Title: To James Madison from Christopher Gore and William Pinkney, 15 July 1803
From: Gore, Christopher,Pinkney, William
To: Madison, James

Sir,
London July 15th. 1803.
We have the Honor to transmit herewith enclosed an alphabetical List of 467 Awards made in 300 Cases by the Board of Commissioners under the Seventh Article of the British Treaty, amounting in the whole to the Sum of £1,083,990.3.8 Sterling. This List comprehends all the Awards against the British Government executed since our re-assembling in February 1802. and will be found to exhibit so complete a View of them as to render further Explanation unnecessary. It will perhaps be thought advisable to publish it in the United States in its present or some other Form for the Information of the parties concerned.
Subjoined to the List is a View of the unfinished Business now before the Board, from which it will be seen that on account of a few cases, in which the judicial Remedy is not sufficiently advanced to admit of our acting upon them definitively, it is no longer possible to calculate on the closing of the Commission in the course of the present Summer. We had entertained a Hope that the means employed by the Board, and by ourselves individually, to urge the parties and those concerned for them to a diligent prosecution of the Treaty Claims before the Courts would have enabled us to bring to an end, in Time for our immediate Return to the United States, this long protracted and vexatious Business, to which nothing but a strong sense of Duty could have induced us to devote ourselves so far beyond any period our convenience or Inclinations would have prescribed to us. It has eventually appeared, however, that altho’ by extraordinary Efforts much has been done, the legal Proceedings in a small Remnant of these Claims cannot, in Season, be brought to that point at which the British Commissioners think themselves authorized (as heretofore explained) or will consent to take Cognizance of them. We have therefore no choice but either at once to close the Commission upon these Claims (which we do not think ourselves warranted to do upon our own authority merely) or to defer our final adjournment for a Short Time longer. It is proper to add that, with the exception of two or three of these Cases, they wait only for the Reports of the Registrar and Merchants, which cannot be long with held, and for the Confirmations of these Reports, which are pretty much of course; and that, as we have already decided the greater part of them provisionally, and shall probably so decide the Remainder before the 1st. of August, the Board will certainly meet with no obstacle to its Dissolution after a few Months.
There is also Subjoined to the List an Abstract of the only Award made by the Board since February 1802. against the American Government—to which, from the present State of the British Claims, it does not seem probable that there will be any considerable additions.
As the Duties arising out of the Trust confided to us seem at length to be approaching to a conclusion, we beg leave to avail ourselves of this occasion to request that our Claim to an Outfit in our Character of American Commissioners, which the State of the Commission has heretofore prevented us from urging, may be submitted to the consideration of the President and if he shall think proper, to Congress.
In support of this Appeal to the Justice of the Government we will trouble you with a very few words.
It can hardly be doubted that our appointment was originally such as, in Reference to its Importance and the Situation in which it unavoidably placed us, as well as by analogy to other Missions, to require an Outfit. It compelled us to take up our Residence, with our Families, in London, where any Plan of Living to which we could reasonably be expected to Submit, even without Regard to our public Station, must necessarily exhaust a larger Salary than ours in ordinary annual Expenditure; and where, without an Outfit, the first year’s Salary must be completely Sunk in those preparatory Charges, which an outfit is intended to defray. This would inevitably happen in the most favorable Times; but it is well known that, however great the Expence of Living in London in 1796, the Period with a view to which our Salaries were ascertained, it afterwards encreased to a Degree so extravagant and unexampled as to render even liberal Incomes unequal to the new Demands upon them. This last Consideration becomes peculiarly important, when it is remembered that we undertook this Trust upon a firm persuasion, reasonable in itself, encouraged by the Government, and calculated on by all Parties, that it would not require more than three Years at the utmost for its complete Execution. But the Difficulties in America under the Sixth Article of the Treaty, by reason of which our Functions under the Seventh Article were suspended at a Moment when all our own Difficulties had been Surmounted and the successful Termination of our Labors was soon to be expected, have eventually made it necessary that instead of three years, which from the Time actually employed in the Examination and Decision of the Complaints preferred to the Board it is now manifest would have been amply sufficient, we should give to it nearly eight, each of them more expensive and burthensome than the former! Thus, exclusive of the Sacrifice of our Time and personal Comfort, to an extent which had not been anticipated, and which it would not now be easy to overrate, we have been forced, by a supervening State of Things, not in the view of the Government or ourselves, and by a Duration of our Employment, which not only was not foreseen but would not have existed but for the Interruption given on the part of the Government of the United States (wisely and properly no doubt) to another Commission with which we had no concern, to submit not only to a continuation, for five years more than had been contemplated, of the pecuniary Sacrifices, which the original Insufficiency of our Salaries had at all Times imposed upon us, but to a great and progressive Addition to them.
Whatever may be thought therefore of our Claim to an Outfit, as a Claim in the first instance, upon which the Government did not so far as we understand at any Time decide, but which the Nature and Character of our Mission always seemed to us to justify, it appears to be certain that subsequent Events have placed it upon such unquestionable Grounds as to authorize us to Trust that it will now be acknowledged. An Outfit, it is obvious, could not do more than put us upon an equal Footing with the Commissioners under the Sixth Article, and will not in fact do so much. Speaking each of us for ourselves, we declare that it will not indemnify us for our actual unavoidable Disbursements beyond our Salaries.
Under these Circumstances, we have the most entire Confidence that the Government will see in our Claim the Justice we ascribe to it. We have the Honor to be, with great Consideration and respect, Sir Your most obedient & humble Servants
C. Gore
Wm. Pinkney
P. S. In the List of Awards we have omitted to take notice of the Costs which will, in general, be receivable, by the Agent of the United States for the use of the Government. But they are particularized in the Reports of our Assessors of which copies will be forwarded to the Department of State. These Costs will undoubtedly amount to a very considerable Sum—to the whole Extent of which (altho’ the Awards themselves are payable by Instalments) the Agent will be immediately in Cash.
It is probable too that the Government will derive advantage from the numerous adventures of Mariners made payable to the Agent of the United States, of which it is presumable a great part will find no Owners. These also appear in Detail in the Reports of the Assessors. How far it may be proper to take measures, in aid of such as the Agent will doubtless adopt, in behalf of this Description of Claimants, with the view of discovering them or their Representatives, of giving them notice of the Sums due to them, and of facilitating their payment, will be for the consideration of the Government.
P. S. July 18. It may be proper to mention that the Awards are now and have been since the 15th. in a course of payment.

   RC (DNA: RG 76, Great Britain, Treaty of 1794 [Art. 7], Papers Relative to the Commissioners, vol. 4); RC (DNA: RG 76, Great Britain, Treaty of 1794 [Art. 7], Unbound Records). Second RC marked “(Duplicate.)” with the notation: “Original, with List ⅌ Mr. Wallace in the Pigou via Philada.”

   Enclosure not found.

   On the second RC an asterisk was placed here and a note appended in the bottom margin: “[*42 Amer. and 31. Brit. Cases.]”

   On the second RC an asterisk was placed here and a note appended in the bottom margin: “[*In the case of the William Jas Legget Mr. sov 12,474 Drs. 93 Cts.]”

   For the suspension of the commission provided for under article 6 of the Jay treaty, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 1:8 n. 2.


Title: To James Madison from John Gavino, 15 July 1803 (Abstract)
From: Gavino, John
To: Madison, James

15 July 1803, Gibraltar. No. 124. Confirms his last dispatch, no. 123 [18 June 1803], enclosing a letter from Simpson. “I now transmit you another from said Gentleman, who applied to me for some Rice for the Emperour. None being for sale in the Place, I sent him two Tierces of what was in store for Supplying the Squadron.” Has no further accounts of Commodore Morris or the detained ship. The governor of Tangier wrote to his agent for details, but “the Commodors Letter on the business to Consul Simpson is all that has reachd this Place.”
“Capn: Scamiche in the Portuguese 74 is returnd from Landing his algerine Captives at Lagos, & is preparing to go on another Cruise off that Port. The ship Courtney of Norfolk Cap. Fitzhugh saild from hence a few days ago for said Port, when it seems [she] was brought too in the Gutt by the British Sloop of Warr Bitterel Cap: Corbett, & two days after James Cutfourth Navy Victualler at this Place calld on me with the Ships Register and a Message from said Cap: Corbett saying that at the time Capn: Fitzhugh was on board another Ship came in Sight which he was desireous to Examine, that in the hurry Cap: Fitzhugh & himself did not observe that said Register was left on the Table, which he Noticed some time after, and as such sent it me, & I now transmit same to Mr. Willm: Pennock of Norfolk the Owner of the Ship.” Adds in a postscript: “Several Danes & Swedes brought in for adjudication being bound to & from the french Ports.”

   RC (DNA: RG 59, CD, Gibraltar, vol. 2). 2 pp.

   Gut: a channel or run of water; in this case, the Strait of Gibraltar.

