoms, is favored by the discriminating duty of the United States. Now as the productions of the United States from their bulky character, employ at least ten times the tonnage which is required for the exports of Great Britain and as it is always to be kept in view that the object of the Treaty was not to encourage or discourage the productions or manufactures, or even the commerce of either or both Countries, but merely to give a fair equality and competition to the vessels navigating between them, it follows both that an undue advantage accrues to the British navigation, and that the object of the Treaty is proportionally violated, by any discriminating burden on the productions of the United States which will give to British Bottoms a preference in the carriage of them. If a regulation of this sort could be just or within the meaning of the compact at all, it ought to be so contrived as to give a preference to the same number of British vessels in carrying the productions of the United States to Great Britain as there is of American vessels enjoying under our laws a preference in bringing British merchandize to the United States; that is to say, on the supposition that our exports to Great Britain employ ten times as many vessels as her exports to this country, that her countervailing regulation ought to secure to her vessels the carriage of one tenth only of our productions; or in any point of view, such a proportion only as would leave to the vessels of the United States as much of the carriage of our productions as with their carriage of the manufactures of Great Britain imported into this country, would divide equally between American and British vessels, the joint amount of the carriage between the two countries. It is manifest however, that no regulation could be so skilfully shaped as to produce such a result. And it is equally certain that the regulation actually adopted by Great Britain must have the effect of monopolizing the transportation of the whole mass of our bulky articles, whilst the most that can be hoped by the United States will be a monopoly for their vessels of British articles not amounting to one tenth of that bulk. Nay even this very unequal monopoly cannot be expected; because, of the many British vessels bound for our productions, it would often happen that some instead of coming in ballast, would take a cargo without freight or with little freight, and in that way increase the balance of their navigation against the American side of the account.
If these remarks be in any degree just, they must prove that with a view to a bona fide & practicable mode of imposing a countervailing duty, Great Britain must withdraw it from the American productions which are so various in themselves and so dissimilar to her articles of merchandize as to admit of no rational comparison between them for the purpose in question, as well as renounce the use of a tariff so much exceeding that which is the basis of our discriminating duty; and must seek for a countervailing rule, where alone it can be found viz: in the application of the same duty to the same objects which in the regulation of the United States produced the state of things which is to be countervailed. She must impose on her exports to this country in American bottoms, the same discrimination of 10 pr Cent as our law imposes on her exports to this country in British Bottoms. This will produce a real and precise countervailing effect, and this alone can produce one that will be real and precise.
To this expedient for redressing at once the existing inequality in favor of British bottoms, and the inequality in favor of American bottoms complained of at the date of the treaty, and provided against by that instrument, it may be objected that the American tariff applied to British articles in American ports, might not be applicable to the same articles on their leaving British ports. But it is probable that the adjustment of our tariff to the latter case, could be made with as little difficulty and in fewer words, than are now employed in the complicated regulations on this subject contained in the British Statute. It may also be objected that as American vessels bound with cargoes from Great Britain to the United States might clear out for other countries the additional duty of 10 per cent, might be eluded, and the British vessels thereby deprived of the benefits of the treaty. To this objection the answer is, that the abuse might be guarded against, by requiring in Great Britain security from American vessels that they shall produce a certificate of their having delivered their cargoes, elsewhere than in the ports of the United States; or by an engagement on the part of the United States to require from their vessels bringing cargoes from Great Britain a certificate of their having there paid the discriminating duty; or by both of these regulations. It may be further answered that however imperfect or inconvenient these precautions may be, they are less objectionable than the palpable violation of equality existing under the present countervailing act. Lastly it may be said by the British Administration that such a modification of the countervailing act, would be the same thing with a repeal of all discrimination, and that the latter as the more simple and convenient remedy, ought to be preferred. Should this be said, it will amount to an admission of the solidity of our objections to the present countervailing Act which works a very different effect, and will lead to the measure of repealing both that act and the act of Congress so far as they relate to the additional duty of 10 per cent. If this measure can be immediately accomplished, it claims a preference, on the whole, over any other expedient; and if the British Government is disposed to come into it, an act of Parliament can readily be passed with a clause suspending its operation, on a Proclamation to be issued by the Executive authority on due notice of a correspondent repeal by Congress. And Congress if so disposed, can also immediately pass an Act for the purpose with a like suspending clause. This may be the more expected, as it is probable the difficulty hinted in my last, as incident to a repeal of the discriminating duty here may be got over, and as such a proposition which you will find in the news-papers herewith sent, is now depending before the House of Representatives. In the mean time however until these concurrent repeals shall be put into force, our navigation will continue to suffer, unless some alleviating regulation can be obtained from the equity and liberal policy of the British government.
Were the Constitution not a barrier to duties on exports, it would not be very difficult for Congress to provide a remedy of themselves, by repealing the present discrimination on imports, and imposing on our exports in British Bottoms precisely the same duty, which her countervailing clause adds on the importation of them in American Bottoms into Great Britain. Such a measure could not be complained of by Great Britain, and the principle of it is exactly the same, with that of the measure above contended for as a necessary substitute for the present countervailing act of Great Britain, in case the better remedy of a repeal of the acts on both sides, cannot be put into immediate train.
From the view here taken of the subject it seems adviseable that you promote through the medium of proper representations and explanations to the British Government a repeal of the countervailing part of the British Statute, on the condition above stated, so far as respects the difference of 10 per Cent. With respect to the tonnage duty, which is made the same in its rate with that of ours and which in case the 10 per Cent duty be removed, is not likely to operate on more of our vessels than our tonnage duty will on British vessels, it may perhaps be well not to include that in the repeal, especially as it would have the effect of subtracting that much from our revenue. A better course will be if the British Parliament be pliant on the occasion for their repealing act to be so modified as to apply to one or both discriminations as may concur with the act of Congress, which also if Congress should view the subject in the same light can be modified in a similar manner.
The temptation of Great Britain to detain our Seamen in her service, having expired with the war, it is hoped there will be no difficulty in obtaining a general discharge of them, without the further trouble of proof or particular enquiry. And you will perceive the propriety of hastening the measure as much as possible for the sake of those who may be on board of Ships allotted for distant stations or services. Wherever these unfortunate people may be discharged, justice will require that their dues of every sort, be paid off, and their return to their own country be provided for.
The Convention with France has received the sanction requested from the Senate by the President, and his proclamation of it has issued accordingly. You will find it in one of the inclosed news-papers. With sentiments of the highest respect & consideration I remain Sir Your Most Ob. hble Servt
James Madison

