Title: To James Madison from William Jarvis, 18 June 1803 (Abstract)
From: Jarvis, William
To: Madison, James

18 June 1803, Lisbon. Between the date of his last letter and that of the enclosed state paper “a hot press was set on foot by the English Vessels of War in this Port, but in no instance did they impress American Seamen with Protection.” Those without protection were released immediately on his application. “After the declaration was issued the impress Service ceased.” The “great object” of the Portuguese court has been to maintain its neutrality, but he believes it cannot if the war continues “for any length of time.” “It has been confidently said that General Lannes has … pressed the Prince to consent to 25,000 Men being sent here to protect the Country; which the Prince has positively refused,” declaring that if the French should march into Portugal, the prince “would immediately leave it with whatever he could take with him to the Brazils.” Believes this report to be incorrect because the bulk of the fleet lies dismantled in the river and no steps have been taken to put it in order. The “mercantile World” seems “totally void” of any confidence in Portugal’s security, “the exchange on London having fallen from 68d: to 64d: ⅌ milreis,” with no one willing to sell at that; “and the Paper has depreciated from 5 to 9 ⅌ Cent.” “Those facts I have adduced as the best criterion of the public Sentiments regarding this Country.” The “official advice” from King to Hawkesbury “received by the last Packet concerning Louisianna gave me the most entire satisfaction.” Believed that Napoleon’s pride and “the glory of the nation” would keep France from making an “unqualified cession.” The cession is “of the greatest consequence to our Welfare” and will make the president “the Idol of our Country.” “Notwithstanding, I think that Government ought to have had a little more mercy on the good Federalists; for should it prove as hot a Summer at home as we are likely to have here … I really am apprehensive that causing a suppression of the usual ebullition of gall it may create a redundance of bile which turning putrid may destroy thousands with the yellow fever.” Received JM’s circular letter of 9 Apr. and the president’s letter to the prince regent [not found]. Encloses a copy of his note covering the latter. “Today I got an american Seaman cleared from Prison who was taken from the Brig Betsey of New York, Captn. James Mc. Call, … for smuggling Tobacco.” The regulation allowing the import of flour has resulted in a fourfold increase in “the Quantity of bread Stuff” arriving in this port “this Spring” and a “consequent depression of price.”

   RC and enclosures (DNA: RG 59, CD, Lisbon, vol. 2). RC 5 pp.; docketed by Brent as received 20 Aug. For enclosures, see nn. 2 and 4.

   Jarvis to JM, 23 May 1803.

   Enclosed is a printed copy of the official declaration of neutrality by Portugal, dated 3 June 1803 (2 pp.; in Portuguese; docketed by Wagner and marked “to be translated”). A translation was printed in the National Intelligencer, 26 Aug. 1803.

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

   Enclosed is a copy of Jarvis to Almeida, 10 June 1803, congratulating the prince regent on the birth of his son Don Miguel (1 p.; docketed by Wagner).

   For the Portuguese admission of U.S. flour, see Jarvis to JM, 9 Feb. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:313–14 and n. 2, 315 n. 5).

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


Title: To James Madison from James Monroe, 19 June 1803
From: Monroe, James
To: Madison, James

no. 8.
Sir
Paris June 19. 1803.
We have recd. yr. communications of the 18. and 20. of April & after due consideration deem it most adviseable that I shod. proceed immediately to England. The departure of Mr. King from that country at the commencment of a war between it & France, without nominating a chargé des affaires may expose our commercial concerns to much embarrassment if there is no one there soon to take charge of them. The arrangment however proposed by the President will probably obviate any inconvenience since the place will be occupied in a fortnight from this date. I am happy to have it in my power to add that the state in which our affairs are here admits a complyance with this arrangment without inconvenience to any interest of a publick nature. Since the dispatch of the ratifications of the treaty &c, there is nothing to be done here till the question is decided by our government; nor even then in case of ratification, as the instruments will be given by you to the minister of France to be forwarded to his government here. It is only in case of difficulty from some cause or other, that the commission will have to act again in this affair, & then it will be in yr. power, if a joint agency is deemed necessary to avail yr. self of it, by suitable instructions to the members who compose it. In regard to Spain it is not likely that any injury can now result from the delay which becomes inevitable by this measure. It was never a very clear point that I ought to pursue the object with that power, after what was done here, untill I heard from you. The motive which inclined me to it at first diminished daily by my detention here, so that your late instructions arrived in good time to relieve me from further suspense. My visit to England will not I think be attributed by this govt. to an improper motive. It seems to have a just view of the policy of our government in regard to both powers, which is to cultivate their friendship by fair & honorable means while it pays a scrupulous attention & maintains with firmness the respect which is due to our national character rights & interests. My position in England will not prevent my attention in due time to the object with Spain, if the President should be of opinion that it might be useful. I have suggested to this government the posibility of my being instructed by him to pursue that object with that power, after the decision on our treaty &c with France, in which case I informed the minister that I shod., according to the promise made to Mr. Livingston & myself by Mr. Marbois, expect the good offices of his government with its ally, and of which he gave me the most positive & satisfactory assurance. On this subject as on what concerns us more generally I shall write you hereafter more fully. I shall only add at present that in the communications which have passed between this government & myself since my last, to which this incident has in part given the occasion, much has occurr’d to inspire me with confidence in its friendly disposition towards our govt. & country and in a mode that would not otherwise than be peculiarly grateful to me. I am with great respect and esteem yr. most obt. servant
Jas. Monroe
P. S. I have sent you two copies of the view I have taken of the question whether W. Florida is comprized in the cession made us of Louisiana, which I think too clear to admit of a doubt. I have many reasons for believing that the govt. of Spain entertains the same opinion on that point. I doubt not if it is taken possession of as a part of Louisiana, that the measure will be acquiesc’d in by that govt., or, at least that it will not be taken ill by it, or impede an amicable and favorable adjustment relative to the territory of Spain eastward of the mississippi.

The ratifications of the treaty &ca have been sent by the way of Havre, as have duplicates by another vessel. The former under the care of Mr Jay.

   RC (DNA: RG 59, DD, France, vol. 8A); letterbook copy (DLC: Monroe Papers). RC docketed by JM as received 29 Aug.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:527–32, 533, 540–41.

   In JM’s letter to Livingston and Monroe, 18 Apr. 1803, he ordered Monroe to go to London as U.S. minister to Great Britain in the event of a successful negotiation with France (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:527–32).

   Monroe’s instructions were to obtain a cession of New Orleans and the Floridas from either France or Spain; the treaty with France left the purchase of the Floridas to be negotiated with Spain (JM to Livingston, 18 Jan. 1803 [PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:259–60]).

   In a draft of the treaty Livingston had included France’s agreement to support U.S. negotiations with Spain for the Floridas. Barbé-Marbois objected to its inclusion in writing but gave a verbal assurance of this agreement (Dangerfield, Chancellor Robert R. Livingston, p. 368).

   See Monroe to JM, 7 June 1803, and enclosure.


Title: To James Madison from Isaac Cox Barnet, 19 June 1803 (Abstract)
From: Barnet, Isaac Cox
To: Madison, James

19 June 1803, Paris. Acknowledges receipt of JM’s letter of 9 Apr. and his commission as commercial agent at Le Havre, which he accepts “with gratitude.” Proposes to delegate his present powers to John Mitchell; will leave for his post as soon as he receives his exequatur. Believes Mitchell is “the most suitable person” to continue the duties, since he “now holds the office under a temporary appointment sanctioned” by Livingston. Barnet observes, however, that the statement he made in his letter of 1 May of Mitchell’s “being appointed by our Envoys” was communicated to Barnet “prematurely and incorrectly by one of his friends here.” “However friendly disposed” he is to Mitchell, “any acquiescence to his views was founded entirely upon the idea of his being equally agreeable to our Government,” an idea taken “from the erroneous information above mentioned,” which coincided with Monroe’s arrival and Skipwith’s knowledge of Barnet’s “permanent Commission for Antwerp.” Believes his “first election was weakened only on account of the motives” communicated in his letters of March, which were received long after the date of his Le Havre commission. “I could not expect to accommodate the will of the President to my personal convenience—nor change a destination founded, perhaps upon the opinion … of my being ’more useful to my Country’ at Havre than at Antwerp.” Hopes his views have not been communicated “under a different light.” “My appointment to the commission here, perfectly reconciles the object of this explanation, with the natural desire of furthering my own interest, and … replaces me in the position which dictated my Letter of the 24th. January.” Considers his “future permanent establishment at Havre, as under favourable auspices.” Encloses a copy of a commercial circular. In a postscript refers JM to his letter of 13 June about the ship Mac.

   RC, two copies, and enclosures (DNA: RG 59, CD, Paris, vol. 1). First RC 3 pp. Second RC marked duplicate. Both RCs docketed by Wagner as received 19 Sept. For enclosures, see nn. 3 and 6.

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

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:563–65.

   Enclosed is a copy of Barnet to John Mitchell, 19 June 1803 (2 pp.), reporting his appointment as commercial agent at Le Havre and taking issue with Mitchell’s writing to advise JM that Barnet wished to remain at Antwerp on Mitchell’s being appointed to Le Havre. Barnet continued, “I think you took up the subject prematurely, it would look like a transaction which could benefit neither of us in the opinion of Mr. Madison and be of more detriment to you: for he will have perceived by my Letters prior to this, that my first election was shaken only on account of the probability of war and the expence of an unfruitful removal.”

   Barnet to JM, 12 and 16 Mar. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:414–15, 425–26).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:280–81.

   Enclosed is Barnet to William Jones, 19 June 1803 (2 pp.; marked “Intended to be circular”), announcing Barnet’s “appointment of Commissioner under the late Treaty with France,” his temporary residence in Paris, and his willingness to attend to his “commercial friends” in the “commission line” at his new permanent residence in Le Havre.

   This postscript does not appear on the second copy of the RC.

