Title: To James Madison from Anthony Merry, 27 December 1803
From: Merry, Anthony
To: Madison, James

Sir,
Washington December 27th 1803
I have received the Honour of your Letter of the 24th of this Month, respecting an Endorsement put on an American Ship’s Register by the Captain of His Majesty’s Ship Bellerophon, and touching the Blockade, declared by that Endorsement to have taken Place, of the Island of St. Domingo by His Majesty’s Squadron on that Station.
I shall not fail, Sir, to give an Account to my Government by the earliest Opportunity of what you have thought proper to represent to me on the above mentioned Subjects, as well as to renew to the Commander in Chief of His Majesty’s Fleet in the West Indies the Observations which Mr Thornton has already transmitted to that Officer in Consequence of your Letter to him of the 27th of October last, to which you are pleased to refer.
In the mean Time, permit me, Sir, to remark that the Circumstances, of which you at present complain, being only, as far as hitherto appears, the Act of an individual Subordinate Officer cannot in Justice be regarded as the Act of His Majesty’s Government, whilst there may perhaps be a Reason to be found for the particular Manner in which he executed his Resolution—first, in the Usage, which, as I have Reason to think it will appear, has obtained in the Mode of notifying to particular Vessels a Prohibition to them to enter a Place which is considered as blockaded, and secondly, in the Consideration of its being necessary to put the Endorsement on a permanent Document because other Papers which are exhibited by Masters of Vessels, nominally the Clearance which you express, maybe, and notoriously have been in numerous Instances, forged and varied according to the views of the Shippers; to which it may be added, that the Circumstances of Date and of Place, as designated in the Notice, may be regarded as sufficient to prevent any improper Application of it to different and posterior Voyages. I have the Honor to be, with great Consideration and Respect, Sir, Your most obedient humble Servant.
Ant: Merry

   RC (DNA: RG 59, NFL, Great Britain, vol. 3); Tr (PRO: Foreign Office, ser. 5, 41:73–75); Tr (DNA: RG 59, Misc. Duplicate Consular and Diplomatic Correspondence, 1791–1906, box 3, folder 17). RC in a clerk’s hand, except for Merry’s complimentary close and signature; docketed by Wagner. Second Tr docketed by Monroe.


Title: To James Madison from Louis-André Pichon, 27 December 1803
From: Pichon, Louis-André
To: Madison, James

Georgetown 27. Decembre 1803
Mr. Pichon a l’honneur de présenter ses respects à Monsieur Madison et de lui adresser ci-jointe Copie de la lettre qui lui est parvenue ce matin de la part du Commissaire du Gouvernement français à la Nouvelle-Orléans. Cette lettre met Mr. Pichon dans le cas de demander à Monsieur le Sécrétaire d’Etat une entrevue relativement au contenu de la Note qu’il a eu l’honneur de lui présenter le 24 de ce mois; et il prie Monsieur Madison de vouloir bien indiquer le moment où il pourra le recevoir.
Mr. Pichon a retenu à New York un Aviso de la République française dans l’objet de faire parvenir en france la nouvelle de la prise de possession de la Louisiane par le Cn. Laussat: il désire pouvoir l’expédier sans délai, et il souhaite, s’il est possible, d’être en état, par la même occasion, d’informer son Gouvernement de l’exécution du Traité de la part d⟨es⟩ Etats Unis.
L. A. Pichon

Condensed Translation
Presents his respects to JM and encloses a copy of a letter received that morning from the French commissary at New Orleans which prompts Pichon to request an interview with JM regarding the contents of Pichon’s note of 24 Dec. 1803.
Pichon has engaged a ship at New York to forward to France the news that Laussat has taken possession of Louisiana. He wishes to send this news without delay and at the same time, if possible, to inform his government of the execution of the treaty by the U.S.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1). For enclosure, see n. 1.

   Pichon enclosed a copy of Laussat to Pichon, 14 Frimaire an XII (6 Dec. 1803) (3 pp.; in French; docketed by Wagner), reporting that Laussat, as he had notified Pichon in two letters of 30 Nov. 1803, had taken possession of Louisiana, including the forts Plaquemine and Bayou [St. John] and the Balize, all keys to Louisiana by sea. Laussat expected the American commissioners the following week and enclosed a copy of his proclamation, written in the style Pichon had told him Jefferson wished. He had conducted himself toward Clark, who was now captain of a militia company, as Pichon advised and had accepted Clark’s offer of support. Landais arrived Friday evening with [James] Lyon while Laussat was consulting with Wilkinson, who had stopped on his way to join Claiborne at Natchez.


Title: To James Madison from Richard Harrison, 27 December 1803 (Abstract)
From: Harrison, Richard
To: Madison, James

27 December 1803, Treasury Department. “I have the honor to enclose extracts from the Accounts of Mess. Jay, Short, Pinckney, and John Q Adams, which will shew the grounds on which they have respectively received Credit for Expenses of the kind allude⟨d⟩ to in your letter of yesterday. But as all these Gentlemen, except Mr. Jay, were in the rect. of regular and legal Salaries, it is presumed their cases do not fully answer as precedents for that of Doctor Stevens; and I am still decidedly of Opinion that whatever allowance he is to have, whether in the shape of compensation, or as a Reimbursement of Expenses must be fixed by some superior Authority before it can be admitted by the Accounting Officers of the Treasury.”

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

   Harrison enclosed a 27 Dec. 1803 note (2 pp.) stating that John Jay, whose expenditures “except in a few trifling instances, were supported by regular vouchers,” received $12,000.36 “for the expenses of his mission, including his passage home, loss in Exchange, salary of a Secretary, & 63£ Stg as a retaining fee to Counsel in cases of Capture.” William Short, whose “expenditures were also pretty generally vouched,” was credited with $5,785.11 “for the expenses of two Journies to Holland and Antwerp (including the salary of a Secretary) and of a special mission to Madrid.” Thomas Pinckney was credited with $7,737.49 “for the expenses of his mission to Madrid.” Harrison noted that “the particulars of these expenses are stated, though not minutely, nor are they supported by the Vouchers usually required,” adding that Pinckney’s accounts had been settled in the State Department and that it was assumed that they had been sanctioned by the secretary of state. John Quincy Adams was credited with $3,449.45 “for the Expenses of his Mission to London, including loss in Exchange,” and Harrison noted that these were “detailed by Mr. Adams, but not vouched,” adding: “But besides being expressly sanctioned by the Department of State, it was easy to test the reasonableness of them by a reference to other Accounts of the same kind.”


Title: Memorial of Alexander Moultrie and Others, 27 December 1803 (Abstract)
From: Moultrie, Alexander
To:

27 December 1803. “The Memorial … sheweth, That during the last session of congress begun on the 6th day of December, 1802, an application was made … in the name of your present applicants … for redress and compensation … of injuries and losses actually sustained individually from a certain contract or purchase of lands by a company called the South-Carolina Company in December, 1789, from the state of Georgia … by reason of the non-compliance of Georgia with such contract and her sale thereof to the United States.
“That in the said application (as appears by a copy thereof annexed) a full statement and representation was made, of the particulars of the said contract … and of the final completion thereof (after a part execution and binding efficacy had been given to the same) by the purchasers.” On 23 Feb. 1803 the same claim was submitted to the House of Representatives. The initial bill admitting these and other claims not having passed the Congress, “an amendment was made in the senate to another act then passing, (and which passed there, into an act) entitled ‘an act regulating the grants of lands, and providing for the disposal of the lands of the United States, south of the Tennessee,’ by which said amendment, the eighth clause of the said act, was altered so, as to embrace your applicants claims, and to provide for all claims under ‘any act, or pretended act of the state of Georgia.’”
“That the magnitude of injury suffered by your applicants will appear from a perusal of their former representation, now annexed to this and their account;… they do not come to demand any of the territory contracted for with Georgia, and since purchased by the United States, or to dispute their rights, or to repel the claims of other claimants who may have suffered in like manner, and may be equally entitled to compensation: but … to receive a liberal compensation from the provisions made by congress for that purpose, adequate to the damage and injury they have suffered.…
“That they solemnly know of no one, who has suffered any [of] the losses herein enumerated but themselves, or advanced any sum of any magnitude but William Gibbons, who has advanced L. 500 now in the Treasury of Georgia:… Gibbons has not authorized any of your applicants, to apply for him for any compensation, though notified to do it;… they, therefore … pray such compensation as may be given them, be given to be divided between them nominally in ratio of their respective losses individually, and in full satisfaction thereof: all which losses are fully proven, and sufficiently vouched from the records of the supreme court of the United States, authenticated copies of which are now lodged in the office of the Secretary of State.” Submitted by Moultrie for himself, William Clay Snipes, Dr. James Moultrie, and the representatives of Gen. Isaac Huger, deceased.

   Printed copy (DNA: RG 233, Petitions and Memorials, 8A-F5.5; printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Public Lands, 1:171–72). 3 pp.; addressed to JM, Albert Gallatin, and Levi Lincoln as commissioners under the act governing the disposal of the Georgia Yazoo lands; signed and dated by Moultrie; enclosed in Moultrie to Congress, 27 Dec. 1803 (printed ibid., 1:165). For enclosure, see n. 1.

   The enclosure is a printed copy of the first application of Moultrie and others to JM and the other commissioners in December 1802 (n.d.; printed ibid., 1:165–67).

   On 22 Feb. 1803 the House of Representatives allowed Moultrie, acting as counsel for the petitioners, to make a verbal presentation of their case in the House chamber (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 2d sess., 582).