   RC (PP); letterbook copy (DNA: RG 59, IM, vol. 6). RC in a clerk’s hand, except for JM’s complimentary close and signature; docketed by King as received 6 Feb.

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


Title: To James Madison from Sylvanus Bourne, 22 December 1801 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

22 December 1801. Forwards copy of 22 Dec. Leiden Gazette. “Some symptoms of discontent are said to have lately made their appearance in Paris among the late Generals of the french Armies who are now without employ—but it appears that means have been found to appease them.” Dutch government is operating smoothly under the new constitution; definitive treaty is expected to restore commercial prosperity.

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 1 p.; docketed by Wagner.

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


Title: To James Madison from Rufus King, 23 December 1801 (Abstract)
From: King, Rufus
To: Madison, James

23 December 1801, London. No. 45. Encloses copy of a letter from Lord Hawkesbury to Sir John Nicholl that has resulted in an order of restitution by the High Court of Admiralty in favor of all American vessels and cargoes detained on passage to Le Havre, except for the Frederick of New York and its cargo, the agents having brought that case to trial too soon. Conjectures the sentence may be reversed on appeal. Notes that the cases are interesting because the claimants had hoped against success, preferring to collect insurance rather than accept the greater loss that “will now attend the adventures from the fall of Markets in consequence of the Peace.”

   RC and enclosures (DNA: RG 59, DD, Great Britain, vol. 9); letterbook copy and copies of enclosures (NHi: Rufus King Papers, vol. 54). RC 1 p.; marked duplicate; in a clerk’s hand. Hawkesbury’s 24 Nov. letter to Sir John Nicholl (2 pp.) enclosed a list (1 p.) of nine American vessels seized for attempting to enter the blockaded port of Le Havre, eight of which were to be restored on payment of captors’ costs. RC and enclosed letter (misdated 23 Nov.) printed in King, Life and Correspondence of Rufus King, 4:41–42.


