Title: To James Madison from John Gavino, 29 April 1803 (Abstract)
From: Gavino, John
To: Madison, James

29 April 1803, Gibraltar. No. 119. Has received no letter from JM since his no. 118 [4 Apr. 1803], reporting the arrival of two French ships with settlers for Louisiana who had observed two seventy-four-gun warships with five thousand Polish troops also bound there. Some French ships have passed from the east since then. “The Chesapeake went Home on the 6th: Inst. On the 7th. the Adams went for Italy with a Convoy of 7 sail of our Merchant Vessels. The Moorish Ship in question proceeded for Tunis the 10th. Inst: her Tripolin Papers were deposited by the Empr: agent in my office for 10 Days after she saild, then to be returnd him. Comodor Morris in the New York with the John Adams and Schor: Enterprize saild the 11th: Inst: for Malta and off Tripoly; I supplied his Squadron with about $40.000 against his Bills on the Hone: Secretary of the Navy and Leghorn.” Swedish admiral Cederström, who arrived at Málaga from Tripoli and is now at Tangier, said a Tripolitan corsair was out and six others almost ready for sea. He reported that the bey had declared war against the Netherlands and had ordered his cruisers to bring in all the Dutch ships they met, “as the time for Admiral De Winters promised Presents had Elapsed without their appearance.” Consul Wyk and Alcayde Hashash have gone to the emperor. Simpson is anxious to hear from JM and awaits the arrival of the gun carriages. “I now transmit you my accot. of Expenditure for last Year to relieve Distressd sick & hurt seamen with the Vouchers for same Amounting to $174:77 [not found] which with $99:91 amount the former Year sent you makes together $274:68 for which have this day Valued on you a[t] 20 days sight to my order, not doubting it will meet due honor.… I have Valued on you as this Consulage from the Cituation of the Place not being attached to any of our ministers abroad.” Gen. Sir Thomas Trigg has arrived to take command of the Gibraltar garrison.

   RC (DNA: RG 59, CD, Gibraltar, vol. 2). 3 pp. Docketed by Wagner as received 9 May.

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


Title: To James Madison from Rufus King, 30 April 1803
From: King, Rufus
To: Madison, James

No. 94.
Sir
London Ap. 30. 1803
The question of Peace or War is still undecided; and as France plays for Time, and England (in which there is a public opinion) for a good Case to lay before the Nation, the negotiation may be spun out still longer; tho’ it continues to be said, as has been said for the last fortnight, that the next Messenger would enable the Ministry to bring it to a close.
The objection of the British Commissioners under the Seventh Article of our Treaty of 1794. has been given up; and the Board having to day compleated a number of Awards including Interest during its late Suspension, there is reason to believe that no farther difficulty is likely to occur in the satisfactory conclusion of the Business of this Commission. With perfect Respect & Esteem, I have the honour to be, Sir, Your obedt. & faithful Servt.
Rufus King

   RC (DNA: RG 59, DD, Great Britain, vol. 10); FC (NHi: Rufus King Papers); letterbook copy (ibid., vol. 55). RC marked “(By Duplicates).” In a clerk’s hand, signed by King. Docketed by Wagner as received 21 June.


Title: To James Madison from George W. Erving, 30 April 1803 (Abstract)
From: Erving, George W.
To: Madison, James

30 April 1803, London. No. 18. “I had the honor to address you in No. 12. of Jany 1st. upon several points relating to our Claims, & have now the satisfaction of confirming the assurances which I then gave, of the successful progress, and probable speedy termination of this Business.
“By the enclosed List you will be pleased to observe, that we have very considerably reduced the Number of Cases pending before the high Court of Appeals, and besides these, there remains scarcely more than thirty to be considered by the Board. It being understood that the Lords of Appeal will consent to hear all the Treaty Cases … as soon as they can be made ready, I have taken every possible means to have them immediately prepared for hearing, and doubt not of being able to procure Decrees in time to lay them before the Commissioners previous to the 15th. of July; But if … one or two should then be undecided, the Board will doubtless consent to consider and refer them for Report de Bene Esse.”
Derives from these circumstances “the most sanguine confidence” that the commissioners will terminate in August or September at farthest. “It is scarcely possible to do justice to the great Zeal and Exertions of Mr. Pinkney who has thus expedited our Business in a manner not to have been expected. A very important omission in the Convention, had given rise to a difference of Opinion at the Board, as to whether Interest should be allowed on our Claims during the time in which its functions were suspended; this has delayed the execution of Awards: but tho there was no specific provision in the Convention to this Effect, yet Mr. Pinkney found in the spirit of the Instrument, that the powers of the Commissioners were adequate to the purpose of making such allowance; his decision and firmness upon this subject (probably somewhat assisted by the Circumstances of the Times) has finally succeeded; and the Board is now executing Awards: the difference of Interest thus obtained may be estimated on the Mass of our Claims at about 100,000£ Sterling. Mr Pinkney’s argument upon this occasion may be interesting & I therefore take the liberty of enclosing a Copy herewith.
“The Form of the Award has been lately much simplyfied, which … must facilitate the transfer, and consequently raise the value of the Instruments. It is probable also that the Mode of assigning to the British Government our Claims upon the Captors, will be advantageously altered; instead of an assignment on each seperate Award, a single Instrument, and referring to a Schedule is proposed; this Schedule is to contain the particulars of the Awards relating to which, Claims upon the Captors are to be assigned.”
Estimates the gross amount of the awards at about £1 million sterling. Will transmit the proper lists as soon as they are completed. “Finding that the Claimants generally are not ⟨w⟩ell informed of the Nature and course of the Business here, of the Duties of the public Agent, and very many, not even of the terms of the Convention, I have thought it proper to send to them a Circular Letter, a copy of which I take the liberty of enclosing.”

   RC and enclosures (DNA: RG 59, CD, London, vol. 8). RC 3 pp. In a clerk’s hand, signed by Erving. Docketed by Wagner as received 11 July. Enclosures (docketed by Wagner) are a “List of Treaty Cases pending” with comments on the status of the cases (2 pp.); an extract from the proceedings of the commissioners giving William Pinkney’s arguments in favor of interest payments on U.S. claims (11 pp.); and a printed circular to claimants containing instructions on how to proceed in obtaining any funds awarded to them (1 p.).

   De bene esse: “to be accepted or allowed for the present but on fuller examination to be allowed or disallowed according to its own nature” (OEDOxford English Dictionary.).

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


Title: To James Madison from Isaac Cox Barnet, 1 May 1803 (Abstract)
From: Barnet, Isaac Cox
To: Madison, James

1 May 1803, Antwerp. Refers to his last letters of 12 to 18 Mar. “I was honoured on the 18th. Ulto., with your letter of the 3d. March [not found] with my commission as confirmed by the Senate, which, as events have turned, I hope fixes me here and may be a means of satisfying the wishes of my friend Mr. John Mitchell lately appointed by our Envoys to the Commercial Agency at Havre.” Is forwarding the new bond to General Muhlenberg for the sureties’ signatures with a request that it be transmitted to the State Department. “Inclosed I … transmit some Documents relative to embezzlement & theft on board the ship Philadelphia by which it appears, that John Jackson & Gustavus Peters, the two mates, are the delinquents, and that they fled before I could have them secured.” Also encloses a copy of a letter from Skipwith. Would be “much gratified” at receiving JM’s instructions for his “government” in such cases and at knowing “what charge, if any, is to be made for Drawing up and Copying in the Register so lengthy Interrogatories.” Since the consular convention has expired, asks if his surety is competent to the duties therein specified. “Whether I have a right to go on board Vessels of the UStates in the Ports of my District, to examine witnesses in cases of assault & battery and what measures I can take to prevent this practice with some Masters & officers in the Merchants-Service, Severely beating and otherwise ill-treating Sailors, and discharging them unjustly—these points I have found myself at a loss to be governed in; and to claim the interference of the Municipal laws would often be, to retard the business of american Merchants, and sometimes subject the delinquents to severer punishment than the laws & juries of the United states would adjudge.
“I must likewise beg your attention to the inclosed copy of my last letter to … Mr Livingston—(which being pressed for time I am constrained to send in this state) it is on the subject of a vessel lately arrived, whose case is therein fully explained. The Minerva of Wilmington, N. Ca. Captn. Ford therein alluded to, is a Small Brig which he Says belongs to himslf. but which, from his reluctance & neglect in calling on me, and having only a Sea-Letter granted at Norfolk in August last, and no Bill of Sale, nor proof of the property being vested in him … left a doubt whether the Vessel was american property or not. Mr. Livingston in answer to my Statement of her case of the 4 april says (under date of the 18th. Ulto.) ‘So critical is the State of things here at this Moment, that I have had no leisure to reply to your letter nor even now to consider it fully. I think under present circumstances it would be most prudent not to refuse your protection to this ship as american, the law not having prescribed the rule by which the property is to be ascertained. As to the question of ton[n]age it is altogether a municipal regulation and the application must be made to the proper officers for relaxation of the law. I do not see it one which, as minister I ought to interfere. The tonnage designated in the laws of france certainly means tonnage according to french measurement … and it is the business of Merchants to acquaint themselves with the difference. But what excuse can be offered by an Amn. when his vessel even falls Short of the proper Tonnage by the American admeasurement? (92.) What have the french Government to do with the British Tonnage as applied to an Amn. Ship?’ (being 112 Tons). This Vessel measures but 86 french.
“Opinions here are daily fluctuating as to peace or War.” On 28 Apr. he received a 21 Mar. Philadelphia newspaper with Pichon’s 11 Mar. letter and transmitted it to Livingston and Monroe at Paris. Apologizes for inaccuracies but is hurried as “it was not expected these vessels would Sail today.” Lists ten American vessels now in port. The Minerva, which arrived 24 Mar. from Liverpool, was seized for being under the proper weight to import tobacco. Great preparations are being made to receive Napoleon. A triumphal arch is being built in the principal street, and merchants are excluded from the exchange while it is being painted. The time of the visit is uncertain; if war ensues it may not take place. “Several expedients have been resorted to for the raising funds for the intended fête, and the necessary complement not yet raised—this fact fully justifies the statement I had the honor of making in one of my former, Sir, concerning the Antwerpers.”

