Title: To James Madison from Louis-André Pichon, 6 November 1801
From: Pichon, Louis-André
To: Madison, James

Georgetown 15 Brumaire An 10 (6. 9bre. 1801)
Le C. Pichon en présentant à Mr. Madison Ses remerciemens pour l’empressement qu’il a eu la bonté de mettre à lui envoyer mercredi Soir le paquet ministeriel contenu dans les depeches apportées par Mr. Appleton Se fait un plaisir de communiquer à Mr le Secre. d’Etat l’extrait ci inclus de la dépêche du ministre des Relations Extérieures qui lui est parvenue par cette occasion. Mr. Madison y verra que le Gouvent. de la Rép. n’attendait que l’arrivée de Mr. le Chancelier Livingston pour nommer auprès du Gouvernement americain une personne revêtue d’un caractère plus éminent & plus approprié aux rapports d’amitié existans entre les deux Etats ainsi qu’aux sentimens de convenance qui dirigent l’un envers l’autre les deux Gouvernemens.
En attendant l’arrivée du ministre de la République le Cn. Pichon devant continuer à remplir des fonctions politiques dans un moment ou les relations des deux Etats ont pris un caractère plus fixe & plus déterminé, il croit convenable d’adresser à Mr le Secre. d’Etat la copie ci jointe de l’arrêté du premier consul qui indépendamment de la lettre ministérielle avec laquelle il S’est présenté à son arrivée, forme Son titre pour agir en qualité de chargé d’affaires auprès du Gouvent. des Etats Unis. Le Cn. Pichon avait jusquà ce moment omis de donner communication de cette pièce à Mr. Le Secrétaire d’Etat.
Le Cn. Pichon Se croira actuellement fondé à reprend⟨re⟩ avec Mr. Madison des communications qu’il a cru devoir Suspendre aussitot qu’il a été informé des obstacles qui éloignaient l’échange des ratification⟨s;⟩ il se propose en conséquence d’avoir l’honneur dans le cours de l’après midi, si Mr. Madison n’y voit pas d’inconveniant, d’aller Saluer chez lui Mr. Madison pour l’entretenir de divers objets & notamment de ceux qui ont un rapport plus immediat avec la réception du Traité, & Sur lesquels comme le verra Mr. le Secre. d’Etat par la dépeche du ministre des Relations Extérieures, le Cn Pichon est empressé de pouvoir correspondre immediatement avec Son Gouvernement après avoir pu connaitre les dispositions de celui des Etats Unis.
Le Citoyen Pichon prie Mr. Le Secretaire d’Etat d’agreer Son respect.

Condensed Translation
Thanks JM for sending him on Wednesday evening the diplomatic pouch brought by Appleton. Encloses an extract of a dispatch from Talleyrand in which JM will see that France will name a minister to the U.S. upon Livingston’s arrival there. Pledges to perform political functions in the meantime as relations become normal; encloses a copy of the first consul’s order confirming him as chargé d’affaires. Believes it is now proper to reopen communications suspended as long as there were obstacles to ratification of the convention. Wishes to see JM in the afternoon to discuss several topics—in particular those relating to reception of the treaty, on which Pichon is eager to inform his government of American views.

   RC and enclosures (DNA: RG 59, NFL, France, vol. 1). For enclosures, see nn.

   Pichon enclosed an extract of Talleyrand’s 4 Aug. 1801 letter to him (3 pp.; in French) announcing French ratification of the amended convention, explaining French acceptance of the suppression of article 2 as it related to the issues of indemnities and status of earlier treaties, and seeking word of Livingston’s departure from the U.S.

   The enclosure is a copy of articles 1 and 3 of Napoleon’s commission (2 pp.; in French) authorizing Pichon to act as chargé d’affaires until the arrival of a minister plenipotentiary.


Title: To James Madison from James Leander Cathcart, 6 November 1801 (Abstract)
From: Cathcart, James Leander
To: Madison, James

6 November 1801, Leghorn. No. 13. Transmits dispatches received on 5 Nov. from Eaton and duplicates of earlier ones already forwarded. Is distressed at news from Eaton that U.S. squadron had gone to Gibraltar and left enemy coast unguarded; hopes at least one frigate will have returned. U.S. citizens trading at Leghorn complain of lack of protection, no warship having appeared at Leghorn since the beginning of the war. Impatiently awaits instructions from the president.

   RC and enclosure (DNA: RG 59, CD, Tripoli, vol. 2). RC 1 p.; docketed by Wagner. Enclosure (1 p.; docketed by Wagner as received in Cathcart’s 6 Nov. dispatch) is Cathcart to Eaton, 6 Nov. 1801, replying to a 15 Oct. letter from Eaton and giving him permission to open a packet for Commodore Dale. Among the duplicates transmitted was probably a copy of a 25 Aug. 1801 letter from Dale to Cathcart (2 pp.; docketed by Wagner as received in Cathcart’s no. 11) bearing a 6 Nov. 1801 note signed by Cathcart: “From the date of this letter I have not receiv’d a single line from Comodore Dale.”

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


Title: To James Madison from David Humphreys, 6 November 1801 (Abstract)
From: Humphreys, David
To: Madison, James

6 November 1801, Madrid. No. 292. Has received a 12 Oct. letter from Pinckney in Paris stating that he is delayed by an eye ailment; he requested Humphreys to transfer legation records to his secretary of legation, assuming he had arrived from America, should Humphreys wish to leave Spain. Humphreys replied that he had no news of the secretary’s arrival and doubted the wisdom of an Atlantic crossing in winter. Reports the French army in Spain is withdrawing and part of the infantry is to be sent to Saint-Domingue, as are also some of the ships from the combined fleets at Brest and Cádiz. Believes there are secret provisions in Portugal’s treaty with France for the latter to receive “a pecuniary compensation.” Forwards a letter from O’Brien at Algiers addressed to Smith, former minister at Lisbon. Has just learned that ten seamen from the Philadelphia drowned in an accident in the Bay of Algeciras. Notes that several American merchantmen seized and carried into Algeciras by the Spanish have been released but without compensation for losses. Has taken steps to claim indemnification and has submitted a protest against recent condemnation at San Roque of an American vessel with cargo of “uncommon value.” Will return to the Escorial on 12 Nov. for the birthday of the king, who is still not in good health.

   RC (DNA: RG 59, DD, Spain, vol. 5); partial Tr (DNA: RG 233, President’s Messages, 7A-D1). RC 4 pp.; docketed by Wagner as received 23 Jan. JM forwarded the partial Tr in his 18 Apr. 1802 report to Jefferson, who transmitted it to the House of Representatives on 20 Apr. 1802 (see ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:440, 443). An extract from the RC, described as being from “a gentleman at Madrid,” appeared in the National Intelligencer, 29 Jan. 1802.


Title: To James Madison from Richard O’Brien, 8 November 1801 (Abstract)
From: O’Brien, Richard
To: Madison, James

8 November 1801, Algiers. States that the George Washington, which arrived 5 Oct. with the Peace and Plenty, is almost off-loaded and will depart in fifteen or twenty days, convoying the Peace and Plenty with the last cargo of annuities for Tunis. Frigate’s presence has temporarily added to U.S. security. Declined to ask dey for a passport for the ship going to Tunis since O’Brien refused dey’s request for American passports for Tripolitan sailors. Argues that Americans should show the dey “and his Ministry both Turkish and Jewish that we finally would make force to be our passports.” Admits this might not be “Oeconomic” policy, but it is “requisite policy at present.” Had feared that unblockaded Tripolitan cruisers at Gibraltar might pick up Tripolitan crewmen at Oran and attack weakened President and Essex from the rear; therefore, he spread rumor that four more U.S. frigates were expected, which resulted in the crewmen being shipped from Oran for Tripoli. Reports that the Grand Turk was at Tunis on 25 Sept. and afraid to proceed. Suggests that the grand signior, by presenting the dey with arms, men, and naval supplies, is attempting either to strengthen Algiers as a “principal political redoubt of The Ottoman Empire” or to lull the regencies into security to plunder them. Lists American annuities and debts to the dey and Baccris, totaling $68,846.50. Believes it would be wise to pay a douceur to alter treaty to allow payments in cash rather than in kind. Hopes that the U.S. will engage Tripoli successfully in the summer as this would improve relations with Algiers and Tunis, which might otherwise attack Americans. Relates a recent quarrel between the dey and the Danish consul that has been settled by the Danes’ agreeing to make presents. Conveys the dey’s requests for mahogany boards as well as previously promised planking and spikes.

   RC (DNA: RG 59, CD, Algiers, vol. 6). 3 pp. An almost identical letter (ibid.), addressed to Humphreys with a request to forward it to JM, is printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:616–18.

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


Title: To James Madison from Elbridge Gerry, 9 [November] 1801
From: Gerry, Elbridge
To: Madison, James

Dear Sir:Cambridge, 9th May [November], 1801.
Enclosed is a letter from Capt. Nathl Fellowes, a firm republican & one of the wealthiest merchants of Boston, being the copartner also of Mr. Brown, who received an appointment under the present government. Capt. Fellowes I am acquainted with but am a stranger to the gentlemen mentioned in his letter: The former of them indeed, Mr. Cushing, has called on me, & stated, that in a conference with yourself, he had received the promise of your interest for his appointment to the consulate of the Havannah, when vacant, that his present circumstances render it ineligible on his part, and that Mr. N. Fellowes friend is well qualified as a merchant to fill the office. From the facts stated & with others as your station will enable you to attain, you will be enabled I presume, in case of a vacancy & a competition for the office, to judge of the relative merits & pretensions of the several applicants. I have the honor to remain, Dear Sir with the highest esteem and respect your friend & very humble servant
E. Gerry

   Printed copy (Autograph Letters and Autographs of the Signers of the Declaration of Independence in the Possession of George C. Thomas [Philadelphia, 1908]). Misdated (see JM to Gerry, 22 Dec. 1801).

   The letter appears to have been Fellowes’s of 4 Nov. 1801, recommending his nephew Nathaniel Fellowes, Jr. (Perez Morton to JM, 25 June 1806 [DNA: RG 59, LAR, 1801–9]; Boston Columbian Centinel, 14 May 1806).

   “Morton” in printed copy.

   The reference may be to Samuel Brown, who was appointed naval agent in Boston in April 1801 (Kline, Papers of BurrMary-Jo Kline, ed., Political Correspondence and Public Papers of Aaron Burr (2 vols.; Princeton, N.J., 1983)., 1:559 n. 3).

   This was Dorchester merchant George Augustus Cushing, who called on JM in May (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:195; Boston Columbian Centinel, 27 June 1801, 26 Jan. 1811).