Title: From James Madison to Benjamin Rush, 23 December 1801
From: Madison, James
To: Rush, Benjamin

Letter not found. 23 December 1801, Washington. Offered for sale in Parke-Bernet Catalogue No. 484, “The Alexander Biddle Papers” (1943), pt. 2, item 200, which notes that the one-page letter “regards Dr. Rush’s son Richard who desired to visit Europe in the capacity of a private secretary to one of the American Ministers. Informs him that he will place the matter before the President.”


Title: To James Madison from Isaac Cox Barnet, 24 December 1801 (Abstract)
From: Barnet, Isaac Cox
To: Madison, James

24 December 1801, Bordeaux. Has sent by V. Dupont a duplicate of his 30 Oct. dispatch with his final account and a few lines dated 14 Dec. Expresses regret that he has not heard from State Department since 31 Mar. 1800. Refers to his past services as well as to his family and financial obligations. Public service has diverted his attention from his commercial affairs, and he is still in arrears owing to financial aid given to Americans. Fears that because of his refusal to “connive at abuses practised by some who [have] … respectable family connections in America,” such people have sought to injure his reputation. States that if he has been accused of any misconduct he should be allowed to vindicate himself. Declares his sympathy for the “sentiments which led America to Independence.” Will soon forward a statement of his advances to captured Americans and expenditures incurred in defending spoliation cases, which sums are not included in his former accounts. Expects reimbursement on the basis of the letters he received from the State Department of 15 Dec. 1798 and 31 Mar. 1800. Mentions that recent heavy rains endanger the crops and a severe frost may result in a grain and flour shortage next spring and summer. Market remains dull.

   RC (DNA: RG 59, CD, Bordeaux, vol. 1). 4 pp.

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


Title: To James Madison from David Humphreys, 25 December 1801
From: Humphreys, David
To: Madison, James

No. 298
SirMadrid Decr. 25th. 1801
In requesting you to be referred to my letter dated the 18th inst:, I have now the pleasure to inform you that Mr Pinckney is considerably better in health than he was at that date.
I enclose to you herewith the Sentence of the Supreme Council of War, in the Case of the Ship South Carolina, Paul Post Master, detained first by an English frigate, recaptured by a Spanish & French armed force, and condemned with the cargo, as a good prize to the benefit of the Captors by the Maritime Tribunal in Majorca. In my No. 269. of the 24th of March last, I gave an ample statement of this Case, together with my correspondence which had passed upon it with the first Minister of State of H. C. M. As this was transmitted by more than one conveyance (as all my Dispatches have been) I doubt not some of the copies must have reached the Department at present under your direction, altho’ the receipt has never been acknowledged. A recurrence to the arguments made use of in my correspondence will demonstrate with how little reason a twentieth part of the value of the Ship & Cargo, has been adjudged to the Recaptors. They, however, not satisfied, have applied for a revision. It is as yet uncertain whether this will be admitted. Captn. Post is decidedly of opinion that, but for my interference, the condemnation of the whole property would have been definitively confirmed.
The Captn. of a small French vessel, who has put into Sn Andar on account of the damage he received in a gale of wind, reports that he sailed with the great expedition from Brest for St Domingo, on the 13th of this month. The fleet, according to his relation, has 25,000 troops on board: and there are five Spanish Line of Battle Ships in it. With sentiments of perfect consideration & esteem, I have the honour to be Sir Your Mo: ob: & Mo: hble Servt
D. Humphreys.

   RC and enclosure (DNA: RG 59, DD, Spain, vol. 5). RC marked duplicate. Enclosure (2 pp.; in Spanish; docketed by Wagner as received in Humphreys’s no. 298) is a copy of the sentence in the case of the South Carolina, 7 Dec. 1801.

   See PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:43, 460 and n.


