Title: To James Madison from Levett Harris, 17 November 1803 (Abstract)
From: Harris, Levett
To: Madison, James

17 November 1803, St. Petersburg. Encloses his letter to JM of 27 Oct., which “reached Cronstadt too late for the occasion by which it was intended to be conveyed.” Not having heard from Count Vorontsov since their last meeting, waited on 16 Nov. on Prince Czartoryski, “who officiates for the prime minister,” and was told that “my Crendentials [sic] had been laid before the Emperor, who made no hesitation whatever to my due acknowledgement, that my Exequatur would be handed me very shortly, and that the first Levee I should be presented at Court.” Czartoryski attributed Vorontsov’s failure to give Harris the necessary advice “to a press of very important business then in the Cabinet,” adding “that I need not delay to acquaint my Government of my being recognized.” “He further mentioned as no Commercial arrangements were established between the two Governments, a letter from the President to the Emperor was looked for, I replied I was anxious … to convey to his Majesty the assurances of the high sense of respect and Consideration which the first magistrate of the United States was impressed toward the Person, and Character of the Emperor, and his desire to promote an entercourse which had been so auspiciously commenced. The Prince answered mais une lettre du President à l’Empereur sera toujours bonne.” Has been presented to commerce minister [Nikolai P. Rumiantsev], who “expressed an anxious wish to see me often, and a hope that our communications would tend to reciprocal benifit.” The emperor’s encouragement of “commercial industry and enterprize, is conspicuous among the numerous objects which manifestly engage the attention of his majesty in the improvement of his empire and the prosperity and happiness of his Subjects.” If the U.S. government “should deem it conducive to its interests to form any commercial arrangements with Russia,” he would recommend “the period which is at hand.” “The treaty between this Country and England will expire in February 1805, which … Russia would not be inclined to renew: by this treaty the English enjoy priviledges which Russia has accorded to no other nation, and who thereby have been enabled to prosecute a trade to the Baltic, which has perhaps been the most lucrative branch of their unlimitted Commerce.
“The United States are capable of furnishing Russia upon better terms than England with the produce of the West Indies … for which Russia has hitherto nearly altogether depended upon England.” Great Britain has had “the almost exclusive supply of the wants, and management of the commerce of all the Russian Ports in the Baltic.” “A well regulated Arrangement” might allow the U.S. to acquire this monopoly, leaving Great Britain to supply Russia with British manufactured goods. Under Alexander’s encouragement local manufactures “have been Considerably improved, and, it is thought, promise at no very distant period a prohibition to a large portion of the most important of those of England.” “The trade to the Black Sea … which the English are now following with advantage, may be made an object of no less consideration to America.” Will “communicate, every information which may conduce to the advantage” of his country. “From what I have been able to judge in my different communications with the officers of Government,… there is every desire to draw closer their relations and entercourse with America.” Has not had an opportunity to obtain the information requested in JM’s 9 Apr. circular, as he is waiting until he is “duly installed in office” to make the appropriate inquiries. “I hope to be able to transmit a general View of the trade of the United States with Russia the present year.”
A ukase by the emperor “dated the Oc 2½d. inst.” declares that “the convulsed state of Europe” requires “a levy … of Eighty thousand men, who shall be ready for Service by the 15th. January next.” Because of “a misunderstanding that has taken place at Paris, between the first Consul and the Russian Ambassador there, and which has induced the Emperor to direct the recall of his Envoy, a rumor has prevailed here of an approaching rupture betwixt the two Governments, which this late law of the Emperor contributed to encourage…: but the dispute at Paris appears to have been altogether of a personal nature.” Has been assured by a high government official “that this Government is well disposed towards France, and that the Emperor will not be induced by trifles to Swerve from the neutral position which he has resolved, if possible, to ma[i]ntain.” One benefit of this decision will be “the encouragement and prosperity of the Commercial entercourse between the United States and Russia.”

   RC, two copies (DNA: RG 59, CD, St. Petersburg, vol. 1). First RC 4 pp.; dated “5./17. November” in the Julian and Gregorian calendars; docketed by Wagner as received 2 June. Second RC marked duplicate; docketed by Wagner. Printed in Bashkina et al., The United States and Russia, pp. 379–82.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:583–84.

   See Harris to JM, 25 and 27 Oct. 1803 (ibid., 5:574–75, 583–84).

   Prince Adam Jerzy Czartoryski (1770–1861) was Russian deputy minister of foreign affairs from 1802 to 1806 (Bashkina et al., The United States and Russia, p. 1131).

   “But a letter from the president to the emperor will always be good.”

   The Anglo-Russian treaty of 21 Feb. 1797 was to run for eight years after the expiration of the treaty of March 1793 (Parry and Hopkins, Index of British Treaties, 2:132).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:491–93.

   The ukase was dated 20 Oct./1 Nov. 1803 (Bashkina et al., The United States and Russia, p. 382 n. 4).

   Napoleon apparently believed that Count Arkadii Ivanovich Morkov was intriguing with his enemies. After being subjected to a loud public tirade by Napoleon in September 1803, Morkov was recalled by Alexander, but the sting of his removal was eased when he was immediately awarded the Order of St. Andrew (Palmer, Alexander I, p. 80; Deutsch, The Genesis of Napoleonic Imperialism, pp. 199–200).


Title: From James Madison to Hoyt and Tom, 18 November 1803
From: Madison, James
To: Hoyt & Tom

Gentlemen.
Department of State. November 18th. 1803.
I have received your letter of the 8th. inst. Whether the case of your Sloop Hiram is embraced by the Convention with France may be considered as doubtful. It would therefore be advisable for you to take the advice of Counsel upon that point, and upon the steps necessary for you to pursue in order to bring it within the purview of the Treaty, if any further proceedings are incumbent upon you; for the 5th. Article of the Convention seems to restrict the compensation stipulated “to captures of which the Council of prizes shall have ordered restitution &c. and only in case of the insufficiency of the captors.”
The Convention with Spain respecting Captures remains before the Senate without ratification, and I have no advice of any progress being made in the adjustment of your other claim as an individual case. I am &c.
James Madison.

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

   Letter not found. Hoyt and Tom may have written about the Hiram, Captain Wilson, which was bound from New York to St. Thomas when it was seized about August 1800 by a French privateer and carried into San Juan, Puerto Rico. Gould Hoyt of New York was one of the principals in the “great East India firm of Hoyt & Tom” (Statement by W. Athearn, 4 Sept. 1800 [printed in Knox, Naval Documents, Quasi-WarDudley W. Knox, ed., Naval Documents Related to the Quasi-War between the United States and France (7 vols.; Washington, 1935–38)., 6:318]; Barrett, Old Merchants of New York City, 2:210).

   For Article 5 of the Claims Convention of 1803, see Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:518–19.

   See John and Isaac Laurence and others to JM, 20 Jan. 1802, and JM’s 26 Jan. reply (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 2:413 and n., 423).


Title: From James Madison to Charles Pinckney, 18 November 1803
From: Madison, James
To: Pinckney, Charles

Sir,
Department of State November 18th. 1803.
The Merchants of Philadelphia interested in the property detained in the Spanish ports of South America, have charged Mr Richard W. Meade with an Agency in respect to it. He will accordingly proceed to Madrid and from thence to South America. The knowledge you have already acquired of this business and the communications with which Mr Meade will further elucidate it, render superfluous at present any observations on my part. In referring you therefore, to the various instructions you have received in relation to this among other subjects of Spanish injuries against our commercial citizens, I have only to request you to render Mr Meade every reasonable and just countenance and support which his charge may require.
Mr Cook, respecting whose case I have several times written to you, requests that you may be informed that the originals of his papers are in this office.
Mr George Hunter has also requested that you might be furnished with the inclosed deposition in addition to the papers respecting his claim upon Spain. I have the honor to be &c.
James Madison

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

   Richard Worsam Meade (1778–1828) was a Philadelphia native who lost a considerable sum of money he had invested in trade with Buenos Aires when the Spanish government detained American ships there. Meade requested an appointment as commissioner to Spain under the convention arranged by Pinckney in August 1802 and later established himself in trade at Cádiz; from there he repeatedly petitioned to be appointed consul in place of Josef Yznardy. He was U.S. naval agent at Cádiz from 1806 to 1816 and was later imprisoned by the Spanish government (Meade to Jefferson, 8 Dec. 1802, Meade to JM, 22 Sept. 1804, Pierce Butler to Jefferson, 3 Oct. 1804, Jon Williams to JM, 24 Feb. 1806 [DNA: RG 59, LAR, 1801–9, filed under “Meade”]; Erving to JM, 14 Mar. 1809 [PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (4 vols. to date; Charlottesville, Va., 1984–)., 1:45–46 and n. 2]; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 4:150–51).

   See JM to Pinckney, 27 Mar. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 3:75).

   See JM to Pinckney, 22 Dec. 1802 and 7 Apr. 1803 (ibid., 4:213–14 and n. 1, 486–87).

   Document not found.