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


Title: To James Madison from William Eaton, 19 June 1803 (Abstract)
From: Eaton, William
To: Madison, James

19 June 1803, Washington. Questions whether the case of the master of the imperial vessel captured off Malta “January last” and left at Gibraltar may not “involve questions which will affect the honor and the interest of the United States.” The master’s effects, and those of his mate, were brought to the U.S. in the Chesapeake, yet “it is acceded that Tripoli was not blockaded at the time of this capture,” nor is it “asserted that the captured imperial vessel had contraband goods on board.” “Valenzen, the chief proprietor of the cargo in said prize vessel, now a prisoner present,” requests an audience with JM.

   RC (DNA: RG 59, CD, Tunis, vol. 2, pt. 2). 1 p.; docketed by Wagner as received 20 June.

   For the capture of the Paolina, see Cathcart to JM, 25 Jan. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:281–82).

   For David Valenzin, a citizen of Tripoli, see Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:455, 461; for his claim against the U.S., see ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Claims, pp. 288–89, 292–96.

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


Title: From James Madison to Alexander Spotswood, 20 June 1803
From: Madison, James
To: Spotswood, Alexander

Sir,
Department of State. Washington 20. June 1803.
In consequence of your letter of the 15th. inst. I enclose a certified copy of your military land Warrant. The surveyor will of course know of the interference of any surveys, to which the law has given a priority, and of its amount: any certificate therefore from me concerning that fact is unnecessary, nor is the information on which it could be grounded within the official knowledge of this or any other Department at the Seat of Government. On complying with the requisite designated by the Secretary of War as expressed in his letter I shall make no objection to issuing a patent for the resurvey to the amount of the interference. I am, Sir, very respectfully &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14). Enclosure not found.

   Letter not found. Alexander Spotswood (1751–1818) served as a colonel in the Virginia Continental line until 1777. In 1792 Spotswood requested JM’s help in claiming recompense for his military service (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 1:226 n. 5, 14:230–31, 238, 282–83, 292, 293, 295–96).


Title: To James Madison from Daniel Clark, 20 June 1803
From: Clark, Daniel
To: Madison, James

Sir
New Orleans 20 June 1803
Your Letter of the 4th. April with its inclosure from Monsr. Pichon to the Colonial Prefect of Louisiana reached me on the 4th. Inst. and was handed immediately to him according to your desire. It is a fortunate circumstance that the affair of the deposit was settled without any interposition on his part, as he would not have failed to make a bad use of it, if we may judge either from his Language or actions, and I apprehend worse may be feared from him if ever he is invested with authority.
I am not certain whether I rightly comprehend your meaning “of keeping an account as exact as possible of the amount of all payments exacted from our Citizens in violation of the Treaty,” whether by it, is meant simply an allusion to the duty of 3 ⅌ Ct. exacted on money deposited, an account of which has been forwarded to you; or that it should comprehend all payments whatever made by our Citizens to procure Liberty to land their Produce during the suspension of our right of deposit. If this latter, it will be impossible to attain the end proposed, as the payments in this case made, seldom entered into the Treasury, but were given by way of douceur to obtain leave to Land Cargoes of Produce where danger was to be apprehended from their continuing longer on the River in the frail Craft of the Country. Examples of this kind were frequent when shipping was not to be procured, or when it oftner happened, that the grower of the Produce could not find a purchaser & for want of other resources, could not himself become the shipper of it to a foreign market, and more than once whole Cargoes were lost by being denied permission to have them landed, tho application was made for the purpose & the reality of the Danger proved. To the actual Losses on the River in consequence of the suspension, must be added the far greater ones of the loss of a market & fall in value of our Commodities which the owners were forced to sell while afloat at any Price offered for them, and the embarrassments which took place in consequence must be far greater than you have an Idea of. These were but partially remedied by the number of shipping in Port, as they could only carry off the Produce when once disposed of, but afforded no assistance to the Planter who lay at the mercy of the Ship Owner or Speculator, who seeing his advantage made the most of it. Thus Cotton for instance seldom sold at more than 13 to 14 dollars ⅌ Ct. during the suspension of deposit, & on the right being restored rose to 17 & 18, and Flour which sold at 4 ⅌ Barrel rose to 6 in consequence of the safety thereby afforded to Property. If a Compensation for these Losses in a mercantile View only is ever demanded of the Crown of Spain, it ought to be on a large Scale, say at least half the Value of the Exports of a Year from the whole of our Western Country, so as to admit of paying by our Government, any Claim the parties injured by the suspension might demand, without which it would I think be imprudent to awaken Expectation by calling for an account of Losses from Individuals who under the Idea that they must look upon them as a Sacrifice to the general Interest, and that our Government might not think it prudent to insist on reparation for them, have I believe almost generally neglected taking the necessary Precautions to substantiate the damages they have sustained. Under this impression I shall carefully avoid mentioning the circumstance until I hear again from you; but should an Application be made to me to register Claims in consequence of Losses sustained, I shall do it & leave the party to follow such method as he may think proper to obtain redress. In hopes of hearing from you to direct my Conduct on the occasion I remain with Sentiments of respect & Esteem Sir Your most obedient & most humble Servant
Daniel Clark

   RC (DNA: RG 59, CD, New Orleans, vol. 1). Docketed by Wagner as received 14 Aug.

   Letter not found but calendared in PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:477. JM did, however, enclose a letter from Pichon to Laussat in his letter to Clark of 19 Apr. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:536).

   See, for example, Clark to JM, 22 June 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 3:330–31). Clark further described this duty in his letter to JM of 27 Apr. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:551–55).


Title: To James Madison from James Leander Cathcart, 20 June 1803 (Abstract)
From: Cathcart, James Leander
To: Madison, James

20 June 1803, Leghorn. No. 6. “Since the date of the enclosed communications to our Consuls in Barbary nothing has transpired either to confirm or to contradict the report” of Smith’s capture. Hopes it “may turn out to be a similar one to that of Mc:Niels engagement.” Has heard nothing “official from our squadron.” It is reported that “some powder caught fire by accident” on board the New York, killing two or three men, “& that Mrs: Morris has been safely deliver’d at Malta.” If the reports are true, “it is a very fortunate circumstance that the fire did not communicate to the magazine & I cant help thinking that neither the zeal for the service nor its activity would have been impeded or injured had Mrs: Morris been left to propagate her species at Balls town or Morrisina.” Encloses “a copy of the treaty & an Italian translation” which he left with Commodore Morris: “if he burns the Cruisers of Tripoli as he ought to do, it will be sign’d, and ratified unless Mr Smith & prize arrives there first which is hardly possible, for how two large vessels can escape the vigilance of three Frigates & a Schooner if properly stationed is to me incomprehensible altho I have receiv’d a nautical education & follow’d the sea as an occupation ever since I was eleven years of age & it is at least presumed that the whole of our squadron is at this moment before Tripoli.” “I have nothing to observe worthy your attention.”

   RC and enclosures (DNA: RG 59, CD, Tripoli, vol. 2); FC (NN: Cathcart Papers). RC 2 pp. FC marked duplicate. For enclosures, see nn. 1, 2, and 4.

   The enclosures include copies of Cathcart to Nicolai C. Nissen, 5 June 1803 (3 pp.), explaining Cathcart’s inability to come to Tripoli and Morris’s prospective summer blockade of that city and requesting Nissen’s help in negotiating the drafted “perfectly reciprocal” treaty with Tripoli; Cathcart to O’Brien, 6 June 1803 (2 pp.), informing him that Cathcart is ready to present the consular and biennial gifts to the dey of Algiers and to take his place as U.S. consul at that court and instructing O’Brien to refrain from making any large disbursements without Cathcart’s permission; Cathcart to Nissen, 14 June 1803 (2 pp.), requesting, if the Prudent, Captain Crowninshield, with William Loughton Smith on board, has been captured by a Tripolitan cruiser, that Nissen take measures to secure their liberty and to supply their wants; and Cathcart to George Davis, 14 June 1803 (2 pp.), which is similar to his letter to Nissen of the same date.

   Cathcart enclosed a paragraph dated 1 June from Naples (1 p.; in Italian) reporting that an Algerine frigate had captured an armed American merchantman carrying William Loughton Smith, the former U.S. minister to Portugal. The report was without foundation.

   For Daniel McNeill’s phantom engagement, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 3:476 n. 1.

   Enclosure not found, but a copy of the treaty in English was enclosed in Cathcart to JM, 5 May 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:575–76 and n. 4).

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


Title: To James Madison from Peder Blicherolsen, 21 June 1803
From: Blicherolsen, Peder
To: Madison, James

Sir
Philadelphia June 21 1803.
I take the earliest opportunity to inform You, that I this morning have engaged my passage to Europe in a Vessel for Bordeaux, belonging to this City, and which will infallibly sail on the 1st or 2d. of July next. The circumstance of the British Packets having no surgeon on board, added to the still encreasing reports of renewed troubles on the old continent, have at last prevailed on me to alter my resolution, to go in that Packet. Any thing You may be pleased to trust to my care, shall be sacred and disposed of according to Your direction. In that case I only beg that You will cause the same to be forwarded betimely and delivered faithfully unto my own hands, at Bushhill between the town and Schuylkill. The Post-office knows my address. To presume to offer You any communication of the news lately received from Europe, would be to send—owls to Athens.
Permit me Sir to join here a repetition of my sincerest and warmest thanks for all the unaffected proofs of goodness and partiality which You and the highly amiable Mrs. Madison have favoured me with during my several visits to the Federal City: Particularly at the last, I should most probably without Mrs. Madisons Generosity have been poisoned: If it was not too old fashiond, I should here have a fine opportunity to drop a few words about Nectar, Divinities, Goddesses etc: But as I have no doubt that our modern beverage be far superior to that renownd whisky of the ancient savages, so I am equally convinced that the fair Giver of the cordial I allude to, would be a looser by being represented under any form or denomination but Her own.
To whatever corner of the Globe my destiny may call me, I shall remain with unalterable sentiments of respect and esteem (and, pardon me, of something less frigid and formal) Sir Yours most obedient humble servant
Blicherolsen

   RC (DLC). Docketed by JM.

