Title: To James Madison from George C. Morton, 27 May 1801
From: Morton, George C.
To: Madison, James

Sir,Havana 27th. May 1801.
Under date of 21st. April last and per United States Ship Delaware I had the honor of enclosing the answer of His Excellency the Governor & Captain General of this Island agreeably to the request of the Department of State of the 11th. of December—granting permission to Mr. John Hollins of Baltimore to visit this Island free from arrest in the suit between himself and a certain Ls. Gonet of this City.
I have since received an application, that Obliges me to refer to the Department for information and evidence, not only from the difficulty which attends it, but also from the difference of Consideration and weight it will have coming Officially than if procured privately.
Three Women state themselves to have been enticed away from Port-Tobacco State of Maryland as far back as the year 1791 by some Spaniards, with a description of this place being well adapted for poor people from the facility and cheapness of living—that on their arrival they were secretly landed and sold as Slaves—in which State two of them now remain, to free whom, evidence of their having been known to be white or free is only wanting. From their long absence—seperation from each other, and all oppertunities of speaking the language—the Youngest has entirely forgotten it—the second speaks well & the eldest perfectly, but whose age impairs her memory—still she is the most intelligent and her relation from her own mouth is as follows.
Monica Fletcher was born in St. Marys County state of Maryland between the years 1725 & 1730 was christened at New town, was married at the age of 23 or 24 by the Revd. Mr. Murphy to John Hicks a Barber by whom she had the daughter now here Jenny Hicks who was Christened in St Marys County—they afterwards moved to Port-tobacco where Jenny was married to Solomon Frederick a brick layer by a Roman Catholic Priest (name not recollected). Frederick appears to have been a Mulatto and slave to William Jones. They begot a daughter, also here, named Cecilia, baptized by the Revd. Mr. Hunter about the year 1784. Monica states herself to have lived a year on the plantation of John Hopp—then in the family of William Craik Esqr. near Port tobacco 5 or 6 months, and at the time of her leaving the Country on the Estate and Jenny in the family of Chandler Brent, near Port tobacco aforesaid. That she then took in sewing but had been Accustomed to assist families in Cooking &c. This is all that she can recollect and is very uncertain as to dates. She mentions several living Charactors as the above & Dr. Junifer, Wm. Barnes, John Guyem &c. She obtained her freedom about two years since but Jenny and Cecelia are still in slavery and the latter so confined as not to be seen. Their situation is very distressing and if their tale be found correct I presume it will be a sufficient apology for the trouble it Occations.
On a representation to the Governor, he ordered an enquery, which has brought to light the original Bill of sale of Jenney dated octr. 20th. 1791 by Juan Roig who brought her from Baltimore in the Schooner Sta: Margarita and sold her as bosal or savage, uncivilized.
The climate has had such an effect upon the two eldest ⟨a⟩s with me to ex[c]ite a doubt—others are more positive, as to their being white. To make an Official application without having sufficient proofs to establish their claim to freedom, would not only be expensive, but probably be the mean of defeating the object itself and reduce them to a still more dreadful state by secretly removing them beyond the search of Justice.
I hope Sir, that the nature of the Subject, will be sufficient apology for the length of the Communication, and the restoration to their freedom of two victims of Credulity and fraud and the exposure of so infamous a traffic, be Compensation for the trouble they Occation. In a Commercial or Political view nothing has occurred worthy attention. With the highest respect I have the honor to be, your most Obe. & very Humbe. Servt.
Geo. C. Morton Acting Consul U. ⟨S.⟩

   RC (DNA: RG 59, CD, Havana, vol. 1). Docketed by Wagner as received 17 June.


Title: To James Madison from Andrew Ellicott, 27 May 1801 (Abstract)
From: Ellicott, Andrew
To: Madison, James

27 May 1801, Philadelphia. Introduces Winthrop Sargent, “who as well as myself has been abused, and injured by a faction in the Mississippi Territory. I call it a faction, because with a few exceptions, it is composed of the most abandoned, and profligate part of the community, and consists of british subjects, discontented americans, and fugitives from justice.” Describes supporters of Sargent as being “with a few exceptions, the most respectable, and best informed inhabitants of the territory.”

   RC (DNA: RG 76, Southern Boundary, U.S. and Spain, vol. 3). 3 pp.; cover marked by Ellicott: “Hond. by Govr Sargent.” Printed in Carter, Territorial Papers, Mississippi, 5:126–27.


Title: To James Madison from John Dawson, 27 May 1801
From: Dawson, John
To: Madison, James

Letter not found. 27 May 1801, Paris. Mentioned in JM to Levi Lincoln, 25 July 1801, and JM to Monroe, 25 July 1801. Appearances indicate the convention will be ratified by France, but stage for formal ratification has not been reached.


Title: To James Madison from an Unidentified Correspondent, 28 May 1801
From:
To: Madison, James

Sir.Brownlow May 28h. 1801.
I hope to be pardoned for the liberty I now take in addressing you, when I declare that I am prompted thereto solely by a wish to See our country prosperous & happy. And however chimerical, at first view, the project may appear, which I am about to submit to your consideration; yet I am persuaded, that upon reflection, there is a possibility of its meeting with your approbation—I therefore am encouraged to proceed.
It has long been the wish of the friends of our agricultural & commercial interests, that the United States should possess a Port or Depot of their own, in the West Indies, for the numerous & valuable productions of our Country—Whereby we might avoid, in some measure, the vexations incident to Commerce & Navigation in that part of the world. At the present time, this must be the more desireable, as the recent conquest of the Neutral Islands, by Great Britain, will certainly have a tendendency [sic]to embarrass still more, that branch of our trade, which has already too long been carried on, under almost every possible disadvantage.
But where, & in what manner, shall we accomplish the object of our wishes?
It appears, Sir, that there is a small Island in the West Indies, most happily situated for the purpose above mentioned, and which may, in all probability, be obtained by the most easy, fair & honorable means. That is to say—by purchase. Or perhaps, under present circumstances, even by being asked for. It is one of the virgin Islands, known by the name of Bouriqueen, or Crab-Island—and of which, a celibrated writer, gives the following discription. “This Island is from eight to ten leagues in circumference, has a considerable number of hills; but they are neither barren, steep, nor very high. The soil of the plains & valies, which run between them, seems to be very fruitful; and is watered by a number of springs, the water of which is said to be excellent. Nature at the same time that she has denied it a harbour, has made it amends by a multitude of the finest bays that can be conceived. At every step some remains of plantations, rows of orange & lemon trees, are still found; and which make it evident that the Spaniards of Porto-Rico, who are not more than five or six leagues distant, had formerly setled there.” Spanish policy it seems, still keeps this promising Island without inhabitants—on account of which, the Writer above alluded to, censures them severely. “Too Idle” says he, “to prosecute cultivation, too Suspicious to admit industrious neighbours, they condemn Crab-Island to eternal solitude; they will neither inhabit it themselves, nor suffer any other Nation to inhabit it.” But it is more than probable that a change of circumstances, may produce a change of maxims & measures with the Spaniards: and that, as the British are now in possession of the adjacent Islands of St. Thomas’s & Santa Cruz, they will soon, in all probability, extend their views to Crab-Island also, and perhaps take possession of it by force. These considerations may possibly incline the court of Madrid, the more readily, to cede it to the United States, on reasonable terms—choosing, no doubt, to have a friendly power as a neighbour, in preference to a formidable & hostile Nation.
It appears that the Island of Santa Cruz (which is four times as large as Crab-Island) after having been long neglected by France & become destitute of inhabitants, was, in the year 1733. Sold to Denmark, for the moderate Sum of 738,000. livres—Something more than 30,000. pounds Sterling. A sum which is by no means equal to the cost of one of our Frigates. If Crab-Island could be obtained, even at the same price, the money, would certainly (in the estimation of every just and reasonable man) be applied to a much more useful & salutary purpose, than it would be was it vested in “floating batteries & Wooden walls,” the opinion of inflated Ambition, to the contrary notwithstanding. Besides—The Island might be parcelled out to individuals, so as to return to the Treasury, every farthing of the Original purchase money.
But I forbear to make any further remarks on the advantages which would result to the public from a possession of this kind, as I have already perhaps gone too far. An obscure individual cannot with propriety press his opinions on Administration—Nor could any thing have induced me to say thus much in my own proper character. The signature below, is fictitious. I have assumed it, merely to free myself from that restraint, which otherwise must have Oppressed or Silenced me. I wish too, by this harmless device, to satisfy you, that I am not fishing for favour or patronage—that, should the Island actually be purchased & even christened Barratoria, I do not calculate upon the honor of ever becoming Governor Sancho. To which let me add, that I am not engaged in any kind of nautical or commercial pursuits; but that I am really & truly, with the greatest respect Sir Your Most Obedient Hbe. Servt.
James T. Browne

   RC (DLC).

   As part of the British offensive against the League of Armed Neutrality early in 1801, naval forces under Admiral Sir John Thomas Duckworth seized the Danish and Swedish holdings in the West Indies on 22 Mar. (The Annual Register, or a View of the History, Politics, and Literature for the Year 1801 [London, 1802], p. 114).


Title: To James Madison from William Kirkpatrick, 28 May 1801 (Abstract)
From: Kirkpatrick, William
To: Madison, James

28 May 1801, Málaga. Transmits duplicate of 22 Apr. dispatch and recent O’Brien letter. Reiterates hope for American frigates to protect trade and force Tripoli to an accommodation. Reports twenty-six American merchantmen are detained at Barcelona; believes those at Alicante left safely. Discusses case of five American sailors who were on board British ketch Albanese seized by mutineers; notes that Spanish have not yet given them up but that he now doubts their original testimony and plans, if they are released, to return them to U.S. to be tried. Notes that Spanish quarantine of American vessels continues but that he has succeeded through American minister at Madrid in obtaining revocation of an order of early March levying retroactive duties on Spanish colonial produce imported on board American vessels since April 1799.

