Title: To James Madison from William Henry Harrison, 8 September 1801
From: Harrison, William Henry
To: Madison, James

Sir
Vincennes 8th. Septr 1801.
The late Secretary of State having neglected to send on a seal for the General Court of this Territory and as it was impossible to do without one I employed Mr. Small of this place to supply the deficiency. He has executed his task extremely well & his charge (30 Dollars) I think very reasonable. As disbursements of this kind for the Territories have usually been made through your office I have advised Mr. Small to direct his account to you & shall be much gratified if you should think proper to order it to be paid. I have the Honour to be ⟨Most⟩ Respectfully your Hume Servt.
Willm. Henry ⟨Harrison⟩

   RC and enclosure (DNA: RG 217, Misc. Treasury Accounts, no. 12,845). Cover marked “Mr. Jones” by Harrison. On the cover Auditor Richard Harrison wrote: “The Secy. of State will be pleased to say on the Acct. whether it is to be allowed. / RH.” Beneath that note JM replied: “Dept. of State. Nover. 7. 1801 / I see no ground for refusing payment in this case. The charge appears to be high, but Governour’s judgment ought to be respected. / James Madison.” For enclosure, see n. 2.

   John Small (d. 1821) had resided near Vincennes as early as 1784. He seems to have been engaged in a variety of activities—gunsmith, surveyor, sometime sheriff of Knox County, territorial legislator, and adjutant general of the territorial militia (Carter, Territorial Papers, Indiana, 7:345–46, 565–66; Logan Esarey, ed., Messages and Letters of William Henry Harrison, 2 vols., Indiana Historical Collections, vols. 7, 9 [Indianapolis, 1922], 1:208 n. 3).

   Small’s account (1 p.), dated 5 Aug. 1801, is followed by his request addressed to the secretary of state that the amount of $30 be paid to Thomas Jones.

   Harrison served as governor of the Indiana Territory from 1800 to 1812.


Title: To James Madison from William Thornton, 8 September 1801
From: Thornton, William
To: Madison, James

My dear Friend
City of Washington Septr. 8th: 1801.
I have this Day heard that the Treasurer of the United States has resigned. An opening therefore presents, which is too respectable not to be coveted, and I should have applied sooner for this, had I not conceived an Application indelicate, previous to his resignation; though I heard, some time ago, that it would take place. Indeed, of all the Offices in the Gift of the President, I do not know one to which I should so much aspire; and, an Application I made as long ago as in March last, when any Vacancy should occur, gives me Cause to hope that if the President has no Objection to my filling this honorable Station, so early an Intimation of my wish will not be unfavourable, if I stand equal to others in the Scale of worth & Ability.
I have hesitated whether or not to address you as my Friend on this occasion. I know how irksome the Task of recommendation is, where any Doubt remains on the mind; and I should write with very great reluctance, were I to solicit more Interest in my behalf than a love of Truth & Justice would dictate to you; but, though I request you to do me the favour to mention my Name to the President, yet I would not wish it if there be in your Opinion any Impropriety in the Application. To you I leave this, being certain that whatever meets with your Approbation must be right; whatever meets not with your concurrence ought to be suppressed.
It was reported by a Person in George Town that the Office was promised to him, but not an Individual believes it possible, on many Accounts.
I take the liberty of inclosing a few Lines to the President of the United States, which you will do me the favour of forwarding if my Application should meet with a kind reception from you, & I must also beg your forgiveness for having presumed to give you this trouble.
I am, dear Sir, with the sincerest good wishes for your Health & happiness, Your affectionate Friend
William Thornton.

   RC (NN).

   Samuel Meredith, appointed treasurer of the U.S. in September 1789, resigned his office effective at the end of October 1801. His 29 Aug. letter arrived at Monticello on 3 Sept., and Jefferson immediately offered the post to Joseph Habersham (Meredith to Jefferson, 29 Aug. 1801, Jefferson to Meredith, 4 Sept. 1801 [DLC: Jefferson Papers]; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:25, 400; see also Habersham to JM, 31 Aug. 1801, n. 1).

   Thornton may have been referring to Joseph Habersham or possibly to Samuel Hanson of Samuel. Hanson, editor of the Federalist Centinel of Liberty and George-town Advertiser, had recently been dismissed as cashier of the Bank of Columbia, and there were rumors that he was to be Meredith’s successor (Records of the Columbia Historical Society, 8 [1905]: 11–12, 9 [1906]: 91–92, and 51–52 [1948–49]: 111; Washington Federalist, 11 Sept. 1801).

   Thornton’s 8 Sept. letter to Jefferson has not been found, but Jefferson received it on 17 Sept. and noted that its contents related to “off[ice seeking]” (Jefferson’s Epistolary Record [DLC: Jefferson Papers]; see also JM to Jefferson, 16 Sept. 1801).


Title: To James Madison from Charles Pinckney, 8 September 1801
From: Pinckney, Charles
To: Madison, James

Letter not found. 8 September 1801. Mentioned in Pinckney to JM, 14 Sept. 1801. Discusses news from Egypt and the probable consequences of installing a new elector of Cologne. Also mentions the likelihood that a new constitution will be proposed for the Batavian Republic.


Title: To James Madison from Tobias Lear, 9 September 1801 (Abstract)
From: Lear, Tobias
To: Madison, James

9 September 1801, Cap Français. No. 10. Understands that Roume accepted Lear’s refusal to intercede in his problem with Toussaint over official documents. Roume has since sailed for New York under an assumed name after Lear obtained a false passport from government of Saint-Domingue to protect him from British cruisers. M. Nogérée, who delivers this dispatch, is a member of the central assembly that wrote the new constitution. He will visit Pichon on his way to France on public business and will be able to give a true account of developments. Toussaint is on a visit to the Spanish part of the island. Two British vessels cruising off the harbor for the past four or five weeks stop American ships but treat them civilly. Encloses copy of Toussaint’s letter to the municipality of Cap Français and a newspaper containing Toussaint’s address to the central assembly and their reply. Notes that laws are not yet published.

   RC and enclosure (DNA: RG 59, CD, Cap Haitien, vol. 3); FC (ibid.). RC 3 pp.; docketed by Wagner as received 20 Oct. Surviving enclosure is a copy of Toussaint to the administration of the municipality of Cap Français, 29 Aug. 1801 (2 pp.; in French). Enclosed newspaper not found, but see n. 1.

   The texts of Toussaint’s 18 Aug. address to the central assembly praising the organic laws and the assembly’s reply were printed in the National Intelligencer, 23 Oct. 1801.

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


Title: To James Madison from Joseph Hamilton Daveiss, 9 September 1801
From: Daveiss, Joseph Hamilton
To: Madison, James

Letter not found. 9 September 1801. Mentioned in Daveiss to JM, 4 Nov. 1801, as unanswered and in JM to Daveiss, 26 Nov. 1801, as not received. Reports on Madison family land claims on Panther Creek in Kentucky.


Title: To James Madison from David Humphreys, 10 September 1801
From: Humphreys, David
To: Madison, James

No. 286.
Sir,
Madrid September 10th. 1801.
The information contained in the Post-script of my letter, of the 1st. instant from St. Ildefonso, that Grand Cairo had surrendered to the English and Turkish armies, has been confirmed. As this letter may possibly have a speedy conveyance by a Vessel which is ready to sail for the United States from Bilbao, I enclose a French Gazette, containing the capitulation, and likewise the Treaty between Russia and England.
I also put under this cover a Gazette extraordinary of this city, in which is published the Report of the Prince of Peace with respect to the origen of the disorders and insurrections in Valencia: and the Resolution of the Catholic King thereon. This Report, imputing the blame in the most unequivocal manner to the Magistrates, has caused much conversation; and will make many friends as well as enemies to the Author of it. The operation of the measure suggested will doubtless be very salutary in quieting the popular movements in that part of the Country.
Several conferences have been held between the Ambassador of France and the Minister of Portugal within these few days past. Farther propositions received from the former by the latter have been sent to the Court of Lisbon. On the answer, which is expected in about four days, war or peace will depend. In the mean time a Corps of British Troops have occupied the Island of Madeira, which was undoubtedly done by the consent of Portugal, and seems to indicate an apprehension that a pacific arrangement with France will not take place. It is believed the French Squadron from Toulon, under the orders of Admiral Linois, which was attacked in Algeciras Bay by Sir James Saumarez, was destined on an expedition against that or some other of the Portuguese possessions. The project must, however, now be at an end for by the last accounts from Cadiz, there were fifteen British Ships of the Line and two or three frigates before that Port.
The convention between the Pope and the first Consul of France has been ratified by the former. And it is said a Legat à latere will be sent to reside near the person of the latter.
Since the taking possession of the Grand Dutchy of Tuscany, by the Hereditary Prince of Parma, under the title of King of Etruria; it appears by letters from Germany, that the Diet of Ratisbon is about occupying itself seriously with the execution of the Treaty of Luneville, in regard to the indemnities stipulated by it. The election of a new Bishop of Munster, in the person of the Archduke Anthony, it is thence imagined may meet with some obstacles.
From Tunis and Leghorn I learn Commodore Dale had published a Notification, purporting that, the Bashaw of Tripoli having declared War against the United States, the port of Tripoli was blockaded by an armed force of the said States, and that all Vessels attempting to enter the same would be treated according to the laws of Nations. This is the first instance (within my recollection, during my residence in Europe) of any of the ports of the Barbary Powers being put in a state of Blockade, notwithstanding their multiplied piratical aggressions against the Christian Nations. I cannot but flatter myself it will produce the happiest consequences, by being a commencement of the verification of the prediction which I made in print more than fifteen years ago (when not a single armed Vessel, public or private, was owned in the United States) that the time would come when the United States would be the Authors of the System for exterminating the piracies, for so long a period committed with impunity, by the Barbary Powers.
I have received no direct advices from any of our frigates, since the Vessels under the convoy of the Essex passed thro’ the Streights of Gibraltar into the Atlantic, which was on the 29th. day of last month.
I have felt much anxiety and distress, in this moment being informed, that the Catholic King was seized with a dangerous fever (said to be of the pleuratic kind) the night before last. Had not the Queen and Prince of Peace, as it were forced him to let blood be taken from him, in all probability he would not now have been in existence. Bleeding has been made use of three times, and a blister applied to his breast … apparently with success, for last night he was somewhat better. At the circle after the Queen’s dinner the day before His Majesty was taken ill, it is remarkable that he should have made use of the following observation: “Quand nous autres nous nous faisons saignés nous sommes surs de mourir.” I ardently hope it will be far from being prophetic in the present case. Should His Majesty not be much better before to-morrow, I shall not be able to dispense with returning to St. Yldefonso, with such other persons of the Diplomatique Corps as are now in this Capital. With sentiments of high consideration and perfect esteem, I have the honour to be, sir, Your most obedient and most humble Servant,
D. Humphreys.
⟨P. S.⟩ to No. 286.
St Ildefonso Septr. 18th. 1801.
In consequence of the King’s Malady, I found it indispensably necessary to come with all the Diplomatic Corps to this Royal Residence. Happily H. M: recovered in an astonishingly rapid manner. I inclose an extaordinary Gazette on the subject of his illness & recovery. I have received letters from the Captains of the frigates of the U. S. the Philadelphia & Essex from Malaga; and I find by other accounts that they sailed from thence on the 12th inst to join Commodore Dale before Tripoli.
The Declaration of the Blockade of that Port by an American naval force has made no inconsiderable sensation in Europe.
Captn. Barron of the Philadelphia will doubtless have informed the Secretary of the Navy, that, in consequence of his vigilance in watching the two armed vessels of Tripoli at Gibraltar, the High Admiral has been obliged to dismantle & abandon those ves⟨sels.⟩
The Consul of the U. S. at Gibralt⟨ar⟩ writes to me, that the timely arrival of the Squadron under the orders of Commodore Dale has prevented at least 25 Merchant vessels belonging to Citizens of the U. S., with rich Cargoes, from falling into the possession of those Pirates. I forward to you herewith a letter from Captn. OBrien to me, dated at Algiers the 5th of this Month, in which he gives the report of an action fought between the American Schooner Enterprize & a Corsair of Tripoli, wherein the latter is said to have had 71 Men killed. But it is very singular that no farther circumstances of the encounter are related.
The Chargé des Affaires of Sweden informs me, that by the Dispatch which he has received from his Court this Week, he is advised that His Swedish Majesty has refused to ratify the Treaty with Tripoli, & that he is about to send a Squadron to the Mediterranean, to join the frigate now ⟨ac⟩tive & to consist of three frigates & two Cutters.
D. Humphreys

