Title: To James Madison from Sylvanus Bourne, 20 April 1802 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

20 April 1802, Amsterdam. Acknowledges JM’s letter of 25 Jan., to which he would have replied before this had not the “distressing situation” of his family rendered him almost incapable of attending to business. “It is, About three weeks that Mrs Bourne (in consequence of child bearing) has been entirely deprived of her reason & suffered under the most violent fits of delirium. She still remains in the same afflicting situation—which I hope by the blessing of Heaven may soon take a favorable change when I shall specifically attend to the Object of yr requests, & transmit you the Reply.”

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

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:417–18.

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


Title: To James Madison from Daniel Clark, 20 April 1802 (Abstract)
From: Clark, Daniel
To: Madison, James

20 April 1802, Philadelphia. “I have received your Letter of the 18th. ulto. [not found] with the Commission inclosed in it, and in consequence of your directions transmit you the Bond required for the performance of my duty as Consul. Immediately after my arrival at New Orleans I shall have the Honor of addressing you on the Subjects recommended to me and will exert myself to the utmost to be of service in that Quarter.”

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

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


Title: To James Madison from Unite Dodge, 20 April 1802 (Abstract)
From: Dodge, Unite
To: Madison, James

20 April 1802, Cap Français. Informs JM that Lear left 17 Apr. for Baltimore on the ship Ardent, Captain Groom. “Previous to Colol. Lear’s departure he favoured me with a promotion to perform the duties of the office, in his absence—as far as relates to Certificates, Protests &ca for American citizens, which I shall perform to the best of my abilities.” Captains Rodgers and Davidson are still imprisoned “without any prospect of relief by Trial or otherwise”; only Lear can provide complete and accurate details. “The same unfriendly disposition manifested from the arrival of the Fleet, still continues.… The port of St. Domingo is open to our Vessels from this date—the same as this & port republican.” In a postscript dated 30 Apr., adds with “inexpressible pleasure” that “Capt. Rogers is the Bearer of this—he was released together with Capt. Davidson on the 28th. Inst.”

   RC (DNA: RG 59, CD, Cap Haitien, vol. 4). 3 pp.; marked “Duplicate.” Docketed by Brent as received 24 May.

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


Title: From James Madison to Caleb Strong, 21 April 1802
From: Madison, James
To: Strong, Caleb

Sir,
Department of State April 21. 1802.
I have been honored with you[r] letter of March 10. inclosing a Resolution of the Legislature of Massachusetts relating first to a survey of the boundary between that commonwealth, and the British Provinces of New Brunswick & lower Canada; & secondly to a definition of the jurisdiction of certain Islands in or near the Bay of Passa-maquody.
The latter subject had been so far anticipated by instructions of the 28th. of July last, to the Minister Plenipotentiary of the United States at London, as to be brought to the attention of the British Government. And Mr. King will be authorised & instructed to take the further steps necessary for accomplishing the object in view.
The other object of the Resolution will receive from the President all the attention which is due to it & to the wishes of the Legislature of Massachusetts thereon. With perfect respect and consideration, I have the honor to be Your most Obedient servant.

   RC (M-Ar). In a clerk’s hand. Signature clipped.

   Letter not found.

   Resolution 132 of the Massachusetts General Court, dated 10 Mar. 1802, requested the governor to apply to the U.S. government for the appointment of commissioners to fix the boundary between Maine and New Brunswick “by actual survey,” using “fixed monuments,” and to ascertain the jurisdiction of the islands in and near Passamaquoddy Bay (Resolves, &c., of the General Court of Massachusetts [Boston, 1802; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols. to date; New York, 1958—). 2626], pp. 72–73).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:484.


Title: To James Madison from Peder Blicherolsen, 21 April 1802
From: Blicherolsen, Peder
To: Madison, James

Sir
Philadelphia April 21st. 1802.
Without allowing myself to make reflexions upon any one law of the United States, howsoever prejudicial and hurtfull its effects might appear to me, with respect to generally acknowledged principles—and far from any intention of even troubling this government with complaints in cases where Danish subjects are found guilty of having acted in opposition to such laws, I think it my duty in the present case of Mr. Robert Cuming, who is innocently and cruelly suffering under a malicious et vexatious misapplication of the law, that prohibits the equipment of Vessels for the Slavetrade in the ports of the United States, to call for justice and protection.
A mere perusal of the documents which Mr. Cuming will have the honour to lay before You, Sir, stating the strange usage, he has labored under for several months at New-York, will, I am sure, cause You as much indignation and compassion as it has me. He is a worthy Danish subject, and he is unlawfully prosecuted in this country in a manner equally ruinous to his health and fortune: both these circumstances entitle him to the particular protection of a government, the justice of which is generally acknowledged, and who cannot but be acquainted with the liberal and friendly treatment, which all Americains and american concerns constantly meet with even in a perspicuous manner in His Danish Majesty’s Dominions. I allways understood from the private conversations You have honoured me with, that a strict reciprocity was and would be the general regulator of the measures and dealings of this Government towards foreign nations.
I repeat Sir, that I shall never allow myself to make observations on any existing law of the country: I shall as much as it lies in my power take care, that my country-men shall be properly informed and warned at their arrival, in order to prevent involontary contraventions. However, as the aforementioned law, from the vexations Mr Cuming has of late so undeservedly sustained, seems apt to prove in the hands of either ill-intentioned or t[h]rough their fanatical errors mislead people, a very easy and dangerous instrument of persecution, I hope You will not look upon it as being altogether inconsistant with the competence of my office, if I take the liberty to represent to You Sir, how desirable it would be to devise on some means to check this pernicious tendency of that law, in as far as the consequences of a similar attempt might be experienced by some other Dane, to whom it would perhaps be as difficult afterwards to secure a reparation adequate to the injury sustained, as it may be now to indemnify Mr. Cuming, whose very considerable losses in more than one respect cannot easily be calculated. I have the honor to be with very great respect Sir Your most obedient and humble servant
Blicherolsen

   RC (DNA: RG 59, NFL, Denmark, vol. 1). Docketed by Brent.

   “An Act to prohibit the carrying on the Slave Trade from the United States to any foreign place or country,” 22 Mar. 1794 (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:347–49).

   On 7 Jan. 1802 the New York surveyor of customs seized the Young Ralph, owned by Robert Cummings, filing suit for the ship’s condemnation because it had allegedly been fitted out for the slave trade in violation of section 1 of the 1794 Slave Trade Act. Cummings claimed that the ship was outfitted for the slave trade when he bought it and that he was sailing for Senegal for a cargo of gum and not slaves. Edward Livingston prosecuted the case for the U.S.; Alexander Hamilton acted for the defense. On 19 Mar. the court found for the defendant and the case was dismissed. Livingston immediately appealed, and the appeal worked its way through the courts until it was dismissed on 18 July 1805 (Julius Goebel, Jr., et al., eds., The Law Practice of Alexander Hamilton: Documents and Commentary [5 vols.; New York, 1964–81], 2:847–49).


Title: To James Madison from James Lyon and Richard Dinmore, 21 April 1802
From: Lyon, James,Dinmore, Richard
To: Madison, James

Washington 21 April 1802
The editors of the American Literary Advertiser, James Lyon and Richard Dinmore, present their respects to Mr. Madison; and request of him, to take into consideration, the propriety of making their paper, an organ through which to convey to the public, the laws of Congress. They beleive it has been customary, to publish the laws, in two papers at the seat of Government, and therefore hope, that when the Secretary of State considers, 1st that the plan of the paper is such, that a copy of it, will be delivered, to every printer and book-seller in the United States; and that 2ndly. it is expressly designed to disseminate correct information, and to refute the calumnies against the government, which they have been compelled to bear, unnoticed in this district for more than a year, he will be convinced, that the merit of the institution, entitles it, to the patronage requested. It may be objected that the number of Copies issued as yet, is but inconsiderable, and that the paper is issued but once a Week—but they expect the allowance for the insertion of the laws, will be proportionate, to the numbers printed, and they pledge themselves immediately upon the granting their request, to issue their paper twice a Week.

   RC (DLC).

   Lyon and Dinmore’s American Literary Advertiser was published weekly from 27 Mar. 1802 until 20 Mar. 1804. There is no evidence that JM arranged for them to publish the laws of the U.S. (Brigham, History and Bibliography of American Newspapers, 1:98).


Title: To James Madison from Charles D. Coxe, 21 April 1802 (Abstract)
From: Coxe, Charles D.
To: Madison, James

21 April 1802, Philadelphia. “I am extremely sorry that in consequence of several untoward and unforeseen accidents which have interven’d since the acceptance of my commission, I am at this late period under the disagreable necessity of returning it.… The total loss of a considerable sum at Cap François, in consequence of the recent burning of that place, and the privation (by Congress) of a considerable amount of Drawbacks, which I conceived myself as justly entitled to; has so entirely deprived me of the means of supporting myself at so unprofitable a post as Dunkirk, that I am induced to hope you will do me the justice to believe this step of mine is taken in consequence of imperious necessity as Mr. Appleton who will deliver you this, can more particularly inform you.”

   RC (DNA: RG 59, ML). 1 p.


Title: To James Madison from Edward Stevens, 21 April 1802 (Abstract)
From: Stevens, Edward
To: Madison, James

21 April 1802, Philadelphia. Has received JM’s letter of 17 Apr. and is obliged for JM’s attention to his claim. Is well aware of the difficulties arising from the lack of official documentation, but “the several Sums I have charged were actually expended in the public Service, from a Firm Persuasion that they would be reimbursed, and I thought myself authorised by my verbal Instructions to incur these Expences.” Trusts they will be accepted on the “Principle of Equity.” Has authorized his friend Dr. Thornton to present the claim to the Treasury Department on his behalf. Requests JM to assist Thornton with “any other Formalities that it may be necessary to comply with.” Introduces the bearer, Robert Cummings, “a respectable Merchant of the Island of St: Croix, who goes to Washington on Business with the Government of the U. States.”

   RC (DLC). 2 pp.