   RC and enclosures (DNA: RG 59, CD, Málaga, vol. 1). RC 3 pp.; docketed by Wagner as received 14 Aug. 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)., 1:476–77. O’Brien to Kirkpatrick, 12 May 1801 (1 p.), requested that Kirkpatrick relay enclosures to the secretary of state. They included: O’Brien to Smith, 9 Apr. 1801 (1 p.), announcing that the pasha of Tripoli had declared the treaty with the U.S. void; O’Brien to secretary of state and Smith, 5 Apr. 1801; and a copy of O’Brien to Cathcart, 13 Apr. 1801 (1 p.), stating that he had persuaded the dey of Algiers to write in support of the U.S. to the pasha of Tripoli (endorsed by O’Brien, “I have this day the 11th of May recd a letter from Consul Cathcart dated the 9th. of March nothing extra has transpired. The Corsairs of Tripoli was then nearly ready for sea”).

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


Title: To James Madison from Albert Gallatin, 28 May 1801
From: Gallatin, Albert
To: Madison, James

Letter not found. 28 May 1801. Mentioned in Gallatin to JM, 29 May 1801. Requests attested copy of Jefferson’s pardon of James T. Callender.


Title: To James Madison from Tobias Lear, 29 May 1801
From: Lear, Tobias
To: Madison, James

Dear Sir,Alexandria May 29th. 1801.
The Vessel in which I have engaged my passage from this place to St. Domingo, will be ready to sail on tuesday; and if she should be delay’d beyond that time, it will be at my expense. If it should be convenient for you to have my instructions prepared by Mond[a]y, I will be in the City on that day and receive them. I presume you will either hear from Mr. Thornton before that time, or that he will be in the City. The only points which at this moment occur to me are, that in my instructions, the Consulate powers may be recognized, as my Commission bears another title: and also that I should have the Consulate powers at Cape Francois (or Port Liberty) &c. as is usual, otherwise any emoluments to be derived from my Office might be only expectation.
As the mail is just closing for the City I can only add assurances of my most perfect respect & consideration
Tobias Lear.

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3). Docketed by Wagner.


Title: To James Madison from Sylvanus Bourne, 29 May 1801 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

29 May 1801, Amsterdam. Continues practice of sending the Leiden newspaper, which is generally impartial in reporting important political news. Recent events in Europe have produced a change in views and principles of some major powers, destroyed the old equilibrium, and made peaceful solutions more difficult. Presumes U.S. will try to avoid political relations with Europe but urges consideration of an arrangement with Russia that would give American ships access to Black Sea. Believes appointment of a U.S. “Commercial Agent for the Northern parts” of Europe would have salutary effect.

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 6 pp.

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


Title: To James Madison from Robert R. Livingston, 30 May 1801
From: Livingston, Robert R.
To: Madison, James

Dear SirWashington 30h. May 1801
Next to the pleasure of paying my respects to the President, & seeing my friends, my object in Visiting this place was to receive your instructions, & any information you may think it proper to afford me on the subject of my mission, as well as to assertain the time & manner of my departure, that I may make my domestic arrangments accord with them. I will do myself the honor to wait upon you at any time that you will be pleased to appoint for this purpose. I have the honor to be Dr Sir with the highest respect Your Most Obt hum: Servt
Robt R Livingston

   RC (DNA: RG 59, DD, France, vol. 8). Docketed by Wagner.


Title: To James Madison from Richard Cooper, 31 May 1801
From: Cooper, Richard
To: Madison, James

Sir,Cooperstown May 31st. 1801
I had the honor of receiving your letter of the 13th. inst. yesterday, in answer to mine of the 25th. ulto. I conclude you do not understand the agency in its true light—it was the intention of Congress to have a true statement of the valuable Copper Mines on our side of Lake Superior, and to know the disposition of the Indian tribes (to whom they belong) relative to selling a tract of Land to include them; and the President was requested, to procure such information; that the same could be submitted to Congress at their last session, he did not do this until October last—then my orders were to proceed as soon as convenient—to have proceeded in those high Latitudes in the Winter, would have been waisting the public money, besides, the letter to the Military Posts advising them to aid me in the undertaking, states that I was to proceed in the Spring; knowing that it was impossible to render service to Government in this business in the winter. The late Administration had no idea that the resolution of Congress was obsolete, because the President did not meet the request as early as he might have done, however I did not loose a day after I received the notice of my appointment—I obtained a Mineralogist at fifty dollars pr. month for the Summer—prepared mineing Tools and presents for the Indians—an expensive Boat constructed for the journey, and all kinds of Stores and Utensials necessary for such an undertaking many of which are perishing. I have put myself out of business and employed hands that have done the same, and we must be allowed. I had at the first opening of the Spring proceeded and was stopped on my way by orders, which I instantly obeyed: and as I am conscious of loosing no time; but in all things acting within my orders, I must request, that you will send me your order to pay such sums to the men as may be a just compensation; and that the Boat, Stores, Presents, Utensials and Provisions may be sold as the Governments. Whatever money may remain over my just demands, shall be restored to your order instantly, after the same is ascertained. I may add Sir, for the future operations of the Nation, that during the Winter I procured satisfactory information, that those Mines are invaluable to the United States. With great regard I have the honor to be Sir, Your very hble. servt.
(Signed)   Richd. Cooper

   Tr (DNA: RG 233, Presidential Messages, 7th Cong.). Marked “Copy.” Sent as enclosure in JM to Jefferson, 29 Mar. 1802 (ibid.).

   Richard Cooper was the eldest son of Federalist congressman William Cooper, founder of Cooperstown. New York, and the brother of James Fenimore Cooper.


Title: To James Madison from Sylvanus Bourne, June 1801
From: Bourne, Sylvanus
To: Madison, James

Sir—Consular Office of the U States Amsterdam June 1801.
In the letter which I had lately the honor to address you on the subject of our Consular Establishments, was contained a request for some aditional Compensation to our Consuls, especially as an equivalent for the injury they sustain by being considered to have forfeited their Rights & Privileges as Amn. Citizens if happening to reside in a Country at War with Another; it may therefore be proper to solicit the favor of your referring on this point to the memorial & documents accompanying it which I transmitted last fall to your Predeccessor & were by him laid before Govt.
I received letters from several Members of Congress which gave me to understand that the ill success of the Memorial must in a great degree be attributed to the very unfavorable moment of its presentation; that being towards the end of a short Session & when the public mind was greatly agitated by the question of the Election of President and they advised me to recall the matter at a more convenient period, which I now wish to do under the auspices of your kind patronage & protection—not doubting it wi⟨ll⟩ receive the attention it demands—& I am in sentiments of the greatest respect Yr Obt Servt
S: Bourne
PS. Please let one of your Clerks hand the inclosed to Mr Cranch as the contents are of importance.

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

   Bourne to JM, 5 May 1801.

   The memorial was presented to the House of Representatives on 20 Jan. and rejected on 2 Feb. (Journal of the House of Representatives of the United States, vol. 3 [Washington, 1826], 6th Cong., 2d sess., pp. 768, 782).

   William Cranch.


Title: From James Madison to Tobias Lear, 1 June 1801
From: Madison, James
To: Lear, Tobias

Sir,Department of State Washington 1st. June 1801
Herewith you will receive the commission under which you are to reside in St. Domingo, and a copy of the ordinary instructions given to Consuls. In the former you will observe that the title of your Predecessor is varied to that of General Commercial Agent &c. This change is understood however as having no effect either on the functions or advantages attached to your commission; but merely as a compliance with the language of the late Convention between the United States and the French Republic; and the dislike of the latter to the title of Consul to such agents, since the establishment of the present government in France. This explanation will no doubt be satisfactory, if any should be requisite.
Another change in the commission which may possibly be noticed, but on which if not noticed, you will of course be silent, is the omission of the words “I offering to do the same for all those who shall in like manner be recommended to me by the said powers and authorities.” These words were copied from the usual form of commissions given to Consuls. The late convention with the French Republic would render them particularly objectionable; and will supply an answer to any remarks that may be made on the omission.
As your commission is of a general nature, it is meant by the President that your functions may be exercised in whatever parts of the Island may be nearer to Cape Francois than to any port particularly assigned to another Agent.
No information having been received from Doctor Stevens since the law prohibiting commercial intercourse with the French Dominions expired, and the late Convention between the two Republics was ratified; it is not particularly known what impressions these events may have made, or what practical constructions may be put on them in relation to our commerce with St Domingo. You will consider it as a duty expected from you by the President to supply this defect of information as soon as your enquiries and observation shall furnish you with means for the purpose. In the mean time you will understand, 1st. that all arrangements by the Executive modifying our commercial intercourse with St Domingo under the authority of a temporary law were temporary also, and ceased to be obligatory when the law ceased. 2dly.—that the authority of the Executive is not now competent to renew or create any modifications whatever inconsistent with the latitude restored to our trade by the expiration of the said prohibitory act. 3dly.—that consequently the just restrictions to which our trade to that Island is now subject, can be such only as are drawn from the law of nations, from Treaties, or from the regulations of the Country itself. 4thly.—That the disposition of the United States is not less than their obligation to respect every restriction derived from those sources, and particularly from the last of them. 5th.—That in proportion as they feel this disposition, and discharge this obligation, will be their right and their confidence, in expecting that no interruption or vexation will be given to their commerce, whilst pursuing its legitimate course. 6th.—That keeping these considerations in view, you will conform to the intentions of the President, by an amicable and conciliatory line of conduct, regulated by the principles of neutrality, towards all powers internally or externally connected with the Island.
You will, on your arrival, consult of course with Doctor Stevens, and obtain from him all such useful information as he may be able to give, and all such public letters and papers, as belong to the station you are to fill. I have the honor, Sir, to be With much respect Your most obed. servt.
James Madison

   RC (owned by Stephen Decatur, Garden City, N.Y., 1958); letterbook copy (DNA: RG 59, IC, vol. 1); Tr (NHi: Robert R. Livingston Papers). RC in a clerk’s hand, complimentary close and inside address in Wagner’s hand, signed by JM. Tr marked by Wagner: “3. & 4 / Commission & Insts. to Mr. Lear”; docketed by Livingston. Enclosures not found, but for the standing instructions to consuls, see JM’s circular letter of 10 June 1801.