Title: From James Madison to James Simons, 18 November 1803
From: Madison, James
To: Simons, James

Sir.
Department of State 18th. Novr. 1803.
I have received your letter of the 31st. Octr., two of the 3d. and another of the 8th. of this month. The British Treaty except the first ten articles having expired on the 1st. of October last, all your deductions from it are misapplied.
With respect to Privateirs and their prizes entering the port of Charleston, you will in lieu of that Treaty strictly observe the provisions of the 25th. Art. of the Convention with France of the 30th. September 1800, with respect as well to England as to France; impartiality requiring that the same restrictions should be imposed on both. The enlistment of Foreigners on board of Vessels of their own Nation being permitted to a certain extent by the 1st. Section of the act of the 5th. of June 1794, it is not to be forbidden until other provisions take place. The prevention of contests and irregularities arising from the admission of privateersmen into the City of Charleston is a subject for the consideration of those alone who have the legal regulation of its police. By remaining in port the Telegraph altho’ she has made a prize, violates no rule of neutrality. If on the other hand either that Vessel or the Nancy has violated to [sic] the 4th. Section of the act above referred to, by increasing their warlike equipments, you will immediately report the facts to the District Attorney, and the Governor of the state, in order that they may sevorally take such steps as the nature of the case requires, and as are incident to their respective functions. The Nancy it would seem has been guilty of another sort of infraction by taking a station in the waters of the United States in order to make captures. You will also report to the Governor the facts relating to this latter subject. Neither of these Vessels being privateers they do not fall within the purview of the French Convention, but are subject nevertheless to the laws and rules founded upon our neutral duties as already transmitted and explained by the Treasury Department to Officers of the Customs. The enclosed rules are those which are to be observed with respect to repairs which may be necessary to be made upon privateers and their prizes. The laws are destributed among the Officers of the Revenue by the Treasury Department. The rules enclosed respect, in their form, only French prizes; but they are to be adapted to all prizes to privateers; and the repairs allowable to the latter in case of absolute necessity may be regulated by an anology deducible from them. I am &c.
James Madison.
The rules enclosed are those contained in the Circular letter of the Treasury Department to the Collectors of 26th. Novr. 1796.

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

   Letters not found. Simons was collector at Charleston, South Carolina, and one of the 3 Nov. 1803 letters no doubt dealt with the actions in that harbor of the captain of the French privateer Nancy (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:248; Charleston City Gazette and Daily Advertiser, 7 Nov. 1803).

   For the expiration of Articles 11 through 28 of the Jay treaty, see Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:264.

   Article 25 of the Franco-American Convention of 1800 forbade privateers of each of the contracting parties from outfitting their vessels, selling or exchanging prizes, and provisioning for long voyages in the ports of the other party (ibid., 2:477–78).

   Section 1 of the “Act in addition to the act for the punishment of certain crimes against the United States” forbade American citizens to accept commissions from foreign princes or states within the jurisdiction of the U.S. (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:381–82).

   The French privateer Telegraph entered Charleston harbor on 29 Oct. 1803 with its prize, the British schooner Union. The prize crew on board the Union later mutinied and returned the ship to the British (Charleston Courier, 31 Oct. and 18 Nov. 1803).

   The French privateer Nancy had been stationed just beyond the bar of Charleston harbor to stop and search departing vessels. The Nancy had pursued one American ship through the bar and into the harbor and was rumored to have been provided with men, food, military supplies, and financial credit from within the city of Charleston (ibid., 2, 5, and 7 Nov. 1803).

   Section 4 of the act of 5 June 1794 forbade “increasing or augmenting the force of any ship of war, cruiser or other armed vessel … in the service of a foreign prince or state” within the territory of the U.S. (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:383).

   These rules were intended to protect the government from loss of revenue, to preserve prize property, and to secure the departure of prizes “subject to the risque of re-capture” from U.S. ports (DNA: RG 56, Circular Letters of the Secretary of the Treasury [T series], 1789–1878).


Title: From James Madison to Carlos Martínez de Yrujo, 18 November 1803
From: Madison, James
To: Yrujo, Carlos Martínez de

Sir.
Department of State. Novr. 18th. 1803.
Mr. John Hollins a respectable Citizen of Baltimore, conceives that much injustice is done him at the Havannah, by the unnecessary and extraordinary delay of a Tribunal there, to decide on a case in which he is very deeply interrested. The enclosed explanation of it from himself, will enable you to judge of the grounds of this complaint; and will I flatter myself, induce you to interpose in a manner best calculated to hasten the decision which is wished, or otherwise bring about a removal of the suit to Madrid, and a final judgement according to its merits. I add nothing farther on the subject, Sir, because I am too well persuaded of your regard for justice and for the honor of your Government, and its institutions, to doubt the readiness of your aid as far as it may be proper, and the case may require. I am &c.
James Madison.

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

   Baltimore merchant and shipowner John Hollins was a partner in the firm of Hollins and McBlair, proprietor of several other firms, and holder of various municipal offices (Jerome R. Garitee, The Republic’s Private Navy: The American Privateering Business As Practiced by Baltimore during the War of 1812 [Middletown, Conn., 1977], p. 267). For the origin of his difficulties in Cuba, see George C. Morton to JM, 21 Apr. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 1:107–8).

   Document not found.

   On 21 Nov. 1803 Yrujo acknowledged receipt of JM’s letter, stating that he was writing to the interim intendant of Havana and hoped that his intervention would prove beneficial (DNA: RG 59, NFL, Spain, vol. 2; 1 p.; in Spanish; docketed by Wagner).


Title: To James Madison from William C. C. Claiborne, 18 November 1803
From: Claiborne, William C. C.
To: Madison, James

Sir,
Near Natchez Novr. 18h. 1803. 4 O’Clock in the Morning.
On last evening, I received by the express Mail, your Letter of the 31st. Ultimo, together with its several enclosures.
The Appointments with which I have been honored by the President demand from me, the warmest expressions of Gratitude. Impressed as I am with the importance of our newly acquired Territories to the Glory and permanent Interest of my Country, I cannot express to you, the pleasure I shall take, in contributing tho’ in ever so small a degree, to the peaceful and happy establishment of the American Government in Louisiana. I lament that I have too much reason to distrust my Talents for the high stations to which I am called. But if honest views, and zealous and faithful Attentions to the duties entrusted to me, will be accepted in lieu of more brilliant Abilities, I hope to retain that confidence of my Government, which at this time constitutes a principal happiness of my Life.
The part I am to act as one of the U. States Commissioners for receiving possession of Louisiana, stands first among the object of my Cares. And here permit me to say, that my greatest cause of solicitude, arises from the unfortunate Absence at present of my Colleague General Wilkinson from this part of the Territory. After retracing and remarking the boundary Line (in the Tombecbee District) between the United States and the Choctaw Nation, the General was about four Weeks since, in the vicinity of Pensacola; His delay there was expected to be short, and his Arrival at Fort-Adams is daily expected, but with what degree of certainty, I cannot pretend to say. Knowing however as I do the earnest anxiety with which the Eyes of all America are turned to this quarter of the Union, and how deeply the Interests of my Country are involved in a successful issue to the measures in contemplation, I shall proceed upon my own responsibility to make (in conjunction with the Commanding officer at Fort-Adams) such immediate preparatory arrangements as may be necessary, with a sincere wish, that I may be soon joined by my experienced Coadjutor. In pursuance of this determination, immediately on the receipt of your dispatches, I forwarded an Express to Captain Turner, the Officer commanding Fort-Adams, requesting him to be at my House, in the course of this day. With Captain Turner I shall consult as to the measures proper to be pursued to procure sufficient means of immediate transport for such additional Forces as the urgency of the occasion may require, and also for the necessary supply of Arms, Ammunition, provisions &c. I have also addressed a Letter to Mr. Clark and another to Mr. Laussat, copies of which (Nos 1 & 2) are herewith enclosed. These Letters I have committed, instead of the express Mail to Orleans, to the care of a confidential Messenger, having reason to believe, that at this juncture, they will by this means be more secure from interruption.
You will observe by my Letter to Mr. Clark that I lament the personal differences which I understand to subsist between him and Mr. Laussat: I cannot but consider such a misunderstanding peculiarly unlucky at this period, when so much may be gained from the friendship and sincere cooperation of that Minister. A sense of duty and patriotism however, will I trust induce Mr. Clark to forget at least for the present, any animosity which may have existed, and I doubt not but he will prove a faithful and useful Agent of the U. States in this Affair; for which service his Talents and local information seem fully adequate. I also enclose two Letters which I received in the course of this Week from Mr. Clark and my Answers thereto (marked A & B). From these you will discover, that an unwillingness exists on the part of the Spanish Officers, to surrender the Province, and that there are some grounds to fear that expedients would be practised to produce Delay; yet on the 10h. of the present month, no preparations had been made on the part of the Spanish Government to resist our taking possession. I also learn from a Gentleman just from Orleans, that the Works in that City were unattended to, and almost perfectly useless as a means of defence; and that the Regular Troops there were too few, even for the common duty of the Garrison. Were General Wilkinson now here, I would not hesitate to urge an immediate descent, with such Troops as are already prepared, and a small body of Volunteers from the Territory. My future conduct, if General Wilkinson does not soon arrive, will be regulated by the Answers which I shall receive from M. Laussat and Mr. Clark, and which I expect in 9 or 10 days; and in the mean time, I shall employ myself in perfecting the Military preparations already in Train. I cannot yet say with certainty what number of Militia I shall be enabled to bring effectively into the field; But I shall endeavour to muster as respectable a Force, as the population of our Territory, and the scattered situation of our settlements can afford. The order for the mounted Infantry from Tennessee, is a wise and provident measure, as that reinforcement will be at all events useful; if they arrive in time as an addition to our little Army, and if not as an excellent protection for the Territory (in our Absence) against any Annoyance which our Indian Neighbours may be induced to attempt.
I have at present only to add, that your Letter shall be carefully kept in view and attended to by me in all its parts, and I shall from time to time communicate to the Government the progress of events in this quarter.
The Territorial Legislature have been in session for seven Weeks past, but will rise Tomorrow, when I shall be discharged from much of the Business that has lately occupied a large portion of my time. Accept I pray you Sir, sincere assurances of my esteem and high Consideration.
William C. C. Claiborne

   RC and enclosures (DNA: RG 59, TP, Orleans, vol. 2); letterbook copy (Ms-Ar: Claiborne Executive Journal, vol. 13). Here and in subsequent Claiborne correspondence, any additional letterbook copies (Ms-Ar) have not been noted. For enclosures, see nn. 2 and 3.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:589–92.