   Aristophanes’ line from The Birds about “bringing owls to Athens” is akin to the English proverb “carrying coals to Newcastle” (John Bartlett, Familiar Quotations [16th. ed.; Boston, 1992], pp. 73, 95).


Title: To James Madison from Gabriel Duvall, 21 June 1803
From: Duvall, Gabriel
To: Madison, James

Sir,
Treasury Department,Comptroller’s Office, June 21. 1803.
The communication from the Department of State of the 17th instant has been received and considered.
The construction of the law of the United States to regulate the collection of duties on imports & tonnage by Mr. Murray, Consul at Glasgow, as expressed in his letter of the 26th of August last, is conceived to be erroneous. The construction which you have adopted in your letter dated the 16th. instant in answer to his, is in conformity to that which has uniformly prevailed at the Treasury.
The certificate of the Consul is only necessary when the Goods exported with a view to a drawback of duties, are landed at a port where a Consul resides. If no Consul shall reside at the place where the goods are landed, then the certificate of the consignee, confirmed by the Oath or affirmation of the master and mate, or by the certificate of two reputable merchants, according to the provisions of the 81st section of the law, is received as sufficient evidence of the landing in a foreign port, & to entitle the exporter to have his bond cancelled. And the oath of the Master & mate in confirmation, is frequently taken after their return to the United States, whether the delivery was at a port where a Consul resided or not.
The only doubt which arises is upon the right of citizenship. I think it questionable how far residence alone in a foreign country will divest the right of citizenship acquired in the United States. In general, some overt act is necessary to evince the election of the party to transfer his allegiance from the country from which he absents himself.
The first question propounded by the Consul may be answered, without hesitation, in the negative, under the second section of the act concerning the weighing & recording of ships or vessels, passed in the year 1792. The second question appears to me to have a doubtful aspect. Under the law last cited, a citizen residing in a foreign country in the capacity of a consul of the United States, or an agent for, & a partner in, some house of trade or copartnership, consisting of citizens of the United States actually carrying on trade within the said states, may own American Ships. Yet under the circumstances stated, a subject of Great Britain, acquiring a right of citizenship in the United States, & afterwards returning with an intention to remain for life in Great Britain, where the right of expatriation is denied, & the doctrine of perpetual allegiance is maintained, may be presumed to have made his election, & without doubt, would, by the Courts of Great Britain, be adjudged a british subject. It is difficult to say what would be the decision of the Courts of the United States, but, under the circumstances stated perhaps he would be adjudged to have lost his citizenship.
I have not, until this day, had leisure to answer your note. The papers which accompanied it, are returned. I am with great respect, Your obedt. Sert.
G. Duvall.

   RC (DNA: RG 59, ML). Docketed by Wagner as received 22 June with the notation: “Ports in the Clyde &c.”

   Letter not found.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 3:521–22.

   Section 81 of “An Act to regulate the collection of duties on imports and tonnage,” 2 Mar. 1799, required bonds to be given when delivering goods to foreign ports, delineated the form of such bonds, and indicated the procedure to be followed in discharging them (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:689–92).

   Section 2 of “An Act concerning the registering and recording of ships or vessels,” 31 Dec. 1792, confined U.S. registry to ships owned by resident U.S. citizens “unless in capacity of consul or agent for a house of trade” whose partners were of the “said states actually carrying on trade within the said states” (ibid., 1:288).


Title: From James Madison to John Norris, 22 June 1803
From: Madison, James
To: Norris, John

Sir
Department of State Washington 22 June 1803
I have received your letter of the 13 Inst. enclosing a copy of Capt. Ingersoll’s assignment of the award to you and signifying that the original is in Spain. With every respect for the truth of this representation, I regret that the forms of disbursing the public monies do not admit of paying you the amount received by Mr. Young, without the exhibition of an original assignment from Capt. Ingersoll; and the business must therefore lie over until it can be returned from Spain or until Capt. Ingersoll furnishes you with another. If it will be any accommodation to you, Mr. Young may be directed to refund the money at Madrid on presenting to him the assignment and your power to receive it. The copy of the assignment is herein returned. I am, Sir, very respectfully Your most obed. servt.
James Madison

   RC (MHi); letterbook copy (DNA: RG 59, DL, vol. 14). RC in a clerk’s hand, signed by JM. Addressed to Norris in Salem. Enclosure not found.


Title: To James Madison from William P. Gardner, 22 June 1803 (Abstract)
From: Gardner, William P.
To: Madison, James

22 June 1803, Philadelphia. Informs JM of his arrival in Philadelphia from the Dutch colonies on the coast of Guiana, after a quarantine of thirty days in Delaware. Waited some time in the colonies for accreditation but left after the governor refused his exequatur. As a result of “the impositions laid on the American Commerce in that Country and the Conduct of the persons at present in power,” resigns his commission as consul of the colonies of Demerara and Essequibo.

   RC (DNA: RG 59, CD, Paramaribo, vol. 1). 1 p. Acknowledged in Brent to Gardner, 7 July 1803 (DNA: RG 59, DL, vol. 14).

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


Title: To James Madison from John J. Murray, 22 June 1803 (Abstract)
From: Murray, John J.
To: Madison, James

22 June 1803, Glasgow. Has received a copy of the act passed by Congress on 28 Feb. concerning consuls and the protection of seamen; acted on it “immediately altho’ it did not come … through an Official channel.” Had sometime before published an extract of the same law sent to him by the treasury secretary for the information of “persons concerned in the stocks” of the U.S. and had instructed the masters of American vessels to deposit their ship’s papers at his office. After initial opposition, “general obedience to the act appears now to be acquiesced in.” His “former suspicions,” hinted at in his letter of 10 Jan., of illegal acts by American merchants “are now perfectly confirmed,” for even at the “hazard of loosing the confidence” of his government he must declare “that there is hardly a Vessel known here as a Regular Trader between the United States & the Clyde but has British owners.” This “communication … will involve many persons in Guilt & subject much property to confiscation, yet the true Interests” of his country “impose it … as a duty.”
Some time ago Richard H. Morris, a native of Glasgow and partner in the mercantile firm of Hugh Morris & Sons, went to New York to establish a merchant house. On 29 Dec. 1800 Morris obtained a register, jointly with Thomas Holden, for the ships Washington and New York. As Morris is the son and partner of a British subject, “it appears clear, & without doubt to me that, by the Law of the 31 Decr. 1792,” the Washington “is forfeited to the United States.” If, as “it has been hinted,” Holden “is a mere nominal owner,” this circumstance “would be another ground of forfeiture.” Morris is now in Glasgow, “and it is quite likely he will not return again” to the U.S. Nor is it likely that he will change his allegiance: “A scotchman never chang⟨es⟩ his Allegiance but to suit his Interest & convenience.” How long a U.S. citizen must reside in a foreign country before he loses his citizenship, the law of 31 Dec. 1792 does not say; “nor’ does it make a distinction … between a Native Citizen & an adopted one” on this point. Even if Morris is judged a citizen, his rights as such cannot extend to “his Father & Brothers who are … British subjects.” Yet they profit from the operation of an American vessel and thus “may be truly said to enjoy the Right … of American Citizens.” Another instance “is if possible more strong than the foregoing.” Heard he had received a remittance from a Charleston trader and consequently offered “the usual Insurance on American Bottoms.” The underwriters declined, saying that the ship had British owners. And when the ship arrived and the papers were deposited in his office, such was seen to be the case, even though all the principals were from Charleston, including one James Macadam, a “Scotchman” and partner in a Glasgow firm. Believes “every Vessel of the United States that is registered in favor of” Morris or Macadam “ought immediately to be siezed.” The Washington clears for New York today; the Sarah will sail for Charleston by the middle of next month.

   RC (DNA: RG 59, CD, Glasgow, vol. 1). 3 pp.; docketed by Wagner as received 17 Sept.

   “An Act supplementary to the ‘act concerning Consuls and Vice-Consuls, and for the further protection of American Seamen,’” 28 Feb. 1803 (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:203–5).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:249.

   See Gabriel Duvall to JM, 21 June 1803, and n. 4.

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


Title: To James Madison from James Maury, 23 June 1803 (Abstract)
From: Maury, James
To: Madison, James

23 June 1803, Liverpool. Has received JM’s 9 Apr. circular, “to which every attention shall be paid.” “No mention being made in it relative to the masters of our Vessels furnishing the Consuls with the information” necessary for making up the required semiannual trade reports, “I request your instructions whether, in case of refusal, I shall be warranted in Compelling compliance by withholding their papers.” Encloses “statements of the duties, pilotage [and] anchorage [to which] vessels in this port are subjected.” “Paper A. Comprehends what is denominated port dues, being for the support of the Docks, Piers, Buoys & two light houses belonging to this port. B. states what is paid by Vessels put into the Graving docks for repair &C. C relates to Quarantine.” In these three classes British and foreign ships “pay precisely the same.” “D relates to light money E to anchorage & pilotage in which there is a difference between British & foreigners, but none between American and other foreigners.” Encloses newspapers with “particulars of additional duties about to take place, some of which will attach to our Imports, Exports & Ships.” Encloses no price current, since “This market is in so unsettled a state … from the late operations of the French relative to Hamburg & other neutral ports.”

   RC (DNA: RG 59, CD, Liverpool, vol. 2). 2 pp.; in a clerk’s hand, signed by Maury; docketed as received 20 Aug. Enclosures not found.

