Title: From James Madison to John Francis Mercer, 19 November 1802
From: Madison, James
To: Mercer, John Francis

private
Dear Sir
Washington Novr 19. 1802
I recd. yesterday your favor of the 12th. inst. and lose no time in inclosing you the last information recd. from Mr. King on the subject of the Maryland Bank Stock. I make the communication a private one not with a view to withold it from Yr Legislature if you should wish them to receive it; but to prevent the extract from being published, which might not be agreeable to the British Minister whose name is used, and which cannot be necessary. I remain Dr. Sir with sincere affection, your friend & sert
James Madison

   RC (MdAA: Blue Book 2). RC misdated 15 Nov. 1802 in Radoff, The Bank Stock Papers, no. 5 of Calendar of Maryland State Papers (Annapolis, 1947), p. 26. Enclosure not found, but see n. 1.

   JM no doubt enclosed an extract of King’s 10 Aug. 1802 dispatch (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:471–72).


Title: To James Madison from Albert Gallatin, 20 November 1802 (Abstract)
From: Gallatin, Albert
To: Madison, James

20 November 1802. Gives a brief history of the origin of Pierre-Augustin Caron de Beaumarchais’s claim against the U.S. beginning with French cash advances to the U.S. and shipment of military supplies in 1776 and 1777. Encloses several documents illustrating the facts on which the treasury decision against Beaumarchais was based. Lists facts that are not in dispute by either party and states no proof is given that Beaumarchais ever accounted to France for the money given him. All the information on which the U.S. decision is based came from the French government which now recommends Beaumarchais’s application for relief. Unless France can provide further proof, “the officers of the Treasury are bound to consider the letter of the Minister of Exterior Relations as conclusive evidence in support of their decision.”

   Printed copy and printed copy of enclosures (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Claims, pp. 314–15, 578–81); Tr and Tr of enclosures (DNA: RG 59, DD, France, vol. 8a). Tr and Tr of enclosures in French. For enclosures, see n. 1.

   Gallatin enclosed an extract from the 25 Feb. 1783 contract between the U.S. and Louis XVI; an extract of an 11 July 1786 letter from Benjamin Franklin to Ferdinand Grand, banker at Paris; Grand’s 9 Sept. 1786 reply; a 30 Aug. 1786 letter from Jean Durival to Grand; Grand’s reply of 10 Sept. with a 12 Sept. 1786 postscript addressed to Franklin by Durival; letters from Durival to Grand dated 5 and 10 Sept. 1786; a 21 June 1794 letter from Gouverneur Morris to commissary of foreign relations Philibert Buchot; Buchot’s 19 Messidor an II (7 July 1794) reply; Beaumarchais’s receipt for one million francs dated 10 June 1776; and a translation of a letter from minister of finance Martin-Michel-Charles Gaudin to Citizen Delarue, Beaumarchais’s heir, dated 24 Fructidor an VIII (11 Sept. 1800). For the background on Beaumarchais’s claim, see Pichon to JM, 14 Nov. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:243 and n. 1).


Title: To James Madison from John Gavino, 20 November 1802 (Abstract)
From: Gavino, John
To: Madison, James

20 November 1802, Gibraltar. No. 103. Refers to his last, no. 102 of 5 Nov., about the Moorish ship which continues laid up. “The last Letter recieved from Consul Simpson was under date of 11t: Inst:, had no answer from the Emperour regarding the Refference of the Certificates which was refused, & feard when came would be unpleasent.” Has received JM’s 26 Aug. circular and will attend to its contents. The king has ordered that all ships from Pennsylvania and Maryland be held in fourteen days’ quarantine, “provided no one Died on the Passage or Sick on board, Account the Fever—but the Cargo (if not of Contumatiouse Nature) in the mean time may be Landed under the usual Precautions.” The Prosperity of Philadelphia carrying a cargo of flour and staves was turned away from Cádiz; “she came here Landed her Cargo & was Yesterday admitted to Prattick.” On 11 Nov., Captain Barron in the New York arrived at Algeciras in thirty-five days from Hampton Roads but was refused pratique. Barron came to Gibraltar in the New York’s boat, was admitted, and delivered dispatches for Simpson which Gavino has forwarded. Barron sailed on 16 Nov. in search of Morris, “who only arrived at Leghorn the 12t: of last Month with the Convoy from hence.” On 17 Nov. the John Adams under Captain Rodgers arrived, was admitted, and departed 19 Nov. also in search of Morris. Encloses extracts of two letters he received “this day” from the Swedish agent at Gibraltar containing news of a truce between Sweden and Tripoli. During the past two weeks four royal vessels have arrived from England with messages for the governor. The first dispatches aroused apprehensions of a new war, but subsequent ones dispelled them. On 19 Nov. the Niger arrived in twelve days from Portsmouth with reinforcements for regiments at Malta, indicating that Great Britain means to retain the island. Gen. Hildebrand Oakes was on board the Niger to take command at Malta. “I have this moment recieved an Express from Capn: Murray of the Constellation inclosing Letters for Capn: Campbell which have sent to Alguesiras.” Captain Murray put into Málaga for repairs, the Constellation having sprung its foremast. When the ship is repaired, Murray will come to Gibraltar for provisions and accompany the reinforcement fleet to Malta. Unfortunately, Barron left Malaga “a few hours before Capn: Murray arrived, as they would not admit him to Prattick.” If Rodgers follows his intentions to stop at Málaga, he will see Murray and receive Morris’s orders.