   The enclosure marked “No. 1.” is a copy of Claiborne to Clark, dated 11:00 P.M., 17 Nov. 1803 (4 pp.; docketed by Wagner; printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:287–90, where it is dated 18 Nov. 1803). Claiborne sent Clark a copy of JM’s 31 Oct. 1803 dispatch and requested that Clark ascertain the military strength at New Orleans, the force that would be required to overcome it, and the best approaches to the city. Claiborne asked Clark to learn the size, strength, reliability, and influence of “a strong party at New Orleans” that Claiborne had been informed Clark believed would support the U.S. He asked if the Spanish had requested any troops from Havana and regretted that Clark “did not maintain as friendly an understanding with [Laussat] as I could wish.” “His Countenance & Co-operation with us, at this Critical juncture is all important.” The enclosure marked “No. 2.” is a copy of Claiborne to Laussat, 18 Nov. 1803 (2 pp.; docketed by Wagner; printed ibid., 1:290–91), in which Claiborne transmitted the dispatches that had arrived the previous evening, informed Laussat that he and Wilkinson had been named U.S. commissioners for the transfer, asked what preparations were being made, and said that he and Wilkinson would descend the Mississippi shortly after Wilkinson arrived at Natchez.

   Claiborne probably enclosed copies of Clark’s 7 Nov. letter and his first letter of 10 Nov. 1803 (see Clark to JM, 10 Nov. 1803, n. 1). Enclosure “A” is a copy of Claiborne to Clark, 14 Nov. 1803 (3 pp.; docketed by Wagner; printed in Carter, Territorial Papers, Orleans, 9:108), acknowledging receipt of Clark’s 7 Nov. letter, expressing his belief that there would be no serious opposition to the transfer of Louisiana to the U.S., and noting that he expected the arrival on 15 Nov. of an express from Washington with a copy of the treaty, the names of the commissioners, and details of the transfer. Claiborne said he had long been suspicious of Stephen Minor and had “designedly kept him uninformed as to my real intentions and preparations.” Enclosure “B” is a copy of Claiborne to Clark, 17 Nov. 1803 (2 pp.; printed ibid., 9:109), acknowledging receipt of the two letters from Clark of 10 Nov. (for the second 10 Nov. letter, see Clark to JM, 16 Nov. 1803, n. 1) and informing him that the Louisiana Purchase treaty had been ratified and that that day’s mail had brought commissions for Claiborne and Wilkinson, who had not yet returned from Mobile, as commissioners for the transfer. Claiborne asked Clark to hire “a decent house, well furnished; & with convenient Offices” suitable for the commissioners.


Title: To James Madison from Gabriel Duvall, 18 November 1803
From: Duvall, Gabriel
To: Madison, James

Sir,
Washington, 18 Nov. 1803.
Dr. Dinmore’s object in waiting upon You is explained in Mr. Bunts letter of the 16th instant which will be put into your hands.
It is apprehended by many of Dr. Dinmore’s friends that the Expositor, which is a useful paper, will be discontinued for want of an adequate support & patronage, unless he can participate in the printing business which is done on account of the United States.
In so large a work as is now about to be directed by Congress, if he can be employed to execute a part of it, without detriment to our finances, it will not only afford assistance to a meritorious character, but be productive of a public good, that of sustaining a well edited paper. I am with great Respect & esteem, your obedt. Sert.
G. Duvall.

   RC (DLC).

   Letter not found.

   For Richard Dinmore’s Alexandria Expositor, see Dinmore to JM, 9 Mar. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:407 and n. 2). Dinmore wrote to JM himself on 29 Mar. 1804 requesting authority to print the laws in the Expositor and in the American Literary Advertiser, which, he noted, had 103 subscribers in the Mississippi Territory (DNA: RG 59, LAR, 1801–9, filed under “Dinmore”).

   On 29 Oct. 1803 the House of Representatives appointed a committee to investigate the expediency of reprinting all House documents “from the first time of the sitting of Congress.” On 26 Dec. the House resolved that the secretary of state should “cause to be printed and collated, at the public expense, a complete edition of the laws of the United States, to consist of ten thousand copies” (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 8th Cong., 1st sess., 550–51, 789).


Title: To James Madison from the Right Reverend James Madison, 18 November 1803
From: Madison, James (Reverend)
To: Madison, James

My dear Sir
Novr. 18h. 1803 Williamsburg
I remit the Note, which you forwarded, & will thank you to supply John with 60$, & send to me one for the 500 orignally lent.
John is on his Way to Baltimore to commence his Novitiate in mercantile Business. I had destined him for the Law; but have submitted to his own Election. He appears anxious to give yourself, Mrs Madison & Miss Paine a momentary Call, & I have also urged him to do so.
Perhaps, as both of my Sons are now draining me at every Pore, I shall be obliged to give a draft upon you, about XMass, or new Year; if this Necessity should occur I will write in Time.
I observe the awkward, not to say unprincipled Opposition, which is made to the Louisiana Business. It might have been anticipated; but as Govt. will steadily pursue the Line mentioned, I have no Doubt of an Issue, which will either receive the Plaudit of every honest Amn; or, which will, if necessary, command the support of 99/100ths of the People. That France should waver is the only really unfortunate Feature in this important Transaction. But how she can retract, or under what flimsy Veil she will pretend to hide her Perfidy, I cannot devise. I am Dr Sir, Yrs. Most sincerely & Affy.
J Madison

   RC (DLC).


Title: To James Madison from John Madison, 18 November 1803
From: Madison, John
To: Madison, James

Dear Sir
Charles Town 18 November 1803
On my arrival in this place I was sorrowfuly informed that Mr. Mayers, our presant teacher intends leaveing this in the spring. Words cannot express the sorrow which this inteligence caused me, as I have just began the latin language, and intended to have continued with him untill next fall, during which time I can acquire a sufficient knowledge of it to answer my purposes. But the evil which I shall sustain will be scarce felt when compaired with the loss of the school. The Trustees have made no exertions to obtain a nother teacher, and if they should procure one the situation of the academy will not permit it to continue as one long; and I fear (but hope my fears are groundless) that as soon as Mr Mayers shall leave it, that instant will it cease to become a place of resort to those whot expect or even wish to become eminent in life. But as we are so unfortunate as to loose one of the best of men, I am under the necessity of supplying his place, by seeking a nother. I am advised by Mr Daingerfield to go to Winchester, but as the regulation⟨s⟩ of the school are by no meanes desireable I am in hopes my father will not send me their; whilst on the other hand I am advised by M; Mayer⟨s⟩ and severall others to go to washington collag⟨e⟩ in this state, this place is universally appr⟨o⟩ved of by those who are acquainted with it and as I have long had a desire to Visit it I am in hopes my desir will now be gratified.

I now read of nights Rollins ancient history this is the most masterly, the most entertaining, and above all the most entertaining study I have yet experienced.
Nothing can in my opinion be more beneficial to young mind, than to know from whence government took its rise; the variou⟨s⟩ causes by which the most flourishing kingdom⟨s⟩ and empirs ware raised and destroyed; and the principles by which those governments are to be preserved.
It is of no less importance for us to study attentively the manners of diferent nations; their genius, laws, and customs; and especially to acquaint ourselves with the character and dispositions, the talents, virtues, and even vices of those men by whom they ware governed; and whose good or bad qualities contributed to grandeaur or decay of those states over which they presided.
These are the great objects which ancient history presents; exhibiting to our View all the kingdoms, and empirs of the then known world; and at the same time all the great men who ware any wise conspicuous; theirby instructing us by example rather than p[r]ecept in the arts of empire and of war, the principles of government, the rites of policy, the maxims of civil society, and the conduct of life which suits all ages and conditions.
We acquire at the same time, a nother knowledge which cannot but excite the attention of every person who has a tast and inclination for polite learning, I mean the manner in which the arts and sciences ware invented, cultivated, and improved; we their discover and trease, as it ware with the eye, their origin and progress; and percieve with admiration the nearer we approach to those countries which ware once inhabited by the sons of Noah, in the greater perfection we find the arts and sciences; and that they seem to be neglected or forgotton in proportion to the remoteness of nations from them; so that when men attempt to revive those arts and sciences, they ware obliged to go back to the source from which they origeonally flowed.
These are misteress exp[l]ained only by history and by which we can only form a judmment of human nature.
The farther I proceed in this excellent work the mare eager am I to press foward to the sequil; so that my love for it has become so great, that I fear I divote too much of time ⟨to⟩ it which should be divoted to the latin.
I hope you will let nothing prevent your pointing out all errors which I may have maid. Give my compliments to my aunt. I remain yours
John Madison

   RC (ViU). Torn.

   John Madison (1787–1809), the son of JM’s brother William, was doubtless in Jefferson County, Virginia (now West Virginia), to attend the Charles Town Academy that had been incorporated on 25 Dec. 1797 (W.Va. History 17 [1955–56]: 324; Charles H. Ambler, A History of Education in West Virginia from Early Colonial Times to 1949 [Huntington, W.Va., 1951], p. 66).

   John Madison may have omitted “not” here.

   This was probably Henry Daingerfield of Winchester, Virginia, a cousin of JM (PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (4 vols. to date; Charlottesville, Va., 1984–)., 2:254 n. 1).

   Winchester Academy had been authorized by the state legislature in 1786 (William Couper, History of the Shenandoah Valley [3 vols.; New York, 1952], 2:1223).