   RC and enclosure (DNA: RG 59, DD, Spain, vol. 5). RC in a clerk’s hand, except for Humphreys’s signature and postscript; docketed by Wagner. Surviving enclosure is the Gazeta extraordinaria de Madrid, 5 Sept. 1801.

   Humphreys’s ellipsis points.

   “When we are bled we are at the point of death.”


Title: To James Madison from William Eaton, 10 September 1801 (Abstract)
From: Eaton, William
To: Madison, James

10 September 1801, “On board the United States Ship President, road of Tunis.” Reports that President is in port for repair of fore-topmast. Believes the U.S. government has “very much mistaken the character of these Barbary States,” whose rulers regard courtesy as cowardice, moderation as diffidence, and civility as submission. States that the kindness of a Danish commander to his enemy the previous summer won him the epithet of “An old midwife” and cost his government a half-million dollars for a peace treaty. Advises that America use force, energy, and decision to avoid similar conditions for peace; “temporizing with these people will not do.”

   RC (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC 1 p.; docketed by Wagner as received 19 Nov.

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


Title: To James Madison from Robert W. Fox, 10 September 1801 (Abstract)
From: Fox, Robert W.
To: Madison, James

10 September 1801, Falmouth. Has nothing in particular to report since his letter of 8 Aug. Harvest is good and prices are falling fast. Flour is fifty to fifty-eight shillings per barrel; rice, twenty-two to twenty-six. Attributes fall in price of latter to plentiful harvest and quantity anticipated from East Indies. States that American shipping is sought for cargoes to Mediterranean ports even though rates are 10 to 25 percent above what other neutrals demand. American seamen are not molested by Royal Navy officers at Falmouth. Ships flying American flag sometimes refuse to show registers. Wishes to know, if such ships are truly American, whether they are obliged to show registers to consul and whether there is a penalty attached to such refusal. Encloses “Courier News Papers.”

   RC (DNA: RG 59, CD, Falmouth, vol. 1). 2 pp.; docketed by Wagner. Enclosures not found.

   The refusal of ship captains to exhibit their papers was a constant source of complaint by American consuls. Congress addressed the problem in the statute of 28 Feb. 1803, which required masters of American vessels to deposit their papers with the consuls under penalty of a $500 fine (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:203–5).

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


Title: To James Madison from Rufus King, 10 September 1801 (Abstract)
From: King, Rufus
To: Madison, James

10 September 1801, London. No. 34. Based on a slight acquaintance, has a favorable opinion of the author of the enclosed memoir, which may be of use to southerners.

   RC and enclosure (DNA: RG 59, DD, Great Britain, vol. 9); letterbook copy and English translation of enclosure (NHi: Rufus King Papers, vol. 54). RC 1 p.; in a clerk’s hand, signed by King; docketed by Wagner. Enclosure (8 pp., in Spanish) is an essay by P. Oribe y Vargas dated London, 4 Aug. 1801, on the cure and prevention of reactions to the bite of venomous snakes through the use of the guaco plant. King apparently enclosed an English translation of the essay as well, since the version in King’s letterbook was printed in the National Intelligencer, 21 Dec. 1801, along with an extract of his letter.


Title: To James Madison from Daniel Murgatroyd, 10 September 1801 (Abstract)
From: Murgatroyd, Daniel
To: Madison, James

10 September 1801, Philadelphia. Encloses papers pertaining to detention of brig Sally mentioned in Thomas Eldred’s letter to JM of 1 June 1801 [not found]. Was with Eldred in Madrid in 1799 and knows the trouble he experienced from the detention of his property. Requests JM to acknowledge receipt of this information and advise him on need for further documentation to settle matter.

   RC (DNA: RG 59, ML). 1 p. Enclosures not found.

   Eldred’s brig was seized at Alicante in May 1797 and the cargo sold. The vessel later sank in the harbor there. The case was to come to JM’s attention again, but he was reluctant to espouse it too vigorously as he suspected that Eldred was not an American citizen (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:445; see also JM to Charles Pinckney, 5 Feb. 1802; and JM to Asher Robbins, 10 June 1803 [DNA: RG 59, DL, vol. 8]).


Title: From James Madison to Thomas Jefferson, 11 September 1801
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Sepr. 11. 1801
The mail of wednesday brought the despatches from France which ought to have come in the preceding one. I inclose them with sundry other letters &c. They would have been sent yesterday but an express could not readily be procured. I have engaged the Bearer a free negro of good character to deliver them to you as early today as he can accomplish the ride. He is to receive a dollar & a half per day, counting a day for going, the like for returning, and adding the time he may be detained. As it may not be convenient for you to read ⟨t⟩he papers in time to return them, with any directions you may wish, by the post of tomorrow, you can keep him as long as may be necessary. I shall be glad to have the letters back which require answers that may be prepared for the mail in course.
The complaint I brought with me from Monticello proved more slight than I apprehended. It has kept me however little fit for business since my return, and I do not yet find myself in the state to be desired. I shall nevertheless take up the subject of instructions for Mr. L. that no delay may happen. Be so good as to let me know when the Boston will be ready, and any account if any you have as to Mr. Livingstons forwardness for embarking. I have not yet recd. from Wagner some papers required to assist my agency in the case, nor do I recollect that the Commission & letters of Credence were signed before we left Washington. Perhaps these may have gone on to you yesterday. As it has been objected to Murray, that he had no special commission, it might not be amiss to add one to Mr. L. if it could be done without delay.
Bishop Madison & Doctor Jones b[e]ing with me, & understanding that I am sending a Messenger to Monticello, charge me to tender you their particular respects. With the sincerest attachment I am Dear Sir Yours
James Madis⟨on⟩

   RC (DLC: Jefferson Papers). Damaged by removal of seal. Docketed by Jefferson as received 11 Sept.

   See Wagner to JM, 31 Aug. 1801, and n. 5, and 12 Sept. 1801.

   Dr. Walter Jones (1745–1815), JM’s colleague in the Virginia General Assembly in 1785 and 1786 and in the state ratification convention of 1788, had served in Congress, 1797–99. He would return to the General Assembly in 1802 and to Congress in 1803 (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 12:216 n. 1).


Title: From James Madison to Charles Pinckney, 11 September 1801
From: Madison, James
To: Pinckney, Charles

Sir,
Department of State Washington 11th. Septr. 1801
In a postscript to his letter of the 21st. of April last, Colo. Humphreys transmitted a complaint he had received from the Minister of State, that the Spanish Schooner Marcelina had been robbed, about forty leagues westwardly from the Canaries, by a vessel, which on very vague grounds was suspected to be an American. On the 23d. of the same month, Colo. Humphreys returned a provisional answer, in which he promised to refer the complaint to his government, gave assurances that the offender, if found to be an American, would be severely punished and satisfaction made, but insisting upon the inadequacy of the circumstances alledged as denoting the aggressor to belong to us. You may repeat these remarks with the additional assurance, that none of our public vessels were near the scene of the depredation at the time it happened; and that if the government of Spain will enable us to fix the charge upon any private vessel of the United States, we shall be gratified in the opportunity of rendering justice to their complaint. In consequence of my letter of which a copy is enclosed the Chevalier de Yrujo has promised to write to the Governor of Cuba, in favor of our seamen taken on board British vessels. You will be pleased to represent both the subjects of the letter to the Spanish government.
The inclosed copies of a letter from Mr. Hulings our Vice Consul at New Orleans and a memorial from the American merchants residing and trading there merit your attention. Mr. Daniel Clark has been substituted in the Consulate for Mr. Jones. When I shall have the pleasure to learn that you have procured the recognition of our right to the establishment of a Consulate there, I will if necessary forward a copy of his commission to you, that you may procure the Kings Exequatur. But there would be convenience in permitting either the Governor of Louisiana or the Captain General of Cuba to grant provisional Exequaturs to our Consuls at New Orleans.
The enclosed sketch drawn up by the President when Secretary of State in the year 1790, concerning the navigation of the Mississippi and other collateral points may contribute to enlarge your view of that very important subject.
In referring you to the enclosed circular, which has lately been dispatched to the Consuls and Commercial Agents of the United States, it is necessary that I should say something with respect to the accounts, which they are instructed to settle with you. It is not recollected, that any ordinary service is authorized for which it would be necessary for them to expend public money, except for the relief of seamen. In any emergent cases, they are referred to you for a sanction to their expenditures. You will give it according to your direction, having always in view the appropriation laws. They must of course present you with vouchers in all possible cases, and you may according to the practice, which has hitherto been pursued, allow them, if they chuse to ask compensation, a reasonable commission on their expenditures not exceeding five per cent. Your letter of credit will enable you to draw funds to pay these accounts. In your drafts on the Bankers you will specify the purposes for which they are made. With the highest respect &c. &c.
James Madison

   Letterbook copy (DNA: RG 59, IC, vol. 1). Enclosures not found.