Title: To James Madison from William Jones, 22 April 1802 (Abstract)
From: Jones, William
To: Madison, James

22 April 1802, Philadelphia. Writes on behalf of some of his mercantile friends of Philadelphia who wish to recommend Isaac Cushing, “a citizen of the United States and resident merchant and partner in a very respectable House in Marseilles,” for the office of commercial agent at that city. Notes that because Cathalan is a French citizen, his “holding of the office of a foreign Consulate … is incompatible with the regulations of french Government.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Cushing”). 2 pp.; docketed by Jefferson.

   JM also received a letter recommending Cushing from Lucas Elmendorf, 28 Apr. 1802 (ibid.; 1 p.). Cushing was “a Native of Massachusets related to Judge Cushing’s family at S[c]ituate,” who was a partner in the firm Samadet & Cushing located at Marseilles (John Codman to William Eustis, 15 Apr. 1802 [ibid.]).


Title: To James Madison from William Kirkpatrick, 22 April 1802 (Abstract)
From: Kirkpatrick, William
To: Madison, James

22 April 1802, Málaga. Transmits duplicate of his letter of 9 Feb. Reports arrival of Enterprize and its departure for Malta. Essex continues to blockade Tripolitan cruiser at Gibraltar. Has received information that Philadelphia had arrived at Leghorn to convoy ships to Marseilles, Barcelona, Alicante, and Málaga. Plague has broken out at Oran, Arzew, and Er Rif; ships arriving from those places are turned away without communication. Good health prevails “in this City, and the Adjacent Country.” Quarantine law continues unchanged “since the regulation mentioned in my last”: those ships with a bill of health signed by the Spanish consul in the originating port are allowed entry; others are “kept in Observation” ten to twenty days.

   RC (DNA: RG 59, CD, Málaga, vol. 1). 2 pp. An extract regarding the status of the quarantine law appeared in the National Intelligencer on 16 July 1802.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:452.

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


Title: From James Madison to Peder Blicherolsen, 23 April 1802
From: Madison, James
To: Blicherolsen, Peder

Sir
Department of State April 23d. 1802
Your letter of the 12th inst. preceded by that of January 16th has been duly received. The case of the Mercator, which is the subject of both, having been referred with many other subjects to the Attorney General, some time elapsed before I could avail myself of the benefit of his observations, and as an apology for the subsequent delay, I must ask you to accept the pressure of business incident to the present Season, with some adventitious circumstrances [sic], which have contributed to the same effect.
According to the usual course, injuries committed on aliens as well as citizens, ought to be carried in the first instance at least, before the tribunals to which the aggressors are responsible; in these the facts can be best investigated, and the points on which the question depends, be most fully brought into view. In the case of the Mercator, it is the more proper, that this course should be pursued, as the circumstances stated in the documents give so imperfect a view of it. Notwithstanding the absence of Captain Maley a resort of this kind can be effected by proper instructions to an Attorney of the United States, which will be given as soon as you shall be pleased to signify the district in which you wish the judicial proceeding to be instituted.
In the mean time, as it may be made an eventual question, distinct from the conduct of Captain Maley, how far the capture of the Mercator, whilst in the custody of the American prize-master and flag, by a British armed ship the General Simcoe, ought to make the United States rather than Great Britain, liable to the Danish claimants, the most candid consideration will be given to whatever observations you may please to make, with a view to shew that under such circumstances, the law and usage of nations justify the pursuit of redress against the United States, instead of the positive authors of the injury. By that law and the usage authorized by it, the decisions of the President will be scrupulously guided. &c. &c. Accept, Sir, the sincere esteem and consideration With which I have the honor to be &c
(signed)   James Madison

   Tr (DNA: RG 46, Transcribed Reports and Communications from the Executive, vol. 4). Marked “(Extract).” Enclosed in JM to the Senate, 30 Mar. 1810 (PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (2 vols. to date; Charlottesville, Va., 1984—)., 2:292).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:400–401.

   For Levi Lincoln’s opinion in the case of the Mercator, see his letter to JM of 11 Mar. 1802.


Title: To James Madison from William C. C. Claiborne, 24 April 1802 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

24 April 1802, Natchez. On 18 Apr. received JM’s letter of 22 Feb. enclosing Dr. David Lattimore’s commission as a member of the legislative council of the Mississippi Territory; Lattimore, who has accepted the appointment, “unites to pure Republicanism, handsome Talents & an Honest Heart.” The “utmost harmony” exists between Americans and Spaniards at New Orleans. Supports the president’s proposal for a hospital at New Orleans, as Americans “often descend the Mississippi, at an unhealthy Season of the year, and many lives are lost at Orleans, for the want of attendance & comfortable Lodgings.” Believes the “difficulty & expence of procuring” deckhands for the voyage down the Mississippi River to New Orleans would “in a great measure, be remedied by the establishment of a convenient Hospital at Orleans, for the reception of Sick and disabled Americans.”

   Letterbook copy (Ms-Ar: Claiborne Executive Journal). 2 pp. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:89–90.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:482.

   On 24 Feb. 1802 President Jefferson sent to Congress “information respecting the situation of our seamen and boatmen frequenting the port of New Orleans, and suffering there from sickness and the want of accommodation.” He suggested Congress might want to make “hospital provisions” at that port for U.S. seamen (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 1st sess., 191).


Title: To James Madison from James Leander Cathcart, 25 April 1802 (Abstract)
From: Cathcart, James Leander
To: Madison, James

25 April 1802, Leghorn. No. 4. “The enclosed extracts from my correspondence & Mr. Eatons dispatches will inform you of our actual position, every thing seems to be in a train to promise apparently a satisfactory conclusion to this war which I assure you envolves serious consequences ’tho visibly it is of little moment. I have before observed that Tunis and Algiers have their eyes fix’d on Tripoli to know how far their depredations will be tollerated; & you may depend Sir the manner we conclude with that Regency will be the criterion from which the other Regencys will take precedent & example.”

   RC and enclosure (DNA: RG 59, CD, Tripoli, vol. 2). RC 1 p. Cathcart enclosed extracts (3 pp.) from two letters to him from Nissen, 15 Jan. and 3 Feb. 1802, the first reporting the intention of the Spanish consul at Tripoli to purchase “a swift sailing brig of ten guns” from the pasha to serve as a packet between Spain and Tripoli, “which will facilitate our communications.” In his 3 Feb. letter Nissen added that the pasha “has made the Spanish Consul a present of the Brig”; he also wrote that “Spain means to make a brilliant figure in Tripoli or at least their Consul at the expence of his Government,” that Tripoli was “nearly destitute of every sort of provisions,” and that the pasha’s brother had accepted the governorship of Derna. On the verso of the last page Cathcart wrote a note to JM, warning that if any of Nissen’s letters were published his name should be omitted to avoid “doing him an injury” and adding: “DeSouza the present Spanish Consul … is notorious for being a creature of the Bashaws, he is an old man & has went to Tripoli to lay his bones in peace with his ancestors the moors. I cant say I should like to rise at the sound of the great trump encircled by Turks moors Arabs Renegades Jews & base perfidious christians who had sacrificed the honor & interest of their Nation to their own ease and emolument lest I might be over look’d in the crowd & risque being condemn’d to keep their company to all eternity which would be a hell indeed.”

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


Title: From James Madison to Thomas Jefferson, 26 April 1802
From: Madison, James
To: Jefferson, Thomas

Sir!City of Washington April 26th. 1802.
We have the Honor to enclose a copy of an Agreement enter’d into between the Commissioners of the United States and those of Georgia, in pursuance of the Act entitled “An Act supplemental to the Act entitled ’An Act for an amicable settlement of Limits, with the State of Georgia; and authorizing The Establishment of a Government in the Mississippi Territory. [’”]
The nature & Importance of the Transaction have induced the insertion of a clause, which renders it necessary that the Subject shou’d be communicated to Congress, during their present Session. We have the Honor ⟨to⟩ be very respectfully, Sir! Yr. Obt Servants

James Madison
(signd.)    Albert Gallatin
Levi Lincoln

   Tr and Tr of enclosure, two copies (DNA: RG 46, President’s Messages, 7A-E2; and DNA: RG 233, President’s Messages, 7A-D1). Another copy of the enclosure (OkTG), which was sent by the Georgia commissioners to Governor Tattnall, 24 Apr. 1802, is certified by JM as a “True Copy of the Original, remaining in the Office of the Department of State.”

   The enclosed agreement between the U.S. and Georgia, signed on 24 Apr. 1802 (4 pp.; printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Public Lands, 1:125–26), ended a year of serious negotiations between the three U.S. commissioners (JM, Gallatin, and Lincoln) and the three Georgia commissioners (James Jackson, Abraham Baldwin, and John Milledge). By its terms, Georgia ceded all claim to land west of the Chattahoochie River (the so-called Yazoo lands) upon the following conditions: that the U.S. pay Georgia $1,250,000 to cover expenses incurred by the latter; that persons settled within the ceded territory on 27 Oct. 1795 be confirmed in their land grants; that the ceded lands be considered a common fund for the benefit of the U.S. but that Congress might appropriate within one year up to five million acres or the proceeds thereof to satisfy other claims; that the U.S. extinguish all Indian claims to land within the state of Georgia; and that the ceded territory be admitted as a state whenever it fulfilled the conditions of U.S. law. The U.S. accepted the conditions of the cession and agreed to relinquish any claim or title to lands within the state of Georgia. Georgia ratified the agreement on 16 June 1802 (Josiah Tattnall, Jr., to JM, 18 June 1802). Evidence indicates that Gallatin took the leading role among the U.S. commissioners in drawing up the agreement, although the political fallout from it dogged JM throughout his subsequent career (see Gallatin’s notes on agreement with Georgia commissioners, April 1802, and James Jackson to Gallatin, 22, 23 [four letters], and 24 Apr. 1802, in Papers of Gallatin [microfilm ed.], reel 7).

   This act was signed into law 10 May 1800 (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:69–70).

   Jefferson submitted this letter and the articles of agreement to Congress on 26 Apr. 1802 (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Public Lands, 1:125).


Title: Memorandum from Theodorus Bailey, 27 April 1802
From: Bailey, Theodorus
To: Madison, James

Tuesday Morng. 27. April 1802.

Enquiries at the Office of Secretary of State.
How much did it cost under the late Administration to pay Algiers for the years 1796–97 & –98?
How much was paid by the present Administn. to the same, for the years 1799–1800 & 1801?
Mr: Bailey will be under obligations to the Honorable Mr. Madison if he will favor him with answers to the queries above stated.