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

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


Title: To James Madison from Aaron Vail, 23 June 1803 (Abstract)
From: Vail, Aaron
To: Madison, James

23 June 1803, Lorient. Acknowledges receipt “yesterday” of a commission as “commercial agent at this port and neighbouring ones.” Will pay “strict attention” to JM’s circulars of 1 Aug. 1801 and 9 Apr. 1803, as well as to his “general instructions” to U.S. consuls. Has also received a copy of the laws enacted by the first session of the Seventh Congress; wishes to receive a copy of those passed in the last session as soon as they are available.

   RC (DNA: RG 59, CD, Calais, vol. 1). 2 pp.; marked “Duplicate.”

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:1–4.

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

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


Title: To James Madison from Edward Thornton, 24 June 1803 (Abstract)
From: Thornton, Edward
To: Madison, James

24 June 1803, Philadelphia. Encloses the passport requested in JM’s letter of 22 June. Wishes JM “to apprize him, at his own convenience and whenever he shall be able, of the names of both of the vessels, for which Mr T. has given passports.”

   RC (DNA: RG 59, NFL, Great Britain, vol. 2). 1 p.

   Circular Letter to Foreign Ministers Resident in the United States, 22 June 1803.


Title: From James Madison to James Monroe, 25 June 1803
From: Madison, James
To: Monroe, James

private
Dear Sir
Washington June 25. 1803
Your several letters to Apl. 19. have been recd. The dawn of your negociations has given much pleasure and much expectation. We wait with anxiety your next despatches, which will probably disclose the precise prospect if not the result in form. The crisis as seen here has been auspicious and I am persuaded that you will have seised [sic] and pushed its advantages. The purchase of the country beyond the Mississippi was not contemplated in your powers because it was not deemd at this time within the pale of probability. The disposition to the measure must have grown out of the difficulty found by France in getting the Floridas whose ports are essential and out of the obstacles dreaded from an English war. It is presumed that the defect will not be permitted either by yourself or by the French government to embarras much les[s] could suspend your negotiations on the enlargd scale and on that calculation with the momently hope of further information from you, no addition[al] powers are forwarded. As the French Government can feel no real doubt that your engagements for western Luisiana tho’ not expressly authorised would be confirmed hesitations on that ground will be an evi[d]ence of evasive or dilatory purposes, and doubtless be so treated by you. It is not impossible that in the spirit of indiscriminate objection to public measures the acquisition may produce criticism and censure. In some views it may even be a subject of disquietude. But the important uses to which it may be turned will amply justify the arrangement and ultimately silence the voice of faction.
Should the proposition you had concluded to make be accepted, your fund will be exhausted and the question will arise as to the Floridas and a trip to Madrid. The President concurs in the opinion that it will be best to take time for deciding this question. The Floridas can easely be acquired especially in case of a war, and perhaps by arrangements involving little or no money. Another consideration is the importance of having a Minister both at London & Paris, in the present state of things. The late public letter on this subject, with the verbal explanations you carried with you, leave nothing to be here added but a wish that we may soon hear from you and Mr. Livingston, and that your respective inclinations may coincide with the wants of the public service.
According to our latest accounts from England, the match was ready to be put to the train laid for war. Some of the communications from Mr King are proofs that the complaisance of that country also toward this is stimulated by the approac[h] of war.
The deposit at N. O. was reestablished within an hour after the arrival of the orders from Spain. Aided by the hope from your negociations, it will give general & lively satisfaction.
It appears that in your Commission, tho’ not in your letter of Credence, you are stiled Envoy Exy. This was a mistake of the Clerk who wrote the Commission. Vattel indeed puts the two titles on the same grade; but the usage in France is said to make a distinction which might render that of Envoy Exy. inconvenient to yourself. I take for granted that you will have adjusted yourself to the same character as is held by your Colleague.
The course of our internal affairs continues to be favorable. For ordinary details I refer to newspapers going herewith. Mr. Olsen the Danish Resident who is so good as to be the bearer may perhaps make additions which will be acceptable to your curiosity. He leaves this Country under good impressions, and joins that with the ordinary claims on your polite attentions.
The articles of your furniture from Richmond have come to hand safe, at least as far relates to the transportation hither. I will shortly send you a list with the weights of the plate, with a view to your fixing the price. We propose to purchase before the ensuing winter a supply of Household linens. If it be the wish of Mrs. Monroe, to part with any articles left behind, in expectation of replacing them from Europe, it may not be inconvenient perhaps to us, to take them. This is suggested however on the sole ground that the arrangement would be of your choice. To us it is perfectly indifferent, whether our supply be obtained in that or the ordinary mode. It will occur that an answer before our return hither from Orange which must be abt. the last of Sepr. will be material. You may mention any other articles in Albemarle, wch. you would wish to dispose of, and they will be taken into consideration. Mrs. Madison offers affecte. respects to Mrs. Monroe & Miss Eliza. who will please to accept my salutations also. Yrs. truly
James Madison

   RC (DLC: Monroe Papers). Unless otherwise noted, italicized words are those encoded by JM and decoded here by the editors (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:352 n. 1). RC partially decoded interlinearly.

   Monroe to JM, 9, 15, and 19 Apr. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:497–98, 520–22, 538–39).

   See Monroe to JM, 19 June 1803, and n. 2.

   For an example of British “complaisance” toward the U.S., see King to JM, 2 Apr. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:474–75).

   Underlined in RC.

   For the items JM purchased from Monroe, see Monroe to JM, 7 Mar. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:395–97 and n. 1).


Title: To James Madison from Robert R. Livingston, 25 June 1803
From: Livingston, Robert R.
To: Madison, James

Dear Sir
Paris 25th June 1803
Inclosed is Mr. Skipwiths report upon Colonel Powels claim. I fully concur with him in opinion that he has no foundation for any demand upon this government. Should we make it we should doubtless invite the most serious ones upon our own. I also inclose an arrette of this government and a note that I have put in this day upon the subject. I have asked a conference with Consul Le Brun and will endeavour to convince him of the absurdity of the regulation as it respects France and its injustice as it respects neutral powers. The First Consul having left Paris this business will fall in the department of Consul Le Brun. I have translated the note that as Mr. Talleyrand & the minister of the interior are with the first Consul it may be submitted to his consideration. I also inclose a Note on the subject of the transportation of negroes to the United States with the ministers answer, the minister of the marine and the Colonies, being absent having preceeded the first Consul who will be out two months, nothing will be done in it ’till his return.
I have received your letter of the  with the Commissions &c. the duplicates and triplicates—Before this reaches you, you will have learned that they were unnecessary as they respected our negotiations. You will find by looking back to my letters that I had long anticipated something of this kind and I was greatly surprised when Mr Monroe came without it. I however in all my conversations held out the idea very strongly and you will see it hinted at in my notes & in my letters to J. B. so that it doubtless has had a considerable operation in bringing this government to the resolution they took before the arrival of Mr. Monroe to part with Louisiana. You will remember that in one of my letters, I request you to set on foot a negotiation with Britain for assertaining your North western boundary but not to come to any conclusion as I was at that time endeavouring to excite the alarm here that should put us in possession of the country above the Arkansas and I own I have felt very much distressed, that I never found any of these suggestions noticed or encouraged by our government, but presuming always that they ultimately would be, I have carefully concealed my want of powers and acted as decidedly as If I had possessed them, and to this as well as to the firm attitude that our government took, you may attribute the success of our negotiations. I hope in God that nothing will prevent your immediate ratification & without altering a syllable of the terms, if you wish anything changed, ratify unconditionally and set on foot a new negotiation. Be persuaded that France is sick of the bargain and that Spain is much dissatisfied and the slightest pretence will lose you the treaty. Nothing has raised the reputation of our Country in Europe so high as the conduct of our government upon this occasion, both at home and abroad. In pursuance of the wish expressed in your Letter, Mr. Monroe proceeds in a few days as your resident Minister plenipotentiary to England, for tho’ it was doubtful whether this was, or was not, intended to depend upon the contingency mentioned therein, yet as you were unrepresented there, & the War rendered some representation necessary we thought it most conformable to the presidents intention that he should go.
I would submit it to your consideration whether it would not be proper to establish packet boats to France during the war, private vessels will not charge themselves with Letters, or if they should, those they take will be inspected on both sides & our vessels running between New York and L’Orient would be able to sail the first day of every month, the officers and sailors you must keep in pay would render the expence trifling, and that expence would be fully paid by letters & passengers, while the Commerce of the Country would be very much benefited by the measure.
They have published in some of the papers here an account of a large American merchant Ship from Naples, having been taken by an Algerine Frigate after a severe engagement, that Wm. Smith was on board. Smith was at Naples and did design to go up the Mediterranean in a large American armed vessel, this gives colour to that report, but I have no letters confirming it, nor can I believe that we have any breach as yet with Algiers. If the report is founded, the Capture must have been made I think by a Tripolitain, or which is more probable by some British Cruzer.
The Consul has left Paris with four of the Ministers upon a tour that will detain him two months, in consequence of this the great body of the corps diplomatique will leave Paris and as nothing can be done in the line of business, I propose to embrace that opportunity to avail myself of the Presidents permission and make a tour in England for a few weeks. I shall stay however fir[s]t to arrange the business of our board and to give my forth of July dinner. My absence will relieve the Treasury a little & delay the drawing of the orders upon it in consequence of the Treaty, ’till it can have had time to make arrangement for receiving them. On the Consuls return many things will require the attention which I shall endeavour to give them.
Nothing can be more animated or united than this Nation on the subject of the war. They consider the conduct of England in the most odious light, and the endeavours of the first Consul to avoid a war have rendered him extremely popular. Some attempts are on foot for a negotiation under the mediation of Russia, but as the principals upon which England has gone to war must keep her from negotiating on the basis of the Treaty of Amiens, and France will treat on none other, nothing will come of it. Inclosed is Mr. Talleyrands letter anouncing the war & my reply. I am dear sir with the highest respect & consideration Your most Obt He Set
Robt R Livingston
P S: I send a letter & papers recd. from Genl Dumas on which I give no opinion the government or Ministers have never spoken to me on the subject
2d P. S. the above mentioned arreté from the french Govt is contained in the Moniteur herein enclosed

   RC and enclosures (DNA: RG 59, DD, France, vol. 8A); FC (NHi: Livingston Papers). RC in a clerk’s hand, signed and with postscripts by Livingston. Italicized words are those encoded by Livingston’s clerk and decoded here by the editors (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:304–5 n.). RC decoded interlinearly by Wagner. For enclosures, see nn. 1–4, 10, 11.

