Title: To James Madison from James Leander Cathcart, 9 September 1803 (Abstract)
From: Cathcart, James Leander
To: Madison, James

9 September 1803, “US. frigate Adams at sea.” “In my last communication of the 30th. Ulto., I had the Honor to inform you of my departure from Leghorn on the 27th. do., on board the U.S frigate Adams, and to promise you a detail of our opperations in relation to our affairs with the Regency of Tunis, which I now have the Honor to transmit, for the information of government.…
“Friday Sept: 2nd. 1803. Anchored in Tunis bay at 6 P.M. Saturday 3d., I went on shore, At 5 A.M. and dispatched a Courier to Tunis, to inform the Bashaw of our arrival, and sent a Copy of inclosure No. 1, to Doctor Davis. I came on board at 8 A.M. While on shore the Dutch Colonel of Engineers, mentioned in my former communication, informed me, that Doctor Davis had been at the Gouletta, last Evening, when the frigate Anchored, and had told him he had seen her flag, and that she was an American. At 2 PM. Doctor Davis came on board and Dined with us: on our interrogating him respecting our situation with the Regency of Tunis, he answered, that perfect tranquility existed at this moment; that he had exerted himself considerably since he resided at Tunis; and that he was happy his efforts had been crowned with success. On my expressing an impatience to land as soon as possible, as Captain Campbell’s instructions limited him to Four lay Days at Tunis, he answered, the Bashaw had not granted permission for our landing, and that He had come to know our business, which he would explain to his Excellency, as soon as possible, in order that the desired permission might be granted. Captain Campbell presented him with a Letter from Commodore Morris, informing him of my appointment and suspending his functions; and I informed him of the motive of my errand. He seemed considerably agitated, and went on shore at 5 P.M. In the course of conversation, Captain Campbell declared, that he had no business to transact on shore, nor had He any desire to see Tunis; and that He would consequently remain on board. Doctor Davis said, the Bashaw would be displeased if the customary visit was not paid him; that He was extremely particular in the etiquette of his Court; that the Officers of all Ships of War paid his Excellency that compliment; and that it would be expected from us; that as no difficulty existed, there was nothing to be apprehended; and that He would forfeit his Life and reputation, if any impediment was placed in the way of his departure when ever He pleased. I joined in Doctor Davis’s request, believing what He said; and Capt: Campbell acquiesced, saying if He could be of any service, He would go, though much against His will.
“Sunday September 4th. Captain Campbell kept a boat on shore at the Goletta nearly all day: no news whatever was sent by Doctor Davis. We consequently were not informed of the cause which prevented our landing as customary; this however, raised some unfavourable impressions, and Captain Campbell determined that if an answer did not arrive next day by Meridian, to write to Doctor Davis upon the subject, in terms expressive of his sense of the indignity offered us, and to get under way the moment his lay days expired.
“Monday September 5th. The Drogoman came on board with a note from Doctor Davis, about 10 AM. expressing, that the Bey of Tunis offered no objection to my landing with Captain Campbell and his suite: alledged, that want of a Carriage was the cause of our detention, and that a Head-ache must plead an excuse for his not receiving us at the Gouletta.
“We landed and proceeded to Tunis, where we arrived at 3 P.M, and found Doctor Davis very well to all appearance. Permission was requested to visit the Bashaw, and granted; and the audiance was appointed next Morning, at 7 PM [sic].