   RC (DLC).


Title: To James Madison from Albert Gallatin, 28 April 1802
From: Gallatin, Albert
To: Madison, James

Sir,Treasury Department April 28th. 1802.
Amongst the claims laid by Mr. Pichon, under the convention with France, there are three which have been suspended, and on which your opinion is requested.
1st. He claims the “Magicienne,” formerly “Retaliation,” Francis Lagaux, Commander, taken by the Merrimack, condemned at Philadelphia, on 29th. November 1799. This vessel is not in the list furnished by the Navy Department, and certified by you, in as much as she was condemned before the treaty, and probably no appeal entered. But he claims her as a public vessel. The best proof of that fact must be derived from the papers of the vessel, & these it is presumable may be obtained by application to the court.
2d. He also claims one half of a sum of money, about 5,000 dollars taken on board the Berceau; the other half, which was the share of Government having been already paid to him by your order. The date of the condemnation of the Berceau, is necessary, as, although she was restored under the convention, as a public vessel, the money is not embraced by that clause of the Treaty relating to the restoration of public vessels; but comes under the article of vessels and property not condemned when the convention was signed: and I have stated to Mr Pichon, that, at all events, the money advanced to the prisoners, beyond the usual allowance, and which Mr. Letombe had engaged to repay, ought to be deducted from the money now claimed.
3d. He claims 7,213 dollars and 24 cents, proceeds of sales of the cargo of “L’Heureux,” which money was libelled in the District Court of Massachusets, and remains uncondemned for want of proof. In that case it does not seem necessary that the money should be paid from the Treasury; and I would beg leave to suggest the propriety of writing to the district attorney of that State, in order that he may obtain an order from the court for the disposal of the money. The convention being now law, and the money not being condemned, it is to be expected that the court will direct its repayment to the claimants whenever they shall appear.

The Navy Department may probably give further information on those three points if it shall be wanted, in order to enable you to form your opinion. I have the honor to be very respectfully Sir, Your Obedt. Servt.
Albert Gallatin

   RC (DLC: Gallatin Papers). In a clerk’s hand, signed by Gallatin; docketed by Brent. Filed with the RC is a page containing additional information on the three cases discussed by Gallatin; the page is written in two unidentified hands, the second of which is indicated below by italics (see nn. 1, 3, and 4).

   The accompanying page notes: “In the case of the Magicien—She was condemned in the District Court of Pennsa in Novr 1799—sold by the Marshall of that District for 3500 Dollars—the nett proceeds 3285.20 were paid into the Treasury & the whole sum has been vested in stock of the funded debt of the U: S: on account of the fund for Navy Pensions &c. under the Acts of 2 March 1799 & 23rd Apl. 1800—This was a National Vessel.”

   For Pichon’s demand and JM’s response, see Pichon to JM, 17 May 1801, and JM to Pichon, 12 June 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:192, 305–7).

   The accompanying page notes: “In the case of the Berceau. Money taken on board 5172–92—one half of which has been paid to Mr. Giraud by Mr. Brown—condemned December 8th 1800.”

   The accompanying page notes: “In the case of the Heureux Captur’d April 2nd 1800. A small vessel with Coffee—sold at Cape Francois for 7213–25—deposited in Court in specie—This case is still in Court undecided for want of Proof—Capt. Little having put all the people belonging to the sloop on shore at Cape Francois & no Claimant has appeared. The vessel sank, being old & leaky.”


Title: From James Madison to William Savage, 29 April 1802
From: Madison, James
To: Savage, William

Sir.Department of State. April 29th. 1802.
Your two Letters of the 20th. and 25th. January last have been received, and the two Bills which you draw upon me on those days, the first in favor of James Martin for fifteen hundred and Eighty Eight Dollars and thirty Cents, and the other for fifteen hundred Dollars in favor of Elliston and John Perott, have been accepted. But the acceptance is not to be understood as having reference to a compensation of any sort, for I am not authorized to hold it out to you, over and above the ordinary Commissions of your agency in the West Indies. I am respectfully &c.
James Madison.

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

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:415, 464.


Title: To James Madison from Bird, Savage, and Bird, 29 April 1802
From: Bird, Savage, and Bird
To: Madison, James

Sir,London 29th. April 1802.
Inclos’d we send you dupe. of our last respects of 22d. Ulto. The Arms having been shipp’d on board the Medusa frigate, by order of His Excellency Rufus King we made the following insurance on them, vizt. £5⟨810⟩. valued at the amount of the cost of the Arms by the Medusa frigate to Gibraltar & at and from thence by ⟨any⟩ American Ship of War to Tunis ⟨at 2½⟩ ⅌ Ct., duty £10. making £137.⟨0.2⟩ to the debit of the Barbary fund. We have already appriz’d you of the various advances we had been induced to make at the request of Mr. King beyond the funds in hand, in doing which we have deviated from the Secretary of the Treasury’s positive instructions. Mr. King lately call’d on us to make a payment to Mr. Lenox of £800. to be charg’d to the fund for the relief of Seamen. As this wou’d have been a further deviation from our instructions, there being only £260.1.9 remaining on this accot, we propos’d to pay that Amount, but stated that circumstanced as we were as agents bound to act by positive instructions we cou’d not see how we could further deviate from till we should receive answers from you & the Secretary of the Treasury to our letters requiring special instructions on this point.
As the former instructions were so positive, we felt ourselves plac’d in a situation of peculiar delicacy & responsibility for having deviated from them, & as we ⟨knew⟩ that our letters of 13th. Jany. to you & the Secretary of the Treasury had got out, we deem’d it most proper to suspend any further deviation till we shou’d receive your answers, & have paid Mr. Lenox only £250. which he preferr’d to receiving the precise balance.
We are the more anxious for your answer to our letters & for such remittances owing to the state of all the accts. which is as follows.

Diplomatic fund, balance

£ ⟨19⟩.19.9

Payments to be made in May for Mr. King’s and Mr. Munro’s salaries
£ ⟨376.5.4⟩

British treaty fund balance due from us

£ ⟨593⟩. 5.1
Payments to be made in May for Mr. Pinckney’s & Mr. Trumbull’s salaries
£7⟨30⟩.—.—

Prize cause fund———balanc’d

Barbary treaty fund balance due to us (including an engagement to pay Mawhood & Co. £766.15.4)

£⟨3149. 1.2⟩
Suspence acct. due to us for payments to Arrowsmith Fader & Butterworth for Maps & Books

£ ⟨200⟩. 6.6

By this statement it appears that the balance due to us on all the accounts in the Month of May will amount to £4102.7.5 without any provision for the large demands of the Proctors for prosecuting prize ⟨Offers⟩.
We request your early attention to this statemnt & to a ⟨plan⟩ for the further payments which will be falling due in the subsequent Months & we are with great respect Sir Your most obedient Servan⟨ts⟩
Bird Savage & Bird

   RC (DNA: RG 59, Letters Received from London Bankers, Illegible Press Copies). RC is a letterpress copy, marked “Origl. ⅌ William; via New York / (Copy).” Angle brackets enclose words and numbers blurred in RC and supplied by conjecture. Docketed by Brent.

   Letter not found.

   Albert Gallatin to Bird, Savage, and Bird, 13 Aug. 1801 (Papers of Gallatin [microfilm ed.], reel 5).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:392–93.


Title: To James Madison from Sylvanus Bourne, 29 April 1802 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

29 April 1802, Amsterdam. Regrets that the situation of his family, an account of which was given in his last letter, still prevents him from attending to JM’s request. Apologizes for apparent neglect of his duties.

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

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


Title: To James Madison from Peter Stirling, 29 April 1802 (Abstract)
From: Stirling, Peter
To: Madison, James

29 April 1802, Barcelona. “It is Publickly Said here, and I observe the Board of Health begin to take measures, for avoyding an introduction in this Country, of a Pestilential, Epidemical, Disorder, that has of late broke out, and rages in Oran, on the Barbary Shore. Said Board of Health is officially informed, of that reigning malady there, that it dayly Sweeps, great numbers of People off. The Summer Season coming on is much to be dreaded. In this Country Health is enjoyed as fully as ever.”

   RC (DNA: RG 59, CD, Barcelona, vol. 1). 1 p.; marked “Copy.” In a brief note to JM also dated 29 Apr. 1802 (ibid.; filed at the end of 1802), Stirling enclosed a copy (misdated 1802) of his 19 Dec. 1801 dispatch.

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


Title: From James Madison to Rufus King, 30 April 1802
From: Madison, James
To: King, Rufus

Sir,Department of State April 30th. 1802
I enclose a protest by Capt. Newell of the American Schooner Sea Flower, which shews that the habits of the British Commanders in impressing our Seamen have not ended even with the State of War which was made a pretext for the outrage. The spirit lately manifested by the British Government, and which the Government here is sincerely desirous to meet and to cultivate justifies our confidence, that your representation on the subject will have its due effect. That Government cannot be made too sensible of the tendency of such flagrant abuses of power to exasperate the feelings of this Country; nor be too much prepared for the reformation on this subject which will doubtless be insisted on by this Country, in case of a renewal of the war, or whenever another war shall take place. With sentiments of great respect & esteem, I remain, Sir, Your most obt. servt.
James Madison

   RC (NjP); letterbook copy (DNA: RG 59, IM, vol. 6). RC in a clerk’s hand, signed by JM; docketed as received 1 July. King noted on the cover: “Wm. Munro & Lindsay Addison seamen on board the Sch. Sea Flower of Phil. Nichs Newell Master, impressed off antigua Mar 23d. 1802 by the Frigate Emerald—see Letter to L Hawkesbury, July 12. 1802.” Enclosure not found. King’s letter to Hawkesbury is printed in King, Life and Correspondence of Rufus King, 4:145–46.

   This was possibly the Nicholas Newell (d. 1809) who applied for the post of captain of the revenue cutter in Savannah, Georgia, and who later served in that capacity in Charleston, South Carolina (Newell to JM, 18 July 1806, and John Brickell to JM, 21 July 1806 [DNA: RG 59, LAR, 1801–9]; Boston Columbian Centinel, 24 June 1809).