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


Title: From James Madison to Isaac Hite, 16 July 1803
From: Madison, James
To: Hite, Isaac

Dear Sir
Washington July 16 1803
I duly recd. yours of the 25th. Ult: Your patents have been in my hands for some time, and wd. have been forwarded before my proposed trip to Orange in May, but for the expectation of being then the bearer of them myself. I know of no method by which you can obtain the surplus land, but that of buying warrants to cover it, and proceeding in the usual way.
We are waiting anxiously for the Treaty by which Louisiana has been conveyed to the U. S. Our official information, which is indirect by a letter from our Envoys to Mr King, amounts only to what you see in the Newspapers that a Treaty with such an article was signed on the 30th of April. The terms & the details are as yet not communicated, but expected every moment by a Confidential Bearer for whom a passage was engaged in a vessel which was to leave Havre a few days after May 15. It is understood that the Country beyond the Mississpi, but not the Floridas, are included with N. Orleans in the Cession. The Floridas are of great importance, and the acquisition of them is much facilitated by that already made.
I hope to be in Orange by the 1st. of August. It is possible however that intervening occurrences may affect the time of my departure. I am the more anxious to hasten it as I lost the satisfaction & benefit of my spring visit. I look forward with confidence to the pleasure of seeing you during the recess, and hope you will make your arrangements for an early arrival & long stay with us.
The drouth here is tremendous. The markets will soon be without a vegitable. It is said that not ⅓ of the crops of Tobo. in Maryland are pitched. In Virginia, it may not be so bad, but my accts. from Orange on this subject are not very favorable. Much flour I understand is spoiling in the hands of the Merchants, particularly when made of the Weavel eaten wheat of Virginia. The effect of the war on prices seems not yet produced, except on Tobo. which has risen considerably, in consequence of the war, and the drouth together. Yours with sincere affection
James Madison

   RC (NjP).

   Letter not found.

   JM placed an asterisk here and wrote in the left margin: “*A hasty search having not found your patents, I think it probable that I must have sent them on to you. Will you be so good as to inform me whether you have ever recd. them?”

   Pitch: to plant.


Title: To James Madison from Daniel Clark, 16 July 1803
From: Clark, Daniel
To: Madison, James

Sir
New Orleans 16 July 1803
I had the honor of receiving a few days since your Circular of the 9th. April. The necessity the Captains of our merchant men are now laid under of delivering their Papers to the Consul or Vice Consul on arrival will enable us to forward you in future the semiannual return of American shipping frequenting the Port which heretofore it was not possible to procure with any degree of certainty, as we seldom had a knowledge of the arrival of a merchant ship until the Capt. or Crew were involved in some difficulty which made our interference necessary to relieve them.
The 3rd. section of the law passed last session of Congress authorises us to receive three months pay for all discharged Seamen, and to pay two months thereof to the Person so discharged, “upon his engagement on board of any Vessel to return to the U. S”; This creates a doubt whether the Law meant it should not be paid to the Seaman who being discharged from one ship might find an opportunity of engaging in any other Vessel of the U. S, bound on a foreign Voyage, and I request you will be good enough to explain the point, as otherwise with the best intentions I might be involved in difficulties. Cases may likewise occur where the seaman by having little or no Wages to receive except the two Months pay on being discharged, and not being able to get another Vessel immediately, may become burdensome to the U. S. when his own Pay would relieve him—are the Consuls in this Case permitted to exercise their discretion, or must they follow the strict Letter of the Law, and pay their Wages only on their being embarked?
Seamen left sick I presume are to be regarded in the same light as discharged Seamen, and I shall until I hear from you on the subject, compel such Masters as may leave any to make the same provision for them.
It may likewise happen that some of our Vessels employed chiefly in a trade from one foreign Port to another, may not for a Year or two return to the U. S. Are these Vessels bound by the Provisions of the Act with respect to discharged Seamen, or does it only regard those who may have sailed from the U. S. posterior to the 1st. of may of this Year.
There are no light Houses on this Coast and therefore nothing is exacted from our shipping on that account. The treaty with Spain exempts us from the payment of all dues when our shipping enter for deposit only—when Circumstances require a modification of the Colonial system, and a trade is permitted to the Ports of West Florida & Louisiana our shipping have never in any instance paid more than those of the Country, and the dues here are very trifling.
Respecting the Expence of Quarantine in this Country it will be impossible to make any Estimate, there is no regular Quarantine Ground, no Physician, and no accommodation in such Cases. When a Vessel is suspected of having any contagious or infectious disorder, she is generally obliged to come to anchor somewhere about the Pass a la Loutre 2 or 3 Leagues from the Balize, or perhaps at a League or two from the Fort of Plaquemines, and she is supplied with such Provisions if in Want, as can be procured for the Troops there, or with such as may be sent from the Owner or Consignee at New Orleans, but the distance at which she is from Town does not permit much medical assistance to be given to the Crew, and happy he who in such Cases can survive the danger of disease whether lurking on board, or communicated from the marshes among which the Vessel lies. An instance has just occurred where two or three People having died on board a schooner from imprudence & intoxication, she was reported by the officer at the Balize to be infected, and was consequently detained ’till advice was transmitted to Town. Here it occasioned a great alarm, and orders were given that she should perform Quarantine at the Pass a la Loutre. Three men condemned to the public Works had their Liberty given them on condition of attending on the survivors. In about 3 Weeks afterwards having received a Letter from the Captain stating his situation, and the probability that altho’ then free from disorder he could not long remain so in such an unhealthy Place, I waited on the Governor and got an order immediately to have him relieved, which arrived in time to prevent the Danger I apprehended.

Inclosed I forward you a table of the duties paid by the Shipping frequenting the Mississippi, in compliance with your orders, & remain with respect Sir Your most obedient & most humble Servant
Daniel Clark

   RC (DNA: RG 59, CD, New Orleans, vol. 1). Docketed by Brent as received 22 Aug. and in another hand “To be answd.”

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

   Section 3 of “An Act supplementary to the ‘act concerning Consuls and Vice-Consuls, and for the further protection of American Seamen,’” 28 Feb. 1803 (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:203–4).

   See article 22 of the 1795 Treaty of San Lorenzo (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:337).

   Enclosure not found.


Title: To James Madison from Thomas Jefferson, 17 July 1803
From: Jefferson, Thomas
To: Madison, James

Th: J to J. M.
July 17. 1803
It was agreed yesterday

1.that a copy of the proclamation should be inclosed to each member in a letter from the Secy. of state, mentioning that the meeting of Congress had been necessarily anticipated three weeks, because the ratificns. of the treaty & conventions for the cession of Louisiana were to be exchanged on the 30th. day of October, & suggesting the importance of a punctual attendance on the 1st. day.
2.that the Secretary of State should write to Messrs. Livingston & Monroe, expressly approving their obtaining Louisiana, and the sum agreed to be given for it.
3.that Monroe be instructed to endeavor to purchase both or either Florida at the prices before settled, or at any rate to establish a plenary right to the use of all rivers which rising within the Spanish territories, pass thro’ ours. To observe at the same time that we are not now so anxious for the purchase of the Floridas, because of the large sum we have to provide for Louisiana, & because we believe they will fall into our hands in good time: but still if to be obtained easily, we will purchase. He should know their pretensions & proofs of the boundaries of Louisiana. If not gone to Madrid, he must determine according to circumstances whether to go there, or to London, or to stay at Paris.

The Secretary of state to write to our Consul at N. Orleans communicating the substance of the treaty and calling his attention to the public property transferred to us, to wit public buildings &c. archives &c. and to give assurances that the rights of the inhabitants will be liberally protected.

   RC (DLC: Rives Collection, Madison Papers).

   See Circular Letter to Members of Congress, 18 July 1803.

   See JM to Livingston and Monroe, 29 July 1803.

   See JM to Monroe, 29 July 1803.

   Jefferson no doubt meant that the U.S. should establish a right to the use of all rivers originating in U.S. territory and passing through that of Spain.

   See JM to Daniel Clark, 20 July 1803.


Title: To James Madison from Perez Morton, 18 July 1803
From: Morton, Perez
To: Madison, James