   The eighth clause of the 3 Mar. 1803 “Act regulating the grants of land, and providing for the disposal of the lands of the United States, south of the state of Tennessee” set aside Yazoo lands for the compensation of claims that were not recognized in the articles of agreement between the U.S. and the state of Georgia “and which are derived from any act or pretended act of the state of Georgia, which Congress may hereafter think fit to provide for” (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:232–33). For the commissioners’ earlier negative recommendation on the claim of the South Carolina Yazoo Company, see Report of the Georgia Land Commissioners, 14 Feb. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:321–22).

   Enclosed with the 27 Dec. 1803 memorial to Congress is a copy of the complainants’ brief to the Supreme Court with supporting documents (printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Public Lands, 1:167–71).


Title: To James Madison from George Davis, 28 December 1803
From: Davis, George
To: Madison, James

Sir,
Tunis December 28th. 1803.
My unpleasant communication of the 17th. ultimo, (which was forwarded via Marseilles, Leghorn, and Malaga) announcing the loss of the U. States Frigate Philadelphia—I trust has been recd. This unfortunate event, has given not only the Bashaw; but all Barbary, an influence over us, which no other possible circumstance could have produced; the little National consequence, we possessed with this Regency, is already materially effected by our recent misfortune. On the 14th. instant, I was called to Bardo, by the Sapatapa, who demanded an answer to the Bey’s letter, directed to Commodore Morris—(a Copy of which I have the honor to enclose you). I informed him that no reply was yet received, and that it was not time to expect one. He observed, that his Master would wait no longer, as he was resolved to know whether we were in a state of peace or War. I told him that no doubt could, or ought to exist in the breast of His Excellency, of our good will & friendship towards him. “We should be better satisfied to hear that, from Your Government, accompanied with such proofs as We expect.” I answered, that on such a question, I was not authorized, even to have an opinion. “Good words cost You nothing; however, we expect that no longer delay will be made by the Commodore; or does he intend to wait for more Corsairs, in order to decide the war commenced by Your Embrolione? It would be a different game from that You have played with Tripoly—and the loss of one frigate with us, could only be repaired by a Regalia of three.” Then turning to one of his Agents, he contemptuously observed in Arabic. “The Americans are now like the ground. El Mericken kef el trap.” To these observations no reply was made—he concluded his audience by requesting my medical assistance, for a Chronic complaint, under which he has laboured many years.
The affairs of Spain, will be arranged, as His Excellency the Bey, may think proper to dictate. The U States, will be their Successor in difficulties; and Denmark, must follow us. Such is the order of the day.
A Cargo of Plank, part of the Swedish Regalia, arrived on the 23d. instant. The Spanish Xebecs, are nearly finished—and the Bey, will probably succeed in his demand on the Bashaw of Tripoly, for the Philadelphia—he offers two small Corsairs in lieu.
I am honoured with a communication from Tobias Lear Esq. informing me, of his having entered upon the functions of his office, as Consul General for Algiers—enclosing me different extracts from his orders, shewing the relation the other Consulates have with respect to him; and the desire of Government to change the Mediterranean passports—giving me discretionary powers with respect to the Demoiselle Anne Porcile de L’Isle de St. Pierre; and authorizing me to obtain, on the Credit of the U. States, the Sum of ten thousand dollars, for the relief of the immediate necessities of our officers and Men, at Tripoly. As also an official communication from Commodore Preble, declaring the port of Tripoly, in a state of Blockade, directing the same “to be made known to the Govt. of Tunis, as well as the Consuls and Agents of Neutral powers.”
I have the honor to enclose You a Copy of my last to Capt. Bainbridge at Tripoly, which will fully inform You, how far I have acted, on the orders of Consul Lear. His Excy. the Bey, as well as the Christian Consuls, and Agents, have been Officially informed of the Blockade of Tripoly, by the U. States Ships of War. And have also obtain’d two years, instead of Nineteen months, for the change of Our passports—(to wit) from 1st. of January 1804, to 1st. January 1806, inclusive. With profound Respect and Consideration, I have the honor to be, Sir, Your Most Obedt. Servt.
George Davis

   RC and enclosure (DNA: RG 59, CD, Tunis, vol. 2, pt. 2). RC marked “Duplicate”; docketed by Wagner. For surviving enclosure, see n. 5.

   Davis probably enclosed a copy of Hammuda Bey to Morris, 14 Sept. 1803 (printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 3:43), in which the bey repeated his rejection of Cathcart as consul, noted that Davis had been left to serve as consul only until the U.S. government appointed another, and asked whether that had been done.

   Imbroglione: meddler, troublemaker. The Sahib-at-Taba referred to James Leander Cathcart, former U.S. consul at Tripoli, who was blamed for the war between that regency and the U.S. (see Davis to JM, 13 Sept. 1803 [PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:408–18]).

   Davis had been surgeon on the Enterprize before being named acting consul at Tunis (Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:21, 106).

   For Davis’s difficulties with the ransom for Maria Anna Porcile, see Davis to JM, 3 July 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:142–43).

   The enclosure is a copy of Davis to Bainbridge, 20 Dec. 1803 (4 pp.; docketed by Wagner), recapitulating the contents of his 30 Nov. 1803 letter, reporting that he had just received Lear’s authorization to offer substantial aid to the crew of the Philadelphia, enclosing the two bills of exchange he had been able to negotiate so far, detailing the other financial arrangements he was planning to make, and authorizing Bainbridge to purchase clothing for the men and officers. He asked what Nissen or Beaussier had done, noted that he had forwarded Bainbridge’s correspondence, and promised that he would keep Bainbridge informed “of all home news.”


Title: To James Madison from Richard Harrison, 28 December 1803 (Abstract)
From: Harrison, Richard
To: Madison, James

28 December 1803. Informs JM that the accounts of Joseph Fenwick, former consul at Bordeaux, totaling over $10,000, are at the treasury but that “a want of time prevents their immediate adjustment.” “Mr. Mason, who is empowered to receive whatever balance may be found due, being desirous of a present advance, it is presumed there will be no risk or impropriety in letting [him] have to the Amount of four or five Thousa⟨nd⟩ Dollars on Account.”

   RC (DNA: RG 59, ML). 2 pp.; docketed by Wagner.

   The documents relating to Fenwick’s account are in the Treasury Department records at the National Archives (DNA: RG 217, First Auditor’s Accounts, no. 15,156).

   On 28 Dec. 1803 JM wrote Gallatin (DNA: RG 59, DL, vol. 14; 1 p.) requesting the issuance of two warrants for $2,250 each in favor of Fenwick’s attorney, John Mason, directing that one “be drawn on the appropriations for the relief of sick and destitute seamen, and the other upon those for the defince [sic] of American prize causes in foreign countries.”


Title: To James Madison from James Maury, 28 December 1803 (Abstract)
From: Maury, James
To: Madison, James

28 December 1803, Liverpool. “I had this honor on the 19th: past. The inclosed dispatch from Mr. Monroe has experienced the same accident in the seal as that inclosed in my last letter.” Encloses a price current for American produce in the local market.

   RC and enclosure (DNA: RG 59, CD, Liverpool, vol. 2). RC 1 p.; in a clerk’s hand, signed by Maury; docketed by Wagner. Enclosure (2 pp.) is a printed copy of a 15 July 1803 Liverpool price current listing prices and duties for U.S. goods imported in American and British vessels.

   Maury to JM, 19 Nov. 1803.

   Maury may have transmitted Monroe to JM, 17 Dec. 1803.


Title: To James Madison from John Thomas Ricketts, 28 December 1803 (Abstract)
From: Ricketts, John Thomas
To: Madison, James

28 December 1803, “Cameron Mills near Alexanda.” “If not contreary to the duties of your office, you will oblige me by Intimating the name of the Collector appointed for new Orleans, which I have this day understood to be a Mr Triste, who acted (as I am told) at Natchez in that capasity.” Inquires because [William G.] Garland, with whom Ricketts has “a Corsary Acquaintance” and who directed a fourteen-thousand-dollar trust with “all possible satisfaction,” has forwarded his credentials to Ricketts. “I had also Thought from his long Standing in that country with his knowledge of the manners and Habits and the Respective Languages where English is understood by Very Few, and more Especially from his Fairness of Character as a man of business and probity, and that attested by the most Respectable Sources In that country,” that the government could not fail to notice him. Has information that Trist “will Be much less satisfactory in that place, Than him alluded to.” “To me the case Either way is Equally Indiferent and for that Reason I will say no more about it.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Garland”). 2 pp.

   For an earlier recommendation of Garland for the same position, see Ricketts to JM, 31 Oct. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:597).

   Ricketts wrote again to JM later the same day (DNA: RG 59, LAR, 1801–9, filed under “Garland”; 1 p.; docketed by Jefferson) quoting a 1 Dec. 1803 letter just received from Garland which reported the transfer of Louisiana to France, mentioned local concerns regarding Spain’s dissatisfaction with the sale of the territory, and stated that Laussat had appointed Garland interim collector at New Orleans. Ricketts added, “I think if any one man can Indu[c]e the merchants of that country to decline Smuggling, it will be in the power of Mr Garland, and to Accomplish which there is not a doubt of his Exertions.”


Title: From James Madison to William Lattimore, 30 December 1803 (Abstract)
From: Madison, James
To: Lattimore, William

30 December 1803. “The Secretary of State presents his respects to Dr Lattimore and informs him that the commission of John Steel as Secretary of the Mississippi Territory expired on the 7th May 1802 and that the commission of his Successor is dated 3 March last.”