Title: To James Madison from David Humphreys, 9 November 1801 (Abstract)
From: Humphreys, David
To: Madison, James

9 November 1801, Madrid. No. 293. Has been informed that the pasha of Tripoli is having three corsairs fitted out at Mahón with Minorcan crews and British papers and colors to evade American frigates. Has sent circular letter with that news to U.S. consuls in adjacent Spanish ports for the information of American naval commanders and civilians. In a 4 Nov. letter Kirkpatrick stated he would inform the U.S. squadron, which had just arrived at Málaga. Kirkpatrick also reported that the pasha had purchased a Spanish prize vessel from the British that will be a great acquisition to his fleet. Humphreys has just received a letter from Commodore Dale stating he will depart for the U.S. by way of Algiers, leaving the Philadelphia and Essex to patrol the eastern Mediterranean. American ships are ordered to cooperate with Swedish navy. Reports that Lucien Bonaparte left for Paris on 7 Nov.; comments on his considerable talent and describes his lavish life-style, observing that two feasts he gave cost nearly as much as the salary of an American minister for two years. Remarks favorably on the character of St. Cyr, Bonaparte’s replacement. In postscript of 10 Nov., reports lack of news from Pinckney since 12 Oct.

   RC (DNA: RG 59, DD, Spain, vol. 5). 4 pp.; marked duplicate; in a clerk’s hand, except for Humphreys’s signature and postscript; docketed by Wagner.


Title: To James Madison from Tobias Lear, 9 November 1801 (Abstract)
From: Lear, Tobias
To: Madison, James

9 November 1801, Cap Français. No. 15. Reports that Toussaint placed an embargo on all vessels in port to prevent escape of insurrectionists and dissemination of inaccurate reports. Encloses governor’s official account of events; government is concerned lest tales of disorder discourage trade. Wishes to meet with the British agent, who has written several letters complaining about the practice of American vessels “to go to Jamaica, sell their Cargoes, clear out for the U.S. and then come to this Island & take their Cargoes of Colonial Produce.” Lear’s response has been that he is powerless so long as local government permits the trade. Refers to his earlier letters in which he had complained of the burdens of office and commented on his unflattering reception. Complains lack of communications from U.S. government has raised questions requiring his “utmost ingenuity to parry.” Has been asked, “Has the Change in your Administration destroyed all your Ships?” Absence of U.S. public vessels on the coast or in the harbors, although he has explained it fully, has diminished importance of U.S. in the eyes of many, as has his own inability to engage in business or commercial pursuits owing to lack of funds and time. Points out that the importance of American commerce with the island is the reason “we still continue to be countenanced.” Has received JM’s 1 Aug. circular letter and will conform to its contents. Has been empowered by local government to deal with disputes between shipmasters and seamen, which has eliminated the problem of abandoned seamen. Anxiously awaits a letter from JM. Notes in postscript that the embargo has been ended and reports forty-one American vessels in port and three arriving.

   RC, FC (DNA: RG 59, CD, Cap Haitien, vol. 3). RC 4 pp. Postscript not on FC. Duplicate copy (ibid.) docketed by Wagner as received 30 Nov. Enclosure not found, but a translation of the text of Toussaint’s 7 Nov. account appeared in the National Intelligencer, 4 Dec. 1801.

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


Title: To James Madison from Charles Peale Polk, 10 November 1801 (Abstract)
From: Polk, Charles Peale
To: Madison, James

10 November 1801, Frederick Town. Reluctantly repeats request that JM intervene on his behalf for a federal job as his family is in “extreme distress.” If changes are to be made under the new postmaster general, he wishes to be considered. Is moving to Georgetown within the month as he has no prospects at his present location.

   RC (DLC). 2 pp. On Polk’s earlier efforts to secure a federal appointment, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:65–66 and nn. 1, 3.


Title: To James Madison from John M. Forbes, 11 November 1801 (Abstract)
From: Forbes, John M.
To: Madison, James

11 November 1801, New York. Informs JM that he and his brother are suffering bankruptcy proceedings but believes that investigation will reveal fairness of all his transactions. Is confident that this situation will cast no shade of disqualification over his application for a consular appointment. Expects to receive his certificate of discharge on 19 Dec. Has heard that Orr has declined the appointment at Hamburg and asks to be considered for the position.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Forbes”). 1 p.

   Benjamin Grayson Orr, whom Walter Jones recommended to JM for the consulate at Bordeaux, apparently had been given through October to accept the consulate at Hamburg. Jefferson nominated Forbes to the position on 1 Feb. 1802 (Walter Jones to JM, 20 Apr. 1801 [ibid., filed under “Orr”]; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:406, 407).


Title: To James Madison from Robert W. Fox, 11 November 1801 (Abstract)
From: Fox, Robert W.
To: Madison, James

11 November 1801, Falmouth. Reports fall in prices for provisions as a result of war’s end; seamen’s wages are expected to decline also. Although French now grant passes to British vessels, American ships are still sought after. British government now permits export of imported rice; consequently, price has increased. Since prices for wheat are higher in Holland and other ports, does not expect any to be imported until “our prices get up, or theirs decline.” States that the sixpence per day allowed for distressed seamen is insufficient, covering only lodgings. Has sometimes exceeded the allowance to avoid seeing “a poor fellow suffer for want of food.” Forwards newspapers.

   RC (DNA: RG 59, CD, Falmouth, vol. 1). 2 pp.; in a clerk’s hand, signed by Fox.

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


Title: To James Madison from Nathaniel Irwin, 11 November 1801
From: Irwin, Nathaniel
To: Madison, James

Letter not found. 11 November 1801, Philadelphia. Calendared as a one-page letter in the lists probably made by Peter Force (DLC, series 7, container 2). Listed for sale in Bruce Gimelson, Autographs (Fort Washington, Pa., 1969), item 1262, where it is described as a courteous letter requesting JM’s help in obtaining a lieutenancy in the artillery corps for his son (see Irwin to JM, 7 Jan. 1802).


Title: To James Madison from Gabriel Duvall, 12 November 1801
From: Duvall, Gabriel
To: Madison, James

Dear sir,Annapolis, 12 Nov. 1801.
A report prevails here, founded, it is said, on a letter from Mr. Steele, of Washington that a compromise has taken place between the United States & Great Britain as to the claims of the latter under the sixth article of the treaty of 1794, & that the U. S. are to pay a given sum which is to be accepted in full discharge of all the individual claims. It is said also that this last treaty, if it may be so called, contains a stipulation that out of the sum so agreed to be paid by the United States, the claims of our citizens against subjects of Great Britain, are to be satisfied. A friend of mine, Mr. Gibson of Talbot, who is one of the Representatives of Edward Reynolds deceased, is anxious to know the truth of this fact. Mr. Reynolds was a creditor, on Judgment, of Mr. Molleson, a british merchant to the amount of £4000 sterling exclusive of interest.
If there is no impropriety in your satisfying me on this head, before the subject is acted upon & made public, You will oblige me by informing me if such claims are to be satisfied in the manner abovestated. I am with great Respect & Esteem Your obedt. Sert.
G Duvall.

   RC (DLC). Docketed by JM.

   John Steele was comptroller of the treasury (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:314 n. 2).

   John Gibson III was prominent in politics in Talbot County, Maryland (Edward C. Papenfuse et al., eds., A Biographical Dictionary of the Maryland Legislature, 1635–1789 [2 vols.; Baltimore, 1979–85], 1:350–51).

   Gibson’s brother was married to Edward Reynolds’s sister Frances (see ibid., 1:352, 2:676).

   The London tobacco merchants William and Robert Molleson did extensive business in Maryland before the Revolution (Edward C. Papenfuse, In Pursuit of Profit: The Annapolis Merchants in the Era of the American Revolution, 1763–1805 [Baltimore, 1975], pp. 38, 40, 170, 190).


Title: To James Madison from Thomas Jefferson, 12 November 1801
From: Jefferson, Thomas
To: Madison, James

Th: J. to J. M.Nov. 12. 1801.
Will you give the inclosed a serious revisal, not only as to matter, but diction? Where strictness of grammar does not weaken expression, it should be attended to in complaisance to the purists of New England. But where by small grammatical negligences, the energy of an idea is condensed, or a word stands for a sentence, I hold grammatical rigor in contempt. I will thank you to expedite it, and to consider, as you go along, in the documents promised, which of them go from your office, & to have them prepared in duplicate, with a press copy of one of the duplicates for me.
Genl. Hurd’s commission is still wanting.
The inclosed letter &c. from Read was sent me by mr. Gallatin. I inclose it merely that you may have your eye on the establishment of those agents. Be so good as to return it immediately to mr. Gallatin.

   FC (DLC: Jefferson Papers); Tr (MHi). Enclosures not found.

   Jefferson probably enclosed a draft of his first annual message to Congress, 8 Dec. 1801, on which he also sought Gallatin’s comments (Jefferson to Gallatin, 14 Nov. 1801 [DLC: Jefferson Papers]; Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:108–25 and nn.). Similarly in an undated note on an unidentified subject the president sought JM’s advice on style: “Will you be so good as once more to revise this? Altho’ I have not entirely obliterated all the passages which have been thought objectionable, yet I have very much reduced & smoothed them. Still verbal & minor corrections of style or sentiment will be thankfully recieved & made” (ViU).

   See Jefferson to JM, 28 Aug. 1801, and n. 1.

   Jefferson explained to Gallatin that he forwarded Read’s letter to JM “merely to bring the establishment of those agents under his notice. He will return it to you.” James Read had been appointed port collector of Wilmington, North Carolina, in 1790 and two years later was one of the five internal revenue inspectors for the state. In 1798 Adams replaced him as collector with Griffith J. McRee. Though both Nathaniel Macon (North Carolina congressman and subsequently Speaker of the House) and Absalom Tatom (former North Carolina congressman) wrote on his behalf, Gallatin concluded that Read could not be appointed because of laxity in office that had left him still $7,000 in debt to the government (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:37, 102, 267; Macon to Gallatin, 11 Oct. 1801, enclosing Tatom to Macon, 8 Oct. 1801, reproduced in Papers of Gallatin [microfilm ed.], reel 5; Gallatin to Jefferson, 19 Oct. 1801, Jefferson to Gallatin, 12 Nov. 1801 [DLC: Jefferson Papers]).