   For the background of Lear’s appointment, see Avoiding the Maelstrom of Saint-Domingue, 1 May–1 June 1801.

   Article 10 of the convention stipulated that the two parties were free “to appoint commercial agents for the protection of trade” (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:465).

   Normally the president preceded this phrase with the expressed hope that the U.S. commercial representative would receive “all proper countenance and assistance” from the host government (DNA: RG 59, Commissions, vol. B, p. 339). By omitting the “I offering to do the same” reference the administration underscored its refusal to recognize Saint-Domingue’s independence.

   The last extension of the act prohibiting trade with France and its colonies, an outgrowth of the undeclared naval war with France, expired 3 Mar. 1801 (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:10–11).


Title: From James Madison to James Monroe, 1 June 1801
From: Madison, James
To: Monroe, James

Dear SirWashington June 1. 1801
I have recd. your favor of the 23 Ult. Callendar made his appearance here some days ago in the same temper which is described in your letter. He seems implacable towards the principal object of his complaints and not to be satisfied in any respect, without an office. It has been my lot to bear the burden of receiving & repelling his claims. What feelings may have been excited by my plain dealing with him I cannot say, but am inclined to think he has been brought by it to some reflections which will be useful to him. It is impossible however to reason concerning a man, whose imagination & passions have been so fermented. Do you know too, that besides his other passions, he is under the tyranny of that of love. Strange as it may appear, this came out, under a charge of secresy, in a way that renders the fact unquestionable. The object of his flame is in Richd. I did not ask her name; but presume her to be young, beautiful in his eyes at least, and in a sphere above him. He has flattered himself & probably been flattered by others into a persuasion that the emoluments & reputation of a post office, would obtain her in marriage. Of these recommendations however he is sent back in despair. With respect to the fine even I fear that delays, if nothing more may still torment him & lead him to torment others. The case stands thus. Randolph, had sent on, but not settled his accounts, in which there was a credit to the U. S. for the amt. of the fine. In settling the accts the credit is struck out, & the controller has notified him, that the 200 dollrs. are to be paid to Callander. Whether he will do it without a suit, is the question. If he will not, and the result can be anticipated, in any way, it will be fortunate, as Callendar’s irritation produced by his wants, is whetted constantly by his suspicion that the difficulties, if not intended, are the offspring of indifference in those who have interposed in his behalf. I can not but hope that the late Marshall will see the propriety of not opposing the order of the Treasury Dept. There was certainly no pretext for his refusal at all to refund the money, as I understand his own statement leaves him a debtor of abt. 1660 drs. & that of the Treasury dept. abt. 2500 drs. to the U. States.
You see by the papers that our Mediterranean trade is in jeopardy if not attacked, and that the arrears of stipulated remittances are urged as the ground of complaint. Whether this be or be not more than a pretext, it is certainly extraordinary that the arrears shd. have been suffered so to accumulate. From Europe in general we hear little more than what you see in print. It is said that Portugal is presented with the alternative of shutting her ports vs G. B. & receiving a F. or Spanish Garrison, or of being annexed & Guaranteed as a province to Spain. The legations to that Country & Batavia, are to be abolished. The letters &c. for the purpose to go to Smith & Murray, will be ready for the signature of the P. on Monday.
Intelligence has come thro’ several channels, which makes it probable that Louisiana has been ceded to France. This is but little wonderful considering the calculations, into which F. has been led by the transactions for several years back. You will readily view this subject in all its aspects. If any ideas occur on it that can be of service, favor us with them.
Remind Mr. Randolph if you please, that I have never yet heard from him in answer to my enquiries on several points—particularly the practicability & method of getting sold a partnership Mill of value. I understand it is doubted by some Lawyer in Richd. (Mr. Wickham probably) whether a suit will effect it, as long as the separate property of the partners is sufficient. I am afraid the delay has already diminished the chance of an advantageous sale, should a decree be attainable.
Mrs. M. joins in the most respectful salutations to Mrs. Monroe & yourself. Adieu Yrs. Affly
James Madison

   RC (DLC). Cover marked private by JM.

   See Callender to JM, 27 Apr. 1801, n. 5.


Title: From James Madison to William Vans Murray, 1 June 1801
From: Madison, James
To: Murray, William Vans

Sir,Department of State Washington 1st. June 1801
The President being desirous of diminishing expense whenever economy can be reconciled with the Public good and thinking it expedient also that our diplomatic connections with Europe should be limited to cases indispensably requiring them, has concluded to discontinue the establishment of a Public Minister at the Hague. This measure is the more convenient at the present moment as no Minister from that Court resides, at this time, in the United States and the delicacy of personal considerations is thereby excluded.
In conformity to this determination of the President you will herewith receive the customary letter announcing his permission of your return to the United States which you will present without any unnecessary delay.
In your audience of leave, it is the wish and instruction of the President, that you improve the occasion for impressing on the Government of the Batavian Republic, by the strongest assurances the friendly sentiments of the United States, and their desire to foster and extend the advantages resulting from a perfect harmony and liberal intercourse between the two Countries.
The purpose of the President not to send a successor can be better explained on informal occasions. You will in making the explanation, be careful only to guard against any possible suspicion of unfriendly or disrespectful motives on the part of the President and against any renewal on the part of the Batavian Government of a diplomatic mission to the United States in expectation of a correspondent mission from them. I have the honor to be &c.
James Madison

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


Title: To James Madison from Thomas W. Fox, 1 June 1801
From: Fox, Thomas W.
To: Madison, James

Esteemed FriendFalmouth 1st. June 1801.
I beg leave to inform thee that there has lately been detained & sent into this port & Plymouth several Vessels under the American Flag, their Names &c. I take the freedom to send thee annexed—most of them I expect will be liberated very shortly—indeed the Owners of most of their Cargos obtained a Licence to permit these Vessels to load the Cargos & to discharge at Guernsey.
The American Seamen hereaway are generaly protected from the Press & Ships under the American Flag are much saught after, tho most of the Masters are affraid to go up the Mediterranean from the prospect of Hostilities with some of the Barbary powers.

A large Quantity of American Flour has been sold at 56/.s @ 70/.s ⅌ Barrel in the last Month, & had it not been for the large quantity of this article arriving from the United States I expect prices would have got up again. This part of the Nation is very tranqui⟨l.⟩
A great number of Ships touch here from the United States of America for orders and are permitted to proceed to any part of Europe the concerned chuse to order them. I am very respectfully Thy assured Friends

for Rob: W. Fox
Thos: W. Fox

   RC and enclosure (DNA: RG 59, CD, Falmouth, vol. 1). RC docketed by Wagner as received 28 July. The enclosed list included ten vessels (1 p.).


Title: To James Madison from Albert Gallatin, 1 June 1801
From: Gallatin, Albert
To: Madison, James

Treasury Department 1st June 1801
The Secretary of the Treasury has the honor to return to the Secretary of State Mr Pichon’s letter, and to send also sundry papers on the same subject with the remarks of the Comptroller endorsed on the same.
The only objection to paying the specie part of the debt & the interest on the funded part is the demand we have against France for advances made to the Refugees of San Domingo.
Those advances were made in the year 1794 without the consent of the French Govt. having been obtained. On the 16th June 1795, the account of the United States with France was settled and a balance of more than two millions of dollars in certificates paid by the U. States. Hence it is obvious that unless an assumption on the part of the French Govt. has taken place since that time, it cannot be understood by this Govt. that we have any right to charge them for it. It does not appear from the files of this Department that any such assumption has taken place. The Secretary of State is respectfully requested to examine whether any trace of such assumption appears in his Department. If none shall be found, there will not be any objection in this Department to settle the business in conformity to Mr Pichon’s request.
Indeed, it seems to be understood, that the refusal of paying was owing to the state of hostilities then existing between the two nations; and the Supplies to the emigrants of San Domingo used as a plausible reason when it was not thought altogether eligible to disclose the true one.
In answer to the other enquiry of the Secretary of State, the Secy. of the Treasury has the honor to inform him, that the Collectors of Customs have never received instructions to refuse clearances for any foreign port, except in conformity to specific Acts of Congress for that purpose.

   RC and enclosures (DNA: RG 59, ML). For enclosures, see n. 2.

   See Pichon to JM, 18 May 1801. Pichon had earlier served as secretary of legation in Philadelphia and then secretary to the French commissioners who negotiated the Convention of 1800. In October 1800 Napoleon named him commissary general at Philadelphia and chargé d’affaires in Washington, to serve in the latter post until a minister could be named (Brant, MadisonIrving Brant, James Madison (6 vols.; Indianapolis and New York, 1941–61)., 4:59; Hill, William Vans Murray, p. 178; Pichon’s commission, enclosed with Pichon to JM, 6 Nov. 1801 [DNA: RG 59, NFL, France, vol. 1]).

   Gallatin enclosed two sheets from the Treasury Department, each signed by Joseph Nourse, registrar, and bearing on the verso a short note by John Steele, comptroller. One paper, dated 23 May 1801, listed debits to the French government amounting to $15,000 for monies that in 1794 had been paid to agents in various states toward the relief of Saint-Domingue refugees. The other sheet, dated 25 May 1801, recapitulated credits to the French Republic as of 28 Dec. 1798: $11,022.03 in specie and $6,964.23 in 3 percent treasury bonds bearing interest since 1 Jan. 1791.

   By an act of 12 Feb. 1794 Congress allocated $15,000 to relieve refugees from the black insurrection in Saint-Domingue. This amount, provisionally billed to the French, was “subject to such future arrangements as shall be made thereon, between the government of the United States and the said Republic”; the act provided that unless within six months the French government through its agents authorized this charge the refugee relief would end (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 6:13).