   The trustees of the Presbyterian college of Liberty Hall (now Washington and Lee University) near Lexington, Virginia, changed the name of the institution to Washington College in 1796, after receiving a gift of James River Company stock from George Washington. John Madison was enrolled there in the winter of 1804–5 (Ollinger Crenshaw, General Lee’s College: The Rise and Growth of Washington and Lee University [New York, 1969], pp. 14, 26, 28; John Madison to JM, 18 Feb. 1805 [NN]).

   Histoire ancienne des Égyptiens, des Carthaginois, des Assyriens, des Babyloniens, des Mèdes et des Perses, des Macédoniens, des Grecs, by Charles Rollin (1661–1741), was first published from 1730 to 1738. The first full English translation was completed in 1739.


Title: To James Madison from James Yard, 18 November 1803
From: Yard, James
To: Madison, James

Dear sir
Philada. Novr. 18. 1803.
I arrived at NYork a few Days Since in bad Health, which prevented my writing to you Sooner. In the present state of the public Affairs it may be useful to you to know that The spanish Government has positively refused to extend the provisions of the last Treaty to the objects which you So justly & So positively insist on. Mr. Pinckneys Dispatches are in the Hands of Mr. Young whom I left at Cadiz waiting for an oppy. to come to this Country. It was a subject of deep Regret to every one who knew the state of our Affairs in Spain that Colonel Monroe did not go there. If my domestic Concerns would admit of it I Should chearfully pay you a Visit in order to give you in Detail any Information I may possess as to our public Affairs. But Mrs. Yard is so much indisposed that I cannot leave her for a Day. If there are any Specific or general points on which you think I can give any useful Information I beg you to ask with Confidence & if you will ask in Confidence I will have no hesitation to Speak without Reserve. I am very respectfully Dear sir Your obliged & hble servt.
James Yard

   RC (DLC).

   For JM’s instructions regarding changes to be made to the Convention of 1802, see JM to Charles Pinckney, 22 Mar. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:442–43).


Title: From James Madison to Wheelwright and Combs, 18 November 1803 (Abstract)
From: Madison, James
To: Wheelwright and Combs

18 November 1803, Department of State. “⟨I have received your letter of the 4th. inst. [not found]. It appears that Mr. Melville was appointed your Agent with special instructions to sell your Bills. This trust therefore being personal and private, its exicution to your disadvan⟩tage cannot afford a foundation for ⟨the⟩ interference of ⟨the⟩ Executive to claim restitution of the loss from the French Government, which in the late Convention with the United States has provided for paying the full amount of the bills themselves to the assignee, who holds them and who, in whatever respects them represents the claim you had. The copies of the bills are returned.”

   RC (DLC: Causten-Pickett Papers, box 99); letterbook copy (DNA: RG 59, DL, vol. 14). RC 1 p.; in a clerk’s hand, signed by JM. Top section of RC missing; text in angle brackets supplied from letterbook copy. Enclosures not found.


Title: To James Madison from William C. C. Claiborne, 18 November 1803 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

18 November 1803, Natchez. “Shortly after closing my despatches of this morning I received the enclosed letter from Mr Clarke to which I returned an answer, a copy of which is likewise enclosed.”

   RC and enclosure (DNA: RG 59, TP, Orleans, vol. 2); letterbook copy (Ms-Ar: Claiborne Executive Journal, vol. 13). RC 1 p.; printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:294. For surviving enclosure, see n. 2.

   Claiborne probably enclosed a copy of Clark to Claiborne, 11 Nov. 1803 (DNA: RG 59, CD, New Orleans, vol. 1; printed in Carter, Territorial Papers, Orleans, 9:102–4). Another copy of this letter, dated 10 Nov. 1803, was enclosed in Clark to JM, 10 Nov. 1803.

   Claiborne enclosed a copy of Claiborne to Clark, 18 Nov. 1803 (1 p.; printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:294), in which Claiborne acknowledged receipt of Clark’s 11 Nov. letter, expressed his approval of Clark’s actions, and said that the local militia would accompany the troops from Fort Natchez and that a printer with equipment would arrive at New Orleans within two weeks.


Title: To James Madison from John Condit, 18 November 1803 (Abstract)
From: Condit, John
To: Madison, James

18 November 1803, Washington. “Enclosed you will receive the recommendation of Mr. Lambert Vice President of N. Jersey, and James Mott One of our late Representatives in Congress in favor of William. S. Pennington for District Attorney of the U. S.—in the place of George C. Maxwell—Whoes resignation I am informed was to come on to the President of the U. S. by the last Mail, and be Accompanied by the recommendation of Governor Bloomfield in favor of Said Pennington. Mr. Penningtons recommendations Are good, but I believe not better than his Character deserves.” Requests that the recommendation be passed to the president as soon as possible.

   RC and enclosure (DNA: RG 59, LAR, 1801–9, filed under “Pennington”). RC 2 pp.; docketed by Jefferson. For enclosure, see n. 2.

   Republican Dr. John Condit (1755–1834) represented New Jersey in the House of Representatives, 1799–1803, and in the Senate, 1803–17. He was assistant collector of the port of New York from 1819 to 1830.

   Condit enclosed a 13 Nov. 1803 letter from John Lambert to Condit (2 pp.) with a 14 Nov. 1803 note by James Mott at the foot of the second page agreeing with the recommendation.

   Maxwell’s 11 Nov. 1803 letter of resignation to Jefferson recommended Pennington (DNA: RG 59, LRD). On 14 Nov. 1803 Joseph Bloomfield wrote Jefferson that Pennington, the Republican leader in the New Jersey legislature, “is not at the head of the profession, Yet for talents, indefatigable industry and integrity, is not inferior to any of the Bar of New-Jersey” (DNA: RG 59, LAR, 1801–9, filed under “Pennington”; 3 pp.; docketed by Jefferson). Pennington’s nomination was presented to the Senate on 21 Nov. 1803 and approved on 25 Nov. (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:458, 459).

   In March 1804 Pennington resigned the position of district attorney for New Jersey, having accepted an appointment as a justice of the New Jersey Supreme Court. He was replaced by Joseph McIlvaine of Burlington, who was recommended to JM by Ebenezer Elmer, Adam Boyd, Henry Southard, James Sloan, and William Helms, members of the House of Representatives from New Jersey, at the urging of members of the New Jersey General Assembly (Pennington to JM, 8 Mar. 1804 [DNA: RG 59, LRD; 1 p.; docketed by Jefferson]; Ebenezer Elmer and others to JM, 19 Mar. 1804 [DNA: RG 59, LAR, 1801–9, filed under “McIlvaine”; 2 pp.; docketed by Jefferson; enclosing a 1 Mar. 1804 letter to the New Jersey congressional delegation signed by members of the General Assembly]; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:466).


Title: To James Madison from John Ross, 18 November 1803 (Abstract)
From: Ross, John
To: Madison, James

18 November 1803, St. Marys. Knowing nothing of the negotiations in 1800 between the U.S. and France “relative to Debts due by France to Citizens of the United States” and not having “seen the Conjectural Note as mentioned in the 2d Article of the last Convention with France,” does not know “in what form … Claims ought to be exhibited and to whom.” “May I expect that payment is intended to be made by our Government for the equitable claims that our Citizens have against France for supplies of Provisions & Dry Goods in some measure taken in their Ports by Force for the use of French Troops at St. Domingo in the years 1796 & 1797. The Officers of Administration at Cape Francois &c. made their Contracts and Receipts in Writing, but the originals are some of them lost by my being upset at Sea, copies of which I have, and can support them with the Deposition of either the Master or Supercargo with the addition of my own Oath, to prove that no part of the payment hath been made.… What kind of Voucher will be required generally in such Cases?” Hopes copies of his claims may be obtained from French records at Cap Français or Paris.
“In Jany. or Feby. 1796 General Rigaud put into Requisition a fine Schooner of mine at Aux Cayes for the purpose of conveying a Cargo of Provisions to the French Troops then Blockaded at Leogane by British Forces with a promise of Two thousand Dollars for performing the Service and Six Thousand Dollars for the Vessel in case of Loss or capture. The American Master continued on board and proceeded to Leogane where the Cargo was faithfully delivered, but on her Return towards Aux Cayes, in a calm, she was overhauled by a British Barge conducted to Jamaica and condemned, The Cost of Trial cost me upwards of 1000 Dollars and thus I am deprived of 9000 Dollars without any other Voucher than a Deposition of the Interpreter, and the Master and a Copy of Condemnation at Jamaica. The General and Ordonnateur both were applied to for an Ordinance but it never was granted.
“In another instance a Cargo of Sugar taken on board the American Schooner Three Friends at Larcahaye [Arcahaie] then in possession of the British Forces on its way to Baltimore was captured by French Barges condemned and sold at Leogane.” Has copies of the condemnation and protest and can obtain an affidavit from the captain. “My claim for this Property seems to depend on the Legality of Neutrals Trading with the British in possession of a Territory acquired from the French during the War.” Was born and has lived most of his life in Baltimore. His citizenship is well known to Samuel Smith and Robert Smith, to whom Ross “wrote by a Gentleman who has taken his passage by Water and may be delayed.” This has induced him to write to JM “by Mail.” “Flattering myself with your compliance so soon as the nature of your more important Busness will admit of leisure sufficient for the purpose I shall postpone the preparation of my claims untill the desired information can be obtain’d.” Adds in a postscript that “The Three Friends was captured in the year 1796.”

   RC (DNA: RG 76, Preliminary Inventory 177, entry 143, France, Adjudication of Unsettled Spoliation Claims, Unbound Records, box 17, folder “Claim of John Ross”). 2 pp.