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

Dear SirL’Orient 12th. Nor: 1801
I have just now landed here after a verry boisterous passage, ’tho Havre would been more convenient to me, yet as this port accorded better with the future destination of the frigate I preferred it. I found here a Seventy four, several frigates & a number of transports with troops on board, destined for St. Domingo; they sail as soon as the wind is fair as does also a large Armament from Brest. The Consul evidently designs to leave no time to Tousaint to fortify himself, but to accompany the news of peace with such a force as will ensure submission. Spain & Britain are likewise sending out great Armaments for their islands, prompted either by mutual jealousies, or what I think not impossible, according in sentiment as to the reduction of the black⟨s⟩ to their former situation. Our farmers & Merchants will draw some advantage from this circumstance, at a time when peace & plenty precludes them from a Market in Europe. Of the peace & the joy with which it has been recieved in France & England, you are informed by earlier conveyances.

We were recieved here with all the honors & attention that the Officers civil & Military could pay us. I found in execution of the office of Consul for this port Mr. Vail, who has exercised it for 8 years past, he rendered us every possible civility, he seems well established in trade, & much respected by the leading people here. I believe the President was not apprized of this, when he informed me that the Office of Consul for this port was vacant. If there are no exceptions to his political character (of which I have heard none) I think the public would not be benefited by his removal. He is originally from New York, & married into a french family here. I shall proceed on to Paris, as soon as we are a little recovered from the fatigues of our voyage which was a very turbulent one—19 days brought us into soundings but continued storms & thick weather, prevented our Making a port, ’till seven days after.
As no political details that can be collected here can be depended on, I shall not trouble you with them—& the rather as I send this to Nantes, for the chance of a conveyance—which it may not meet with for some days. I am Dear Sir with the highest respect & esteem your Mt. Obt. hbe. St.
Robt R Livingston

   RC (DNA: RG 59, DD, France, vol. 8); letterbook copy (NHi: Livingston Papers, vol. 1). RC marked duplicate; in a clerk’s hand, signed by Livingston; docketed by Wagner as received 12 Feb.

   Aaron Vail, a merchant from Dutchess County, New York, had long been seeking a consular appointment in France. As secretary of state in 1791, Jefferson regarded Vail’s bankruptcy as a disqualification for office, and he did not nominate him as commercial agent at Lorient until 1803 (Boyd, Papers of JeffersonJulian P. Boyd et al., eds., The Papers of Thomas Jefferson (22 vols. to date; Princeton, N.J., 1950—)., 19:314, 317, 351–53; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:443).


Title: From James Madison to James Monroe, 13 November 1801
From: Madison, James
To: Monroe, James

Dear SirWashington Novr. 13. 1801
The Bearer Mr. Eli Whitney has been introduced to me by a letter from Mr. Pierpont Edwards, as an eminent Mathematical & Mechanical genius, and otherwise highly respectable. Of his Mechanical ingenuity he has given a valuable specimen in his invention of a machine for separating Cotton from its seed. He will probably converse with you on the subject of making fire arms, in which he is also an artist, or an undertaker, and may perhaps make himself useful to some objects under your patronage.

   RC (DLC). Complimentary close and signature clipped. Cover marked by JM, “Eli. Whitney Esqr.”


Title: To James Madison from Robert Smith, 13 November 1801
From: Smith, Robert
To: Madison, James

SirNav Dep 13 Nov. 1801
I have the Honor to request that you will be pleased to send me an order on the Director of the Mint, permitting Mr Harrison, or an artist under his direction, to use the Machine for striking Coins, for the Medal intended for Capt Truxtun. I have the Honor to be sir, very respectfully Your Mo ob servt.
Rt Smith

   RC (DNA: RG 59, ML); letterbook copy (DNA: RG 45, Letters to Secretary of State).

   George Harrison, naval agent at Philadelphia, assisted the State Department in transactions with engravers in that city (Richard Patterson and Richardson Dougall, The Eagle and the Shield: A History of the Great Seal of the United States [Washington, 1976], pp. 175–76).

   In March 1800, following Capt. Thomas Truxtun’s victory over the more heavily armed French Vengeance, Congress ordered a gold medal struck to commemorate the example he and his men had given in that engagement. The medal was designed by Archibald Robertson of Washington, and the die was engraved by Robert Scott, engraver to the Mint; Truxtun received it in early February 1802 (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 6th Cong., 1st sess., 640–42, 1532; National Intelligencer, 22 Oct. 1802; Eugene S. Ferguson, Truxtun of the Constellation: The Life of Commodore Thomas Truxtun, U.S. Navy, 1755–1822 [Baltimore, 1956], pp. 199–201, 231; Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:50).


Title: From James Madison to the Portuguese Minister of Foreign Affairs, 13 November 1801 (Abstract)
From: Madison, James
To: Mello e Castro, João de Almeida de

13 November 1801, Department of State, Washington. Encloses a letter from the president to the prince regent of Portugal congratulating him on the birth of another daughter. Requests the minister to present it “in suitable time.”

   RC (ANTT); letterbook copy (DNA: RG 59, IC, vol. 1). RC 1 p.; in Wagner’s hand, signed by JM.


Title: To James Madison from John Montgomery, 13 November 1801 (Abstract)
From: Montgomery, John
To: Madison, James

13 November 1801, Alicante. Acknowledges receipt of two circular letters, one of July from the Treasury Department and the other of 1 Aug. from the State Department. Transmits duplicate of his accounts with quadruplicate of his draft on Treasury Department for the balance; requests order for payment.

   RC (DNA: RG 59, CD, Alicante, vol. 1). 2 pp.; marked triplicate; in a clerk’s hand, signed by John Montgomery for Robert Montgomery. Docketed by Daniel Brent: “The account referred to, with the vouchers, sent to the Treasury. April 12th 1802.”

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


Title: To James Madison from Albert Gallatin, 14 November 1801
From: Gallatin, Albert
To: Madison, James

SirTreasury Department 14th Nover. 1801
Mr Edmund Randolph late Secretary of State; against whom a suit has been instituted, by the United States, has applied to the Comptroller for copies of the “letters which were written from the department of State to that of the treasury containing requisitions of money, between the 1st day of January 1794 and the 19th day of August 1795.” As those letters are in this office mixed in the files amongst many others, as it is not impossible that some of them may have been mislaid, and as being of record in your office, they may with less difficulty, be selected & transcrib⟨ed,⟩ I request the favour of your directing copies to be made out and transmitted to the Comptroller. Should you perceive any difficulty in it, I will thank you to inform me of it, that the work may be undertaken here. I have the honor to be with the highest respect Sir Your most obt. Servt.
Albert Gallatin

   RC (DNA: RG 59, ML).

   Shortly after Randolph left office in 1795, Comptroller John Steele notified him that Treasury Department records showed $174,793.67 in undocumented expenditures. In 1797, as required by a recent statute concerning the unpaid balances of federal officers, the government brought suit against him in the U.S. circuit court at Richmond to recover $49,154.89 still unaccounted for. The case continued for the next seven and one-half years as Randolph requested repeated postponements, citing his need to obtain depositions from witnesses and vendors and lack of government cooperation in allowing him access to official records. In spite of the treasury and state departments being in friendly Republican hands after 1801, he found it no easier to validate his accounts, and in 1804 Gabriel Duvall, Steele’s successor, acting as arbitrator, decided against Randolph in the amount of $53,162.89. Because Randolph was unable to pay, the obligation for the debt was assumed by his brother-in-law, Wilson Cary Nicholas (John J. Reardon, Edmund Randolph: A Biography [New York, 1974], pp. 355–57).

   JM had copies made of Timothy Pickering to Randolph, 14 Sept. 1795 and 7 Mar. 1796, and Randolph to Pickering, 15 and 27 Mar. 1796 (5 pp.; docketed by Randolph), and he appended a certification of them as true copies, 17 Nov. 1801 (1 p.; in Wagner’s hand, signed by JM) (James Monroe Museum and Memorial Library, Fredericksburg, Va.).


Title: To James Madison from Louis-André Pichon, 14 November 1801
From: Pichon, Louis-André
To: Madison, James