Title: To James Madison from Rufus King, 1 June 1801
From: King, Rufus
To: Madison, James

No. 20.
Dear Sir,London, June 1. 1801.
Annexed I send you the copy of a letter which I have just received from Lord Hawkesbury on the subject of the Depredations upon our Trade in the West-Indies. As there can be no objection to it’s publication, you will perhaps think it advisable to have the Letter and it’s enclosures printed in our news papers, by which means it will reach the West-Indies, and be seen by those whose abuses it seems intended to restrain.
Two days ago, by Lord Hawkesbury’s request I waited upon him in Downing Street, where he informed me that having understood that we were about to send a small squadron of frigates into the Mediterranean for the protection of our Trade against the Barbary Powers, he had received the King’s commands to state to me for the information of the President, that His Majesty had given orders that the Ports of Gibraltar, Minorca & Malta should be open to our Ships of war, and that they should moreover be supplied from His Majesty’s Magazines in those Ports, with whatever their necessities might from time to time require. I of course made my acknowledgments for this friendly communication, and added that I would immediately transmit it to you for the President’s information.
On this occasion among other topics of conversation, his Lordship introduced the subject of Louisiana. He had from different quarters received information of its cession to France and very unreservedly expressed the reluctance with which they should be led to acquiesce in a measure that might be followed by the most important consequences: the acquisition might enable France to extend her influence and perhaps her Dominion up the Mississippi and thro’ the Lakes even to Canada. This would be realising the plan to prevent the accomplishment of which the seven years war took place; besides the vicinity of the Floridas to the West Indies and the Facility with which the Trade of the latter might be interrupted and the Islands even invaded should the transfer be made were strong reasons why England must be unwilling that this territory should pass under the dominion of France. As I could not mistake his Lordship’s object in speaking to me upon this subject, I had no difficulty nor reserve in expressing my private sentiments respecting it, taking for my text, the observation of Montesquieu, “that it is happy for trading Powers, that God has permitted Turks and Spaniards to be in the world since of all nations they are the most proper to possess a great Empire with insignificance.” The purport of what I said was, that we are content that the Floridas remain in the hands of Spain but should be unwilling to see them transferred except to ourselves. With perfect Respect & Esteem, I have the honour to be, Dr Sir, your obedt & faithful servt.
Rufus King

[Enclosure]

Report of the King’s Advocate

My Lord DukeLincoln’s Inn fields 23d. May 1801.
I am honored with your Grace’s Letter of the 19th. Inst. transmitting to me several Papers which have been communicated to your Grace by Lord Hawkesbury, from his Majesty’s Chargé d’Affaires in America with a direction to take them into consideration, and to report to your Grace, for His Majesty’s Information, my opinion, whether in consequence of what is contained in the extract of Mr. Thornton’s Letter to Lord Grenville, especially that part of it which states “a principle to have been lately adopted in the Courts of Vice-Admiralty at Jamaica and Providence, that no commerce would be permitted between a belligerent and neutral Nation in the Vessels of the latter but such as had been authorized previously to the commencement of hostilities” it would be adviseable to make any or what communications to the Vice-Admiralty Courts at Jamaica and the Bahamas for their guidance & direction.

In obedience to your Grace’s commands I have considered the Papers referred to me, and I have the honor to report that the principle stated to have been lately adopted in the Courts of Vice Admiralty at Jamaica and Providence, is directly in opposition to the decisions daily passing in the High Court of Admiralty, and the Court of Appeal. It has been held by the Tribunals of this Country, that Neutrals cannot be admitted by the Enemy, under the pressure of War, to carry on his Colonial Trade, from which in time of Peace they were wholly excluded. But this principle may be, and has been on account of special circumstances during the present Hostilities, to a certain degree relaxed.
His Majesty’s Instructions of January 1798 only order that Vessels shall be brought in for legal Adjudication, which are coming directly from the Enemy’s Colonies to Europe, and not being bound to England or a Port of their own Country. A Trade between the Neutral Country and the Enemy’s Colonies is now clearly permitted. Colonial Produce, actually imported into the neutral Country, may also be re-exported from thence to any other place, even to the Mother-Country of that Colony of which it is the produce. His Majesty’s existing Instructions are therefore the rule by which at present the Judges of the Vice Admiralty Courts ought to govern themselves; and I humbly apprehend, that it would be adviseable to convey to the Courts referred to a direction to that effect; as the application of the more extended principle, upon which they are represented to act, may be productive, not only of much injustice but of great publick inconvenience. I have the honour to be &ca.
J. Nicholl

   RC and enclosures (DNA: RG 59, DD, Great Britain, vol. 9). RC marked duplicate; in a clerk’s hand, signed by King; docketed by Wagner as received 6 Aug., but a copy was received by 25 July (see JM to Lincoln, 25 July 1801). Italicized words were written in code; key not found. Interlinear decoding in clerks’ hands. Enclosures not printed here are copies of Hawkesbury to King, 30 May 1801 (1 p.), and John King to George Hammond, 27 May 1801 (1 p.). See also n. 1.

   King’s enclosures apparently included a copy of a letter from the duke of Portland to the lords commissioners of the Admiralty, 27 May 1801, attached to the report of the king’s advocate. Portland’s letter directed the vice-admiralty courts to be guided by the rules of law expounded in the advocate’s report. Both the letter and the report were printed in the National Intelligencer, 27 July 1801.

   John Nicholl, a British member of the commission authorized by article 7 of the Jay treaty, was an expert in maritime law (Robert Ernst, Rufus King: American Federalist [Chapel Hill, N.C., 1968], p. 244).


Title: To James Madison from William Vans Murray, 1 June 1801
From: Murray, William Vans
To: Madison, James

No. 1.
SirParis. 1st. June 1801
Having left the Hague the 22d, I arrived here the 25th. ulto. in the Evening.
The next day Mr. Dawson delivered to me the Instructions, a Letter of Credence from the President to the first Consul and a Copy of the Convention with the Ratification by the President. Every Account from London mentions the Departure of Mr. Ellsworth for America.
On the same Day I called upon Mr Talleyrand. Not finding him at home, I addressed No. 1. to him; and as he is much at Auteüil, I did not receive No. 2. till the 31st, when I sent No. 3, and to day No. 4.
To day at Three I went to see him, agreeably to Appointment. He received me politely; I stated to him that I came by Order of the President to exchange the Ratifications of the Convention lately signed here, and begged him to name a Day for that Purpose, informing him that I had a Copy of my Letter of Credence in my Pocket. He informed me that Joseph Bonaparte, Fleurieu and Roederer, would see me on the Subject, and said, on my pressing for an early Day, that these Gentlemen should receive Instructions immediately to proceed on the Business with me. I took this Opportunity as the one intended to say to him, that I was commanded by the President to request him to convey to his Government, les Assurances de L’Amitié des Etats unis pour la France, et que le Président saisira toutes les Occasions pour lui témoigner ses Dispositions de cultiver l’harmonie et la bonne Intelligence, par une Observance de toutes les Attentions et de tous les Procédés fondés sur le Respect et la Justice, qui sont en Usage entre les Nations, en tout ce qui pourrait arriver entre les Deux Gouvernemens, et en donnant toujours les Preuves d’une veritable Amitié et de faveur, aiant Egard à la Justice due aux autres. He assured me that these Sentiments were reciprocal on the Part of the first Consul; as to the Letter of Credence he observed that it would be proper to deliver it at the public Audience on the 17th. Prairial—the 6th. inst. I informed him that the Convention was in a Course of Execution in the United States in all its Points, and that we expected no Difficulty in the Exchange, immediately after which a Minister would come here. He repeated that the Commission Joseph Bonaparte, Fleurieu and Roederer would talk with me on the Subject. If Appearances without Words can give a Clue to what should be anticipated, I believe that they will accept the Ratification, but will make some Difficulties for the Credit of apparent Sacrifice on their Part. The Defeat of the Northern Coalition will doubtless operate in our favour. Had that succeeded or even continued, new Conditions had probably been held up, as the Price of their Acceptance of the Ratification.
Mr. Talleyrand in parting assured me that Joseph Bonaparte, as the Head of the French Commission should be immediately written to—and on my urging an early Day, he said the Business should not suffer any Longueurs.
They are crowded with Negociations. Count Cobenzl is much at Mortfontaine treating, it is presumed, on the Indemnities which rise out of the Treaty of Luneville. Ministers from almost every State in Germany are here. These Circumstances, and especially that Joseph Bonaparte who is at the Head of their Commission for treating with the United States, is also their Plenipotentiary to treat with Count Cobenzl, will I fear, Sir, throw some little Delay. I shall endeavour to hasten the Exchange by every Attention. I have the Honour to be with great Respect Sir Your most obedient Servant
W. V. Murray.

   RC and enclosures (DNA: RG 59, DD, Netherlands, vol. 4). RC addressed to Lincoln as acting secretary of state; in a clerk’s hand, signed by Murray; docketed by Wagner as received 10 Sept. Enclosures (4 pp.) are copies of notes relating to diplomatic etiquette; enclosures nos. 2–4 are filed after Murray to [JM], 9 June 1801.


Title: To James Madison from Richard Peters, 1 June 1801
From: Peters, Richard
To: Madison, James

Dear SirPhilada. June 1. 1801
I have been much engaged since the Reciept of your Favour, enclosing Robinson’s Cases, & Strickland’s Observations on American Agriculture. I return you my grateful Acknowledgments for your Kindness & Attention.
It was with Difficulty I prevailed on the Printer to continue the Publication of Robinson’s Cases. It is a Work much interesting to the Citizens of these United States, diplomatic, juridical, mercantile &ca. Yet the Printer declares he has not been paid for the Impression of the first Volume. I thought the Trade of Book printing was more profitable, than from this Specimen it appears to be.
I have not had Time to give Strickland’s Observations an attentive Perusal. I have read it slightly; & it appears less exceptionable, than most of such Kind of Itineraries. There are many Truths; some unpleasant, & others encouraging. There are also many Errors & among them general Conclusions drawn from partial Premises—the Mistake of all Travellers. I will take it with me to the Country & perhaps make some Remarks on it. There are few of the Works of these Birds of Passage thro’ our Country, worth spending Time or Ink in noting their Censures or Praize. I had frequent Occasion to percieve the Frivolity & Injustice of many European Travellers thro’ these States, in Genl Washington’s Time; he having often desired me to assist him in the Labour he was obliged to submit to, of answering Letters Enquiries & Observations, made by such Inquisitive, & generally prejudiced People. Mr Strickland however appears to have more Integrity of Intention & more Desire to attain Truth than the whole Tribe, whose Productions I have seen. A silly Book written by one Weld & one more so by Liancourt have done us much Mischeif in Europe, in Point of Character. I knew both these Book Makers; & neither is qualified to do Justice to any Subject. Weld took Advantage of the Licentia itineraria, & lies very freely. Liancourt was credulous, & forever lost in small & pitiful Enquiries into Details, not worth knowing—& from whence Conclusions, on an extensive Scale, ought not to have been drawn. I am with sincere Esteem your very obedt Servt
Richard Peters

   RC (ViU).