Title: To James Madison from Jacob Wagner, 30 April 1802
From: Wagner, Jacob
To: Madison, James

Dear SirWashington 30 April 1802
The heavy oppression and gloom under which I am labouring and which I have no prospect of recovering from but by an entire exemption from business, accompanied with a change of scene, render it necessary, that I shou’d take my leave of your office. It is impossible for me to express to you the sensations with which this determination is made: they cannot be conceived but by those who have felt.
Permit me to tender my gratitude & thanks for your uniform kindness to me, and at the same time to request you to excuse any errors I may have committed in my official career. With perfect esteem & respect, I have the honor to be, Dr Sir, Your most obed. servt.
Jacob Wagner

   RC (ViU). In an unidentified hand, except for Wagner’s complimentary close and signature.

   JM refused to accept Wagner’s offer to resign. The Washington Federalist of 12 May 1802 reported that JM “with equal honor to himself and Mr. Wagner, declined accepting the resignation at this time; saying that as Mr. Wagner had brought on this ill health from his close attention to the duties of his office, he ought not to retire until his health was perfectly restored.” The editor went on to say, “We are happy to have it in our power to record this instance of liberality and politeness, as the present administration, has given so few examples of such conduct.”


Title: To James Madison from Rufus King, 30 April 1802 (Abstract)
From: King, Rufus
To: Madison, James

30 April 1802, London. No. 63. Reports ratification of definitive treaty and the proclamation of peace “with the accustomed formalities.” British begin to reduce army and navy, and the “warrants and orders to impress Seamen have been recalled.” Lenox has closed his agency and delivered his papers to Erving, as a special office for the relief of American seamen is now unnecessary. Sweden has acceded to the June 1801 convention between Great Britain and Russia; the latter considers the system of armed neutrality to be “completely annulled and abandoned; not only as a general code of maritime Law, but even in its more limited meaning of a specific Engagement between Russia and the other Confederates.” Merry rather than Jackson will be Liston’s successor as minister to the U.S.

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 3 pp.; marked duplicate; in a clerk’s hand, signed by King; docketed by Brent as received 30 June. Printed in King, Life and Correspondence of Rufus King, 4:112–13.

   David Lenox reported closing his office in his letter to JM, 20 May 1802.

   For the convention signed between Russia and Great Britain on 17 June 1801 to which Denmark and Sweden became signatories, see King to JM, 14 July 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:410–11, 412 n. 1).


Title: To James Madison from William Marshall and Others, 30 April 1802 (Abstract)
From: Marshall, William
To: Madison, James

30 April 1802, Charleston, South Carolina. Recommends Simon McIntosh, a Charleston lawyer, for the post of commissioner of bankruptcy.

   RC (DNA: RG 59, LAR, 1801–9, filed under “McIntosh”). 1 p. Signed by Marshall, Theodore Gaillard, O’Brien Smith, Paul Hamilton, and James D’Oyley. Docketed by Jefferson.

   This was probably the Simon McIntosh who was the son of Lachlan McIntosh (d. ca. 1789) of South Carolina. The father served in the General Assembly of that state (1776) and styled himself a “gentleman” of Charleston (Edgar et al., Biographical Directory of the South Carolina House of Representatives, 3:459).


Title: To James Madison from John Webb, 30 April 1802 (Abstract)
From: Webb, John
To: Madison, James

30 April 1802, Charleston. Sends JM a copy of his letter to Colhoun and a duplicate of the certificate enclosed in it, “as there is a probability Mr. Calhoun may not be in the City, on the Arrival of the Mail at Washington.” Asks JM to present these to the president if Colhoun is absent and if the proposed alteration in the appointment of commissioners of bankruptcy has taken place.

   RC and enclosures (DNA: RG 59, LAR, 1801–9, filed under “Webb”). RC 1 p.; docketed by Jefferson. Webb enclosed a certificate of recommendation signed by Thomas Bee and six others, 28 Apr. 1802 (1 p.), and a copy of his letter to Colhoun, 28 Apr. 1802 (2 pp.), explaining that he held an appointment as commissioner of bankruptcy under Judge Bee and asking to be continued in that office by Jefferson.

   This was probably the John Webb (1744–1807) who was a wealthy Charleston merchant (Edgar et al., Biographical Directory of the South Carolina House of Representatives, 3:756–57).

   John Ewing Colhoun (or Calhoun) (1750–1802), a cousin of John C. Calhoun, was a Princeton graduate and lawyer who fought under Gen. Andrew Pickens during the Revolutionary War. He served repeatedly in the South Carolina House of Representatives and in the state’s Privy Council. Colhoun was elected to the U.S. Senate in 1800 as a Republican but voted with the Federalists against the repeal of the Judiciary Act of 1801. He died in office (Harrison, Princetonians, 1769–1775, pp. 368–70).


Title: From James Madison to Albert Gallatin, 1 May 1802
From: Madison, James
To: Gallatin, Albert

Sir,Department of State, Washington May 1. 1802.
You will be pleased to cause a warrant to be issued in favor of John Davidson for four hundred and fifty three dollars and nine cents, to be paid out of the fund for defraying the expenses incident to the intercourse with the Mediterranean powers, he being the holder of a bill of Exchange for that sum, drawn upon me by James Leander Cathcart, the drawer to be charged with the same on the books of the Treasury. I have the honor &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14). JM similarly requested Gallatin to issue warrants for expenses incurred for Barbary affairs, State Department contingencies, the relief of U.S. seamen, and carrying out the provisions of the Jay treaty, the amounts of which ranged from $100 to $30,000. Those requests omitted from this volume—available on National Archives microfilm M-40—are dated 5, 8, 11, and 13 (three letters) May, 3, 4, 15, 22, and 23 June, 7, 13, 24, 29 (two letters), and 31 July, 9, 22, and 30 Aug., and 2 Sept. 1802.


Title: From James Madison to Richard Harrison, 1 May 1802
From: Madison, James
To: Harrison, Richard

SirDepartment of State Washington May 1: 1802.
The enclosed account is sent to you, that it may be settled at the Treasury. A reasonable compensation, to be ascertained by the Accounting Officers of that Department, is to be allowed to Capt. Wood, for the passages of the American seamen to this Country. Their sea stores were furnished at the public expense, by the Commercial Agent of the United States at Bordeaux before their departure from France—but the Captain is entitled to reimbursement for any additional supplies furnished, or extraordinary expenses incurred by him on their account. I am, Sir, respectfully &ca.
James Madison.

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

   The account of Capt. John Wood for transport on the Thames of American seamen stranded in European ports amounted to $533.07 (DNA: RG 217, First Auditor’s Accounts, no. 13,394). See also William Lee to JM, 18 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:479).


Title: From James Madison to Rufus King, 1 May 1802
From: Madison, James
To: King, Rufus

Sir,Department of State, May 1st. 1802
Your several letters to No 56 have been duly received. The Convention relating to the 6th and 7th articles of the Treaty of 1794 has at length received the sanction of the Senate, two members only dissenting, and is herewith forwarded to you under the necessary forms of ratification, to be exchanged for the British ratification. The delay in the Senate pretty certainly proceeded from circumstances little connected with the merits of the Convention. Altho’ provision might be made at the ensuing session of Congress in time for the first instalment due from the United States, the President has recommended an immediate appropriation for the object as a proper evidence of the disposition of our public Councils. The controversies incident to those articles being thus amicably and finally adjusted, it is hoped and expected that the Board under the 7th will now go on with alacrity in dispatching their business, as well for the satisfaction of the claimants, as for abridging expence to the public; and the President wishes you to quicken the progress in whatever way a spur can be properly applied.
Notwithstanding the obvious and important interest which this country has, in freeing its navigation from the ruinous disadvantage thrown on it by the countervailing regulations of Great Britain, such impressions have been made by perverted views of the subject, even on the classes of people more particularly interested in the carrying trade, that the patrons of the measure introduced into Congress, have concluded not to push it further at the present Session. The consequences will be that whatever conditional measures of justice may be taken by Great Britain will be without effect until another session of Congress; that in the mean time, if the war be not renewed, British ships will monopolize the exportation of our produce to British ports; and that besides the temporary loss, a lasting wound will be given to our navigation by throwing our ships for such a period out of employment. Should indeed your endeavours be successful in obtaining an immediate and unconditional removal of the discriminating duty on ships carrying Tobacco, the evil may be sensibly alleviated, both to those who cultivate that bulky article of freight, and to those who carry it to Great Britain.
We are fully aware of the tendency of the reported Cession of Louisiana, to plant in our neighbourhood troubles of different kinds, and to prepare the way for very serious events. It has accordingly been a primary object with the President to obviate such an arrangement.
Our intelligence of late date from St Domingo is that altho’ advantages have been gained by the French troops, the war is likely to be spun out beyond the first calculation. The conduct of the French commanders or of some of them, as well as of some of the American traders has been unfortunate for both. Mutual irritations and perplexities have been the fruit of it. And to increase the evil Le Clerc has just recalled in the most abrupt manner, from Mr. Lear, the permission granted him to exercise the functions of a Commercial Agent. He grounds the measure on a want of power, which he says he did not reflect on in the hurry of his arrival. But it is probable that certain calumnies and intrigues against Mr Lear, were at least mingled with the unadvised proceeding. As Mr. Lear’s conduct has unquestionably been the reverse of what Le Clerc supposed, it is possible that enquiry may lessen the mischief, but an impression will be an immediate effect, which cannot be at once removed. It was for a considerable time the purpose of Admiral Villaret to call at some of our ports: but he has sailed with 8 or 10 ships for France, and it is now said that the Batavian Fleet of 6 or 8 ships will come into the Chesepeake. There has been no report here, that a British fleet from the West Indies would make a like visit.
I have received thro’ Mr Chase a few days ago the copy of a law lately passed by Maryland, which he requests might be got to your hands as soon as possible. You are sufficiently apprized of the anxiety which is felt in relation to the Bank stock which is the subject of it. It is a matter of considerable importance to the State, and I hope from your last information, it will soon be terminated to its satisfaction.
In consequence of a representation lately made by Mr. Pinckney and Mr Gore on the subject of an assessor to the Board, and of the advantage expected from the experience of Mr Cabot in that Station, the President has agreed to allow him as an inducement to return to it, the annual sum of $1500; on condition that such an allowance be not objected to by the British members of the Board. The information has been transmitted to Mr Cabot but his answer is not yet received. Congress will adjourn on Monday. With sentiments of great respect & Esteem, I remain, Sir your most Obt Sert.
James Madison
I am this moment informed of the passage of the Bill making provision for paying the instalments stipulated in the late Convention.