“This evening, Doctor Davis expressed astonishment & chagrin at not receiving funds to answer his engagements with this Regency; and that the Secretary of State had not paid attention to his communications. I, on my part, expressed displeasure at his arrogance, and hoped He did not conceive himself empowered to make any overtures to this Regency; and that if He had made any, He might rest assured government would not ratify them: He said, that the goods which were sold at Malta, belonging to Tunisian Subjects, must be paid for; that we had no right to sell them, and visibly espoused as well then, as in every instance afterwards, the cause of the Moors against the Captors.
“Tuesday 6th. Waited upon the Bashaw, in company with Captain Campbell, Mr. Davis, and two of the Officers of the Adams: was received very politely and presented with Coffee. I delivered the Presidents Letters to the Bashaw, with literal translations in Italian: informed his Excellency, that I had some Verbal communications to make, when He would please to hear me; He desired me to make them to his Minister, when I pleased. Capt: Campbell having previously determined to go on board the next Morning, wished to take leave and asked if his Excellency had any commands. The Bashaw answered, none, only to wait his answer to the Presidents Letters. Captain Campbell said the period for his remaining at Tunis, expired next Day, and that He could not diviate from his instructions. I request you (replies the Bashaw), to wait Two Days longer, you shall have my Answer on Thursday morning precisely. In that case, (replied Captain Campbell, to oblige your Excellency,) I will wait the time you desire. We retired and waited on the Sahibtappa (ie) Prime Minister and seal bearer: was received politely—common place conversation ensued. We drank Coffee and retired, the minister having appointed the next day, at the same Hour for the discussion of the points mentioned in the Presidents Letters to the Bashaw of Tunis.
“This evening, Doctor Davis handed me enclosure No. 2, but did not hand me the Accompts therein mentioned, untill the next day: He seemed extremely anxious, that I should give him an immediate answer in Writing, and to facilitate it He said, although his Accompts were not yet made out, that He pledged me his Honor, that He had vouchers for all his expenditures. I answered, that I did not doubt it, but as I had not seen his Accompts, I could not give him my opinion upon them; and that it would be time enough to transact this business after I was acknowledged as Consul of the US, by the Bashaw of Tunis; and that I would furnish him with Five hundred Dollars upon his proffered security, provided I found it necessary. Capt: Campbell and myself particularly observed, how little his words and actions corresponded with each other, for a moment after He had wrote, that He intended to embark immediately, He inadvertently observed, that He would purchase a Carriage and Mules, and procure another Drogerman; and, in lieu of preparing himself for departure, and making out Inventories of the effects contained in the Consular House, in order to deliver it up in a proper manner, He went out to spend the Evening at a Country-seat, Two Leagues distant from Tunis, and left Capt: Campbell and myself to our own meditations.
“Wednesday 7th. Mr. Davis did not arrive at the Consular House from the Country, untill 8 A.M. We waited upon the minister at 9. He asked what language we should discourse in. I answered Italian, as I understood it best. Well then (says He), we will begin with the frigate. Have you perused the Presidents Letters? Four or Five times, answered He. Then you are informed of my instructions on that head, and consequently that point needs no further discussion. What have you to offer that will be pleasing to the Bashaw? A mark of the Presidents esteem, which is calculated to perpetuate the good understanding which so happily exists between our Nations, upon a basis permanent and unequivocal. The President viewing with some regret that other Nations enjoy previledges by Treaty with this Regency, which are refused to the Citizens of the US, has ordered me to offer the Bashaw of Tunis, the sum of 24,000 milled Dollars payable every Three Years, to commence from the date of the agreement, in order to induce him to make some alterations in our Treaty, of which, that of most consequence, is to reduce the duties paid by Citizens of the U.S. to the standard of other Nations (ie) 3 ⅌ Cent Advalorem; for you must be sensible, that the unequality of duties militates equally against both parties, by your exacting 10 ⅌ Cent from Citizens of the US, while other Nations pay only Three. You give them the advantage of underselling us, 7 ⅌ Cent; consequently you exclude our Vessels from your ports, and in lieu of encreasing your Revenue, you prevent us from trading with you.
“He paused a few moments, and said, He would inform the Bashaw of my proposals, and bring me his answer.
“In half an Hour the minister returned, and declared, that his master (the Bashaw) had ordered him to inform me, that He had not demanded an Annuity; that He had demanded a Frigate, because He knew we had given one to another of our Friends; that He did not want Cash; that Denmark, Sweeden and other Nations gave him presents occasionally, of Maratime and Military Stores; that He treated all His friends alike, and hoped the President of America would do the same. And then, by way of interrogation, asked with a smile, pray what do you pay a Year to Algiers? I pleaded ignorance and the Minister continued, I likewise am ordered by my master to inform you, that, as his policy is peace, He cannot receive you as Consul resident in this Regency, you having been the cause of the War with Tripoli. He has wrote to the President of the United States on the subject, and will await his answer; during which time, He desires me to inform you, that the American flag shall be treated with respect; and that He appoints Mr. George Davis to remain in the same situation, that Commodore Morris left him, untill the will of the President is known. You may call for the Bashaw’s Letters in the Morning, at 8 O’Clock.
“Give me leave to ask you a few questions before we part, said I? Speak, answered the minister. We will suppose, that I am this moment in the exercise of the functions of my Office, as American Consul at this Court, and his Excellency should peremptorily demand that I shoul[d] Annul the existing Treaty, and form a new one, for which must be paid a large Sum of Money, and to perpetuate it, an Annuity, what do you imagine would be the result, if, after my offering a gratuity to write to the President of the United States, and to await his Answer, He should still persist in such unjust demands? I dont know, Answered the Minister. Why, inevitable War: and that was my situation at Tripoli. The Bashaw of Tripoli has wrote very differently to my Master; probably He has, and your Master is deceived. Consul, continued the Minister, with emphasis, my master has nothing against you, He wants a man that has never been in Barbary; you are a new nation with respect to us: you cant expect all the previledges that older Nations enjoy, though we granted you one. What was that? Why formerly only the English and French were permited to wear their flags on their Houses: all other Nations were only permited to wear pendants; they conceived it an indignity, gave us presents and gained their point; but we never asked you for any thing for such permission. Everything will be arranged in time, but the opportunity is unfavourable, my Master has long expected a Frigate. I conceiving that argument or remonstrance would be entirely thrown away, as the Bashaw had taken his position, from which, it is not very probable, He would swerve for any thing, I had power to say to him, and seems determined to have the frigate, and a Man to represent the United States, entirely unacquainted with the intrigues of the Barbary Courts; who, He supposes, will not be so liable to place obstacles in the way of his gradually establishing the Regency of Tunis exactly on the same footing as the Regency of Algiers, in relation to foreign Nations, which his measures unequivocally declare to be his intentions, I took leave of the Minister without farther comment, and promised to call and take leave of the Bashaw and receive his Letters for the President of the United States, in the Morning.
“On our return from the Palace, Mr. Davis renewed the conversation relative to the prize goods, deplored His situation, and seemed to insist that I would advance him funds to a considerable amount to answer His engagements. I told him candidly, that I had no funds at my disposal; and as He had particular orders not to enter into any contract with this Regency, whatever, He might relieve himself from any embarrasment He might labour under, in consequence of claims being made on Him; by immediately returning with me to the Palace, and inform the Bashaw that His functions were suspended, which, originally, only extended to signing passports and routine of duty in the Chancery of the United States at Tunis. He said He would do no such thing; and that he viewed His situation in a very different light, and knew how far His powers extended, as well as I could tell him. This confirmed me in the suspicion before formed, that He was playing a double rôle. I accordingly, before Capt: Campbell, repeated the above conversation; He answered exactly as before, that He would not inform the Bashaw, that His functions were suspended; that He viewed His situation in a very different point of view; and that He knew how far His powers extended, as well as I did: that He was formerly entrusted with Public Money to a considerable Amount, and He did not know the reason why I would not place the same confidence in Him. I answered, the reason is simply this—Cash, I have none; and I have no orders to give you a credit.
“The American Drogoman brought a message from the Bashaw to Capt: Campbell, informing Him, that He had determined not to receive me as Consul of the United States, for reasons which He would inform the President; that His Excellency had appointed Mr. Davis to remain until answers came to the Bashaws Letters, which he would be ready to deliver in the Morning.
“Mr. Davis now assumed an air of imperiosity and menace. He said He would not wonder if Captain Campbell should be detained untill Hadgi Unis ben Unis was satisfied for the claims made by the Moors for prize goods sold at Malta; and asked me whether I would assume the debt or not. I informed Him, that I conceived this affair to depend entirely upon the Commodore of the Station; and that neither himself nor me had any thing at all to do with it, that had I been received as Consul, all I could have done, would have been to Write to Commodore Morris, and await His orders on the subject; that, in the present situation of affairs, I did not conceive myself justifiable in interfering, either pro or con. Hadgi Unis ben Unis and Secretary called at 5. PM. and exhibited the claim: I refused interfering and asked Him the Amount. He said, between 6 & 7 Thousand Scudi of Malta. I observed, that the error in the first instance was made by Him, for had Commodore Morris’s order to the officer who held the goods at Malta been endorsed in a proper manner, the goods would not have been sold, but immediately delivered up. Mr. Davis espoused the cause of Hadgi Unis ben Unis, and said the things were sold before the order arrived at Malta; that it was a great shame to sell property which did not belong to us; and that it must be paid for. Hadgi Unis said He would call in the Evening to Know our determination. I informed Him, He might save himself the trouble, as I had already determined to have nothing at all to do with the affair. I now observed to Doctor Davis, that it seemed extraordinary, that He should espouse the cause of the Moors against the very man who placed him in His present situation; and expressed my concern, that such conduct tended to cause the detention of Capt: Campbell, in a similar manner as Commodore Morris was detained last March. He answered as before, that the Moors must be paid, and that He would sooner see every thing held dear to the United States detained, than be obliged to remain under his present embarrasment. Capt. Campbell, who was present during the whole of this conversation, observed, as well as myself, that Mr. Davis made use of very improper Language before officers bearing Commissions under the United States. He answered, He was an Officer as well as we, and requested Captain Campbell to walk into His office.
“Doctor Davis requested Captain Campbell to sign a Certificate specifying that He had asked me either to assume the debt or to give him funds to do it himself. He answered, He would; but desired him to observe, that this demand was made in the Consular House, for had He made us acquainted that any difficulty existed, He (Capt: Campbell) would not have left his Ship, upon any consideration whatever.
“Capt: Campbell informs me (for I was not in the office myself) that Mr. Davis told Him candidly, that He was apprehensive, that He would be detained untill Hadgi Unis ben Unis was satisfied. Capt: Campbell answered, He may keep me to all Eternity; but the Ship Sails to-morrow; and I will write home for government never to pay the debt: I will remain here for ever, before I suffer such indignity to be offered with impunity; and you will please to observe, Sir, for your government, that by my being detained one moment, your reputation will be blasted to the end of time; and will reflect no Honor on the person who placed you here. Doctor Davis seemed to feel the weight of those observations and said He would endeavor to prevent His detention at any risque; and observed that the spanish Consul would advance Him Ten Thousand Dollars in a moment, if He desired it. He went out with His Drogoman, considerably agitated; and His Secretary presented me with an Accompt of disbursements, Amounting to $2,011. I looked over it, and returned it to him. He informed me that Andrea Poggia secretary to Hadgi Unis ben Unis had brought in an Accompt of claims wrote in Italian and Arabic, to the Amount of 12,000 Scudi of Malta. I asked Him for a Copy of it. He said He must ask permission from Mr. Davis, who did not return untill late. I therefore did not get it. I observed to the Secretary, that it was something singular, that Hadgi Unis ben Unis should inform me this Afternoon, that His demands Amounted only to between 6. & 7000 Scudi of Malta; and that now He should send in a Claim for 12,000 Scudi of Malta, nearly double His first demand.