   Letter not found.

   JM probably enclosed volume two of Sir Christopher Robinson, Reports of Cases Argued and Determined in the High Court of Admiralty … (6 vols.; London, 1799–1808). The work was reprinted in Philadelphia by James Humphreys, 1800–1810.

   See Lincoln to JM, 16 Apr. 1801, and n. 2.

   Isaac Weld, Travels through the States of North America and the Provinces of Upper and Lower Canada during the Years 1795, 1796, and 1797 (London, 1799).

   François Alexandre Frédéric, duc de La Rochefoucauld-Liancourt, Voyage dans les Etats-Unis d’Amérique fait en 1795, 1796, et 1797 (8 vols.; Paris, 1799).

   Richard Peters was in 1782–83 a member of Congress and JM’s like-minded colleague. In 1792 Washington appointed him to the federal district court bench (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11—, Charlottesville, Va., 1977—)., 3:307 n. 4, 7:335–37; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:97).


Title: From James Madison to William Loughton Smith, 1 June 1801 (Abstract)
From: Madison, James
To: Smith, William Loughton

1 June 1801, Department of State. Recalls Smith for reasons of economy; requests him to assure Portuguese government of American friendly sentiments.

   Letterbook copy (DNA: RG 59, IC, vol. 1). 2 pp. Virtually a copy of JM’s letter of the same day to William Vans Murray.


Title: To James Madison from Jacob Mayer, 1 June 1801 (Abstract)
From: Mayer, Jacob
To: Madison, James

1 June 1801, Washington. Requests that care be taken with documents left with JM; has taken no copies of them.

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3). 1 p.; docketed by a clerk, with the notation: “accompanying sundry documents with his statement, which he wishes to be carefuly preserved” (see Mayer to JM, 23 May 1801).

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


Title: To James Madison from John Baptiste Sartori, 1 June 1801 (Abstract)
From: Sartori, John Baptiste
To: Madison, James

1 June 1801, Philadelphia. Explains that private business has required his return to the U.S. Before his departure, he appointed his father vice-consul in Rome and Stefano Desplas vice-consul at Civitavecchia, “the principal Port in the Roman Territory.” Requests that his absence be excused. Has today received a letter from Desplas of 10 Mar. reporting Tripoli’s threat of a declaration of war if “Customary Tribute” had not arrived by 15 Apr. Encloses a list of American vessels entering Civitavecchia in 1800.

   RC (DNA: RG 59, CD, Rome, vol. 1). 2 pp. Enclosure not found. The Senate had approved Adams’s nomination of Sartori as consul at Rome on 26 June 1797 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:247).

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


Title: Circular Letter to Federal District Attorneys, 2 June 1801
From: Madison, James
To:

Sir,Department of State, Washington June 2d. 1801.
I am directed by the President to obtain thro’ you information of the Causes which have been decided, as well as of those now depending in the Circuit Court for the district of Rhode Island—prior to the fifteenth day of June 1801. You will therefore please to procure and transmit as soon as convenient extracts of the Docket of such causes, classing them according to the nature of the suits, and distinguishing them according to the terms of the Court. You will also please to certify the expense, if any, which may be incurred in so doing, that it may be defrayed. I am, very respectfully Sir Your Most Obedt. servant
James Madison

   RC (RPJCB). Addressed to David Howell; in a clerk’s hand, signed by JM. Howell’s commission was enclosed in this letter or one of the same date (see Howell to JM, 15 June 1801).

   “Rhode Island” added by Wagner.

   JM sent similar letters to all district attorneys (see DNA: RG 59, ML, and ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Misc., 1:319–25, for their returns).


Title: From James Madison to Edward Stevens, 2 June 1801
From: Madison, James
To: Stevens, Edward

Sir,Department of State Washington, 2 June 1801
Your letter of January 6th. 1801 containing a resignation of the appointment you have held in St. Domingo, having been received and the resignation accepted by the President, Tobias Lear Esqr. has been commissioned as your successor. The delay in his relieving you has been produced by circumstances which unavoidably had that effect. It will be particularly regretted if in its consequences it should have exposed you to any further increase of your indisposition. Mr. Lear is instructed to ask from you whatever useful information relating to the theatre of his functions you may have it in your power to give, and to receive from you the documents and papers belonging to the station which he is to fill. To these acts of form, your own disposition will I am persuaded superadd all the polite and friendly attentions, to which he is entitled. I have the honor to be, &c. &c.
James Madison

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


Title: To James Madison from Isaac Cox Barnet, 2 June 1801 (Abstract)
From: Barnet, Isaac Cox
To: Madison, James

2 June 1801, Bordeaux. Refers JM to enclosures in his 20 Mar. letter related to sentencing of three U.S. sailors to twenty-four years in chains. Reports sentence has been upheld; encloses copy of letter from minister of marine [not found]. Suggests matter must be negotiated by future U.S. minister to France. Sentence has not been executed yet; men remain in prison. In duplicate of previous letter, sent note on Captain Clifton, who has since been arrested at Corunna; particulars are enclosed. Capt. William Corran arrived at Bordeaux 21 May with schooner Mary from Ireland. Twenty-three U.S. vessels have arrived since 10 Apr., nineteen from U.S. with cargoes; however, market is dull. Mediterranean situation should attract produce. Has no reports of Tripolitan captures of U.S. ships. Twenty seamen have recently arrived from Barcelona, making a total of thirty needing support and means of returning to U.S. Has written and sent enclosed circular to masters of vessels in Bordeaux and addressed Dawson on subject. Arrival of first U.S. vessel was also day of local peace celebration (10 Apr.); exchanged best wishes with department prefect and other officials. Several U.S. sailors have been sent to Rochefort to sail with Admiral Bruix’s fleet; encloses letter from one. More seamen arrived in French merchantman; M. Pelletreau and he have failed to obtain their release; encloses copies of letters. Hopes Mountflorence’s efforts have been more successful. Complains of activities of crew and owners of brig Sally of Beverly and sends enclosure on same. Will continue confinement of Captain Burley until reply from Dawson or Murray; has also written to Williams at London. Learns that Dawson was well received by French government; transmits letter from Dawson. Has still received no letter from JM, but strictly follows Jefferson’s instructions.

   RC and enclosures (DNA: RG 59, CD, Bordeaux, vol. 1). RC 10 pp.; in a clerk’s hand, addressed and signed by Barnet; docketed by Wagner as received 26 July, with his notation: “Extracts for Mr. Livingston.” Numbered enclosures, partly in French, relate to officers and crews of the American ships Otter, Jefferson, Sally, and Paragon and also concern U.S. citizens impressed for service on board British vessel. Enclosure no. 6 tells of the difficulties encountered with Captain Burley of the Sally.

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


Title: To James Madison from Thomas Appleton, 3 June 1801 (Abstract)
From: Appleton, Thomas
To: Madison, James

3 June 1801, Leghorn. Notes that in consequence of Cathcart’s circular letters warning of a war with Tripoli an embargo has been laid on American vessels in Leghorn harbor. Cathcart’s arrival in Leghorn has confirmed the propriety of the measure. Has transmitted Cathcart’s letters to other American consulates in Italy, Spain, and France. Encloses copy of Cathcart’s 2 June circular on Barbary situation. The French still occupy Italy. The new king of Etruria is expected to arrive next month. The king of Sardinia has fled to Sicily. No official information from Egypt, but unofficial news indicates that British army has reembarked. Ganteaume left Leghorn a fortnight ago to disembark troops in eastern Africa and go by desert to Alexandria. Adds in postscript that news from Malta contradicts report of British withdrawal from Egypt.

   RC and enclosure (DNA: RG 59, CD, Leghorn, vol. 1). RC 5 pp.; docketed by Wagner as received 26 Sept. Enclosure 4 pp.

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


Title: To James Madison from Carlos Martínez de Yrujo, 4 June 1801
From: Yrujo, Carlos Martínez de
To: Madison, James

SirPhiladelphia 4 June 1801. &c. &c.
On the 12th. Novr. last I communicated to this Government, thro’ Mr. John Marshall, the complaint which the Captain General of the Island of Cuba made against Capt. Mullowny of the sloop of war of the United States, the Ganges, and requesting the corresponding satisfaction: the said Secretary of State answered me on the 21st. of the same month of Novr. that the subject would be examined, and that the President of the U.S. would take the measures the case should require: but I am not yet informed of the steps taken for this purpose nor of their result. Wherefore, and in consideration of an order of the King my master, which enjoins it upon me to renew that complaint to this Government and to ask for the due satisfaction, I pray you to examine the premises and to present them anew to the President. For this purpose I renew &c.
Carlos Mrtnz de Yrujo

   Translation of RC (DNA: RG 59, NFL, Spain, vol. 2). RC in Spanish; this is Wagner’s translation as it appears in the margin.

   Lt. John Mullowny and the U.S. ship Ganges captured the French privateer La Fortune in late July 1800 along the shoreline not far from the Cuban harbor of Matanzas. Mullowny was discharged from service in October 1801 as part of the naval reduction plan (Knox, Naval Documents, Quasi-WarDudley W. Knox, ed., Naval Documents Related to the Quasi-War between the United States and France (7 vols.; Washington, 1935–38)., 6:195–97, 7:341).