Monsieur,Georgetown le 23. Brumaire an 10. (14. 9bre. 1801.)
A mon départ de Paris, J’ai reçu du Ministre des Relations Extérieures, la lettre dont J’ai l’honneur de vous adresser l’extrait Sous le No. 1., et dans laquelle Je Suis invité, par ce Ministre, à intervenir auprès du Gouvernement des Etats Unis en faveur des réclamations que les héritiers du feu Beaumarchais ont à exercer, contre lui, pour fournitures faites aux Etats Unis par Mr. Beaumarchais durant la guerre de 1775. La nécéssité d’obtenir Sur l’Etat de l’affaire, des renseignemens que pouvait me donner Mr. Chevallié agent des réclamans, et des considerations tirées des circonstances politiques depuis mon arrivée m’ont empêché de vous en entretenir. La copie, que J’ai l’honneur de vous adresser Sous le No. 2., d’une lettre que m’a écrit cet agent, vous montrera, Monsieur, quelle est la Situation actuelle de cette réclamation au département de la Tresorerie: et c’est Sur la détermination prise par Mr. Le Sécrétaire de ce département que Je vous prie de me permettre quelques observations que Je ferai précéder d’un exposé Succinct de l’état de la question.
La résolution de porter au débit de Mr. Beaumarchais une Somme d’un million en opposition à une balance admise et reconnue en Sa faveur par un reglement de compte obtenu, après plusieurs années de délais, en 1793. a Son origine dans la Supposition que les Etats Unis Sont autorisés à débiter le dit Beaumarchais d’une Somme d’un million, avancée aux Etats Unis par la cour de France, portée à leur débit Sous la date du 10 Juin 1776. et comprise avec d’autres Sommes dans le don gratuit; le motif de cette Supposition était que les Etats Unis ne pouvaient d’aucune maniere trouver l’emploi de cette Somme à eux attribuée, et qu’il éxistait un reçu de Beaumarchais d’une Somme pareille à lui comptée par le Gouvernement Français à une époque identiquement correspondante.
Les Etats Unis avaient longtems pressé l’ancien Gouvernement de France de leur faire connaitre l’emploi du million en question dont on ne pouvait constater le payement à leur compte, et il leur avait été constament répondu que cette Somme faisant partie d’un don il leur était indifférent de Savoir à qui elle avait été comptée. Enfin en 1793. le Ministre plénipotentiaire des Etats Unis à l’aide des dispositions hostiles qui existaient alors dans le Gouvernement contre Beaumarchais, qui était alors forcé de S’éxiler, obtint du Ministre des Relations Extérieures la délivrance du reçu Susdit par lequel, Sous la datte en effet du 10. Juin 1776. Mr. Beaumarchais reconnait avoir reçu de Mr. DeVergennes un million de livres dont il comptera au dit Mr. deVergennes. Cette transmission fut accompagnée d’une lettre de ce Ministre qui respirant les dispositions éxistantes alors contre Beaumarchais et Suppléant au Silence du reçu infere que cette piece doit décharger les Etats Unis d’autant envers ce fournisseur.
Tel est, Monsieur, l’exposé des faits Sur lesquels repose la discussion dont J’ai l’honneur de vous entretenir. Il en résulte, comme vous le verrez,
1e. qu’un reglement de compte a été arrêté à la trésorerie en 1793. reconnaissant en faveur de Mr. Beaumarchais une balance considérable.
2e. que Sur le Soupçon d’une Somme reçue par lui pour compte des Etats Unis et dont ceux ci devaient être crédités dans Son compte avec eux, le payement a été Suspendû.
3e. que les recherches dirigées par ce Soupçon ont enfin produit un reçu de Mr. Beaumarchais à Mr. de Vergennes constatant que le premier à reçu du Second une Somme d’un million pour laquelle Beaumarchais a du compter avec Mr. deVergennes.
4e. que la date du reçu coincidant avec celle du payement d’un million qui parait avoir été fait aux Etats Unis par la cour de France, et qui en Suite a été compris dans le don gratuit, les Etats Unis Se Sont crus fondés à débiter Mr. Beaumarchais de cette Somme et, par là, au moyen des intérêts depuis 1776., à diminuer d’autant ou même, à ce qu’il parait, à annéantir une balance admise en Sa faveur.
Sur ces déductions, Monsieur, vous observerez, de prime abord, que les Etats Unis, Juges dans leur propre cause, décident en leur faveur contre un citoyen étranger, et Sans aucune forme conservatoire des prétentions de celui ci, une question très importante et dans laquelle ils n’agissent que Sur des présomptions que des présomptions contraires balancent; tandis que l’évidence légale est contr’eux et toute en faveur de leur partie adverse: vous remarquerez que les Etats Unis en outre n’ayant point eu à rembourser à la france le million dont il Sagit, ils n’ont pas même le motif de l’interet à mettre en avant pour en charger Mr. Beaumarchais.
Enfin L’agent de Mr. Beaumarchais a presenté en dernier lieu à la trésorerie une lettre du Ministre des Finances de France qui constate que ce négociant à rendu, au Gouvernement Français Ses comptes pour les affaires que celui ci lui avait confiées durant la guerre. Il est dès lors constant que le million que les Etats Unis croyent avoir le droit de S’attribuer à été porté dans Ces comptes et que conformément au reçu, dont on Se fait une arme contre lui, Mr. Beaumarchais en a expliqué l’emploi à la Satisfaction de l’administration dont il l’a reçu.
Cet Etat de choses, Monsieur, constitue un des cas les plus frappans où le Gouvernement de la partie lesée Soit fondé, et par le droit des gens et par les usages, à appuyer celle ci de Sa protection. La décision qui détruit en un clin d’œil les espérances de la famille Beaumarchais, avait été Suspendue durant la mésintelligence qui a Séparé les deux Gouvernemens et qui a frappé même Sur les interets privés: le retour de l’amitié, en donnant aux principes admis dans les rapports pacifiques des nations toute leur éfficacité en faveur des citoyens français, donne aux héritiers Beaumarchais lieu d’esperer que cette détermination ne Sera point Sans appel. Il ne m’appartient pas d’indiquer quel autre mode de décision Serait conforme à la nature de la discussion et Satisferait davantage à ce que les héritiers Beaumarchais ont droit d’attendre de la Justice des Etats Unis; la délicatesse et l’équité qui dirigent leur Gouvernemt. lui en Suggereront Sans doute de très convenables et qui Satisferont pleinement aux diverses considérations qui ont motivé la démarche que J’ai l’honneur Monsieur de faire auprès de vous. Agréez, Monsieur, l’assurance de mon respect et de ma haute consideration.
L. A. Pichon

Condensed Translation
States that on departing Paris he received from the foreign minister a letter, an extract from which is enclosure no. 1. Current state of matter is explained in the enclosure no. 2. Observes that the U.S. decision to decrease the debt owed to Beaumarchais by one million [livres] in 1793 was based on the assumption that the amount the French Crown advanced in June 1776 was a gift. In 1793 the American minister in Paris obtained a document supporting the American interpretation from Beaumarchais’s enemies in the French foreign ministry. Urges JM to observe that the U.S. has acted as judge in its own case and decided against a foreigner on the basis of presumptions which ignore the evidence in his favor. The return of amity between the two nations gives heirs of Beaumarchais reason to hope that the decision will not be without appeal in the American judicial system.

   RC and enclosures (DNA: RG 59, NFL, France, vol. 1). RC in a clerk’s hand, signed by Pichon; docketed by Wagner, with his notation: “Beaumarchais’ claim.” For enclosures, see nn. 1 and 2.

   Enclosure no. 1 is an extract of a 24 Nov. 1800 letter from Talleyrand (2 pp.; in French) requesting Pichon to intervene in favor of the claims of the heirs of Pierre-Augustin-Caron de Beaumarchais for payment for supplies provided to the U.S. during the Revolution. With documentary evidence lacking to substantiate Beaumarchais’s claim that part of the money was his own and with Arthur Lee’s testimony to the contrary, Congress had refused to pay. The claim was not settled until 1835 (Arnold Whitredge, “Beaumarchais and the American Revolution,” History Today, 17 [1967]: 98–105; PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 4:289–90 n. 4).

   Enclosure no. 2 is a 23 Oct. 1801 letter from J. A. Chevallié, agent of the Beaumarchais heirs, to Pichon (3 pp.; in French; docketed by Wagner as received in Pichon to JM, 14 Nov. 1801).

   Beaumarchais’s heirs had suffered a setback on 2 Nov. when the Virginia Court of Appeals ruled against them over costs related to a cargo shipped to the state of Virginia in 1778 on the Fier Roderique (Daniel Call, Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia, vol. 3 of Virginia Reports Annotated, Jefferson–33 Grattan, 1730–1880, ed. Thomas Johnson Michie [Charlottesville, Va., 1902], pp. 122–80).


Title: To James Madison from George W. Erving, 14 November 1801 (Abstract)
From: Erving, George W.
To: Madison, James

14 November 1801, London. Private No. 4. Encloses recently published compendium of British commercial statistics. Believes “Mr Luffman’s” favorable representation of British export trade is too optimistic, no allowance being made under imports and exports for those imported goods that are merely lodged in warehouses and promptly exported or for those exports that are seized by the enemy and are, therefore, a loss to the national economy. Naval and military supplies sent to distant stations are also a drain on the people’s labor. In postscript calendars four official and three unofficial letters sent through John Dawson.

   RC (MHi: Erving Papers). 3 pp. The enclosure (not found) may have been the anonymous Financial Facts of the Eighteenth Century; or, A Cursory View, with Comparative Statements, of the Revenue, Expenditure, Debts, Manufactures, and Commerce of Great Britain (2d ed.; London, 1801), which Erving apparently attributed to John Luffman, a London goldsmith and author. It was actually written by John MacArthur, who republished it under his own name in 1803 (A Biographical Dictionary of the Living Authors of Great Britain and Ireland … [1816; Detroit, 1966 reprint], pp. 211–12).


Title: To James Madison from Albert Gallatin, 14 November 1801 (Abstract)
From: Gallatin, Albert
To: Madison, James

14 November 1801, Treasury Department. Encloses papers [not found] pertaining to Colonel Cambray’s claim against the U.S. The principal is payable to him or his attorney only at the treasury, upon delivery of certificates, which Cambray may send to his attorney in this country. Encloses copy of forms that will eliminate Cambray’s fears of losing debt should certificates be lost at sea. States that no interest accrued after government offered payment in January 1793.

   RC and enclosure (DNA: RG 59, ML). RC 2 pp. Enclosure (1 p.) is a note signed by John Laub describing the procedure and documents required for renewal of lost certificates. For the background of Louis-Antoine-Jean-Baptiste Cambray-Digny, Lafayette’s friend and officer of engineers in the Continental army, see Stanley Idzerda et al., eds., Lafayette in the Age of the American Revolution: Selected Letters and Papers, 1776–1790 (5 vols. to date; Ithaca, N.Y., 1977—), 2:71, 77.


Title: From James Madison to Thomas Jefferson, [16 November] 1801
From: Madison, James
To: Jefferson, Thomas

Monday morning [16 November 1801]
J. Madison presents his respects to the President with a letter from Col. Burr & another from Col. Humphreys. The latter is a duplicate, with an exception of the postscript. J. M. has been so much indisposed since saturday evening that he could not call on the President, as he wished, in order to consult his intentions as to Mr. Thornton’s letter. If the President proposes to make it the subject of conversation among the heads of Depts. it is suggested whether it may not be best to hasten a meeting in order that no room may be given by delay, for inferring that hesitation existed as to the proper answer. A continuance of J. M’s indisposition will deprive him & Mrs. M. of the pleasure of dining with the President today.

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 16 Nov., with his notation: “Thornton’s lre.”

   Letter not found.

   JM may have enclosed David Humphreys’s 10 Sept. 1801 dispatch.

   Edward Thornton to JM, 11 Nov. 1801.


Title: To James Madison from Hubbard Taylor, 16 November 1801
From: Taylor, Hubbard
To: Madison, James

Dear sirMidway Caroline County 16th Novr. 1801
Having some business to forward you for and by direction of my brother James—which I could not get done untill a few days past, has prevented me from writing you before now.
I called to see yr Mother on my [way] in. I sincerely regret that [it] is not in my power to see you while in Virginia, I leave this place on the 24th. for Kentucky—where it will ever give me great satisfactin to hear from you, (the time I fear being too short to get an answer before I set out).
In my last letter to you abt. your Land business I mentin’d the draft I had made on yr. father for £20. The Mercht. in whose favor it was drawn had heard nothing off it—and requsted me to make some enquiry wheather it had been presented—or paid.
You’l recollect that you have some money remainig in my hands of your own, which shall be from time to time applid in such Manner as yr. business may require, or subject to your Order.
Any thing that may be still necessary to be done in the Lands that was your fathers, that shall be commited to my care I shall endeavour faithfuly to execute, agreable to any instructins I may receive from you, or any one of the family concerned.
I hope my dear sir you will not be silent. On communicating your commands, I will endeavour to observe punctuality & dispatch. With respects to Ms. Madison I beg to add the esteem & regard with which I am D. sir Yr affe. Hble set
H. Taylor
P. S. A List of all the Warrants has been forward by the Regster of Land offe. since the fire in the War office.

   RC (ViU).

   See Taylor to JM, 20 May 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:207–8).