Title: To James Madison from John Morton, 25 December 1801 (Abstract)
From: Morton, John
To: Madison, James

25 December 1801, Havana. Announces 25 Dec. order banning all foreign vessels from Cuban ports, effective immediately. No warning of this action was given. Immediately sought audience with the governor to discuss final adjustment of American concerns and the situation of ships already en route but failed because of its being a holy day. Sends this information by a vessel that sails early the next morning so that JM can “give that publicity you may deem requisite.” Will immediately send circular letters to collectors himself.

   RC (DNA: RG 59, CD, Havana, vol. 1). 3 pp.; marked duplicate; sent with Morton’s 26 Dec. dispatch.

   For JM’s reaction to the original of this letter, see JM to Jedediah Huntington, 15 Jan. 1802. Both Morton’s circular letter announcing the closing of the Cuban ports and a notice from Thomas Stoughton, Spanish consul for New York, that American vessels trading with Cuba should apply to Spanish consuls for new regulations appeared in the National Intelligencer on 20 Jan. 1802.

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


Title: To James Madison from John Baptiste Sartori, 25 December 1801 (Abstract)
From: Sartori, John Baptiste
To: Madison, James

25 December 1801, Philadelphia. Refers to his letter informing JM of his arrival in the U.S. and of his deputation of his father to transact consular business in his absence. Finds that his stay will be longer than he had contemplated because of court delays in pending lawsuits “for the recovery of considerable property.” Requests permission to prolong his absence from Rome and authorization in an official letter for his father, Charles Sartori of Rome, to act as interim vice-consul.

   RC (DNA: RG 59, CD, Rome, vol. 1). 1 p.; docketed by Wagner with the date 25 Sept. 1801.

   Sartori to JM, 1 June 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:256). Although Sartori never returned to Rome, he maintained a proprietary interest in the consular post there for many years. On 27 July 1812 he wrote Monroe that recent orders on the part of the lieutenant general of Rome led him to fear that he and his father would lose the post “after near 15 years of service.” On 5 May 1823 he informed John Quincy Adams that he had left his brother Vincent to fill the office on his return to the U.S. in 1800 and a “Variety of Circumstances have prevented my return.” Having seen in the papers of the previous week that another consul had been appointed to the post, he requested “some light on this subject” so he would know what to tell his brother, who would be surprised at being replaced “after 22 years of Services rendered” (DNA: RG 59, CD, Rome, vol. 1).

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


Title: To James Madison from Josiah Blakeley, 26 December 1801 (Abstract)
From: Blakeley, Josiah
To: Madison, James

26 December 1801, Santiago de Cuba. Informed JM in a letter of 1 Nov. of his arrest and incarceration by Spanish authorities. Recounts the proceedings against him, at which the “whole city stood silent in wonder,” and his subsequent suffering. Finds it necessary to ask the president to support his demand that Spain compensate him for injuries and losses. Local governor allowed his release on bail on 25 Nov. Had hoped to transmit a statement of damages and testimony from local officials and residents of his good conduct, but since his release all the important inhabitants have been in a neighboring village celebrating religious holidays. Will transmit statements as soon as possible. Asks that JM inform the president of the contents of this letter.

   RC (DNA: RG 59, CD, Santiago de Cuba, vol. 1); Tr (DNA: RG 233, President’s Messages, 7A-D1). RC 2 pp.; docketed by Wagner as received 29 Jan. 1802. JM forwarded the Tr in his 18 Apr. 1802 report to Jefferson, who laid it before the House of Representatives on 20 Apr. (see ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:440, 444).

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


Title: To James Madison from John Morton, 26 December 1801 (Abstract)
From: Morton, John
To: Madison, James

26 December 1801. Has “obtained the detention of the Vessel till this morning” and has just had an interview with the governor by which it appears that “the stoppage of the Intercourse is conformable to an Order of His Majesty of Long standing, & repeatedly urged; but which this Administration ha⟨d⟩ found it necessary to evade until, by the communication of a Cessation of Hostiliti⟨es,⟩ their plea therefor was done away.” Governor promised, in confidence, to grant relief to vessels arriving in expectation of finding the ports open and also to allow Morton to continue exercising his functions, with caution and without publicity. Therefore, Morton expects less injury to American commerce than he at first had anticipated. “It remains to be determined” whether the inhabitants of Cuba will accept the loss of trade with the U.S. or if their representation at Madrid will have any weight.