Title: From James Madison to Joseph H. Nicholson, 19 November 1803
From: Madison, James
To: Nicholson, Joseph H.

private
Dear Sir
Novr. 19. 1803
Your request of the naval force of Morocco was sent you this morning. I now enclose a list of impressments. You will please to understand that this is not officially done, and in expectation that no official use will be made of either; the regular course requiring that information should be furnished by a call of ⟨Congres⟩s on the Presidt. I will take occasion to talk with you on this subject generally. At present I suggest only that it is particularly proper that the business of impressments should be deemed too important to ⟨be⟩ managed in any subordinate or irregular way. Yrs respectfully
James Madison

   RC (DLC: Joseph H. Nicholson Papers). Damaged by removal of seal.

   Neither a request from Nicholson nor JM’s earlier reply has been found, but see JM to Eustis, 17 Nov. 1803.

   Enclosure not found.

   In Jefferson’s 17 Oct. 1803 state of the union message he had called the attention of the legislature to the question of whether current laws afforded American citizens the protection necessary in a time of renewed war. On 22 Nov. 1803 the Senate formally requested that the president forward whatever information had been received regarding the impressment of U.S. seamen (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 8th Cong., 1st sess., 14–15, 80).


Title: To James Madison from William C. C. Claiborne, 19 November 1803
From: Claiborne, William C. C.
To: Madison, James

Sir.
Near Natchez 19th Novr. 1803. (12 o’clock noon)
Captain Turner, the commanding officer at Fort Adams has just arrived. He tells me that by letters from General Wilkinson dated at Pensacola on the 27th of last month, he learns that in three days the General was to set out from that place by the way of New Orleans for Fort Adams, and would probably arrive there on to morrow. Captain Turner adds that all the troops at Fort Adams in sufficient health to bear arms will be ready to march in three days. The sick list there remains the same as last reported to the war office. I am making great exertions to raise all the Militia I possibly can. The Assembly adjourns to day: and my whole attention may therefore be now devoted to the New Orleans expedition. With great respect, I am, Sir your obedient Servant
William C. C. Claiborne

   RC (DNA: RG 59, TP, Orleans, vol. 2); letterbook copy (Ms-Ar: Claiborne Executive Journal, vol. 13). RC in a clerk’s hand, signed by Claiborne; docketed by Wagner.


Title: To James Madison from Edward Thornton, 19 November 1803
From: Thornton, Edward
To: Madison, James

Sir,
Washington 19 November 1803
Messrs W. & J. Crooks, Merchants trading in the British town of Niagara, have addressed a complaint to me, that they are refused in the War Office of the United States payment of the balance of an account for sundry articles furnished by them about three years ago to Major Rivardi, then commanding at the American Garrison of Niagara, in conformity to the instructions understood to be given to that officer. From the papers which I have seen, it appears that the payment is refused, partly because a sale was made to these merchants of sundry articles the property of the United States, which Major Rivardi it is asserted had no authority thus to dispose of; partly because various articles were supplied by them to the garrison of Niagara of a kind and to an extent, not admitted by the regulations of the department of war.
As nothing which has been exhibited to me gives room to suspect any improper practices, or to suppose that the commodities were not fairly and actually supplied, I hope to have your good offices in procuring the adjustment of this account, because I am persuaded you will think it consistent neither with justice nor with sound policy, that a foreign merchant trading upon the good faith of an authorized agent should be the sufferer for any departure from instructions, with the limits and regulations of which it is not to be presumed he can be fully acquainted. I have the honour to be with perfect truth and respect, Sir, Your most obedient humble servant,
Edwd Thornton

   RC (DNA: RG 59, NFL, Great Britain, vol. 2). Docketed by Wagner.

   Brothers James and William Crooks were Scots immigrants who ran a Niagara mercantile enterprise specializing in military provisions (Francess G. Halpenny, ed., Dictionary of Canadian Biography [14 vols. to date; Toronto, 1966–], 8:185).

   The correspondence with the War Department regarding the Crookses’ claim has not been found. Swiss native John Jacob Ulrich Rivardi held the rank of major in the U.S. Army from 1795 to 1802. He died in Martinique in 1808 (Charles Kitchell Gardner, A Dictionary of All Officers, Who Have Been Commissioned, or Have Been Appointed and Served, in the Army of the United States … [New York, 1853], p. 382; Syrett and Cooke, Papers of Hamilton, 25:26 n. 1). For the difficulties Rivardi had in obtaining supplies for the troops under his command at Fort Niagara, see ibid., 22:567, 23:216–17, 290, 488, 489 and n. 4, 490.


Title: To James Madison from Vincent Gray, 19 November 1803 (Abstract)
From: Gray, Vincent
To: Madison, James

19 November 1803. Acknowledges JM’s letters of 26 Aug. [1802] and 6 and 9 Apr. 1803. “As to Fosters claim, I do not know on what grounds Government can take it up—as that affair hath always been enveloped in so much mystery, as to put it out of my power, to make my self acquainted with the merits of his case: However I will procure such papers as may be attainable, and forward them to your Department.
“I have had a letter lately from him at Charleston, but as he knows that I am well informed as to the cause of his confinement, he does not send me any papers relative to his claim.” Official news has been received of war between Great Britain and France, as well as accounts of the capture of several French and American vessels carrying French cargoes. “A French Cutter arrived last Even’g from the Cape, with dispatches for this Government—and as Genl Noailles and the vessels that sailed before and after his, hav’g Horses and Dogs on b[o]ard, had not arrived at the Cape, or been heard of, when the Cutter left there, we presume that they have been captured.” Another cutter with dispatches for the French commissary and commandant at Havana sailed from Cap Français before this cutter and is also presumed captured.
“The Citizens of Santo Domingo are daily arriv’g in every part of the Island, where they have fled for protection—but it would appear that the Government is not well disposed to receive them.
“As our Commerce will soon be subject to the depredations of both French & English vessels of War, as well as private armed vessels, I shall endeavor to supply all those departing the Port, that are realy and truly American property, with such documents, as will secure them from Capture and detention. And I have no doubt but what the Government as well as the American Merchant, will soon feel the happy effects, of the late wise regulations adopted by our Government, relative to Marine papers.
“They have already been felt here, and our Marine papers begin to be respected; as well as our Laws and regulations relative to Seamen; which before were considered as a dead letter, and treated with every Contempt by our Country men, worthy of Foreigners, not acquainted with the Spirit of our Constitution and Laws of our Country.”

   RC (DLC). 3 pp. Undated; date assigned on the basis of Gray to JM, 28 Nov. 1803.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 3:490 n. 5, 4:484–85, 491–93.

   See Circular Letter to American Consuls and Commercial Agents, 9 Apr. 1803 (ibid., 4:491–93).


Title: To James Madison from John Parker Boyd, 20 November 1803 (Abstract)
From: Boyd, John Parker
To: Madison, James

20 November 1803, Boston. “Permit me to ask your patronage for my brother Joseph C Boyd. He had a mercantile education in this Town, and has been several years resident in the Town of Portland, in the line of his profession, in which time he has obtained the rank of Major in the independant Militia of the District.” Joseph C. Boyd wishes to be named marshal. John Langdon has written on his behalf to Jefferson and to Levi Lincoln. “Mr. [Richard] Cutts now in Congress is particularly acquainted with my brothers capacity, integrity, attachment to the constitution and his zeal in favor of the present administration.”

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

   John Parker Boyd (1764–1830) was born in Newburyport, Massachusetts, and served as a mercenary officer in India. He was commissioned as a colonel in the Fourth Infantry in 1808 and was promoted to the rank of brigadier general in 1812 (PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (4 vols. to date; Charlottesville, Va., 1984–)., 4:560 n. 1).

   For Joseph C. Boyd’s earlier request for patronage, see Joseph Coffin Boyd to JM, 25 Aug. 1803 (ibid., 5:346).

   On 1 Oct. 1803 John Langdon described Joseph C. Boyd to Jefferson as “perfectly correct in his Politics, and in every way well qualified for the Business” (DNA: RG 59, LAR, 1801–9, filed under “Boyd”).


Title: To James Madison from Charles Pinckney, 22 November 1803
From: Pinckney, Charles
To: Madison, James

Dear Sir
November 22: 1803
I have the honour to inclose to you some of the consular accounts I have recieved and of which these are duplicates—that of Mr Yznardy’s & Terrys from Cadiz will be forwarded as soon as recieved & upon my examining Mr Kirkpatrick of Malaga I find there has been a small mistake in the Draught made on Amsterdam on his account of the sum of One hundred & five Dollars owing to his having included in the only bill he drew on me two accounts both due him, but which ought to have been kept separate of which I sent notice to our Bankers & desired them to rectify the mistake—his consular account then stands properly at One hundred & fifty eight Dollars. The accounts of Consuls which have been paid by me amount altogether to a small sum of which Mr Youngs are the most being paid before the receipt of the remarks made by you thereon. Since that very little has been paid to any one, for I so generally object to their large accounts, that few are now sent that are not very small.
I inclose to you also a letter from Mr Montgomery with the Governour at Alicante’s letter; in answer to which I informed Mr. Montgomery that I saw no way to avoid the payment when demanded in a manner so official as this is.
I have this moment recieved a letter from Mr Kirkpatrick dated at Malaga the 16—where something like the Plague rages in so dreadful a manner that great care ought to be taken how we admit Vessels from that Port. On this subject I have already written twice & now repeat it.
Spain to the astonishment of all Europe still finds the means to keep neutral my opinion however is that this State of things cannot last & that she must soon become a party to the War & then I am hopeful We shall easily gain all We ask. I am still anxiously waiting to recieve some accounts from Mr Monroe or to see him & am doing every thing which existing circumstances warrant to pave the way to the acquisition you wish. My affectionate respects & best wishes, you will always please to tender for me to the President & our friends & believe me with great regard & esteem Dear Sir Yours Truly
Charles Pinckney

   RC and enclosures (DNA: RG 59, DD, Spain, vol. 6A). RC marked “Duplicate”; docketed by Wagner as received 28 Mar. 1804 with the notation “Irregular accounts.” For surviving enclosures (filed before Pinckney to JM, 10 Nov. 1803), see n. 2.