Dr. Sir
Dorchester July 18th 1803.
I have to acknowledge the receipt of your kind favor, which covered the penal Laws of Virginia. Our Legislature have chosen a large Committee of both Houses to form a penal code on the penitentiary system, and a Statute for the regulation of the State prison, and report at the next Session; Of this Committee I have the honor to be one, & doubt not we shall find our Duty much facilitated by the adoption of as much of the Virginia code, as the customs & habits of our People will admit.
Permit me, Sir, to seize the present Opportunity to open a communication thro’ you with the Commissioners of the United States on the Georgia Claims. Since the return of the Agents from Washington, & their report of their proceedings, some of the Claimants have been occupied in making arrangements for a legal decision of Their title, and others in adopting every mean to avoid that disagreable Alternative. In the close of our Report we informed them, that no time was in fact lost, as twelve months must necessarily have been given, in case of a compromise, for the lodging of Claims, and recording their Evidence: but they alledge that the terms, offered by the Commissioners, are so exceedingly hard, & fall so far short even of Indemnity to many of the Claimants, that they had rather take their chance in the Courts of Law, than voluntarily to accept them. Accordingly I find, tho’ I assure you, not only without my knowledge, but directly hostile to the opinion I have constantly given, & the measures I have recommended to be pursued, a Suit was brought to the last Circuit Court for this district by a person belonging to New Hampshire against an Inhabitant of this State on his Covenant, in which, as I am informed, is embraced every point of Litigation, that ever existed between the State of Georgia, or the United States, and the Claimants. The action is continued to the next term, and it will probably be pending before the Supreme Court, during the next Session of Congress. This measure, has been much regretted by most of the Directors & Proprietors of the New England Mississippi Land Company, tho’ one of them Mr John Peck, is the Defendant in the cause. You will not doubt my Sincerity, when I assure you, that it is to no one more disagreable, than to myself, who while at Washington, declared to several members of Congress, and I believe the Commissioners, that as much as I stand in need of an Indemnity in the present case, I did, & always shall, prefer a total sacrifice of my pretensions, to entering into a legal contest with the Government of my Country, especially under the present administration; and it is with pleasure I am able to say, that all those of the Claimants, who profess an attachment to the present Administration, are anxious that some other mode of settlement may be adopted. The first propositions, offered to the Commissioners by the Agents, would have been universally satisfactory, and, excepting the case should happen, that Congress should see fit to lower the minimum price of the Lands, the Claimants could see no possible objections to it, provided the 5,000,000. of Acres, were in fact reserved for the extinguishment of their and other claims, not provided for in the Cession; but the Agents did the justice to the Commissioners to say in their report, that one of the objections, offered by the Commissioners, to these propositions, was founded in so much propriety, that it had induced the Agents to change their ground. This objection was, that in the amount of Certificates issued, whatever may be the Contingency, on which their payment was to depend, the Honor of the Government, would in some degree be pledged for their redemption, & that therefore they could not recommend to Congress to issue a greater Quantity, than in all probability would be redeemed in a given period, and leave Congress at Liberty to make any further provisions as to the price of the Lands, which they should think expedient, and that on this principle the Agents had acceded to the amount of Certificates to be issued, as recommended by the Commissioners in their report to Congress, with the addition, that the Claimants should be entitled to any surplus, within the minimum price, which their proportion might bring, when received into the Treasury. This appeared so conciliatory and reasonable to the Claimants on their part, that the rejection of it by Congress has left a most unfavorable impression on their minds: It has been my constant endeavour to do away this impression, by urging, that had we thought of making our propositions in this shape, in the first instance, it is not improbable that they would have recommended it to be adopted by Congress (pardon me for hoping that I do not mistake) but that Congress could not well adopt it, as it had not been recommended by the Commissioners, who alone were competent to consider the subject in detail, and as all the Agents had not concurred in it, & it was too late in the Session for Congress to send it back to the Commissioners, & to provide by Law for carrying it into effect. I have been thus particular, that the Commissioners may be made acquainted with the true state of this unpleasant business in this part of the Union. They will place their own estimate upon it, but whatever their opinion may be, I am authorized to say, on the part of the Directors of the N E M L Co. who are the holders of the title of the Georgia Mississippi Company, that they are anxious to close this dispute on terms of mutual accomodation, and that if the Commissioners will assent to the last proposition, made by the Agents to Congress, or will propose, what the Directors may deem an equivalent, they are ready to accede, and will send on their assent in writing, on its being communicated thro’ me, or directly to themselves. As this part of the claimed Territory is of primary Importance to the Government, I sincerely hope that the Commissioners will find no reasonable objection to recommending this mode of settlement to Congress. I have no right to answer for the Claimants in the other Companies, but I have very little doubt, that if the Commissioners see fit to make an arrangement with this Company, the others will universally accede to it.
Shall I ask the favor of you to consult with Mr Gallatin on the subject of this Letter, and come to as early a decision, as your other avocations will admit, and let me know the result. If Mr Lincoln’s concurrence be indispensibly necessary, your assent or propositions can be made conditional on his concurrence, and he may be consulted here. The Directors conceive that all previous arrangements with the Commissioners may be as effectually conducted in this epistolary mode, as by sending Agents to Washington to remain during the Winter at a heavy expense, Inconveniences, which they have already found too burthensome. Should propositions of settlement be mutually agreed on, it will be hoped that every thing will be ready to be presented to Congress at the opening of the Session, that the Agent sent forward to attend to it during its passage thro’ that body, may not be detained, longer than is absolutely necessary.
I shall be anxiously waiting your reply & have the honor to subscribe myself with every consideration of Esteem, Your & the Commissioners’ most Obedt Servt
Perez Morton

   RC (DLC).

   Letter not found.

   An Act to Amend the Penal Laws (Richmond, 1796; EvansCharles Evans, ed., American Bibliography … 1639 … 1820 (12 vols.; Chicago, 1903–34). 48007).

   JM, Gallatin, and Levi Lincoln were the U.S. commissioners who had negotiated an agreement between Georgia and the U.S. regarding the Yazoo lands and who had subsequently proposed to Congress a compromise solution to the problems created by the various Yazoo claims (JM to Jefferson, 26 Apr. 1802 [PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 3:160–61 and nn.]; C. Peter Magrath, Yazoo: Law and Politics in the New Republic, The Case of Fletcher v. Peck [New York, 1967], pp. 35–36).

   For the case of Fletcher v. Peck, see Magrath, Yazoo, pp. 50–84.

   The son of a tavern keeper, Perez Morton (1751–1837) graduated from Harvard College in 1771, practiced law in Boston, and served as Republican Speaker of the Massachusetts House of Representatives, 1806–11, and then as his state’s attorney general until 1832 (James Spear Loring, The Hundred Boston Orators Appointed by the Municipal Authorities and Other Public Bodies, from 1770 to 1852 … [Boston, 1852], pp. 129–30).


Title: To James Madison from Ebenezer Stevens, 18 July 1803
From: Stevens, Ebenezer
To: Madison, James

Sir,
New York July 18th. 1803.
I am advised by Mr. Cotton that he is now about making a claim on Government for certain allowances which he thinks himself entitled to, in consequence of detention &c: of Ship Anna Maria. I had the honor of making to you a communication under date of 22nd. June 1802. then saying that Mr. C, intended this claim & in reply to a suggestion, which I then made of having it left to the decission of the Gentlemen who first adjusted the rate of freight. You observed under date of June. 28th. 1802., that the arrangement met your approbation, & authorised me to take measures for carrying the same into effect—which I delayed doing at that time, as Mr. Cotton was then expecting certain documents, to establish a farther claim, in consequence of the Anna Maria’s having been taken up for a Voyage, on Acct. of the Bey of Tunis, and which it appeared, desirable to have adjusted at the same time, the necessary documents Mr. C. is now about obtaining since Mr. Eatons arrival, & therefore at this time, pursues his former claim, the particulars of the same, will be lain before you by him. How far they will admit of a demand the Charter Party of this Vessel, with the communications that I have made, I think will enable you to decide, but should you determine to adjust this, in your own Office with Mr. C. and will give me the items of his claim, I shall make the relative observations—or if it should appear adviseable, for you to confirm your instructions of 28th. June 1802. I will take the necessary measures for obtaining an award. I must presume that the claim of Mr. C. cannot strictly be made from any default, which the Charter Party did not admit of.
But at the same time am fully of opinion that an allowance should be made him in consideration of the very low freight of this Vessel, which on a comparison with the others I think will be found 20 ⅌Ct. less. I have the honor to be Sir, Very Respectfully Yr. Obt. Sevt.
Ebenr Stevens

   RC (DNA: RG 59, ML).

   For Daniel Cotton’s claim, see ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Claims, pp. 322, 337–41.

   Letter not found.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 3:347.


Title: To James Madison from Frederick Jacob Wichelhausen, 18 July 1803 (Abstract)
From: Wichelhausen, Frederick Jacob
To: Madison, James

18 July 1803, Bremen. Wrote last on 12 June of the occupation of Hanover by French troops. Feared that “on the shores of the Elbe, it might … come to bloody actions,” due to the Hanoverian troops’ having refused to “lay down their arms” when the king of England did not ratify the Convention of Suhlingen. “However upon repeated remonstrances made to them of their resistance being fruitless, they at last consented … to surrender themselves prisonners of war, reserving the liberty to go whereever they please, in consequence of which all apprehension of a continental war in our vicinity have vanished for the present. On the 8th: instant the French Vice-comissair of comercial affairs at this city Mr Buhl, notified to the Senate, that by order of General Mortier, no goods or merchandises were allowed to enter or pass the territory of Hannover, unless they were accompanied with a certificate from under his hand, attesting that those goods, were not of the growth or manufactures of England, nor even had paid an english duty.” If executed strictly, this measure “would infringe totally our trade with England,” since all goods imported “into the interior part of the Empire” pass through Hanover. A committee of senators and citizens has been appointed “to make respectful remonstrances about it.” Hopes these will help repeal the measure, especially because “the german empire would suffer greatly by it.” No “British merchandises … have as yet been stopped.”
The British blockade of the Elbe River, as announced to the foreign ministers in London on 28 June, “has been executed in the most rigorous manner.” No fishing boats are allowed to “sail out or in,” and several ships bound for Hamburg have arrived in Bremen, “amongst which is one American from Charleston.” “We live in great hopes and letters from London confirm it, that our river will remain open.”
Encloses the semiannual report of ships entering and leaving Bremen from 1 Jan. to 30 June 1803, as well as a response to JM’s 9 Apr. circular. “With much pleasure I observe … the new regulations made in regard to us, as well as to masters of vessels and sailors.” Believes the “dispositions respecting sailors” will “tend to prevent idleness amongst that class of people in foreign countries” and save the U.S. “great annual disbursements, it being rendered now so very difficult and expensive to Captains, to discharge their crew engaged at high wages in America, in foreign countries.” The regulation requiring ship captains to deliver their ship’s papers to U.S. consuls in foreign ports “is a long wished for and also very necessary measure,” as it compels ship captains to do their duty, preserves “the genuineness of the American Flag,” and facilitates “the transmission of the usual semi-annual report.” Wishes, however, to see the production of the manifest required, for without it “the specification of the out and inward cargo will always remain incomplete.”
Encloses a table in conformity to JM’s request for “a specification of duties payable for the benefits of lights, for anchorage, buoys, piers, harbourmoney and expences of quarantine” on U.S ships and all foreign vessels. “On the whole those expences are very trifling at this port, as it has always been a true commercial politick of this city not to incumber trade with heavy charges, however on the other hand very little is done also for the benefit of commerce, for the want of public spirit and fearing the first expences. Light money is not paid here at all, as there is no fire kept on the beacon at the entrance of the Weser.” The nearest lighthouses are at Helgoland (Denmark) and Wangerode (Prussia) and “are supported by the respective governments.” Believes a small levy in Hamburg also supports them. The duke of Oldenburg, on the left bank of the Weser River, “has established the quarantine regulations on this river, for which he also raises a tax, which however is not properly fixed, and is but very trifling.”
Every foreign vessel pays a fee to the ship broker, “even if the Captain should not have made use of his assistance,” and this fee is “some times very high,” for example, “30 to 40 Spanish dollars for vessels from 2 to 300 Tons.” Has joined with the Prussian consul to object to it, “and a committee is now appointed to have it properly fixed.” Will inform JM should any new regulations be made. The duty at Elsfleth “is now abolished entirely, with the exception, that it continues still 10 years as a kind of an indemnification to the Duke of Oldenburg; as the annual income of this duty was from 120 to 150000 Rixdollars, the trade of this city gains greatly by its abolishment, especially in regard to its rivality with Holland and Hamburg.”