   RC and first enclosure (DNA: RG 59, CD, Antwerp, vol. 1); second and third enclosures (DNA: RG 59, CD, Paris, vol. 1). RC 4 pp. Docketed by Wagner as received 29 June. For first enclosure, see n. 2; for second and third enclosures (docketed by Wagner as received in Barnet’s 1 May dispatch), see nn. 3 and 4. Barnet also wrote JM on 2 May 1803 (DNA: RG 59, CD, Antwerp, vol. 1), enclosing a copy of his 1 May 1803 letter sent by the Betsey, adding that he had sent the documents by that ship because “she sails fastest and the same testimony may [be] had from the crew of this Ship if necessary” (1 p.; docketed by Wagner as received 14 June).

   Barnet’s 16 Mar. 1803 letter to JM includes a postscript of 18 Mar.

   Barnet enclosed twenty-seven pages of material dealing with the embezzlement and sale of four bags of pepper from the cargo of the Philadelphia as well as the concealment of four bags of coffee and two bags of sugar with the apparent intent to sell. Included were Capt. Bernard Rozer’s statements describing the incident, Barnet’s judgment, the confessions of the perpetrators, and interrogatories taken by Barnet and his secretary, James Robertson, from several crew members.

   Barnet enclosed a copy of Fulwar Skipwith’s 23 Apr. 1803 letter to him (2 pp.), in which Skipwith acknowledged receipt of Barnet’s letters of 16 and 18 Apr. 1803 and stated that he had delivered the letter enclosed in the former to Monroe, “but he will not be able to read it, & still less to answer it for some days being extremely ill in bed, with as violent an attack of the Rumatism as I ever witnessed.” Skipwith commented that Barnet’s having received his commission to Antwerp did not preclude his receiving the appointment at Le Havre, advised Barnet to forward all documents regarding the robbery on board the Philadelphia to the State Department, and promised to send Barnet a copy of the latest congressional act regarding consuls should he receive it.

   Barnet enclosed a copy of his letter to Livingston, 28 Apr. 1803 (2 pp.), requesting advice with regard to the Mac, owned and captained by John Bryant, which “arrived this morning from London declared from Embden.” Although he had certified the ship as American based on Livingston’s letter of 18 Apr. 1803, Barnet wrote, he had doubts about the certification, “this vessel having nothing else than a Bill of Sale, and the Master, a certificate of Citizenship,” and he suspected that Bryant was engaging in contraband trade. “Should a War break out,” he added, “such cases would become Still more delicate for me to decide upon.” Filed with the RC (DNA: RG 59, CD, Antwerp, vol. 1) are copies of two other letters from Barnet to Livingston. In his letter of 4 Apr. 1803 (7 pp.), Barnet discussed the possibility of employing U.S. consuls as interpreters and agents for U.S. ships, thus saving captains brokerage fees, which were high at some ports, and he described the case of the Minerva, detailing his fears of irregularities in the ownership of the vessel and his difficulties with Capt. Gabriel Ford. In his 27 Apr. 1803 letter to Livingston (4 pp.), Barnet acknowledged receipt of Livingston’s 18 Apr. 1803 letter and described Ford’s further actions and his own agreement to handle the case. He asked Livingston to place Flushing under the Antwerp agency, since U.S. consulates in France and the Netherlands were under the minister’s supervision. Also filed with the RC are copies of a declaration regarding the Minerva and a letter to Ford’s consignee asking for particulars on an earlier case.

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


Title: To James Madison from Rufus King, 1 May 1803 (Abstract)
From: King, Rufus
To: Madison, James

1 May 1803, London. No. 95. Reports that according to the certificate of the accountant general of the Court of Chancery, the fund claimed by the state of Maryland consists of bank stock, 5 percent stock, and cash amounting to £187,567 12d. sterling. Suits in chancery were instituted “many years back” against Russell and other fund trustees by Chase as agent for Maryland, by Barclay and others as executors of Hanbury, and by Harford as devisee of Lord Baltimore. Buchanan’s assignee and the Ewers have also claimed an indemnity for loss of real estate in Maryland. “It has appeared to be the opinion both of the late and present Lord Chancellor that the Crown is legally intitled to this Property. My Correspondence with the Department of State has explained the means that have been employed to effect a Transfer of it to Maryland, as well as the series of disappointments which has defeated them.”
“I have now the satisfaction to send you the copy of a Letter that I have received from Lord Hawkesbury in which the King engages, in the event of its being decided that the Title to this Stock has accrued and belongs to the Crown, that the same shall be transferred to the State of Maryland, together with the accumulations proceeding from the re-investment of the Dividends. I likewise enclose … copies of the Instruction given to the Attorney General relative to this Stock, of the Decree of the Court of Chancery in the suit of Barclay and others against Russell and others, and of the Motion of the Attorney General, founded on the presumption that after the Decree in Barclay’s suit the regular course of an Information for the purpose of vesting the Stock in the Crown would have been dispensed with, by the Parties consenting to receive their Costs, and withdraw all opposition.… Contrary, however, to this Expectation the Solicitors of Mr. Chase, and of Mr. Harford refused their consent: the Motion was therefore postponed to a future day, before which I sent the two subjoined Letters to Messrs. Lyon & Collyer, the Solicitors of Mr. Chase who in consequence thereof withdrew their opposition. Mr. Harford continued to oppose, and when the Motion of the Attorney General was resumed on the 27th. past, his Solicitor again refused his consent: previous, however, to his doing so he came to me with an offer to withdraw his opposition and consent to the Motion of the Attorney General, provided I would engage to transfer to Mr. Harford £10,000 Bank Stock. This I declined doing, with the observation that … there was sufficient certainty that Maryland must ultimately … obtain possession of the entire fund: and … as the Dividends would from time to time be re-invested, the Property would in the end be received together with Compensation for its detention.
“Could I have been certain that the Representatives of Buchanan, and of the Ewers, or that the Holders of a considerable Sum of the Colony Bills of Credit … might not have been encouraged by the Settlement with Harford to pursue their opposition, unless they also were bought off, I might … have agreed with the Hanbury’s to give to Mr. Harford … a Sum of Money or Bank Stock to induce him to withdraw his opposition. But … I have preferred the course which is now to be adopted.
“… It remains only that an Information be filed against all the Parties hitherto in opposition, in order to obtain a decision vesting the fund in the Crown; and for this purpose it may be expedient that the Solicitors of Mr. Chase be instructed to assist those of the Treasury, and of the Family of Hanbury in pressing the process to a conclusion. Owing to the dispersed situation of the Parties, and the angry perseverance which influences the conduct of Mr. Harford it may require some Time to compleat the Business; but it is a satisfaction that … no future change in the Court of Chancery or in the Ministry can alter the decision….
“It would have given me great pleasure to have seen the close of a Business that is of importance to the State of Maryland, and which has so constantly as well as zealously engaged my attention; but the intanglements of an intricate Suit in Chancery … are reached with difficulty by diplomatic means: there has, moreover, been some difficulties in our way which neither Patience nor Industry has hitherto been able to surmount. We may, I think, now put our Opponents at defiance, as we at length stand on secure ground.… I shall leave with the Papers of the Legation such a view of the Subject, as I hope may enable my Successor with little Trouble to hasten the conclusion of this long protracted Business.”

   RC and enclosures (DNA: RG 59, DD, Great Britain, vol. 10); FC (NHi: Rufus King Papers); letterbook copy and copies of enclosures (ibid., vol. 55); Tr and Tr of four enclosures (MdAA: Blue Book 2); Tr (MdAA: Blue Book 5). RC 6 pp. In a clerk’s hand, signed by King. Docketed by Wagner as received 5 July. Enclosures are copies of Hawkesbury to King, 25 Apr. 1803 (2 pp.); Hawkesbury to Spencer Perceval, 15 Dec. 1802 (1 p.); Lord Eldon’s decree dismissing the bill in Barclay’s suit against Russell, 1 Apr. 1803 (1 p.); a notice dated 18 Apr. 1803, signed by Joseph White, solicitor for the attorney general (2 pp.), of a motion to be made by the attorney general on 20 Apr.; and King to Lyon and Collyer, 22 Apr. 1803 (1 p.) and 26 Apr. 1803 (1 p.). RC and enclosures printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:504–6.

   See King to JM, 28 Jan. 1803, and n. 3.


Title: To James Madison from James Welles and Others, 1 May 1803 (Abstract)
From: Welles, James
To: Madison, James

1 May 1803, Naples. The writers, “citizens of the United States ⟨at⟩ present in City of Naples,” describe the difficulties American commerce and citizens experience at Naples from poor representation by the U.S. consul, John Sabin Michael Mathieu. Mathieu not being a U.S. citizen, it cannot be supposed he would have a strong interest in U.S. welfare, but his official duties require him to aid U.S. commerce and protect U.S. citizens. He does neither and is unfit for the position. “In every decision which is submitted to him,… he is obliged to appeal to the opinion of a Neapolitan, or consul of some other nation.” He is clerk to a local merchant and has little time to devote to consular duties, which causes Americans to experience delays in obtaining consular passports required by the Italian states and in other applications. Mathieu treats Americans with “incivility and rudeness” and boasts that his continuance in office shows he has the approbation of government. Since “there is no american citizen established in this place,” they recommend Frederick Degen, a Prussian merchant at Naples, who has “for many years transacted the principal part of the American business ⟨at⟩ this place” and knows the situation and affairs of U.S. commerce better than any other resident.

   RC (DNA: RG 59, CD, Naples, vol. 1). 2 pp. Signed by Welles and five others. Marked “Duplicate.” Docketed by Wagner as received 19 Dec. A postscript of 1 Sept. 1803, supporting the complaint and recommending Degen, was signed at Boston by nine others.