   David Humphreys to JM, 21 Apr. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:108–9).

   See JM to Yrujo, 24 July 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:474), and Yrujo to JM, 3 Aug. 1801.

   JM may have enclosed a copy of a 20 Feb. 1801 memorial from American merchants and traders at New Orleans petitioning for a recognized consul there. William E. Hũlings had forwarded the memorial in a letter of the same date, and he also wrote to JM on the same subject on 2 May 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:139 and n. 2).

   The enclosure was probably a copy of a memorandum Jefferson included in his 2 Aug. 1790 letter to the American chargé d’affaires in Madrid, William Carmichael, in which Jefferson listed some “points of consideration” on the right of Americans to free navigation of the Mississippi River, arguing that such usage inhered both in nature and in treaty (Boyd, Papers of JeffersonJulian P. Boyd et al., eds., The Papers of Thomas Jefferson (22 vols. to date; Princeton, N.J., 1950—)., 17:113–16).

   Circular Letter to American Consuls and Commercial Agents, 1 Aug. 1801.

   JM’s clerk probably should have written “discretion” (see the nearly identical passage in JM’s instructions to Livingston, 28 Sept. 1801).


Title: To James Madison from Thomas Jefferson, 11 September 1801
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Sep. 11. 1801.
I have no letter from you by the mail, whence I conclude I may possibly recieve something by private conveyance. A letter from miss Paine to Virginia Randolph saying nothing of your health makes me hope it is reestablished. I inclose you a letter from Genl. Saml. Smith with Barney’s letter to him. It contains matters worthy of some attention. I do not believe that Murray would endeavor to defeat the treaty. On the contrary I believe he would be anxious to get it through. However the more I reflect on it the more I am satisfied it’s non-ratification is unimportant, and will give us all the benefits of peace & commercial relations without the embarrasments of a treaty. You will recieve by this post my letter to the Bey of Tunis, & one to Rob. R. Livingston on Neutral rights; both open, & to be forwarded. I have recieved no letter by this post from mr. Gallatin which augurs ill of the situation of his family, as he has had occasion to write me weekly on a great variety of matter. Accept assurances of my constant & affectionate esteem & great respect.
Th: Jefferson

   RC (NjP); FC (DLC: Jefferson Papers).

   Samuel Smith’s 29 Aug. letter to Jefferson, enclosing that of Joshua Barney to Smith of 11 July (DLC: Jefferson Papers), stated that Barney’s letter would help to explain why the exchange of ratifications had not succeeded and “will shew that Federalists Can not be trusted with the Objects of Government.” Barney had written Smith from Paris that he hoped Smith would be coming to France as negotiator, adding: “had the president charged Mr Dawson with whatever negociation might be found necessary I know that the treaty would have been ratified ten days after his arrival, but at present it is very uncertain. Mr. Murray does not like what has been done in the U S every man who knows him, knows also his attachment to the British, & his dislike to france, it is with pain he sees that there is likely to be a reconciliation between france and the U S.” Barney explained that the first thing Murray had done was to appoint Mountflorence secretary of the embassy, “when he knew that there was not a publick Officer in france from the first Consul, down, that did not dispise & suspect his principles.” Barney charged that Mountflorence had required several Americans seeking claims to pay him 5 percent of the value of their cargoes before he would deliver their papers.

   Jefferson’s 9 Sept. 1801 letter to Hammuda Bey was in reply to that of 15 Apr. 1801 addressed to John Adams, complaining that not all the promised regalia had arrived and adding a request for forty twenty-four-pound cannon. Jefferson assured the bey that by the time the letter reached him all the stipulated articles should have been received and that the American squadron in the Mediterranean meant him no harm (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:358).

   In his 9 Sept. letter to Livingston, Jefferson explained that Livingston’s instructions would not mention the issue of “free ships make free goods” because the U.S. had not intended to take any side during the war. Jefferson offered as his personal opinion that if circumstances changed in Europe, he could support the idea as a “convenient rule” (Jefferson to Livingston, 9 Sept. 1801, Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:88–89).

   Gallatin wrote to Jefferson on 12 Sept. that the change in weather seemed to restore his and his son’s health (Gallatin to Jefferson, 12 Sept. 1801, reproduced in Papers of Gallatin [microfilm ed.], reel 5).


Title: From James Madison to Willink, Van Staphorst, and Hubbard, 11 September 1801 (Abstract)
From: Madison, James
To: Willink, Van Staphorst, and Hubbard

11 September 1801, Department of State, Washington. Informs the firm that Robert R. Livingston, having been appointed minister to France, is authorized to draw on them for his annual salary of $9,000, for contingent expenses of the legation, and for as much of his outfit of $9,000 as he may decide not to receive in the U.S.; he is also authorized to draw money to pay accounts of certain consuls that he is charged with settling. His secretary, Thomas Sumter, is authorized to receive an annual salary of $1,350.

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


Title: From James Madison to Willink, Van Staphorst, and Hubbard, 11 September 1801 (Abstract)
From: Madison, James
To: Willink, Van Staphorst, and Hubbard

11 September 1801, Department of State, Washington. Notifies the firm that Charles Pinckney is responsible for settling accounts of some U.S. consuls and is authorized to draw necessary funds. Instructs them to distinguish such payments from salary and contingent accounts of the legation.

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


Title: To James Madison from George Stacey, 11 September 1801 (Abstract)
From: Stacey, George
To: Madison, James

11 September 1801, Ile de France. Reports that several American ships recently arrived following opening of trade between U.S. and France. Copies of only articles 4 and 17 of the convention [of Mortfontaine] have arrived. Believes it is his duty to convey all such information until officially removed from office. Governor-General Magallon appears desirous of promoting U.S. trade with island; recent detention of neutral ships, including American, was dictated more by political necessity than by choice.

   RC (DNA: RG 59, CD, Port Louis, vol. 1). 3 pp.; signed by Stacey as “Vice-Consul”; docketed by Wagner as received 26 Jan.

   On 18 Feb. 1801 Adams had nominated George Stacey, acting agent at Ile de France, to be U.S. commercial agent at the French colonies of Ile de France (now Mauritius) and Bourbon (now Réunion). On 9 July 1801 Jefferson replaced him with William Buchanan on the grounds that Stacey was one of Adams’s “midnight appointments.” Following the resumption of trade, the number of American ships in port increased rapidly, from a low of four in 1800 to forty-six in 1802, surpassing the prewar high (Jefferson’s list of appointments, 1801–3 [DLC: Jefferson Papers]; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:382; A. Toussaint, ed., Early American Trade with Mauritius [Port Louis, 1954], pp. 75–77).

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


Title: From James Madison to Albert Gallatin, 12 September 1801
From: Madison, James
To: Gallatin, Albert

Dear Sir
Sepr. 12. 1801
I am just informed by a friend of Dr. Barraud of the Hospital at Norfolk that some arrangement communicated thro’ the Collector of that port, threatens him with the loss of his office; Having been very favorably impressed with the merits of this gentleman by strong representations from Bishop Madison & Judge Tucker, I hope to be excused for saying that I believe him to be a man of very respectable talents, of great private & official worth, and without any political tincture that ought to operate against him. The two gentlemen above named take such an interest in behalf of Docr. Barraud, that I am persuaded no doubt can exist of his title to be continued in his station, unless there be reasons for substituting another unknown to me. I understand that the Docr. is desirous of retaining the care of the Hospital, and will favor, even by some pecuniary self-denials if required, any views of œconomy that may mingle themselves with the new arrangements proposed.
Not knowing particularly what those may be I cannot pretend to judge of them, if they were less alien to the department of State. All that I mean is, in compliance with the wishes of those whom I respect & confide in, to bear the testimony due to a man of merit, and to furnish those who have to decide with such information as may enable them the better to compare the pretensions of competitors. I communicated formerly a letter from Bishop Madison on the subject of Docr. Barraud, to the President and have just forwarded to him one lately recd. from Judge Tucker. Most sincer[e]ly & respectfully I am Dr. Sir Yours
James Madison

   RC (NHi: Gallatin Papers). Docketed by Gallatin.

   On 15 Sept. Barraud sent Gallatin a counterproposal for continuing in office and cutting expenses (Barraud to Gallatin, 15 Sept. 1801, reproduced in Papers of Gallatin [microfilm ed.], reel 5).

   See Right Reverend James Madison to JM, 11 Apr. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:88–89).

   Jefferson forwarded Tucker’s 5 Sept. letter to JM to Robert Smith, commenting, “I can only add that Dr. Barraud is a man very much respected.” The efforts of Barraud’s friends on his behalf proved effective. George Balfour remained briefly in the post to which he had been assigned, then Barraud replaced him and retained the position of surgeon of the marine hospital until his death in 1830 (Jefferson to Robert Smith, 11 Sept. 1801 [DLC: Jefferson Papers]; Richard C. Holcomb, A Century with the Norfolk Naval Hospital, 1830–1930 [Portsmouth, Va., 1930], p. 111; Norfolk and Portsmouth Herald, 3 Dec. 1830).