   RC (DNA: RG 59, CD, Bremen, vol. 1). 4 pp.; docketed by Wagner as received 30 Sept. Enclosures not found.

   The surrender of Hanover to the French was accomplished by the signing of the Convention of Suhlingen on 3 June 1803 (Deutsch, Genesis of Napoleonic Imperialism, pp. 153–54).

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

   For this act, see John J. Murray to JM, 22 June 1803, n. 1.

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


Title: To James Madison from Tobias Lear, 19 July 1803
From: Lear, Tobias
To: Madison, James

(private)
Dear Sir,
Boston, July 19th: 1803.
Since I had the pleasure of writing to you this forenoon, I have been favored with your acceptable letter of the 12th. inst. with its enclosures, for which I am much obliged. I have been on board the Constitution since writing to you in the morning; and am fully convinced that she will not be ready to sail until the 10th of Augt. Captn. Preble appears to be making every exertion to get the Ship ready, and strongly expresses his fears that he shall be accused of negligence or inactivity in preparing her for sea; but so many things are to be done, and some difficulty arising in getting the men at the present wages, that his best exertions will not answer his expectations. She will, however, be in complete order (perhaps better than when she was first sent to sea) when she sails from Port. She is a most capital Ship, and altho’ I am not, from experience, a fighting man, I should almost wish to have a fair rencounter with a ship of equal force.
Referring to my letter of this date I shall only add the sincere respect & attachment with which I am, dear Sir, Your most obedt. & obliged Sert
Tobias Lear.

   RC (DLC).

   Letter not found.


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

no 9.
Sir
London July 19. 1803.
I left Paris on the 12. and arrived here last night very much fatigued with the journey. I have not announc’d my arrival to the minister of foreign affairs, but shall do it tomorrow and endeavor to obtain my recognition of the king as soon as possible.
My last to you was of the 19th. ulto. in which I informed you that I shod. sit out for this place in a short time, in obedience to the views of the President as expressed in yr. letter of the 18. & 20. of April. I expected then to have been here in a fortnight but could not possibly accomplish it sooner. Before my departure I had a particular or special audience of the first Consul, in which he express’d himself in strong terms of friendship to our govt. and country, the particulars of which I will communicate to you in my next. At present I shall only repeat my most earnest hope that the congress has been convened with a view to the most prompt and complete execution of our treaty with France. As soon as the affr. takes it’s course, or is likely to do so in a form or under circumstances that leave no doubt of the result, I hope it will be made known to us.
I send you herewith a copy of the ratification wh. I recd. a short time before I left Paris with a view of sending it from this place. Three others have however been already sent so that I hope you will not be compelled to wait for it. I am with the greatest respect & esteem yr. obt. servant
Jas. Monroe

   RC (DNA: RG 59, DD, Great Britain, vol. 12); letterbook copy (DLC: Monroe Papers). RC docketed by Wagner as received 19 Sept.

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

   Enclosure not found, but see Livingston and Monroe to JM, 7 June 1803.


Title: Circular Letter to the Governors, 20 July 1803
From: Madison, James
To: Governors

Sir,
Department of State July 20th 1803
As the new elections have produced changes in the members from some of the States in the next Congress, and as in others elections are yet to be made, I have supposed that notifications that Congress is convened on the 17th of October next at an Extraordinary Session, will more certainly be received thro’ the Executives of the respective States than in any other manner. Permit me therefore to request your Excellency to cause the inclosed to be directed to the Senators and Representatives of the State of Connecticut—and forwarded to them thro’ the post office. I have the honor to be, Sir, Very respectfully your most Obt Sert.
James Madison

   RC (CtHi). Addressed to Jonathan Trumbull, governor of Connecticut; in a clerk’s hand, signed by JM. Other surviving copies of this circular are addressed to James Turner, governor of North Carolina (NcD: Madison Papers), and Archibald Roane, governor of Tennessee (T).

   Enclosure not found, but it was no doubt JM’s Circular Letter to Members of Congress, 18 July 1803.

   The copyist left a blank here, which was later filled with the name of the state.


Title: From James Madison to William C. C. Claiborne, 20 July 1803
From: Madison, James
To: Claiborne, William C. C.

Sir
Department of State July 20th. 1803.
I have the honor to request you to forward the enclosed letter to Mr. Clark. I have left it open for your information, and enclosed a copy of the President’s proclamation for convening Congress and a summary of the contents of the Treaty with France, for your own use. With great respect, I have the honor to be, sir, Your most obed. servt.
James Madison
P. S. Be pleased also to forward the enclosed letter & packet for Mr. Laussat

   RC (NhD); letterbook copy (DNA: RG 59, DL, vol. 14). In a clerk’s hand, signed by JM. Postscript not included in letterbook copy.

   JM to Daniel Clark, 20 July 1803.

   Enclosures not found, but both the president’s proclamation and a summary of the treaty contents were printed in the National Intelligencer, 18 July 1803.

   Enclosure not found, but the letter for Pierre Clément Laussat was probably from Pichon, 19 July 1803, informing him that the Louisiana treaty had been made public (Kukla, Guide to the Laussat PapersJon Kukla, ed., A Guide to the Papers of Pierre Clément Laussat, Napoleon’s Prefect for the Colony of Louisiana, and of General Claude Perrin Victor at the Historic New Orleans Collection (New Orleans, 1993)., pp. 65–66).


Title: To James Madison from Rufus King, [ca. 20] July 1803
From: King, Rufus
To: Madison, James

No. 100. Supplement.
Sir
New york [ca. 20] July  1803
I take the Liberty to add a few miscellaneous articles by way of supplement to my last dispatch.
American Seamen
As soon as the war appeared to me unavoidable I thought it advisable to renew the attempt to form an arrangement with the British Government for the protection of our seamen: with this view I had several conferences both with Lord Hawkesbury and Mr. Addington who avowed a sincere disposition to do whatever might be in their power to prevent the dissatisfaction on this subject that had so frequently manifested itself during the late war: with very candid professions, I however found several Objections in discussing the subject, with the first lord of the Admiralty: Lord Hawkesbury having promised to sign any agreement upon the subject that I should conclude with Lord St. Vincent, I endeavoured to qualify and remove the Objections he Offered to our project, & finally, the day before I left London Lord St. Vincent consented to the following Regulations—
1. No seaman, nor sea faring person shall upon the high seas, and without the jurisdiction of either party, be demanded, or taken off any Ship, or vessel, belonging to the Citizens or subjects of one of the Parties, by the public or private armed ships or men of war belonging to, or in the service, of the other party: and strict orders shall be given for the due observance of this Engagement.
2. Each party will prohibit its citizens, or subjects, from clandestinely concealing, or carrying away from the Territories or colonial possessions of the other, any seaman belonging to such other Party.
3. These Regulations shall be in force for five years and no longer.
On parting with his Lordship I engaged to draw up in the form of a convention, and send him these articles in the Course of the Evening, who promised to forward them with his approbation to Lord Hawkesbury. I accordingly prepared and put the Draught to his Lordship, who sent me a letter in the course of the night, stating that on farther Reflexion he was of opinion, that the narrow Seas should be expressly excepted, they having been as his Lordship remarked, immemorially considered to be within the Dominion of Great Britain; that with this correction he had sent the proposed convention to Lord Hawkesbury, who, his Lordship presumed, would not sign it before he should have consulted the judge of the high court of admiralty Sr. William Scott.
As I had supposed from the Tenour of my conferences with Lord St. Vincent that the Doctrine of the mare clausum would not be revived against us on this Occasion, but that England would be content with the limited jurisdiction or Dominion over the Seas adjacent to her Territories, which is assigned by the Law of Nations to other States, I was not a little disappointed on receiving this communication; and after weighing well the nature of the Principle, and the disadvantages of its admission, I concluded to abandon the negotiation rather than to acquiesce in the Doctrine it proposed to establish.
I regret not to have been able to put this Business on a satisfactory footing, knowing as I do its very great importance to both Parties, but I flatter myself that I have not misjudged the interest of our own Country in refusing to sanction a Principle that might be productive of more Extensive Evils than those it was our aim to prevent.
Neutral Flag
As it is possible that another attempt will be made during the present war to establish the Rule, that free bottoms make free Goods, I ought not to omit the Communication of the following annecdote.