   RC (DNA: RG 233, Petitions and Memorials, 8A-F1.1). 1 p.; in a clerk’s hand; unsigned. Printed in Carter, Territorial Papers, Mississippi, 5:299.

   After the expiration of John Steele’s term, he continued to perform the duties of the office until they were assumed by Cato West on 9 June 1803 (ibid., 5:249–50, 259).


Title: From James Madison to John Cotton Smith, 30 December 1803 (Abstract)
From: Madison, James
To: Smith, John Cotton

30 December 1803, Department of State. “The Secretary of State has the honor to enclose to Mr. Smith, in consequence of his letter of the 28th. [not found]; requesting him to furnish the Committee of claims with such evidence as may exis⟨t in⟩ the Department of State in relation to the value of the Danish Brigantine Henrich and cargo, the following documents, viz.
“No. 2. The invoice of the cargo. / 3. The Charter-party. / 5. Account Sales of the Brig and cargo at St. Kitts / 7. Additional account Sales.”
“The enclosed being original documents Mr. Smith will have the goodness to return them after they are no longer useful to the Committee.”

   RC (DNA: RG 233, President’s Messages, 8A-D1); letterbook copy (DNA: RG 59, DL, vol. 14). RC 1 p.; in a clerk’s hand; unsigned; torn. Letterbook copy omits final paragraph. Enclosures not found.

   For the case of the Hendrick, see Richard Söderström to JM, 10 June 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 1:290–95, 296 n. 8).


Title: To James Madison from William Jarvis, 30 December 1803 (Abstract)
From: Jarvis, William
To: Madison, James

30 December 1803, Lisbon. “The detention of the Schooner Three Brothers by head winds affords me an opportunity of inclosing a Copy of my Note of the 22nd. Inst. to the Visconde Balsemaõ requesting a personal interview & answer.” Waiting on Balsemão at the appointed hour, Jarvis expressed his fear that the lack of reply to his latest letters “was owing to some unintentional omission of respect and attention” on his part. “He replied that it was entirely occasioned by the Multiplicity of Affairs he had to attend to. I then said the peace with Morocco had superseded the necessity of any answer to those that related to that Affair, but that the Impressment of our seamen was a subject of much interest to the United States.” Balsemão said he had ordered “that every protection should be given to our seamen.” Jarvis raised the subject of the quarantine “and went over pretty much the same course of observations and deductions I did the last season in my letters to his predecessor and in addition touched upon the hardship under any circumstances, of making our Vessels that had 35 to 40 days passage perform a quarantine of equal length with Vessels from the Streights, who seldom had more than 5 to 10 days.” “He replied that every precaution was necessary to guard against a disorder tha⟨t⟩ the Inhabitants of Malaga had suffered so much from and he heard the disease was communicated by an American Vessel.” Jarvis said he had been informed the disease “was communicated by a French Vessel from St: Domi⟨n⟩go.” “Then handing him a Translation of the Circular letter of July 1801 to the Collectors, I enforced the Credit that ought to be given to our Bills of Health I concluded by shewing him a paragraph in a Baltimore paper of the 1st. Novr: mentioning that the board of Health ⟨at⟩ New york had adjourned their meetings, & that the Yellow fever had ⟨c⟩eased; which was confirmed by a Vessel that arrived from that place five days before, who brought a Bill of Health stating that the disorder had entirely subsided, with a Certificate from the Portuguese Vice Consul to the same effect, & requested that all our Vessels might be admitted to Prattic, & the quarantine raised on Vessels from the U. States.” Balsemão ordered the vessel admitted, but information received from the vice-consul at Belém indicates that the local officials did not understand the quarantine to have been entirely removed. “There were 5 Vesse⟨ls⟩ the longest had lain 22 days & the shortest only 5 days. An unfortunate affair took place the night before las⟨t⟩ between a Portuguese East India Man, & the Lapwing B. Frigate. In tending to the tide they swung aboard each other & in clearing them a quarrel ensued between the sailo⟨rs⟩ & the English say in justification, that the Portuguese th⟨rew⟩ an ax, some lances & handspikes on board, by which two o⟨r⟩ three sailors were severely wounded, & that the Captain of t⟨he⟩ Frigate in self defence was obliged to order the Marines to fire, which they obliged, & killed two Portuguese, & severely wounded a third. The report relative to the interferen⟨ce⟩ of the British Government regarding the money arra⟨nge⟩ment between this Country, & Spain, & France, has died an⟨d⟩ nor is any thing more said about the demand of Genl. Lannes. Inclosed is a letter from Mr: Pinckney received by this day’s Mail.”

   RC and enclosures (DNA: RG 59, CD, Lisbon, vol. 2). RC 4 pp. For enclosures, see n. 1.

   The enclosures (1 p.) are copies of Jarvis’s 22 Dec. note to Balsemão requesting a meeting and Balsemão’s 22 Dec. reply (in Portuguese and English) agreeing to see Jarvis at eleven o’clock on the morning of 24 Dec.

   For the yellow fever in Andalusia in 1800, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 1:450 n. 1.

   For the 15 July 1801 circular letter to collectors regarding certificates of health, see Gallatin to JM, 22 July 1801 (ibid., 1:453–54 and n. 1).

   For the agreement between France, Spain, and Portugal, see Jarvis to JM, 2 Nov. 1803. For the report of Lannes’s demand that French troops be allowed to enter Portugal and its subsequent denial, see Jarvis to JM, 18 June and 26 Oct. 1803 (ibid., 5:102–3, 578–79).

   Pinckney’s letter has not been identified. Filed before Jarvis’s 26 Oct. 1803 dispatch is his 1 Dec. 1803 deposition (2 pp.) stating that he had retrieved American seaman Francis Burns from the British frigate Maidstone, where he had been deposited by Capt. Charles Otis of the ship Three Friends of Boston under pretext that he was a British citizen. Jarvis apparently placed Burns on the brig Rachel of Alexandria, Virginia, for transport to the U.S. Filed with Jarvis’s 30 Dec. 1803 letter is Burns’s 3 Dec. 1803 agreement (1 p.; docketed by Wagner) that he would not misbehave on board the Rachel on pain of forfeiting the part of his pay held by Benjamin Hale, master of that ship.


Title: To James Madison from David B. Nones, 30 December 1803 (Abstract)
From: Nones, David B.
To: Madison, James

30 December 1803, Philadelphia. Encloses “sundry papers respecting the treatment of Victor Hughes and losses sustain’d in consequence of it by Captain Rufus Greene of the Schooner Greenwood.” Asks JM “to acknowledge the receipt of the same” and to inform him “what mode to pursue to recover the property of the guns and difference of market.” Requests this as Greene’s attorney.

   RC (DNA: RG 76, Preliminary Inventory 177, entry 180, Great Britain, Treaty of 1794 [Article VII], British Spoliations, box 3, folder G). 1 p.; docketed by Wagner. Enclosures not found.


Title: To James Madison from Stephen Cathalan, Jr., 31 December 1803 (Abstract)
From: Cathalan, Stephen, Jr.
To: Madison, James

31 December 1803, Marseilles. Encloses a copy of his 22 Dec. 1803 dispatch and transmits papers “which I have received from Mr. Geo: Davis Charged of the U. S. Consulate at Tunis with his Letter to me of the 17th. Novemb. last, Confirming me the unfortunate Event of the U. S. Fregate Philadelphia.” “I hope that Commodore Morri⟨s⟩ [Preble] who Sailed from Gibraltar Bay about on the 15th. Nover. to Conduct Consul Lear & family to Algiers, having been informed there of that Event will have already taken measures which Such unfortu⟨nate⟩ Circumstances might admit of.
“If by the Situation of Marseilles towards tripoly my Services may be deemed necessary to the Government of the United States—I beg you to assure the Honble. President I am ready to Execute his or your Commands.”

   RC (DNA: RG 59, CD, Marseilles, vol. 2). 1 p. Enclosures not found.


Title: To James Madison from Daniel Clark, 31 December 1803 (Abstract)
From: Clark, Daniel
To: Madison, James

31 December 1803, New Orleans. “Inclosed I forward my account against the U. S. amounting to $180 with the Vouchers therefor.” “These Expences have been incurred for sending four Expresses to Natchez” with letters to Claiborne and to Claiborne and Wilkinson. “The Sum of $60 paid to Luther Smith was by the Generals order for carrying a Packet advising his arrival here from Mobille and his intention of proceeding to Fort Adams to cooperate with the Governor in putting the Presidents orders with respect to taking possession of this City into execution. The Sum of $60 paid to John Enright was for going Express with the news of possession being taken by the Prefect,… and the two Sums of $30 each paid to Thomas Bernard & Saml. B. Davis were for the hire of the former and a confidential Servant of the latter for carrying Letters at different times from myself to Governor Claiborne.… The reason why the Sum paid to these two last is so much more reasonable than that paid to the two fo⟨r⟩mer is that I supplied them with my own Horses for which no Charge is made.” Hopes these explanations “will be sufficient to induce you to order my draft of this date in favor of Mr. Daniel W Coxe of Philada. for the amount of the account to be honored.”

   RC (DNA: RG 59, CD, New Orleans, vol. 1). 2 pp. Enclosures not found.