   Enclosures not found.

   Pinckney enclosed copies of (1) Robert Montgomery to Pinckney, 9 Nov. 1803 (2 pp.), enclosing a letter from the local governor regarding payment of port charges incurred by four American vessels convoyed by the John Adams, asking Pinckney’s advice on the state of the Spanish-American claims convention, and reporting Alicante free of the disease that was at Málaga; (2) Governor Josef de Sentmanat to Montgomery, 3 Nov. 1803 (2 pp.; in Spanish), saying he had received instructions dated 26 Oct. from Cevallos to follow the regulations regarding the payment by the consul of port charges incurred by the four ships; and (3) Montgomery to Sentmanat, 22 Sept. 1803 (1 p.; in Spanish), saying he was transmitting the royal order to the U.S. government. For the royal order restricting entry of foreign warships into Spanish ports, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:461 and n. 2.


Title: To James Madison from Daniel Clark, 22 November 1803 (Abstract)
From: Clark, Daniel
To: Madison, James

22 November 1803, New Orleans. “I inclose you a Copy of a Letter written to Governor Claiborne in answer to one recd from him last Night in which he mentions that the Treaty has been ratified & that General Wilkinson & himself are appointed Commissioners to receive the Province of Louisiana.
“He further mentions that on the 18th. he would have an important dispatch to send me which would require an immediate answer, when it is received I shall pay the utmost attention to its Contents.” Transmits two letters and asks JM to forward them. Adds in a postscript that he has just received JM’s 31 Oct. dispatch. “I shall reply to it tomorrow after seeing the Prefect, and hope there will be no necessity of having recour⟨se⟩ to violent measures—An appearance of energy & decision on our part will be sufficient to insure success.”

   RC (DNA: RG 59, TP, Orleans, vol. 2). 2 pp.

   Enclosure not found, but it was probably a copy of Clark to Claiborne, 21 Nov. 1803 (DNA: RG 59, CD, New Orleans, vol. 1; printed in Carter, Territorial Papers, Orleans, 9:114–16), acknowledging receipt of Claiborne to Clark, 17 Nov. 1803. For a description of Claiborne’s letter, see Claiborne to JM, 18 Nov. 1803 (first letter), n. 3.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:592–93.


Title: To James Madison from John Gavino, 22 November 1803 (Abstract)
From: Gavino, John
To: Madison, James

22 November 1803, Gibraltar. No. 137. Sends his no. 136 [15 Nov.] by this vessel also. There has been no political news since then. “You will have been informed by the Honourable Secretary of the Navy the disagreeable Occurrence which took place here between Comodor Prible & some British Commanders of Ships of Warr respecting Seamen.” The British officers have written to their government. “I have now to mention a few late Circumstances which have Occurrd regarding Men from our Merchant Vessels.” Captain Corbett of the Bitterell [Bittern] impressed two men from a U.S. merchant ship. One man is said to have been born in Scotland, the other in England, and Corbett claimed “that their Laws did not alow them to forfit their allegiance.” Two Englishmen who had signed on as Americans deserted from the brig Mentor, Captain Atkins, and the ship Monsoon, Capt. [David] Nickerson, both of Boston. “They went and enterd on board the English frigate Medusa Cap: Gore, where they swore were British Subjects.” Captain Gore demanded the men’s wages from the U.S. captains, “which they refused and applied to me to know how was to act, when told him that as the Man had signd articles and by them the wages become forfited, they should not pay them referring the officers to me, which they did; when Capn: Gore sent to me on Captain Atkins affair, I told the officer would not pay them, and if attempted to detain the Vessel my orders to the Captain was to abandon her to them.” Gore replied that he would take the business to the vice-admiralty court, “to which I replied had no objection in seeing him there, where I had on a similer occasion cast Capn: Midilton of the Flora frigate, nothing more was said on the Subject.” The U.S. ships departed but returned a few days later. The captains said that when they were nearly out of Gibraltar Bay “the Medusas Boat boarded them demanding the wages, & if did not pay them to return to Port, the Capns: rather than run the risk of loosing the wind paid them.” “This day the Ship Dunegal of 74 Guns Commanded by Sir Richard Straughan pressd from on board the Brig Sophia of Baltimore Capn: Norman John Felsh who is on the shiping List calld a Native born Citizen of the U. S., but it seems he has declared on board the ship of war that he was born at Hambourgh (yet Cap: Norman tells me he believes him to be a Hanoverian) Sir Richard Straughan insists on his being an Englishman & Demands the Mans Wages, as you will see by Copy of Capn: Normans Protest inclosed.” In view of “the altercation which took place with Commodor Prible,” thinks JM should be aware of these incidents “that they may serve for your Goverment if Necessary.”

   RC and enclosure (DNA: RG 59, CD, Gibraltar, vol. 2). RC 4 pp.; docketed by Wagner as received 20 Jan. 1804. For enclosure, see n. 2.

   For the dispute between Preble and the British navy concerning deserters at Gibraltar, see Christopher McKee, Edward Preble: A Naval Biography, 1761–1807 (Annapolis, 1972), pp. 173–74, and Preble to Robert Smith, 5–17 Oct. and 23 Oct. 1803 (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)., 3:139–43, 160–62).

   Gavino enclosed a copy of James Norman’s protest (2 pp.; docketed by Wagner; printed ibid., 3:234–35) stating that the Sophia had left Trieste on 22 Oct. 1803 bound for Baltimore, that it was forced into Gibraltar on 21 Nov. by bad weather, and that soon after its arrival the ship was boarded by a crew from the Donegal that seized “John Felt a Citizen Mariner.”


Title: To James Madison from Robert R. Livingston, 23 November 1803
From: Livingston, Robert R.
To: Madison, James