   Mathieu’s wife was an American citizen (Tobias Lear to Frix Barada, 9 Jan. 1802 [DNA: RG 59, CD, Cap Haitien, vol. 4]).

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


Title: From James Madison to Louis-André Pichon, 2 May 1803 (Abstract)
From: Madison, James
To: Pichon, Louis-André

2 May 1803, Department of State. Acknowledges receipt of Pichon’s notes of 18 and 19 Apr. and informs him that “measures have been taken by order of the President, to ascertain the truth of the facts alledged in the documents therein enclosed, to the end that such ulterior steps may be pursued, as the result of the enquiry may render necessary.”

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


Title: From James Madison to William Pinkney, 3 May 1803
From: Madison, James
To: Pinkney, William

Sir.
Department of State May 3d. 1803.
Enclosed is a power enabling you to negotiate the transfer of the Maryland bank stock. The communications from Govr. Mercer which you will receive herewith will put you in possession of other explanations of the views of the State. You are too well acquainted with the subject to render many general observations requisite on my part. It will be sufficient to remark, that such has been the delay attending the transfer, so long have all the intricacies connected with it been successively removed, and so clear does the right of the State appear to be, that a further procrastination must unavoidably add to the dissatisfactions which already exist, and apprehensions must prevail that ultimate justice is not to be expected. The desire of the state to see something done towards a conclusive adjustment is so strong, that it has been agreed to authorise you to receive restitution of such part of the stock as may not be detained on account of individuals, if indeed impediments of that sort should contrary to every just expectation be interposed; but you will nevertheless continue your exertions to release the residue and procure its transfer as soon as possible. It is hoped no difficulty will arise about the form of the transfer. If it cannot be made to the state itself by any general designation, the power formerly given by the Legislature to Mr. King to enable him to receive it may probably be considered as applying to you, or at least to his successor; or the transfer may be made to you in special trust to be again transferred to whom the state may appoint. I am &c.
James Madison.

   Letterbook copy (DNA: RG 59, IC, vol. 1); Tr, two copies (MdAA: Blue Book 2). First Tr, marked “(B.)” and signed by JM, sent as enclosure in JM to John Francis Mercer, 19 May 1803 (ibid.). The “communications from Govr. Mercer” have not been identified.

   JM to Pinkney, 3 May 1803 (second letter).


Title: From James Madison to William Pinkney, 3 May 1803
From: Madison, James
To: Pinkney, William

Sir.
Department of State, May 3rd. 1803.
The Legislature of Maryland at their last session authorised the Governor to take measures in concurrence with the Executive of the United States to obtain restitution of the Bank Stock, which has been long a subject both of civil process and negotiation in London. As Mr. King will probably have left England before a communication on this subject could reach him, and as his successor may not be so intimately acquainted with the History and the present situation of the Stock, as you are supposed to be, from your being a Citizen of the state, and other opportunities, it has been judged proper to charge you specially with this business. The President therefore invests you with powers for this purpose, which heretofore might have been exercised by Mr. King or would devol[v]e on his successor, to apply to the Ministers & Courts of Justice of his Britannic Majesty, in such manner as may be judged proper & effectual for terminating the claim of the state and for receiving a transfer of the stock for its use. I am &c.
James Madison.

   Letterbook copy (DNA: RG 59, IC, vol. 1); Tr, three copies (MdAA: Blue Book 2). First Tr, marked “(A.),” sent as enclosure in JM to John Francis Mercer, 19 May 1803 (ibid.).


Title: To James Madison from Isaac Cox Barnet, 3 May 1803 (Abstract)
From: Barnet, Isaac Cox
To: Madison, James

3 May 1803, Antwerp. “I am just now favoured with a letter from Mr. Skipwith dated 30 Ulto. in which he says ‘this instant I have yours of the 27th. I expect you will hear from our Minister … and probably you will be informed of his and Mr. Monroe’s intention of naming you one of the Commissioners that is expected to be formed here for the liquidation of Americans [sic]. … This business cannot be of three months duration and therefore will not interfere much with your project of establishing yourself at Havre. I presume of course that you have continued since the receipt of your Commission for Antwerp, to inform the Government of your choice of Havre. War is supposed here to be actually taking place. I have little doubt of it myself.’”
Skipwith’s news was communicated confidentially, and Barnet passes it to JM in the hope of “giving some interesting and early information.” Takes advantage of the intention of the Betsey, “said to be a remarkable fast Sailor,” to set sail in the morning. Expects to receive the letter from Livingston by the mail of 4 May. “I am highly sensible for the honor intended me. But am I equal to the object? I should call in the experience I have had, and hope that my zeal and the friendly guidance of those who choose me, would aid me in accomplishing it with honor and advantage.” Has long been “the Sport of events,” but is zealously attached to U.S. interests and will be prompt to obey when these interests call. “As I have not yet formed a fixed commercial establishment—owing to the unsettled State I have been in—I am willing to take what may fall to my Share in the turning of the Wheel.… Fortune has never yet deigned to Smile on me, except in a happy encrease of progeny.” Is extremely anxious to learn the fate of bills he drew from Bordeaux. Has authorized G. M. Woolsey of New York to inquire about them as the failure of a commercial house at Bordeaux has made him Woolsey’s debtor for the approximate sum of the bills. “I have no other and had made no other Merchantile engagement, and in addition to the hardship of the event, it is mortifying and inconvenient to me to propose means to obviate the delay I may experience before a Settlement with my debtors.” Hopes the accounts he transmitted with the bills will be settled. “In regard to the Consulate I may be fixed in, I am equally prepared for either Havre or this one—neither shall be a disappointment of moment tho’ I confess, that in doubt about War, I would rather not encrease my expences by an unfruitful removal.” The Moniteur “is Silent as usual on the State of affairs.” Trade in France is in a general state of stagnation.

   RC (DNA: RG 59, CD, Antwerp, vol. 1). 3 pp. Marked “private.” Docketed by Wagner as received 29 June.

   Livingston and Monroe appointed Barnet, William Maclure, and John Mercer to the American commission for the liquidation of claims on 18 May 1803 (Moore, International Adjudications, 5:214).

   Article 11 of the 1803 convention provided that all decisions on claims should be made within one year of the exchange of ratifications. The commission’s first meeting was on 5 July 1803 and its last was on 1 Dec. 1804 (ibid., 5:213, 217, 270).

   See Barnet to JM, 30 June 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:352).

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


Title: To James Madison from William E. Hũlings, 3 May 1803 (Abstract)
From: Hũlings, William E.
To: Madison, James

3 May 1803, New Orleans. Nothing new has taken place since he wrote on 12 and 15 Apr. “The Port of deposit remains shut, and will continue so until the arrival of the Marquis of Casa Calvo, perhaps until the event of Mr. Monroe’s mission is known. The Prefect continues his exertions for the reception of the troops, who are daily expected.… My friend Mr. Danl. Clark writes You so fully on the affairs of this Country, as to leave me nothing to say on the subject.”

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

   No letter from Hũlings to JM dated 15 Apr. 1803 has been found, but his 12 Apr. 1803 letter includes a postscript of 14 Apr.

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


Title: To James Madison from Charles Pinckney, 4 May 1803
From: Pinckney, Charles
To: Madison, James

Dear Sir
May 4: 1803 In Madrid
Since closing the dispatches I delivered this morning to Mr: Wells I have recieved the inclosed letter from Mr Cevallos in answer to the different applications made to him on the subject of the purchase of the Floridas & such parts of Louisiana as was convenient to us & indemnification for the Damages sustained by our Citizens in consequence of the irregular conduct of the Intendant at New Orleans. By his answer you will see his Catholic Majesty declines selling the Floridas & has referred us to the French Government for such purchases of Louisiana or a part of it as we wish & has declared that our claims for indemnification which you will find by the papers transmitted I had pushed as far as “amicable decision” would permit, were unsupported by the Treaty of 1795. His manner of expressing himself on the subject of the navigation of the Misissipi—the Favour as he calls it of our being allowed a Deposit at New Orleans & its continuation after 1798 & of the revocation of the Edict of the Intendant, all serve to strengthen the Opinions that the French wished to recieve this country from the Spaniards at a time when doubts existed respecting the power to revoke our right to deposit & when the Spaniards themselves considered that & all our other rights as mere favours springing from the Generosity of the King & that it might possibly hereafter rest with the French Government to determine how far it might be convenient to them to continue these rights. This answer appeared to me to be so important that I sent it off immediately to Mr: Livingston & Mr Monroe at Paris with my opinions tending to shew the absolute necessity there is for their now definitively arranging every Question respecting the Misissipi before the French can take possession. To these gentlemen I have also communicated very fully every thing I have done or attempted here with my Opinions at large. Copies of my letters to them I now inclose you & I am waiting to hear from them not having recieved a line from you later than the 18 January nor one Word from Mr Monroe so that at this moment nearly the middle of May I am entirely in the dark & uninformed of What Congress have done since the beginning of January. I have governed myself entirely by your instructions & I trust that if you recieve all the numerous Dispatches & their inclosure[s] I have sent you will see We have not been idle or left a single mode or thing unattempted to obtain what we wish from this Government. I am happy I obtained the restoration of the Deposit & hope the Order is arrived before this time. The Quarantine also is taken off, & on the subject of the indemnification for the Damages occasioned by the conduct of the Intendant at New Orleans, You find the Secretary says our claim is unsupported by the Treaty. Should it be possible for me to persuade them to reconsider this Opinion & agree to make compensation I shall do so but considering the inclosed answer as expressing the Opinion of the Government that they are not bound by treaty to do so I have taken the earliest Opportunity to transmit it to You for your information & remain with my most affectionate respects to the President Dear Sir always Yours Truly
Charles Pinckney
Should it be necessary for me to recieve further instructions on the subject of the indemnifications for the Damages sustained by our Citizens occasioned by the irregular conduct of the Intendant at New Orleans, it will be proper to transmit the best account of what have been the Damages that have been sustained because should the Damages be not very considerable it may have great Weight with this Court in rather promising compensation than risquing the inconveniencies of a rupture.