Title: To James Madison from Thomas Jefferson, 12 September 1801
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Sep. 12. 1801.
Your’s of yesterday was delivered by your express about 5. aclock in the evening. My occupations for the departing post have prevented my answering instantly.
No commission, nor letter of credence was signed for mr. Livingston before we left Washington. I think the Boston has not yet left Boston for New York. I presume therefore that we can sign those papers in time after our return to Washington. I suspect, on view of Murray’s letters, that the real obstacle to the ratification is nothing more than a desire to obtain an express renunciation of the demand of indemnities. If this be the case it will probably be ratified on that condition. On the established principle that every thing is abandoned which is not provided for in a treaty of peace, the express abandonment would not be necessary if the 2d. article is expunged. Suppose we were to instruct Livingston, in case he finds on arrival at Paris that the ratification is witheld, that he propose the single article for the restitution of prizes, and say to them that with every disposition towards them of perfect friendliness & free commerce, we are willing to trust, without a treaty, to the mutual interests of the two countries for dictating the terms of our commercial relations, not doubting that each will give the best terms in practice to the other, that on the expiration of the British treaty we shall probably do the same with that nation, & so with others. Unless indeed events should render it practicable to sign a short formula merely explanatory or amendatory of the L. of Nations in a few special articles. The being in freedom to refuse entrance in time of war to armed ships, or prizes, to refuse or send off ministers & consuls in time of war, is a most desireable situation in my judgment. I wonder to see such an arrearage from the departmt of state to our bankers in Holland. Our predecessors seem to have levied immense sums from their constituents merely to feed favorites by large advances, & thus to purchase by corruption an extension of their influence & power. Their just debts appear to have been left in the background. I understood that the advance to Genl. Lloyd was to relieve his distress, and the contract a mere cover for letting him have the benefit of the 5000. D. What would you think of agreeing to annul the contract on his previous actual reimbursement of the money? I think we may conclude with tolerable certainty that the Tripolitans had not taken any of our vessels before Dale’s arrival at Gibraltar. What a pity he did not know of the war, that he might have taken their admiral & his ship. Mr. Church does not exactly ask for a restoration of his consulship of Lisbon: but I am inclined to think it the very best step we can take. However this may be a subject of conversation when we meet. I am happy to hear your complaint has been so slight. I hope the great change in the weather since last night will secure us against the return of any more very hot weather. My respects to the ladies, & sincere and affectionate esteem to yourself.
Th: Jefferson
P. S. All the papers are returned except Davis’s letter recommending a collector for the Ohio district.

   RC (DLC); FC (DLC: Jefferson Papers).

   For a discussion of James Lloyd’s contract with the Navy Department, see Wagner to JM, 7 Sept. 1801, and n. 6.

   Edward Church of Georgia had been appointed consul for Lisbon in May 1792 but was replaced by Thomas Bulkeley in July 1797. He wrote to JM on 23 June 1801 seeking an explanation and restitution for the injustice he had suffered (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:121, 248–49; PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:340).

   Letter not found. This may have been Kentucky congressman Thomas Terry Davis, an ally of Thomas Worthington to whom Jefferson gave the position of supervisor of the Northwestern revenue district in 1802 (Alfred Byron Sears, Thomas Worthington: Father of Ohio Statehood [Columbus, Ohio, 1958], p. 76).


Title: To James Madison from John Montgomery, 12 September 1801 (Abstract)
From: Montgomery, John
To: Madison, James

12 September 1801, Alicante. Has learned from consul at Tunis that two of the U.S. frigates have blockaded Tripoli. Encloses his account against the U.S. and substantiating vouchers for $2,238.15 Spanish milled dollars, balanced by his 8 Sept. draft on the secretary of the treasury for that amount.

   RC and one enclosure (DNA: RG 59, Consular Accounts and Returns). RC 2 pp.; signed by John Montgomery for Robert Montgomery; docketed by Wagner. Enclosure (2 pp.) is Robert Montgomery’s account, signed by John Montgomery, 8 Sept. 1801, listing expenditures from 30 May 1798 for defending captured ships, for postage, and for assisting abandoned seamen to the amount of 44,763 reals or $2,238.15 Spanish milled dollars. Another copy of the account (ibid.) bears Wagner’s notation: “Note / The Hannah and the Maria and Concordia were all carried into ports where other Consuls were established, which proves that Mr. Montgomery’s expenditures were not official, but mercantile, and no doubt for the interest of himself or his correspondents. / Wagner.”


Title: To James Madison from Thomas Parker, 12 September 1801 (Abstract)
From: Parker, Thomas
To: Madison, James

12 September 1801, Charleston, South Carolina. Transmits statements of federal circuit court docket, delayed by the absence of clerk owing to ill health and the long indisposition of his deputy.

   RC (DNA: RG 59, ML). 1 p. Parker was district attorney for South Carolina (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:459 n. 4). Enclosures not found, but the figures are in Jefferson’s annual message to Congress, 8 Dec. 1801 (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Misc., 1:319, 324; see also JM to Jefferson, 25 Feb. 1802).


Title: To James Madison from Aedanus Burke, 13 September 1801
From: Burke, Aedanus
To: Madison, James

Charleston 13th. Sept. 1801.
I remember, it was about the last fortnight that we served together in Congress, in 1791. I one day called You aside, and mentioned the name of Mr. Phillip Freneau to You, as one I knew You esteemed, and then lay strugling under difficulties, with his family. My memory brings to my recollection, that You mentioned the Matter to the Secretary of State, Mr. Jefferson. Freneau was invited from N. York, and had the place of interpreter, with a Mere trifle of a Salary. Little did William Smith know, that You were the Author or cause of bringing Freneau from New-York; or he might have turned against You, his terrible battery of the slanders and invectives which he poured forth against Mr. Jefferson for three or four Years afterwards. I am sorry to have it to say, that Freneau, with his Wife and two children, is still in embarrassed circumstances. He is a Virtuous, honest man, and an undeviating Republican; yet utterly incapable of Solliciting any thing for himself. The best appology I can offer for mentioning it is, that I know You have great regard for him. You were at College together, as I heard You often Say.
I have not the pleasure of being intimate with the present Secretary of the Treasury, tho I have been in his Company. His father in Law’s family in N. York always receive me as a friend. I fear I am incorrect in mentioning to You, what I know belongs to his department; and the statement that I am about to make is merely for his information.
The Surveyor for this Port, is Mr. Edward Weyman. Amoung the Republicans in, and around this city, there is a lively apprehension, that thro some mistake or other, he may be removed from his Employment; not so much, I do confess, on the Score of his being a very worthy honest man, as for his republican principles. During the reign of Terror in 1798. & 99. which struck into the minds of men such a dread and panic that in this City, there were not ten men to whom I dare speak my mind; there were not, I declare before God, there were not half a dozen men, yet Weyman never quited the Ground; and I expected every week nothing less than, than his removal. I congratulate You Sir, that that Season of Tribulation is past. I have been a prisoner of War in the hands of the British for Sixteen months, captured with the Garrison in Charleston: And provided I had a good Guarrantee of An Exchange, I would as lieve go to the Devil for Sixteen months more as be with the British Again; and yet, it was not so excrutiating to one’s feelings, as the despotic insolence, with which one part of our fellow Citizens hunted down those who differed from them in that day. I visited Philadelphia & N. York during part of that time. No historical account will be able to give a good idea of it. I fear it is a National Crime, and may God forgive the Guilty & Guard the innocent in future. Accept, Sir my high respect & Esteem for You.
AE: Burke

   RC (DNA: RG 59, LAR, 1801–9, filed under “Weyman”).

   Jefferson offered Freneau a clerkship in the State Department on 28 Feb. 1791, noting that he had been “told a few days ago that it might perhaps be convenient to you to accept it” (Boyd, Papers of JeffersonJulian P. Boyd et al., eds., The Papers of Thomas Jefferson (22 vols. to date; Princeton, N.J., 1950—)., 19:351). For a discussion of JM’s role in the appointment, see ibid., 20:724–26.

   On William Loughton Smith’s attitude toward Jefferson, see George C. Rogers, Jr., Evolution of a Federalist: William Loughton Smith of Charleston (1758–1812) (Columbia, S.C., 1962), especially pp. 291–94.

   Edward Weyman had succeeded his father in 1793 as surveyor of customs at Charleston, a post he held until shortly before his death in 1813 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:129; S.C. Historical and Genealogical Magazine, 38 [1937]: 98).


Title: To James Madison from Walter Jones, 13 September 1801
From: Jones, Walter
To: Madison, James

Dear Sir.
Stevensburgh Septr. 13th. 1801.
Your directions brought me Safely to this Place, where I met a Letter from Mr. Wormiley, So pressing for a rejunction of our Party, that I have sent a message of notification & Excuse to the Bishop, especially as I have settled my business here, & can get 10 miles on this day.
It certainly is of no great Importance, but I write this principally on account of the Extract following of Mr. W. Letter—“I hear that Mr. Madison is to resign, Mr. Levi Lincoln to Succeed him, and Mr. John Nicholas to be appointed attorney General.”
I suppose you have heard, how the directors of the federal Party have laboured to impress the opinion generally, that a very Serious Schism has taken place in the administration—that the President has given himself up to the direction of Mr. Gallatin and the violent Jacobins of the East, and that the most merciless persecution of their opponents is to follow, that you & Some others Viewed these Measures with extreme disgust & much more such Stuff, as is calculated to Shake the attachment, the hopes, or the Confidence of the weak & Luke-warm. The above report is a portion of this Plan.
Two very plausible prospects of a purchase in this part are presented to me—I shall examine them—my Interest & happiness are intimately connected with a removal to some healthy Country or Town Situation, as may best present itself—in the latter Event, I have some Views, in respect to which I failed to take occasion to confer with you, and should I fail to see you in the City, I shall trouble you with a Letter.
Please to present me very kindly to the Ladies & accept my most friendly respects.
Walt: Jones

   RC (DLC: Rives Collection, Madison Papers). Docketed by JM.

   Ralph Wormeley, Jr., was an old acquaintance of JM’s (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 6:208 n. 12).

   Stevensburg is located about twenty miles northeast of Orange in Culpeper County, Virginia.


Title: To James Madison from William Loughton Smith, 13 September 1801 (Abstract)
From: Smith, William Loughton
To: Madison, James

13 September 1801, Lisbon. No. 54. Obtained an audience of leave on 9 Sept. after “a pressing renewal of my application”; encloses a copy of his address. Plans to depart for Falmouth within a day or two. Has settled his accounts with Bulkeley, whom he has introduced to João de Almeida, the minister of foreign affairs, as the agent of communications from the U.S. Transmits a letter from the prince regent to the president.

   RC and enclosure (DNA: RG 59, DD, Portugal, vol. 5). RC 1 p.; in a clerk’s hand, signed by Smith; docketed by Wagner. Enclosure (1 p.) is a copy in Portuguese with an English translation of Smith’s address to the prince regent.