Title: To James Madison from Joseph Covachich, 16 November 1801 (Abstract)
From: Covachich, Joseph
To: Madison, James

16 November 1801, New York. Departs soon for the Mediterranean and seeks consular appointment at Trieste. Is a native Venetian and naturalized U.S. citizen with broad language skills. Will encourage emigration of mechanics and tradesmen to U.S. Would accept appointment to Barcelona, Naples, or Venice. States that the vice president will deliver this letter as well as his own recommendation [not found].

   RC (DNA: RG 59, LAR, 1801–9, filed under “Covachich”). 3 pp.

   On 13 Jan. 1802 Joseph Young wrote to Samuel Smith that a vessel returning from Trieste had reported that no American consul was present there and asked Smith to inquire of JM why this was so. Young recommended Marylander William Riggin, a native American with Republican inclinations and local business experience, for the post. On 2 Feb. 1802 Jefferson nominated Riggin in place of John Lamson of Massachusetts, the absent consul, who had been appointed in December 1799 (Joseph Young to Samuel Smith, 13 Jan. 1802 [ibid., filed under “Riggin”]; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:329, 330, 406).


Title: From James Madison to Elias Boudinot, 17 November 1801
From: Madison, James
To: Boudinot, Elias

SirDepartment of State: Washington, 17 Novr. 1801.
At the request of the Navy Department the President has given permission, that Mr. Harrison, or an artist under his direction, may use the machine for striking coins, belonging to the Mint, for the medal intended for Captain Truxtun, in virtue of a Resolution of Congress. But this permission is subject to the conditions, that the use to be thus made of the machine shall not materially retard the operation of coining, nor hazard an injury to its works. With much respect, I have the honor to be, sir, Your most obed. servt.
James Madison

   RC (PHi). In Wagner’s hand, signed by JM. Docketed as received 23 Nov.

   Federalist Elias Boudinot was director of the Mint from October 1795 to July 1805 (George Adams Boyd, Elias Boudinot: Patriot and Statesman, 1740–1821 [Princeton, N.J., 1952], pp. 225, 250).


Title: To James Madison from James Monroe, 17 November 1801
From: Monroe, James
To: Madison, James

Dear SirRichmond Novr. 17. 1801.
I requested Major Coleman to enclose you lately 300. dolrs. which are intended as a remitance or deposit to enable Mr. Livingston to purchase two swords, one for the heir of Genl. Campbell the other for John Jouett, for services rendered in the course of our revolutionary war. You will receive herewith a letter to Mr. L. on that subject which you will be so good as peruse, seal & forward him as soon as convenient.
I think I have often spoken to you of Mr. Purviance who you recollect was recommended to me by Genl. Smith and others from Bal: on my appointmt. to France. He soon after my arrival there joined me, was much in my family, always in my confidence, and is a man of great & rare merit, for integrity, good understanding and every amiable quality. As his circumstances are moderate he may seek employment under the govt., and it is with pleasure I assure you how respectable his pretentions are.
The 100. dolrs. remitted from Genl. Mason have been applied as he desired. I am sincerely yours,
Jas. Monroe
I am compell’d to defer the letter for Mr. L. till to morrow; the resolutions ought to accompany it, and they cannot be obtained sooner. The enclosed is from a very worthy man who states his case with great sensibility & truth. Be so good as make it known to the Secretary of the navy.

   RC (owned by Charles M. Storey, Boston, Mass., 1961). Enclosure not found.

   Maj. Samuel Coleman had been employed by the Virginia Council of State since his appointment as assistant clerk on 28 Dec. 1786 (H. R. McIlwaine et al., eds., Journals of the Council of the State of Virginia [5 vols. to date; Richmond, 1931—], 4:17).

   As in the case of Gen. William Campbell (see JM to Monroe, 24 Oct. 1801, and n. 1), the reward promised to John Jouett for Revolutionary War exploits was long in coming. In June 1781 Jouett had warned Governor Jefferson and the General Assembly, then seeking refuge from the British in Albemarle County, of the enemy cavalry advance designed to capture them. Later in the month a grateful legislature voted him a sword and pair of pistols, but in 1786 legislators were still trying to move the governor to action on the first part of their resolution, and not until December 1804 did the commemorative sword reach Richmond, by which time Jouett had moved to Kentucky (John Hammond Moore, Albemarle: Jefferson’s County, 1727–1976 [Charlottesville, Va., 1976], pp. 65–66; CVSPWilliam P. Palmer et al., eds., Calendar of Virginia State Papers and Other Manuscripts (11 vols.; Richmond, 1875–93)., 2:161, 4:184, 9:427; Monroe to JM, 15 Dec. 1801).

   See JM to Monroe, 2 Nov. 1801.


Title: From James Madison to Louis-André Pichon, 17 November 1801 (Abstract)
From: Madison, James
To: Pichon, Louis-André

17 November 1801, Department of State. In reply to  Pichon’s note of 2 Nov., states that the misunderstanding by which he issued passports for Saint-Domingue to French citizens having been rectified, the practice will cease. Adds, in reply to  Pichon’s 29 Oct. note, that the Treasury Department has ordered the restitution to Mr. Barney of the duties paid at Baltimore on Pichon’s account.

   Tr (AAE: Political Correspondence, U.S., 53:370). 1 p.; in French.

   In a letter to Talleyrand enclosing this note (ibid., 53:367–68), Pichon added that JM had explained in conversation that on the commencement of his duties he had signed several blank passports and in his absence the secretaries of the department had delivered some of them. Pichon’s letter to Talleyrand was erroneously dated 18 Brumaire (9 Nov.); it was probably written 18 Nov. 1801.


Title: From James Madison to Andrew Ellicott, 18 November 1801
From: Madison, James
To: Ellicott, Andrew

SirDepartment of state: Washington, 18th. Novr. 1801.
Mr. John Churchman, author of the magnetic Atlas, being desirous of testing the correctness of his theory by comparing it with actual observations of the variation of the needle, has applied to me by letter for a copy of those which he was informed were made under your direction on the Southern Boundary of the United States, and which he supposed were deposited in this office. The enclosed letter to yourself accompanied his application, in which he requests your aid in providing him with the requisite information. His wish is to be furnished with three columns, containing the Lat. & Long of the place, and the variation, as often as observations were made.
I have written to him in answer, that your observations were taken out of the office by yourself & have not been returned; but that I would forward his request to you, as I now do.
Allow me to take the same occasion to request, that you will return to me the documents, which as containing the result of the demarkation of the Southern Boundary, ought to be deposited in this Department, as soon as you can make it convenient to part with them. With much esteem & regard I am, sir, Your most obed. servt.
James Madison

   RC, Tr (DLC: Ellicott Papers). RC in Wagner’s hand, signed by JM. Tr marked “(Copy).”

   John Churchman, An Explanation of the Magnetic Atlas, or Variation Chart … by Which the Magnetic Variation on Any Part of the Globe May Be Precisely Determined, for Any Time Past, Present, or Future … (Philadelphia, 1790; EvansCharles Evans, ed., American Bibliography … 1639 … 1820 (12 vols.; Chicago, 1903–34). 22406). JM’s copy of this work is in the Madison Collection, Rare Book Department, University of Virginia Library. Samuel Stanhope Smith had introduced Churchman to JM in 1789 (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 12:30 and n. 2).

   Letter not found.

   Letter not found.


Title: To James Madison from Louis-André Pichon, 18 November 1801
From: Pichon, Louis-André
To: Madison, James

Georgetown 27. Brumaire an 10.18. 9bre. 1801.
Le Soussigné, Chargé d’affaires de la République Française, à l’honneur d’informer Monsieur le Sécrétaire d’Etat des Etats Unis que la conduite des croiseurs Britanniques, Stationnés à l’embouchure de la Chesapeake ou mouillés dans ses rades, avec le but avoué d’intercepter une Seule frégate Française mouillée dans ces mêmes eaux, a donné enfin matiere à une représentation qui a été adressée, en vertu des ordres du Soussigné, à Mr. le Gouverneur de Virginie, par le vice-commissaire de la République à Norfolk. Cet écrit contient des faits qui Sont de notoriété générale et comme il aura Sans doute été transmis à Mr. le Sécrétaire d’Etat le Soussigné Se dispense d’en répéter les détails. Dans l’espérance que Mr. le Président des Etats Unis voudra bien faire donner aux commandans des bâtimens de guerre Américains mouillés dans cette Baye et qui Sans doute Sont chargés d’y faire observer la police parmi les bâtimens étrangers, des ordres analogues à ceux que les représentations du vice commissaire de la République Sont faites pour provoquer; le Soussigné, croit, aussi de Son côté, devoir appeler l’attention de Mr. le Sécrétaire d’Etat Sur ces procédés, Sur le dégré de publicité qu’ils acquièrent dans tous les papiers des Etats Unis et Sur l’ostentation même et le triomphe avec lesquels ils Sont annoncés dans quelques uns de ces papiers: Ce qui Se passe dans la Chesapeake et ce qui a eu lieu à Boston par rapport au Berceau, ne Saurait Se concilier avec les droits égaux des nations belligérentes dans la Jurisdiction des Etats Unis, ni avec la règle que l’usage et le droit des gens ont consacrées pour maintenir ces droits intacts et mettre ceux des Etats neutres à l’abri des violences qu’un défaut absolu de médiation, de la part de ces Etats, finirait par entrainer.

Le Soussigné aurait voulu éviter de déferer à Mr. le Secrétaire d’Etat des récriminations Si Souvent portées, depuis cette guerre, à la connaissance du Gouvernement Américain: et c’est ce desir, uni à la réserve qu’il a crû devoir observer tant qu’il a regné de l’incertitude Sur les rapports des deux Etats, qui l’a fait garder le Silence. Aujourd’hui ces motifs n’existant plus et les procédés dont il Se plaint S’aggravant tous les Jours, il croit devoir rompre ce Silence: et en conséquence il prie Mr. le Sécrétaire d’Etat de vouloir bien mettre Sous les yeux de Mr. Le Président des Etats Unis la note qu’il à l’honneur de lui adresser. Le Soussigné prie en même tems Mr. le Sécrétaire d’Etat d’agréer l’assurance de Son respect.
L. A. Pichon

Condensed Translation
Informs JM that the conduct of the British cruisers stationed at the mouth of the Chesapeake Bay or anchored in its roads with the avowed purpose of intercepting a single French frigate in the same waters substantiates the protests of the French vice-commissary at Norfolk to the governor of Virginia. Hopes the president will issue to U.S. warships there, which are doubtless charged with keeping order among foreign vessels, commands similar to those the vice-commissary has suggested. Refers JM to newspaper accounts of these events and also mentions the case of the Berceau in Boston. Concludes that these cases cannot be reconciled either with the equality of treatment belligerent nations should expect in U.S. waters or with the customs and usages of the law of nations. Has withheld comment because of the uncertainty in Franco-American relations but believes he must now break his silence. Asks JM to put this note before the president.