Title: To James Madison from Thomas Hope, 31 December 1803
From: Hope, Thomas
To: Madison, James

Letter not found. 31 December 1803, Philadelphia. Acknowledged in Daniel Brent to Hope, 14 Feb. 1804 (DNA: RG 59, DL, vol. 14), as an inquiry about the impressment and detention of Andrew Malony on the British ship of war Boston, as was Hope’s 10 Feb. 1804 letter [not found]. Brent stated that application had been made to Anthony Merry “some time past” to intercede for Malony’s release.


Title: To James Madison from Edward Pope, 31 December 1803
From: Pope, Edward
To: Madison, James

Letter not found. 31 December 1803. Acknowledged in Daniel Brent to Pope, 8 Feb. 1804 (DNA: RG 59, DL, vol. 14), as containing a letter from impressed seaman Abiah Hathaway to his father. Brent added that it would be necessary for the friends of the sailor to provide JM with proof of Hathaway’s citizenship and a description of his person before application could be made for his release.


Title: To James Madison from the Right Reverend James Madison, [1803]
From: Madison, James (Reverend)
To: Madison, James

Dear Sir
[1803]
I have undertaken a Map of Virginia and anxious to give it all the Correctness, which the best observations can afford, find myself almost obliged to request your Aid. There is a Map by Col. Francis Deakens, in the Possession of Mr Geo. Fenwick, of Washington, with a Number of Notes describing the Potowmac River, & the Line between Maryland & Virginia, with the Roads, Water Courses Etc, which, it is thought, would be interesting, & might be either copied, or obtained from Mr Fenwick. Should it be perfectly convenient to you to make Inquiry concerning the Map, & the Notes, &, if they can be obtained, to forward them to me, you would oblige me greatly; provided you think any useful & accurate Information can be collected from them. I have the Map of Maryland by Griffith; perhaps it may be founded upon the observations of Deakins; if so, that Circumstance wd supercede the Necessity of recurring to Mr Fenwick. What is the Opinion of Griffith’s Map, as to the Potowmack, & Maryland Line? This Question, perhaps, you can solve, or collect from Inquiry. What is the Long. of Washington, as given by Ellicott, either from Phila. or London, or Paris? He, no Doubt, determined that Point; & yet I do not find it any where stated.
If our valuable Friend Mr Jefferson has collected any Observations as to the Long. & Lat. of important Positions in Virga, or of any Places in it, since the Publication of his Map, I wd thank him for them. Ferrer’s I have bt, if any Observations of the Kind have been presented to you, which may be useful, I will thank you for them. Perhaps some Surveys of our Coast may have been made under the Authority of Govt. Yrs sincerely & Affy.
J. Madison

   RC (DLC). Filed at the end of 1805. Undated; date assigned here on the basis of the contents of the Right Reverend James Madison to JM, 12 Feb. 1804.

   District of Columbia resident and landowner Francis Deakins (d. 1804) had drawn a “Plat of Carrollsburg” (1770), a planned but never extensively developed community situated at the confluence of the Potomac River and the Eastern Branch (Anacostia River). The property was later incorporated into the District of Columbia (Records of the Columbia Historical Society 3 [1900]: 219, 31–32 [1930]: 6–7; C. M. Harris and Daniel Preston, eds., Papers of William Thornton [1 vol. to date; Charlottesville, Va., 1995–], 1:261 n.).

   George Fenwick assisted Andrew Ellicott in surveying the District of Columbia and later produced maps of the area (John Stewart, “Early Maps and Surveyors of the City of Washington, D.C.,” Records of the Columbia Historical Society 2 [1899]: 58, 60).

   This was doubtless Dennis Griffith’s Map of the State of Maryland Laid Down from an Actual Survey of All the Principal Waters, Public Roads, and Divisions of the Counties Therein … (Philadelphia, 1795; EvansCharles Evans, ed., American Bibliography … 1639 … 1820 (12 vols.; Chicago, 1903–34). 28772).

   “A Mapp of Virginia Discovered to the Falls” by John Farrer (Ferrar) was first published in 1651. The 1667 version of this map, entitled “A Mapp of Virginia Discovered to the Hills,” is reprinted in Richard W. Stephenson, ed., The Cartography of Northern Virginia: Facsimile Reproductions of Maps Dating from 1608 to 1915 (Fairfax County, Va., 1981), plate 3.


Title: To James Madison from John Appleton, 1 January 1804
From: Appleton, John
To: Madison, James

Sir
Agency of the United States of America Calais January 1. 1804.
I have The honour to inclose you a statement of The American Vessels which have arriv’d & sail’d from The district to which my Commission is limited; They are not numerous, but from The unfortunate circumstances which have attended so great a proportion of Them, and which almost every season furnishes similar examples, I am induced to hope & presume our Government will adopt, such measures as will enable Their Consuls to give That aid and assistance To Their Countrymen which is equally Their inclination as Their duty for the preservation of property Thrown on The Shore.
The Coast of this part of France is particularly expos’d To such events. Vessels coming from The North & East of Europe can with difficulty escape when They pass, without seeing what are call’d the Foreland Lights upon The English Shore; The simularity of soundings upon This Coast and Those of the Godwin Sands opposite betray The judgement of The most experienc’d Navigators, in The Boisterous Season when we have so great a proportion of Time in darkness. When I arrived in France with my Commission I was induc’d To believe That as Agents had been mutually appointed and recognis’d by our Government & This, That notwithstanding The Consular Treaty of 1788. had expir’d & by The Treaty of 1801 was annul’d, still, That some Power & some prerogatives were attach’d To our situation, but, by the Laws of This Government, & The manner they choose To construe Them, There is little more left for us, Than The Privilege of wearing The external marks of our Commission, and The exclusive right of supporting distress’d Seamen, which at This moment is very expensive, owing To The delay in sending Them To America, from The almost continual Embargoes which are lain upon Neutral Vessels while Their Flotille is in movement and the excessive high price of provisions, occasion’d by an unexampled influx of Military Men and preparations in this quarter. Conceiving it my Duty To hasten To The assistance of every Vessel That has been Wreck’d within The district of my appointment, I have upon all occasions day or night, The moment The news reach’d me, & in ev’ry instance found The Captains complaining of The Treatment they have receiv’d from The Officers of Government and Individuals, who surround Them with every other view Than That of relieving Them.

But, Sir, I am frustrated in every attempt To do That which appears to me my duty for The preservation of the Property. I am always Told, There exists no Consular Treaty, have therefore no Authority, and some favour’d Merchant near The Spot, is allow’d communication with The Ships Papers, before I arrive, who sends express To The Owners ⟨or⟩ Consignees To The Port She was bound To, or from, with such representations, as induces a procuration in his favour, which is return’d with equal speed & unlimited expence; By this mode, the most intriguing adventurer gets possession of Ship & Cargo, provided he finds upon return of his Courier There will be enough saved from The Wreck To pay expences & Commission, if not, The property takes another chance equally unfavourable To The Interest of the Owners.
There is a late Law of this Government which puts all property Stranded into the hands of The Commissary of Marine of the District, until it is decided by The Council of Prizes at Paris, if the property is Neutral, & To what Nation it belongs, so that neither The Consul or The Captain & Crew, can have any thing to say or do, until the decision is made, Every Paper relative to The Ship, is translated into French, before being sent To Paris. The Sea Letter Though written in four Languages has no weight: The Expence This occasions is great, and The Time it requires is alway⟨s⟩ Sufficient for the Commissary to dispose of the wreck & Cargo, & pay The expences Thereof, before any person employ’d by or interested in behalf of the Owners can have an opportunity of giving an Opinion upon any Transaction, in such hands the principal object will always be, To Secure To The Government Their duties, which I shall more fully explain, when I relate The events of the Ship Mohawk.
When a Ship is on shore, Custom house Officers, and a great number of men are employ’d by The different Officers of the Government (with The exclusion of The Captain & Crew) To do what They call, save Ship & Cargo, but Sir from The Specimen I have been witness To, it seems impossible that The Cargo of any Wreck can exceed The Expences of The Directors, Labourers and Lookers on, without taking into account That which is lost by Theft.
The Time of Sale at length arrives, and The Man who has The Procuration from The Consignees, is put in possession of The Amount, if any is left, for which he charges his Commission, without having done a single Thing for the benefit of The Property and it is to be presum’d, That he wou’d not & dare not scrutinize the account of expences of those who have aided him in getting the Procuration; I have omitted to mention That Those seekers for Consignments have Unceasingly asured The Captains, There were neither Consuls or Agents in this part of the Country. In Short Sir, no circumstance is omitted, or Art untried, To deceive the unfortunate, until They have possession of Their effects; The Ship, Mohawk was loaded with 450 Hogsheads of Tobacco, near One half of which came on shore, principally much damaged; The only interest it cou’d be expected, The French Officers woud take, woud be To save as much of The Tobacco as woud sell for sufficient To pay The duty, The event has proved the fact, from 40 To 50 Men were employed in doing that which The Crew coud have done alone, if they had been allowed To work under the direction of the Captain.
The Tobacco saved, was transported 15 Miles in the Country without any respect To The Interest of The Owners, who pay all expences, although it was known the Government woud exact The same duty from The damaged as from The sound. At the Sale a very considerable part was sold for the trifling sum of One Shilling a hogshead more than The duty Though every hogshead had incurr’d an expence of perhaps Fifty Livres, if there had been any judgement, or oeconomy excercis’d, in saving That which was good, and destroying or neglecting That which was bad, something might have been realiz’d, but in The present case There will not be enough To pay expences, Though The Government will receive 150,000 Livres duty; The Ship without incurring any expence went To pieces and floated on shore, where They were sold, with The Rigging, Cable, Sails &ca. for about 10,000 Livres; This Sum will be carried To pay the Expences of saving The Tobacco for The Government to get their duty; From The Ship President, but little was saved after she came on the Coast; The Captain was ordered on Shore with his Papers, which he shew To the Commandant of Fort Wissant, within half Gun shot of the Ship, particularly His Sea Letter, which was His only paper written in French; However the commandant paid no regard to The asurances or remonstrances of the Captain and order’d about Twenty Cannon Shot fired at her, which destroyed her Masts, Sails & Rigging; Fortunately, none of The Crew or Passengers were wounded, Though They were all on Board. The next morning the Military Took possession & every Thing was plunder’d That coud be conveniently carried on Shore, & The second night the Vessel was burnt to her Keel, supposed To be by people in Boats from British Cruisers, which had been all The preceeding day near The Coast; I shou’d tire your patience in enumerating half The difficulties and abuses that present at every Ship Wreck’d & will only observe that until we are exclusively authoriz’d To protect The Citizens of The United States and Their Property against such an accumulation of Evils, we can neither obtain the respect due To Ourselves, or fulfill The intentions of our Government in our Nomination; Soon after These Three [sic] Ships came on Shore The Crews were sent to me for support, which, I felt Authoriz’d To do, by your Circular Letter of April 9. 1803. although The Expence at This moment is very great and all communication with England being closed, I am obliged to wait for occasions That may offer from This Country To send To The United States.