“Thursday 8th. This morning, Captain Campbell, Mr. Davis and myself proceeded towards the Palace, in order to take leave of the Bashaw; while in the carriage, I asked Doctor Davis if He had settled with Hadgi Unis ben Unis. He said He had not yet. Captain Campbell then repeated nearly what He had said in the Office, and positively assured Mr. Davis, that He had already sent an order for to get the Ship under Way; and that if He was detained one moment, she should sail without Him. We waited at the Palace untill the Arrival of Hadgi Unis ben Unis: was received by the Bashaw, in the Hall of Justice, drank Coffee and passed the customary compliments. Hadgi Unis ben Unis presented a very long list in Arabic; which, He said, was the Note of the things, claimed by the Tunisian claimants, many of whom were present. Doctor Davis answered without hesitation, or asking their value, that He would write to Malta and have all the things returned, that were not sold; and that He would pay for the rest as soon as possible; at which, the claimants seemed perfectly satisfied. During the whole transaction, Captain Campbell nor myself were not asked one question, nor did we, in the least interfere.
“We stood up to take leave; the Bashaw presented me his Letter for the President, enclosure No. 3. I took Him by the Hand and pronounced in the Turkish Language, I am sorry your Excellency has been induced by the false insinuations of the Enemis of my Country to convert the representative of a far distant and friendly nation to the necessity of becoming a Courier: this is an indignity as unexpected by me, as it is unfriendly to my Country, and disrespectful to the President. Consul (answered the Bashaw) I mean no disrespect to you or your Nation; political reasons prevent me from receiving you: I have wrote to the President on the subject: I want a man that is not known in the other parts of Barbary. I wished Him prosperity; and He returned the compliment, by wishing me a good Voyage.
“We returned to the Consular House; and being determined to go on board immediately after surmounting some little difficulties placed in the way of our procuring a Vehicle &c. We arrived at the Goletta about 3 o’Clock; found the Ship under sail, and the Boat waiting for us; We embarked immediately: Mr. Davis, His Secretary and Drogoman came on board with us; He wrote some Letters; and I gave the Drogoman a Letter to present to the Bashaw, in the Morning (see enclosure No. 4.) desiring him at His peril, not to neglect delivering it as soon as possible. I then informed Mr. Davis, that, for particular reasons, I had forebore giving Him written instructions: that He must consider those He received from Commodore Morris to be in force; but that He was prohibited from entering into any contract upon the part of the U. S.; and that government nor their Agents would not conceive themselves bound to ratify any Agreement that He might make: and further requested Him, that if any demands was made upon us to immediately inform the Commander of the Squadron and myself, or which ever was nearest to His place of residence. He answered, He did not care any thing about what I said to him, and went on Shore at 6. PM. At 9½ PM. the boat came on board, and Captain Campbell made sail, leaving the abode of happiness, without much regret.
“My reason for not suspending Mr. Davis’s functions while on Shore was to prevent Captain Campbell from being detained; had I informed the Bashaw that any contract entered into by Mr. Davis was non-valid, He having no power whatever vested in him, but positively was instructed by Commodore Morris to the contrary, the Bashaw would immediately have said, well then, We will detain the Captain, untill the claims made by the Moors are satisfied. I therefore thought it most prudent to wait untill We got on board, and then to Write to the Bashaw, in order that the U.S may be exonorated from the acts of this infatuated young man.
“To what a degrading situation are We reduced! The Commanders of the very Squadron which is sent out to preserve the Honor of our Nation and dignity of our Flag cannot land as the Officers of all other Nations do, and depart unmolested; but have twice, in the small period of Six Months been subjected to arrest; and at this moment it would be the heighth of imprudence to land at Tunis, as certain arrest may be imprisonment, would be the consequence. What an insignificant character do We appear in to the Agents of all Europe, who will not fail to represent our transactions to their respective Courts; if these Acts are permitted to be practised with impunity. Is this the National character We hoped to establish in those Seas? I hope not: everything dear to us as a Nation, forbid it. May we not hope that the period is not far distant, when those grievances will be redressed in the amplest manner: And may I not hope, sir, that you will be a principle Agent in avenging your Country’s wrongs. In this hope, I continue to vegetate untill I am informed of the Presidents pleasure; & rest assured, Sir, that whatever task may be assigned me, however difficult, shall be executed with fidelity. In the lively hope, that my inadequate exertions will continue to merit, as it has heretofore met my Country’s approbation.”

   RC and enclosures (DNA: RG 59, CD, Tripoli, vol. 2). RC 24 pp.; docketed by Wagner. At the bottom of this letter is an attestation by Hugh Campbell: “I do certify that the above detail of our operations at Tunis is a true statement of facts, which either happen’d in my presence or came immediately to my personal knowledge; except only, the purport of the audience at the Pallace on Wednesday the 7th of September 1803 at which I was not present.” For enclosures, see nn. 1 and 3–6.

   Enclosure no. 1 is a copy of Cathcart to George Davis, 3 Sept. 1803 (1 p.), requesting that Davis arrange for Cathcart to have an audience with the bey as soon as possible.

   For Jefferson’s letters to Hammuda Bey, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:496 n. 4.

   Enclosure no. 2 is a copy of Davis to Cathcart, 6 Sept. 1803 (1 p.), submitting his accounts for inspection and requesting a quarter’s salary to enable him to return to the U.S. Davis added: “I have also to request, that you will declare to me the state of my Accounts as well as of my Public transactions &c, since being charged with these Affairs—most of which, you have been made acquainted with.”

   Letter not found. Cathcart noted, between enclosures 2 and 4, that “Inclosure No. 3, is the Bashaws Answer to the Presidents Letter, which is sealed.”

   Enclosure no. 4 is a copy of Cathcart to the bey of Tunis, 8 Sept. 1803 (2 pp.), informing the bey that George Davis’s functions had been suspended and that the U.S. and its agents “consider themselves by no means bound to fullfill any contract public or private made by said George Davis.”

   Cathcart also enclosed a copy of a circular letter signed by himself and Campbell, 19 Sept. 1803 (1 p.), warning the American squadron to avoid landing at Tunis until Davis had settled the claim for prize goods.