Soon after the British armament in march last, Bonaparte sent his aid de camp duroc to Berlin, to announce his determination to occupy Hanover and to close the Elbe against England, in the event of war. The Prussian Cabinet, a thing very rarely done, immediately dispatched a courier with orders to Baron Jacobi the Prussian ambassador at London, to apprize the English Government of the views of france, to express the dissatisfaction with which Prussia had learned them, and to offer to protect Hanover and the north of Germany, provided England would give her consent to the Principle, That free ships should make free Goods. The English Cabinet immediately replied, that the German Empire is bound to protect the Rights of its several members, that Hanover must therefore look to Germany, & not to England for support; and in respect to the proposed Rule that free Ships should make free Goods, that no advantage nor Service, which could be named, would be sufficient to engage England to give it her Sanction. In any circumstances this would be the Opinion of England; in the present instance if I mistake not, the proposition was believed to have come indirectly from Paris.
Colony Trade
In a very late conversation with Mr. Addington respecting the Colony Trade, he insinuated the probability that Events might happen in the course of the present war, alluding as I understood to South America, that would enable England to form with us such commercial arrangements as would be satisfactory. As Mr Addington meant to be obscure, I could only conjecture his meaning, and my inference was, in case of the independence of South America, that the colony system must every where be abandoned: an opinion not peculiar to Mr Addington, but one that is entertained by the Principal members of the late English ministry.
South America
When the preliminaries of the late peace were signed An Expedition fully prepared was in readiness to set sail for the purpose of assisting the Inhabitants of the Province of Caraccas in throwing off their Obedience to Spain. Trinidad was retained by England chiefly with the view of facilitating this Revolt: and if Spain be drawn into the war, which she will be unable to avoid, the Expedition to the Caraccas will be revived. No probable change of the ministry of England will change this intention, for it is known to be the Opinion of the first men of the nation that the secondary Object of the present war, and one that must give England Courage as well as Resources to go on with the Struggle is the entire independence of South America.
Presents to foreign Ministers
After taking my leave of the King, the master of the Ceremonies Sir Stephen Cottrell informed me that it was the usage of the King to make a present in money to the Minister who had taken leave, and that the transaction of this Business belonged to his Office; a similar communication was likewise made to me by the Office for foreign Affairs, which in the Kings name makes a present to all foreign ministers, who have signed Treaties, or conventions, with Great Britain.
My answer in both instances was the same “that as my own Government did not make presents to foreign ministers, and Plenipotentiaries, on like occasions, I did not think my self at Liberty to accept the presents which were offered to me.”
This Explanation at my desire was communicated to the King, and I have reason to know proved entirely satisfactory. With perfect Respect & Esteem I have the honour to be Sir Yr obedt. & faithfl. Srt.
Rufus King

   RC (DNA: RG 59, DD, Great Britain, vol. 10); partial Tr, two copies (DLC: Monroe Papers). Conjectural date assigned on the basis of JM’s docket on the RC, “Recd. July 26. 1803,” and the postscript to JM to Jefferson, 26 July 1803. Trs sent to Monroe; section on “South America” in first Tr includes coded passages and Monroe’s interlinear decoding; both Trs docketed by Monroe.

   Left blank in RC.

   Written in pencil above this section is the notation: “to be put in Mr Monroes cypher.” This paragraph is coded interlinearly.

   Written in pencil above this section is the notation: “This last to be omitted.”


Title: To James Madison from James Monroe, 20 July 1803
From: Monroe, James
To: Madison, James

no. 10.
Sir,
London July 20 1803
I am too recently on this theatre to give you any information of the state of public affairs which you will not obtain of the Gazettes, wh. I shall therefore not repeat. It will be more useful to go back to the transactions in which I have been lately engaged, and to communicate some incidents which occurrd in them, with which you are not yet acquainted. The pressure of business at the time, the necessity of hastening here as soon as that measure was decided on, & the hope that I should enjoy more leisure here than I had done in France, induced me to reserve these for the present communication.
You saw by my letters after the conclusion of our treaties with France, that I had in a great measure decided to proceed to Spain, on the idea that by so doing I should best fulfill the ulterior object of my instructions. You saw likewise by the joint letter of Mr. Livingston & myself of June 7th. that I had been prevented pursuing that object, by an obstacle, the circumstances attending which were fully detailed in it. There occurr’d however another difficulty which you are yet to be apprized of. At the time when my Judgement inclined in favor of that measure, I applied to Mr. Talleyrand for the support of his government in the negotiation, according to the promise made us by Mr. Marbois, with which you are acquainted. This application was made on the 19 of May immediately before the discussion mentioned in the letter of June 7th. above referr’d to. On the sunday following, three or four days afterwards, I dined with the Consul Cambaceres who had been with the first Consul in Council at St Cloud, whence he returned late to dinner. He said to me soon after he entered the room “you must not go to Spain at present.” I asked his reason. He replied “it is not the time; you had better defer it.” I revived the subject repeatedly, but he declined going further into it. After dinner when we were in the saloon, he came up to me and on my informing him that he had given me much concern by what he had said, he replied “that it was only his opinion; but you will talk on the subject with the Minister of the Public Treasury,” which I assured him that I would not fail to do. I went immediately to Mr Marbois, but had not the good fortune to find him at home. On the tuesday following I saw the Consul le Brun, who suggested to me precisely the same idea which I had recd. from the Consul Cambaceres, & who I was persuaded had imbibed it at the same time in the Council at St. Cloud. I proposed to him the same question that I had done to his Colleague and recieved nearly the same answer. He told me “that we should obtain our object but that this was not the time for it.” About this time the incident mentioned in the letter of June 7th. occurr’d, which encreased & continued my suspense till we recieved yours of the 18 & 20 of April which directed my route.
As soon as my course was marked I call’d on the Minister of foreign affairs, and reminded him of my application to him for the aid of his Got. in our negotiation with Spain, which as he well recollected had been promised. I then told him without waiting for an answer, that my route was changed; that I had just recieved the order of the President to proceed to England in case our affairs were amicably adjusted with France, that the motive for it was, a knowledge that Mr. King was about to return home; the probability of a rupture between France and Britain and the consequent exposure of our commerce; and the propriety of our being represented there in case of that event: that the urgency was increased by the circumstance under which I recieved the order; Mr King having sailed without having nominated any one to take charge of our affairs till his successor arrived. I adverted in the commencement to the affair with Spain, to fix in his mind by evidence not to be resisted, an important fact, the date at which the late order was recieved, that he might see that it grew out of recent circumstances, those mentioned, and was not the part of a system of menace adopted at the time of my appointment. I had seen the advantage of inculcating this truth on more than one occasion, or thought I had and wished to leave it in full force on the present one. The Minister acknowledged in explicit terms the frankness of the communication, which he considered as a strong proof of the fair dealing of our got. in its conduct towards his, and of its sincere desire to preserve peace & friendship between the two Nations. Then taking a cursory view of what had passed in the late negotiation, he declared that nothing short of the course which had been taken by our Got. would have produced the result which had attended it. He asked me when I proposed setting out on the proposed mission. I answered very soon, as there was nothing to detain me longer there. I requested him to communicate the above to the First Consul, and to express my wish to be favored with a private audience, for the purpose of taking my leave of him before my departure. This he readily undertook, but observed that as the First Consul was to set out in a few days for the Belgic; & his time was preengaged by appointments for the whole of the interval, he doubted whether it would be in his power to grant me an audience, tho’ he was persuaded he would if he could. Having asked an audience I was resolved to wait an answer till his departure, & the more so, because I knew it could not detain me long.
As soon as I had made the above communication to the Minister, I made a like one to Mr. Marbois, whose candid & upright deportment through the whole of our negotiation, had inspired me with a very high respect for his character. I asked and obtained about the same time & for the same purpose a private audience of the Consuls Cambaceres & le Brun, by whom I had been recieved with kindness & treated with attention during my mission in France, & who I had reason to believe had promoted the object of it. It was not strictly in course to make to these characters such a communication, but I felt that I owed it to the part they had taken in the late important transactions with our country, and am persuaded that it was recieved in the spirit in which it was made. I called on Joseph Bonaparte the elder brother of the first Consul with the same view, but as he had left town I had not the pleasure to see him.
The day before the Consul commenced his tour I recd. a note from the Minister of foreign affairs requesting me to meet him the next day at one O clock at St. Cloud to be presented by him to the first consul; which was accordingly done. The audience was of some length. I made to him a communication similar in substance to what I had already done to the Minister, to which I added that it was the wish of the President that I should assure him before my departure of his high respect & esteem for him personally & for the French Nation, and of his earnest desire to preserve peace & friendship with it. The First Consul reciprocated the sentiment towards the President & the U. States in strong terms. He said that he considered the President as a virtuous and enlightened man, who understood & pursued the interest of his country; as a friend of liberty and equality: that no one wished more than himself the preservation of a good understanding between the two Republics: that he had been prompted to make the late cession to the U States not so much on account of the sum given for the territory as from views of policy: that France had been their first friend & he wished to preserve that relation between the two countries for ever: he had percieved that we entertained a jealousy of their possession of Louisiana which was likely to drive us into measures & connections that would prove not only hurtful to France, but as he presumed to ourselves also: he therefore wished to remove the cause by an act which would free us from all apprehension on that head and leave us at liberty to pursue our course according to our interest and inclination.
I told him, in reply, that I had considered the cession of Louisiana as having been prompted by the motives which he stated, as being an act of great and enlightened policy rather than an affair of commerce, and was persuaded that our Got. would view it in the same light: that the cession would place us on the ground he mentioned of real independence: that we had however been willing to give what was deemed an equivalent for it. He observed that there was no rivalship between us, our relation to France being chiefly commercial; but that we must be on our guard, not to give the protection of our flag to the British. I told him that the latter was a question which merited all his deliberation & candor, since the principle that free ships made free goods, if sustained by him as I understood it to be, precluded any discussion on that point. He admitted that there were difficulties in the case which he should examine with care. He then observed, without my leading to the subject tho’ I had intended doing it, with respect to Florida that this was not the time to pursue that object: that the Spaniards had complained much of the cession they had made to us of Louisiana. I told him that we were neighbors of Spain & wished much to be on friendly terms with her, which the possession of Florida would promote: that it was a little piece of land comprized within our present limits which we ought to have. He replied that it was because we were their neighbors that they were jealous of our possessing that territory which by its ports commanded the gulph of Mexico. I told him that it would be better for Spain that we held it than the British, which might take place if we did not. Still he urged that this was not the time to negotiate for it. I ceased therefore to press the subject further, prefering to let it be understood that the negotiation was postponed for the present, to be renewed at a more suitable season, when we should expect his good offices in it, to which he seemed to assent.
It is to be presumed that the natural weight & respectability of the United States will enable their Got. to obtain this object of Spain without the aid of any other power. It can not be doubted, however, that France has the means of essentially promoting or embarrassing it at present. It was on that principle that we sought to avail ourselves of her aid in the late negotiation, and that I applied for it when I was about to go to Spain. To have gone after the promise made us, without this communication, might have produced an ill effect; to have gone after my application for it in opposition to her advice would most probably have had the same tendency, which it seemed to be peculiarly proper to avoid especially while our treaties with her were depending.
The Consul sat out on his tour the evening of the day on which I had the above audience which was on the  of June. On the monday following I requested my passport of Mr. d’Hermand, the chief in the department of foreign relations charged with that business who I found had not the power to grant one. I immediately wrote to the Minister of foreign Relations, who had left Paris about the same time with the Consul, to apprize him of this fact, & to request that he would be pleased to send me a passport immediately, as I was ready for my journey and only waited one. As it was arranged when the first Consul left Paris, that no passports should be granted for England except such as were signed by him & the Minister did not take the same route to Brussels with the Consul, the latter pursuing the coast to visit the ports as he advanced, I was detained longer than I had expected to be. As soon however as they met a passport was signed by the first Consul and forwarded to me by the Minister, under which I sat out immediately and reached this, as you were apprized by my last, on the 18 instant.
As I had communicated, while I contemplated going to spain, with the Chevalier d’Azara, her ambassador in France, & with Mr. Pinckney, Minister of the United States at Madrid, and given them reason to believe that I should do so, I thought it proper to apprize them of the late change in my destination, and of the motive for it, that they might see that it was the effect of imperious causes & did not proceed from the want of a due respect for his Catholic Majesty—copies of these communications are inclosed. I am with great respect & esteem your Obt. Hle. St.
Jas. Monroe
Communications inclosed—