Title: To James Madison from James Leander Cathcart, 4 June 1801 (Abstract)
From: Cathcart, James Leander
To: Madison, James

4 June 1801, Leghorn. No. 7. Explains why, departing Tripoli, he sailed to Leghorn [where he arrived 2 June] rather than Tunis: he feared attacks from Tripolitan cruisers, believed communications from Europe to U.S. more direct, and hoped at Leghorn to determine the reaction of Swedish crown to pasha’s demand of tribute. Renders account of financial transactions since 14 May, complaining of corruption in consular circles at Tripoli, and reports that he entrusted American affairs there to Danish consul, Nissen. Encloses copies of note he sent British consul McDonogh and one received from Nissen upon his departure. Reports landing at Malta to circulate letters warning U.S. ships of Tripolitan declaration of war. Recounts details of escape from Tripoli and describes his ship’s being boarded and pillaged off Sicily by hostile Tunisians. Also encloses copy of letter addressed to Appleton.

   RC and enclosures (DNA: RG 59, CD, Tripoli, vol. 2); FC (CSmH: Eaton Papers); FC (NN: Cathcart Papers). RC 9 pp.; addressed to Marshall; docketed by Wagner as received 26 Sept. Abridged version 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)., 1:479. Enclosure no. 1 is a copy of Cathcart to McDonogh, 15 May 1801 (1 p.), castigating McDonogh for not forwarding Cathcart’s letters. Enclosure no. 2 is Nissen’s agreement of 21 and 22 May 1801 to act on Cathcart’s behalf in collecting his loan of 1,929 piasters to Leon Farfara and Firmato Abram Serusi (1 p.; in Italian and French). Enclosure no. 3 is Cathcart to Appleton, 2 June 1801 (4 pp.), discussing strength of Tripolitan naval forces and dire consequences of capture.

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


Title: To James Madison from John Morton, 4 June 1801 (Abstract)
From: Morton, John
To: Madison, James

4 June 1801, Georgetown. Explains reasons for his consent to diversionary trip the U.S. vessel Warren took from Havana to Veracruz. Its replacement ship for Cuban duty, Ganges, was en route to the station. No French vessels had been seen off Cuban coast for several months, nor were they expected. It was common knowledge in Havana that a considerable amount of American property was detained at Veracruz, awaiting a safe conveyance. Earlier, secretary of navy had indicated a public ship would be sent to Veracruz when one could be spared. Purpose of Warren voyage was discussed with General Wilkinson and Captain Perry of the General Greene, both then in Havana, and neither thought the diversion of Warren improper. If captain of Warren was involved in “private collusion” or acted improperly, he did so without Morton’s knowledge or consent. Had tried to explain his part in the business to John Adams but failed to see him last autumn in Boston. Seeks reappointment and will obtain further proofs of his fidelity if required to do so.

   RC (DNA: RG 59, CD, Havana, vol. 1). 7 pp.

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


Title: To James Madison from William Sharpe, 5 June 1801
From: Sharpe, William
To: Madison, James

Sir
Statesville Iredell County June 5th 1801
Soon after parting with you at Philadelphia in October 1781 I applied myself to the study and afterward to the practice of the Law. I have lately, in a great measure, declined public business.
I observe that by the sixty second Chapter of the first session of the sixth Congress, the President of the United States is authorised to defray the expence of holding a treaty or treaties with the Indians south of the river Ohio &c. In case the President should judge it expedient to carry that act into operation and think proper to appoint me one of the commissioners, I would execute the trust with pleasure.
Once I served as a commissioner from North Carolina with Colo. Preston and Christie from Virginia at the long Island on Holstien treating with the Cherokee’s in 1777—and have by me copies of, nearly, all the Indian treaties in America for upward of fifty years—therefore possess means of information on that subject beyond most of men.
A few lines from you would be highly gratifying. With great este[e]m and respect I am Sir Your most Obedient Humble Servant
Wm: Sharpe

   RC (DLC).

   For the text and a discussion of the agreement between Cherokee Indians and commissioners from Virginia (who included colonels William Preston and William Christian) and North Carolina, see Archibald Henderson, “The Treaty of Long Island of Holston, July, 1777,” N.C. Historical Review, 8 (1931): 55–116. By this pact the Overhill Cherokee tribe ceded all its territory east of the Blue Ridge Mountains and granted whites a corridor through western Virginia and North Carolina to the Cumberland Gap.

   William Sharpe, born in Maryland, had treated with the Cherokee at the Long Island conference and then served as a delegate to Congress from North Carolina between 1779 and October 1781, when he and JM shared several committee assignments. Later he sat briefly in the lower house of the North Carolina assembly (ibid., 8:61; PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11—, Charlottesville, Va., 1977—)., 3:78–79, 4:273 n. 3).


Title: To James Madison from Aedanus Burke, 5 June 1801 (Abstract)
From: Burke, Aedanus
To: Madison, James

5 June 1801, Charleston. Introduces Mr. Brown, “an English Gentleman who has resided amoung us in this City for two or three years past, and who stands in great respect and estimation in the Circle he mixed in.”

   RC (DLC). 1 p.


Title: To James Madison from William Loughton Smith, 5 June 1801 (Abstract)
From: Smith, William Loughton
To: Madison, James

5 June 1801, Lisbon. No. 48. Received on 24 May, from Humphreys, enclosed communications from Barbary “of an old date,” along with O’Brien’s 5 Apr. circular letter; observes of war with Tripoli: “I entertain a hope that the Evil will not be very extensive, and that by the chastisement of that Regency we shall consolidate our peace with those of Algiers and Tunis.” Encloses translation of Portuguese declaration of war against Spain. Reports that hostilities on frontiers continue with mixed success; news from Egypt is that British army is encamped outside Alexandria.

   RC and enclosures (DNA: RG 59, DD, Portugal, vol. 5). RC 3 pp.; in a clerk’s hand, signed by Smith; docketed by Wagner. Enclosures 11 pp.


Title: To James Madison from Carlos Martínez de Yrujo, 5 June 1801 (Abstract)
From: Yrujo, Carlos Martínez de
To: Madison, James

5 June 1801, Philadelphia. Upon Joseph Ignatius de Viar’s resignation as Spanish consul general, Yrujo appointed James Thomas Stoughton consul of New York and Felipe Fatio consul of Pennsylvania. Requests president’s permission for them to perform their duties.

   RC (DNA: RG 360, Papers of the Continental Congress, item 129). 1 p.; in Spanish.


Title: From James Madison to Tench Coxe, 5 June 1801
From: Madison, James
To: Coxe, Tench

Letter not found. 5 June 1801. Acknowledged in Coxe to JM, 11 June 1801. Discusses Jacob Mayer’s recent visit to Washington (see Mayer to JM, 23 May and 1 June 1801). The date and contents coincide with a three-page letter from JM to an unnamed correspondent offered for sale by Parke-Bernet Galleries and described by them as including JM’s complaints of ill health, his cryptic discussion of a controversy involving the State Department, his mention of receipt of a lengthy memorial on behalf of one of the parties, and references to delays in matters of Pennsylvania interest (Parke-Bernet Catalogue No. 2297 [13 Oct. 1964], item 25; Parke-Bernet Catalogue No. 2419 [22 Mar. 1966], item 79).


Title: To James Madison from John Gavino, 6 June 1801 (Abstract)
From: Gavino, John
To: Madison, James

6 June 1801, Gibraltar. No. 64. Transmits duplicates of previous dispatch, no. 63, and of O’Brien’s 5 Apr. letter to him and his to O’Brien of 10 May. Has received no answer yet. Brig Hope from Baltimore bound for Trieste with coffee, sugar, and pepper is detained at Gibraltar, as is brig Hunter of Baltimore from Alicante with cargo of barrilla for Dublin. Commander of latter informs him of five Tripolitan cruisers on coast of Catalonia.

   RC (DNA: RG 59, CD, Gibraltar, vol. 2). 2 pp.; docketed by Wagner as received 8 Aug.

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


Title: To James Madison from Joseph M. Yznardy, 6 June 1801 (Abstract)
From: Yznardy, Joseph M.
To: Madison, James

6 June 1801, Baltimore. Regrets that the financial records JM requested in 14 May letter are not among his papers at Philadelphia. Plans to depart for Havana soon. Promises on his arrival there to transmit them immediately.

   RC (DNA: RG 59, CD, Cádiz, vol. 1). 1 p.; docketed by Wagner as received 11 June.

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


Title: To James Madison from James C. Mountflorence, 7 June 1801 (Abstract)
From: Mountflorence, James C.
To: Madison, James

7 June 1801, Paris. Reports that his letters from Bordeaux inform him of capture of five U.S. vessels by Tripolitan cruisers. Twenty-four ships at Barcelona now await convoy; nearly fifty crew members of these have crossed overland to Bordeaux. Was requested by John R. Livingston of New York to ask French government to restore his ship Nancy and cargo; minister of marine readily acceded. Encloses copy of answer to application. Same minister continues to order, on Mountflorence’s requests, the release of every U.S. seaman found on board British vessels.

   RC (DNA: RG 59, CD, Paris, vol. 1). 1 p.; docketed by Wagner as received 31 Aug. Enclosure not found.