Title: To James Madison from John Gavino, 9 September 1803 (Abstract)
From: Gavino, John
To: Madison, James

9 September 1803, Gibraltar. No. 131. Enclosed in his no. 130 was a copy of Bainbridge to Simpson, reporting the capture of the Moroccan ship Mirboka (22 guns) and the retaking of the American brig Celia, Captain Dervin. “I sent Mr: Simpson Capn: Baimbridges Letter by an Express Boat who reachd him 18 hours before any other account got there.” Has learned that Simpson was confined one night by Governor Hashash “and released next day under Bail of all the Consuls.” Encloses dispatches from Simpson. “Hashash denies having given any orders to Capture American Vessels but Capn: Baimbridge told me he had Possession of them.” Bainbridge anchored at Gibraltar with the two other ships on 1 Sept., “remaind about 3 hours and went to Explore the Western Coast,” searching for the 32-gun ship. On his arrival Bainbridge was quarantined. Received a message from Sir Thomas Trigge, the commander of Gibraltar, “expressing his wish that the Prize &ca: might be removed from this Port, being apprehensive the Emperour of Morrocco might Suspend the supplys of Provisions coming to this Fortress.” “After several Conferences and my producing the 23d: & 25: Articles of the Treaty it was settled that Evening that the Philadelphia & Celia should be admitted next Morning” and that the Mirboka should remain three or four days in quarantine. Applied for the Mirboka’s admittance after the period had elapsed and received a letter from Trigge admitting the ship. Encloses a copy of this letter and of his reply. “The Celia is released and ready to proceed on her Voyage.” It has been “hinted” to him that, should war break out between the U.S. and Morocco, the use of Gibraltar as a rendezvous for U.S. warships would be “a matter of Consideration in the present Critical times as the Garrison is Supplied” from Morocco. Believes “some application should be made to … Great Britain for the necessary orders being sent the Commander of this Garrison on the subject.” Has “received no late Accounts of our Ships of Warr to the East.”

   RC and enclosures (DNA: RG 59, CD, Gibraltar, vol. 2). RC 4 pp.; docketed by Wagner as received 7 Nov. For surviving enclosures (docketed by Wagner), see n. 3.

   Gavino to JM, 1 Sept. 1803.

   Article 23 of the Jay treaty between Great Britain and the U.S. required that warships of each of the two countries be “hospitably received in the Ports of the other.” Article 25 made it “lawful for the Ships of war and Privateers belonging to” Great Britain and the U.S. “to carry whithersoever they please the Ships and Goods taken from their Enemies” without paying admiralty fees, being “detained or seized,” or submitting to the judgment of an admiralty court (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:261, 262).

   Enclosed are copies of Trigge to Gavino, 6 Sept. 1803 (1 p.; 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)., 3:21–22), admitting the Mirboka to pratique on the condition that Gavino ensure “that it is not intended to Sell, or in any manner to dispose of the ship or any part of her stores in this Port,” and Gavino to Trigge, 6 Sept. 1803 (1 p.; printed ibid., 3:22), refusing to accept Trigge’s condition. Though convinced that the ship and cargo would not be sold, Gavino refused “to enter into stipulations of the kind” and requested the ship’s admittance without reservation.

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


Title: To James Madison from Robert R. Livingston, 9 September 1803
From: Livingston, Robert R.
To: Madison, James

Letter not found. 9 September 1803. Calendared as a three-page letter in the lists probably made by Peter Force (DLC, series 7, container 2).


Title: To James Madison from Elisha Hale, 10 September 1803
From: Hale, Elisha
To: Madison, James

Sir,
Glastenbury State of Connecticut September 10th 1803
I take the liberty to trouble you with the enclosed statement of a case, relative to money & some merchandize seized by the Collector of the Customhouse at Cadiz in Spain the last year, on board the American Ship Columbia of Glastenbury, (State of Connecticut) Saml. Smith master owned by myself; & which by information is actually condemned.
Notwithstanding the Convention made by Mr. Pinckney the last summer for the appointment of a Board of Commissioners to settle claims between the two Countries, was not ratified; still it may not be improper to suppose that Mr. Pinckney, together with Colo. Munroe, is charged further to negociate; & that the issue of their exertions will finally produce commissioners for that purpose, Consequently my chief motive in addressing you is, that you will please forward to Mr. Pinckney at Madrid, the statement enclosed, & that it may be on file in his office, & be considered as a claim, to come if possible before any commissioners that may at any time set at Madrid or elsewhere, provided there is no appeal to be had in any Spanish Tribunal, that can be made by Mr. Anthony Terry vice Consul at Cadiz who is my agent, & to whom I shall write to forward to Madrid authenticated documents of the Cause so far as acted upon there—from the inocence of the Case I am principally induced to make my claim through your Office, that it may be thereby strengthened & supported; I hope that it will not be much to your inconvenience to pass it in the regular & general form, under all the advantages in your power to Madrid. I am Sir with much respect, your Obedient & humble servant,
Elisha Hale

   RC and enclosure (DNA: RG 76, Preliminary Inventory 177, entry 322, Miscellaneous Records, ca. 1801–24, box 4, folder “Spanish Claims: 1819, No. 23. Ship Columbia, Samuel Smith, Master, Env. 4”). Docketed by Wagner as received 20 Sept. For enclosure, see n. 1.

   The enclosed statement (5 pp.; docketed by Wagner) described Hale’s claim for $1,576 and “sundry small articles” worth another $250, seized from the Columbia in Cádiz harbor on 21 Aug. 1802 and “condemned for a breach of the Revenue laws of Spain.”


Title: From James Madison to Peder Pedersen, 10 September 1803 (Abstract)
From: Madison, James
To: Pedersen, Peder

10 September 1803, Virginia. Has received his letters of 19 and 30 Aug. “The President proposes to be at the seat of Government about the 25th. of the current month; and I have the honor to inform you, that in pursuence to the explanation and request of Mr. Olsen previous to his departure, you will be recognized in the functions with which you are charged.”

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


Title: From James Madison to Thomas Jefferson, 11 September 1803
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Sepr. 11. 1803
I have recd the letters sent me by the last mail under two covers, and return those belonging to your own files. I inclose herewith also the communications last recd from the office of State. I can not without losing the present opportunity make comments on any of them. A few only invite them. Yours with respectful attacht.
James Madison
Docr. Wallace in whose behalf the letters from Mr. Brent & Mr Thomson were written is with me, and proposes I find to wait on you with a letter from Mr. Wythe, who it seems is his kinsman. I have stated to him the relation of Dr. Bache to the object of his pursuit.

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 12 Sept.

   For James Westwood Wallace, see Richard Brent to JM, 11 Aug. 1803. For the two letters recommending Wallace for the medical post at New Orleans to which William Bache had been appointed, see George Wythe to Jefferson, 31 Aug. 1803, and Philip R. Thompson to Jefferson, 10 Sept. 1803 (DNA: RG 59, LAR, 1801–9, filed under “Wallace”).


Title: To James Madison from James Lewis, 11 September 1803
From: Lewis, James
To: Madison, James

Dear Sir,
Albemarle County Septr. 11th. 1803
I see [sic] mr. Joseph Jones some few days ago and was making some Enquiry of him about some furniture &c belonging to Colo Monroe in Richmond he informed me you were to have as many of the things there as you wanted that you had Recd. some & were willing to take others provided you could get them but the things being left in care of Mr Coleman & he not living in Town you had directed waggons to call & had been disapointed; if you will send me a list of such things as you want I will write mr Coleman to have them stored away with some person in Richmond where you may get them on application by Letter & have them forwarded by the Return of some waggon from your neighbourhood; the Ballance of the things I shall have Brought up to Colo Monroes own place. I called at the Presidents to see you but you had left that the day before Mr. Jones also Informed me that it was probable you would Settle with Mr Mcgehee a debt due from Colo Monroe to him for his Services as an Overseer. That is a debt I wish paid verry much and one that Colo Monroe has wrote me about since he Left this place. I Expect mr Mcgehee would be verry much pleased to have your asst. to pay it some short time hence.