  No.
  1
  letter from Messrs. Livingston & Monroe to Mr. Marbois

" 2 letter from Mr. Marbois in answer to the above
" 3 letter from Mr. Monroe to Chevalier d’azara
" 4 letter from Chevalier d’azara to Mr. Monroe
" 5 letter from Mr. Monroe to Mr. Pinckney at Madrid
" 6 Joint letter from Messrs. Livingston & Mr. Monroe to Mr. Pinckney
" 7 from Mr. M. to Mr. Pinckney

" 8 Triplicate of no. 8 from Mr. M. to Mr. Madison
" 9 Triplicate of no. 9. from Mr. M. to Do.

P S. The instructions to Mr. Pinckney & myself, being of no use to him, till the further order of the President, were not forwarded to him.

   RC and enclosures (DNA: RG 59, DD, Great Britain, vol. 12); RC and enclosures (DNA: RG 59, DD, France, vol. 8A); letterbook copy (DLC: Monroe Papers). First RC in a clerk’s hand, except for signature, postscript, and marginal note by Monroe; marked “(Duplicate)”; docketed by Wagner as received 26 Sept. For enclosures (docketed by Wagner), see nn. 4–12.

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

   Monroe placed an asterisk here and wrote at the bottom of the page: “*‘Loyaute’ was the term used by the minister wh. perhaps is best translated by those of ‘fair dealing.’”

   Monroe left a blank here, but according to his minutes of the interview with Napoleon, it occurred on 24 June (DLC: Monroe Papers).

   Enclosure no. 1 is a copy of Livingston and Monroe to Barbé-Marbois, n.d. (1 p.), requesting Napoleon’s “friendly offices” in support of negotiations they proposed to begin with Spain for the acquisition of the Floridas.

   Enclosure no. 2 is a copy of Barbé-Marbois to Livingston and Monroe, 14 Floréal an XI (4 May 1803) (1 p.; in French), acknowledging receipt of their letter (see n. 4, above) and informing them that he had passed it on to Talleyrand. The minister had told him, wrote Barbé-Marbois, that the U.S. could count on the friendship and help of the first consul in any measures that would preserve good relations between Spain and the U.S.

   Enclosure no. 3 is a copy of Monroe to José Nicolás Azara, 12 July 1803 (1 p.), asking him to include Monroe’s letters to Madrid with his next dispatch, informing him that the president had ordered Monroe to London, and expressing the hope that affairs between Spain and the U.S. would “before long be amicably arranged to the satisfaction of both powers.”

   Enclosure no. 4 is a copy of Azara to Monroe, 14 July 1803 (1 p.; in French), informing Monroe that he had received two letters for Madrid and would send them off with his next dispatch, and wishing Monroe success in his mission to London.

   Enclosure no. 5 is a copy of Monroe to Charles Pinckney, 16 May 1803 (2 pp.), announcing the Louisiana treaty and informing Pinckney that Monroe was coming to Madrid to negotiate with Spain for the Floridas.

   Enclosure no. 6 is a copy of Livingston and Monroe to Pinckney, 7 June 1803 (2 pp.), announcing the cession of Louisiana to the U.S. and noting that they considered the purchase to include West Florida.

   Enclosure no. 7 is a copy of Monroe to Pinckney, 5 July 1803 (1 p.), informing him that the president had ordered Monroe to London to be U.S. minister there.

   Enclosure no. 8 is a copy of Monroe to JM, 19 June 1803.

   Enclosure no. 9 is a copy of Monroe to JM, 19 July 1803.

   JM to Pinckney and Monroe, 2 Mar. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:381–82).


Title: From James Madison to Asher Robbins, 22 July 1803
From: Madison, James
To: Robbins, Asher

Sir,
Department of State July 22d. 1803
I have duly received your letter of the 1st. inst. respecting Captain Eldrids case. It is admitted in your statement that during the revolutionary war he commanded a British vessel in the Mediterranean trade, and with respect to the date of the act of Parliament which required the master of British vessels to be British subjects, you will find the regulation in the first section of the navigation act 12. car 2. C. 16. It would therefore seem to follow that he could on general principles have pretensions to no other national character than a British one.
But if, as you inform me, the state of Rhode Island would recognize him as its citizen, it might not be desirable that the General Government should reject him. The opinion, therefore, of the Judge and Attorney of the District of Rhode Island, if they can be obtained and annexed to my last letter and its inclosures, that notwithstanding the considerations therein stated the laws of Rhode Island do not disclaim him as such, would be sufficient credence of his citizenship to enable me to intimate to our Minister at Madrid that the doubt is thus removed. I am &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14); Tr (DLC: Causten-Pickett Papers, box 14); Tr (NjP: Crane Collection).

   See Robbins to JM, 1 July 1803, n. 1.


Title: From James Madison to Edward Thornton, 22 July 1803
From: Madison, James
To: Thornton, Edward

Sir
Department of State July 22nd. 1803.
I have the honor to acknowledge the receipt of your letters of the 10th. and 12th. instant.
Disposed, as the United States, are from principle and duty to observe the most impartial neutrality in the war which it appears has recommenced between Great Britain and France, they have a right to expect that the vexations and irregularities practised against their rights as neutrals, by which the last war was too often marked, will be effectually repressed. On the part of this Government you may be assured that every proper regulation to guard against any injustice which might flow from the circumstances to which your letter of the 10th. points will be renewed and enforced in such a manner as ought to satisfy both belligerent parties.
According to an official report of the Collector of Philadelphia, the facts regarding the vessels suspected by the British Consul General to be fitted out at that port for hostile purposes, did not warrant their detention as neither of them belonged to French citizens, one of them was not armed and satisfaction was given respecting the destination of the other. I have the honor to be &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14); Tr (PRO: Foreign Office, ser. 5, 38:224–25).


Title: To James Madison from Thomas Blount, 22 July 1803
From: Blount, Thomas
To: Madison, James

Sir
Tarborough 22d. July 1803
It has occurred to me that, in consequence of the existing War between Great Britain & France, the President of the U. States may think it proper to appoint a few Commercial Agents or Consuls to reside on some of the West-India Islands—And in case he shall determine to place one on the Island of Guadaloupe, I beg leave to recommend, as a Gentleman worthy of confidence & well qualified by his Knowledge of Commerce to discharge the duties of such an appointment, Mr Benjamin Blackledge, a native of this State of highly respectable family connexions and sound Republican principles, who now is & for some years past has been an Inhabitant of that Island—where, I am informed & have reason to believe, he has honorably transacted considerable Mercantile Business. I have Known him intimately from his Infancy, and can truly say that I regard him as an honest man & consider him incapable of abusing any Trust that may be reposed in him. I am, very Respectfully, Yo. mo. Obt.
Thos. Blount

   RC (DLC). Docketed by JM.

   Benjamin Blackledge, the brother of Congressman William Blackledge of North Carolina, was associated in business with the Blount family of that state (Alice B. Keith et al., eds., The John Gray Blount Papers [4 vols.; Raleigh, N.C., 1952–82], 4:8 n. 20).