At a time like The Present, when The passions and resentments of Frenchmen are work’d up to Fever heat against The English, I think it wou’d not be Safe to send Thirty sailors Through The Country, whose habits & manners so much resemble Those of England. The Ship Abby & Sally in This Port is detained until Her Papers are decided upon by the Council of Prizes, and an Embargo which I presume is only temporary, although This Ship only Touch’d upon The Coast near The Mouth of The Harbour in Ballast & got off The next day: Still she is oblig’d To go Through all The formalities at The Council of Prizes of Those which are fully loaded; It is to be hoped she will not be detain’d as other neutral Vessels have been Three months for the decision, in America, we expect when new regulations are made, they are To facilitate Commerce, but in This Country ev’ry alteration creates new impediments and augmentation of expence; I beg leave Sir, To observe, that The situation of Commercial Agents in France, can never meet the intentions of those who appoint, or of those appointed, until a Basis is establish’d To act upon; Any circumstance, That will admit of a question, between The Government and a Consul, will be decided against The Stranger; The District, To which I am appointed appears to be The most important in point of Wrecks, and The least lucrative of any in The French Republick; There is no part of France That offers equal danger from The circumstances mention’d in The First page of This Letter; At This Inlet To The Continent almost every American Citizen That passes, requires some Personal or Pecuniary services from The Agent of Their Government.
Mr Munroe, in his passage Through Calais To England, was not exempt from some of the difficulties which our Countrymen meet with, and said he wou’d take an Opportunity To give his opinion upon The Subject To The President.
When I was last in America The President express’d an opinion in favour of granting a Salary To Consuls & Agents; I am sensible in a Government like ours, it might meet with objections but Sir, wou’d it not be Just To discriminate? There are Districts perhaps which offer emoluments equal To The services They require; There are others, such as This which I have The honour to be plac’d in, is absolutely The Reverse.
The Commerce from The Ports between Ostend and The rive⟨r⟩ Somme is almost limited To The importation of a certain quantity of Tobacco from The United States, which falls into a few hands who have long been established and having in this part of the Country no great staple commodity suitable to The American demands, the Ships return To some other Country in Ballast for a Cargo or are sold, and in Time of Peace, the Seamen generally take This route To get Passages home from England, where They make Themselves better understood, and The chance is more favourable for Them To find employment.

Respecting Ships Wreck’d upon This Coast I beg leave To refer you To The preceeding part of my Letter, and now inclose you returns of the Vessels, which have arriv’d, sail’d and Wreck’d To The 31 Decembr. 1803 with a Statement of The Port Charges before and since the French Revolution at Dunkerque, which shews an immense augmentation and There appears no probability of a diminution; French Vessels entering Ports of France, are liable to all the expences of a Neutral Ship except The Tonnage Duty, which for Them is about three and half Sols ⅌ Ton; There are no Specific charges of Light money and Buoys in This Quarter; At the entrance of the Harbour, Signals are made with Lights, To indicate The state of the Tide for Vessels entering The Port by night, and by a Red Flag in The day, which is hoisted in proportion To The rise of The Tide, which at its height is capable of receiving a Loaded Ship of 500 Tons. Vessels coming up on This side of The Channel if they have occasion To Anchor near Calais, it shou’d be about half a League to Westward of the Port: Thus Sir I have endeavour’d To meet The intention of your Circular Letter of April 9. 1803, which I receiv’d about Three Months ago. I have The honour To be with all respect, Your very Obedient Servt.
John Appleton Coml. Agent for the U. S.

   RC, two copies (DNA: RG 59, CD, Calais, vol. 1). First RC marked “Copy”; in a clerk’s hand, signed by Appleton; docketed by Wagner as received 28 July. Enclosures not found.

   The consular convention of 14 Nov. 1788 was suspended under Article 2 of the Convention of 1800 (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:458–59).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:491–93.


Title: To James Madison from Robert R. Livingston, 1 January 1804
From: Livingston, Robert R.
To: Madison, James

No 94
Sir
Paris 1st January 1804
I have now before me your favor of the 9th of Novr announcing the agreable information of the ratification of the Treaty & Conventions by so decided a majority. This is the first official information I have had on that Subject the letter you mention to have written on the 22d October has not come to hand. I had however received the intelligence thro’ private letters & the news papers prior to the rect of your favor.
The measures taken for carrying the Treaty into effect are Such as afford me the highest Satisfaction & I rejoice that the protests of the Spanish envoy has given good ground for taking these decisive measures & explaining by your act the extent of your boundaries. The ratifications were received by the Same conveyance. I enclose Mr Talleyrand’s note on the occasion. You will be astonished when I tell you that upon asking the Minister, whether the Consul was pleased with the transaction & the manner of it? he told me that: he was not that Mr Pichon should have annexed the resolution &c since the stock was not immediately created I told him his idea was a very extraordinary one when he knew that the laws were immediately to pass and would have had a very ungracious appearance. That the President instead of availing himself of the three months delay had resolved to create the Stock as Soon as he Should hear of our possessing the country. That I thought the first consul in[stead] of manifesting any displeasure ought to be in the highest degree satisfied. He Strunged up his Shoulders & said he wanted the money & had hoped there would have been no delay. He asked me when I thought the Stock would come, & whether I could not contrive to turn it into money at an early day? I told him that I supposed that it might be expected by the end of January, & that I presumed he would find no difficulty in raising the money, Since he had already turned it into bills, & anticipated a payment of ten millions of those bills; that this was an affair to transact with the Bankers. I mention these circumstances merely to Shew you how rapid the wishes of the first consul are [and] how extremely difficult it is to count upon the natural course of things in transacting business with him.
This, Sir, greatly increases my anxiety at the postscript of your letter in which you direct me to obtain permission to delay the issue of the bills till certain doubts are removed, & till it is ascertained what the amount of the claims will be, & till certain ulterior instructions arrive. It is impossible to See in what light he will consider this application—he will certainly view with astonishment the United States who have hitherto pressed with Such ardour the payment of the claims of their citizens, whose distress they have painted in such glowing colours, who have offered the most pointed complaints against the delays of the French Boards—Now checking the progress of the business & continuing the distress of their citizens. I sincerely wish Sir that you had explained to me the doubts that have arisen under the Treaty. I See none of any importance but which may easily be removed [when] the commissioner (or rather M Maclure for he governs the board shall entertain a sincere desire to accomplish their task. Nor do I See any reason to believe that the twenty millions will not cover all the just demands within the Treaty: for tho’ the nominal Sum is much higher, yet we know of a certainty that many claims have actually been discharged—That Some are charged twice even in the provisional note—That many are in paper & will be reduced to one tenth of their apparent Sum: upon the whole the provisional note can not amount, inclusive the interest to ten millions. So that I have well founded reasons to believe that there will be no excess of debts beyond it which are not provided for: One million at least of interest will be added by the delay I am directed to obtain & by the measures the Board have pursued. But that million is a clear charge against the United States since it is solely occasioned by their act. The distress that the claimants here will feel by this delay, the derangements, that it will make in mercantile Speculations will cause a very heavy loss to money. But, Sir, how is this instruction to operate? The Convention is now the law of the Board, what power exists to arrest its operation? in any way, but by the enacting a new law? That is by framing a new Treaty. This then must go thro’ all the forms, it must be Sent back for ratification. How many months must elapse before this can be effected? Since I have not yet received the instructions for its commencement: In the mean time Sir In what a delicate Situation am I placed? Suppose the accts are passed, the necessary certificates given & the party applies to me for the bills, what answer am I to give? Will it be Sufficient for me to plead an instruction for a breach of the law? Would it not have been infinitely better to have Suffered the business to go on? & if there had been an excess for our Govt to have paid it, & constituted themselves creditors of the French Government to that amount: the embarrassments to what this & other acts arising from different views of the Subject (among which may be counted the affair of the guarantee) obliges me to act So inconsistently with myself, & to undo one day what I have done the day before as to render my Situation very irksome.
If the Government Sees thro’ other eyes than those of its Minister; if it founds its measures upon informations received thro’ other channels, & Some of those avowedly unfriendly to him he is bound in honor to quit his Station.
The law too directing me to draw bills is such as is certainly not calculated to render me very easy. I am to be constituted debtor for millions in an affair in which I have no personal interest till I Satisfy the accounting officers of the Treasury that I have drawn conformably to the Convention. Thus my character, my fortune are to be at the discretion of the accounting officers, without any rule being prescribed to me or to them by which I am to obtain my acquittance. I Should have expected, Sir, that the proof should have been described in the law, so that if it accompanied the bill, I Should have been acquitted, & the books of the Treasury been at all times ballanced. I am not to judge of the Convention, the Commissioners tell me I have nothing to do with them my bills can only be founded upon their certificate, & when this is produced, it Should Serve as my discharge it is upon this condition only that I will draw. It is probable that your instructions will prevent any bills from being drawn till after the time I have Set for my resignation. Should it happen otherwise, I Shall draw a special bill referring to the draft of the Board which I Shall annex to the bill, & I shall expect that the accounting officers when they receive the bill shall at the Same time ballance my account. For I will in no event Stand on the books of the treasury for unaccounted ballances, no! not for a Single moment. It is true that this mode of drawing will lessen the value of the bill to the holder who is compelled to part with it because its payment will depend upon the contingency of the Treasury considering the condition I annex to the bill as good or bad—but it is the only way in which I will draw, until you are pleased with the concurrence of the Secretary of the Treasury to prescribe to me Some Such precise rule as will answer the object I have in view, which is never to appear a public defaulter or to commit my fortune or that of my family to Such uncertain hazard as the opinion of the accounting officers in a country rent as ours by party. The Government have a right to command my time & my Services, but they have no right to exact from me the Sacrifice or even the most distant hazard of my fortune beyond what I may voluntarily Sacrifice to the Support of my Station. I Shall Sent herewith an estimate made upon the best grounds I can collect of the amount of the debts when reduced to their true principles, & by this I think there is good reason to hope that all to which the Convention refers, to wit all debts incurred before the Convention of 1800 will be paid without exceeding the twenty millions, or if there is any excess, it will be So Small that it will be better for our Government to discharge them than to Stop the progress of the Board, & incur a heavy loss in expences & interest. But as your order leaves nothing to my discretion I shall obey your commands & make the application you require, tho’ my heart bleeds for the distress that it will occasion to many here & the door that will be opened for Speculating upon their losses. The embarrassments I feel in my present Situation from the circumstances I have mentioned, render me extremely desirous of quiting my Station. I had determined if any great objects presented themselves to have endeavoured to effect them, tho’ at the expence of a longer Stay in Europe however painful it might be. But the affair of Floridas being laid aside for the present, in which I might have aided, & the President thinking no commercial treaty necessary, I know nothing but the common routine of business that would call for my attention. I pray you therefore, Sir, to present to the President my request to be replaced by the 15th day of April next, as I wish to return early in the Spring, & have made my arrangements accordingly. Should any thing happen to prevent my Successor’s arriving by that time I trust that a Commission for Chargé des affaires may be Sent me to be delivered when I go, as I have before requested: that my departure may meet with no delay, & into whose hands I may deliver the bills deposited by the Bankers & the French Govt for the purchase of Stock together with the Official papers that Should be left.
You have heard of the unfortunate loss of the Philadelphia frigate & the capture of her crew by the Tripolitans hoping that Something might be effected for their relief thro the First Consul, I have put in the note of which the inclosed is a copy. The Minister promises me every possible aid, but as the Consul is absent it has been Sent to him—a few days will elapse before I can know his determination as soon as I do if any thing can be effected in this way, I Shall write to Mr Lee to obtain his concurrence. I have the honor to be Sir with much esteem & respect Your most Obt hum: Servt
Robt R Livingston