   RC (NjMoHP); letterbook copy (DNA: RG 59, IM, vol. 6). RC in a clerk’s hand, except for JM’s signature and postscript; docketed as received 1 July. Enclosures not found.

   King to JM, 8 Mar. 1802.

   JM referred to a law passed by the Maryland legislature on 31 Dec. 1801 that authorized King to accept the Maryland bank stock in his own name, allowed Samuel Chase 4 percent of the amount retrieved for the state and 4 percent of any uninvested dividends, and instructed Chase on the method of disposition of the stock should it in fact be awarded to the state (Radoff, The Bank Stock Papers, no. 5 of Calendar of Maryland State Papers [Annapolis, 1947], p. 24).

   The bill “making an appropriation for carrying into effect the Convention” between the U.S. and Great Britain passed the House of Representatives on 29 Apr. It passed the Senate on 3 May and was signed into law the same day (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 1st sess., 303, 1253; U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:192).


Title: From James Madison to Robert R. Livingston, 1 May 1802
From: Madison, James
To: Livingston, Robert R.

Sir,Department of State Washington, May 1st. 1802
My last of which a duplicate is now sent, was of the twenty sixth day of March. I have since received yours not then acknowledged including the Dispatch of Feby 26 which came to hand two days ago.
The conduct of the French Government in paying so little attention to its obligations under the Treaty, in neglecting its debts to our citizens, in giving no answers to your complaints and expostulations, which you say is the case with those of other foreign Ministers also, and particularly in its reserve as to Louisiana, which tacitly contradicts the language first held to you by the Minister of Foreign Relations, gives tokens as little auspicious to the true interests of France herself, as to the Rights and the just objects of the United States. We have the better ground to complain of this conduct, as it is so much at variance with the example given by the Government here. The appropriation was no sooner carried thro’ the Legislative forms, than the settlement of French claims under the Treaty commenced; and with the advantage of every facility that could be afforded on our part in ascertaining them; And as Mr Pichon was authorized to receive those due to individuals not applying, the whole amount has been already discharged, excepting in a very few cases which may require further examination. The claims were liquidated according to the nett proceeds of the sales, as heretofore intimated to you, altho’ it is still believed that restitution according to the gross amount or value at the time of capture, not only would be more favourable to the United States but more just in itself. The payment to Mr Pichon without a special Power from the claimants was by no means the choice of the President, but was so much pressed, as a test of the disposition of this Country towards the French Republic at a critical moment, that it could not be properly refused. The sum received by him is $140,841–25 Cents. That paid to individuals is $74,667–41.
It is proper to observe to you that in all cases where sales were made by the American Captors prior to the date of the Convention, without the trial and condemnation requisite, we have admitted the title to restitution without regarding the lapse of time between the capture and the Convention, or making a question how far cases of that description were within the contemplation of the instrument. You will of course avail yourself of this proceeding on the part of the United States to inforce a correspondent rule in their favour, in case a different one should be contended for by the French Government. You will not fail to insist also, if occasion should require, that in cases where the time allowed for appeals, had not run out at the date of the Convention, it could not be necessary for the claimants afterwards to enter appeals. The Convention by recognizing all claims not barred by final condemnation at its date, evidently rescued them from all further subjection to judicial investigation.
The Cession of Louisiana to France becomes daily more and more a source of painful apprehensions. Notwithstanding the Treaty of March 1801, and notwithstanding the general belief in France on the subject, and the accounts from St Domingo that part of the armament sent to that island were eventually destined for Louisiana, a hope was still drawn from your early conversations with Mr Talleyrand that the French Government did not mean to pursue the object. Since the receipt of your last communications, no hope remains but from the accumulating difficulties of going thro’ with the undertaking, and from the conviction you may be able to impress, that it must have an instant and powerful effect in changing the relations between France and the United States. The change is obvious, and the more it can be developed in candid and friendly appeals to the reflections of the French Government, the more it will urge it to revise and abandon the project. A mere neighbourhood could not be friendly to the harmony which both countries have so much an interest in cherishing: but if a possession of the mouth of the Mississippi is to be added to other causes of discord, the worst events are to be apprehended. You will consequently spare no efforts that will consist with prudence and dignity, to lead the Councils of France to proper views of this subject, and to an abandonment of her present purpose. You will also pursue by prudent means the enquiry into the extent of the Cession, particularly whether it includes the Floridas as well as New Orleans; and endeavour to ascertain the price at which these, if included in the Cession, would be yielded to the United States. I cannot in the present state of things be more particular on this head, than to observe that in every view it would be a most precious acquisition, and that as far as the terms could be satisfied by charging on the acquisition itself, the restitutions, and other debts to american Citizens, great liberality would doubtless be indulged by this Government. The President wishes you to devote every attention to this object, and to be frequent and particular in your communications relating to it.
According to the latest accounts from St Domingo the French troops had been considerably successful in dispersing the Blacks, but it is uncertain how long the War there may be protracted by the irregular enterprizes of the latter, and by the advantages they derive from the climate. You will have found from the Newspapers, that much irritation and perplexity were the consequence of ill conduct on the part of the French Commander, on his arrival, met as we learn from Mr Lear, by a conduct not less blameable on the part of the Americans trading there. To the other errors of General Le Clerc he has lately revoked the permission given to Mr Lear to exercise the functions of Commercial Agent, alleging for a reason that he had no authority for granting the permission, and had inconsiderately taken the step in the hurry of his arrival. He acknowledged at the same time, that he had been led to consider Mr Lear as rendered justly obnoxious to him by throwing discredit on his Bills, and promoting irritations between the French and the Americans. In this view of Mr Lears conduct Le Clerc must have been grossly misled by calumnies and intrigues, for the conduct of Mr Lear has been in every respect highly meritorious, for the prudence, the moderation, the candor and conciliatory tone of it. Of this Le Clerc may be expected to be by degrees satisfied, as Mr Pichon already is; and so far the evil may be mitigated; but with various other circumstances connected with the transactions at St Domingo, it has been unfavourable to the kind sensations which it has been our endeavour to cherish. You will remark also in the Newspapers that the idea of a visit from the French fleet, and of pecuniary succours from the Government of the United States, has excited not a little sensibility in some quarters of the Union. It was at one time the purpose of Admiral Villaret to come to this Country with part of his fleet, and as it was feared that he would come without money or credit to obtain supplies for even the first wants, it was anticipated that applications would be made for a Loan in some form or other from the Government of the United States. The fleet however has not arrived and is understood not to be coming, and no application has in fact been made for pecuniary facilities, other than that of purchasing for purposes of the United States in Europe, bills drawn on the French Government; which application was rejected for reasons sufficiently obvious. It is now said that the Batavian part of the fleet is destined to the Chesepeake and will probably arrive in a few days.
Congress will probably adjourn on Monday. For an account of their proceedings and other domestic occurences, I refer you to the printed papers herewith sent. With sentiments of great respect &c &c.
James Madison
P S. I have communicated to the President your wish to make a visit to England, and have the pleasure to inform you of his consent. He leaves the time and the duration of your absence to your own judgment, assuring himself that both will be in due subordination to the important duties of your station.

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

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:492–94.

   For the law authorizing this appropriation, see Pichon to JM, 14 Apr. 1802, and n. 1.

   Article 4 of the Convention of 1800 states, “Property captured, and not yet definitively condemned, or which may be captured before the exchange of ratifications … shall be mutually restored” on the showing of valid proof of ownership (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:459).

   See, for example, the criticism of the Jefferson administration in the Washington Federalist, 23 Apr. 1802, and the Gazette of the U.S., 20 Apr. 1802.


Title: From James Madison to Robert R. Livingston, 1 May 1802
From: Madison, James
To: Livingston, Robert R.

private
Dear SirWashington May 1. 1802
You will receive by Mr. Dupont herewith a public letter on th⟨ose⟩ subjects most important in your hands. You will receive at the same time a private letter from the President in which he refers for fuller communications than he gives on the subject of Louisiana & the Floridas. I have thought it best however not to go as far into certain views of the subject as he has done, because they are in fact more proper for a private than public letter & because also it is impossible to strengthen what he has said. I might add, if these reasons were less satisfactory, that my short notice of the time of Mr. Dupont’s departure, and the necessity of writing some important letters to others in the same hurry, would have obliged me to be somewhat concise. I drop this line merely to explain the variance between the Presidt’s. private & my public letter, availing myself also of the occasion to assure you of the great regard & esteem with which I am Dear Sir Yours
James Madison

   RC (NNMus). Docketed by Livingston.

   In this famous and much quoted letter, Jefferson spelled out in detail the course he wished Livingston to pursue in his negotiations with France over Louisiana. The retrocession of Louisiana and the Floridas to France, the president wrote, “compleatly reverses all the political relations of the U.S. and will form a new epoch in our political course.” Because of its strategic economic value, New Orleans was the “one single spot, the possessor of which is our natural and habitual enemy.” Spain might have held it without trouble for years, but the “day that France takes possession of N. Orleans … we must marry ourselves to the British fleet and nation.” Conflict, though much to be deplored, was inevitable, and this should be pointed out to the French government. Should France consider Louisiana indispensable for supplying its West Indies possessions, Jefferson told his minister, then he must work for the cession of New Orleans and the Floridas to the U.S. “Every eye in the U.S. is now fixed on this affair of Louisiana. Perhaps nothing since the revolutionary war has produced more uneasy sensations through the body of the nation.” Jefferson concluded by noting that his private letter was written as a supplement to JM’s “to impress you with the importance we affix to this transaction” (Jefferson to Livingston, 18 Apr. 1802, Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:143–47; the significance of this letter is further explained in Malone, Jefferson and His TimeDumas Malone, Jefferson and His Time (6 vols.; Boston, 1948–81)., 4:254–58).