   RC and first enclosure (DNA: RG 59, DD, Spain, vol. 6A); second and third enclosures (DNA: RG 59, DD, Spain, vol. 6). RC docketed by Wagner as received 16 Aug. For first enclosure, see n. 2; for second and third enclosures, see n. 3.

   See Pinckney to JM, 12 Apr. 1803, and n. 6.

   Pinckney enclosed a copy of Cevallos’s letter to him of 4 May 1803 (3 pp.; in Spanish; docketed and partly translated interlinearly by Wagner). Cevallos acknowledged the receipt of Pinckney’s 12 and 20 Apr. 1803 notes regarding the deposit at New Orleans. He stated that he had informed Pinckney of the king’s decision to order Morales’s decree suspended and to permit the American deposit as agreed in the treaty of 1795. The king’s determination to retain all his territories prevented him from agreeing to the cessions that the U.S. wished to obtain. Yrujo had been ordered to inform the U.S. of this decision. By the retrocession of Louisiana, France had regained the province with its former limits and the U.S. might address itself to that country regarding the acquisition of territories which might suit U.S. interests. The claim for damages caused by the intendant’s prohibition was vague, indefinite, incalculable, without support in the treaty of 1795, and based solely on interpretations and glosses which, if admitted, would make treaties a perpetual source of disharmony. If the continuation of the deposit was based on the king’s generosity, however, there was no ground for arguing that Spain was responsible for the intendant’s having impeded the exercise of that generosity. Cevallos reminded Pinckney that the navigation of the Mississippi, the favor of the deposit at New Orleans until 1798, its continuation after that time, and the revocation of the intendant’s decree were signs of the king’s generosity and friendship toward the U.S.

   Pinckney enclosed copies of two letters to Livingston and Monroe. In his 26 Apr. 1803 letter (6 pp.), Pinckney described his efforts to use the suspension of the deposit as the basis for a broader discussion of American rights on the Mississippi. He detailed his arguments justifying the U.S. claim for damages based on the illegal activities of the intendant and expressed his uneasiness about the extent of French influence on Spanish actions in New Orleans. If U.S. negotiations in Paris proved successful, Pinckney suggested, Spain would probably pay American claims. If they were not, then any negotiations at Madrid would be not only unsuccessful but imprudent, and he would join Livingston and Monroe in informing the U.S. government that nothing could be done. He indicated that he was willing to follow any suggestions they might have. Pinckney referred to his last letter from and his 12 Apr. 1803 letter to Cevallos, of which he sent copies so the U.S. envoys might see Cevallos’s language and the article from the Convention of 1800 included in the 12 Apr. 1803 letter. The enclosed copy of Pinckney’s 5 May 1803 letter to Livingston and Monroe (2 pp.) covered a copy of his 4 May 1803 letter from Cevallos and noted that since Cevallos’s description of U.S. rights on the Mississippi was based merely on the friendship of Spain, it was “absolutely necessary” for the U.S. to “arrange this business definitively with France.”


Title: From James Madison to Samuel Coleman, 4 May 1803
From: Madison, James
To: Coleman, Samuel

Letter not found. 4 May 1803. Acknowledged in Coleman to JM, 24 May 1803 (DLC). Requests Coleman to ship the four cases and a bale containing Monroe’s belongings in care of Lewis Deblois. Asks that substitution be made for some items. Makes a suggestion concerning the disposition of Monroe’s wine.


Title: To James Madison from John Beckley, 5 May 1803
From: Beckley, John
To: Madison, James

Dear Sir,
Philadelphia, 5th: May 1803.
I have conditionally engaged a neat handsome Chariot for you, with a pair of best plated harness, at 500$. Particulars and a description of it, I will give in a day or two, having, so far engaged, on the advice & opinion of Mr: Kerr, without having, as yet, seen it, altho’ under reservation to be finished as I may direct. If I conclude a purchase, I will arrange the payment to meet your accomodation within 60 or 90 days. The Carriages sold, this day, at Sheriffs sale were tawdry and flimsey, no way sufficient in finish or fashion, being designed for South America.
War is confirmed between France & England, and happily so for us, since I have seen to day, a letter from an intelligent Emigrant, returned from this Country to paris, in which under date 5th: March he states a direct message to him from the first Consul, advising him “not to interfere in political concerns & especially to avoid all reference to the Example of the Jacobin Government of America, so dangerous to the repose & safety of European Systems”—the words of Bonaparte himself as quoted in the letter I saw.
N York elections are decisively democratic thro’ the State, for both branches, and leave no doubt that the mode for choosing Electors in that state for the presidential Election will be such as the democrats shall prescribe.
There are great jealousies & divisions here among the democrats on the Question of removals from Office, altho’ a decided majority are in the affirmative of that question, and great feeling is Excited thereon pointed at Mr: Dallas here, and Mr: Gallatin at Washington, the alledged supporters of the system of moderation, as it respects pennsylvania. It is difficult to restrain the turbulent spirits within any bounds of decency, and, as connected with other intrigues of some designing men, but little suspected, I know not where it will end. I am laboring to effect an association & union of the principal characters now at Variance, and wish I may be able to effect it.
Mrs. B. unites in affecte. regards to Mrs. Madison & your family. I am, respectfully, dear Sir, Your’s sincerely,
John Beckley.

   RC (NN).

   James Kerr was a saddler in Philadelphia (James Robinson, The Philadelphia Directory for 1805 [Philadelphia, 1805; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 9139]).


Title: To James Madison from James Leander Cathcart, 5 May 1803 (Abstract)
From: Cathcart, James Leander
To: Madison, James

5 May 1803, “Lazzaretto of St. Rocco,” Leghorn. No. 4. Refers to his 30 Mar. dispatch, which informed JM of his intention to remain with Commodore Morris “as I presumed that I should be able to convince him of the propriety of proceeding off Tripoli immediately & of taking me with him in order to commence a negotiation with that Regency according to the tenor of my instructions.” On 6 Apr. he received the enclosed 5 Apr. letter from Morris. Could not inform JM as the Chesapeake sailed the same day but assumes that Captain Barron, who is acquainted with the circumstances, will convey the necessary information. “In vain did I point out to Comodore Morris the difficulties he would have to encounter should he attempt a negotiation with Tripoli without a faithful coadjutor unacquainted as he is with the language customs & manner of negotiating with Barbarians, I quoted the embarrassing situation he had just emerged from at Tunis.… I inform’d him that the Bashaw would employ those who … would endeavor to take advantage of his ignorance of their situation & placed in a striking point of view the probability of his being deceiv’d in a manner similar to the Swedish Comodore Tornquist in 1801.… Neither did I omit mentioning how extremely trifling it would appear to government when they would be inform’d that he had taken me all round the mediterranean without giving me an opportunity of puting into execution any part of my instructions. The Comodore answer’d that he had receiv’d instructions that superceded mine & as I had furnished him with a copy of the Treaty which I had drawn out he could do without me & again repeated that he would send for me should he want my assistance.
“The clause in my instructions of the 22nd. of August 1802 which provides for contingencys to myself is by no means applicable under the present circumstances, for I have literally nothing to do here, the Consular present for Algiers when finish’d will be paid for by my Agent, the Dey of Algiers instigated by the intrigues of the Jews co-adjuted by Mr. O’Brien, has refused to receive me & awaits the Presidents answer on the subject which will cause a delay of some months during which time it was my duty as it was my inclination to have proceeded before Tripoli & to have at least made an attempt to commence a negotiation with that Regency, I declare I cannot account for our Comodores conduct in any way but by supposing that he intends to spend the summer in inactivity & occasionally give convoy, or is jealous lest my presence at the negotiation might diminish his share of the glory atchieved by its success; if the former it no doubt will meet the attention of government as it merits, if the latter I most sincerely hope that his exertions may be crown’d with a success equal to his most sanguine expectations.”
Reports that he sailed from Gibraltar on the Adams on 7 Apr. with a convoy of seven ships, touched at Málaga, Alicante, and Barcelona, and arrived at Leghorn on 29 Apr. “In addition to the many mortifications which I receiv’d since my departure from this place (on the 3rd. of last November) I was sentenced to a Quarantine of fourteen days.” Expresses gratitude for Captain Campbell’s “very polite & hospitable treatment” on board the Adams. “Happy should I be could I extend the same acknowledgment to Comodore Morris, but as every Officer onboard the Chesapeake knows I cannot with propriety, I must request that should he make any charge to government for my table, that he may be refer’d to me for payment, as it is well known, that I am neither in arrears to him in politeness or hospitality.”
Explains that the money mentioned in Morris’s letter is $6,000 “which I advanced him at Malta for the use of the Squadron.” Since a dollar at Malta is worth 5s. 2d. sterling and at Leghorn only 4s. 6d., “by my taking his bills upon this place it has saved the United States 8d on each dollar which amounts on the above sum to $888 88/100.” Encloses a copy of the treaty that he left with Morris, with a literal translation in Italian. “Should [Morris] send for me I will immediately obey the summons if not I will remain stationary until I receive the Presidents further orders.”

   RC and enclosures (DNA: RG 59, CD, Tripoli, vol. 2); draft (NN: Cathcart Papers). RC 4 pp. Docketed by Wagner as received 27 Aug. Printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:398–99. Enclosures docketed by Wagner.

   Cathcart enclosed a copy of Morris’s 5 Apr. 1803 letter (1 p.), which informed Cathcart that Captain Campbell of the Adams would take him to Leghorn and that Morris would notify Cathcart should his aid be required in negotiations with Tripoli. In a postscript, Morris added that he had given Cathcart bills on Degen, Purviance, & Company at Leghorn for the money Cathcart had advanced at Malta.

   For the peace arranged by Carl Gustaf Tornquist, which was rejected by the king of Sweden, see Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:406, 509; and PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:370.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:504–5.

   Cathcart enclosed a copy in English of the proposed treaty between the U.S. and Tripoli (17 pp.). No Italian translation has been found.