   RC and enclosure (DNA: RG 59, DD, France, vol. 9); draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1); letterbook copy of enclosures (NHi: Livingston Papers, vol. 3). RC in a clerk’s hand, signed by Livingston; docketed by Wagner as received 4 May. Unless otherwise noted, italicized words and letters are those encoded by Livingston’s secretary and decoded here by the editors or supplied within square brackets from the draft (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 2:304–5 n.). RC decoded interlinearly by Wagner. For surviving enclosures, see nn. 1 and 12.

   The enclosure was doubtless a copy of Talleyrand to Livingston, 16 [6] Nivôse an XII (28 Dec. 1803) (NHi: Livingston Papers, vol. 3), thanking Livingston for transmitting Pichon’s dispatches, especially that containing the news of the ratification of the Louisiana Purchase treaty and conventions.

   Miscoded “inspeci”; interlinear decoding has “instead.”

   Miscoded “ary”; interlinear decoding has “&.”

   Miscoded and interlinearly decoded “what.”

   Interlinear decoding omits this word.

   Draft and letterbook copy have “land.”

   Draft has “which.”

   The 10 Nov. 1803 “Act making provision for the payment of claims of citizens of the United States on the government of France …” authorized the secretary of the U.S. Treasury to pay the claims of U.S. citizens against France “on the orders of the minister plenipotentiary of the United States for the time being, to the French Republic, in conformity with the convention aforesaid, and the said minister shall be charged on the treasury books with the whole amount of such payments, until he shall have exhibited satisfactory proof to the accounting officers of the treasury, that his orders, thus paid, have been issued in conformity with the provisions of the said convention” (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:247).

   Enclosure not found.

   Partly underlined in RC.

   Draft inserts “interposition of the” here.

   The enclosure is a copy of Livingston to Talleyrand, 30 Dec. 1803 (2 pp.; docketed by Wagner as received in Livingston’s no. 94; letterbook copy, dated 2 Jan. 1804, printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 3:308–9), reporting the capture of the Philadelphia, asking that Napoleon demonstrate the benevolent power of France by obtaining the prisoners’ release, and arguing that both France and Italy had an interest in the situation resulting from their dependence on trade with the U.S.

   Letterbook copy has “Mr Lear.”


Title: To James Madison from John Nicholas, 1 January 1804
From: Nicholas, John
To: Madison, James

Dear Sir
Geneva 1 Jany 1804.
The bearer of this letter is a Mr. Moffatt of this neighbourhood who sometime ago obtained a patent for a new method of applying heat for the purpose of evaporating fluids. He had been maturing his improvement for many months in perfect security and had made many very beneficial contracts for the sale of his patent rights when he was stopped by a pretended right to the same discovery of prior date set up by Doctor Thornton of your office. Mr. Moffatt’s mode of applying heat appeared so powerful and the uses to which it is applicable are so important that many of the most respectable people of this place had contracted for the shares in this right—this has made it a matter of such general conversation that I have become acquainted with facts relating to the interfering claims which I am sure you would think deserve investigation. I prize so highly and con⟨f⟩ide so absolutely in, the integrity of the first movers of our government, that I shd. illy bear any imputation which could come on the departments from the conduct of subordinate agents. This may have made me more captious in the present case than I ought to be, but I cannot for my life suppress the suspicion that there has been some unfairness in the conduct of your clerk.
If the suspicion which arises out of the facts which have come to my knowledge on the present case are unfounded would it not be a good precaution for the future & likely to give confidence to those who have interests of this sort, to prevent the person who must be the depositary of secrets which he may abuse & who may acquire apparent rights by malpractices from considering himself in any case as entitled to a patent. I have no doubt that in a trial at law an entry made in the officer’s own favor would be set aside when it comes in competition with another’s, yet it would be better & I am sure more agreable to you to make the security absolute.
I congratulate you on the fortunate issue which the measures of government have generally had. I had the utmost confidence that they would be we⟨ll⟩ intended and wisely conducted, but it was too much to hope that they would be unifermly successf⟨u⟩l. I hope it will produce general confidence in the existence of those qualities which are necessary to obtain success altho’ they cannot secure it.
When a man makes such a move as I have it is a natural curiosity of his acquaintance to know, what has been the issue & how his expectations have been answered. I can truly say to those who feel any interest in the information that I am entirely satisfied & so is every body of our company. I am not however so engrossed by the novelties around me as to forget the friends & acquaintances I left behind and as one of those who I most respect & esteem I beg you to accept the best wishes of yr. mo. ob. s.
John Nicholas
I had like to have forgot what was the first purpose of my letter that Mr. Moffatt is a man of fair character and is esteemed & respected by the best people in this country, with some of whom he is connected.

   RC (DLC). Torn.

   On 1 Feb. 1803 Geneva merchant John Moffat, who had resided in the area for several years, received patents for a “Boiler for accelerating the evaporation of liquids” and for an “Improvement in stills.” On 28 Oct. 1803 William Thornton received a patent for an “Improvement in boilers, also working stills with the same” (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Misc., 1:428, 429; G. David Brumberg, The Making of an Upstate Community: Geneva, New York, 1750–1920 [Geneva, N.Y., 1976], pp. 42, 44).

   John Nicholas (ca. 1763–1819), brother of George, Wilson Cary, and Philip Norborne Nicholas, was born in Virginia and educated at the College of William and Mary. From 1793 to 1801 he was a member of the House of Representatives and a leading supporter of Republican policies. In 1803 he moved to Geneva, New York, and engaged in farming. He later served as a member of the New York Senate (1806–9) and was a judge of the court of common pleas (1806–19) (Manning J. Dauer, “The Two John Nicholases: Their Relationship to Washington and Jefferson,” American Historical Review 45 [1940]: 340, 341, 341–42 n. 24).