Title: To James Madison from Louis-André Pichon, 14 September 1801
From: Pichon, Louis-André
To: Madison, James

Monsieur
George Town 27 fructidor an 9 14. 7bre. 1801.
Je prends la liberté de vous communiquer une gazette de New York du 9. de 7bre. qui m’est parvenue le 12. Suivant. Cette gazette donne l’extrait d’un discours attribué à un Ministre du Connecticut et dans une note de ce discours qui m’est, comme vous le verrez, relative, il est dit que j’ai publié des propositions tendant à donner une nouvelle édition des œuvres de Godwin.
L’assertion ainsi que les réflexions qui la Suivent, ayant évidemment pour but de jetter de l’odieux sur moi, tant sous le rapport public que Sous le rapport personnel, j’ai cru que je ne pouvais me dispenser de la contredire comme absolument et entiérement dénuée de vérité. Non Seulement je n’ai point émis les propositions qui me sont attribuées, mais depuis ma résidence je n’ai pris aucune part à des propositions de ce genre S’il y en a eu de faites; ce que j’ignore parfaitement.
Le seul objet de cette communication, Monsieur, est de trouver un moyen de repousser une imputation faite à dessein de nuire & je n’ai pas cru convenablement pouvoir emprunter pour le faire une autre intermédiaire que le vôtre. Agréez, Monsieur, mes respects avec l’assurance de ma considération.
L A. Pichon

Condensed Translation
Encloses copy of 9 Sept. New York newspaper with an extract of an oration attributed to a Connecticut minister. A note to the oration states that Pichon has proposed a new edition of Godwin’s works. Claims assertion was intended to cast odium on him publicly and personally. Contradicts it and declares that since taking up his residence he has never engaged in activity of this kind. Wishes to find a means of refuting the imputation and believes JM is the best avenue.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1); Tr (AAE: Political Correspondence, U.S., 53:314). RC in a clerk’s hand, signed by Pichon. Enclosure is N.Y. Commercial Advertiser, 9 Sept. 1801 (see n. 1). A translation of Pichon’s letter, together with the text of the footnote to Dwight’s oration, was printed in the National Intelligencer, 5 Oct. 1801.

   The orator was Theodore Dwight, brother of the Connecticut minister Timothy Dwight. On 9 Sept. the N.Y. Commercial Advertiser concluded a six-part series, begun on 20 Aug., of Theodore Dwight’s 7 July address to the Connecticut Society of the Cincinnati. Using a passage from William Godwin’s Enquiry concerning Political Justice to demonstrate the evils of “that state of society, which Jacobinism is striving to produce,” Dwight had condemned the French Revolution and equated Jeffersonian republicanism with French radicalism. A footnote suggested that since his residence Pichon had issued proposals for republishing William Godwin’s work “for the benefit of our citizens at large. Is it not a little singular, that the first steps of a French diplomatique character in this country, should be to instruct our countrymen in politics and morals.… If it be true, as has been publicly said, that his work is used in the Virginia College, for the instruction of their youth, we can at least conjecture who is at the bottom of the plan for republishing it under the wing of Citizen Pichon.”


Title: To James Madison from Charles Pinckney, 14 September 1801
From: Pinckney, Charles
To: Madison, James

Dear Sir
September 14. 1801 In Amsterdam
In addition to my dispatch of Tuesday on the subject of the intelligence from Egypt & differences respecting the Elector of Cologne I am now to inform You that Menou has rejected all offers to capitulate & seems determined either to resist until he is relieved, if that should be practicable, or bury himself & his Garrison under the ruins of Alexandria & that notwithstanding all the remonst[r]ances to the Contrary, a new Elector of Cologne has been inaugurated—an event very likely to disturb again the peace of the continent. The Emperor Alexander however seems anxious to prevent this & to play the part of a general pacificator. From all the intelligence I have recieved & from the little I have already seen in Europe my opinions are confirmed, that no permanent peace can take place until the grand Question of Monarchy or Republicanism is determined. If Europe was as pure as America the business would soon be decided, but in the present state of its Venality & corruption, it is more than probable the contest will be a long one. Still however I have little doubt of its success & the striking Example of our happy country does I can assure You contribute more strongly to keep alive the hopes & Exertions of the friends of Liberty than any thing else. Notwithstanding all their Errors & mistakes, their best informed men are confident that something like our constitution will one day issue from their Exertions & this animates & renders them easy under all their Burthens.
I mentioned to You in my last it was probable there would soon be a new Constitution proposed for the Batavian republic. I have not been able to obtain a french translation of it, as it was only published Yesterday but I inclose a Dutch paper with it & will send You the Leyden Gazette of tomorrow. I expect to be in Leyden to dinner in my way to the Hague & Paris. I am pleased to find our Flag more respected than any other of the neutral powers & our Commerce very much the object of attention. From every appearance Grain will be high in Europe this Year. The vast number of poor in England & their almost incredible increase & the astonishing spirit of Monopoly which prevails will contribute very much to keep it up. I write by this opportunity to our truly valuable & excellent friend the President—to whom please present my affectionate respects & Believe me my dear sir with the Sincerest friendship & Esteem Yours Truly
Charles Pinckney

   RC (DNA: RG 59, DD, Spain, vol. 6). Docketed by Wagner.

   See Jackson to JM, 3 Aug. 1801, and n. 2.

   Following the Treaty of Lunéville, which restored that of Campoformio, vacant ecclesiastical principalities were to be secularized to indemnify the hereditary princes displaced by the cession of the left bank of the Rhine to France. After the death of Maximilian, elector of Cologne and bishop of Münster, on 27 July 1801, the king of Prussia warned the Austrian emperor that if he allowed the German diet to elect a successor, the Prussian army would occupy Cologne. Though the diet elected the emperor’s hurriedly ordained brother, Archduke Anton Viktor, on 7 Oct., the war crisis was defused when he declined to accept (Kenneth Scott Latourette, Christianity in a Revolutionary Age: A History of Christianity in the Nineteenth and Twentieth Centuries [5 vols.; New York, 1958–62], 1:152; Gentleman’s Magazine and Historical Chronicle, 71, pt. 2 [1801]: 849, 946, 1137).

   Napoleon’s desire to see a less libertarian, more orderly form of government in the Batavian Republic had led to French pressure for a replacement of the constitution of 1798 in spite of the fact that the document itself forbade any such reform before 1804. A new, more conservative constitution, based on Napoleon’s suggestions, was proposed by the Batavian directors in June 1801 and defeated in the assembly by a vote of 50 to 12. On 14 Sept. the Directory revealed a second constitution to the public without submitting it to legislative approval. On 18 Sept. the First Chamber met and declared this act illegal. Three of the directors, with French military support, dissolved the legislature and on 1 Oct. presented the constitution to the voters, who decisively defeated it in a plebiscite in which only one-sixth of those eligible cast votes. The directors then declared all eligible nonvoters to have been in favor, and the constitution passed (Simon Schama, Patriots and Liberators: Revolution in the Netherlands, 1780–1813 [London, 1977], pp. 412–13, 416–18; I. Leonard Leeb, The Ideological Origins of the Batavian Revolution: History and Politics in the Dutch Republic, 1747–1800 [The Hague, 1973], p. 269).

   Pinckney’s 14 Sept. letter to Jefferson was a brief discussion of affairs in Europe (DLC: Jefferson Papers; docketed by Jefferson as received 23 Dec.).


Title: To James Madison from Jacob Wagner, 14 September 1801
From: Wagner, Jacob
To: Madison, James

Dear sir
Department of State: Washington, 14 Septr. 1801.
On the morning of saturday last Mr. Brent set out for Dumfries, with a collection of papers addressed to you, respecting the mission of Chancellor Livingston. At Dumfries he was to meet Mr. Graham, who was to proceed to your seat and arrive this evening.
Enclosed are the weekly dispatches, a private letter for yourself and another for Miss Payne. In the course of the week I received two or three fresh complaints of Spanish captures.
Mr. Livingston’s mission will require additional funds to be remitted to Amsterdam; but as the amount will depend upon the choice he makes of receiving his outfit here or in Europe, the matter may lie over till your return. With the highest respect & esteem, I have the honor to remain, Dr. sir, Your most obed. servt.
Jacob Wagner

   RC (DLC). Enclosures not found.

   The complaints may have included Daniel Murgatroyd to JM, 10 Sept. 1801.


Title: To James Madison from Peder Blicherolsen, 14 September 1801 (Abstract)
From: Blicherolsen, Peder
To: Madison, James

14 September 1801, Philadelphia. Acknowledges receipt of JM’s letters of 15 Aug. and 1 Sept., for which he extends his thanks. Expresses gratitude for the limited permission to perform his official duties that the president has granted him, but since the president is returning to Washington so soon, Blicherolsen may not need to use this authorization. Should he do so, it will be with the utmost delicacy. The confidence the president has shown in him bodes well for his mission.

   RC (DNA: RG 59, NFL, Denmark, vol. 1); Tr (RA: Foreign Office, U.S., 1801). RC 3 pp.; in French; docketed by Wagner as received 19 Sept.


Title: To James Madison from Thomas Bulkeley, 15 September 1801 (Abstract)
From: Bulkeley, Thomas
To: Madison, James

15 September 1801, Lisbon. Reports that an express from Paris has presented Portuguese government with an ultimatum: accept peace on harsh terms or face invasion. Believes Portugal may be able to avoid the latter. In spite of the treaty’s having been published, British ships, both merchant and naval, continue to arrive and depart. The Spanish army has received orders to withdraw but may not comply as it has spent much time strengthening fortifications at its present locations. Notes that Smith sailed for Falmouth the day before after having introduced Bulkeley to the minister of foreign affairs, Almeida, who received him warmly and gave assurances that his representations would be attended to. Encloses copies of peace treaty in Portuguese [not found] and a letter from Gavino. Since arrival of Dale’s squadron, has been advising commanders of American merchant vessels that it is now safe to sail from Lisbon as far as Málaga but to avoid Gibraltar, since Spanish cruisers will seize any ship they meet in the Straits. Consul Simpson at Tangier has sent him an order for one hundred gun carriages for the Moroccan emperor, which Bulkeley declined for lack of instructions. Asks if he should comply.

   RC and enclosure (DNA: RG 59, CD, Lisbon, vol. 1). RC 2 pp.; docketed by Wagner as received 30 Nov. The enclosure (1 p.) is a copy of John Gavino to Bulkeley, 21 Aug. 1801, reporting that the British had evacuated most of the Tripolitan seamen in the harbor.