The debt as stated by mr Mcgehee which I Expect is

£  s d

correct is as Follows one years Service

55. 0. 0

£  s d

that he Recd. an order on Henderson

7. 8. 10

& cash at Richmond

 6. 0. 0

13. 8.10

 13 8 10

£41.11. 2
Leaving a Ballance in his favour of Forty one pound Eleven Shillings & Two pence. I should not have presumed to have mentioned your paying this debt had it not Been Sugested by your Self to Mr Jones as I understood him but if it can be done with perfect convenience to your Self it will be pleasing to Mr Mcgehee & my self. I am with Sentiments of Respect yours
Jas. Lewis

   RC (DLC). Addressed to JM at Orange “care of Mr. R. Mcgehee.”

   Richard McGee of Louisa County was engaged by JM as overseer for one of Monroe’s plantations (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)., 17:407, 408 n. 1).


Title: To James Madison from Robert C. Gardiner, 11 September 1803 (Abstract)
From: Gardiner, Robert C.
To: Madison, James

11 September 1803, Gothenburg. The packet carrying his letter of 29 Aug. being detained, adds “such information as I have this moment [been] favourd by.” Sweden and Great Britain are negotiating a new treaty. Believes Russia will also ally itself with Great Britain “or remain Neutral dureing the present contest.” “Germany is very much affected” by the Elbe blockade; “there grievances stated in the public gazetts are of a menacious nature and the result … we apprehend will be of serious importance.” Has obtained a tally of the “anual exports from this port to forreign parts,” including iron, steel, nails, alum, rock moss, herring (both salted and smoked), herring oil, tar and pitch, planking, and East India goods, such as powder, copper, and cordage. “An ordinance passed in April Ultimo opperates rigidly on the Americans trading here, I got [it] repeal’d by and through the assistance of Lord Ruth of Stockholm of his Majestys Counsel.” Promises to “be indefatigable in promoteing a peaceful understanding between the two Nations.”

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

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


Title: To James Madison from Fulwar Skipwith, 11 September 1803
From: Skipwith, Fulwar
To: Madison, James

Letter not found. 11 September 1803. Calendared as a three-page letter in the lists probably made by Peter Force (DLC, series 7, container 2).


Title: From James Madison to Thomas Jefferson, 12 September 1803
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Monday Sepr. 12. 1803
I recd. last night the inclosed letter from Yrujo. Mr. Wagner informs me that a copy was sent directly to you by the same mail, but as a further security for your receivg. the communication without delay, I take advantage of the present oppy. of forwarding the original. It is a curious circumstance that near three months after the sale of Louisiana, the French ambasr. should have given the assurance stated. Still it was not to be expected that Spain would have undertaken to enter such a caveat. If it could be supposed the result of a secret understanding with France or even with G. B. the incident would take a very serious aspect; but as a collusion on the subject with either is highly improbable, the step seems most readily explained, by supposing it the offspring of a wish in Spain to make a merit or obtain a price for her consent, and to contest with more advantage the extension of Louisina. to the limits she must be aware that we have in view. As Mr. Pinkney will doubtless have recd. the notice now communicated here, and have transmitted it to Paris, we may presume that our Minister there will have called on the French Govt to prevent any obstruction to the fulfillment of the Treaty on its part. It will notwithstanding be proper to transmit the communication of Yrujo to both. It is to be considered also whether any & what, reply to Yrujo, and what intimations to Pichon, may be proper in the mean time. Perhaps, as the return to Washington is drawing so nigh it may be as well to wait for that oppy. of communicating with the latter; and for the same reason as well as in expectation of soon learning more on the subject, to postpone the observations due to the note of the former. Your instructions will decide those points. Whatever may be the views of Spain, there will be no difficulty, if she stands alone, and above all if she opposes the views of France, in going thro’ with our own purposes.
I inclose also a letter & papers from Forbes, increasing the pile of wrongs to be brought into our remonstrance to the British Govt. on the subject of impressments. Yrs. with respectful attachment
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 12 Sept.

   Yrujo to JM, 4 Sept. 1803.

   JM seems to have misread Yrujo’s letter (see n. 1, above): it was in July 1802, nine months before the sale of Louisiana to the U.S., that the French ambassador gave his assurance that Louisiana would not be alienated.

   In his letter to JM of 18 July 1803 Pinckney noted a discussion with Cevallos in which the Spanish secretary of state had declared illegal the cession of Louisiana to the U.S.

   John M. Forbes to JM, 13 June 1803.


Title: To James Madison from Thomas Newton, Jr., 12 September 1803
From: Newton, Thomas
To: Madison, James

Dr Sir
Suffolk Septer 12. 1803
I now do myself the pleasure to acknowledge the receipt of yr favor. I will endeavor to procure the best Cyder. My father says he has no more wine of the same batch of which you had some, but requests me to inform you that he has Brazil wine in hdds of an excellent quality such he can recommend. Should you wish to have a hdd: please to inform me and give directions when it is to sent [sic] & to whom. I am Sorry to say that the British Ships of War Continue to impress our Seamen. I forbear to mention any thing relative to this Subject—as I shall soon have the pleasure of seeing you in Washington. Our Town continues healthy as yet—to morrow I shall return home. I remain with sentiments of estee⟨m⟩ & regard Yr. obt Sert
Tho: Newton Jr

   RC (DLC). Docketed by JM.

   JM to Newton, 5 Aug. 1803.


Title: To James Madison from Richard Taylor, Sr., 12 September 1803
From: Taylor, Richard, Sr.
To: Madison, James

Dear Sir
Jefferson County, near Middle Town Septbr. 12th. 1803
Mr. New who is Naval Officer & Collector at the Port of Louis Ville Falls of Ohio, was at my house a few days ago, informed me that he Should apply for the Collectors place at Orleans, Should he Succeed in that, or any other appointment, I offer myself as his Successor, and beg leave Sir to ask you to make my application known to his Excelency the President, but Should those places not Come vacant, and any office of any kind, that I Could fill with the assistance of my Son Richd. or Colby, as my Deputy—that is an object likely to be worth Something, I have not the least doubt but my Son Richd. would soon acquire knoledge Suffetient to do the business of the office, he has lived Several years with Merchants in Norfolk, and LouisVille, he has been once down to Orleans with a merchant, and round back by the way of New York. All my Children alive have been maried, and my doing Something for each, it has reduced my propirty to a small profit, I Should be very glad to get some publick office of moderate emolument, & the duty of which not very intricate, So as I Could discharge the duty of, with Credit and ease, you will I presume Say that one Foible I possest, aught to be done away, before it would be prudent to trust any publick post or office to me, I am perfectly Sensible from experience that the long habit in drinking to excess render’d me less Capable of doing my duty, as I aught to have done, which on reflection, hurt my feelings as it hurt my Consequence, you may be assurd Sir I have quitted that dissipation, I have not drank one Quart of ardent Spirits for near twelve months put it all together, of that little it was in way of Safety against the Colick, nor have I the least desire to drink, although I Seldom See a day but I am in Company where Spirits is drank, I drink Wine & water, Beer, & Syder Sometimes, I am Satisfyed within my own breast, that I dont want for resolution and fortitude to refrain from any thing I undertake. I have not the least Inclination to drink any kind of ardent Spirits, nor do I believe I ever Shall—My old obstinate wound has been very troublesome to me for Some years past, it has been opened four different Summers—it has been near two years Since it was last laid open by the Surgeant, and it has Continued to discharge a little ever Since, but it is very little. I Dont know but it may be of Service, as I think I enjoy as good, if not better health than I have for ten years past, I expect you will See Mr. New at the meeting of Congress as he told me he Should leave this Quarter about the 1st. of Next month, I believe his expectations is very Sangueane, as it is thought by Some that his Father has great influence in Congress. I have taken the liberty to write to you on this Subject, I allow your oppinion on it to be So far Superior to mine, that I Chearfully acquiesce in yr. desetion, let that be what it will, your good Sense will guard you from Sencure on my account, as this world has enough of it, I expect the President has known me in almost every Station of my life Since the Commencement of the revolution war—in all my various Stations, the Continental revenue Cutters Command hurt me, the perpetual throng of Gentlemen from Various parts of the Southern States, with the Norfolk, Richmond, Fredericksburg &c &c gentry, of hard drinkers—I found in my own breast I must neglect my duty or be duped a Chirl—that disapated round of life also was hurting my Constitution fast, that I did not Value So much as my Character, So I thought it most prudent to resighn my Commishion. I will thank you to acknoledge the rect. of this, by a few lines—the fate be what it will I Shall be Satisfy’d. I am with the greatest Esteem your Most Obedt. &c &c
Richd. Taylor Senr.