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


Title: The Struggle to Maintain Neutrality, 8 June 1801 (Editorial Note)
From:
To:

Editorial Note
As an avowed neutral country, the United States had treaty obligations and friendly intentions in foreign commerce that collided during JM’s first year as secretary of state. Even in July, after he and the president left Washington for their summer routine in Virginia, British complaints forced the two men to elaborate on American policy toward belligerents in eastern ports. The issue was complicated by the practice of privateering, which made any clear distinction between public and private vessels—men-of-war and merchantmen—difficult to draw. Furthermore, both Britain and France endeavored to use their treaties with the United States to gain naval superiority in the Atlantic.
Precedents in this business had been established by Jefferson as secretary of state in 1793, when conflict between the great powers was renewed. Jefferson then took a position of “fair and secure neutrality” within the framework of the 1778 Treaty of Amity and Commerce with France, where article 17 granted French warships, privateers, and their prizes exclusive and free use of American ports, and article 22 prohibited enemies of France from outfitting privateers in those harbors. Jefferson had then argued that the treaty with France did not prevent the United States from applying this last stricture against it as well: neither Britain nor France was to use American harbors as naval bases. Jefferson and President Washington also denied the authority of French consuls to adjudicate prize cases and forbade French ships—in effect any belligerents—from capturing prizes within American waters. The treaty obligation to admit French public ships to American ports, Jefferson wrote the British minister, did not exclude those of other powers from likewise making minor repairs, resupplying with nonmilitary necessities, or taking brief refuge in distress (Jefferson to Washington, 16 May 1793, Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 6:257–58; see also Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:16–17, 19–20; Genet to Jefferson, 9 July 1793, Jefferson to George Hammond, 9 Sept. 1793, Hamilton to collectors of customs, 4 Aug. 1793, letters between Jefferson and foreign ministers, ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 1:140–41, 141–88, 163, 176; cabinet opinion on privateers and prizes, Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 6:344–45, 370–71; U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:381–84).
Although by definition privateers were vessels carrying letters of marque and reprisal, Jefferson drew a fine distinction between active privateers and those belligerent vessels carrying such commissions but not, upon entering American waters, exhibiting evidence of warlike activity. Referring to the British ships Jane and Swallow—both armed and resting in American ports without prizes—Jefferson maintained that their character was peaceful, their purpose for the time being commercial only. A merchant vessel carrying a letter of marque and prepared for self-defense, he wrote the French government in mid–1793, was no more a privateer “than a husbandman following his plough, in time of war, with a knife or pistol in his pocket, is thereby made a soldier.” No treaty, he insisted, could be construed so as to ruin an ally’s valuable foreign trade. Armed merchantmen or “letters of marque” would be allowed to trade in American ports, but while there they could not strengthen their armaments (Jefferson to Gouverneur Morris, 16 Aug. 1793, ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 1:169; see also extract, French consul, New York, to Genet, 18 June 1793, and Genet to Jefferson, 9 July 1793, ibid., 1:159, 163; Treasury Department circular, 22 Aug. 1793 [DNA: RG 36, Boston and Charlestown, Mass., Letters Received from the Treasury, 1789–1899, vol. 4]).
Several events over the next eight years threatened to upset the “equal footing” Jefferson sought in 1793. First there was the Jay treaty, signed after Jefferson’s resignation from office. Article 24—closing American ports to the privateers of British enemies for the purposes of arming or outfitting themselves or selling their prizes—contained no contradiction of American neutral policy. Article 25, however, seemingly granted the British concessions that the United States in its French treaties had promised only to France and denied the French what the United States had furnished them earlier. Permitting only short-term, emergency refuge to “such as have made a Prize upon the Subjects or Citizens” of Britain, the article entitled British warships and privateers with their captives to enter and leave American ports freely. An artful clause noted that nothing in the treaty should be “construed or operate contrary to former and existing Public Treaties with other Sovereigns or States.” When in July 1798 Congress responded to naval hostilities with France by dissolving the 1778 agreements with that country, the issue remained murky because Britain then expected articles 24 and 25 of the Jay accord to enlist American officials in the struggle against French privateering (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:262; Treasury Department circular to the collectors of the customs, 30 June 1796 [DNA: RG 36, Boston and Charlestown, Mass., Letters Received from the Treasury, 1789–1899, vol. 4]; U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:578; Robert Smith to Jefferson, 7 Aug. 1801 [DLC: Jefferson Papers]).
Discussions between June and October 1801 gave the British chargé ample opportunity to test the new administration. On 4 June a Spanish armed merchantman, the Santa Escolastica, entered the Delaware River with a British prize in tow and quietly unloaded part of her cargo. Soon afterward Thornton reminded JM that articles 24 and 25 of the Jay treaty required her expulsion; by bringing in a prize, this vessel, belonging to an ally of France, had assumed the character of a privateer and did not therefore fall under the 1793 Jane and Swallow precedents. Thornton complained on 23 July that he had seen newspaper accounts of another prize case, this one truly unique, involving the British snow Windsor. Loaded with 122 French, Swedish, and Danish prisoners of war, the ship had been headed for home in June when the captives seized control during a storm and took her into Boston. Thornton saw no ambiguity. The Windsor had been captured largely by Frenchmen, and the United States, no longer bound by treaty with France to allow the ship into port, was obliged by article 25 of the British treaty to expel her. In notes of 24 July and 16 August, calling attention to two more cases, Thornton again urged JM to apply the Jay treaty. The French armed ship Beguine had violated American neutrality by strengthening her armament while berthed at Boston. A Spanish privateer reportedly had carried a British prize into Portland, Maine.
JM and the president tried to place their response to Thornton’s petitions on a plane above the Jay treaty, hoping to avoid favoritism toward Britain in the absence of a ratified agreement with France. The government ordered the captain of the Spanish privateer to send off his British prize immediately. Thornton protested that the Jay treaty required the departure of capturer as well; the Spanish minister argued that as a damaged vessel she was entitled to safe harbor under the Pinckney treaty. She was allowed to complete off-loading of her American-owned cargo and to make nonmilitary repairs. From the treasury office and the collector at Boston JM learned that the Beguine had not multiplied her guns or crew while visiting there, and Thornton was informed of those findings (JM to Thornton, 12 June and 12 July 1801; Yrujo to JM, 16 and 19 June 1801; George Latimer to Gallatin, 16 and 18 June 1801, and Yrujo to Latimer, 18 June 1801 [DNA: RG 59, NFL, Spain, vol. 2]; Gallatin to Latimer, 3 July 1801 [DNA: RG 59, ML]; Thornton to JM, 24 July 1801; Gallatin to JM, and enclosures, 20 Aug. 1801 [DNA: RG 59, ML]; Wagner to JM, 24 Aug. 1801 [DLC]; Jefferson to Gallatin, 14 Aug. 1801 [NHi: Gallatin Papers], and 28 Aug. 1801, Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:85–87).
Jefferson at first hoped to postpone the Windsor case. Only after receiving Thornton’s 1 August letter supplying more information did the president recommend turning away the ship as a French prize—a British vessel captured “from within itself.” JM may not have disagreed with him, but having Jefferson’s permission to compose “any other answer you may think best,” the secretary of state, evidently with Gallatin’s collaboration, attempted once again to circumvent the Jay treaty while responding to the British complaint. Ordering the Windsor out of port, Gallatin wrote the Boston port collector that, “although treaties may have given to several nations a right to send in our ports their prizes, without their being detained seized or adjudicated, no right exists for them to remain beyond a reasonable time, if disagreeable to us; and that it is neither our duty nor our interest to grant to prizes made on our coast, & which can hardly be considered in any better light than indirect depredations on our commerce[,] any further indulgence than is strictly enjoined by the obligations of treaties & the law of nations or by the dictates of humanity.” In this statement there lay a clear message. The American government would not give sanctuary to belligerent ships that jeopardized its policy of neutrality toward the warring nations (Thornton to JM, 1 Aug. 1801 [DNA: RG 59, NFL, Great Britain, vol. 2]; Jefferson to JM, 13 Aug. 1801 [DLC: Rives Collection, Madison Papers], and 22 Aug. 1801 [DLC]; Jefferson to Gallatin, 28 Aug. 1801, Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:86–87; Gallatin to Benjamin Lincoln, 3 Sept. 1801 [NHi: Gallatin Papers]; Thornton to JM, 11 Nov. 1801 [DNA: RG 59, NFL, Great Britain, vol. 2]).


Title: To James Madison from Edward Thornton, 8 June 1801
From: Thornton, Edward
To: Madison, James

Sir,
Philadelphia 8th June 1801.
I have the honour of informing you that about ten days ago a Spanish Ship armed and commissioned, as it is said, with letters of marque and reprisal entered the River Delaware with a small British vessel her prize, and after performing the usual quarantine has been allowed to proceed together with her prize to Philadelphia. My absence at Washington and the silence of the public prints prevented me from learning this Event until my return; and I find that the Spanish Ship has been permitted in the mean time to enter at the Custom House and to land her cargo.
Although a vessel armed for commerce and war, and having made no prize on His Majesty’s subjects, may be permitted to land and sell her cargo in the ports of the United States, the ship in question can lay no claim to this privilege. By the act of capturing an enemy vessel, she has assumed the character of a privateer, has exposed herself as such to the penalty of immediate exclusion, stipulated in the twenty fourth and twenty fifth Articles of the Treaty of 1794 between His Majesty and the United States, and of course can receive no permission to land or to dispose of any part of her cargo.
The Ship, as I learn from the English prisoners, is in perfect condition to repair to the nearest port of the Spanish dominions, and was not driven into the Delaware by any stress of weather.
I have the honour therefore of requesting, Sir, that you will lay these facts before the President, and of expressing my hope, that he will be pleased not only to issue orders for the immediate exclusion of the vessel and her prize from the American harbours, but that he will adopt such measures as may appear to his wisdom the best calculated to effect the reshipment of the cargo and the prevention of similar irregularities in future. I have the honour to be with perfect truth and respect, Sir, Your most obedient humble servant,
Edwd Thornton.

   RC (DNA: RG 59, NFL, Great Britain, vol. 2); Tr (PRO: Foreign Office, ser. 5, 32:132–33). RC docketed by JM.

   The Santa Escolastica (DNA: RG 36, Register of Arrivals, Philadelphia).


Title: To James Madison from Rufus King, 8 June 1801 (Abstract)
From: King, Rufus
To: Madison, James

8 June 1801, London. No. 21. Reports George III sufficiently recovered from illness to tend to public business, but not “with his former assiduity.” Believes French position in Egypt increasingly precarious and British relations with northern powers improving. Suggests that Swedes and Danes willing to secure for the U.S. “by Treaty every limitation of the Right of Search, which England might consent to with any other nation.” Notes preparations for French invasion of Great Britain. British prospects are for a good harvest. “Bread will however continue to be dear till November. Such of our Merchants as ship flour at the high prices, and after the 25th. of March will be losers, though the Profits of the year will be great to the Country.”

   RC (DNA: RG 59, DD, Great Britain, vol. 9). 4 pp.; marked duplicate; in a clerk’s hand, signed by King; docketed by Wagner as received 7 Sept. Partly in code; key not found. Printed in King, Life and Correspondence of Rufus King, 3:472–73.