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


Title: To James Madison from Tobias Lear, 15 September 1801 (Abstract)
From: Lear, Tobias
To: Madison, James

15 September 1801, Cap Français. No. 11. Has nothing further to report since his last letter. Dandridge has arrived from Aux Cayes with news that all is tranquil there and a good harvest is expected. Recommends Dandridge to succeed Ritchie at Port Républicain or to succeed Lear at the cape if government moves to Port Républicain.

   RC, FC (DNA: RG 59, CD, Cap Haitien, vol. 3). RC 1 p. Duplicate copy (ibid.) docketed by Wagner as received 24 Oct.

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


Title: To James Madison from David Lenox, 15 September 1801 (Abstract)
From: Lenox, David
To: Madison, James

15 September 1801, London. Acknowledges receipt of JM’s July letter. Encloses in response a recapitulation of all abstracts he has transmitted to State Department. Asserts the impossibility of discriminating between natural-born and naturalized American citizens. No one will admit to foreign birth as that would require proof of residence in America prior to 1783, which is not always possible to obtain. Willingly obeys instructions but points out that had department clerks remembered his regularly transmitted reports, it would not have been necessary for JM to wait for his reply.

   RC and enclosures (DNA: RG 59, CD, London, vol. 8). RC 2 pp.; docketed by Wagner. Enclosures 2 pp.; docketed by Wagner.

   Circular Letter to the Agents of the United States for the Relief and Protection of American Seamen, 22 July 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:453).

   In the enclosed table Lenox recapitulated the abstracts on impressments he submitted to the State Department after 1797, with detailed quarterly figures from 1799. Two thousand fifty-nine applications for release had been made during that time; 464 men had been discharged; 518 ordered released. Six hundred twenty-four men were still held for want of documentation of citizenship, proof having been received in 67 cases only, and Lenox noted that this suggested that the majority were British subjects. Lenox also enclosed an example of the format used in his file book of applications, which he promised to place in the State Department on his return.

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


Title: To James Madison from William Savage, 15 September 1801 (Abstract)
From: Savage, William
To: Madison, James

15 September 1801, Kingston, Jamaica. Acknowledges receipt of JM’s letters of 25 June and 6 July. Has transmitted their enclosures to Lord Hugh Seymour, except those relating to Thomas Saunders, delivery of which was prevented by Seymour’s death. Further action awaits arrival of Seymour’s successor, Admiral Montagu, who is now at sea and not expected for several weeks. Hopes Montagu’s principles will be as benevolent as those of Seymour.

   RC (DNA: RG 59, CD, Kingston, Jamaica, vol. 1). 1 p.; marked triplicate; followed on same sheet by triplicate of Savage’s 1 Oct. letter and the beginning of his 9 Oct. letter.

   See PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:164–65 n. 2. JM’s 25 June letter to Savage covered documents on the case of impressed seaman Lawrence Van Vleck; that of 6 July covered documents on the cases of Joseph Bartlett and William Corvell. Documents relating to Thomas Saunders (or Sanders) were forwarded in JM’s letter of 20 June.

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


Title: From James Madison to Thomas Jefferson, 16 September 1801
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Sepr. 16. 1801
The Messenger delivered me about 9 OC. on saturday evening the packet with your letters of Sepr. 11 & 12. I join in your opinion that the suspicions of Murray in the letters inclosed in the former are too harsh to be probable. Still his situation may produce feelings & views not coincident with ours, and strengthens the policy of getting the Chancellor on the ground as soon as possible. I hear nothing of the Boston frigate. Perhaps the mail of [to]day may bring some account of her movements. I shall take care that no delay shall be chargeable on me; though I have been very little in a condition since I got home for close application of any sort. I have not been under the necessity of lying up, or renouncing current attentions, but have felt too much of the “Malaise” for any thing beyond them. I return the letters from S. Smith & B. and forward a letter from Dr. Thornton. I have one from him myself, which I shall answer by saying that on the receipt of M’s resignation you had fixt on a successor, and closed the door to further applications. I find that the idea of H’s appointment had leaked out, and that his pretensions were not regarded by the Docr. as a bar to his own. I inclose also a letter from F. Preston which speaks itself, the object of the Writer. I believe him to be a man of worth, of good understanding, and in a position to have some knowledge of Indian affairs. With these qualifications he might be a fit Associate of Hawkins & Wilkinson, should Pickens decline & his being a Virginian be no objection. I have with me Mr. Davis of N. Y. whom I presume to be the candidate for an office in that City. As he has but just arrived I have not had conversation eno’ with him to find out whether he means to visit Monticello. I conjecture that to be his primary object. He brings me an introduction from Ed. Livingston & from him only. Yours always most affectionately & respectfully
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 17 Sept.

   See William Thornton to JM, 8 Sept. 1801, and n. 1.

   Francis Preston to JM, 2 Sept. 1801.


Title: To James Madison from Robert R. Livingston, 16 September 1801
From: Livingston, Robert R.
To: Madison, James

Dear Sir
ClerMont 16th. Sepr 1801.
I write to you in haste from the post Office where I have this moment recd your favor of the 4th.
I have been much embarrassed since the ar[r]ival of the Maryland, as to the steps I was to persue, I knew that the treaty was not ratified, & as my departure seemed to depend on that event, I was at a loss to determine whether the president might not find it necessary to call the Senate before I sailed. Your letter hel⟨d⟩ up a contrary sentiment, & I shall prepare myself to depart as soon after the arrival of my commission & instructions as the necessary provision for the voyage can be made, for it seems this troublesome task is to devolve upon me, contrary I believe to the established custom of our own, & other nations. I do not however mention this in the way of dissatisfaction, but mer[e]ly as an appology for any delay it may occasion, which shall be as little as possible, since I am very desirous (if I go this automn) to embark as early in the season as circumstances will admit.

France is greatly interested in our guarantee of their Islands, particularly since the changes that have taken place in the West Indias, & those which they may have still reason to apprehend there. I do not therefore wonder at the delay of the ratification, nor shall I ⟨be sur⟩prized if she consents to purchase it by the restoration of our captured vessels. This ground is very delicate, & I hope to be favoured with your sentiments very much at large upon it, & the most explicit instructions, in case the negotiation should not be finished by Mr. Murray.
Our accs. from Tripoli are such I think as to occasion no alarm. Our fleet has happily arrived in time to prevent any captures, & the contemptible force of the Tripolitans is separated & blocked in different ports. If the Commodore does not suffer himself to be decieved by their professions of peace, he can not fail to destroy it before it can return home. The alteration of the destination of the Boston, from Havre to Bourdeux, will be extreamly inconvenient from the present difficulty of travelling in France, particularly in that part of it, both from the badness of the roads, and the banditti with which they are infested. Having calculated upon water carriage from Havre to Paris I have taken more books & baggage than shd otherwise have done. But if the president thinks the change of any importance I must make the necessary alterations in my arrangments. I have yet heard nothing from the secretary of the Navy on the subject of the Boston, when I do, I shall endeavour to conform to his wishes. I do not know whether my pecuniary arrangments are to be made with the Secretary of the treasury, directly or thro’ you. You will be pleased to give me the necessary information on this subject, or take such order therein as will prevent any delay after I shall have received your final instructions.
In consequence of the presidents having informed me that the consulates of Nantz & L’Orient were vacant, I took the liberty to recommend Mr Wm. paterson for one of them. I supposed his appointment might have a beneficial effect here, and that the place was in itself of very little importance. I have not had the pleasure of hearing the presidents determination on the subject, which Mr Patersons friends here are anxious to know. Having too hastily concluded, that I should have some influence in an appointment which they supposd to lay within my department, they attribute their disappointment to my neglect. I have the honor to be With sentiments of the highest essteem & respect Dear Sir Your Most Obt hum: Servt
Robt R Livingston

   RC (DNA: RG 59, DD, France, vol. 8). Docketed by Wagner, with his notation: “Mem. Mr. Patterson recommended for Consul at L’Orient.”

   Here Livingston originally wrote “St. Domingo.”

   See Livingston to JM, 1 July 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:368, 369 n. 2).


Title: To James Madison from William C. C. Claiborne, 16 September 1801 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

16 September 1801, Knoxville. Reports that arrangements for his descent of the Mississippi are nearly completed; expects to leave the first week of October. Has received information from the Mississippi Territory that “the public Mind is tranquil,” party spirit has considerably subsided, population is increasing, and relations with the Spanish and the Indians are harmonious. Requests regular instructions on the policy the president wishes him to follow on the southwestern frontier.

   Letterbook copy (Ms-Ar: Claiborne Executive Journal). 2 pp. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:7–8.


Title: From James Madison to Thomas Jefferson, 17 September 1801
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Sepr. 17. 1801
I make use of the oppy. by Mr. Davis to forward you the contents of the weekly packet recd yesterday from the Office of State. Having had time scarcely to read some of the communications, I am unable, if there were occasion, to submit comments on them. Mr. Wagner writes that Mr. Graham left Washington on saturday last with the papers relating to the Mission of Mr. Livingston, and was to be with me on monday evening past. As he is not yet arrived, I think it not unprobable that he may have gone by to Monticello with an intention to take me in his way back. I inclose a letter from Genl. Gates, concurring in the recommendations of Mr. Davis.
Mr. Graham has this moment arrived, and has brought me sundry documents some of which I am obliged to sign without reading, as they will be subject to your revision, and I shd. otherwise lose the oppy. by Mr. Davis. Mr. Graham declines proceeding further than Orange. The inclosed very confidential letter from DW. Clinton was brought by Mr. G. very apropos to be forwarded to you. Adieu Yrs. most affy. & repy.
James Madison
I send a newspaper copy of the French Convention.

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 17 Sept.

   Letter not found.

   Clinton to JM, 3 Sept. 1801.


Title: Draft of Instructions to Robert R. Livingston, [ca. 17 September] 1801
From: Madison, James
To: Livingston, Robert R.