No 91
Sir
Paris 23 Novr 1803
I am now to reply to your favor of 29th adressed Jointly to Mr Monroe & myself. A letter which affords me the highest Satisfaction in assuring me of the President’s approbation of the Treaty, about which I had felt much anxiety from the long time that your letter was in reaching me, & from my having heard nothing from the Government thro’ any other channel. The reasons you assign for not having embraced any other than the West Side of the Mississipi, in your Commission, are conclusive, as you could not know till the receipt of mine of January, that I had extended my views beyond it, & as the general complection of my letters always gave you reason to doubt of Success. While I omitted no means to obtain it I thought it imprudent to encourage hopes that might probably be disappointed, & which indeed, I hardly allowed myself to entertain, from the difficulties I had to encounter, & which could never be realized without those express powers which I requested, but which were not received till after the appointment of Mr Monroe. You will find in these circumstances an apology for my confining my proposition to the country above the Arkansas which you appear to have disapproved. By my first Memoire, I endeavoured to disgust the Government with the colonization of Louisiana generally. I found however, that I Should have two important difficulties to contend with. 1st the idea that was circulated here & generally believed that we extended our views to Mexico which probably occasioned the promise on the part of the first consul [in] the Treaty of St [Ildefonza] not to alienate his acquisition second the wish that the first entertained to have Some place to which to send certain characters into honourable banishment which has since been done away by the stable form the government has taken. 3d the having a Supply of timber for their Islands. It appeared to me however that if France possessed the fertile country that lays above the Arkansas, & is, on many accounts, the most inviting to our people; that She would Soon either have drawn our Settlers from the Western States or, perhaps in process of time induced them to join her to prevent this was an important object. I was Satisfied too, that if this could have been obtained, together with new Orleans, & the East Side of the River with the great proportion of West Florida to which my project extended, that the remainder would soon appear of too little value to have been long retained. The offer I made therefore was pointed to the State in which things then were.
Had I offered for the whole of Louisiana, I Should as you observe have shewn “a greedy ambition” for which I could give no reason: for the country above the arkansas, I could offer two reasons; first, that its distance rendered it useless to France & liable to revolt at any time; & next that it was always attackable from Canada: By leaving them between us & Mexico, I Shewed that we had no views to that Country. With respect to Eastflorida, I knew that they wished both on their own account & that of Spain to have the Ports there, But I knew also that the poverty of that country, the expence it would draw after it if possessed by France and above all the impossibility of their keeping it in [ca]se of [a] war would facilitate our obtaining it at a future day on easy term[s] [so that] I believed that my project would accomplish all our objects at a very moderate price. What the ideas of our Government on the Subject of price was, I never knew till Mr Monroe’s arrival & was therefore to Shape my project to that which could be obtained on the easiest terms. When a war threatened, you observe in my notes to Joseph Bonaparte that I strongly pressed the surrender of East Florida as the only means of saving it from England and doubtless would have obtained it had it been in the hands of France. These reasons, I hope, will Justify me particularly when one of those assigned by the Minister for the cession of the whole, was that I had demanded all that was worth having—& when you see the order given to Mr Laussat for the delivery of the country you will find that this Government have taken their reasons for the transfer, from my notes almost verbatim.
Tho’ the reasons you assign for the acceleration of the Treaty are doubtless Such in a great measure influenced it particularly that drawn from the Spirit & conduct of our own Government in the business of New Orleans; yet there is one point in which I believe your opinion is erroneous, and on which it would be proper to have correct ideas, because it may influence other operations. You Suppose that the British were averse to have France in possession of Louisiana, I have reason to think that it would have been much more agreable to them to have left her [there] than to have seen it ce[d]ed to us they knew it would drain their wealth involve them with us and be a weak point in case of war thus I should have reasoned a priori that they did so I infer from the following facts when I [ar]rived in France The Conference having then Just commenced at Amiens, I wrote to Mr King proposing to him to meet me there that we might endeavour to throw some obstacle in the way of the cession of Louisiana thro the aid of England he ap[plied] to Lord Hawkesbury who told him that England would not make it a [point] in their treaty. Afterwards when the two Governments began to differ, & to explain their mutual grievances I Spoke frequently to Lord Withworth to know whether the cession of Louisiana by Spain had given any umbrage, & whether he had any order to counteract it or to complain of it. He told me he ha[d] not that it was not a [matter] in which England interested herself and this is confirmed by an examination of their state papers. When they Stopped the expedition from Sailing from Holland, it was as they expressly avowed least they Should reinforce their Islands. Nor must you Suppose the finances of France in as deranged a State as to operate much upon great political question, the truth is her finances are in a better State than those of any other great power in Europe, which you will easily believe when you See that the war has occasioned no new taxes, no loans, & a very triffling fall in the price of Stock, & when not one of the numerous improvements in the Ports, Canals, roads Cities, &c which were projected before have met with the least check, & those improvements are beyond any thing that you can conceive. In the City of Paris alone whole Streets with magnificent houses are purchased & laid prostrate merely to add to its beauty what no former King of France would dare to think of, is effected by its present ruler. By the State of the revenue published by Mr Marbois, there was an excess beyond their expences of a considerable Sum and it is generally understood that for certain reasons the true amount of the re[v]enue is much diminished in that statement. I believe however that for the moment Since the declaration of war they had Some difficulty but none that either led to new taxes or New loans. I mention these things, both because it is best to have correct Ideas of them, & because I think the merit of our Government in obtaining the Treaty Should not be diminished by ascribing it to causes in which it had no agency; & which did not in fact operate on it. I am very Sorry that the application of the money rather to our own Citizens than to the French Government, does not meet with your approbation, & the rather as it appears from Mr Monroe’s letters transmitted you, (tho’ I did not know it at the time) that he also disapproved it. The whole fault then of this measure falling upon me, I must State to you the reasons that Justified it to me at the time, & the validity of which I Should Still have confided in, had you not given me reason to distrust my own opinion by Shewing that it differed from yours.
1st. I found the Situation of the creditors here very distressing. They had wasted what little property they had in fruitless Sollicitations; the promise I had obtained for their full & prompt payment had for obvious reasons been made public, they relied upon it & had made arrangements in consequence of it for their return to their families: to have paid them in Stock would have been a payment of no Specific value, that they must have Sold at very considerable loss, & thus depreciated the Stock in the hands of France & affected the whole Stock of our country. So far as it related to our own Treasury I certainly thought it most convenient that we Should pay as we propose to our own Citizens. Mr Gallatin directs as the best mode that France Should by her agent receive the money in America. This in the probable case of a war She certainly would not have done, because She had no means to draw it home without great risk & loss. The next best mode proposed by him, was to draw bills upon our Treasury—had we done this in any other form than we have done we could not have Sold the bills without very great loss: the best private bills, being at ten per cent below par. If we had borrowed money in Europe, we Should not only have had a considerable interest to pay, but a commission of at least 2½ per Ct, & as the money must have been repaid in Europe, a very considerable loss would have accrued when our Treasury came into the market to purchase bills. By this too the most heavy loss would have been effected by it. This evil would also have been heavily felt by our Treasury in its remittances to Holland.
I own, Sir, I gave myself great credit (So apt we are to overrate our own acts) for having retained in the country by placing it in the hands of our citizens, the whole of the ten millions which we were empowered to draw out of it, & for doing it in the way, that is recommended by Mr Gallatin to wit, by drafts payable in the United States at a very long Sight. These bills too were to be drawn progressively, so as to put a capital into the hands of our Citizens creditors of France at a moment when it was most valuable, at the commencement of a war, and at the Same time to give leisure the Treasury to meet the demands. It is true that their intention has been very much obstructed by the delay of the Commissioners, & it is also true that our drafts will be nearly to double the amount contemplated by the law—for the latter ten millions we might have created Stock, & given it to the creditors, but we knew that the Treasury would have no difficulty in borrowing at home (principal & interest to be repaid there) they had Such excess as not in the treasury; when however I concluded from Mr Gallatin’s Statement, there would be by the time it was wanted a Sufficient Sum to meet the whole demand. By this means too I thought the Government might by paying the Citizens in advance Save considerable interest & never have any money laying useless in the treasury, Whereas had we borrowed here & paid to France Interest must have accrued even while money was lying unemployed at home. So far then from thinking that I Should embarass the Treasury by this measure in preference to that recommended by our instructions, that I persuaded myself, that I Saved great Sums in exchange; great Sums in interest, great Sums in Commission & facilitated all its operations both at home & abroad. I believed too that by keeping two millions of Specie in the country instead of drawing it here I aided the industry & Commerce of the country & prevented a rise in the exchange which would have been a heavy loss to its merchants. In a political view too, I preferred the mode adapted to that which Seems to meet your preference. It was impossible to tell whether our treaty would or would not be acceptable to the President, or even if it was, whether the State of parties would have insured its ratification by two thirds of the Senate. I had seen too much of this government to think it advisable to put large sums of money into their hands with no other security than their promise to repay it upon a contingency that might or might not happen and therefore I wished to make [it] their inter[est] to remove every possible obstacle before they touched the price Master Marbois himself had so little confidence either in their means or their inclination to repay what might be advanced that he himself upon my offering if it would diminish the price to advance the money on the ratification by France that he desired me to conceal our power to do it. To have paid the money then in the way directed by our instructions it appeared to me would be to risk a large Sum without any adequate object, & to draw money out of our Country, which might be usefully employed in it.
When therefore Mr Marbois proposed (tho’ he would not receive the money, till the Treaty was mutually ratified) to have So much in cash given to American claimants only a proportionate Share in cash & Stock—I took Some pains to make him relinquish the Idea, which I effected by insisting that as the Consul had promised them a prompt & full payment, it was inconsistent with his honour to Suffer their debts to be discharged by any thing Short of the money or of bills that would be equivalent thereto. I endeavoured also to convince him that if both the Government of France & the creditors were holders of Stock, they would by their competition in the market reduce the price to the evident loss of France. These arguments, unfortunately had the effect & have produced the measure which you disapprove & Mr Monroe disclaims. I presume to hope however that when my reasons are candidly reviewed that they will plead my apology. The knowledge of your Sentiments upon this Subject has however freed me from great embarrassments: if it is your wish that this money had been applied to the Government of France prior to our knowledge that the Treaty would be acceptable to our country, & before the ratification, you must concur in opinion with Mr Monroe relative to the guarantee, & as my refusal gave me Some trouble here, I thought myself authorised upon the receipt of your letter, particularly as it contained no doubt of the ratification & the day for it was passed, to inform the Minister that I could concur thereon, exacting an assurance in the name of the Government that the principal & interest Should be repaid in case, th[r]o’ unforeseen circumstance, the Treaty Should not be ratified in time. Knowing your Sentiments & Mr Monroe’s, I can no longer trust So fully to my own, as to take upon me to refuse the guarantee Since Should it happen that the Treaty met with obstructions, I might be charged with having lost it by unreasonable obstinacy. My private opinion however Still is that we Should have much more security in their desire to receive the purchase money than in that Sense of obligation derived from their promise to pay. But I have no right to oppose my private opinion to yours & Mr Monroe’s, & your letter leaving me no doubt as to the final ratification, it will not be wise to me to appear longer too punctilious.
The Commissioners persist in taking no Step till the ratification arrives, this has given me Some embarassments with the Government & occasioned an irritation among the American creditors, goaded as they are by their private wants, that I have endeavoured in vain to calm. I Still Send you all that passes on this Subject. My letter of yesterday contains all we have that is new. Spain & Portugal will remain at peace. I have before explained to you the reason & I think Britain will have no interest in forcing them to take a part. I have the honor to be with the highest respect & esteem Sir Your most obt hum: Servt
Robt R Livingston

   RC (NHi: Livingston Papers); RC and enclosures (DNA: RG 59, DD, France, vol. 8A); draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1); letterbook copy of enclosures (NHi: Livingston Papers, vol. 5). First RC in a clerk’s hand, signed by Livingston; marked “Duplicate”; docketed by Wagner as received 9 Mar. First RC is a letterpress copy of second RC. Second RC marked duplicate; docketed by Wagner as received 12 Mar. Unless otherwise noted, italicized words and letters are those encoded by Livingston’s secretary and decoded here by the editors or supplied within square brackets from the draft (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 2:304–5 n.). Both RCs decoded interlinearly by Wagner. For enclosures, see n. 30.

   JM to Livingston and Monroe, 29 July 1803 (ibid., 5:238–40).

   Draft has “east.”

   Livingston to JM, 24 Jan. 1803 (ibid., 4:277–78).

   Draft inserts “& instructions” here.

   For Livingston’s first essay on Louisiana, see Livingston to JM, 10 Aug. 1802 (ibid., 3:467–69, 470 n. 3).

   Miscoded and interlinearly decoded “idelwritenso.”

   The letterbook copy has a marginal note here in Livingston’s hand: “N. B. This promise not contained in the treaty but was subsequently made by the French Ambassador.” For Napoleon’s 1802 promise never to alienate Louisiana, see Yrujo to JM, 4 Sept. 1803 (ibid., 5:378).