   RC (DNA: RG 59, NFL, France, vol. 1); Tr (AAE: Political Correspondence, U.S., 53:398–99). RC in a clerk’s hand, signed by Pichon; docketed by Wagner as received the same day.

   The frigate was the Sémillante; the British ships were the Andromache and the Boston (Philadelphia Aurora General Advertiser, 14 Nov. 1801; Jefferson to Gouverneur Morris, 6 June 1801 [DLC: Jefferson Papers]).

   The Berceau, brought into Boston as an American prize in October 1800, was also trapped in American waters by British ships lying in wait to seize it when it left the harbor, but with the aid of an American pilot it was able to slip away during the night of 26 Sept. 1801. The Republican press regarded these British maneuvers as a breach of American neutrality. Commenting on an editorial in the Aurora, the Gazette of the U.S. noted sarcastically on 17 Nov. that it was “France still, dear France” that had been insulted by the presence of British frigates off Norfolk (Boston Columbian Centinel, 26 Aug. and 30 Sept. 1801; Philadelphia Aurora General Advertiser, 14 Nov. 1801; Philadelphia Gazette of the U.S., 17 Nov. 1801).


Title: To James Madison from William Neilson & Company, 18 November 1801 (Abstract)
From: William Neilson & Company
To: Madison, James

18 November 1801, New York. Notifies JM that the firm represents Elias Backman of Gothenburg in his claims against the U.S. for £34 paid in relief of American seamen and £150 for expenses incurred serving U.S. mercantile interests in Sweden. Offers to transmit authorizations and receipts; requests early reply.

   RC (DNA: RG 59, ML). 2 pp. Elias Backman had been consul at Gothenburg, Sweden, since 1797 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:226). In a letter dated 25 Sept. 1801, the president of the Swedish Royal Chancery denied the probability of Backman’s having incurred any substantial expenses while negotiating trade arrangements between Sweden and the U.S. (extract, filed following Humphreys to JM, 26 Apr. 1806 [DNA: RG 59, DD, Spain, vol. 5]).


Title: To James Madison from Louis-André Pichon, 19 November 1801
From: Pichon, Louis-André
To: Madison, James

Georgetown 19th. 9ber. 1801
Cn. Pichon presents his respects to Mr. Madison & has the pleasure to inclose him an extract of a letter from Govr. Lacrosse which while it further evinces that officer’s amicable dispositions towards the american trade, furnishes a new indication of those Severe measures to which Mr. Madison has already been informed Gov. Lacrosse will be under the necessity to recur if the practice complained of continues on the part of Some american masters. Mr. Pichon Submits to Mr. Madison whether Some Step on the part of the american Government would not be conducive, if not to the repression & prevention, at least to the forewarning of future offenders. Mr. Pichon has the honour to offer Mr. Madison the assurances of his high consideration.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1). For enclosure, see n. 1.

   Pichon enclosed a two-page extract (in French) of a 10 Oct. letter he had received from Lacrosse reporting that he had awarded the American consigners of the brig Two Brothers damages of 5,000 francs for being held by customs officials on a charge of a false declaration that later proved to be incorrect. In a postscript Lacrosse repeated his earlier complaint about the kidnapping of black farmhands by Americans (see Pichon to JM, 28 Sept. 1801). In a 15 Sept. proclamation Toussaint had warned against the same American practice in Saint-Domingue, citing instances of citizens of that country being sold in the U.S. (National Intelligencer, 30 Oct. 1801).


Title: To James Madison from Albert Gallatin, 20 November 1801
From: Gallatin, Albert
To: Madison, James

Dear SirNover. 20th 1801
I enclose the Auditor’s remarks on Mr Fenwick’s account. The nature of the vouchers necessary to be produced by him in support of his charges is a question proper to be decided by the accounting officers; but the principles by which they should be guided in authorizing the several species of expenditure, must be settled, upon due consideration of the laws, by your Department.

A circular letter, mentioned in the enclosed letter from Mr F., was written by the Secretary of State in pursuance of the law of 18th April 1798. That law makes the Secrety. under the direction of the President sole judge of the reasonableness of the advances made by the Consuls—these must be for two objects only; “making & supporting claims of american citizens to captured property, before the tribunals of foreign countries”—& “relief of sick & destitute seamen.” By “making & sup. claims before tribunals” nothing more was intended than the payment or rather advance of legal fees in same manner as done in the preceding year in relation to the prosecution of claims in Great Britain. That first law appropriates 30,000 dollars for expences incurred prior to & during 1798. The law of 19 Feby. 1799 authorizes for that year only the personal relief to seamen—and the appropriation of 20,000 dollars for that year (Act of 2d Mar[c]h 1799—Vol. 4 page 486) is also confined to that object. So that the laws of 1799 left that year unprovided for in relation to the prosecution of claims by the Consuls. The law of 13th May 1800—3d Sect. authorize⟨s⟩ the President to reimburse, to the amount of 5,000 dollars, expences theretofore made, or which may be made before 1st Septer ensuing by Consuls, for supporting claims before foreign tribunals. The law of March 3d 1801 appropriates loosely 64 thd. dollars for prosecuting claims; but in this sum are blended three items (as will appear by estimate for 1801 furnished by Secy. of State—see printed estim. page 28) vizt Agents in London 9,000—prosecuting claims in England 45,000—reimbursing Consuls &a. 10,000—which last sum alone was intended for that object. It is even doubtful whether any part of that appropriation is applicable to that object, as the authorization which had expired with 1st Sept. 1800 was not renewed for this year. Upon the whole the only authorizing laws as to claims are those of 18th Ap. 98 & 13th May 1800, which, together appropriate 35,000 dollars; (but the 30,000 appd. by the first law embrace relief to seamen) to which must be added the appropn. of 10,000 by law of 1801 3d March.
It is clear from the style of those two laws that the President must ultimately decide of what may be called reasonable advances as applied to the objects intended by the law; and that the definition of those objects must depend on a sound construction of the law. To me, the rule laid down for the expences of prosecuting claims before the courts in Great Britain, would appear, on first impression the most eligible.
Excuse this scrawl I wanted to save you the trouble of searching for the several laws. Your’s sincerely
Albert Gallatin

   RC (DLC: Gallatin Papers). Enclosures not found.

   For the history of Joseph Fenwick’s tenure as consul at Bordeaux, see Fenwick to JM, 16 Apr. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:94–95 and nn.).

   “An Act supplementary to an act intituled ‘An act authorizing a loan for the use of the City of Washington, in the District of Columbia; and for other purposes therein mentioned’” (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:551).

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

   “An Act making additional appropriations for the year one thousand seven hundred and ninety-nine” (ibid., 1:723).

   “An Act to authorize certain expenditures, and to make certain appropriations for the year one thousand eight hundred” (ibid., 2:83–84).

   “An Act making appropriations for the support of Government for the year one thousand eight hundred and one” (ibid., 2:117, 120).


Title: To James Madison from Rufus King, 20 November 1801
From: King, Rufus
To: Madison, James

No. 42.
SirLondon Nov. 20. 1801.
If the annexed copy of the Treaty between France and Spain, respecting the establishment of the Prince of Parma in Tuscany, be genuine, of which I have no reason to doubt, you will perceive the value which these Powers seem to have placed upon Louisiana; the cession whereof to France is confirmed by the 7th. article of this Treaty.
I am in hopes that I shall be able to obtain and send you a copy of the Treaty ceding Louisiana to France: this would enable us to determine whether it includes New Orleans and the Floridas.
There is, doubtless, an understanding between England and France in respect to the Expedition now nearly ready to proceed to Saint Domingo: and I think I am not mistaken in the belief, whatever may be the intentions of France in respect to the occupation of Louisiana, that no part of the Forces now collecting and which are going to St. Domingo will be employed for this purpose.
It is not a little extraordinary that during the whole negotiation between France and England not a word was mentioned on either Side respecting Louisiana, though this Government was not ignorant of the views of France in this Quarter. With perfect Respect and Esteem, I have the honour to be, Sir, Your obedient & faithful Servant
Rufus King

   RC and enclosure (DNA: RG 59, DD, Great Britain, vol. 9); letterbook copy and copy of enclosure (NHi: Rufus King Papers, vol. 54). RC in a clerk’s hand, signed by King; docketed by Wagner as received 18 Feb. 1802. Enclosure (4 pp.; in French) is an approximate text of the Treaty of Aranjuez. Enclosure and translation printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:511–12.

   King cites the wrong article, an error silently corrected in King, Life and Correspondence of Rufus King, 4:15. In the enclosed copy, article 7 provided the duke of Parma with an indemnity for renouncing the throne in favor of his son Louis (soon to become king of Etruria), and article 5 stated that both parties would abide by terms of the 1 Oct. 1800 Treaty of San Ildefonso ceding Louisiana to France. Articles 5 and 7 of King’s copy are articles 6 and 8 of the official text of the treaty (de Clercq, Recueil des traités de la France, 1:431–32).


Title: To James Madison from Sylvanus Bourne, 20 November 1801 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

20 November 1801, Amsterdam. Transmits Leiden Gazette. Waits “anxiously to know what will be the fate of my official situation as that of my family will thereon essentially depend.”

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 1 p.; sent “Via New York / Care of Mr Ely”; postmarked New York; docketed by Wagner as received 18 Feb.

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


Title: To James Madison from George W. Erving, 20 November 1801 (Abstract)
From: Erving, George W.
To: Madison, James

20 November 1801, London. No. 5. Encloses copy [not found] of admiralty proceedings on the New Adventure, [Ebenezer] Shearman master, should JM wish to use it as a basis for prosecution of the owners. Invoice listed value of cargo as $15,000. Condemnation is expected. Recounts report of proposal made to Rufus King to claim the property for the U.S., which would have led to recovery and delivery of each slave to the Sierra Leone Company. Regrets this violation of humane law by the inhabitants of a town that so abhors slavery and “where a perpetual clamour Exists even against the holders of the unbought Slaves of the South.”

   RC and duplicate (MHi: Erving Papers). RC 2 pp.; partly in a clerk’s hand. Duplicate marked “No. 5. Private” and “Original by Reunion for Norfolk from Liverpool” by Erving. Duplicate includes two postscripts, dated 17 and 18 Mar., not on RC. In the first, Erving notes that he is forwarding information [not found] on another case of slave trade—the schooner Hawke, James Campbell, master. In the second he relates news from France.