   RC (ViU). Docketed by JM.

   Jefferson appointed Robert Anderson New collector and inspector of revenue for Louisville, Kentucky, on 11 Jan. 1803 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:433).

   Richard Taylor, Sr. (1749–1825), a first cousin of JM’s father, served in the Virginia state navy during the American Revolution and rose to the rank of commodore. He moved to Kentucky in 1794, settling lands granted to him for his Revolutionary service (PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (4 vols. to date; Charlottesville, Va., 1984–)., 2:4 n. 4).


Title: To James Madison from James Monroe, 13 September 1803
From: Monroe, James
To: Madison, James

London 13 September 1803
Mr. Merry will have the pleasure to present you this, in whose favor an introduction from me is unnecessary. His official character will place him in such a relation with you as to honor him your polite attention.… The good disposition with which he goes out, towards our country, and the amiable character of himself & Lady, justify a belief that yourself & Mrs. Madison will find them an agreeable addition to your society at Washington.

   Printed copy (Parke-Bernet Catalogue No. 272 [2–4 Apr. 1941], item 476).


Title: To James Madison from Fulwar Skipwith, 13 September 1803
From: Skipwith, Fulwar
To: Madison, James

Sir
Paris 13th. Sept. 1803
With this I have the honor of forwarding a Copy of my last letter to you of the 24th. Ulto. Mr. Livinston has since returned to Paris, and of course it becomes less necessary for me to continue my communications with you respecting most of the public concerns between our Government and this. My situation however, in relation to the late Convention & the business of our Countrymens claims, suggests to me the propriety of furnishing your Department with every information in my power of the state & progress of both.
As mentioned in my last a considerable portion of the claims had been prepared and were before our Board, composed then of two of the Commissioners, who were waiting Mr. Livingstons arrival to begin to issue their awards. Mr. McClure, the third Commissioner, soon afterwards arrived from London, and in his first conference with his Colleagues convinced them of the necessity of waiting to hear of the exchange of ratifications of the Treaties, before they should act definitively on the Subject of Claims. This delay the Board have resolved, on the ground that the Convention itself is nothing untill both Houses of Congress as well as the President shall have acted upon it, and in truth I think this has always been a prominent principle with the present republican majority in the U. S.; at least it was in the discussion of Mr. Jays Treaty. Our minister thinks differently from the Board, in as much as having accepted of their appointments provisionally from him & Mr. Monroe, & having organized themselves into a Commission, they are bound to proceed in the execution of the Convention.
There is one other consideration, which appears to have, perhaps, still greater weight in deciding the Gentlemen of the Board to delay their final decissions. The Convention they deem imperfect in many of its parts, contradictory in some others, and no where, as sufficiently explanatory of the principles, which according to either equity or policy ought to govern them. If they execute with rigor the 4th. Art. of that Convention, they will be compelled to exclude three descriptions of Claims that certainly the Envoys never intended should be excluded, namely freights, Indemnities, & property put in requisition. A question arises also, whether by the exception contained in the 5th. Art concerning Citizens of the U. S., who shall have established Houses of Commerce in Europe in partnership with Foreigners, is not excepted also from the benefit of the Convention, each individual Citizen, who by the nature of his establishment, though upon his own account singly, ought to be regarded as a domiciliated merchant of the Country in which such establishment may be. My own Reports in such cases are with my fixed opinion in the affirmative, but on this point it is more than possible a majority of the Board may decide differently. By a clause in the 5th. Art. likewise it appears evident to me that no claim ought to be admitted to the benefit of the Convention that originated in any act on the part of the first Claimant contrary to the laws or Treaties of the U. S.—this is a point which I apprehend may give us all some trouble with the french Government, who I fear will be disposed to support the pretentions of some of our Citizens, who have violated in the transactions of their Claims both the Treaties & the laws of their Country.
In fact the Board is waiting & will probably wait for some time longer in the hope of knowing the sense of our Government on the construction to be given to the Convention. They are apprehensive, & with some reason, of the Claims exceeding the 20 millions allowed by that Convention. Many claims are coming forward from the U. S. which were not possible for me to forsee, when I furnished Mr. Monroe & Mr. Livingston with a general statement thereof. I have lately furnished the Board with another statement, comprehending all Claims, known to the present day at my office & at the french Bureauxs, its amount including the Claim on the Bordeaux embargo is little short of 20 Millions Principal; the medium of Interest thereon may be reckoned at 7 years, or 42 per Ct. But the french Liquidator has agreed with me on several deductions, of either fraudulent or intirely unfounded claims, to the amount of three millions of Livres, and if the 5th. Art. of the Convention should be executed as I think it ought to be, there will result a deduction of at least 3 millions more; so that this last statement will be still covered by the 20 millions. There still remains the prize cases provided for by the above mentioned Art. & such claims as may yet come forward from the U. S.—these last I am of opinion cannot be considerable; nor will the prize cases prove of any magnitude since the qualifications & conditions necessary to their admission will cause those to be paid by the Captors, where the Captors are able, while others cannot be expected to be in a situation to claim before the expiration of the 12 months allowed by the Convention for the presentation of claims. With great respect I have the honor, Sir, to remain Your mo Ob Servt.
Fulwar Skipwith

   RC (DNA: RG 59, CD, Paris, vol. 1). Docketed by Wagner.

   A convention was signed on 30 Apr. 1803 between France and the U.S. providing for the payment of claims made by American citizens against France (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:516–28). For Skipwith’s appointment as agent to the board of commissioners under this convention, see Livingston and Monroe to JM, 12 July 1803.

   Article 4 of the convention limited the claims to those due to U.S. citizens “who have been and are yet creditors of France for Supplies for embargoes and prizes made at Sea” and whose claims had been lodged as required by the Convention of 1800 (ibid., 2:518).

   Article 5 stated in part that the benefit of the convention was not to be extended to “American citizens who Shall have established houses of Commerce in France, England or other countries than the United States in partnership with foreigners, and who by that reason and the nature of their commerce ought to be regarded as domiciliated in the places where Such houses exist” (ibid., 2:519).

   Article 5 also specified that the creditors must “have a right to the protection of the United States” for the debts mentioned in article 5 of the Convention of 1800 (ibid., 2:519).