   Enclosed is a copy of the report on Leven Powell’s claim against France, dated 23 June 1803 (2 pp.), in which Skipwith concluded that the claim was unsupported by legal evidence and could not at that time be presented with any hope of the French government’s “being induced to afford redress.” Moreover, he wrote, it “appears to me in all its points to be an affair to be adjusted entirely with the house of Messrs Collow freres Carmichel & Co that its true course ought to be directed to the hands of a Special & not a public agent.” On 28 Sept. 1803 Daniel Brent sent Powell a copy of this report with an extract from Livingston’s letter (DNA: RG 59, DL, vol. 14).

   Enclosed is a copy of the arrêté (2 pp.; in French), dated 1 Messidor an XI (20 June 1803) and signed by Napoleon and Secretary of State H. B. Maret, which prohibited the importation of all merchandise coming directly or indirectly from Great Britain or its colonies into French ports, declared that all such merchandise would be confiscated, and required that neutral ships trading with France carry a certificate of identification with the attestation of a French commercial agent that the cargo included no British goods. Ships without certificates would not be admitted to French ports unless they carried away cargoes of French goods of equal value to those they brought into port.

   Enclosed is a copy of Livingston’s note to Talleyrand, dated 25 June 1803 (8 pp.), which objected to the arrêté of 1 Messidor an XI (20 June 1803). Livingston pointed out that the arrêté would injure the U.S.–East Indian trade that had long been encouraged by France as helpful to itself and hurtful to Great Britain. He called unfair the short notice given to U.S. merchants of the new regulation and predicted that without a grace period of at least five months, “new complaints, new claims, & new violences” would take place that would engender a new round of claims to replace the old “lately put in a train for accomodation.” He further objected to the restraint placed on merchants who would not be at liberty to make up cargoes as they wished by visiting a number of ports but would be forced into ruinous exchanges by the new regulations. Livingston also argued that the arrêté would destroy the commerce and manufactures of France by discouraging foreign commerce while giving a monopoly in the carrying trade from the East and West Indies to Great Britain.

   A note by Wagner on the RC indicates that these enclosures were not received with this letter. Livingston to Talleyrand, 13 June 1803 (2 pp.; filed after Livingston to Talleyrand, 18 July 1803), complained of the “gross and dangerous insult” offered by the governor of Guadeloupe, who “compelled American vessels to receive on board such blacks and people of colour as he deemed too dangerous or too criminal to retain in the Island.” Livingston requested “satisfaction for the indignity to the United States, as well as … security against similar aggressions in future.” Talleyrand, in his reply of 4 Messidor an XI (23 June 1803) (1 p.; in French), informed Livingston that he had sent the letter to the minister of marine.

   Left blank in RC. Livingston referred to JM’s letter of 18 Apr. 1803 to himself and Monroe, enclosing instructions and commissions for the two should the negotiations for Louisiana fail (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:527–32).

   For Livingston’s correspondence with Joseph Bonaparte about Louisiana, see Livingston to JM, 2 Nov. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:76–80, 81 n. 13), and Dangerfield, Chancellor Robert R. Livingston, pp. 341–45.

   See Livingston to JM, 20 Dec. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:203–4).

   This word was miscoded “c conclausIreland”; Wagner wrote “conclusion” in the right margin.

   This word was miscoded “asarm”; Wagner wrote “alarm” in the right margin.

   Enclosed is a copy of Livingston to Talleyrand, 2 June 1803 (1 p.; marked “duplicate”), acknowledging the receipt of Talleyrand’s letter of 11 Prairial an XI (31 May 1803) (3 pp.; in French; filed after Livingston to JM, 3 June 1803), announcing the outbreak of war between France and Great Britain.

   Enclosed is Mathieu Dumas to Livingston, 1 Prairial an XI (21 May 1803) (5 pp.; in French), pleading again on behalf of the heirs of Pierre-Augustin Caron de Beaumarchais in their claim against the U.S. for supplies provided during the American Revolution (see Pichon to JM, 14 Nov. 1801 [PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:241–43 and nn.]).


Title: To James Madison from William Jarvis, 25 June 1803 (Abstract)
From: Jarvis, William
To: Madison, James

25 June 1803, Lisbon. Last wrote JM on 11 June, enclosing the prince regent’s declaration of Portuguese neutrality. Has since been unofficially informed that the emperor of Russia will guarantee Portuguese neutrality and that the Russian government has informed the British and French ministers of the fact. “The Sum paid for Louisianna I presume will be deemed a mere trifle compared with the great disadvantage the Settlement of it by the French must have been to our Country” or with the expense of taking the area “by force of Arms.” “Let the conduct of Government in this affair be viewed in what point of light it will, it must do them much honor” and will convince the Federalists of the “moderation, prudence, firmness and Wisdom of the Executive.” Regrets that supplies have not reached Algiers, because “it behoves us to leave no just cause of complaint at this time.” The forbearance of the European nations renders the dey “more intractable and unreasonable than ever.” Believes “the Regency … are at all times governed by the fears or interest in their foreign Connections” and that no nation can be secure unless it adheres to a “punctual compliance” with their treaties or else musters a force in the Mediterranean “Sufficient to awe or beat them into Submission.” A report circulates that a Portuguese frigate captured an Algerine armed vessel; this “however seems to be incorrect without it took place since the date of Mr. OB’s letter.” Believes O’Brien is misinformed as to Portugal’s appointment of a minister to Algiers. But if they should negotiate a peace before the U.S. presents arrive “to put the Dey in a little better humour with us, it might prove very prejudicial to our affaires.” Encloses letters from Pinckney, Graham, Simpson, Leonard, and O’Brien.

   RC and enclosure (DNA: RG 59, CD, Lisbon, vol. 2). RC 3 pp.; docketed as received 29 Aug. For surviving enclosure, see n. 2.

   Jarvis no doubt meant his letter to JM of 18 June, which enclosed the declaration.

   Enclosed is a copy of Richard O’Brien to Jarvis, 5 June 1803 (2 pp.), reporting the captures by Algerine corsairs of Neapolitan and Genoan ships carrying British and French passports, as well as the movements of the Portuguese frigate Vasco da Gama. O’Brien also mentioned the arrival of Commodore Morris at Gibraltar with consuls Eaton and Cathcart.

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


Title: To James Madison from John Mitchell, 25 June 1803 (Abstract)
From: Mitchell, John
To: Madison, James

25 June 1803, Le Havre. “I had the honor of writeing you ⅌ mr. P. a Jay to whom I deliverd by order of our Ministers two Packets addressed to you the Winds haveing Continued long to the west ward no Vessill could sail for America since Capn. King who left this the 14h. inst charged with Duplicate dispatches. Mr Jay as I advised is on board the Ship Oliver Elsworth Capn. Henry of & for New York and left this the 23d. inst. ⅌ this Occasion I send you third Copy and which came to hand since my last.” British frigates continue to guard Le Havre. Only six American ships have entered since 24 May; “this Port has had but little of the Commerce of the U.S.A.” One or more American vessels bound for Le Havre have been sent to England, reason unknown. There is no ship of war building in Le Havre, but since the visit of the minister of marine, all vessels from 5 to 100 tons have been requisitioned, “for what purpose I can’t say.” Has received a letter from Barnet indicating that he had received a commission as commercial agent at Le Havre and that he feared JM had filled the place at Antwerp. Understands that his commission for Le Havre was made on the condition that Barnet would get Antwerp. “I should be far from the desire of holding it to the Injury of Mr. Barnet.” Awaits word of what “Arrangement may prove agreeable to our Government.”

   RC (DNA: RG 59, CD, Havre, vol. 1). 5 pp.; docketed by Wagner as received 29 Aug.

   Mitchell here placed an asterisk and wrote in the left margin: “⅌ Charleston Packet Cap Silliman of & for Philadelpa.”

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


Title: To James Madison from William Savage, 25 June 1803 (Abstract)
From: Savage, William
To: Madison, James

25 June 1803, Kingston, Jamaica. Last wrote on 13 May. Dispatches from Great Britain since that date have informed the governor of the renewal of hostilities between Great Britain and France. “In consequence … their has been a very Hot press throughout the Island.” In Kingston about sixty seamen were taken out of American ships. Upon his application to the admiral, the American citizens were released. On the north side of the island some vessels lost seamen to the press “& have experiencd distress from the measure.” Has taken their names and will apply for their release when the frigates arrive in Kingston. Observes that the customhouse protections carried by American seamen have not been filled out properly: “they should pointedly state the City Town District County & State” where the seamen reside. In New York and points south “a numerous body of British Seamen very improperly received protections which gave much offence to the different Admirals on this Station.” Is confident that good will come of the law of 28 Feb. 1803 respecting American seamen, who to his “personal knowledge sufferd greatly from the very improper conduct of many masters of American Vessels.”

   RC (DNA: RG 59, CD, Kingston, Jamaica, vol. 1). 2 pp.; docketed by Wagner as received 30 July.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:607.

   See John J. Murray to JM, 22 June 1803, n. 1.

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


Title: To James Madison from George W. Erving, 26 June 1803 (Abstract)
From: Erving, George W.
To: Madison, James

26 June 1803, London. No. 20. Loses no time in forwarding a copy of “a decree issued by the French government on the 20th instant,” which he has “just received from Paris.”

   RC and enclosure (DNA: RG 59, CD, London, vol. 8). RC 1 p.; docketed by Wagner as received 29 Aug.