   Thomas Blount (1759–1812) was a soldier, a U.S. representative (1793–99, 1805–9, 1811–12), and, along with his brothers William and John Gray, a prominent North Carolina merchant and landowner (Powell, Dictionary of North Carolina Biography, 1:182).


Title: To James Madison from Vincent Gray, 24 July 1803 (Abstract)
From: Gray, Vincent
To: Madison, James

24 July 1803, Havana. Encloses a letter he received “from a Mrs: Mary Elam relative to her Son.” Does not know “her place of residence”; believes “from the nature thereof” that JM will “Cause it to be forwarded.” “The persons to whose care I have directed it, have given a certificate relative to Rd. Elam, a copy of which you have at foot.” Appends a copy of the statement certifying “that Richard Elam was born in the County of Chesterfield State of Virginia,” signed by R. M. Gilliam, John Woodward, and W. Smith.

   RC (DNA: RG 59, CD, Havana, vol. 1). 1 p.; docketed by Wagner as received 14 Aug. Enclosure not found.

   This may be the Richard Elam, orphaned son of William Elam, who chose Mary Elam as his guardian on 11 Feb. 1790 (Benjamin B. Weisiger III, comp., Chesterfield County, Virginia, Wills, 1774–1795 [2 vols.; Richmond, 1979], 2:161).

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


Title: To James Madison from John Mitchell, 24 July 1803 (Abstract)
From: Mitchell, John
To: Madison, James

24 July 1803, Le Havre. Sends returns for the last three months by vessel to Norfolk. In his last remarked on “the Heavy charge for Brokers fees.” Proposed to Barnet to “employ a person in the office for that purpose, and make a moderate Charge.” Barnet suggests waiting for the U.S. and France to make some arrangement “stipulating that the Agents shall report & clear the Vessells instead of a Broker.” Believes this would cut charges in half. Since passage of the law of 1 Messidor, the Batavian Republic has enacted a similar law, and “in both Countrys they are in rigid force.” Fears injury to American merchants who speculated “before the Law could be Known.” Writes the collector at Boston about the Dutch law by this occasion. Le Havre is still free of blockade, “’tho British frigats are daily in sight & two days since threw some shot & Shells into the Town.” They are building about sixty gunboats in Le Havre. Sends some newspapers that “contain little inteligence except the disposition of the Departments to support the War.”

   RC (DNA: RG 59, CD, Havre, vol. 1). 3 pp.; docketed by Wagner as received 26 Sept.

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

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


Title: From James Madison to Thomas FitzSimons, 25 July 1803
From: Madison, James
To: FitzSimons, Thomas

Sir
Department of State. July 25th. 1803.
I have duly received your letter of the 21st. inst.
The subject of the detentions of American property in south America has been long since committed to the attention of Mr. Pinckney, and was renewed in a general shape in the instructions given to Mr. Monroe and him on their appointment to negotiate with the court of Spain. It is not distinctly perceived in which form the claims for such property, introduced into the Spanish Continental Colonies, under Spanish names, are depending in the Tribunals of Spain, nor what the nature of the Security given to abide their decisions. If you will be pleased to explain this more fully, and there should be found room for further instructions to either of those gentlemen or to both, they shall be given.
With respect to the liquidation of claims upon the French Government under the late Treaty, the forms are 1st. Three Commissioners are to be named by the Ministers of the United States to examine into the validity and amount of the claims. 2nd. And that no debt which shall not have the qualification above mentioned  [“]commercial Agent of the United States at Paris or such other Agent as the Minister Plenipotentiary of the United States shall think proper to nominate shall assist at the operations of the Bureuis [sic] and cooperate in the examination of the claims; and if this Agent shall be of opinion that any debt is not completely proved or if he shall judge that it is not comprized in the principles of the Fifth Article above mentioned and if notwithstanding his opinion the Bureaus established by the French Government should think that it ought to be liquidated, he shall transmit his observations to the Board established by the United States who without removing documents shall make a complete examination of the Debt and vouchers which support it, and report the result to the Minister of the United States. The Minister of the United States shall transmit his observations in all such cases to the Minister of the Treasury of the French Republic on whose report the French Government shall decide definitively in every case.
“The rejection of any claim shall have no other effect

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

   Letter not found.

   See JM to FitzSimons, 9 Oct. 1802, and JM to Charles Pinckney, 25 Oct. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:5, 53–56).

   JM to Pinckney and Monroe, 2 Mar. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:381–82).

   The State Department clerk left a blank here in the letterbook and wrote “copy not legible.”

   The State Department clerk wrote “(the residue of the letter not legible)” here. For the quoted text, see article 10 of the “Convention for the Payment of Sums Due by France to Citizens of the United States,” 30 Apr. 1803 (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:521–22).


Title: To James Madison from Harry Toulmin, 25 July 1803
From: Toulmin, Harry
To: Madison, James

Dear Sir
Frankfort 25th. July 1803
I was much gratified by the letter which you lately did me the honour of addressing to me, conveying the agreable intelligence that a provision had been made in the treaty between Spain & France for a due respect to the rights of America, which could not fail of being highly pleasing to the people of this country, and (as an indication of the respect with which the government is held in foreign countries,) could not fail of strengthening the disposition which is uniformly felt in this part of the union, to rely on the wisdom & efficiency of the measures which may at any time be adopted by the constituted authorities. But the happy issue of the embassy to France, so far exceeding our most sanguine expectations, will, if any thing can do it, silence the clamours of faction with regard to the Mississippi and completely remove the jealousies and fears of the few on the western waters, who have doubted either the sincerity or the firmness of the general government.
Since the news of this auspicious event has reached us, which has only been within a few days, my thoughts have some times adverted to the various executive and legislative provisions, which will be rendered necessary by this immense acquisition of territory, and various objects of enquiry, it has appeared to me would present themselves to those concerned in making the arrangements, relating to the state of population in the different parts of Louisiana, to the most convenient boundary lines of the territories into which it may be divided, to the laws and local institutions which have obtained in the country, to the nature of their titles to land and the degree of attention with which the evidences of them have been preserved by the several settlers, to the manners and occupations of the inhabitants and the kind of intercourse kept up between them & the indian tribes, to the situation of the indian claims to territory, and the danger to be apprehended from them in case of any misunderstanding, and to the temper and disposition of the people of the country towards the united states. It may be presumed indeed, that you already possess an adequate knowledge on some of these points: but on many, however, it is probable, from the past situation of the country, and the little expectation which has been entertained of its being so soon incorporated with the united states, that there must be ample room for farther information, and for information too, which it may reasonably be supposed cannot be speedily and accurately obtained, except on the spot. These ideas have led me to conjecture that it is highly probable, that the president may have it in contemplation, to send some one into Louisiana, or at least into so much of the western part of it as is not contiguous to the Mississippi territory, for the purpose of acquiring that information which is so highly desirable: and I have been the more confirmed in this conjecture, when considering the good effects which such assurances as might then be conveyed to them from the government, might have on the minds of the people of that country, who have certainly, in general, no predilection towards the citizens of the united states, nor any very favourable idea of their form of government.
Should it be in the contemplation of the president to use any means for answering these purposes, I would take the liberty to suggest, that having lived several years on this side of the Alleganey, and having of course acquired a general knowledge of western America, such perhaps, as would be of considerable service in any attempt to obtain a more minute knowledge of its several parts & their mutual relations, having been in habits of familiar intercourse of a pretty extensive nature, with the people of this country, and having indeed some acquaintances now residing in Louisiana, and, above all, having formerly travelled not a little, purposely for information, & having naturally acquired in some degree, that habit of attention and research, which is so essential where the objects of enquiry are daily shifting; I have conceived that I might without great presumption, intimate to you a disposition to engage in such a business, under the idea that no formal appointment would be necessary, for so temporary an object, so as to disqualify me from serving the state of Kentucky.
I have said nothing on this subject to any of my friends here, because the probability of any one being wanted for such an undertaking is merely a conjecture of my own; though were it thought necessary to obtain the opinion of any one in this country; the knowledge which the governor has of me from an acquaintance of seven years whilst acting as secretary of state, would no doubt enable him to afford you every degree of satisfaction.
The time which the business would occupy would not, I presume, materially interfere with my official engagements: and as I should be ready to set out within a few days after hearing from you; I should calculate upon returning early in November, when our legislature assembles, and when my being here is more essentially necessary.
I have felt I confess some little hesitation whether I should take the liberty of thus introducing myself to your attention: but as on mature reflection, my judgement points out to me no impropriety in it; I throw myself on your candour & friendly indulgence and remain dear sir very respectfully Your most obedt. Servt.
Harry Toulmin.

   RC (DLC). Docketed by JM; docketed by a clerk “(Private)” and as received 9 Aug.

   Letter not found.


Title: To James Madison from James Leander Cathcart, 25 July 1803 (Abstract)
From: Cathcart, James Leander
To: Madison, James

25 July 1803, Leghorn. No. 10. Encloses news from Nissen at Tripoli brought by a French ship that arrived “Last night.” Has not heard from Davis at Tunis or from Morris, “which seems to me as extraordinary as improper.” Foresees difficulties in the coming negotiation: “we have lost our importance in those seas, & if it is not speedily retrieved by a brilliant act we must & had much better at once comply with those Bashaws demands,” as Sweden and Denmark have, for “nothing less will satisfy the avarice of those chiefs one concession is allways the fore runner of an other.” Was informed by Ulrich, the Danish consul at Leghorn, that the bey of Tunis was displeased with last year’s consular present of almost $10,000. Sees no probability that the U.S. can pay a smaller sum. Will delay procuring the gifts in hopes of receiving advice from JM “after the arrival of Mr. Eaton at the seat of government.” Has negotiated bills on JM for $22,200 at 10 percent discount, which leaves $20,000 after expenses. Could not get better terms since he has no credit on London. A letter of advice will give JM the particulars of the transaction. Will write on his arrival at Malta.