Title: To James Madison from William C. C. Claiborne, 2 January 1804
From: Claiborne, William C. C.
To: Madison, James

Sir
New Orleans. January 2d. 1804.
The tranquillity in which I found this province is uninterrupted: and every appearance promises a continuation of it. This is the season of festivity here; and I am pleased to find that the Change of government gives additional spirit to the public amusements.
It gives me great satisfaction to learn from every side the favorable inclinations of the people; and their confidence in the justice and generous intentions of the American government towards the province. You may be assured that nothing has been left undone, on my part, which could strengthen that friendly opinion.
If I have a political uneasiness at this moment, it arises from the great latitude of the powers with which I am temporarily entrusted. The exercise of discretionary powers in matters of moment, is to me an irksome duty: I feel sensibly the weight of the responsibility which rests on me. I however indulge an anxious hope, that Congress will soon relieve me from that difficulty. The establishment of a government for the province, will I presume be a matter of immediate consideration; and cannot be determined more speedily than I wish. In the mean time I propose no exercise of my authority, except such as the peace of the province and the conciliation of general confidence in the Government shall peremptorily require.
To attempt a general renovation of the late system of Government would be a vain labor. The original principles of that system have been long lost sight of; It had scarcely a nerve not wounded by corruption. The business in every department was wrapped in mystery and intrigue; and has been left in confusion perhaps inexplicable. I once had a respect for the character of Governor Salcedo: but my good opinion of him has ceased. For it is a shameful fact that under his administration not only many of the posts of honor and of profit within his gift were sold, but that even when exercising the sacred character of a judge he often vended his decisions to the highest bidder. This only can be said in extenuation of his conduct, that he is superannuated, and that his eldest son, a young man who bears an unfortunate character in this place, had acquired and still maintains a ruinous influence over his aged father. After such account of the head, you will not be surprised that the same depravities pervaded the system in every direction.
The state in which I found the jurisprudence of the country embarrasses me extremely. The arrears of business in this department are very great: many of the Causes are of considerable importance: and some of them have been pending for upwards of twenty years. Corruption had put her seal upon them: but now, that seal being broken, few can see the necessity of further delay. Much is expected by the people from the pure and upright character of the American judiciary: and they manifest great impatience for it to be put in operation. But it is impossible to indulge this expectation immediately. To go thro’ the several causes now pending, and the prodigious accumulation of written testimony with which I understand them to be loaded, would require not only an intimate Knowledge of the Spanish language (for to translate the records would, I am credibly informed, be the work of years), but also an acquaintance with the Spanish laws and habits of practice. Characters with such qualifications, and men to whom may be safely confided so all-important a trust are not to be easily found. I wish it were possible to re-commence all those causes without injury to the parties but, in many of them, I understand, there is material testimony on record which never can be had again. Under existing circumstances, I feel a great reluctance in exercising my judicial authority. Under the Spanish government there was a right of appeal to the Governor General at the Havannah, from the Governor’s court here: and as that, of course, no longer exists, were I to perform the office of a judge, my decisions must be final; and I might be accused of arrogating to myself a plentitude of power which the haughtiest of my Spanish predecessors had never enjoyed. At first, I thought of merely appointing Alcaldes or Magistrates for the preservation of order and the recovery of small debts. But from a number of urgent applications from the mercantile interest, and other influential characters, I have been induced to establish a temporary Court to Consist of seven Magistrates; and, at the recommendation of the Municipality, their jurisdiction is extended to the recovery of debts not exceeding 3000$ with a right of appeal to the Governor in all cases above 500$. The establishment of a court with powers thus extensive may perhaps for a time reconcile the inhabitants at this place to a suspension of the functions of the Governors Court. The jurisdiction of that court will not for the present extend beyond the limits of the City: and the characters who compose it are men whose standing in society and talents appear to me most likely to render their appointment acceptable to the people. To this measure I was pressed by the actual necessities of the society: I have endeavoured to make the arrangement in such a manner as to be most efficient and agreeable to the wishes and habits of the inhabitants; and I hope it will meet with the Presidents approbation.
Mr Trist I presume has apprised the government of the present state and prospects of the revenue. I have therfore only to add that all his measures appear to me to have been dictated by sound policy, and a conciliatory disposition; and that his attentions to the duties of his department have been exemplary.
Permit me also to mention that the military arrangements made by General Wilkinson meet my approbation, and that his measures have been well directed to maintain good order and support the Civil authority.
I have taken no measures for the re-organization of the Militia, and shall await instructions from the President. At present I have no reason to apprehend any public inconvenience from a short delay. I however propose to commission two or three volunteer Companies who contemplate offering their services.
In the different prisons of this City I have found upwards of 100 prisoners, some of whom had been there from ten to thirteen years, on suspicions of crimes of which it does not appear they were ever convicted; and some for offences of a very trivial nature. I was anxious to place among the first acts of the American government one in which justice and humanity united; but, understanding that the Spanish authorities claimed some of the prisoners, I had an explanation on the subject with M. Laussat. It seems a principle had been settled between him and the M. de Casa Calvo, that all prisoners confined for territorial offences, or offences merely against the Country, passed with the sovereignty of the Country; but that the Spaniards were entitled to retain such as were confined for offences against the Crown or flag of Spain, as treason, military crimes, &c. The Marquis however has given me reason to believe that the Spanish prisoners will be set at large immediately, and requested that they might be detained until arrangements could be made to that effect. Of the prisoners who have fallen within my province, I have already released five; and shall proceed to set, I believe the whole at large. Their detention would be attended with a heavy public expence, and could answer no good purpose; as it appears to me very questionable whether any principle of law, would justify our noticing offences of which we had no cognizance at the time of their commission. It is also to be presumed that many of them are innocent and if others, less deserving, should be included in the general amnesty, it is more pleasing that our error is on the side of mercy. Less happy events have in other places thrown open the prison doors: and I confess I should feel a pang if the present occasion, so glorious to my country, should be disgraced by the rattling of a single chain.
I flatter myself I shall be able to bring the expences of the present temperary government within narrower bounds than I at first expected: and from Mr Trists representations I am induced to hope that his receipts will be commensurate with my demands.
The Merchants as well as the Planters in this country appear to be wealthy: their habits of living are luxurious and expensive: but, by far the greater part of them are deplorably uninformed. The wretched policy of the late government having discouraged the education of youth, the attainments of some of the first people consist of little else than a few exterior accomplishments. Frivolous diversions seem to be among their primary pleasures: and the display of wealth and the parade of power constitute their highest objects of admiration. Republicanism has many professed admirers here. There is something in the plain principle of equal rights which comes within the scope of the meanest capacity, and is sure to be agreeable, because it is flattering to the self complacency of every individual. But I fear that republicanism among all her friends here will find but few who have cultivated an acquaintance with her principles. But when the minds of the people become a little expanded, I doubt not but that they will be useful if not Zealous members of our commonwealth. Among the first objects therfore to be attended to is some effectual plan of immediately introducing into this province some system of education. I have already communicated to the Municipality of the City my wishes on the subject, and shall urge them to some prompt measures. The city is rich in lands and houses, as well as contingent revenues, and have it in their power to be liberal in the encouragement of public establishments. But the sons of ignorance and affluence are too apt to be content with their Condition: and I do fear that if the task of education be entirely left to private institutions, little improvement will ensue. I therfore hope that the Government will take early measures to erect schools, and, as soon as possible, some superior seminaries of literature in the province.
Permit me, before I conclude, to repeat my solicitude for the early establishment of some permanent government for this Province; not merely on account of my personal interest in the acceleration of that measure, but for the sake of the Country. When the charms of novelty have faded, and the people have leizure to reflect, they will I fear become very impatient ⟨in⟩ their present situation. I could wish that the constitution to be given to this district may be as republican as the people can be safely entrusted with. But the principles of a popular government are illy suited to the present state of Society in this province: the representative system is an enigma that at present bewilders them. Long inured to passive obedience, they have, to an almost total want of political information superadded an inveterate habit of heedlessness as to measures of government, and of course are by no means prepared to make any good use of such weight as they may prematurely acquire in the national scale. For nearly the same reasons, the establishment of a judiciary on American principles will have to encounter the most serious difficulties. Not one in 50 of the old inhabitants appear to me to understand the English language. Trials by jury at first will only embarrass the administration of justice: tho’ I presume a short acquaintance will be sufficient to convince any reasoning society of the inestimable advantages of that happy system.
The services of the volunteers from the Missisippi Territory will I presume be dispensed with in a few days. Their return will be directed by General Wilkinson. I cannot forbear again recommending this little spirited corps to the attention of the President. Their duty has been hard, and the season severe; yet no single instance of desertion has occurred among them: and thei⟨r⟩ Conduct has, (with the exception of five or six individuals) been uniformly orderly and obedient. Some complimentary communication to them from the President, thro’ the secretary of war, would be a just tribute to their merits, and might have a happy effect in case of future emergencies. Accept assurances of my sincere esteem and high consideration.
William C. C. Claiborne

   RC, two copies (DNA: RG 59, TP, Orleans, vol. 3); letterbook copy (Ms-Ar: Claiborne Executive Journal, vol. 13). First RC in a clerk’s hand, signed by Claiborne. Second RC marked duplicate.

   The second RC and letterbook copy have “are utterly beyond their comprehension,” which has been crossed out in the first RC and replaced with the wording shown.