   RC and enclosures (DNA: RG 59, CD, Gibraltar, vol. 2). RC 3 pp. Docketed by Wagner. For enclosures, see n. 5.

   See Gavino to JM, 5 Nov. 1802.

   See Gallatin to JM, 16 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:490 and n. 5).

   These were probably JM’s 27 July and 22 Aug. 1802 letters to Simpson (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:431–32, 507–8).

   Morris had left Gibraltar with the convoy on 18 Aug. (Gavino to JM, 19 Aug. 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:501).

   Gavino enclosed copies (2 pp.) of a 23 Oct. 1802 letter (in French) from François-Philippe Folsch to Frederick Christiensen and a 2 Oct. 1802 letter from P. N. Burstrom to Christiensen.

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


Title: From James Madison to William Kirkpatrick, 21 November 1802 (Abstract)
From: Madison, James
To: Kirkpatrick, William

21 November 1802, Department of State, Washington. “I subjoin the copy of a letter which I have lately received from the collector of the customs at New York concerning John Watkins who is stated in yours, of the 29. June last, to have been lost, in attempting to get on shore. It appears from the collectors letter that he has left no relation in this country. You will observe the injunctions of the Act, concerning Consuls and vice Consuls, in this case, in delivering over the effects of the deceased to his legal representatives, or if none should come forward, in sending the proceeds to the Treasury of the United States.”

   Letterbook copy and copy of enclosure (DNA: RG 59, DL, vol. 14). Letterbook copy 1 p. For enclosure, see n. 1.

   For David Gelston’s 18 Oct. 1802 letter, see Kirkpatrick to JM, 29 June 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:349 and n. 1).


Title: From James Madison to Arthur St. Clair, 22 November 1802
From: Madison, James
To: St. Clair, Arthur

Sir,
Department of State Novr. 22. 1802.
The President observing in an address lately delivered by you to the convention held at Chilicothe, an intemperance and indecorum of language towards the Legislature of the United States, and a disorganizing spirit and tendency of very evil example, and grossly violating the rules of conduct enjoined by your public station, determines that your commission of Governor of the North Western Territory shall cease on the receipt of this notification. I am &ca.
James Madison

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

   On 30 Apr. 1802 Congress had authorized the eastern division of the Northwest Territory to form a constitution and state government after which the region would be admitted to the Union. In a 3 Nov. address to the constitutional convention, St. Clair told the assembled delegates that they needed no act of Congress to allow them to form a constitution and that for Congress “To pretend to authorize it was, on their part, an interference with the internal affairs of the country, which they had neither the power nor the right to make.” He described the act as “a nullity” that was no more binding than “an edict of the first consul of France.” He urged the representatives to form a constitution for the entire Northwest Territory and to order a new census, adding, “We have the means in our own hands to bring Congress to reason, if we should be forced to use them.” On 20 Nov. Gallatin had sent Jefferson a copy of the address, describing it as “so indecent, & outrageous that it must be doubtful whether, notwithstanding his approaching political death, it is not incumbent on the Executive to notice it” (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:173–75; Smith, St. Clair Papers, 2:592–97; Carter, Territorial Papers, Northwest Territory, 3:259).


Title: From James Madison to Murray & Mumford, 22 November 1802 (Abstract)
From: Madison, James
To: Murray & Mumford

22 November 1802, Department of State. “The enclosed letter is intended for a supercargo in your employ now at New York or soon expected there. As it relates to public concerns, I beg you to facilitate the answer.”

   Letterbook copy (DNA: RG 59, DL, vol. 14). 1 p. The enclosure was probably JM to John Adams, 22 Nov. 1802.