Title: To James Madison from Samuel Cabot, 1 May 1802
From: Cabot, Samuel
To: Madison, James

SirBoston 1 May 1802.
I have the honor to acknowledge the recet of your letter dated the 24th ulto. authorising my return to London for the purpose of executing the duty of an assessor, under the 7th art: of the British treaty. In obedience to your instructions I shall immediately repair to England, for which place I have already engaged my passage in a Vessel that is intended to sail from hence by the 15th instant. Altho’ the proposed yearly salary of 1500 dollars is barely sufficient to defray the current expences incident to a residence in London, yet desirous of rendering myself useful & being influenc’d by the personal solicitations of our Commrs. & many of the claimants who have urged my return, I have concluded to re-engage in this business; not however without the hope that my Stipend may (by the liberality of the President of the United States) be eventually augmented to the sum formerly granted me; & which it is conceived was but an adequate one. In making my pecuniary arrangements for the support of my family during my absence, I have calculated on the early payment of my accot. now with the Secretary of the Treasury. The recet. of this money here, prior to my embarkation, together with any advances which the government may deem it expedient to make me towards my present undertaking, will be peculiarly acceptable at the present juncture. It is presum’d that my Salary, as it falls due will be, as heretofore, discharged by our minister resident in England. Any farther instructions or commands from your Department that may be seasonably transmitted me, will be duly attended to, by sir, your most obedient & very hum. servant
Sam Cabot

   RC (DNA: RG 76, British Spoliations, 1794–1824, Unsorted Papers). Docketed by Brent.


Title: From James Madison to George Deneale, 1 May 1802 (Abstract)
From: Madison, James
To: Deneale, George

1 May 1802, Department of State, Washington. “I send herewith a Commission of the Peace for the County of Alexandria, in the District of Columbia, to be deposited, and to remain in your office.”

   Letterbook copy (DNA: RG 59, DL, vol. 14). 1 p. George Deneale (1766–1818) was a colonel of militia and clerk of the U.S. Circuit Court in Alexandria County (Franklin L. Brockett, The Lodge of Washington [Alexandria, Va., 1876], p. 116). A nearly identical letter of the same date was sent by JM to Uriah Forrest for the county of Washington, District of Columbia (ibid.; 1 p.).


Title: From James Madison to Pierre Samuel DuPont de Nemours, 2 May 1802
From: Madison, James
To: Du Pont de Nemours, Pierre Samuel

Washington May 2. 1802
Mr. Madison presents his best respects to Mr. Dupont de Nemours, and requests that he will be so obliging as to take charge of some despatches for the American Minister at Paris, which are forwarded by the present mail to the post-master at Philada. They are to be handed by him to Mr. Dupont. Should a failure happen, Mr. M. will take it as a favor, if Mr. Dupont will please, before he embarks, to have application made at the post office. Mr. Madison intreats Mr. Dupont to accept his friendly wishes for an agreeable voyage, and the most happy prospects on his arrival.

   RC (Hagley Museum and Library, Wilmington, Del.).

   DuPont was intended to be more than a messenger. Jefferson hoped that the well-connected Frenchman might “be able to impress on the government of France the inevitable consequences of their taking possession of Louisiana” through talks with French government officials. DuPont noted after he received JM’s dispatches and Jefferson’s private letter to Livingston of 18 Apr. that he would “support their contents with all my feeble might” (Jefferson to DuPont, 25 Apr. 1802, DuPont to Jefferson, 30 Apr. 1802, Dumas Malone, ed., Correspondence between Thomas Jefferson and Pierre Samuel du Pont de Nemours, 1798–1817 [Boston, 1930], pp. 46–49, 52–61).


Title: To James Madison from Edmund Randolph, 3 May 1802
From: Randolph, Edmund
To: Madison, James

Dear sirRichmond May 3. 1802.
The inclosed papers have been in my hands for several weeks; having been sent, as you will perceive, to me by Mr. Brooke, for the purpose of being submitted to the chancellor. Mr. Wm. Madison having spoken to me several times at Fredericksburg on this subject, and made appointments for coming hither to bring it to a conclusion, And failing in all, I was too much at a loss, to be justified in offering those documents to the judge, until I should hear from you. Knowing, that being absent from home, and immersed in the pressing business of office, you could not attend to the case at Washington, I have reserved it for your return to Orange; which, Mr Macon tells me, is expected to be immediate. I wish you to instruct me; as the mode, in which Mr. Wm. Madison has proceeded, embarrasses me not a little. I am dear sir yr. affte friend
Edm: Randolph.

   RC (DLC). Docketed by JM. Enclosures not found.

   These papers were most probably documents in support of the friendly suit in chancery instituted among members of JM’s family to settle the complicated estate of James Madison, Sr. (see William Madison to JM, 22 Sept. 1801, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:124–25 and n. 1).


Title: To James Madison from Carlos Martínez de Yrujo, 3 May 1802
From: Yrujo, Carlos Martínez de
To: Madison, James

Washington 3 of May 1802
The Undersign’d Envoy Extraordinary, & Minister Plenipotentiary of H. Cathc. Majesty, takes the liberty of calling the attention of the Secretary of State to a desagreable event, which took place in Philadelphia on the 7 of April last, in which H. M. Flag & some of his subjects receiv’d from a furious multitude the most scandalous insult, for which, he appeals to this Governement in the most serious manner for obtaining a proper satisfaction.
At the demand of the Crew of the Spanish Brig Cabo de Hornos the Marshall at Philadelphia got possesion of her in order to bring her to a public sale, & pay with the monies arising therefrom the arrears due for wages to the Spanish Sailors; & during the sale was to take place, the Marshall left the Brig in custody of the Saylors. On the 7 of April last as the crew were at dinner on a neigbouring house, the Brig was surpris’d by a croud of Carpanters, & Blacksmiths, who had along with them a chain to fasten her, for some demand on their part; but the Spanish saylors being appris’d of this intrusion & under the impression, given them, that nobody could touch the Vessel without their consent, resisted the attempt; in consequence a quarell ensued in which the Crew of the Spanish Brig depriv’d the carpanters & Blacksmiths of their chain, & hoisted the Spanish Flagg on the Brig, as a signal of the protection they were entitled to, by the existing treaty between the King & the United States, the rights of hospitality, & the self-persuasion of a just & honest conduct, as they could not consider themselves as aggresors in the last contest.
A great number of people were by this time assembled near the Brig: sometime afterwards the Sheriff appear’d with his Constables, & his apparition operated as a signal for a general discharge of Stones from the Mob against the Spanish Vessel. In the beginning the Spaniards confin’d their endeavours to shelter themselves from the cloud of Stones falling on them, untill two of them prov’d wounded; when getting hold of the same Stones thrown against them, flung them back to the Crowd, & wounded in their turn one, who afterwards has been found to be a Constable. As soon as the Sheriff approach’d the Brig & the Crew were informed of his being a officer of Justice, they gave up all defence, & far from opposing his entrance they receiv’d him with respect. In this interval of calm which ensued, the furious multitude attack’d the Brig on all sides, beated, wounded & tighted with ropes the saylors, & not contented to have exercis’d their rage on every thing they mett with upon Deck, struck down the Spanish Colours which were flying on the mainmast, & one or two Ruffians getting hold of them, & after waving the Flag in the air as a mark of triumph, they tore it to pieces, & threw them into the air to the repeated huzzas of the populace. Those incredible transactions took place under the eye of the Sheriff, sorrounded by his constables, & there is strong reason to believe, that had he been as active in preserving order as in overpowering a handful of unprotected strangers, all those excesses could have been prevented.
The Undersigned truly attached to justice & truth, declin’d to act as soon as he was inform’d of those extraordinary transactions, well aware how, in buiseness of this nature, the first impressions are generally incorrect by the influence occasion’d by resentment on one hand, & the confusion & the rapidity of events on the other. He has in consequence not neglected in this interval any step which could tend to clear up the circumstances of this unfortunate accident, with the view to appear before this Governement not as a blind & indiscriminating Supporter of H Catc. Majesty’s Subjects but as a Moderate & firm defender, as well of their rights, as of the honor of the Nation, so shamefully compromis’d in the present case. The results of his investigations have produc’d the preceding account, & all its parts are founded on sworn evidences of some of the Spanish Crew, before the Consul General of Spain, in whose office shatter’d remains of the destroy’d Flag are equally to be found.
The Spanish Saylors beaten, & insulted, even when secur’d by the Sheriff, have been since sett at liberty; strong indication of their innocence, or that if in any way coulpable their error arose from some mistake, or want of Knowledge of the lenguage, manners, & laws of the Country.
The Undersign’d Envoy Extraordinary, without entering on the observations it would be on his power to make on the partial conduct of the Sheriff on this occasion, calls again the attention of the Secretary of State to the agravating circumstance of the Striking down the Spanish Colours tearing of the National Flag, & throwing into the air its remains with the utmost ignominy. This insult is too glaring & of too much magnitude to be lett pass in silence; in consequence of which the undersign’d address himself to the Secretary of State in the most serious manner to obtain from the American Governement the satisfaction due to the King his Master for the said insult, satisfaction which will not prove difficult, if the Governement of the United States desirous of Showing a disposition to give it, offer in the News Papers the reward of 500 or 1000 Dollars to the person who will discover the perpetrator or perpetrators of such a criminal Act, & that once found out they may be prosecuted & punish’d as the Law requires.
The Undersign’d prevails of this opportunity to renew to the Secretary of State the sentiment of his high consideration.
Carlos mrtnz de Yrujo

   RC, two copies (DNA: RG 59, NFL, Spain, vol. 2); Tr (AHN: State Archives, vol. 5630). Yrujo sent JM one copy of the RC in English (marked “Copie”) and one in Spanish (dated 9 May 1802); both copies are docketed by Brent. Tr in Spanish; undated.

   The incident was noted in the Gazette of the U.S., 8 Apr. 1802, as an “affray” in which sixteen Spanish sailors were arrested for the beating of a sheriff’s deputy who was trying to chain the ship to a wharf. JM’s response was to request that the state of Pennsylvania investigate and prosecute the matter if necessary. After writing to Jefferson and Attorney General Lincoln, JM asked Gov. Thomas McKean and the attorney for the district of Pennsylvania, A.J. Dallas, to carry out a thorough investigation. The matter was concluded in August 1802 when the attorney general of Pennsylvania issued a nolle prosequi after the sailors had made restitution to the injured man (JM to Jefferson, 11 May 1802; JM to McKean, 11 May 1802; JM to Dallas, 12 May 1802; JM to Yrujo, 12 May 1802; Lincoln to JM, 12 May 1802; Jefferson to JM, 14 May 1802; McKean to JM, 16 Aug. 1802).