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


Title: To James Madison from John Gavino, 5 May 1803 (Abstract)
From: Gavino, John
To: Madison, James

5 May 1803, Gibraltar. No. 120. Has still received no letters from JM. Refers JM to his last, no. 119 of 29 Apr., in which he wrote that Tripoli had declared war against the Netherlands and enclosed his account for the last year. “On the 3d: Instant arrived an Extraordinary Corrier to the Governor from Alicant in 5 days, informing him of the British Consul of Algier Mr. Falcon having got there and was performing Quarantine. He was instantaneous orderd away in an English Brig by the Dey (it is said on account of one of his Servants having been detected in an Entrigue, with a Moorish Woman). He requests the British Trade should be on their Guard as there were Eleven Cruisers at Sea. He had also sent off a Corrier to the British Minister at Paris.” Has no further accounts from Tripoli or from Commodore Morris.

   RC (DNA: RG 59, CD, Gibraltar, vol. 2). 2 pp. Docketed by Wagner as received 11 July.

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


Title: To James Madison from William Eaton, 6 May 1803
From: Eaton, William
To: Madison, James

Sir,
Boston May 6. 1803.
I embarked at Tunis in the schooner Enterprize on the 10th. March, touched at Algiers the 20th.—and arrived at Gibraltar the 23d.: the squadron had arrived the morning of the same day. It was my intention thence to have taken passage to the United States in the frigate chesapeak. But, hearing on the 30th. of the arrival of a ship from Leghorn bound directly to Boston, I asked the Commodore’s advise about taking passage in her. He thought it advisable; because, he said, he did not know when the chesapeak would sail. Consequently I embarked in the Perseverance on the 31. of March and arrived here yesterday—shall proceed on to the seat of government after a few days refreshment. I have the honor to remain with great respect, Sir, your most obedient servant
William Eaton.

   RC (DNA: RG 59, CD, Tunis, vol. 2, pt. 2). Docketed by Wagner as received 13 May. Filed with the RC is a receipt signed by Richard Morris, 29 Mar. 1803 (1 p.), who had received from Eaton “a Turkish Attagan or Sword, Mounted in Gold, and Set with Valuable Jewels,” for which Morris held himself accountable to the U.S.


Title: To James Madison from James Yard, 6 May 1803 (Abstract)
From: Yard, James
To: Madison, James

6 May 1803, Lisbon. “I was lately much surprised at being informed by Some of my friends that Application had been made to our Government to procure me the Appointment of Commissioner under the Treaty lately made with Spain. Altho’ … much flattered by this Testimony of the good opinion of my fellow Merchants yet I regret much that they proceeded without my Concurrence; for Considering myself disqualified for filling that place by the Interest which I have in Claims which may be made under the Treaty I should not have permitted my Name to have been brought forward.” Although it may be unnecessary to mention this circumstance, believes it his duty not to omit it. Thanks JM for the “friendly sentiments” which he has heard JM expressed on his behalf. Notes that he is at Lisbon on his way to Spain, where he has little prospect of success “from Want of the Ingredient which enters very generally into the Negociations of that Country.”“I wonder much that you have not a Minister here. It is a place of real Importance & cannot be too closely attended to as it respects its Commercial Connexion with us.” A great variety of concurring circumstances convince him peace will continue for a while. “The flame will however burst out more violently than ever.”

   RC (DLC). 3 pp.

   In his 11 Dec. 1802 letter to Jefferson recommending Yard as commissioner under the treaty, Justus Erick Bollmann, Danish vice-consul for Pennsylvania, mentioned that a petition in support of Yard’s appointment was being circulated in Philadelphia. Yard, the former U.S. consul at St. Croix, had declared bankruptcy in 1802 because of difficulties with his Spanish business connections (DNA: RG 59, LAR, 1801–9, filed under “Yard”).


Title: To James Madison from John Graham, 7 May 1803
From: Graham, John
To: Madison, James

Dear Sir
Aranjuez 7th May 1803.
You will see from the Dispatches which go by the Gentleman who takes this Letter that this Government have at last given a possitive answer to Mr Pinckneys Representations relative to the occlusion of the Port of New Orleans. I shall rejoice if this Answer reaches you before that place passes into the hands of the French for I am convinced there is but one way left, by which we can now obtain satisfaction. I beg pardon for giving to you my Opinion thus freely; but after having witnessed for more than twelve Months as I have done, the uniform disposition of this Government to take advantage of our Moderation, I should feel myself wanting in the Duties I owe my Country, if I did not tell you, that so far as I could form an opinion, we had nothing to expect from the Justice of this Government. I beleive it may with truth be said, that neither Mr Pinckney nor myself during his absence has made to them a single application, which was unreasonable or improper—yet we have very rarely succeeded, and never, on any important point, except that, secured under the Convention. They refuse to admit their liability to pay us for the Losses we sustained during the late War, from the illegal conduct of Foreigners, under Spanish Authority. They suffer their officers in the Colonies & what is worse, their officers in Spain, to trample upon the Rights, & to distroy the Property of Americans; to our complaints on these Subjects, they pay so little attention, as sometimes not even to Answer them. They have driven from their Ports, the Vessels from our Country, under the plea of avoiding Contagion—when there was no cause for apprehension, and at the very time that they admitted Vessels from other Countries known to [be] infected. All this has not been thought enough by them, to try our Patience & to prove their want of Friendship—for when their Officer at New Orleans (to put it upon the best footing for them) had violated in its most essential Article, the Treaty which binds the two Nations—and when the President of the United States expressed, in a manner the most honorable to Spain, his Confidence that His Majesty would immediately countermand the Order of the Intendant and make such reparation as Justice & a regard for Friendly Neighbourhood might require—so far from coming forward, to meet as it merited this honorable & just Conduct of the President—the Government here thought proper, first to say, that His Majesty would take an Informe on the Subject. Upon being farther pressed, they adopted the half way & to me suspicious measure of suspending the effects, instead of repealing at once the order of the Intendant—they refused to take up the question of Redress until they received information from New Orleans—and now at the end of three Months, (during which we have been labouring to shew them the Injury they had done us, & the many reasons there were, why we should at this time receive a promise of compensation) they tell us, “that our Claim for Redress is vague & unsupported by Treaty that it is founded upon mere interpretations” & by way of shewing their displeasure that we should even complain—the Minister takes care to remind Mr Pinckney, that we ought to look upon the Navigation of the Mississipi, the favour of a Deposit in New Orleans until 98, its continuance after that period, & the revocation (he ought to have said the suspencion) of the Intendants Order, as precious Marks of His Majestys Generous Friendship for the United States. Had this Answer have been given at once, unjust & ungenerous as it is, perhaps the Pacific Genius of our Government might have induced them, still farther to attempt amicable discussion, as it might then have been supposed to proceed from want of information in those who gave it, but now, after three Months of evasion & delay it is impossible to be [sic] beleive this. I say evasion because the Answer now given proves that what was before said, was, but to evade, for if, (as they said), they wanted information from the Intendant it must have been as to Facts—and now they decide upon the Question in such a way as to shew that they do not look upon facts to be at all material to the decision. They now take it up on a general principle, by saying that our Deposit at New Orleans has rested since the Year 98 upon the mere Generosity of the King, & that therefore it is not reasonable he should pay any Damages, because his Officer thought it for the interest of his Sovereign, that the exercise of this Generosity should be suspended. From the Extract of the Proclamation of the Intendant which I presented to this Government, under your Authority, they knew that this was the mode in which that officer accounted for his Conduct. Why not then take up his defence upon that Ground if it was tenantable? Why resort to it now if it is not? But I will not take up your time with my Observations. By connecting the events which have taken place with the correspondence they have given rise to, I think you will see cause for Jealousy & Distrust. For myself I do not hesitate to say that I beleive a plan has been laid to draw into question, & to weaken the foundation of our Rights on the Mississipi. Under this impression I should rejoice to hear that the Standard of the Union was planted on the Walls of New Orleans. Policy dictates the Measure & Justice I think will sanction it. We have been deeply injured & we have sought Redress—it has been refused us in a manner the most grating to our feelings & our Honor & our Interest now call upon us to shew, “that altho we know the full value of Peace, we know our Rights also, & will maintain them.” This is the moment when we can act on the Mississipi with least inconvenience to ourselves & with the greatest certainty of success—for Spain has no means of resisting us—her Treasury is empty—her Credit gone; her Ships without Seamen or Stores, & her Government without Talents or Energy. France would probably see her Interest in keeping out of the Contest & might not take an active part against us—but if she did—we are beyond her reach, for she has no way of transporting an Army to our Country—& so heavy are her expences at Home, that her resources are not equal to the additional burthen of an American War. Independent of this, we may be assured that England will step between us & we know that her Fleets would be to us an effectual protection. At this moment I conceive they are protecting us, if as it [is] said they have prevented Genl Victor from Sailing for Louisiana.
I again ask pardon for giving you my Sentiments so freely. I could have wished to communicate them in Person—but as the present conveyance is a safe one, I give them without reserve. For two Months past I have thought that Negotiations here were useless & have begged most earnestly for permission to go to America or to Paris to take the Dispatches & to make known the reasons upon which I formed my Opinion. Mr Pinckney who thought differently from myself, has refused to let me go to either place & I now remain in Spain, anxiously waiting the Presidents permission to leave it.
As I am sensible that I may feel too warmly for any Injury done to us on the Mississipi & may of course view through an improper medium the events which have lately taken place I have chosen rather to risque the displeasure of my Friends in Kentucky by remaining Silent, than to hazard to them Opinions, which might possibly interfere with the Arrangements dictated by the Wisdom of the President.
I have now only to add, that should our Army be called into Service, I should be happy to join it in any Capacity in which I could be useful: at all events I hope I may be permitted to retire from my present Situation, which from various causes, has long been to me an uncomfortable one. As the Gentleman who takes this Letter is now waiting for it, you will I hope excuse me for sending it in its present form. I beg you will do me the Honor to present me to Mrs Madison and to accept the assurances of my profound Respect & Perfect Consideration.
John Graham

   RC (DLC). Marked “Private.” Docketed by JM. Docketed by Wagner as received 16 Aug.