Sir
[ca. 17 September 1801]
You will herewith receive your commission as Minister Plenipotentiary from the U. States to the French Republic.
You will also be furnished with copies of the instructions given to Mr. Dawson who carried to France the modified ratification of the Convention of the 30th of Sepr. last, and of those to Messrs. Elsworth and Murray charged with negociating a ratification in the same form by the French Government. In these documents you will see the general policy entertained by the President on the subject of Treaties, his wishes & expectations with respect to the particular convention now confided to your attention, some of the steps at that time taken, to which you will be able to add those since taken, for giving it an anticipated effect on our part, and the assurances which the President desired might be conveyed of the friendship of the United States towards the French Republic, and of their disposition as well as his own, to cultivate harmony and good correspondence between the two nations. These assurances he wishes to be repeated by you in terms the best calculated to give them their proper effect in reestablishing on the part of France a confidence in this disposition, and in cherishing in her a thorough reciprocity of it towards the United States.
At the departure of Mr. Dawson it was hoped that no difficulty would arise in obtaining the final sanction to the instrument of which he was the Bearer; of the two alterations made in it here, one being a mere limitation of it to a reasonable term, the other a suppression of an article understood to have been rather acquiesced in than desired by the French Government. It appears notwithstanding, by the letters lately received from Mr. Murray & Mr. Dawson, that the suppression of this article, second in the Convention, is the single circumstance that embarrasses the ratification, and that altho’ a favorable turn to the discussions was hoped for, the issue remained uncertain.
This posture of the business, joined to the advance of the season, and the further destination of the public Ship which is to land you in France, are the motives which hasten your departure. The President is not without hopes that on your arrival at Paris you may find that the objection made by the French Government has been re-considered and withdrawn. Should this not be the case, it will be your first object by conciliatory & explanatory representations to remove the objection, and obtain a ratification in the form proposed from the United States.
Should your efforts for this purpose, be unsuccessful, your next will be directed to the re-instatement of the article struck out; keeping in mind, in this and every other case, the necessary reservation in favor of the Constitutional authority of the Senate. As this will restore the Convention to the precise form in which it was originally agreed to, with the sole exception of the limited duration, to which no objection is made, the expedient would be deemed infallible, if it had not appeared from the letters above referred to, that it had been proposed, without being accepted.
Should the restoration of the second article continue to be unsatisfactory, and a positive renunciation on our side of the claim of indemnities for spoliations, in consideration of a like abandonment on the other, of a claim to the Treaty of 1778. be insisted on, it cannot be doubted that an article to this effect, ought to be admitted, rather than that the negociation should have an issue inauspicious to the amity & intercourse of the two nations.
These hypothetical instructions have been called for by the tenor of the official advices received from Paris. When it is considered however that whether the second article be in or out of the Treaty, it must be always in the power of France to defeat any ulterior arrangement on the subjects of it; and more particularly when it is considered, that there can be no essential difference between the silence of the Treaty on those subjects, and an express relinquishment of them, every thing not provided for in such a transaction, being virtually abandoned by it, it cannot fail to occur, that the objection avowed, may be the ostensible, not the real ground of the difficulty.
On this supposition, it will be more practicable to fathom at Paris the real obstacles to a ratification, than to deduce them from the circumstances known at this distance.
Perhaps the present state of things in Europe, particularly the failure of the Northern Coalition, may have led the French Government to view in a different light, the articles which agree that free ships shall make free goods, that contraband of war shall be limited as therein defined, and that Convoys shall be exempt from search by national ships. Whilst the enemies of France do not observe the same rules, and there appears no prospect of uniting neutral nations in the project of maintaining them, these articles may be regarded as a sacrifice for which the same motives may not at present be felt, as before existed. Should such be found to be [the] case, the President is willing, if absolutely indispensable, that the Convention be so qualified as to suspend the operation of these articles whenever either of the parties shall be at war with a nation, with respect to which the other party is at peace, and acknowledges other

   Draft (DLC: Rives Collection, Madison Papers). Incomplete and not sent. Dated ca. October 1801 in Index to the James Madison Papers. For conjectural date supplied here, see n. 1.

   In his 11 Sept. letter to Jefferson, JM mentioned that he intended to take up the subject of Livingston’s instructions in order that “no delay may happen,” but a “Malaise” that left him “very little in a condition … for close application of any sort” probably prevented him from doing so before 17 Sept. (JM to Jefferson, 16 Sept. 1801). As late as 23 Sept. the instructions were still not finished, though on that day JM promised Jefferson they would be ready by the time the latter paid a visit to Montpelier over the weekend of 26–27 Sept. During that weekend, however, JM received Wagner’s express letter of 25 Sept., the contents of which evidently led him to abandon the text of his draft and replace it with the instructions dated 28 Sept.

   Page ends here.


Title: To James Madison from Willink, Van Staphorst, and Hubbard, 17 September 1801 (Abstract)
From: Willink, Van Staphorst, and Hubbard
To: Madison, James

17 September 1801, Amsterdam. Since their last letter of 7 July the firm has received through Charles Pinckney JM’s letter of 19 June [not found] authorizing Pinckney to draw on them for his salary and contingent expenses. They repeat their earlier request that a remittance be made “to reimburse Our actual large advance, and to meet all the future and probable Exigencies of the Ministers and other Officers of the United States whose Salaries We are directed to pay or who may in the Course of Events be necessitated to apply to us for them.”

   RC (DNA: RG 59, Letters Received from Bankers). 2 pp. Duplicate copy (ibid.) docketed by Wagner as received 20 Dec.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:387.


Title: To James Madison from Thomas Jefferson, 18 September 1801
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Sep. 18. 1801.
Your favor of the 16th by post & 17th by mr. Davis have been duly rec⟨eived.⟩ He has not yet opened himself to me; but I shall assure him that nothing can ⟨be⟩ said here on the subject, nor determined on but when we shall be together at Washington. I have a letter from mr. Gallatin whose only doubt is whether Rogers should be removed. If he is, he seems clear Davis had better have the appointment. I think it will be better to postpone an answer to Govr. Clin⟨ton⟩ on Brant’s proposition till we can be together at Washington. In fact ⟨it⟩ belongs to the War department. Genl. Pickens is arrived at S. W. point which answers mr. Preston’s application. I wrote to the Secretary of War Sep. 5. to have the Boston expedited. I have a letter from him dated Baltim⟨ore⟩ Sep. 11. He had not then received mine. He had just lost his eldest son. It is pretty evident we shall be at Washington in time to dispatch papers for the Chancellor. For that reason I retain the several commissions signed by you and forwarded yesterday, not being satisfied which we had better use. I am satisfied we ought not to keep Murray there on so slender a business. I count fully myself the 1st Consul will ratify on condn. of an abandonment of spoliations on our part. If he does not, would it not be better to give the Chancellor a power to execute the article for the restitution of prizes, and ⟨leave⟩ to the Senate whether any new modifications shall be agreed to? You know ⟨my⟩ opinion ⟨as to⟩ the importance of the ratificn. But all this shall be the subject ⟨of consul⟩tation when we meet. I return all your papers ⟨except those apply⟩ing for offices, which I imagine had better be in my bundle. I shall see you ⟨on⟩ Saturday or Sunday if you be not gone. My respects to the ladies & affectionate attachm⟨ent to⟩ yourself.
Th: Jefferson

   FC (DLC: Jefferson Papers); Tr (MHi). Words and parts of words in angle brackets are illegible in FC and have been supplied from Tr.

   Gallatin had told Jefferson that to remove Richard Rogers as naval officer at the port of New York because he had “no personal popularity cannot lose us one friend nor make us one enemy.” However, he further stated that he was averse to “yielding to that general spirit of persecution which, in that State particularly, disgraces our cause and sinks us on a level with our predecessors.” Rogers remained in office until 1803, when Jefferson replaced him with Samuel Osgood (Gallatin to Jefferson, 12 Sept. 1801, reproduced in Papers of Gallatin, [microfilm ed.], reel 5; Malone, Jefferson and His TimeDumas Malone, Jefferson and His Time (6 vols.; Boston, 1948–81)., 4:89 n. 59).

   Iroquois leader Joseph Brant had written to Governor Clinton in the summer of 1801 to find out if an Iroquois settlement on American soil would be acceptable to the U.S. government (Isabel Thompson Kelsay, Joseph Brant, 1743–1807: Man of Two Worlds [Syracuse, N.Y., 1984], p. 622).

   This was probably a slip of Jefferson’s pen. The exchange of letters was with Secretary of the Navy Robert Smith (see Jefferson to Smith, 5 Sept. 1801, Smith to Jefferson, 11 Sept. 1801 [DLC: Jefferson Papers]).


Title: To James Madison from Robert Ritchie, 18 September 1801 (Abstract)
From: Ritchie, Robert
To: Madison, James

18 September 1801, “On board the Brig General Warren, Pennsyla. Quarentine Ground.” Announces his arrival from Port Républicain to attend to personal business. The suddenness of his decision to depart precluded his giving JM earlier notice. Has arranged for his assistant, John Linn, to perform consular duties during his absence. Requests president’s approval for a few months’ leave to conduct business.

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3). 2 pp. Below his signature, Ritchie noted his address as “At Wm. Jones Esqre. / Philadelphia.”

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


Title: To James Madison from Edward Stevens, 18 September 1801 (Abstract)
From: Stevens, Edward
To: Madison, James

18 September 1801, Philadelphia. Encloses a packet entrusted to him by Colonel Lear. Will visit Washington as soon as the president returns to communicate to him “all the information I possess respecting the Colony of St: Domingo.”

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3). 2 pp. For enclosed packet, see Tobias Lear to JM, 17 and 19 Aug. 1801.

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


Title: To James Madison from Joseph Hamilton Daveiss, 19 September 1801 (Abstract)
From: Daveiss, Joseph Hamilton
To: Madison, James

19 September 1801, Frankfort. Hopes the enclosed statement of Kentucky federal court cases will be received in due time. Delay was caused by his long absence from Kentucky.

   RC and enclosure (DNA: RG 59, ML). RC 1 p. Enclosure (31 pp.) is a list in two parts of suits pending in the U.S. circuit court for Kentucky and of suits ended by a decision or judgment; certified as a true statement by Thomas Tunstall, clerk of the circuit court, 19 Sept. 1801. An abstract of the list is printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Misc., 1:323. See also JM to Jefferson, 25 Feb. 1802.