Title: To James Madison from Rufus King, 3 May 1802 (Abstract)
From: King, Rufus
To: Madison, James

3 May 1802, London. No. 64. Reviews arrangement made with Bird, Savage, and Bird for the disbursement of public money in Great Britain and describes measures he adopted for securing money recovered in prize cases. All money recovered from captors or British government is deposited in the Bank of England, credited to him in his official capacity, and paid out to claimants after deducting costs incurred by the U.S. The latter amounts are deposited with Bird, Savage, and Bird and used for the prosecution of appeals. The two accounts will show the disposition of these funds. Explains all this by way of introducing the refusal of Bird, Savage, and Bird to reimburse David Lenox for advances he made for seamen’s relief. The firm indicates that direct instructions from the secretary of the treasury forbid them to make advances on the public credit. Since these instructions in effect “transfer the superintendence and control of the public Expenditures in this Country from the Minister, to the Agents of the Treasury,” he will no longer regard U.S. financial matters in Great Britain as under his “control or direction.”

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 6 pp.; in a clerk’s hand, signed by King, docketed by Brent. Printed in King, Life and Correspondence of Rufus King, 4:114–16.


Title: To James Madison from Elias Vander Horst, 3 May 1802 (Abstract)
From: Vanderhorst, Elias
To: Madison, James

3 May 1802, Bristol. Forwards copies of his last letters, which were sent by the Bristol packet via Boston, a letter from Rufus King, and newspapers. “The Season here continues remarkably fine for Vegetation,… in consequence of which, and the late favorable Harvest, the prices of all kinds of Provisions have fallen considerably.”

   RC (DNA: RG 59, CD, Bristol, vol. 2). 1 p.

   Vander Horst to JM, 20 and 30 Mar. 1802.

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


Title: To James Madison from John McWhorter, 4 May 1802
From: McWhorter, John
To: Madison, James

Sir.St. Georges, State of Delaware. May 4th. 1802.
In a Letter of recommendation that I handed into the States department dated March 18th. 1801. I made application for One of the Surveyors Offices in the Western Ohio, or Mississippi Territories, if such appointments were to be made by the President of the United States. General Lincoln then Officiateing in the States department was of opinion there was no such appointments to make. I have not yet received any other answer.
I now take the Liberty to make application for one of the appointments to be made Under an Act of Congress Signed and Approved March 30th. 1802. Viz. An Act to regulate Trade and intercourse with the Indian tribes and to preserve peace on the frontiers.
There is a part of the boundary line Specified in Said Act that I have formerly Surveyed in the year 1790. Viz. That part of the Mianders of Ohio River from the mouth of Kentucke River down to General Clarks Grant, the field notes of this Survey I have now in possession, And have a desire to compleat this part and to run ascertain and mark such other part of the Said Boundary line as the President of the United States may think proper to direct or appoint to me. If this is not to be obtained I rest for any thing further at the will of the President. I expect my character as an honest man and friend to Liberty and Republickanism are sufficiently recommended in my first application from the respectability of the Gentlemen who Signed it to need no other Recommendatory Letter.
I now in a short time expect to remove to the Northwestern Territory, And if the President of the United States, do consider me worthy of one of these appointments the favour will be gratefully acknowledged and I will engage on my part to perform the duties of my office faithfully to the best of my Judgment from instructions I may receive, & I hope to the gratification of the publick.
An answer to this previous to the twentieth Inst. would be confering an Obligation on your Sincere friend and Huml. Servt.
John M.Whorter

   RC (NHi).

   Letter not found.

   Attorney General Levi Lincoln.

   Section 1 of the act called for the boundary line, “established by treaty between the United States and various Indian tribes,” to be “clearly ascertained, and distinctly marked” and specified the lines to be surveyed (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:139–41).


Title: To James Madison from William Eaton, 4 May 1802 (Abstract)
From: Eaton, William
To: Madison, James

4 May 1802, Tunis. Reports that on 2 May “it was announced to the Bey that an American frigate had captured four Coasting Vessels belonging to his Subjects, bound to Tripoli.… Immediate restitution of Vessels and cargoes were demanded by the Bey. Yesterday and to day have been consumed in discussion on the subject.” To the bey’s argument of “the principle of free bottoms free goods,” Eaton replied that this “was never construed to extend to a blockaded port.” The bey inferred from the president’s letter of 9 Sept. 1801 “an implied order to respect his flag, Vessels and Subjects in all Situations,” but Eaton insisted that “a fair construction could only imply that respect so long as he or his Subjects respected the laws of neutrality.” The bey threatened reprisals; Eaton offered retaliation. “Thus we stand here.” While convinced that “this Regency dare not attempt a System of reprisals,” Eaton believes “indemnity will be hereafter reclaimed.” Still, “this is not the moment to yield in the smallest matter.… It will be Seasonable enough to be generous when they shall be taught to appreciate duly our generosity.” Has heard nothing from the pasha of Tripoli’s brother since 31 Mar. when he sailed for Malta.

   RC (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH); Tr (DLC: Cathcart Papers). RC 2 pp.; in a clerk’s hand; docketed by Brent as received 16 Sept. Printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:142–43.

   In describing his orders to the commander of the U.S. Mediterranean squadron, Jefferson wrote: “We gave, illustrious friend, in strict charge to our officer, chief in command, to respect and treat with particular friendship your flags, your vessels, and your subjects,… and we trusted you would yield him that hospitable reception, and those accommodations in the ports of your dominions which his necessities require” (Jefferson to the bey of Tunis, 9 Sept. 1801, ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:358).

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


Title: To James Madison from William Willis, 4 May 1802 (Abstract)
From: Willis, William
To: Madison, James

4 May 1802, Washington. “From some of the remarks you made, in the Conversation I had the honor to have with you this day; I have reason to beleive that some misinformation has been given you, of my leaving Barcelona.… When I left Barcelona, I had hopes of finding some property in Europe, belonging to James Muirhead & Co of Charleston, for whom I had made very large advances.… Even with all my exertions, I was not in time; for all the funds which had been in Europe belonging to that house, had been drawn out of the hands of their agents before I could reach them. This being the case I conce[i]v’d it to be very necessary for me to pursue it to the United States,… and as soon as I had determind on this I gave information of my intentions to Mr Pinckney the Minister of the United States at Madrid.… The business of the Consulate, will be conducted in my absence, by Mr Peter Stirling.… All mercantile men are expos’d to such as I have met with, and I conceive it would be extremely hard, if the business which I have follow’d to establish and support the Consulate, should be the cause of the loss of that property and consulate too.… I request the favor of you Sir, that if any charge is given against me, to take the trouble of causing notice to be given to me of it, and time for me to collect proofs to confute them.… I shall set out tomorrow for New Bedford Massachussetts to embrace once more my aged Parents and shall then avail myself of the first opportunity of a Passage to Barcelona.”

   RC (DNA: RG 59, CD, Barcelona, vol. 1). 3 pp.; docketed by Brent.

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


Title: From James Madison to William Stewart, 4 May 1802
From: Madison, James
To: Stewart, William

Letter not found. 4 May 1802, Department of State. Offered for sale in Stan. V. Henkels Catalogue No. 1454 (15 May 1931), item 45, which notes that it is a one-page letter “regarding the enclosure of William Stewart’s commission as Consul of the U.S. at Smyrna.”


Title: To James Madison from Beriah Norton, 5 May 1802
From: Norton, Beriah
To: Madison, James

Honord. SirEdgartown May 5th. 1802.
I beg Leave one More to trouble you with a line on the Distressing Business of which I had the Honor of waiting on you when I was Last at the Seat of Government. I recd. a few days Since, a Letter from Mr. Williams our Member in Congress in which he informs Me that thrue the Goodness of the President, with your good advice, he Mr. Williams, Expected, that the President would in the Corse of this Spring Pardon & Discharge Elihu Marchant from that Part of his Sentence that relates to his Emprisonment, as to the fine of one hundred Dollars he had his Doubts whether that would be taken of. Pray Sir Give Me Leave to Obsearve, that I beleave, that it is Emposable for Marchant to Procure the Money, as to his Particular frinds in this Place he has But three Men here of his Near Connections & I am Extreemly Sorry to Say that by reason of very hard fortune we are Not able to rase the Money, it is Needless for Me to inlarg. I am Confident Sir that from your Natureal tender & human fealings you will Make Such representations to our Good President as togather with his frindly Disposition, the Said fine of 100 Dollars will be Given up to the Poor & unfortunate, if it is by Any Means Consestent. I remane Sir your Most obed. Huml. Sert.
Beriah Norton

   RC (DNA: RG 59, Petitions for Pardon, no. 50).

   For the case of Elihu Marchant, see Joseph Jones to JM, 16 June 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:321–22 and n. 1).


Title: From James Madison to George Blake, 5 May 1802 (Abstract)
From: Madison, James
To: Blake, George

5 May 1802, Department of State, Washington. “It becomes necessary, under the late Convention with France, that an order of the District Court of Massachusetts should be obtained without delay, for the disposal of the money arising from the sales of the cargo of ‘L’Hereux,’ a french vessel captured by Captain Little on the 2d. April 1800 which money was libelled in that Court and remains uncondemned for want of proof. I request you therefore to take upon yourself the trouble of doing this.”

   Letterbook copy (DNA: RG 59, DL, vol. 14). 1 p.

   See Gallatin to JM, 28 Apr. 1802, and n. 4.


Title: From James Madison to Alexander J. Dallas, 5 May 1802 (Abstract)
From: Madison, James
To: Dallas, Alexander J.

5 May 1802, Department of State, Washington. “To satisfy some enquiries of the Secretary of the Treasury respecting a claim of Mr. Pichon under the Convention with France it becomes necessary that authenticated transcripts of the proceedings of the District Court of Pennsylvania in the case of the ‘Magicienne,’ formerly ‘Retaliation,’ should be procured, so far as they may go to prove this vessel to have been a National one. I must therefore ask the favor of you to take upon yourself this trouble, and that of sending the papers to me. The Magicienne was condemned by a decree of the Court in November 1799.”