   This was probably Titus Wells, who also carried Pinckney’s 4 May 1803 dispatch.

   For Cevallos’s 4 May 1803 letter to Pinckney, see Pinckney to JM, 4 May 1803, and n. 2.

   Graham here paraphrased a line from JM’s 18 Jan. 1803 instructions to Pinckney.


Title: To James Madison from Francis Kinloch, 7 May 1803
From: Kinloch, Francis
To: Madison, James

Dear Sir,
Near Georgetown May 7th. 1803
I return you many & very sincere thanks for your kind attention to my request: the passport, accompanied by the few lines you were so good as to add, was exactly what I wishd. The accounts I have lately receivd from Switzerland have in some measure affected my plan, & it is probable, that instead of going to Geneva, I shall proceed towards Paris, & remain at Tours—Blois or Orleans for the winter, as I may find either place best calculated for the health & amusement of my Wife, & the education of my children. The Vessel on board of which I have engaged my passage is not arrived from Bordeaux, & will be detaind about three weeks after it’s arrival, so that I shall not in all probability sail before the 1st of July: Should you about that time have any dispatches, which You may wish conveyd to any of our Ministers in Europe, be pleasd to accept of my services on the occasion: I had once the honour of being known to the President, & Neither the time which has since elapsed, nor the circumstance of my having been prevented by causes not to be controul’d from paying my respects to him, when it was otherwise possible, can have so far affected his mind towards me, I trust, as to render him cautious of entrusting any dispatch of consequence to my care.
It is perfectly unnecessary, I know, that I should give You my political creed; something however like a sentiment of honour & of honesty compells me to say, that my opinion; formd in the cool shade of retirement, has upon some important occasions differ’d from Your’s, & from his. I have considerd the French Revolution from it’s commencement as replete with danger to all that was valuable in Society, & the present usurpation as the first dawn of a return to that sort of good government, of which alone the French nation is capable: England, which has had so few of the good wishes of America on it’s side, has been in my eyes the chosen instrument of Providence in the defence of mankind, & I have considerd that gallant nation as acting upon a great scale the part of Sir Sydney Smith in the Breach at Acre. As to the late Measures of Government with respect to Louisiana, be assured, that they carried along with them the approbation of almost every man in this country whose approbation is valuable, & that such minds are not to be misled by the enthusiasm of any one man, or the forensick elocution of another.

It grieves me in quitting my country, as I shall do soon, to leave it so divided in political sentiments. The malignant nature of the differences between Whig & Tory seems in some measure revived, & the seeds of all that happend to Poland, & of a state as defenceless as that of Switzerland are but too visible.
Excuse me for this intrusion of sentiment & of opinion, & believe me to be with every degree of respect & esteem—Dear Sir, Your Most Obedient Servt
Francis Kinloch

   RC (DLC).

   JM’s reply to Kinloch’s 5 Feb. 1803 letter has not been found.

   Sir William Sidney Smith’s defense of Saint-Jean-d’Acre during Napoleon’s siege of the city from 19 Mar. to 21 May 1799 saved that vital Mediterranean port for the British (Alfred Thayer Mahan, The Influence of Sea Power upon the French Revolution and Empire, 1793–1812 [2 vols.; Boston, 1898], 1:299–302).


Title: To James Madison from Rufus King, 9 May 1803
From: King, Rufus
To: Madison, James

No. 96.
Sir
London May 9. 1803
Lord Whitworth was ordered to leave Paris on the Evening of the 3d. instant, unless the French Government should have signed a Minute by which it should be agreed that the English should continue the Military possession of Malta for ten years; that the Island of Lampidusa should be ceded to them for ever; and that the French Forces should be withdrawn from Holland.
On the morning of the 3rd. Lord Whitworth received Mr. Talleyrand’s Answer, stating that the Island of Lampidusa not belonging to France the first Consul could neither give his consent nor dissent to its being ceded to England.
That the demand to occupy Malta for Ten years being repugnant to the settlement at Amiens was inadmissible: were it otherwise the consent of Holland and Spain, Parties to the Treaty of Amiens, would be necessary, and were even all the Parties agreed, still the Guarantying Powers should be consulted.
That the french forces would be withdrawn from Holland as soon as England had evacuated the Possessions engaged to be evacuated by the Treaty of Amiens.
Instead of sending Lord Whitworth his Passports which he had demanded on the preceding day, on the evening of the 3rd. Mr. Talleyrand proposed to him that the military possession of Malta should be given to Russia, Austria or Prussia, as England might prefer.
In consequence of this offer Lord Whitworth postponed his departure, and sent a Messenger with the proposal to England, where it arrived and employed the deliberation of the Cabinet on Saturday the 7th.: the result was a disapprobation of Lord Whitworth’s conduct in remaining at Paris, and a new order to leave it in 36 hours after the return of the Messenger, unless the french Government should have signed a Minute by which it should be agreed—1st. That Malta should be occupied by the English forces until measures should be concerted between France and England for its complete independence, the occupation by the English to be limited, by a secret article, not to exceed ten years.
2nd. The Consent of the King of the two Sicilies, who is Sovereign of Lampidusa, being obtained, that no objection should be made by France to the occupation of the Island by England.
3rd. That the French forces should be immediately withdrawn from Holland.
The Messenger with this order left London on the night of the 7th. instant, and will probably reach Paris this Evening, so that Lord Whitworth must leave Paris the day after Tomorrow, unless the Demands of England be granted. Here the opinion is almost universal that they will be refused, and a Messenger from Lord Whitworth with this information is expected to arrive on the 13th.
In this critical state of affairs, tho’ with some expense to the public, by the detention of my Ship, as well as much inconvenience to myself and family, all our Baggage being embarked, I think it my duty to prolong my departure, as, in the event of war, it is of material consequence that we should endeavour to prevent those irregular orders that might prove vexatious to our Commerce. With perfect Respect and Esteem I have the honour to be, Sir, Your mo: ob & faithful servt
Rufus King

   RC (DNA: RG 59, DD, Great Britain, vol. 10); FC (NHi: Rufus King Papers); letterbook copy (ibid., vol. 55). RC in a clerk’s hand, signed by King. Docketed by Wagner as received 5 July.


Title: To James Madison from Albert Gallatin, 9 May 1803 (Abstract)
From: Gallatin, Albert
To: Madison, James

9 May 1803, Treasury Department. Encloses a copy of a letter from the collector at Norfolk “together with two depositions transmitted by him, respecting the illegal proceedings exercised in Hampton Roads” by the British frigate Boston against the French ship Anne.

   RC and enclosures (DLC: Gallatin Papers). RC 1 p. In a clerk’s hand, signed by Gallatin. Docketed by Wagner. For enclosures, see n. 1.

   In the enclosed 3 May 1803 letter to Gallatin (1 p.), William Davies wrote that since the testimony of the pilots on board the two vessels was probably the most impartial, he had ordered them to make statements before a notary. He enclosed the 30 Apr. 1803 depositions of pilots Robert Leggett (4 pp.), who had been aboard the Anne, and Edward Rudd (4 pp.), who had been on board the Boston, concerning the events of 1 Apr. The two pilots corroborated the version of the incident contained in Pichon’s 18 and 19 Apr. letters to JM. Both Leggett and Rudd stated that armed men from the Boston had taken Capt. Henry Smith and the sailor on board the frigate. Rudd said that Captain Douglas had stated his intention to have fired on the Anne had the opposition continued, had ordered the boats from the Boston hoisted, and had left Smith to get aboard the Anne “as he might.”


Title: To James Madison from John Graham, 10 May 1803
From: Graham, John
To: Madison, James

Sir
Aranjuez 10th May 1803
A Stranger to the President & almost unknown to yourself, I fear, that I might possibly expose myself to the charges of Indelicacy & Presumption were I to state to you, the reasons why I wish to retire from my present situation; and yet to ask permission to do so, without assigning them, seems to discover a want of Manliness, & an insensibility to the Honor which has been done me. In this dilemma I have hesitated what to do, for I felt that I was delicately situated. Not that it was a matter of any kind of consequence to the Administration whether I continued in their Service or not; but that it was of the deepest importance to me, not to do any thing by which I should deserve to lose their good opinion. Under this view of the Subject, I have thought that I should act most consistently with my various obligations by resigning my Commission without assigning my reasons for doing so, confidently hoping that the President & yourself will suspend your opinions as to my Conduct, until Circumstances permit me, to lay open to you the motives which directed it.
In thus retiring from the Service of an Administration to which I owe so much, I feel it my Duty to say that their Conduct towards me has been perfectly unexceptionable, and I shall always be proud to avow my opinion, that their Instructions to this Mission have been well calculated to support the Honor & the Interest of the United States. My Motives for saying this, will not, I trust, be called in question when I declare that I neither solicit, nor do I expect to receive any other appointment from the Government—if they chose to employ me I shall feel myself bound to serve them to the best of my ability; but at the same time I am candid in saying, that I wish not to remain in Europe for more than one or two Years, nor am I desirous of being attached to any of our Missions, even for that time, except to the one in London.
Permit me to request that you will make to the President my most grateful acknowledgements for the Honor he has done me, by giving me the Commission which my own sense of propriety obliges me now to resign, and assure him that whether I continue in the Public Service or not, I shall ever retain a high sense of the Obligations I owe him. With Sentiments of the most profound Respect & perfect Esteem I have the Honor to be, Sir Your Mo: Obt Hble Sert
John Graham

   RC (DNA: RG 59, DD, Spain, vol. 6A). Docketed by Brent as received 22 Aug.