   The American ship New Adventure, which had sailed from Newport, Rhode Island, 29 Apr. 1800, was seized with a cargo of Africans on its way from the French slave-trading center at Gorée to Havana. It was condemned on 26 Nov. 1801. Federal laws of 22 Mar. 1794 and 10 May 1800 prohibited the building or outfitting in American ports of any vessel intended for the slave trade, nor could Americans hold property in or serve as crew members of such ships (Elizabeth Donnan, ed., Documents Illustrative of the Slave Trade to America [4 vols.; Washington, 1932], 3:257–59, 337, 379; Sir Christopher Robinson, Reports of Cases Argued and Determined in the High Court of Admiralty [6 vols.; London, 1799–1808], 4: appendix A, p. 4; U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:347–49, 2:70–71).

   The Sierra Leone Company was chartered by Parliament in 1791 to resettle former slaves and to encourage the growth of legitimate trade with Africa (James W. St. G. Walker, The Black Loyalists: The Search for a Promised Land in Nova Scotia and Sierra Leone, 1783–1870 [New York, 1976], pp. 101–3).


Title: To James Madison from David Humphreys, 20 November 1801 (Abstract)
From: Humphreys, David
To: Madison, James

20 November 1801, Madrid. No. 294. Encloses copies of an official Spanish letter of 27 Oct., distributed on 17 Nov. to announce ratification of peace preliminaries between Great Britain and France, and his response. At the celebration of the king’s birthday at the Escorial, he discussed recent Spanish captures of American merchantmen with the first minister of state, who promised to attend to them. The minister appeared to assent to the establishment of a commission on American claims, “the period of Peace having now arrived.” Has stressed need for promptness as his successor “would naturally be charged with particular Instructions on the subject.” Will send a copy of his note regarding the ship Molly of Philadelphia. Relays word that the Philadelphia, convoying fourteen merchantmen, arrived at Alicante on 16 Nov. and planned to proceed up the Mediterranean on 17 Nov. Reports that Commodore Dale, on his voyage from Málaga to Algiers, had planned to stop at Mahón to ascertain the truth of rumors that Tripoli had purchased armed vessels there. Has transmitted to the first minister of state a request from Charles Pinckney for military escorts and assistance at Irún and Vitoria.

   RC and enclosures (DNA: RG 59, DD, Spain, vol. 5). RC 3 pp.; docketed by Wagner. Enclosures (2 pp.) are copies of Cevallos to Humphreys, 27 Oct. 1801, and Humphreys’s reply, 17 Nov. 1801.


Title: From James Madison to Tobias Lear, 21 November 1801
From: Madison, James
To: Lear, Tobias

SirDepartment of State November 21st. 1801.
Your several letters from No. 1 to No. 12 inclusive have been duly received, and I have the pleasure to express to you the President’s approbation, both of your punctuality in transmitting information, and of the prudence which appears to have guided your conduct, since your entrance into the Station confided to you. Frequent and full communications will continue to be acceptable, from a Theatre distinguished by so many peculiar circumstances, and having so many interesting relations to the affairs of the United States.
In your letter No. 9, Augt 30th. you remark that you consider your public duty in patronizing individual claims to be limited to the establishment with the Government of General principles for the settlement of them, unless it be in particular cases under extraordinary circumstances; and that the business put into your hands for settlement in detail, ought to be done on the terms of a Merchant. The distinction taken by you is thought to be reasonable; and as no doubt is entertained that it will be justly pursued, the President admits it into the instructions by which you are to be governed.
In the form of your endorsement of the passport inclosed in your No. 6, the coast along which the Vessel is to proceed, is defined by the terms “within the limits agreed on.” To guard against any implied recognition of, or reference to the extinct arrangement, it would be better to substitute for the words agreed on, the word “prescribed,” or some other expression, having reference to the ordinary authority of the Country.

The place of your abode must be regulated by your own judgment of circumstances, until the State of things in the Island shall become more fixed, or be more fully understood. I enclose herewith a Commission for Mr. Dandridge, as successor to Mr. Ritchie, who has lately given in his resignation. In the present uncertainty whether your own residence may not be called for at Port Republican, Mr. Dandridge must understand his translation thither as liable in that event to yield to some other arrangement.
At the instance of Mr. Pichon, all passports will be strictly withheld by this Government from French Citizens bound from the United States to St. Domingo, who will of course address their future applications to that Minister. This change is proper and would have taken place sooner, but for some misapprehensions on the Subject. It will be worth your while to note particularly the light in which it may be viewed in St. Domingo.
To keep you the better informed of our current information from abroad, as well as of domestic transactions you will henceforward be furnished with a series of the National Intelligencer published at the Seat of Government by Samuel H. Smith, to the numbers of which, now sent, I beg leave to refer you.
As this is the first letter written to you, from the Department of State, the lateness of the date, makes it proper to observe that the delay has been occasioned first by my absence for more than two Months from the Seat of Government, and next by the daily expectation since my return in October of the arrival here of Doctr Stephens, according to his intention signified by letter, and from whom it was supposed that some light might be received, which would enter advantageously into the correspondence with you. He is not yet arrived and his long silence, as well as delay induces me no longer to postpone writing to you. With very sincere esteem & respect I am Sir, Your most obt. servant,
James Madison

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3); letterbook copy (DNA: RG 59, IC, vol. 1). RC in a clerk’s hand, signed by JM; docketed as received 27 Dec.

   Lear to JM, 17 Aug. 1801.

   JM referred to the 22 May 1799 agreement between British general Thomas Maitland and Toussaint allowing American and British trade to the island in contravention of French law; it also arranged for British and American agents to give passports to the ships of their respective countries engaging in coastal trade with Saint-Domingue. Following the expiration of the act of 9 Feb. 1799 allowing the executive to renew trade with the island and the ratification of the convention with France, the Jefferson administration no longer considered itself bound by the previous administration’s agreement with Great Britain to uphold the Maitland convention (Tansill, United States and Santo Domingo, pp. 54 and n. 83, 61, 65, 78–79 and n. 27; PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:127–29).

   See Edward Stevens to JM, 18 Sept. 1801.


Title: To James Madison from Tobias Lear, 21 November 1801 (Abstract)
From: Lear, Tobias
To: Madison, James

21 November 1801, Cap Français. No. 16. Has nothing more to add to the report in his no. 15 [9 Nov.] than that order seems to be fully restored, the field hands have returned to their respective plantations, and measures have been taken to prevent another uprising. Reports numerous executions following the revolt in addition to those killed during the fighting. States that the heavy volume of American imports has oversupplied the markets; trade was also injured by recent suspension of business but is now beginning to revive. Notes that Toussaint, now at Cap Français, will return to the western part of the island in a few days. Repeats his desire for instructions.

   RC, FC (DNA: RG 59, CD, Cap Haitien, vol. 3). RC 1 p. Duplicate copy (ibid.) docketed by Wagner as received 28 Dec.

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


Title: To James Madison from Tench Coxe, [ca. 22 November] 1801
From: Coxe, Tench
To: Madison, James

Editorial Note
Because of Tench Coxe’s efforts on behalf of the Republican party in the Pennsylvania gubernatorial contest of 1799 and in the general federal elections of 1800, Jefferson, in June 1801, had held out to him the prospect of two posts in Philadelphia, one as survey inspector, another as collector of internal revenue. Both positions would have enabled Coxe to remain in Philadelphia, as he desired, and as subordinate offices the appointments avoided potential confirmation conflicts in the Senate at the hands of his enemies. From Coxe’s point of view, however, the offer seemed demeaning. Neither position met his expectations for office—which had included visions of a cabinet seat—nor was either likely to be permanent given the new administration’s desire to abolish excise taxes. In two long and angry letters written to Jefferson on 24 and 25 June, Coxe rejected the offer, implicitly lecturing the president on his duties as he did so. Jefferson was not to write to Coxe again for six years, but shortly after the breach occurred, the newly appointed supervisor of the revenue for Pennsylvania, Peter Muhlenberg, came to Coxe’s rescue by renewing the offer of the position of revenue collector. After reconsidering his options, Coxe accepted on 1 October 1801 (Coxe to Jefferson, 24, 25 June, 4 Sept., 8 Nov. 1801 [DNA: RG 59, LAR, 1801–9]).
As Coxe nursed his sense of grievance throughout the latter half of 1801, he remained busy by publishing in the newspapers, principally the Philadelphia Aurora General Advertiser and the Washington National Intelligencer, essays on public affairs cast in the form of advice to the Republican party and its leaders. It was in this vein that he began writing to JM toward the end of November, probably during the weekend of 21–22 November when advance news of the peace preliminaries between France and Great Britain reached Philadelphia where it was duly published in the papers on Monday, 23 November. In a second essay sent to JM, which he appears to have commenced on 28 November and finished on or shortly after 9 December, Coxe added some afterthoughts to his first communication, describing them as “the reflexions of sunday not introduced into the note of that day.” The third essay was probably written on, or shortly after, 12 December. All three pieces were unsigned, but collectively they were intended to present JM with Coxe’s thoughts on the implications for the United States of the restoration of peace in Europe. It was probably their author’s intention that JM should share these thoughts with the president as well. As he remarked in the first essay, it was to be “strictly confined to three persons, including the one to whom it is addressed.” JM’s reaction to Coxe’s thoughts, if any, is unrecorded, and it is perhaps unlikely that he ever laid the essays before the president (Thornton to Hawkesbury, 23 Nov. 1801 [PRO: Foreign Office, ser. 115, 9:146–47]; Philadelphia Aurora General Advertiser, 30 Nov., 5, 7, 14, and 17 Dec. 1801). (Secondary source used for this note: Cooke, Tench Coxe, pp. 390–404.)

[ca. 22 November 1801]
In a country so little acquainted with the Ceremonies of Governments as America, and under such a form as that we enjoy the principal officers will often be subjected to useless and improper communications from persons whom personal conceit or honest zeal will have misled into such acts. It is possible that the communication now offered may fall into that class, but the reflexions of the writer impress him with so much force that he cannot resist a hasty sketch of them. He offers them with the utmost respect.