   RC (DNA: RG 59, CD, Havana, vol. 1). 2 pp.; sent with Morton’s 25 Dec. dispatch; postmarked Norfolk, Virginia, 23 Jan. 1802.

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


Title: To James Madison from John Quincy Adams, 28 December 1801
From: Adams, John Quincy
To: Madison, James

Sir.Boston 28. Decr: 1801.
I now avail myself of your obliging permission, to transmit through you to Mr: Randolph the request for his certificate that the amount of the outfit allowed me on my mission to Holland, in the year 1794. was paid me in the manner I stated to you, when I had last the honour of seeing you at your office.
This request is supported by all the documents I have been able to collect, and you will please to observe, that for the whole sum, excepting the 100 dollars I received by a draught on the Bank of the United States, there is testimony under Mr: Randolph’s hand, to corroborate my statements and the entry in my books.
Under these circumstances I beg leave to remind you of the offer you were kind enough to make me, to add your recommendation to Mr: Randolph’s due attention to my request, when you send him my letter and its enclosures.
If Mr Randolph should send the certificate, I presume nothing further will be necessary for the settlement of that part of my account. But I must repeat what I suggested to you in personal conversation, that during my residence abroad I was expressly directed to account with the Department of State, for my salary and charges for contingent expences—that I did annually send my account to that department, and that upon the final settlement I hold myself accountable only to that department. I beg not to be understood as insisting upon this from a view to oppose the recent arrangements which make all the public servants abroad accountable immediately to the Treasury department, but I trust you will perceive the equity of a responsibility only to one of the two departments and not to both—of a responsibility understood when it was incurred, and not ex post facto created.
Neither will this, I flatter myself be considered as a trivial objection, when it is remembered that the difficulty made upon this point, arises from a charge in my first annual account—Sent to the Department of State in July 1795, and there received in December of the same year. This annual account gives credit only for 3100 dollars received from Mr: Randolph by the Banks of the United States at Philadelphia and Boston; and of course not for 4500 received personally from him. The charge made against me, founded upon my receipt, was not made untill several years after that period, and at a time when my account was in the possession of the Department of State. The auditor of the Treasury when I observed this to him, answered that he had never before seen or heard of this account of mine, and therefore could not be aware of its apparent variance from my receipt to Mr. Randolph. But this allegation cannot be made by the department of State, which had in possession the account as well as the receipt. I shall only add the remark, that during my residence abroad, I had no authority to call upon the Treasury for my personal demands, or to have any communication with that Department upon the subject. I am with sentiments of great esteem and respect, Sir, your very humble and obedt: Servt:

   Letterbook copy (MHi: Adams Papers).

   Adams’s 14 Dec. 1801 letter to Edmund Randolph requested the former secretary of state to attest that the sum of $1,400 Adams had received in Holland was part of his outfit and was included in the receipt for $4,500 Adams had signed and left with Randolph on 12 July 1794. Enclosed with the letter were certified copies of the original receipt and of Randolph’s 7 Aug. 1794 letter to the Amsterdam bankers authorizing them to give Adams the money (The Adams Papers [MHi microfilm edition; 608 reels; Boston, 1954–59], reel 132).

   After returning from Europe on 4 Sept. 1801, Adams traveled to Washington where he “paid my visits to the President and the heads of departments” during the week of 19 Oct. He dined with Jefferson and was “very civilly treated” by JM at the State Department (Adams to Rufus King, 13 Oct. 1801, Worthington Chauncey Ford, ed., Writings of John Quincy Adams [7 vols.; New York, 1913–17], 3:1; Adams to Thomas B. Adams, 24 Oct. 1801, Adams to Abigail Adams, 1 Nov. 1801, The Adams Papers [MHi microfilm ed.], reel 401).