Title: To James Madison from Stephen Cathalan, Jr., 20 September 1801 (Abstract)
From: Cathalan, Stephen
To: Madison, James

20 September 1801, Marseilles. Transmits via Bordeaux a packet of dispatches from Cathcart, now at Leghorn, who reports the action of U.S. schooner Enterprize in taking a Tripolitan polacre. Believes this has caused the pasha to doubt wisdom of declaring war on U.S. and hopes squadron under Commodore Dale’s command will soon give him “other Instances of Mortification to the great honour of the United States.” Reports Swedish frigate left Toulon for Leghorn on 19 Sept. after repairs and is expected back in eight days to convoy three American vessels to the Straits. Has heard nothing of William Bainbridge since the Essex left Barcelona on 9 Aug. Has arranged for U.S. ships to be supplied at Marseilles or at Toulon. Adds in a postscript that he is corresponding with Cathcart and Appleton at Leghorn as well as the U.S. consuls in Genoa, Barcelona, Alicante, and Málaga about matters interesting to the U.S. in order to advise captains of U.S. warships and merchant vessels and to convey information to consuls at Gibraltar, Tangier, and Barbary, since he will have no direct way to correspond with the latter as long as war with England continues.

   RC (DNA: RG 59, CD, Marseilles, vol. 1). 3 pp.; docketed by Wagner as received 30 Nov. The dispatches transmitted probably included Cathcart to JM, 7 Sept. 1801.

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


Title: To James Madison from William Madison, 22 September 1801
From: Madison, William
To: Madison, James

D Brother
22d Sept 1801
As no division of the Estate, both real & personal, can take place without the friendly Bill in Chancery of which Mr Randolph & Wickam have been notified I deem any consultation on the subject unavailing ’till a decree is had, which may ascertain the Rights of all the claimants. As Executor I cannot concur in any distribution of the personal Estate without the authority of the Chancellor—and in regard to the Real I have at length made up my mind that, in respect to myself, the Will & the Law shall dispose of it. I am ready & willg to commence the work on the Dam any day, the sooner the better. Altho: riding will retard the cure of my Leg which the Interest of the Estate as well as my own so loudly call for yet as you are abt to leave us so soon I will endeavour to see you tomorrow. Be not disappointed if I should not come. I am Yrs Affly.
Wm. Madison

   RC (NjP). Docketed by JM.

   Difficulties had arisen in executing the 1787 will of James Madison, Sr., whose last testament, as JM had noted, did “not cover all the property” he had owned and was, moreover, “ambiguous in some important points.” Property not covered included a merchant mill in Madison County, Virginia, which James Madison, Sr., had built in partnership with three of his sons in 1795–96; some land in Orange County, Virginia, amounting to about 560 acres; and also claims to land in Kentucky. The disposal of these assets was complicated by the facts that not all of the property James Madison, Sr., had bestowed on his sons before his death had been legally conveyed by deed; that two of his sons—Ambrose and Francis—had predeceased him; that both these sons had died intestate; and that Francis had left six young children in the care of his widow, Susana Bell Madison. Furthermore, JM’s youngest sister, Frances Taylor Madison Rose, had not yet received an equivalent share of the slaves and personal property that had been advanced to her sisters, Nelly Madison Hite and Sarah Madison Macon, during their father’s lifetime.

   As the surviving sons of James Madison, Sr., JM and William Madison were the executors of their father’s estate, but after July 1801 JM withdrew from the task and left it to his brother. In dealing with the problems arising from the will of James Madison, Sr., it seems that the family members tried to agree among themselves whenever possible and to have recourse to legal procedures only when it was necessary to do so. In the case of the Madison County mill, the issue was to find ways of conveying to the three daughters of James Madison, Sr., the value of one-half of their father’s one-quarter share in the property while also protecting the claims of the children of Francis Madison. Here the only practical solution, the family agreed, was to sell the property and divide the proceeds amongst all the heirs. With respect to other undevised personal property and real estate, the daughters also had to claim their respective shares, and they requested that William Madison execute the will accordingly. He refused to do so on the grounds that he could not fairly divide this property and protect the interests of his deceased brother’s children without the assistance of legal proceedings to ensure that the will was executed according to law.

   The family therefore decided to initiate a friendly suit in chancery to obtain a division of the undevised personal property and real estate and also to petition the Virginia General Assembly for permission to sell the Madison County mill. This last course was probably dictated by a variety of considerations. The agreement made by James Madison, Sr., and his three sons restrained them from alienating their shares outside the partnership, and the family evidently received legal advice that in cases where the value of each claimant’s share might exceed one hundred dollars, the courts could not authorize a sale under the existing laws. The General Assembly, however, rejected the family petition in December 1801. Its reasons for doing so are unclear, but the family was later informed that the sale they had requested would not be binding on the children involved without the sanction of a court of chancery. Consequently, the mill was later subjected to equity proceedings in chancery in order to ascertain its value prior to its sale in 1808. The friendly suit to divide the slaves and other personal property that had belonged to James Madison, Sr., was settled in Richmond in March 1803 when the court, after deciding that the bequests to his predeceased sons had lapsed, ruled that the property be divided among Nelly Conway Madison and her five surviving children (JM to Jefferson, 7 Mar. 1801, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:6; “To the honorable George Wythe Judge of the Richmond District Chancery court,” n.d. [InHi: English Collection, Hite-Bowman Papers]; Petition to the General Assembly of Virginia, ca. 3 Oct. 1801; bills of complaint and answers, 1805–12, in Hite v. Madison Papers [Madison County, Virginia, Circuit Court Records]; decree in the High Court of Chancery for the Richmond District in Madison v. Madison, 3 Mar. 1803 [DLC]).


Title: To James Madison from Theodorus Bailey, 22 September 1801 (Abstract)
From: Bailey, Theodorus
To: Madison, James

22 September 1801, Poughkeepsie. Has discovered that Levi McKeen, without Bailey’s consent or knowledge, recommended him to Gallatin for position of commissioner of loans in New York. Declines being in competition for the office as salary would not support his family “in a city, where the means of living are so expensive.” Was assured before Congress adjourned by “conspicuous republican friends, who I had good ground to believe stood high in Mr. Jefferson’s confidence” that he could expect to be appointed naval officer for the port of New York during the summer. Has since learned that Matthew L. Davis is a candidate for that position, “under the patronage of some of our political friends in New York, who I presumed had acceded to the previous arrangement in my behalf.” Believes that McKeen “is an honest republican, but his acquaintance with some of our public Men, and their views, is rather limited.” Suggests that “the measure he has very in[n]ocently taken, in the letter alluded to, has been dictated with a design to remove me from the competition with Mr. Davis.” This is an “additional motive” for his lack of interest in the loan office. Regrets having spoken so much of himself but wished to give a correct view of the matter.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Bailey”). 3 pp.; addressed to JM and Gallatin; docketed by Jefferson, “Bailey Theod. to mr. Madison to be naval officer.”

   Bailey was returned to Congress in October and served in the legislature until he was appointed postmaster of New York City in 1804. Levi McKeen was appointed postmaster at Poughkeepsie in 1802 (Kline, Papers of BurrMary-Jo Kline, ed., Political Correspondence and Public Papers of Aaron Burr (2 vols.; Princeton, N.J., 1983)., 1:543 n. 6).


Title: To James Madison from Sylvanus Bourne, 22 September 1801 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

22 September 1801, Amsterdam. Encloses that day’s Leiden Gazette with accounts of the revolution in government at The Hague. Reports that the Austrian emperor continues to sanction election of bishops of Cologne and Münster despite French and Prussian opposition. A few days earlier he forwarded a packet of letters from Pinckney, who left Amsterdam on 19 Sept. en route to Madrid. Would appreciate political news from America. In a postscript requests two or three good prints of Jefferson.

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 2 pp.

   See Pinckney to JM, 22 Sept. 1801, n. 1.

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


Title: To James Madison from Tobias Lear, 22 September 1801 (Abstract)
From: Lear, Tobias
To: Madison, James

22 September 1801, Cap Français. No. 12. Encloses a copy of the organic laws of Saint-Domingue framed by the central assembly.

   RC, FC (DNA: RG 59, CD, Cap Haitien, vol. 3). RC 1 p.; marked duplicate; docketed by Wagner as received 24 Oct. FC docketed by Lear, with his notation: “Duplicate by Brig Brandy wine, Terence Downey—via Philada Sepr. 24h. 1801.” The enclosure may have been a copy of Lois de la colonie française de Saint-Domingue (Cap Français, 1801).

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


Title: To James Madison from Sylvanus Bourne, 23 September 1801 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

23 September 1801, Amsterdam. Forwards an enclosure [not found] that he has received since his letter of the previous day. Reports that the legislature rejected the new constitution proposed by three members of the Batavian Directory after receiving a protest against it from the other two directors. The directors who had proposed the plan then employed a “Military Escort” to seal off the legislature; they have adjourned its proceedings until 11 Oct. and propose to submit the new constitution to the people in the interim. Regrets that the Directory has thus violated one of the “first maxims” of republican institutions—“that the voice of the Majority is to be Obeyed”—and believes it would have been better if the directors had allowed greater experience with defects of the present constitution to persuade the legislature that change was needed. Does not express such views in public in order “to keep aloof from every shadow of party Character.” Hopes Americans will always appreciate their blessings and cherish their liberty.

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 3 pp.

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


Title: To James Madison from Albert Gallatin, 23 September 1801 (Abstract)
From: Gallatin, Albert
To: Madison, James

23 September 1801, Treasury Department. Encloses copy of letter from collector at Boston and copy of statement from a Mr. Doane.

   RC and enclosures (DLC: Gallatin Papers). RC 1 p.; in a clerk’s hand, signed by Gallatin. Docketed by Wagner as received the same day, with his notation: “British Snow Windsor / See Circular to the Governors of 16 April 1795.” Enclosures (4 pp.) are copies of Benjamin Lincoln to Gallatin, 15 Sept. 1801, and the 15 Sept. statement of Boston merchant Isaiah Doane. RC and first enclosure reproduced in Papers of Gallatin (microfilm ed.), reel 5.

   Lincoln’s letter, explaining why he could not immediately comply with the president’s wishes regarding the snow Windsor, reported that many of the crew were pressed into service on the Berceau (see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:50 n. 3), the small armaments were taken out, and the vessel, with sails and rigging removed, was tied up at a wharf. He also stated that the captain had left for England, intending to receive insurance money from the Admiralty with which to repurchase the vessel. The transcript of Doane’s statement described the capture of the Windsor, its entry into Boston harbor, and its current state of repair and estimated that it would not be seaworthy in less than five or six weeks.