Title: To James Madison from Stephen Moylan, 10 May 1803
From: Moylan, Stephen
To: Madison, James

Sir
Philadelphia May 10th. 1803
Late Storms have made sad inroads on the aged building I now occupy, the fence round the flat over the Kitchen is carried away with the spout wich conveyed the rain water, from the building, and on Sunday morning last 4 out of 8 of Lombardy poplars, I had last spring twelvmonth planted about the house were by the weight of snow broke down, as I planted the trees for my own convenience to shade the office, I made no charge, but the flat must be inclosed anew and the Spout restored, otherwise the rain will inevitably ruin the walls, I am sorry Sir I have not a pleasanter subject at present to expatiate on but you may assure yourself I will have the repairs made at as small expence as possible and that I am Sir your obedient servant
Stephen Moylan

   RC (DLC).

   In early May of 1803 Philadelphia experienced unusually severe weather. On the morning of 7 May ice “of the thickness of a dollar” formed, and that night “there was a fall of Snow which did considerable damage to the vegetable world. The Lombardy Poplars, in the streets and gardens of this city, were generally injured.” The weight of the snow bore down some trees entirely, and most others were stripped of their tops and main branches (Philadelphia Gazette of the U.S., 9 May 1803).

   Moylan was the tenant in Dolley Madison’s Philadelphia house (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 16:353 n. 1).


Title: To James Madison from DeWitt Clinton, 10 May 1803 (Abstract)
From: Clinton, DeWitt
To: Madison, James

10 May 1803, Newtown, Long Island. Introduces John M. Goetschius, a citizen of New York, who “is a man of fair character and good political principles.”

   RC (DLC). 1 p. Signature clipped.


Title: To James Madison from William Jarvis, 10 May 1803 (Abstract)
From: Jarvis, William
To: Madison, James

10 May 1803, Lisbon. Last wrote on 8 Apr. enclosing his letter to Almeida regarding Snow’s residence on Macao and the reply. Has since forwarded a letter from Pinckney and one from Simpson. Has forwarded three government dispatches to Pinckney via the post. Encloses a copy of his letter “of Yesterday’s date” to Almeida requesting “entire copies” of the documents of the Aurora and the Four Sisters. “A Paragraph in a late English Newspaper states the affair of the Mississipi to be settled by Mr. Livingston entirely to his satisfaction. I could have wished that information … had come in a less questionable shape; but should it prove not to be the fact, I have no doubt the wishes in this respect of every friend to his Country will shortly be realized to the utter discomfiture and confusion of the enemies of the Government.” Lisbon still fluctuates between hope and fear relative to the question of peace or war. At present the public mind favors the former in consequence of observations recently made by Addington in Parliament. “A Crude report has been whispered by the English of some difficulties existing between this Country & England & France relative to Macao.” It is rumored that Portugal ceded Macao to France in a secret negotiation, to which the British cabinet objected. If true, this would account for the refusal to allow Snow to reside there. As the rumor “cannot be traced to any tolerable unexceptional Source,” he doubts its authenticity. He mentioned it to “one or two who ought to have known of it had it been a fact,” but they have disclaimed all knowledge of the transaction in such a manner as to convince him of their sincerity. The rumor has been the “occasional topic of conversation for 6 Weeks & has recen⟨tly⟩ been revived.” General Lannes “last week” sent his servant to the prince regent with a letter. The servant went farther into the palace courtyard than etiquette allows, and when the attendants did not take the letter, he threw it to the pavement and rode off. After he left, the letter was picked up and carried to the prince. It was expected the government would insist on the servant’s being punished; instead “the thing has been entirely hushed up.” “The Intendant of the Custom-house has lately been changed, it is supposed at the desire of the General, but the Government have given him a much higher office and the title of Count. Since the ceremonial visit of the Ambassador & Don John de Almeida no personal communication has taken place between them; and it is understood that their reconciliation is not attended with much Cordiality. Was those bickerings to take place between the Ministers of powerful and great Nations I should view it as the forerunner of a Storm, that might be felt in the remotest Corners of Europe: but here the most that can be apprehended is the sacrifice of a Minister to satiate the Vengeance of the angry Deity.” Adds in a postscript that he encloses a copy of a letter from O’Brien received “by to days post.”

   RC and enclosures (DNA: RG 59, CD, Lisbon, vol. 2). RC 3 pp. Docketed by Wagner as received 21 July. For enclosures, see nn. 1 and 3.

   Jarvis enclosed an undated copy of his letter to Almeida (3 pp.; docketed by Wagner), in which he acknowledged receipt of Almeida’s 27 Jan. 1803 letter with extracts of the proceedings against the Aurora and the Four Sisters. He stated that nothing short of the entire proceedings, with all the evidence and related documents, would suffice for the lawsuit pending in New York and asked Almeida to order the papers sent to a notary so complete copies could be taken. In support of his request, Jarvis sent Almeida a commission issued by the supreme court of New York.

   In the 11 Mar. 1803 parliamentary debate on the question of increasing the strength of the British navy by ten thousand men, Addington had stated that the additional preparations were recommended “solely with the view to the continuance of peace” (Parliamentary History of England, 36:1174, 1179).

   In his 19 Apr. 1803 letter to Jarvis (1 p.; docketed by Wagner), O’Brien reported that Commodore Morris and Eaton had arrived at Algiers on 20 Mar. in nine days from Tunis after having paid the dey $22,000. “Whether this was public or private debt I cannot say.” He conveyed a report from Davis, who was charged with U.S. affairs at Tunis, that fifteen corsairs were ready to sail, supposedly to attack Sweden’s merchant ships, since the warships of that country had withdrawn after the peace with Tripoli. “The Dey says he will have patience & await the stores from the United States,” O’Brien wrote. “I hope the Squall on the Mississipi will not retard the Stores.” He added that Tunis persisted in its demand for a frigate, nine Algerine corsairs sailed on 7 Apr., and “France has acquiesced & promised to send the usual presents.”

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


Title: Memorandum from Thomas Jefferson, 10 May 1803 (Abstract)
From: Jefferson, Thomas
To: Madison, James

10 May 1803. Directs JM to issue commissions to Samuel Ward of Massachusetts to be naval officer for Salem, Massachusetts; Samuel Osgood of New York to be naval officer for the district of New York; Jeremiah Bennett, Jr., of New Jersey to be collector of customs for the district and inspector of the revenue for the port of Bridgeton, New Jersey; and George House of Connecticut to be master of a revenue cutter.

   RC (MH); FC (DLC: Jefferson Papers). RC 1 p. Check marks have been placed to the left of each name on the RC. Ward’s, Osgood’s, and Bennett’s appointments were approved by the Senate on 15 and 18 Nov. 1803 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:455, 456). For George House, see House to JM, 3 May 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:141 and n.).


Title: To James Madison from Unite Dodge, 11 May 1803 (Abstract)
From: Dodge, Unite
To: Madison, James

11 May 1803, Cap Français. Has written JM several letters since Lear’s departure and hopes they came to hand. Last wrote on 25 Dec. 1802 [not found]. “Not having received any Letter or communication of any kind in answer … has detered me from writing so frequently as I other wise might have done.” Refers to his first letter of 20 and 30 Apr. 1802, in which he informed JM that Lear had given him power of attorney to act in Lear’s absence and had presented him to the civil and military authorities before Leclerc’s refusal to acknowledge Lear as U.S. agent for Saint-Domingue. “As a consequence of that power and Introduction, I have been considered, by many of the aforesaid Authorities, on various occasions, as the legal agent of the United States and have had several Letters addressed to me in that capacity from them.” Communicated the subject of one such letter to JM in his 6 May 1802 letter. The others were private concerns and “not of sufficient consequence” to trouble JM. “I must now observe that in consequence of Coll Lears procuration most of the american Merchants and … masters and Seamen who have wanted my aid and advice as agent of the US have never hesitated calling on me for it, And I can truly affirm, that I have always done every thing for them to the extent of my Knowledge, influence and abilities; and … that they have and do continue to give me infinite trouble—particularly the Seamen. This, Sir, compells me … to state a fact, which has but just now come positively to my knowledge.
“There are three or four American Merchants resident here, who are in the habit of forward’g to their correspondents in the United States, Drawback Certificates in which they certify that ‘there is no legally authorised Consul (or agent) of the United States in this City.’ This is the more remarkable since it is well Known that I never have been absent one day, and those very persons always have applied to me for my certificate to every other public Instrument of writing as also to many of their own Certificates of Drawback, which they have forwarded to the United States—and this is as often required by frenchmen themselves as our own Citizens: I this day saw one of those Drawback Certificates—signed Robt. Stevenson & James Williams for Goods shipped at Philada. or Baltimore: It may therefore be necessary to make me some communication by which I may be able to shew in what light I am considered by the President of the United States, that if it is his Excellency’s Intention that I shou’d continue to act in virtue of Colol. Lear’s procuration, I may be enabled to establish its legality to such American Citizens as are pleased to question it.”

   RC (DNA: RG 59, CD, Cap Haitien, vol. 4). 4 pp. Docketed by Wagner as received 6 June.

   See Dodge to JM, 20 Apr. and 6 and 23 May 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:147, 192, 246–47).

   Dodge’s letter of 20 Apr. 1802 includes a 30 Apr. postscript.

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


Title: To James Madison from Robert Smith, 11 May 1803 (Abstract)
From: Smith, Robert
To: Madison, James

11 May 1803, Navy Department. Encloses for JM’s information a copy of a letter to Mackenzie and Glennie, navy agents at London, “containing general instructions for the liquidation of claims against the U States, for supplies that may be furnished any of our Public ships by any of his Britannick Majesty’s Agents—also directions for the payment of an account enclosed to you in a letter from Edwd. Thornton Esqr dated 3 ins. [not found].”

   RC (DNA: RG 59, ML); letterbook copy (DNA: RG 45, Letters to Secretary of State). RC 2 pp. Docketed by Wagner. The enclosure was doubtless a copy of Smith’s 10 May 1803 letter to Mackenzie and Glennie ordering them to pay an account for supplies issued to the Boston and authorizing them to settle accounts for supplies furnished to U.S. ships upon presentation of official receipts by British agents. He also ordered them to notify the commissioners of the victualing board of this regulation (DNA: RG 45, Misc. Letters Sent).