   RC and enclosure (DNA: RG 59, CD, Tripoli, vol. 2). RC 2 pp. For enclosure, see n. 1.

   Cathcart enclosed extracts of letters from Nicolai C. Nissen dated 4 and 8 June 1803 (4 pp.; two copies; both docketed by Wagner; 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)., 2:439–40, 447). In the first, Nissen wrote that two American frigates and a schooner had appeared before Tripoli on 9 May and that there had been “several canonadings between the Frigates the Forts & the Gunboats but to no effect.” On 27 May a xebec of 14 guns entered Tripoli harbor despite fire from the frigates. Of the other absent cruisers, “two are safe in the Levant & the other is supposed to have been lost.” On 29 May the schooner signaled a demand for a boat to go on shore; the boat was sent and returned that evening with a letter from the commodore to the bashaw which was said “to contain propositions of Peace.” On 4 June an answer was sent, reportedly agreeing to negotiations with the Americans on condition of a payment of $500,000 and an annuity of $20,000. Observes that Tripoli is well stocked with provisions, European goods, and money, that “a simple blockade is as expensive as useless,” and that American ships are not safe in Mediterranean waters. In his letter of 8 June Nissen wrote that Morris had come into Tripoli under French protection. He added in a postscript the next day: “Morris return’d on board the Negociation is at an end & no Peace will be concluded yet.”

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


Title: To James Madison from Frederick Hyde Wollaston, 25 July 1803 (Abstract)
From: Wollaston, Frederick Hyde
To: Madison, James

25 July 1803, Genoa. Encloses a Ligurian Senate decree “prohibiting the entry of all goods the produce of England & her Colonies” and a copy of a note he sent the government. Observes that the government has adopted this measure against its inclination; is “persuaded that if any American Vessel was to arrive here with British East or W. India prod⟨uce⟩ they could be entered & admitted without danger.” Fears that Genoa will be blockaded by Great Britain “in consequence of this measure & of the more aggravating Circumstances of the arrest” of a British officer and two seamen from a warship that “came in here a few days ago with a flag of Truce to offer the release of some Genoese seamen taken on board of french Vessels—The Ligurian Flag having hitherto passed unmolested by the English.” Sends this letter by the brig Favorite, Capt. Thomas Ridge, of Philadelphia, which is the only American ship to enter Genoa so far “the present year.” “The late general Peace” caused “considerable losses” and obliged his “Partnership in Trade to declare a State of Bankruptcy about two months ago.” Hopes to “make an amicable settlement” with his creditors. “Having ever exerted my utmost endeavors for the promotion of the Trade of the United States & having given Satisfaction I hope as well to the Government as to individuals of the Un: States who have had any concerns with me in the discharge of my office … I flatter myself that the Executive Power will not remove me from this office without a more sufficient cause of neglect of Duty, or other improper Conduct.” Desires to retain his office as a “very great mercantile introduction.” “During the present War, the Neutrality of the Un: States would enable me to extend a considerable branch of Trade here from thence.” Believes his acquaintance with Genoa, his eighteen-year residence, and his having “gained the good will of the Government & Inhabitants” will make him “better able to give general Satisfaction than a new comer.” Desires permission to visit the U.S. Would leave his vice-consul and secretary, “two very able Men who are fully equal to replace me,” in charge during his absence. Wishes a reply to this request and hopes to have an opportunity to make JM’s “personal acquaintance.”

   RC, duplicate, and enclosures (DNA: RG 59, CD, Genoa, vol. 1). RC 3 pp.; docketed by Wagner as received 24 Nov. Duplicate 4 pp.; docketed by Wagner. For enclosures, see nn.

   The Senate decree, dated 22 July 1803 (1 p.; printed in Italian; docketed by Wagner), also required neutral ships to obtain from the Ligurian commercial agent at their port of embarkation a certificate indicating the names of the ship and captain, the nature of the cargo, the number of the crew, and the ship’s destination. The agent was to certify that nothing in the cargo was the produce or manufacture of Great Britain or its colonies. Ships that did not have such a certificate were liable to inspection and, if found with British goods, confiscation. Wollaston also enclosed a handwritten translation of the decree (2 pp.; docketed by Wagner).

   Wollaston enclosed a copy of his note to Senator Lugi, 25 July 1803 (2 pp.; docketed by Wagner), acknowledging receipt of the decree and complaining of the hardship it would cause American merchants on two counts: first, because there were no Ligurian commercial agents stationed in American ports, it would be impossible for merchants there to obtain the required certificates; and second, because the volume of American trade with the British, French, and Spanish West Indies was so great and the provenance of the produce so easily confused, Americans would avoid trading with Genoa for fear that their cargoes would be confiscated under this new law.

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


Title: From James Madison to Thomas Jefferson, 26 July 1803
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Washington July 26. 1803
Having recieved some days ago, but not in time for the last mail, the inclosed petition, I have thought it proper to forward with it a pardon, that in case it should be extended to the party, delay might be avoided. I know nothing more of the convict or of the merits of the petition than are to be gathered from the petition itself and the letter from W. Jones. It is signed, I observe by respectable names of all parties. Mr. Wagner will open your answer and make the proper communication to Mr. W. Jones.
No foreign information has been recd. since your departure; nor is any thing further known with respect to Bernadotte or Merry.
I have sent for a pr. of horses, and expect them here in two or three days. I am hurrying my preparations to leave this place as soon as they arrive, but have found the winding up the essential business more tedious than I was fully aware. Several letters which go into cypher particularly one to Mr. Monroe on the subject of Spain have run into considerable length. Mr. Gallatin is still here, but considers every [sic] as his last. Mr. E. Livingston made a visit for two days, and returned, I believe without saying a word to any one on the subject which was supposed to cause the visit; nor do I believe that a word was said to him on it. With respectful attachment I remain yrs.
James Madison
I got Mr. Wagner to see Mr. Mason on the subject of the Pardon. Mr. Mason has promised to write to you
I inclose a supplemental communication from Mr. King, in several views important. Also a letter resigning a Commission of Bankruptcy

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 29 July and with the notation: “Samuel Miller. E. Livingston. King’s lre.”

   Samuel Miller’s petition for pardon has not been found. Miller had been convicted of burglarizing a house in Alexandria County, District of Columbia, and was scheduled to be executed on 20 Aug. 1803. Jefferson issued a full pardon on 25 July 1803 (DNA: RG 59, PPR; 1 p.).

   JM to Monroe, 29 July 1803.

   In June 1803 a U.S. Treasury audit of the accounts of the district attorney for New York, Edward Livingston, revealed a shortage of funds. Livingston was not able to repay the money, and he resigned from office in August 1803 (William B. Hatcher, Edward Livingston: Jeffersonian Republican and Jacksonian Democrat [Baton Rouge, La., 1940], pp. 93–99).

   Rufus King to JM, ca. 20 July 1803.


Title: To James Madison from William C. C. Claiborne, 26 July 1803
From: Claiborne, William C. C.
To: Madison, James

Sir,
Near Natchez July 26th. 1803
The Road leading from this Territory thro’ the Chickasaw & chactaw country to Tennessee has become Very insecure.

Robberies are frequent, one Citizen has recently been killed, and two others wounded.
The robberies are supposed to have been committed by a party of abandoned white-men who alternately infest the Mississippi River & the road; the other Depredations may be attributed to a few cowardly & base Indians, who in executing their savage Law, the “Lex talionis,” thought it most convenient to make a defenc[e]less Traveller their Victim; the use of this Road therefore, is an object of much fear, and unless some means of protection are speedily resorted to, My opinion is, that the outrages will be renewed, and with encreased Violence.
It appears to me, that if two small detachments of regular Troops were Stationed at suitable positions, on the Public Road, between our settlements & the chickasaw towns, with orders to give protection & assistance to Travellers, and in the event of Depredations to pursue & arrest the offenders and convey them to Natchez for Trial, the Road might soon be Used in safety.
If the President should deem these establishments advi[s]able, & should wish the assent of the Indians thereto, I will either in person, or thro’ the Agents in the Nation, make immediate exertions to secure that Assent.
The white-men who rob on the Wilderness Road, and on the River, are supposed to be headed by a certain Saml. Mason rendered infamous by his crimes; This Man and his associates were lately apprehended in Louisan’a, & the Governor General of that province determined to surrender them to the Executive of this Territory, but on their way thither, they effected their escape, by killing one, and wounding several of the guards.
I have offered a reward of five hundred Dollars for the apprehending these Robbers, & ordered out at different periods, several small detachments of Militia, in pursuit of them, but their arrest has not yet been effected. The Acting number of this Banditti is (at this time) said to amount from 12 to 16 & their Accomplices are Supposed to be numerous.
Untill these Robbers should be arrested, and some regular troops stationed on the Wilderness Road, I think it would be a prudent measure to Keep on constant duty, about 20 mounted militia of this Territory in order to guard the Travellers, whose persons & properties are at this time, greatly Exposed, & on this point, I shall be solicitous to receive your instructions. I am Sir with great Esteem & respect Your Hble Servt,
William C. C. Claiborne

   RC (DLC). In a clerk’s hand, signed by Claiborne. Docketed by JM.

   Lex talionis: the law of retaliation.

   The infamous Samuel Mason (ca. 1750–1803), who preyed upon travelers returning from New Orleans along the Natchez Trace, was murdered by two of his confederates in the summer of 1803.

   The rest of this sentence is in Claiborne’s hand.