   The enclosure was a copy of Napoleon’s 1 Messidor an XI (20 June 1803) decree forbidding the importation of goods into France from Great Britain or its colonies under penalty of confiscation and requiring neutral ships to carry certificates issued by French officials at ports of embarkation (3 pp.; in French; docketed by Wagner).

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


Title: To James Madison from John Mitchell, 26 June 1803 (Abstract)
From: Mitchell, John
To: Madison, James

26 June 1803, Le Havre. “A letter received from Mr. Barnet of the 24 in reply to mine of the 22d, in a very friendly maner removes all the fears I was under of his supposeing I had in my Letters to you misrepresented his intentions.” Barnet believes his appointment at Paris will detain him “some months” and is pleased that Mitchell will “officiate In his stead.” Renews his hopes that they may both be confirmed in their appointments. The vessel conveying this was detained by “a small fleet of boats going round to Cherbourg.”

   RC (DNA: RG 59, CD, Havre, vol. 1). 2 pp.; docketed by Wagner as received 29 Aug.

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


Title: To James Madison from Richard Harrison, 27 June 1803
From: Harrison, Richard
To: Madison, James

Sir
Treasury Department Auditors Office June 27. 1803
As the Accounts of Mr. Eaton, late Consul at Tunis, are the first of the kind that have been presented for examination at the Treasury, it appears necessary, before I proceed to adjust them, that the principles of settlement should be fixed by you. To this end I have the honor herewith to submit a detailed statement of all his charges, which, in order that you may have a more distinct view of their nature, I have distributed or classed under fourteen different heads. The leading points on which I more particularly wish to be instructed are the following.

1st.The time for which Salary is to be allowed, and at what rate.
2d.What kind of expenditures, generally, are to be considered as authorized & in themselves proper.
3d.Whether, according to the general rule of settlement at the Treasury, Vouchers are to be required for every charge; or if not in what particular cases they may be dispensed with.
4th.Whether the Stores & Merchandize Shipped for Tunis from the United States & England are to be considered as already accounted for, or whether they are to form a debit against the Agent.

I have the honor to be, with sentiments of perfect respect, Sir Yr. obedt hble Servt
R. Harrison

   RC (DNA: RG 59, ML). Docketed by Wagner with the notation: “Mr. Eaton’s accounts.” Enclosure not found.


Title: To James Madison from William Lee, 27 June 1803 (Abstract)
From: Lee, William
To: Madison, James

27 June 1803, Bordeaux. Encloses a packet from Monroe received “the day before yesterday” and a copy of his last letter. Has been much troubled by American seamen; the crews of ten ships now in port, a total of about ninety men, all deserted to take service in privateers. Of these, sixteen had already sailed downriver with the Blonde. Arrested sixty and imprisoned them with the assistance of the commissary of marine. Has distributed all but the crew of the Blonde among the American ships in port; ransomed the sixteen from the Blonde “per list enclosed” and will keep them in prison until instructions arrive from Livingston. Recommends they be “sent home in Irons” to be tried and punished; is persuaded “that their being made an example of would prove a good lesson to our seamen … and of great utility to the United States.” Should Livingston disagree, will find berths for them on American ships and take payment for them from the captains. Encloses a decree published in the Moniteur of 21 June restricting the importation of West Indian goods. The third article “will operate to the injury” of American merchants, “who are in the habit of anticipating a part of their Cargoes to Europe by valuing on Amsterdam & London and ordering their friends in this Country to remit to those places to meet their bills.” Out of fifty cargoes consigned to Lee, “but two have been returned in French produce and manufactures.” Most of the ships that will arrive before this news reaches the U.S. “will not be permitted to enter for I know of no houses in this Country who will be willing to meet the bills which may be drawn on those shipments and return a Cargo … equal in value to the import.” “The General opinion among merchants here is that some alteration will take place in this Law and I believe the Chamber of Commerce are occupied in making a representation in consequence of some statements I have made to them.” Has also written to Livingston on the subject.
Received JM’s letter of 6 Apr. and has ordered the wine to be shipped in the brig Mary, which sails for Norfolk this week. “The letter to Mons. de Poleau I have forwarded with a request that he would return me an answer.”

   RC and enclosure (DNA: RG 59, CD, Bordeaux, vol. 1). RC 4 pp.; docketed by Wagner as received 29 Aug. The surviving enclosure is a list of American seamen aboard the Blonde, extracted from the rôle d’équipage (1 p.; docketed by Wagner as received in Lee’s 27 June letter).

   For the decree of 1 Messidor an XI (20 June 1803), see Livingston to JM, 25 June 1803, and n. 2.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:485.

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


Title: To James Madison from William Kirkpatrick, 28 June 1803 (Abstract)
From: Kirkpatrick, William
To: Madison, James

28 June 1803, Málaga. Encloses duplicates of his letter of 28 May and those from O’Brien therein referred to, as well as the semiannual return of vessels arriving in Málaga. Informed JM of his appointment of John Dandeya as vice-consul for the ports of Motril and Almuñécar “on this Coast” in his December letter; “His Catholic Majesty has since granted his Exequatur to permit his exercising the Employment at said Places.” Encloses a letter “just received” from O’Brien at Algiers dated 4 June.

   RC (DNA: RG 59, CD, Málaga, vol. 1). 1 p. Enclosures not found.

   See Kirkpatrick to JM, 23 Dec. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:219–20).

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


Title: To James Madison from Joseph Pulis, 28 June 1803 (Abstract)
From: Pulis, Joseph
To: Madison, James

28 June 1803, Malta. Asks JM to intervene on his behalf. Has served two years as U.S. consul for Malta and has always agreed to whatever was necessary to favor the U.S. Navy and to treat its commanders and officers with honor. In executing his duty, has been driven to enormous expenses; for example, has furnished money to naval captains and negotiated their bills in Italy. War has caused commerce to suffer, and Pulis has lost a considerable amount of money on the exchanges. Has done this because of his attachment to the U.S. However, remarks that since there is little or no American traffic to this island, he has no means to recoup his losses. Asks therefore to be paid a sufficient allowance to cover the expenses he incurs in providing service to the U.S. Navy. Relies on JM’s goodness.

   RC (DNA: RG 59, CD, Malta, vol. 1). 2 pp.; in French.

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


Title: From James Madison to Ebenezer Potter, 30 June 1803
From: Madison, James
To: Potter, Ebenezer

Dear Sir
Washington June 30. 1803.
Your favor of the 23d. has been duly recd. I have inquired into the arrangements for filling the offices of Register & Comssr. of claims in the Mississippi Territory, and find that they preclude your wishes on that subject; and these are I believe the only offices to which your wishes can refer. I shall always feel it due to the opinion I entertain of your integrity & other qualities, to represent them to the President on any occasion you may chuse, in such a manner as will enable him to do justice to your pretensions in comparison with those of competitors.
As you decline, in favor of another plan, the purchase of our Mill-establishment, it is unnecessary to enter on that subject. I think it probable you would have found the terms very advantageous to you, notwithstanding the difficulty attending a few of the very small shares. The abatements on that consideration would have been more than equivalent, to this encumbrance, even if in case of improvements a share of the expence would not fall on those shares, which is by no means certain.
The latest information from Europe leaves the question of war undecided. The letters from Paris are not of late date. Our prospects there were not fixt, but on the whole not unfavorable. I am Sir very respectfully yr. obedt. sert.
James Madison

   RC (CtY: Alfred Van Sinderen Collection).


Title: To James Madison from John M. Forbes, 30 June 1803 (Abstract)
From: Forbes, John M.
To: Madison, James

30 June 1803, Hamburg. Has received JM’s circular letter of 9 Apr. The “wise provissions” of the act of 28 Feb. do away almost entirely with “the embarrasments incident to the duty of foreign Consuls.” Supposes, for instance, that consuls will be able to “exact” $10 for the U.S. fund for seamen’s relief when sailors request a discharge and “relinquish the extra Wages.” Requests instructions but in the meantime will act on this construction of the law. The king of England, acting as elector of Hanover, has refused to sign the capitulation concluded between the Hanover regency and the French general Mortier. In consequence the French have crossed the Elbe “with a determination to make the Hannoverian army Prisoners of War.” The Hanoverian forces have retreated to Ratzeburg, “where it is said they are determined to oppose to this new attack, a desperate but probably an ineffectual Resistance.” France and Prussia have promised “that the territory and trade” of Hamburg “shall remain inviolate,” but Forbes believes the city’s situation “is still painfully precarious.” Has been promised a second answer from the British chargé d’affaires, “in which I understand an advantage will be taken of the want of legal evidence of the injury complained of.” Encloses a copy of the instructions he has issued to captains as they sail from Hamburg.

   RC (DNA: RG 59, CD, Hamburg, vol. 1). 2 pp.; docketed by Wagner. This letter and that of 8 July were sent together with a number of enclosures. For the enclosure relating to this letter, see n. 3.

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

   See John J. Murray to JM, 22 June 1803, n. 1.

   Forbes enclosed his “Circular to the Americans leaving this Port,” n.d. (2 pp.), warning of British impressment of U.S. seamen outside Hamburg harbor and enjoining ship captains to return immediately to port should “any Violence” be done “by any Foreign power” to their ships or crew “in order to support by your united Testimony the representations, which I may find it necessary to make in the case.” Previous impressments had been followed by the abandonment of the sailors by their captains: “this indifference is highly reprehensible,” wrote Forbes, “as it violates … the duty which every American owes to his injured fellow Citizens” and is an insult to “the national flag.”

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


Title: To James Madison from John Mitchell, 30 June 1803 (Abstract)
From: Mitchell, John
To: Madison, James

30 June 1803, Le Havre. Encloses a list of American vessels entering and departing this port since the last return made. “There are but few remaining in port and I much fear the War will entirely deprive this place of its Commerce with the United States.” This is “the only port from Brest to Dunkirk where our Vessells can lay afloat.” Adds in a postscript dated 1 July that he has received letters for JM and Jefferson from Livingston and has forwarded them by the Sally. Livingston mentions the absence of the minister of marine; “the Affair of enrolling our seamen must lay over till his return.”