Title: To James Madison from Colin and James Ross, 14 September 1803
From: Ross, Colin,Ross, James
To: Madison, James

Sir
Fredg. 14h Sept 1803
As we cannot meet your wishes respecting a purchase of your Tobacco if you will ship it to our friends in Liverpool any advance that may be wanted shall be made in this Country either in Bills or Money. Freight that will not exceed 80/ & 5/ p Ct P. Hhd which may be said to be the only charge that has advanced in consequence of the war for our last letters fr. London 16h July mention of considerable Shipments from this Country having been insur’d at 2½ p Cent. Respectfully We remain Sir Your mo. Ob. Servts
Colin & James Ross

   RC (DLC). Addressed to JM at Orange and marked “Thomas Macon Esqr.”


Title: To James Madison from William Buchanan, 15 September 1803 (Abstract)
From: Buchanan, William
To: Madison, James

15 September 1803, Île de France. Encloses “a return of the American Vessels, which have arrived at this Port from first January to the last of June” [not found]. Was furnished with the law of the last session of Congress “respecting Seamen” by Lieutenant Shaw, commander of the brigantine Pennsylvania. As a result will be able to make his returns “more compleate than heretofore.” The return indicates “that Americans are still in the habit of purchasing vessels in foreign Ports and navigating them under our flag, contrary to your instructions.” “To prevent the abuse is not in my power, as the admi[ni]stration of this Island never examine a Ship’s papers.” Believes that an application to the government on this subject would be ignored. “But should a favorable occasion present, you may be assured that nothing on my part shall be omited to induce them, to adopt measures to prevent such abuses.”

   RC (DNA: RG 59, CD, Port Louis, vol. 1). 1 p.; docketed by Wagner.

   See John J. Murray to JM, 22 June 1803, n. 1.

   John Shaw (1773–1823) entered the U.S. Navy in 1798 as a lieutenant and commanded the Enterprize in the Quasi-War with France. He next commanded the U.S. frigate George Washington on a cruise to Algiers in 1801 (see JM to Shaw, 15 July 1801 [PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 1:414]), after which he took leave from the navy and made several merchant voyages. At the time Buchanan saw him in 1803, Shaw was on a commercial voyage to Canton.

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


Title: From James Madison to Daniel Clark, 16 September 1803
From: Madison, James
To: Clark, Daniel

Sir.
Virginia. Septr. 16. 1803.
My present absence from the office of State puts it out of my power to refer to all the letters from you not yet acknowledged. The last received was of the 12th. of August. The preceeding one on the boundaries of Louisiana &c. &c. has not yet reached me. All the information you may be able to give on that subject, and on every other made interesting by the late cession from France, will be highly acceptable. You will have received an enumeration of various objects to which your attention will be particularly drawn: To these your own judgment, assisted by your local knowledge, will probably be able to make valuable additions. A letter from Govr. Claiborne, received by the same mail with yours, conveys information concurring with the opinion that the Prefect meditates obstacles to the delivery of Louisiana into our Hands. It is presumable however that so much temerity, if not secretly favored by his Government, must speedily yield to reflection, and it is not a natural supposition that the French Government should wish to embarrass or frustrate, in the midst of a war with Great Britain, a transaction, which the prospect of such a war contributed doubtless to enforce on its policy: Still it will be proper, considering the peculiarities incident to personal character & the vicissitudes incident to political affairs, that every circumstance should be marked & communicated, which may deserve attention in the arrangements to be made in so important a case. But whatever may be the real purposes of the French Prefect, there is ground to believe that Spain, either alarmed by the cession of so much Territory to the United States, or hoping to make her consent the price of concessions on their part, may be so unwise as to oppose the execution of the measure. With a view to such a posture of things, the President wishes you to watch every symtom [sic] which may shew itself, and to sound in every direction where discoveries may be most practicable, proceeding at the same time with all the caution necessary to avoid suspicion. You will please to let us know also what force Spain has in the Country, where it is posted, what are its dispositions, how the Inhabitants would act in case a force should be marched thither from the United States, and what numbers of them could be armed & actually brought into opposition to it. You will be sensible that the value of information on those points may depend much on the dispatch with which it is forwarded, and will therefore need no exortation to that effect. I am &c.
James Madison.

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

   Clark to JM, 26 July 1803.

   JM to Clark, 20 July 1803.

   Letter not found.

   For Jefferson’s instructions, see his letter to JM of 14 Sept. 1803.


Title: To James Madison from Elias Boudinot, 16 September 1803
From: Boudinot, Elias
To: Madison, James

Dr Sir
Mint of the US. 16 Septr 1803
I beg leave thro’ you, to inform the President of the United States, that a dangerous Malignant fever has again appeared in this City, which will oblige me to shut up the Mint, for a short time. I perhaps might have continued it open some little time longer, but having worked up the Bullion of every species & issued the Coin, I have no hopes in the present State of the City of any one making a fresh deposit, till the Alarm is over. We should of Course be Idle, and therefore on a plan of Oeconomy I have consented to this Measure, as a few hundred Dollars will be saved to the United States, and no loss sustained. As it will take some days to make the necessary Arrangments, if the President should disapprove the Measure, a line signifying it, will be punctually attended to. I have the honor to be with great Respect D Sir Your very Hble Sevt

   Draft (DNA: RG 104, Records of U.S. Mint, General Correspondence); letterbook copy (DNA: RG 104, Letters Sent by Director of Mint, vol. 1); letterbook copy (DNA: RG 104, Domestic Letters and Statements of Mint).

   The nearly annual appearance of yellow fever in Philadelphia had forced the temporary closure of the Mint several times before (Boyd, Elias Boudinot, pp. 235–36, 237; PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 3:459–60 n. 1).


Title: To James Madison from Robert R. Livingston, 17 September 1803
From: Livingston, Robert R.
To: Madison, James