Title: From James Madison to Christian Mayer, 2 January 1804 (Abstract)
From: Madison, James
To: Mayer, Christian

2 January 1804, Department of State. “In consequence of your letter [not found] I return enclosed the bill upon Mr. Adet for 32,287 livres 15 S. heretofore lodged in this Office by Moss Valck & Co. and I request you to acknowledge the receipt of it.”

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

   German immigrant Christian Mayer was a tobacco merchant in Baltimore (Beirne, The Amiable Baltimoreans, p. 204; James Robinson, Baltimore Directory, for 1804 … [Baltimore, 1804; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 5764], pp. xlii, 149).


Title: To James Madison from David Airth, 2 January 1804 (Abstract)
From: Airth, David
To: Madison, James

2 January 1804, Gothenburg. Encloses a copy of Robert Gardiner’s 29 Aug. 1803 dispatch, in which Gardiner informed JM of Airth’s appointment as vice-consul during Gardiner’s absence from Sweden on business. Encloses a statement [not found] of U.S. ships “which have arrived, discharged Cargoes, reloaded &c. for America.” Will send a duplicate by another opportunity. “The American trade to this Port is yearly increasing, and I believe to the advantage of the United States, but as the Commercial Treaty betwixt the two Countries dated at Paris 3d April 1783 for the space of fifteen years is now expired, I leave it to your own Judgement whether or not it might be found expedient to renew it.” Notes that Gardiner’s predecessor, [Elias] Backman, “procured from this Government an advantage of 30 p Cent on the Amount of the Duties of all Goods imported and exported by American Ships in preference to other foreigners which is still continued, therefore a renewal of the Treaty, and this last previlege confirmed, may be highly advantageous for the Subjects of the United States.” “From the situation of this Port, almost at the West end of the Catigate [Kattegat] it is particularly well calculated for the American Trade, and could funds be raise⟨d⟩ to make it a Depot for Russian Commodities for their Return Cargoes, the American Ships would be enabled to avoid the dangerous and tedious Navigation of the Catigate & Baltic, which all Masters of Ships I have spoke with wish much to avoid, and could they get their necessary Cargoes here, would nearly shorten their Voyage one half.” “After a residence of almost twenty Years here in a Mercantile House of much respectability,” suggests the expediency of sending “a Minister to act in a Triple Capacity, for this Country Russia and Denmark, if the expence of three should be deemed too much, as Consuls at these Courts are perhaps not considered of that consequence, which the Interest of our Nation may require.” Encloses an account of disbursements for distressed U.S. seamen in the amount of $63.80, for which he will draw on Livingston, according to JM’s orders. Will strictly attend to any further instructions.

   RC and enclosure (DNA: RG 59, CD, Gothenburg, vol. 1). RC 4 pp.; docketed by Wagner as received 16 July. For surviving enclosure, see n. 3.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:354–55.

   For the 1783 Treaty of Amity and Commerce between the U.S. and Sweden, see Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:123–49.

   Airth enclosed an account (1 p.; docketed by Brent) showing expenditures of $25.40 for support from 25 Dec. 1802 to 16 Apr. 1803, shoes, stockings, “& other necessaries” for John Fisher of Albany, New York, who had been sent to Marblehead on the schooner Hope, and $38.40 for support from 1 June to 3 Aug. 1803 for William Bell of Fredericksburg, Virginia, John Cloon of Baltimore, and James Brewer, “born in Wiscasset State of New York,” who were sent to New York on the Columbia, William Taylor, master.


Title: To James Madison from John J. Murray, 2 January 1804 (Abstract)
From: Murray, John J.
To: Madison, James

2 January 1804, Glasgow. Transmits a report of U.S. trade in the district “(or so much of it as has come to my knowledge)” from 1 July to 31 Dec. 1803 and the report requested in JM’s 9 Apr. 1803 circular. Sends this by way of Liverpool as there have been no U.S. ships in his district for two months.

   RC (DNA: RG 59, CD, Glasgow, vol. 1). 1 p.; docketed by Wagner as received 24 Mar. Enclosures not found.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:491–93.


Title: To James Madison from William C. C. Claiborne and James Wilkinson, 3 January 1804
From: Claiborne, William C. C.,Wilkinson, James
To: Madison, James

Sir,
New Orleans Jany 3. 1804.
Since our Letter of the 27. ulto but little Progress has been made in the Business of the Commission. Orders have been issued, by Mr Laussat for the Delivery of the Posts of Concord, Atakapas & Opelousas, to such American Officers as have been selected for those stations, and we are waiting like Orders for the Surrender of the Post of Natchitoches on Red River and those in upper Louisiana.
Instructions have also been transmitted to us by the Prefect, directed to the several Commandants of Districts or Parishes, in lower Louisiana for them to hold their respective Commands subject to our Orders. A Part of the Barracks has been obtained for the temporary Accommodation of the Troops of the United States; but the most eligible Portion of those Buildings is still occupied by the Spanish Forces, as are also the public Storehouses & Magazines by the Arms, ammunition &c of Spain & of France. We have urged our Claim for the immediate Possession of those necessary Appendages to the military Posts, but, it seems, they cannot yet be delivered. The Arms, Ammunition, Provisions & other military Stores of the United States, remained for some Time on Board of the Schooner & Boats in which they were transported from Fort Adams, much exposed to the Weather and to consequent Injury. To avoid the entire Destruction of a Part of the Arms & Waste of Provision, the General found himself compelled to engage private Storehouses.

The Archives, public Documents &c are not delivered, but we understand the Spanish Authorities, are making Arrangements for their speedy Transfer to the French Commissioner.
Mr Salcedo the late Spanish Governor having engaged private Lodgings, previous to our Arrival in the City, found it convenient to evacuate the Government-House yesterday, and we presume that Building will be put in the Possession of the American Commissioners in two or three Days. Accept Assurances of our high Consideration.
William C. C. ClaiborneJa Wilkinson

   RC, two copies (DNA: RG 59, TP, Orleans, vol. 3). First RC in a clerk’s hand, signed by Claiborne and Wilkinson; marked “(Duplicate)”; docketed by Wagner as received 30 Jan.


Title: To James Madison from Thomas Auldjo, 3 January 1804 (Abstract)
From: Auldjo, Thomas
To: Madison, James

3 January 1804, Cowes. “I embrace the opportunity of a ship bound to the Chesapeake to inform you that our prices of grain in consequence of the late abundant crop, have declined lately so that wheat is 6/3 a 6/6—Barley 3/ a 3/3 & Oats 2/9 a 3/ Pr bushel Winchester measure. Our Wheat is heavy this year & averages 60 pounds Pr bushel. Fine flour is 44/ Pr Sack of 280 pounds or about 17/6 Str PrCt. The trade & navigation of the United States has not experienced any unusual interruption from the state of War in these parts; I may Say that fewer instances have occurred of American Ships brought into port, than heretofore. The impressing seems also to be carried on with more regard to propriety & the feelings of neutrals than last war.
“It is now said that the crisis for the invasion of this country is now approaching very fast & every thing is in readiness for a proper reception of the Enemy. A short time will prove the determined spirit of this Country.”

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

   A Winchester bushel was the standard English grain bushel and measured eight gallons. A bushel of wheat ordinarily weighed fifty-six pounds (Zupko, Dictionary of Weights and Measures for the British Isles, pp. 55–56).


Title: To James Madison from John Gavino, 4 January 1804 (Abstract)
From: Gavino, John
To: Madison, James

4 January 1804, Gibraltar. No. 139. “I have not been honord with any of yours since my last under 29: Ulto: No: 138 [not found] ⅌ the Schooner Mary Capn: Sinclair.” Lieutenant Somers in the Nautilus arrived 2 Jan. 1804 from Syracuse with dispatches from Preble for Robert Smith. Was “Extreamly mortified” to learn from Preble of the loss of the Philadelphia and the imprisonment of its officers and crew. For particulars refers JM to Preble’s dispatches to Smith, carried by midshipman Gadsden. Obtained passage for Gadsden on board the Mary, bound to Georgetown, South Carolina, which is the only U.S. vessel in port. “The Wind is now coming round to the East & they will sail imediately.”
“Yesterday arrived the Brig Argo [Argus] Capn: Hull who is under 3 days Quarantine having Waterd at Frangirola [Fuengirola] near Malaga. The accounts of Publick health from that Citty announce its entire Reestablishment.

“The Portuguese admiral is gone to anchor at Alguesiras, account the apprehentions of Warr, and the rest of the Squadron is now geting under way for Lisbon.” Adds in a postscript that he has not yet passed Simpson’s three drafts on JM.

   RC (DNA: RG 59, CD, Gibraltar, vol. 2). 3 pp.; docketed by Wagner as received 29 Mar. Printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 3:313–14.

   For the dispatches carried by Gadsden, one of which no doubt was Preble to Robert Smith, 10 Dec. 1803 (printed ibid., 3:256–60), see Preble to Smith, 17 Jan. 1804 (printed ibid., 3:337–40).

   See Simpson to JM, 15 Aug. and 6 Sept. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:312, 383).


Title: From James Madison to William Clark, 4 January 1804
From: Madison, James
To: Clark, William

Letter not found. 4 January 1804, Department of State. Acknowledged in Clark to JM, 28 June 1804 (DNA: RG 59, CD, Elberfeld, Rostock, and Lübeck, vol. 1), as containing several enclosures, which were probably JM’s standing instructions and circular letters to consuls (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 1:288–89, 2:1–4, 4:491–93). The letter no doubt informed Clark of his appointment as consul at Emden.