Title: To James Madison from Charles Pinckney, 12 May 1803
From: Pinckney, Charles
To: Madison, James

Dear Sir,
May 12: 1803 In Madrid
I have this moment had your letter of March 22nd. brought to me, which is the first I have received since the 18th. January. I am just in time for the Post, which goes in a few hours for Cadiz, to endeavour to send you this as a private & unofficial letter, by Mr. Wells, who carries my other Dispatches. I trust you have before this received my letters covering Mr. Cevallos’s, informing me that in consequence of my second representations an order would be issued to restore the Deposit at New Orleans, & the other covering the secret article of the Treaty of Saint Ildefonso, which restores Louisiana to the French, subject to the conditions of the Treaties with other Powers made by Spain while she held that Country. This secret Article, I might be said to have drawn out by force after a year’s different attempts in every form I could think of. I instantly remitted it to Mr. Monroe & Mr. Livingston by several conveyances, & I received last night a letter from Mr. Livingston, acknowledging its receipt, and saying “the intelligence you communicate of the Treaty of Saint Ildephonso is very important to us & has arrived in time to be made use of in the negotiations which are now on foot between us”—which shews he had not been able to get it from the French before. He however writes me he has good hopes of success, which I devoutly pray for, as he informs me he is decidedly of opinion there will be war, & that he thinks I may expect it very shortly between France & England. In this state of things it will be our policy of course to be neutral, & I believe we begin to be so well known at present in Europe, that they will be content to let us be so. The spirit shewn by our Country, in the business of New Orleans, has had a very good effect in raising the national Character in Europe, & I hope will prevent agression in future.
I wish very much to know what have been the damages sustained by our Citizens during the prohibition. You will find how far & how very much I have pushed this point—in a conference a day or two since with the Prince of Peace, he again assur’d me it should be satisfactorily arranged, but until I receive some thing in writing, pledging themselves to do so, and fixing the mode, I shall continue to doubt their inclination to do so.
I find by your letter of the 22nd. that the Convention I signed with this Country, is to be submitted to further negotiation, on the ground, I suppose principally, that it did not include the Claims for French Captures. Your letters, to which the only one I have received refers, have not yet come to hand, & therefore I only know it is to be submitted to further negotiation, & that with some alterations respecting the mode of appointing to Vacancies in the Commission, extending the time at the discretion of the Board, to two years, equalizing the Compensation, altering the Terms “Excesses of Individuals,” & the expression respecting Testimony—I am to persevere in obtaining redress for the French Captures & wrongs permitted to be done by French Cruizers & Tribunals, which will certainly produce, if obtained, an alteration in the whole Convention. I have been for some time endeavouring in every conversation I have had, to obtain a promise to include the arbitration of the French Captures, but without effect, for it may be necessary here to state, that although Mr. Cevallos, did positively, in one of his letters last summer, promise to include them, if I would add the words “segun los principios que constituyen la moralidad de las acciones,” yet that very day, or a very short time after, when I had some inclination to add the words & take the clause with that addition he flew the way, & would not agree to it. I was therefore obliged to take the Convention such as it was, or none at all, & as it gave up nothing, secured very important & extensive Claims, & opened the Door to others, I always hoped the Senate would have ratify’d it conditionally, striking out the 6th. Article, & annexing one including the Claims for French Captures & condemnations, & ordering me in very strong & decisive terms to tell the Government here that they were determined to have the whole or none—had this been done, I believe they would consent, & as I suppose the arbitration for the French Captures & Condemnations not being included was the principal objection to ratifying it at the present Session I shall now take that Ground & insist upon their being included, even if I am obliged to add the words he proposed to annex, & which I have already quoted. I shall also consider myself as not at liberty to sign any Convention which does not include them in some manner that I think may be acceptible, but as this subject is one of the most grating & disagreeable that can be to the Spaniards, & as they consider it so extremely hard to be obliged to pay for the French condemnations, I wish to know your positive instructions, whether I am to make them an indispensable part of the Convention, & not to sign or agree to any which does not include them in some shape—this is the ground I take at present, & as the Spaniards are not very quick in any of their Negotiations, & are particularly crowded with business, at this time when they expect war between France & England, & of course that they will be involved, it is not improbable—Your instructions may reach me before I conclude the business. Should War take place, it is then very probable I shall succeed, & I shall govern the stile of my representations by the probability or improbability of a rupture.
I informed you in my last, I had prevailed upon them to take off the Quarantine on our Vessels, & I could wish something could be done to obviate the consequences of reports from our Country of the existence of the Yellow Fever every Summer.
After having succeeded in the affair of the Deposit of New Orleans, & in drawing from them here the secret Article of the Treaty of 1800, which restores Louisiana subject to the conditions of subsequent Treaties made with other powers & covers our Rights, it would be very pleasing to me to succeed in the Convention & in the including the Claims for French Captures & Condemnations in Spanish Ports: I will attempt it, or rather repeat my attempts in every possible mode that may seem to promise success, and give you the earliest information.
I have sent you some time since my observations on the Trade of the Italian States with the United States, which you have not yet acknowledged the receipt of; and makes me fear it may have miscarried.

It is this moment reported here that War is declared between England & France. If this is true I shall have very good hopes of Success both in Paris & in Madrid.
Please present me in the most respectful & affectionate manner to the President & remember me to all our friends & Bel[i]eve me always dear sir With sincere friendship & respectful Esteem Yours Truly
Charles Pinckney

   RC (DNA: RG 59, DD, Spain, vol. 6A); duplicate (DLC). RC in a clerk’s hand, except for the last two paragraphs, complimentary close, and signature by Pinckney. Docketed by Wagner as received 14 Aug. Duplicate dated 14 May; docketed by JM.

   Pinckney referred to JM’s second letter of 22 Mar. 1803.

   See Pinckney to JM, 6 July 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:375–78, 380 n. 1).

   Filed with the RC is a copy of a 23 May 1803 letter later sent by Pinckney to Cevallos (5 pp.) reporting that the U.S. was unable to consent to the convention in the form submitted and detailing American objections to the convention. Pinckney also submitted a projet of a new convention to Cevallos (letter and projet printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:599–602).

   Pinckney’s report on U.S. trade with Italy has not been found.

   This paragraph is omitted in the duplicate.


Title: From James Madison to Edward Livingston, 12 May 1803 (Abstract)
From: Madison, James
To: Livingston, Edward

12 May 1803, Department of State. “The letter of which the enclosed is a copy was transmitted to me by the American Minister at Paris, with a view that the enquiries therein solicited might be made. Not knowing to whom I might apply for this purpose with a greater probability of their being successfully made than to yourself, I beg you to obtain for me such information upon the subject, as may be in your power.”

   RC (NjP: Edward Livingston Papers); letterbook copy (DNA: RG 59, DL, vol. 14). RC 1 p. In Wagner’s hand, signed by JM. Cover addressed to Livingston as “Mayor of the City of New York”; franked by Robert Smith. Docketed by Livingston, “Secy of State / Information respecting Rotenburg for Count Cobenzel.”

   JM doubtless enclosed a copy of Count Cobenzl’s letter to Robert R. Livingston, 26 Apr. 1802, asking Livingston to help ascertain the whereabouts of Jean-Baptiste Entrig, a native of Rothenburg who had been a merchant for many years in New York, adding that Entrig’s relatives had heard nothing of him in a long time and had no idea whether he was living or dead (DNA: RG 59, DD, France, vol. 8A; 1 p.; in French).


Title: From James Madison to Edward Thornton, 12 May 1803 (Abstract)
From: Madison, James
To: Thornton, Edward

12 May 1803, Department of State. “The Secretary of State has the honor to acknowledge the receipt of Mr. Thornton’s letter of the 3rd. inst. and to enclose him a copy of an order given by the Navy Department to its Agents in London, requiring them to pay the account for supplies furnished by His Britannic Majesty’s agent at Malta to the American frigate Boston, and also to liquidate such others as may hereafter accrue for similar expenses.”

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

   Letter not found.

   See Robert Smith to JM, 11 May 1803, and n.


Title: To James Madison from John Norris, 12 May 1803
From: Norris, John
To: Madison, James

Letter not found. 12 May 1803, Salem, Massachusetts. Acknowledged in JM to Norris, 2 June 1803 (DNA: RG 59, DL, vol. 14). Inquires about the compensation paid by the claims commission under the Spanish treaty for the claim of Captain Ingersoll.


Title: From James Madison to Isaac Hite, 13 May 1803
From: Madison, James
To: Hite, Isaac

Dear Sir
Washington May 13. 1803
I have been thus long detained from the pleasure of my intended trip to Orange; and it is still somewhat uncertain when I shall be permitted to start. As it is possible that the posture of the business in my department may continue to make my presence here proper, untill I can receive a few lines from you, be so good as to tell me what will be the last day to which your stay in our neighbourhood can be delayed. I shall be glad to learn from you also what has been done towards an adjustment of our family affairs, and what is the prospect with regard to them. Any other circumstances within the sphere which interests me, which you can take the time & trouble to mention, will be acceptable.
War in Europe is still the topic, and with some the hope of the day. The accounts of its having commenced, are not true, but the event is looked for every moment, on very probable grounds. It is said that Mr. Monroe had arrived at Havre, before the latest information was recd. from France. In the Aurora it is stated that letters sent in the vessel wch. carried him, had been answered to correspondents in Philada. There is so bare a possibility, considering dates & circumstances, that his passage could have been so quick as to consist with the fact, that I discredit it.
The elections in the Eastern States have not fulfilled the wishes of the friends to the Administration; but they have been influenced by the greatest possible exertions & the most elaborate artifices of its opponents; & on the whole are very little discouraging. In N. York where a severe push was also made from the same side, the event has gone beyond our most sanguine calculations. In general the political horizon augurs favorably. Present us dutifully to my mother, & with due regards to all around you, be assured of the sincerest esteem & attacht. of Dr. Sir Yrs.
J. Madison

   RC (InHi). Addressed to Hite at Orange Court House, Virginia.

   The report was in the Philadelphia Aurora General Advertiser of 11 May 1803.