   RC (DNA: RG 59, CD, Havre, vol. 1). 2 pp.; docketed by Wagner as received 25 Sept. Enclosure not found.

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


Title: To James Madison from William Clark, July 1803 (Abstract)
From: Clark, William
To: Madison, James

July 1803. “Permit me to ask your attention to the inclosed copy of a testimonial from a few of my friends, the original whereof I had the honor to present to you in the Autumn of 1801, and which I presume is still in the Office of the Department of State.
“The renewal of War between France and Great Britain, and the blockade of the Dutch and possibly of the Imperial Ports which may be consequent on it, has induced some of the most respectable mercantile characters here to think that the appointment of an American Consul at Embden, would be beneficial to the Commerce and to the seamen of the United States, as should the event before referred to, that of the Dutch & Hanse Towns being blockaded, take place, Embden cannot but become the principal Port of the American trade in the North of Europe, and the Emporium for the supply of Holland Prussia & the German Empire.
“From my own wishes, from the suggestion of the merchants of this Place, and from the attention with which you had the goodness To receive my former conditional application for the Consulate at Amsterdam, I now take the liberty to request that at Embden if it be deemed expedient to establish a Consulate in that City.
“Should I be honored by this appointment, I can with great truth affirm, my best efforts shall ever be directed to sustain the dignity of the Government and to promote the best interests of the Citizens of the United States.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Clark”). 2 pp.; docketed by Jefferson: “Clarke Wm. Massachus. to be Consul at Embden.” Undated; conjectural date assigned here on the basis of internal evidence and the acknowledgment in Clark to JM, 28 June 1804 (DNA: RG 59, CD, Elberfeld, Rostock, and Lübeck, vol. 1).

   For the enclosure, see Thomas Amory and others to JM, 5 Sept. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:87).

   Boston, Massachusetts.


Title: To James Madison from Daniel Clark, 1 July 1803
From: Clark, Daniel
To: Madison, James

Sir
New Orleans 1 July 1803
The Government of this Country has discover’d that a demand has been made by the Colonial Prefect of Troops from St. Domingo to put him in possession, and entertains fears that they may shortly arrive. This intelligence was communicated to me with a wish that you should be informed of it, as it is supposed that such a measure must be productive of injury to our Government. The Spanish Officers will do all in their power to prevent the landing of any Forces whose Commander is not the Bearer of the Royal Order for the surrender of the Colony, and if in Force, would even pay no attention to it, as they universally suppose that it has been a Measure of necessity and that its consequences must be fatal to them. The attention of the English cannot as yet have been turned to that Quarter & I cannot pretend to judge whether it would comport with the System of Policy adopted by our Government to put any obstacles in the way of these Troops. Rochambeau wrote some time since to the Prefect that although his own Situation was critical, he would notwithstanding afford him a sufficient support to have the French Government recognized and respected on the Mississippi. Two or three Sloops of War have been demanded from hence of the Government of Havana to protect the entrance of the River. From these Circumstances you may judge of the jealousy existing between the officers of the Spanish & French Governments, which I wish we could turn to our own advantage. I remain very respectfully Sir Your most obedient & most humble Servant
Daniel Clark

   RC (DNA: RG 59, CD, New Orleans, vol. 1). Docketed by Wagner as received 14 Aug.

   Because the French expeditionary force that was to accompany Laussat had not arrived, he suggested to Denis Decrès in a letter of 30 Messidor an XI (19 July 1803) that he be furnished with “1,800 to 2,100 good troops” from Saint-Domingue to take possession of Louisiana (Marc de Villiers du Terrage, The Last Years of French Louisiana [Lafayette, La., 1982], pp. 476–82).

   Donatien-Marie-Joseph de Vimeur, vicomte de Rochambeau (1755–1813), son of the Rochambeau who figured prominently in the American Revolution, accompanied Leclerc on the expedition to Saint-Domingue in 1802 and commanded the French army after Leclerc’s death. Forced to evacuate the island in November 1803, he was taken prisoner by the British. After being liberated in 1811, he rejoined the army and was killed at the battle of Leipzig (Tulard, Dictionnaire Napoléon, p. 1470).


Title: To James Madison from George W. Erving, 1 July 1803
From: Erving, George W.
To: Madison, James

No 22
Sir
London July 1st. 1803
I have the honor to acquaint you that the British government have deemed it Expedient to blockade the River Elbe; this measure has been formally notified to the foreign ministers Resident here, & to Mr Gore who tho not left in charge of our affairs by Mr King, has I understand, presuming upon certain letters which you have addressed to him provisionally under the Expectation that he might have been so charged, introduced himself & been Received as a confidential tho uncommissioned Agent of our government. This proceeding on the part of Mr Gore has induced me on the present occasion to write the letters copies of which I have the honor herewith to inclose.
It woud appear that the British government are at a loss to justify this very bold stretch of its naval power, at the very door too as it were of the northern Neutrals; we hear therefore that the French had planned an Expedition which was on the point of Sailing from that quarter for the coasts of Scotland: It did not however previously appear, nor is it now shewn that they have any means prepared adequate to Such an object. Upon the whole therefore it seems probable that this measure will not be Received with much complacency by the Northern Powers, & may contribute to justify in a great degree the charges & Reproaches which the French are perpetually urging against the British in those Courts.
I have very great satisfaction in saying that we have heard of the appointment of Mr Monroe to our Ministry here; look daily for his arrival from Paris. I have the honor to be with the Most perfect Respect & consideration Sir Your very obt St
George W Erving

   RC and enclosures (DNA: RG 59, CD, London, vol. 8). RC docketed by Wagner as received 29 Aug. For enclosures, see n. 1.

   Erving enclosed copies of four letters: (1) Christopher Gore to Erving, 29 June 1803 (1 p.; marked “Circular”), announcing the British blockade of the Elbe River; (2) Erving to Lord Hawkesbury, 29 June 1803 (1 p.), noting that Erving did not recognize Gore in the capacity of chargé d’affaires and requesting that Hawkesbury indicate whether Gore’s letter should be considered “as an official communication of his Majesty’s Government”; (3) Erving to Gore, 30 June 1803 (1 p.), informing the latter that Erving would “accept of no official communications from any person acting in the affairs of the United States, who has not been regularly appointed by the government for that purpose”; and (4) Lord Hawkesbury to Erving, 30 June 1803 (1 p.; docketed by Wagner as enclosed in Erving’s 1 July 1803 letter), confirming Gore’s letter as an official communication.


Title: To James Madison from Christopher Gore, 1 July 1803
From: Gore, Christopher
To: Madison, James

Sir,
London 1st. July 1803
Shortly after writing you under date 4 June, I received the original of your Letter of the 6th. April, and also the Documents therein stated to have been sent, in support of the claim of the Government of the United States on that of Great Britain, for what the former had paid, beyond its proportion, towards the expences of the late Board at Philadelphia. In consequence whereof application was made to Lord Hawkesbury by note, a copy of which is herewith enclosed, for reimbursement of a moiety of the Sums paid in America.
Mr. Hammond, the Under Secretary of State has assured me that the same has been submitted to the inspection of their Commissioners under the sixth article, and will receive the immediate attention of Government.
I do myself the honour to enclose a copy of a Note received from Lord Hawkesbury informing of the blockade of the Elbe: according to his desire, as therein expressed, I notified the same to our several Consuls residing in Great Britain.
The remittance of the Secretary of the Treasury of £4025.3.9 Sterling to supply the deficiency in the Diplomatic fund occasioned by the failure of Messrs. Bird, Savage & Bird, has been received and forwarded to Sir Francis Baring & Company with a copy of your Estimate of the various objects to which it was intended to apply the same.
In several cases, wherein I have been requested to apply to this Government for the release of vessels embargoed or detained, it is but justice to say the answers have been as prompt and satisfactory as could have been expected. With great respect, I have the honour to be, Sir, Your most ob. & hum. Servant
C. Gore

   RC and enclosures (DNA: RG 76, Great Britain, Treaty of 1794 [Art. 7], Unbound Records). RC in a clerk’s hand, signed by Gore; docketed by Wagner as received 30 Aug. For enclosures, see nn. 2 and 3.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:483–84.

   Gore enclosed a copy of his letter to Hawkesbury, 14 June 1803 (3 pp.; docketed by Wagner), requesting reimbursement of $15,516.27½ expended by the U.S. for the commission appointed under article 6 of the Jay treaty, this amount being justly chargeable to Great Britain.

   Enclosed is a copy of Hawkesbury to Gore, 28 June 1803 (3 pp.; docketed by Wagner), announcing the British blockade of the Elbe River in consequence of the French occupation of Hamburg.

   The estimate was enclosed in JM to Gallatin, 6 Apr. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:481–83).