No 83.
Dear Sir
Paris 17th. Sepr 1803
A circumstance has arisen here that has given me the most serious uneasiness because it has placed me in a very delicate situation with this Court & with Mr. Monroe, & it is impossible to act in it without incurring some serious evils unless the Treaty should be immediately ratified in which case you may suppress all that relates to it, for having made it a duty to perform no act in my public Character without a full communication of it to you, I think myself bound to submit this to your consideration.
You have been apprised that after what passed between Mr. Talleyrand & me the Treaty was opened to me by Mr. Marbois with whom I had several conferences previous to Mr. Monroes taking any share in the business. In the course of these conferences as the principal object was the reduction of the price they demanded—I proposed that if an advance of money could facilitate that object to make it to the extent of our powers. Mr. Marbois desired me not to mention it for said he, “if the Treaty should not be ratified, I may be placed in difficulties relative to restoring the money which will in that case be expended.” When after this formal powers were given to Mr. Marbois & Mr. Monroe assisted at our conferences the offer was again repeated by us both & again rejected upon the same ground. Mr. Marbois indeed proposed when we had agreed to pay in stock, that the Creditors should be paid in equal proportions with the french government, part in stocks, & part in money. To this I objected, claiming the Consuls express promise that they should be promptly paid insisting that justice and his honour required that they should be compleatly satisfied & he readily acquiesced in the sentiment & the rather as I shewed him that if the stock was put in so many hands the wants of the Creditors would force it upon the market at a reduced price to the injury of what france held as well as to that of the United States. I saw not only this evil in the proposition but a greater in the drain that France would make of our cash if at—was given to her, & the ruinous effect it would have upon the course of exchange, at the very moment that our government were making remittances to pay the Dutch Loan. I believed at the time that Mr. Monroe was of my opinion as he made no objection, but from a passage in the inclosed Letter he seems to have thought otherwise. It is for this reason only that I mention it that you may be fully possessed of the facts.
After the Treaty was concluded & ratified and the difficulties we have mentioned removed & the contract with Hope and Baring had been executed having some other business on hand I asked Mr. Monroe whether he would go without me to receive from the Minister the order for the delivery of the Country, he consented & on his return he told me that he had found Mr. Marbois with Mr. Talleyrand, & that after the business was finished, & he had received the order, he told them that to manifest his confidence in the french government he was willing to obtain for them an advance of ten millions from Hope and Baring who he did not doubt would advance the sum on our guarantee & he presumed I would agree with him in making this offer. They (the Ministers) told him they were gratified at the offer but that the first Consul would not accept it. I own that I was not much pleased that such an offer should be made without consulting me. But suppressing what I might be supposed to feel upon the occasion least I should hurt Mr. Monroe, I told him it was very well, but that I was exceedingly happy that the offer had not been accepted for a variety of reasons which suggested themselves to me & which I detailed to him. Some time after the whole business being compleatly finished & the Ratifications as I believe sent, Mr. Monroe again told me that he wished I would agree to guarantee an advance of Hope and Barings loan to the amount of ten millions. I told him that I could see no propriety in it, it had not been asked of us, but on the contrary refused when he offered it—That I considered our powers as at an end from the signature of the Treaty—that it would be considered as an aid in the operations of France against England and would therefore not only be ill received at home but was peculiarly improper in him who was going to England that it was anticipating an uncertain event the Ratification of the Treaty—That no possible good could result from it, but many possible evils—Mr. Monroe appeared to acquiesce in this reasoning & I heard no more on the subject ’till Mr. Baring came over when he entered into a Treaty for an advance & Mr. Marbois claimed a promise that Mr. Monroe had made him & in which he said he presumed I had acquiesced. By this promise he said Mr. Monroe had engaged in case at any time the Consul should require it we would make the guarantee. I was I confess very much surprized that after what had passed between Mr. Monroe & me on the subject, any further engagements should be made & more still that I was not made acquainted with them. But unwilling to show any difference of sentiment as long as it was possible to avoid it I told Mr. Marbois that I had not the law which was true, that our powers were equal in case of our seperation & that as the guarantee was to be made in England I would leave to Mr. Monroe to settle there. I at the same time informed Mr. Baring thro his agent that I doubted of our power but that if any existed, it existed as well in Mr. Monroe as in both he proposed to be satisfied with half guarantee & I accordingly so wrote to Mr. Monroe. This produced the Letter No 1 from him, my answers No. 2. In the meanwhile I have been very much pressed here, both by the Minister of the Treasury & Foreign affairs. I have waved the business as much as possible—’Till I was compelled by Letter No. 3 from the Minister of the Treasury inclosing No. 4 to bring it to some point, to which I replyed by Letter No. 5—and thus the matter stands at present. If I do not receive the ratification I shall be excessively embarassed as they want the money and had no doubt that they could command it when they would the bankers finding an advantage in making the advance. I beg that I may not be construed as casting the least censure upon Mr Monroe, in this business, I doubt not that he acted from the best motives, & from those he has explained in his letter to me, but we have unfortunately Seen our powers & the policy of the measure in different lights; perhaps what I have experienced of the measures of Government here renders me too suspicious. I have not been in the habit of trusting much to professions and have seen too many equivocations even in the business of the treaty to give them so much credit for their candour as my colleague does. He has not had an opportunity to deal with any but Mr Marbois, & then too, when the whole business was reduced to a Single point: perhaps too they carry his promise further than he intended it Should go, as I think may be infered from the Statement in his letter to me, which is all I know about it. Your own prudence will Suggest to you the concealment as far as possible of this affair Since if the treaty is or is not ratified, a pernicious use may be made of it. I have the honor to be Dear Sir with the most respectful consideration Your Most Obt hum: Servt
R R Livingston

   RC, duplicate, and enclosures (DLC); RC and enclosures (DNA: RG 59, DD, France, vol. 8A); draft (NHi: Livingston Papers). First RC in a clerk’s hand, signed and dated by Livingston. Italicized words are those encoded by Livingston’s clerk and decoded here by the editors (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:304–5 n.). First RC decoded interlinearly by Wagner. Duplicate marked “private.” Second RC marked triplicate; encoded by a clerk and decoded interlinearly. For enclosures, see nn. 2 and 8–11.

   Duplicate has “it” here.

   Livingston enclosed a copy of Monroe’s letter to him of 20 Aug. 1803 (DNA: RG 59, DD, France, vol. 8A; 7 pp.), in which Monroe asserted that Livingston had misconstrued their instructions in believing that each had power to act singly in negotiations with France; that if such had been the case Monroe would have advanced a sum to the French immediately “to Secure more effectually a complyance with our treaties”; and that Monroe still believed such a guarantee was proper and enclosed a signed instrument to that effect for Livingston’s signature.

   Miscoded “mem” and left blank in first RC.

   Miscoded “letter.”

   The draft has “his” here.

   Livingston to Monroe, 29 July 1803 (NHi: Livingston Papers).

   See n. 2, above.

   Livingston wrote “No 2a” above “No. 2.” He enclosed copies of two letters to Monroe, both marked “No 2.” The first, dated 9 Sept. 1803 (DNA: RG 59, DD, France, vol. 8A; 3 pp.), expressed his “Serious uneasiness” at the idea of a guarantee: he believed their “powers were expended the moment the treaty was Signed.” But, he continued, he would sign the guarantee and “rather … Sacrifice my own Sentiments than appear to the public to differ from you.” In his second letter, dated 13 Sept. 1803 (ibid.; 7 pp.; partially in code; decoded interlinearly), Livingston declared himself very “averse” to such a guarantee and protested that, far from agreeing with Monroe about it, he had “used every argument to Shew the ill effects that would have attended the acceptance of it.” He added that he disliked being put in the delicate position of refusing the loan and having the onus of the decision placed on himself, and he requested an “explicit answer” on the subject of whether the guarantee was conditional on a further act of the first consul.

   Enclosed is a copy of Barbé-Marbois to Livingston, 26 Fructidor an XI (13 Sept. 1803) (DLC; 1 p.; in French), in which Barbé-Marbois enclosed Monroe’s letter to him of 20 Aug. (see n. 10, below) and requested Livingston’s agreement to an advance on the payment for Louisiana.

   Livingston enclosed a copy of a letter from Monroe to Barbé-Marbois, 20 Aug. 1803 (DNA: RG 59, DD, France, vol. 8A; 2 pp.; partially encoded by Livingston; decoded interlinearly), which was given to him by Barbé-Marbois (see n. 9, above) and in which Monroe asserted that the power to make an advance “is joint to Mr Livingston & myself neither can act Singly but in case of death of the other.” Monroe added that he had signed the guarantee of an advance and that for France to have the money it remained only for Livingston to agree.

   Livingston enclosed a copy of his letter to Barbé-Marbois, 13 Sept. 1803 (DLC; 3 pp.), in which he expressed his reluctance to guarantee a loan in advance of the treaty ratification and noted that he had written to Monroe for further explanation.

   Miscoded “what.”

   The remainder of the first RC is in Livingston’s hand.