Title: To James Madison from James Leander Cathcart, 28 December 1801 (Abstract)
From: Cathcart, James Leander
To: Madison, James

28 December 1801, Leghorn. No. 14. Sends enclosures “which will inform you of the trifling occurrences since my last.” Reports “we are amazingly fortunate that none of our merchant vessels have been captured,” as one of the Tripolitan cruisers has been as far west as Cartagena; President is at Toulon, George Washington at Naples, Philadelphia off Tripoli, and Essex guards cruisers at Gibraltar. George Washington is daily expected at Leghorn for convoy duty. Has seen a letter of 5 Dec. from O’Brien to Appleton reporting that all U.S. arrears, both in stores and cash, are paid up to 1801. Impatiently awaits instructions from the president “in the lively hope that the destruction of Tripoli is decreed in just detestation of the iniquity of its government and flattering myself that the new World will teach the old how to negociate with Tyrants.” In postscript adds that he forwards a letter from Barron to the secretary of the navy.

   RC and enclosures (DNA: RG 59, CD, Tripoli, vol. 2). RC 2 pp.; docketed by Wagner. Enclosures are Nicolai Christian Nissen’s 12 Nov. letter to Cathcart (2 pp.) stating that he had written a certificate for British consul Bryan McDonogh; Nissen’s 27 Oct. certification (1 p.) that there was no evidence McDonogh had acted contrary to U.S. interests since the war started; Cathcart’s 26 Nov. note to Eaton (1 p.) commenting on the above; Cathcart to Dale, 25 Nov. (2 pp.), enclosing a copy of a letter from Antoine Zuchet, Batavian chargé at Tripoli, 16 Nov. (2 pp.; in French), recounting the wretched conditions there; Cathcart to Barron, 27 Nov. (2 pp.), reporting movements of Tripolitan cruisers; Cathcart to Appleton, 21 Dec. (2 pp.), requesting that Appleton publicize an enclosed extract of a 4 Oct. letter from an anonymous “Gentleman at Tripoli” stating that two Tripolitan cruisers were about to sail; and Cathcart to Dale, 22 Dec. (1 p.), announcing that over twenty U.S. vessels were awaiting escort and enclosing a copy of his 21 Dec. letter to Appleton.

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

   Barron’s 10 Dec. letter to the secretary of the navy is printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:632–33.

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


Title: To James Madison from John M. Forbes, 28 December 1801 (Abstract)
From: Forbes, John M.
To: Madison, James

28 December 1801, New York. Announces that he has obtained the consent of every one of his creditors to his discharge under federal bankruptcy law and is now ready to go to any of the posts he named to which he may be assigned. Is unwell at present but will be able to go to Washington in a few weeks if necessary.

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

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


Title: To James Madison from David Humphreys, 28 December 1801 (Abstract)
From: Humphreys, David
To: Madison, James

28 December 1801, Madrid. No. 299. Transmits information just received from Swedish chargé that three Swedish frigates arrived at Málaga on 20 Dec. and after making some repairs they will proceed to blockade Tripoli. Hopes this measure will reduce the Barbary powers to reason. Reports that the American consul at Málaga has complained that American vessels arriving there have been placed under rigorous quarantine, notwithstanding their clean bills of health. Has given Pinckney all papers relating to the subject, including original certificates of health from New York port officers for a vessel put in quarantine. Hopes Pinckney soon will be well enough to be presented at court and to attend to public business. Mentions rumor that marriages will take place between the prince of Asturias and princess of Naples and between the prince of Naples and infanta Isabella, linking the Spanish and Neapolitan royal families. Encloses resolution of the Spanish council of war that calls for printing all papers relating to the case of the American ship Eliza, a measure calculated to continue the case twelve months longer.

   RC and enclosure (DNA: RG 59, DD, Spain, vol. 5). RC 2 pp.; marked duplicate; in a clerk’s hand, signed by Humphreys. Enclosure (1 p.; in Spanish) is a “Sentence passed by the Supreme Council of War in the case of the Ship Eliza, Elisha Turner Mr.,” 19 Dec. 1801. The Eliza of Boston had been detained at Algeciras on 13 June 1797 (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 5:40).