Title: To James Madison from Asher Robbins, 1 July 1803
From: Robbins, Asher
To: Madison, James

Sir.
Newport. 1 July. 1803.
Your letter of the 10th. ult. was duly recd. The fact you state & rely on, is important; and the objections suggested by it, are perhaps conclusive; they certainly are very ably stated. I find the fact, on enquiry, to have happened as follows. Antecedent to the war, Mr. Giles Hosier of this town, was part owner & master of a certain Vessel. A House at Pool in England, were the other part owners. Hosier finding this Eldred, a promising Lad, made him his mate. At length, quitting the seas himself, & selling to the other part owners, he put Eldred in master & sent the Vessel to England; recommending Eldred, to the notice of this House as a capable & trusty young man. The consequence was, that they continued him in their employ in the Mediterranean Trade. The war afterwards commenced, & Eldred still continued to command this Vessel in this Trade. He was then a young man without property, with a mother & Sisters to support, & this employ his only resource.
If these circumstances, would affect the conclusions you deduce from the fact, they can all be proved.
But I would beg leave to suggest, some doubts as to your Conclusions. As to the first—I take it that the Statute, to which you allude, in the Brittish System of navigation Laws, viz the Statute requiring that the master & three fourths of the Seamen, should be Brittish subjects, did not pass ’till long after the American war. This Statute, is stat. 33 Geo. 3 c. 68. At the time in question there was no statute requiring the master to be a Brittish subject.
I take it that even now a Brittish owner, may employ a foreign master, & the only consequence would be, that his Vessel would not be entitled to the privileges of a Brittish Vessel. She would still be called a Brittish Vessel.
Further—Had there been such a statute existing in the American war it would, have been a thing of course to consider Eldred as a Brittish subject. Untill the recognition of our Independence, which was at the conclusion of the war, all our Citizens, were deemed Brittish subjects.
As to the second conclusion—I must also beg leave to question whether the fact, be proof, that Eldred renounced the American Confederacy & elected the side of Brittain. Is it not merely a circumstance of presumption? susceptible of explanation, as all presumptions are. If so I trust it may be satisfactorily shewn, that he intended no such renunciation, no such election. This War found him in that employ. It was not the occasion of his going into it. His motive for continuance in it, was personal, not political. The language of all his letters to his family here, from the time of his going abroad to the present time, evince, that he uniformly considered this & not England, as his Country. He held the same language in England. During the late European war, he was repeatedly & openly in France. Other circumstances of the like import exist & might be proved.
But should it be conceded, that it is competent for Eldred to shew that he did not renounce this Country; It is doubtless material, still, to enquire, whether this Country did not renounce him.
The Legislature of this State, passed two Acts, & only two affecting this Question. One commonly called the Act of Proscription, in Octr 1775. The Other, the Act of Confiscation, in 1779. These Acts operated upon persons, named & described therein. They were those—Who abandoned the Country after the 19th. Apl. 1775.—Who, adhered the Brittish Fleets and armies—and who aided in that Cause. Eldred is not named, nor within any of the descriptions of those acts. I do not transmit copies of them, because they have heretofore been transmitted to your Department, & doubtless are still there. I conceive that Eldred might inherit, or purchase & hold lands & exercise all the rights of a Citizen here, those acts notwithstanding. I am confident those rights would not be questioned, or if they were, that they would not be denied by our Courts. The fact on which you have formed your opinion, can not other wise be controverted, than is herein stated. No laws of this State exist specially defining the Effects of the revolution, on the rights of Citizenship, other than those referred to. If neither of these, nor any considerations mentioned, have force to affect the Opinion you entertain, it will be needless to trouble You, or to put Capt Eldred to the expence of the particular proofs; & he must bear his loss, great as it will be, in the best manner he can.
If however you should think the proof of the Case as herein stated, would entitle him to be owned by our Government, the proof shall be transmitted. Will you please advise me? I am, with the most perfect esteem Your most obed Ser.
Asher Robbins

   RC (DNA: RG 59, ML); FC (NjP: Crane Collection); FC (DLC: Causten-Pickett Papers, box 68). RC docketed by Wagner.

   Robbins was mistaken on two counts. The statute cited refers to Welsh courts, not British navigation, and the regulation requiring the master and three-quarters of the crew to be British subjects was passed in 1660 as sections 6 and 7 of “An Act for the Encouraging and Increasing of Shipping and Navigation,” 12 Car. 2, c. 18. This policy was reversed in 1793 for the duration of the war with France, allowing three-quarters of the crew to be foreigners, 33 Geo. 3, c. 26 (Ruffhead, Statutes at Large, 3:182–83, 16:308, 438).

   “An Act for the Punishment of Persons who shall be found guilty of holding a traiterous Correspondence with the Ministry of Great-Britain … or of supplying the ministerial Army or Navy …” (Rhode Island [Colony] Session Laws, October 1775 [Providence, 1775; EvansCharles Evans, ed., American Bibliography … 1639 … 1820 (12 vols.; Chicago, 1903–34). 14423], pp. 160–62).

   “An Act for the confiscating the Estates of certain Persons therein described” (Rhode Island Session Laws, October 1779 [Providence, 1779; EvansCharles Evans, ed., American Bibliography … 1639 … 1820 (12 vols.; Chicago, 1903–34). 16492], pp. 24–28).


Title: To James Madison from Carlos Martínez de Yrujo, 1 July 1803
From: Yrujo, Carlos Martínez de
To: Madison, James

Dear Sir
Philadelphia 1st. of July 1803
When I left washington I expected to have seen by this time the greatest curiosity of North America (Niagara falls) & to breath in July the cooling breezes of Lake ontario; in the room of that, the uncertainty of the political situation of Europe has Kept me in the frying-pan of Philadelphia. At last our doubts are at an end & France & Great Britain are by this time to blows. I have grounded hopes to expect Spain will remain neutral in the contest.
The information of the renewal of hostilities in Europe which has pour’d a balm on the veins of your Merchts. is accompanied by another piece of inteligence which, if true, will be as agreable to the Politician as it will be glorious for Mr Jefferson & his Administration. I allude to a suppos’d compleat succès of Mr Munroes’s mission. Would it be to pass the boundaries of circumspection to request some information on this head, if consistent with the nature of the thing & our respective situations? At all events you must see with pleasure that the Floridas remain to Spain the pretentions of France notwithstanding.
The Governor is gone to Lancaster to celebrate the 4th. of July; but the Ladies remain hither complaining of a Weather which according to the sistem of local origin should produce the yellow fever: the city continues healthy; my little ones enjoie of the same blessing but for the chapter of accidents I am going to take them to the sea shore in three days.
The Marchioness & Ladies send love to Mrs. Madison & Miss Payne & would engage them with pleasure to come to Long Branch as she understand they have been dissapointed in their expectation of going to the mountains. I suppose they must detest politics which come in the way of their amusement.
I apprehend Gl. Bernadotte will decline to come over expecting to gather laurels in the plains of Albion if he is to come at all he will soon be over. Mr. Merry I understand is very soon expected.
I wish you the continuance of your health which by Mr. Olsen report is as good as you can wish for. The preservation of mine requires my leaving the city. Accept Sir the sentiment of esteem & consideration of your most obt. Servt.
Marquis casa Yrujo
Be so good as to present my respects to your […]

   RC (NN). Marked “Private”; docketed by JM; last page torn at foot.

   The governor of Pennsylvania, Thomas McKean, was Yrujo’s father-in-law.

   Anthony Merry (1756–1835), the son of a London wine merchant, entered the British foreign service in 1783 as consul at Majorca and held a variety of consular posts, acting as well as chargé d’affaires in Madrid and Copenhagen, in the ensuing years. For six months in 1802 Merry served as British minister ad interim at Paris, and it was there that he met his future wife, Elizabeth Death Leathes, whom he married in January 1803, just eight days before he was appointed British envoy extraordinary and minister plenipotentiary to the U.S. He served in that post until December 1806 (Lester, Anthony Merry Redivivus, pp. 4–13, 119, 123).


Title: To James Madison from Henry Cooper, 1 July 1803 (Abstract)
From: Cooper, Henry
To: Madison, James

1 July 1803, St. Croix. Informed JM of his resignation as consul in his letter of 18 Dec. 1802, as he was “render’d wholly incapable” of furnishing JM with the semiannual return of ships arriving in St. Croix. Encloses two returns, beginning January 1802, which his increasing strength has allowed him to compile. These should be considered “materially defective,” since he found it nearly impossible to obtain “the requisite private information” from American merchant captains. Concludes that the lists reflect “little more than ⅔ds.” of the real traffic. Reports that his health unfits him for the post of consul; urges that a replacement be appointed. Believes that American trade with the Danish West Indies “will be found no inconsiderable object in the General history of the Trade of the United States” and that the success of this commerce will depend on the abilities of his successor. Recommends Edward Dewhurst as his replacement.

   RC (DNA: RG 59, CD, St. Croix, vol. 1). 2 pp.; docketed by Wagner as received 30 July. Enclosures not found.

   Cooper to JM, 18 Dec. 1802 (ibid.).

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


Title: To James Madison from James Maury, 1 July 1803 (Abstract)
From: Maury, James
To: Madison, James

1 July 1803, Liverpool. Wrote JM on 23 June. Has “received official notice of his Britannic Majesty having judged it expedient to establish the most rigorous Blockade at the entrance of the mouth of the Elbe & to maintain & enforce the Same in the strictest manner according to the Usages of War.”

   RC (DNA: RG 59, CD, Liverpool, vol. 2). 1 p.; in a clerk’s hand, signed by Maury; docketed by Wagner as received 29 Aug.

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


Title: To James Madison from William Savage, 1 July 1803 (Abstract)
From: Savage, William
To: Madison, James

1 July 1803, Kingston, Jamaica. Encloses copies of his letters of 21 Jan., 5 Apr., and 13 May. Is “very Sensibly effected” by the return of his bill drawn on the State Department for $175, “particularly as all [his] Accounts & vouchers have been regularly transmitted.” Observes that he drew for the sum that was due him on 21 Jan. and that on 5 Apr. he was due $250 which he did not draw for until 17 May. Requests that JM examine the account and honor the bill. “My Accounts arise from expences incurred for unfortunate American Seamen many of whom would perish was I to withold the assistance afforded them. Was the Business of a private nature I could not preserve more economy.” Protests that his instructions were “to aid and assist American Seamen whose Situation requ[i]red it,” which he has done. Wishes to know “If the Executive Government … deem my Services here of no avail.” If so, wishes to resign. “Independent of the Accounts transmitted I have a demand for the last quarter which terminated Yesterday.”

   RC (DNA: RG 59, CD, Kingston, Jamaica, vol. 1). 3 pp.; docketed by Wagner as received 2 Aug. with the notation: “His protested bill.”

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:277, 480–81, 607.

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