   Draft inserts “Consul” here.

   Miscoded “in antse of ance war would facilitate”; interlinear decoding has “in (ant se of ance) war the (certainty)”; interlinear decoding on second RC has “in case of war the certainty of.”

   Miscoded “trac the I believed”; interlinear decoding has “&c. induced the belief.”

   Interlinear decoding has “serving.”

   Interlinear decoding has “the”; interlinear decoding on second RC has “they would.”

   In his 17 Prairial an XI (6 June 1803) dispatch, Decrès informed Laussat of the cession of Louisiana to the U.S., listed the reasons for it, ordered Laussat to arrange for the transfer from Spain to France to take place on the same day as the transfer from France to the U.S., and informed him that any further instructions would come through Pichon at Washington (Villiers du Terrage, Last Years of French Louisiana, pp. 485–86). See also Pichon to JM, 30 Aug. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:355–57 and n. 3).

   Miscoded and interlinearly decoded “them.”

   Miscoded “apobservation”; interlinear decoding has “ap”; interlinear decoding on second RC has “applied.”

   Miscoded and interlinearly decoded “th.”

   Miscoded and interlinearly decoded “major”; interlinear decoding on second RC has “matter.”

   Interlinear decoding has “tho”; interlinear decoding on second RC has “this.”

   Interlinear decoding has “(fig) ly.”

   See Monroe to JM, 31 Aug. 1803 (ibid., 5:363–66).

   Draft inserts the following here: “fallen upon the general commerce of the country since the whole course of the exchange would have.”

   Second RC inserts “to” above the line here.

   Second RC has been emended here to read “if they had not Such excess in the treasury.”

   Draft has “bills.”

   Draft inserts “it” here.

   Miscoded “not”; interlinear decoding has “it.”

   Draft has “so much in cash, giving the American claimants.”

   Underlined in RC.

   Draft has “shall.”

   Filed with the second RC are copies of Livingston’s correspondence with the American claims commissioners and French officials regarding the examination of American claims. The enclosures (docketed by Wagner as received in Livingston’s 23 Nov. 1803 dispatch; printed in William Maclure, To the People of the United States [Philadelphia, 1807; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 12968], pp. 20–25) are Guillaume to Defermon, 15 Brumaire an XII (7 Nov. 1803) (2 pp.; in French); Defermon to Livingston, 16 Brumaire an XII (8 Nov. 1803) (2 pp.; in French); Livingston to Barnet, Mercer, and Maclure, 12 Nov. 1803 (1 p.); Barnet, Mercer, and Maclure to Livingston, 15 Nov. 1803 (2 pp.); Livingston to Barnet, Mercer, and Maclure, 16 Nov. 1803 (9 pp.; letterbook copy dated 12 Nov. 1803); and Barnet, Mercer, and Maclure to Livingston, 17 Nov. 1803 (2 pp.).

   No letter from Livingston to JM of 22 Nov. 1803 has been found. Livingston may have referred to his 15 Nov. letter, in which he stated that he would reply on the following day to JM’s letter of 29 July, in which case Livingston may have begun writing his 23 Nov. letter on 16 Nov. 1803.


Title: To James Madison from Gurdon S. Mumford, 23 November 1803
From: Mumford, Gurdon S.
To: Madison, James

Letter not found. 23 November 1803. Acknowledged in Daniel Brent to Mumford, 28 Nov. 1803, as containing proof of the citizenship and a description of James Wilson (DNA: RG 59, Inventory 15, entry 928, Letters Received regarding Impressed Seamen, 1794–1815, box 11). Brent noted that the James Wilson in question was from Maryland, not New York, and that therefore Mumford’s information would be of no use in the particular case.


Title: From James Madison to Edward Thornton, 24 November 1803
From: Madison, James
To: Thornton, Edward

Sir.
Department of State, Novr. 24th. 1803.
I have received your letter of the 19th. inst. respecting the claim of Messrs. Crooks. From the enclosed statement it will appear that of £101.17.0, currency of New York, the sum which they demand they have relinquished £31.5.7, and that other £31,16,2, were admitted to be due and payable to Major Rivardi’s order ever since August last. The balance of £38.15.3 has been struck out of the account as inadmissible. It is also proper to observe, that the Messrs. Crooks not being known at the war office as immediate parties to the account; the forms of Office as well as the nature of the transaction requires that it should be adjusted with Major Rivardi. Without therefore stirring the question whether the Government of the United States is bound eventually to indemnify them on their failure to obtain a full payment from Major Rivardi (which in this instance is not to be supposed) it may at least be expected that those Gentlemen should in the first instance have recourse to him. I am &c.
James Madison.

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

   Document not found.


Title: To James Madison from Henry Dearborn, 24 November 1803
From: Dearborn, Henry
To: Madison, James

Sir,
War Department November 24. 1803
The proposition of Mr. Laussat to sell the United States a quantity of Artillery and other Military Stores, in his possession at New Orleans, has been duly attended to. I regret that our present arrangements relative to Military Stores generally, will not admit of accepting his offer. Measures have been taken, which are in opperation, for procuring such additional Military Stores as were deemed expedient, and on much lower terms than they could be obtained from Europe, especially Brass field pieces. Another objection arises from the difference between French & American Weights, which is such, as to render it necessary to have the field Pieces recast, the Callibers of which do not agree with our own Standard. I have the honor to be very respectfully your obedt Servt
H. Dearborn

   RC (DNA: RG 59, ML). Docketed by Wagner.


Title: Receipt to Lewis Deblois, 24 November 1803 (Abstract)
From: Madison, James
To: Deblois, Lewis

24 November 1803, Washington. “Recd. of Lewis Deblois his check on the Office of D & D. for three hundred dollars on accot. of a bill of Exchange for One thousand dollars to be drawn in favor of Philip Wanton.”

   RC (NN: Myers Collection). 1 p.; in an unidentified hand, signed by JM.

   In 1803 Quaker merchant Philip Wanton was selling goods imported from Liverpool (Miller, Artisans and Merchants of Alexandria, 2:214–15). The bill of exchange was probably drawn by James Maury (another receipt, signed by JM and dated 30 Nov. 1803, is offered for sale in The Collector 69, no. 11 [Nov. 1956], item J-790, where it is described as a “Receipt given Lewis Deblois for $1,000 on account of a bill of exchange of James Marcy [sic] of Liverpool in favor of Philip Wanton of Alexandria”) and may have had to do with the tobacco Maury was handling for JM. For JM’s consignment of tobacco, see Maury to JM, 18 Feb. 1804, and n. 1.


Title: To James Madison from James Sullivan, 24 November 1803 (Abstract)
From: Sullivan, James
To: Madison, James

24 November 1803, Boston. “When I observed in the Presidents public communication that there is a convention for a demarkation of the line between the northern angle of the united States and the British dominions, I recollected that you did me the honor, some time ago, to receive from me a communication on that Subject, and I therefore now take the freedom to mention to you, that if I should be thought of as a commissioner in that business I should not decline it.”

   RC (DLC: Jefferson Papers). 1 p.; docketed by Jefferson. Sullivan also wrote to Jefferson on 24 Nov. 1803, elaborating on what he told JM in this letter (ibid.).

   Sullivan to JM, 20 May 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 3:237–42).


Title: To James Madison from John and Samuel Welles, 24 November 1803 (Abstract)
From: Welles, John,Welles, Samuel
To: Madison, James

24 November 1803, Boston. “We herein inclose extracts [not found] of Mr Richard Hughes’ letters which we have taken the liberty to call private; thinking on the one hand it was proper for us to make you acquainted with the whole circumstances of the case, & on the other that the open disclosure of these facts—at an arbitrary & corrupt court might endanger the safety of our agent, or produce such a combination as would defeat our purpose.” Refer them to JM for whatever use may be thought best. Point out that the Nautilus “was loaded by the Spanish Vice Consul & understood to be on account of Government.” On his arrival at Cádiz, the cargo was refused, and the only means suggested for recouping the investment “was letting it go on long credit.” “In the Mean time Blanche Forte, late Vice-Roy at Vera Cruz & Brother in law to the Prince of Peace the Prime Minr, who had been concerned in extensive Commercial Speculations with the House of Torre Hermannos, is brought forward to seize on the spoil of our property.” Describe the moratoria issued to Torres Hermanos and refer JM to “Mr Pinckney’s opinion that the Moratoria would not apply to foreigners” or to the endorsers, “a rich foreign house.” “This however is to be evaded, and an arbitrary Edict of the Governor of Cadiz is produced enjoining to all the Public Notaries & Tribunals to have nothing to do with these twelve promisory notes issued to us.” Note that the transaction was begun “at Triest proceeding under an Officer of the Government.” The cargo was refused at Cádiz and credit arranged “that these creatures of the court might avail themselves of the time to shield themselves under a corrupt abuse of power.” “Observe the Court influence that has become combined to shut the Courts of Justice & rob us of our property. In opposition to all this we the Citizens of a Republic present ourselves to our Government strong in Justice & Truth, & beg its interference that we may not in such a manner be made the victims of this complicated & corrupt intrigue.”

   RC (DNA: RG 76, Preliminary Inventory 177, entry 316, Spain, Treaty of 1819 [Article XI] [Spoliation], Disallowed Claims, vol. 38). 3 pp.; docketed by Wagner.

   Miguel de la Grúa Talamanca y Branciforte, marqués de Branciforte, was viceroy of New Spain (Mexico) from 1794 to 1798. He was married to Godoy’s sister Antonia (David P. Henige, Colonial Governors from the Fifteenth Century to the Present [Madison, Wis., 1970], p. 313; Hilt, Troubled Trinity, p. 23).