Title: To James Madison from Israel Whelen, 8 June 1801 (Abstract)
From: Whelen, Israel
To: Madison, James

8 June 1801, Philadelphia. Requests $6,541.09 to pay Stevens balance due on cargo of Anna Maria for Tunis. Reports that navy agent in New York will purchase requested duck material if so ordered. Postscript explains that orders for Baccri & Co.—which JM proscribed in his letter of 13 May—were made late in Adams administration.

   RC (DNA: RG 59, ML); letterbook copy (DNA: RG 45, Purveyor’s Office, Philadelphia). RC 1 p.; docketed by Wagner, with the notation: “Genl. Smith told me that the matter of the Duck was regulated.”


Title: To James Madison from William Kirkpatrick, 9 June 1801
From: Kirkpatrick, William
To: Madison, James

Sir
Malaga 9 June 1801.
I am this moment informed by the Ragusean Consul, that ⟨a⟩ Vessel under his Colours is now here—chartered in Tunis about Six weeks ago to Carry a Letter to you from Tripoli, I presume with the Propositions of accommodation as exposed in Mr. Cathcarts official Communication, a Copy of which you will find inclosed; If the 18 months are allowed, it is a great Pity it is not known officially, as several of our merchant Vessels are Shut up in the Ports of the Mediterranean, & must there remain under the apprehension of war being positively declared, the Ragusean Captn who carries this Letter, says that none of the Tripolitan Cruizers are at Sea, which tho’ a fortunate Circumstance cannot be availed off [sic].
French Troops are entering this Country in every direction, It is However generally believed the war with Portugal will soon be over. I am with much respect, Sir, Your most obed & he St
Willm Kirkpatrick

   RC (DNA: RG 59, CD, Málaga, vol. 1). RC marked “Copy”; in a clerk’s hand, except for Kirkpatrick’s address, complimentary close, and signature; docketed by Wagner as received 8 Oct. Enclosure not found, but it may have been a copy of Cathcart’s 21 Feb. circular enclosing Cathcart to pasha of Tripoli, 19 Feb. 1801 (see Eaton to [JM], 10 Apr. 1801, n. 1).


Title: To James Madison from James Monroe, 9 June 1801
From: Monroe, James
To: Madison, James

9. June 1801.
The letter enclosed was sent to the tavern for Mr. Beckley, but the tavern keeper omitted to give it to him. Will you be so good as deliver that to him personally if at Washington.
I communicated to Mr. Jefferson the wish of David Gelston for employment in the collectorship at New York, & he told me, he wod. be attended to. He is a very honest, respectable republican, one to whom the cause is much indebted.
One of the enclosed letters ought to have been sent sometime since when it was mention’d, that from Mr. Taliaferro respecting Mr. Hooe. The one from Mr. Anderson respects persons in whose favor he is interested. Of Mr. Rawlings I have no knowledge but what the enclosed gives. Mr. Rowland I never saw that I recollect, but have heard him spoken of by others in the terms used by Mr. Anderson. He is a young man without friends, without fortune, the son of a father who has many children, and it is said he is a young man of promising talents.
The substance of Mr. Prevosts letter I will thank you to communicate to the President.

   RC (PHi). Unsigned; cover marked private by Monroe. Enclosures not found.

   Monroe to Jefferson, 23 Mar. 1801 (DLC: Jefferson Papers).

   In an earlier letter to Jefferson, Nathaniel Anderson put forward his son Overton as a candidate for a French consulship and also recommended his son-in-law Benjamin Rawlings for a post in the “Spanish Islands” (Anderson to Jefferson, 13 Mar. 1801 [DNA: RG 59, LAR, 1801–9]).


Title: To James Madison from Nathaniel Niles, 9 June 1801
From: Niles, Nathaniel
To: Madison, James

Sir,
West Fairlee June 9. 1801
If you are not already overwhelmned with congratulations on the new attitude of our government, you will listen to my expressions of the sincerest pleasure on the occasion; But while I rejoice with my Country, I am pained for those who have the envied honour of sustaining the first offices in it. The President will have occasion for much philosophy to endure with patience the torrent of Obloquy most maliciously poured upon him. I devoutly wish him enough to convince the most perverse, as well as the most deluded, that cool and constant uprightness and integrity preserve him. It is an exceeding grateful circumstance that he has a ministry in whose wisdom and integrity a large majority of our fellow citizens place an entire confidence. May those endowments be harmoniously employed to give tranquility to the nation, and lustre to the present administration.
I have, Sir, to request your attention to an affair which, indeed belongs not to your office but to that of the Post Master General. Want of acquaintance with him prevents my laying the case before him, immedeately. Mr Alden Spooner is the only printer of a republican news paper within the eastern half of this state. There are three others, fully on the other side, who, perhaps, together print three papers to his two. And I am credibly informed that the person who at present has the contract for carying the mail from Windsor to Danville has made it one condition with the rider that he shall not carry Spooners paper; By this means republican communications are rendered contraband on that route, and of course, in all the northeastern part of this State, blind prejudices are strengthened by imposition on the one hand and ignorance on the other. I am further told and I believe on good Authority, that the same imposition is designed for the next year both on that route and on that through Windsor, where Mr Spooner lives, to Burlington. That this abuse may be prevented for the future, in this vicinity, I have solicited Mr Spooner, who is a very good man for the business to send on proposals to carry the mail on both those routes. Should he be contracted with, he will carry all papers indifferently. If however, the P. M. should see fit to contract with any others; I pray you to use your influence with him to put an effectual stop to this evil for the future.
Permit me to suggest to your consideration whether it would not better answer the design of the Law directing the publication of the Laws of the U S in the news prints to publish them within this State through Mr Spooners press than through that of Dr Williams. They receive at present very little publicity by means of his paper. I am informed he strikes off but a few copies, and that the extent of their circulation is but small. Besides, they have, ever since that provision was made, I beleive, been confined in their publication, to the western part of the State, as indeed, almost all the executive Appointments have been. If however, you shall think proper to continue the publication of them there, may it not be of service to the common cause for them to be published on this side also?
The circumstance that the executive appointmts have been almost all of them given to persons on the west half of the State, suggests for consideration whether it should not have some weight in that regard for the future; especially, as it is a general rule pretty fully established in practice by a tacit consent among ourselves, to divide, as equally as may be, both the honours and emoluments in the gift of the state, between the two. Should this be thought worthy of attention; and should it be the pleasure of the President, in case the office of supervisor of the revenue in this district fall vacant, to give me the appointment, I will endeavour to execute the trust as well as I shall be able. I am situated but little remote from the centre of the State from north to south. I would not however be understood to wish for Col Brush’s removal from office, for altho his political opinions are understood to be opposed to our Ideas of republicanism, I beleve he has discharged his duty as becoming a good officer.
It is doubtful by what political character Mr. Payne will be replaced in the Senate. I am not without hope it will be by a republican, If it should, Genal. Bradley will be the man. But I am much affraid the balance of main st⟨ren⟩gth will still turn to the other side.
I am told Godwins political justice is made a clasic in Wm. and Mary College. Please to inform me of the fact.
I wish too for your testimony to contradict a base, falshood, fondly cherished by our Self denominated Federalists, that Mr Jefferson seems to possess considerable property only in consequence of his having procured a law of the State by which real estate is protected from seazure on execution. Indeed I will thank you for his domestick Hisstory, as much in detail as would be proper to communicate without reserve.
With us republicanism evidently, gains ground tho’ slowly; But as the number in oposition decrease the virulence of the remainder encreases. I am with sentiments of high esteem Your Hume Servt.
Nathel Niles

P. S. You may form some Idea of the present oposition to government from the following, which I consider as facts. The Paladium, an oposition paper published in Boston, is sent free of cost, in Bundles, to be distributed in this quarter, and one published in Windsor, I am just informed, is delivered to the carrier, gratis, at the press.

   RC (DLC: Rives Collection, Madison Papers). Cover marked by Niles: “Windsor July 11t 1801.” Docketed by JM.

   Alden Spooner edited the Windsor Vt. Journal, a weekly newspaper, between 1783 and 1818 (Brigham, History and Bibliography of American Newspapers, 2:1099).

   Section 1 of a law passed 2 Mar. 1799 required the secretary of state to direct the publication of congressional acts “at least in one of the public newspapers printed within each state; and whenever in any state, the aforesaid publication shall be found not sufficiently extensive for the promulgation thereof, the Secretary of State shall cause such orders, resolutions and laws to be published in a greater number of newspapers printed within such state, not exceeding three in any state” (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:724).

   Niles referred to the Reverend Samuel Williams’s weekly Rutland Herald.

   Nathaniel Brush had been appointed supervisor of revenue for the district of Vermont in 1794 and remained at his post late in 1801 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:163; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Misc., 1:281).

   Elijah Paine fought in the Revolution and then graduated from Harvard College before serving in the Vermont legislature. Elected as a Federalist to the U.S. Senate in 1795, he resigned in 1801.

   Stephen R. Bradley, a Yale graduate and Revolutionary officer, was a U.S. senator from Vermont between 1791 and 1795. He filled Paine’s vacated seat and served until 1813.

   William Godwin’s Enquiry concerning Political Justice, and Its Influence on Morals and Happiness (2 vols.; Dublin, 1793) (1st American ed.; 2 vols.; Philadelphia, 1796) was considered an apology for French Revolutionary radicalism. On its use at the College of William and Mary in 1801, see Robert J. Brugger, Beverley Tucker: Heart over Head in the Old South (Baltimore, 1978), pp. 16–17.

   Niles may have referred to Jefferson’s attempts, as a delegate to the General Assembly in 1776–78, to draft legislation that would have secured to British creditors the balances Virginians owed them while protecting planters from ruin. For a treatment of these futile efforts and of Jefferson’s personal affliction with financial burdens during and after the Revolution, see Malone, Jefferson and His TimeDumas Malone, Jefferson and His Time (6 vols.; Boston, 1948–81)., 1:259–60, 441–45.

   Nathaniel Niles, a Princeton graduate, sat in Congress in 1791–95 and was a member of the Vermont legislature from 1800 to 1803. He was chosen as a presidential elector for Jefferson and then JM.