The war which seems likely to terminate in Europe was, at least in its first and second stages, the consequence of the Revolution of the U. S. and of the principles laid down in the Manifesto of our independence and in all our national and state constitutions. To estimate with accuracy our relation to that war, to the peace which is about to end it, and to the state of things accomplishd or confirmed by that peace, we must always and well understand & remember that all the genuine French, Batavian, Swiss & Italian republicans have been fighting for “American principles” in their councils or in their fields since the meeting of the notables in 1788. This truth is now deeply impressed on the minds of all the enemies of representative Government on both sides of the Atlantic, tho they affect to call those principles French, with a view to raising & extending prejudices. The accounts to the 2d. of October assure us that preliminaries of Peace are signed on the part of the present “Government” of France, & the King of Great Britain. If there be not a gross forgery this is clear. The state of things in Europe, immediately before this treaty, the points settled by it, the consequences it is manifestly to produce & the state of things it is to secure are objects, it is conceived, to be well considered by the United States, as they oppose, confirm or in any wise touch the principles of her revolution—the universal cause of human freedom, religious & civil. Our standard must be that digest of republican maxims compounded of the declarations of American rights from our first settlement, (purified of the Monarchic, aristocratic & hierarchal parts) of the declaration of Independence, of the state constitutions and of the federal constitution with the amendments.
Let matters be tested by this standard, with a view to ascertaining the safety or danger of our situation—& the prospects of future tranquility or molestation.
The Bourbons are sacrificed by Executions, Battle and the ultimate abandonment of the survivors. But ours is a cause of principle, not an affair of men. It is no matter whether a King Bourbon or a Chief Consul Buonaparte governs by means other than elective. The efficient causes of his filling the consular chair are not freemens votes, as in the case of all our Chief Magistracies. He is not limited there by the plain letter of a constitution regarded by the nation, the army & himself. He is not supported there by the unbiassed & free wishes of a Majority, but too much by the Bayonet, and it seems, that, with no religious predilections, he is willing to support his power by an established Church. The nonjuring Bishops, as Bourbonists, he requires to abdicate, but maintains & establishes their principles & hierarchy in the Bosom of France. The equality of Churches, dearer, if possible to American Republicans than the equality of Men—the equal religious rights of men, more to be respected, as divine are infinitely superior to human things, are openly and exemplarily violated by the order of things to be confirmed & secured by the approaching peace. This will be a vast encouragement to that practical religious intolerance, which exists in our North, and which has, in the appropriation of the Connecticut reserve, a rich, tho not general establishment. The fact is a melancholy one, but it is true that a vast proportion of the regular, paid Clergy of this country are not deemed friendly to our republican institutions. Drawn from New England, where a church is essentially established, & from the Monarchical countries of Europe, in great Numbers, they too often alloy the purity of their religious discourses by injurious mixtures of an anti-republican state & church policy. It appears upon the whole, that the peace does not free mankind from the example of the vast french Church establishment. It has been reduced in wealth and power to contend with the public authority by that Government, & so was it by Henry the 8th. of England, and other kings of the most arbitrary dispositions. The spoils of the Mitre invigorated the Sceptre and the Sword, to the injury of the Nation.
The Stadholder is sacrificed: That is to say the British influence in Holland is annihilated. But what is that little republic to do, surrounded by the antirepublican governments, de facto, which touch her every where. Her fleet, her private shipping, her active capital, her cape of good Hope, her Ceylon & her neutral rights at sea are either lost, and not known to be secured: and awful possibilities occur to our apprehensions in regard to the future authority or influence of Prussia over her. Since so many prime characters in France have proved untrue to republican liberty, I have often feared that the northern naval establishments of Batavia with the connected ports & provinces would be allotted to Prussia & the southern to France; & Holland, like Poland & Venice, be blotted from the Map of Europe. England, to regain an universal state of Monarchical Government in Europe, would agree, I believe that Prussia should take Holland, perhaps to more. Perhaps I may be too jealous on this point, but a love of Justice & firm attachment to republican government, being wanting almost every where in Europe, I expect great & bold changes upon other principles. At all events the states of Holland, however well disposed internally to second our republican motions & efforts, are neither respectable, weighty or comfortable. They give our cause little support. The state of religious liberty there is more sound than in even some of our states, which must have a good effect on Europe.
The British Government has deteriorated greatly since our revolution, as to purity and freedom. The Irish part of it & the East India part are fit to annex to any despotism in Europe. They are far from republicanism indeed. It is not in favor of that general spread of free Government, which would make us safe & tranquil, that Ireland & India remain as they are at the end of this War, & that the British Dissenters are not relieved, and that their slave Trade continues, encreases and extends from year to year. Canada approaches with the forms of Monarchy, and aristocracy, and hierarchy. A general survey of the British Dominions & governments will convince us, that their government & affairs have recd. no infusion of republicanism since the meeting of the French Notables. The forms and powers of their Monarchy, Aristocracy & Hierarchy have, on the contrary, become more ostentatious & more coercive. The class of offences, touching the government, the penalties & pains attending them, and the powers of the Crown are greatly encreased & enhanced.
Russia, Germany, Turkey, Spain, Portugal, Sweden & Denmark are, on a medium, no more free than in 1788. Poland is annihilated in ill concerted and ill fortuned struggles for more freedom.
The upper third of Italy, Venice excepted, may perhaps have acquired more liberty, and has certainly encreased its acquaintance with its principles. It is not doubted that the human mind & character has been ameliorated in Egypt. But they do not second us by preserving the republican form. That is done away.
We have gained something in opening the Human mind, and diminishing the irreligious wealth of the established Churches; as also by removing those prejudices which the hypocritical part of them had instilled, for ages, into mankind. We have also decreased the like powers, resources, and prejudices on the side of the monarchies and aristocracies of Europe. But still we have not yet added one sober, well constituted and powerful republic to our list. It is to me a cause of the most serious reflexion, that the United states remain the only well ordered & sober republic at the end of this most important, most expensive, and most sanguinary war, commenced, as to the first serious stages of it, for republicanism. It is also a matter of deep concern to me, that whatever may be the republicanism of many, very many in what is called the federal party, the two actual leaders of its two grand divisions are open and ascertained monarchists—that they contrived to lead up a corps of 65 in 138—that they took, while in power, so many deeply dangerous steps without any punishment (& at least so far as regards incapacitation & prevention, punishment seems necessary) that an open plan to annihilate the Militia has been as soon meditated & tryed, that the army & volunteers exhibited such a character & conduct without alarm to the republicans among the federalists, that foreign monarchical influence was so palpable, so open, so unchecked, but by the pens of individuals, and that calculations, so confident of the explosion of our system, were so certainly made at home and abroad.
This latter Idea merits particular attention: much is already known to you upon the Subject. Within ten hours of the intelligence of the peace, the writer of this note, recd. the most certain and explicit evidences, that in the autumn of 1799 and in the spring of 1800, before the non election of Mr. Ross was apprehended & those of Messrs: A. & P. had failed and while the french directory were expiring & Buonaparte’s office was forming and assuming, persons in London, of the most confidential english Governmental station and connexion, & persons of equally serious characters among the Monarchical Americans there, to a man, relied upon “a crisis” here, that would destroy the value of real estates, stocks and property in general, be attended with the most extreme confusion & disorder, and, as I infer (from the face of the Business) on a revolution in our Government. They believed there was more resolution or more Union than existed in the monarchic part of the federalists—and they did not duly appreciate this truth—that a powerful part of the Monarchists would not adopt their beloved plan at a moment that would throw the power into a certain individuals hands. I have long thought I saw symptoms enough to justify such opinions, and that it was a duty to act with a corresponding prudence, but the evidences, I have recd. within a few Hours, I never expected to see.
What then, under such circumstances, my solicitudes ask, what then are the terms, and views, known & secret, what to be the Consequences of a peace, concluding a war between the combined Monarchs, & the once noble French republican body—a war, wch. was the s[e]cond grand act of that great political drama, which America commenced in 1776. Our prudence ought well to observe, and well indeed to weigh these mighty concerns, touching true religion, true liberty prosperity, tranquility, safety. That such views & hopes in England, in 1799 & 1800, would continue over till now, that they will be fostered by every antirepublican Symptom attending the peace, that they would receive instant & positive activity from any secret antirepublican stipulation, I feel a full conviction. The fate of Venice—would not be easily imposed on America, but the numbers are serious, who would adopt the British form of government from inclination, interest, love of peace, or fatigue in politics. Distraction of our Country would be a great point to the European Monarchs, who believe it the cause of republicanism and see it, alas, almost the only free instance of successful adherence to it. Tis very certain the vein of conversation and writing against republican principles, republican men and the republican states is kept up in the highest degree. We have lately witnessed a brief, but much concocted publication from a weighty person in the North, in wch. it is asserted, without qualification, or reserve, that Government by a people or nation without some check, out of themselves, is impracticable & unexampled. These things and the universal unaltered state of the presses prove, tht. the views and action on the Subject are still completely maintained.
An apology should be made for this intrusion. I declare I have none to make, but a sincere belief in the truth & reasonableness of the general view, and the utility & necessity of turning the circumstances of the times incessantly in the American mind. Had this subject been fit for publication, it [would] not have been placed in this troublesome form, but the writer has several strong reasons for not publishing or being publickly known in this case: Wherefore he begs that the paper may be strictly confined to three persons, including the one to whom it is addressed. He concludes with repeating his apology for the intrusion.
P. S. It is not doubted that the peace will have favorable effects upon the property & prosperity of the United States in many important particulars. The only thing to hazard or interrupt its benefits is the political idea, upon which the foregoing paper proceeds.

   RC (DLC). Addressee not indicated. Unsigned; in Coxe’s hand. Dated ca. 1801 in the Index to the James Madison Papers. For conjectural date here, see Editorial Note, above.

   News of the peace preliminaries appeared in the Philadelphia Aurora General Advertiser on 23 Nov. 1801, based on a 3 Oct. account from the London Morning Post and a 2 Oct. London Gazette Extra. Advance rumors, however, had arrived in town two days earlier (see Thornton to Hawkesbury, 23 Nov. 1801 [PRO: Foreign Office, ser. 115, 9:146–47]).

   The Philadelphia Aurora General Advertiser had published on 18 Nov. 1801 the text of the pope’s 15 Aug. letter to the archbishops of France requesting that they resign their sees. The Aurora issue of 24 Nov. 1801 included the text of a 29 Aug. letter from Rome announcing that the purpose of Napoleon’s July 1801 Concordat with the Papacy was “to re-establish in France the public worship of the Catholic Church.”

   In spite of the split between the followers of John Adams and those of Alexander Hamilton, the Federalists had managed to achieve sixty-five electoral votes in the 1800 presidential contest (see Jefferson to JM, 19 Dec. 1800, PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 17:444).

   Federalist James Ross had lost his 1799 bid for the governorship of Pennsylvania. “A. & P.” were John Adams and Charles Cotesworth Pinckney (Cooke, Tench Coxe, pp. 360–61).

   The Venetian Republic, conquered by Napoleon in 1797, had been given to Austria by the Treaty of Campoformio.