   Letterbook copy (DNA: RG 59, DL, vol. 14). 1 p.

   See Gallatin to JM, 28 Apr. 1802, and n. 1.


Title: To James Madison from James Maury, 5 May 1802 (Abstract)
From: Maury, James
To: Madison, James

5 May 1802, Liverpool. Encloses prices of imported American articles. “The immensely unprecedented Imports of Cotton, and particularly from Georgia, Carolina & the Mississippi, have already reduced the prices of the less valuable sorts.… Grain & flour seem daily on the decline.”

   RC and enclosure (DNA: RG 59, CD, Liverpool, vol. 2). RC 1 p.; marked “(duplicate)”; in a clerk’s hand, signed by Maury. Enclosure is a one-page list of “Prices Current of American Produce at Liverpool 5th. May 1802.”

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


Title: To James Madison from Joseph Pulis, 5 May 1802 (Abstract)
From: Pulis, Joseph
To: Madison, James

5 May 1802, Malta. Reports that the dethroned pasha of Tripoli, who had long taken refuge in Tunis, has reached a settlement with his usurping brother to govern Bengasi. He is now in Malta. The British are beginning to evacuate Malta while waiting for the Order of St. John of Jerusalem to replace them according to the terms of the definitive treaty. Previously informed JM that the frigate Philadelphia left sixty barrels of damp gunpowder to be put in a state of service; has had the powder restored to its original condition and placed in the powder magazine where it awaits orders. Discusses a circular sent by the U.S. consul at Algiers in regard to the signals used by Algerine corsairs at sea.

   RC (DNA: RG 59, CD, Malta, vol. 1). 3 pp.; in French. In a clerk’s hand, signed by Pulis. Docketed by Brent as received 6 Oct.

   See Pulis to JM, 21 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:482).

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


Title: From James Madison to Albert Gallatin, 6 May 1802
From: Madison, James
To: Gallatin, Albert

SirDepartment of State 6th. May 1802
I request that under Warrants on the appropriations mentioned in the enclosed estimate the sums therein stated may be placed in the hands of Bird Savage & Bird in London—they to be charged with the same in the Books of the Treasury. I am very respectfully &ca.
James Madison.

[Enclosure]

Estimate for Six Months

Diplomatic
{
Salary of the Minister @ 9000.
4.500

Do. of his Secretary " 1350
675

Contingent say
900

British Treaty
{
Salary of 2 Commissioners under the 7th.

Article of the Treaty @ £1500 stg.
6.666.67

half the Salary of the 5th Commissioner
1.666.66

Their Contingencies say
2.666.67

Compensation to 2. Agents @ 2.500.
2.500.—

Relief of seamen
{
Salary of the Agent for the relief of seamen
1.500.—

Expences of Do. say
1.800.—

Prosecution of claims in prize causes
{
Payment to Proctors say
25.000

$47,875

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


Title: From James Madison to Louis-André Pichon, 6 May 1802
From: Madison, James
To: Pichon, Louis-André

Sir,Department of State 6th. May 1802.
I am just informed that two Citizens of the United States, John Rogers late a Captain in the Navy and Wm. Davidson have been arrested at Cape Francois by orders of the General in Chief, put into the most rigorous confinement, and otherwise treated as the vilest of Malefactors. Notwithstanding the presumption arising from the characters of those Citizens against the justice of the proceeding, there might have been room for suppositions which ought to suspend a definitive opinion, if the grounds of it had not been explained in a letter from General le Clerc to Mr. Lear of the  of  from which the enclosed is an extract of what relates to the subject.

I forbear Sir to make a single comment on the nature of those allegations or the use which has been made of them. You cannot fail to view both in their true colours and mischevous tendencies; and I assure myself that anticipating the sentiments of your Government, you will employ the weight of your interposition in accelerating the release of Capt. Rogers and Mr. Davidson and repairing the wrongs they have suffered. Accept Sir the assurances of my respect and consideration
James Madison

   Letterpress copy of RC (DLC: Jefferson Papers); letterbook copy (DNA: RG 59, DL, vol. 14); Tr (NHi: Livingston Papers). Letterpress copy of RC in a clerk’s hand, signed by JM; sent as enclosure in JM to Jefferson, 7 May 1802. Tr in Brent’s hand; sent as enclosure in JM to Livingston, 7 May 1802. Enclosure not found, but see n. 3.

   The details of the imprisonment of U.S. naval captain John Rodgers and merchant captain William Davidson of Philadelphia are given in Rodgers to JM, June 1802.

   Left blank in all copies.

   JM undoubtedly enclosed the extract from Leclerc to Lear, 25 [27] Germinal an X, of which he sent a letterpress copy to Jefferson (see JM to Jefferson, 7 May 1802, and enclosure).


Title: From James Madison to John Read, Jr., 6 May 1802
From: Madison, James
To: Read, John, Jr.

Sir,Department of State, Washington May 6: 1802.
The President having ratified the late Convention with England it is necessary that the expenses incident to the Sixth Article of the Treaty between the two Countries should immediately cease. You will be pleased to give instructions to the Special Agents employed under that Article conformably with this Intimation, and to consider the establishment of your own Office, including all the appointments in it, as likewise at an end. Mr. Evans will deliver to you the books and papers in his possession, belonging to the United States, and you will place them, with the others under your care, in some safe depositary at Philadelphia, where they may remain ’till they can be conveniently removed to this place. I am, very respectfully &ca.
James Madison.

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

   The work of the commission appointed under article 6 of the Jay treaty to negotiate a settlement of pre–Revolutionary War debts owed to British nationals was annulled by the convention of 8 Jan. 1802, which provided that the U.S. pay the sum of £600,000 sterling to Great Britain to discharge all claims made upon U.S. citizens under the article (Moore, International Adjudications, 3:356; see also Rufus King to JM, 9 and 11 Jan. 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:380–81, 383–85).

   Griffith Evans, secretary of the commission, handed the papers to U.S. agent Read and to William Moore Smith, the British agent (Moore, International Adjudications, 3:22, 346–47; JM to Evans, 7 May 1802).


Title: To James Madison from Unite Dodge, 6 May 1802
From: Dodge, Unite
To: Madison, James

SirCap Français May 6. 1802.
The famous Genl. Toussaint Louvre: arrived in Town this afternoon accompanied by several french Officers, his own aides des camps, horse Guards &cie. Soon after a General Salute was fired by all the Fleet; it might have been in honour of the General in Chief who happened to be on board the Admirals Ship when Tousstt: alighted at his House.
I received a Letter a few days past directed to the ‘Ex-Consul,’ from the commandt. of the place, inviting me to reclaim several Imprisoned american Seamen; as I knew that if they had been guilty of any particular crime my reclamation wou’d not release them, I answered, that I was not the ‘Ex-consul’ & cou’d not officially require the seamens release, but hop’d if they had not been guilty of any crime or misconduct, that he would discharge them without delay. Two days after I sent to the Goal to enquire if they were still there & found they had been dismissed the day before.
I shall endeavour to transmit, by the month of June, a correct statemt. of american Vessels, their Cargoes &ce, altho’ none of the Captains think proper to present themselves at the office except for Protests & Certificates & particularly when embarrassed in Business with which I have no authority to interfere.
I have only time to add that the Gouvt. begin to give proofs of a desire to do away some of the vexatious & unnecessary delays of office in the entry & clearance of american vessels. But that will not prevent the most ruinous Voyages for a long time to come. It may not be improper to inform you, Sir, that I have heard several of the principal officers of Gouvmt. speak as if they were very dissatisfied with the americans generally, in consequence of reading several pieces against them, printed in the public news Papers of the United States as if they contained the sentiments of the Gouvmt; and it is not so easy a matter, as any person acquainted with the constitution & Gouvt. of the US woud suppose, to convince them of the contrary. I am, with great Respect, Sir, Your very Obedt. Servt
U Dodge

   RC (DNA: RG 59, CD, Cap Haitien, vol. 4). Docketed by Brent as received 30 May.


Title: To James Madison from Stephen Sayre, 6 May 1802
From: Sayre, Stephen
To: Madison, James

SirPhilaa. 6th May 1802
I have requested it as a favor, to know, whether I may, or may not expect, some appointment from Administration.
If you conceive the refusal of an answer ought to be conclusive, you are not perfectly acquainted with my character—for—since I am compel’d to pass the line of delicacy, you must pardon me, if I draw some just & natural conclusions, and presume, that others have been provided for, more on account of their situation—or those who recommend them, than positive fitness for office, or claims on the nation.
My services are at an end—they must be unpleasant to the recollection—but it is one of the inconveniencies attending your situation—you must be told of them.
I do not deny you may possess the great & leading principles of patriotism & love for your country, but you must permit me to suppose it possible, that in the pressure of applications you may forget the man who has the clearest claims to protection. Let me beseech you to save me the expence of attending on you in person—if you do so, rely upon it, you will find me full of thanks & gratitude—if I must dance attendance at your door, it will be most unpleasant to myself and distressing to you.
I cannot point out employment—but I will ask—do you know any other person who would better accomplish the business of settling the line to be drawn in upper Canada, between the United States & the British Government?
Is it too great a favor to make some short reply to this note? I am with due respect yours &c &c
Stephen Sayre

   RC (DNA: RG 59, LAR, 1801–9, filed under “Sayre”). Docketed by Jefferson.


Title: To James Madison from Willink and Van Staphorst, 6 May 1802 (Abstract)
From: Willink and Van Staphorst
To: Madison, James

6 May 1802, Amsterdam. “We had the honor to address you on the 10 February acknowledging receipt of your esteemed favor 11. September Ulto. and have Since been deprived of any of your letters. The purport of the present is that Ch: Pinckney Esqe. Minister of the U. S. at the Court of Madrid has sent us copy of your letter 11. September Ulto. directing us to hold subject to his disposal any Sums of money requisite for the payment of the Consuls whose Accounts Mr. Ch. Pinckney is authorised to Settle: in consequence thereof we have forwarded unto him the necessary letters of credit for Lisbon and Italy.”

   RC (DNA: RG 59, Letters Received from Bankers). 1 p.

   Letter not found.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:103.