Title: To James Madison from David Rawn, 22 November 1802 (Abstract)
From: Rawn, David
To: Madison, James

22 November 1802, Comptroller’s Office, Treasury Department. At Gallatin’s direction, encloses a certificate “in relation to the sum of” $2,800 in 8 percent stock of the U.S., “standing to the credit of Timothy Pickering Secretary of State, for the use of the United States.”

   RC and enclosure (DNA: RG 59, ML). RC 1 p. Signed by David Rawn as acting comptroller. The enclosure (1 p.; docketed by Wagner) is a 22 Nov. 1802 certification signed by Rawn that an account in the comptroller’s office for twenty-eight shares of 8 percent stock held in Pickering’s name for government use was subscribed for in expectation of its being transferred to William Short for a balance due him as minister of the U.S.


Title: To James Madison from John Lowell, 22 November 1802
From: Lowell, John
To: Madison, James

Letter not found. 22 November 1802, Boston. Acknowledged in Brent to Lowell, 3 Dec. 1802 (DNA: RG 59, DL, vol. 14), as a request for information regarding an error in the account of his late father, Judge John Lowell (see John Lowell to JM, 4 Aug. 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:455 and nn.).


Title: From James Madison to George G. Lee, 23 November 1802
From: Madison, James
To: Lee, George G.

Sir,
Department of State Washington 23d. Novr. 1802.
I have received this day a letter from Mr. Willis our Consul at Barcelona, respecting the forged Mediterranean passports, which you informed me were in circulation and [of] which you handed me a specimen. His statement suggesting probable utility of a greater precision of form in your information, I must beg the favor of you to give to me under oath with any additional circumstances your memory may furnish: in particular what was the inducement for Captain Lewis not only to disclose the falsity of the passport he navigated under and his being possessed of several forged blanks but to give you one: whether Captain Lewis had any share in the Pomona or was a general partner in trade with Mr. Willis: what papers she had with which to navigate the Mediterranean before Willis and others purchased her (you state that she had been condemned some years previously to Lewis [)] whether you ever told Mr. John Adams that you received the blank forged passport from Messrs. Samadet and Cushing of Marsailles. Mr. Adams has stated in his deposition transmitted by Mr. Willis, that to the best of his belief you did tell him so. I am &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14). Misaddressed to Capt. George E. Cushing. Addressee assigned on the basis of internal evidence and by comparison with Willis to JM, 15 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:582–83 and nn.), and JM to Pinckney, 23 Nov. 1802.

   Willis’s 15 Sept. 1802 letter, to which JM is probably referring, was docketed by Wagner as having been received on 25 Nov. (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:582–83 and n.).

   Parts of two lines are left blank in the letterbook.


Title: To James Madison from Richard O’Brien, 23 November 1802 (Abstract)
From: O’Brien, Richard
To: Madison, James

23 November 1802, Algiers. “On the 21st. Inst. at 4 P M I got alongside of the united States frigate The New york Captain Barron and recd. your letter of The 27th. of July with a P. S. of The 22d. of August with the 30 Thousand dollars in order to make a Cash payment to this regency in Lieu of Stores.” Notified the minister of marine and foreign affairs at eight o’clock the next morning that the U.S. had sent cash since it was not convenient to send stores. In addition, the U.S. “had difficulties” with Morocco and Tripoli. The minister refused to accept cash, saying, “if we wanted The friendship of This regency we Should bring Stores and be punctual.” O’Brien reminded him the treaty stipulated an annual payment of either stores or 12,000 Algerine sequins and that at present, the U.S. found it best “in order to avoid difficulties deficiencies and detentions” to pay in dollars. He pointed out that 12,000 sequins equaled $21,600 but that $30,000 had been sent, which was $8,400 more than the U.S. had stipulated to pay, and he hoped it would be received—“That it would on this plan be a Clear business to both parties.” The minister observed it would be in the interest of the U.S. but not that of Algiers and again demanded stores “agreeable to The Customs” of Algiers. At nine o’clock O’Brien sent his dragoman to the dey asking for an appointment “to see him on business.” The dey replied that if O’Brien wished to see him regarding the cash payment he need not come as the dey would not see him on that subject. “I answered That The Cash payment was the Chiefe of my business at present.” At three o’clock the dey sent a message that he would allow the U.S. three months to send the commissioned timber and stores together with 1,000 barrels of gunpowder and “if we wanted war to tell him at Once.” “I answered we wanted peace and bringing The Money was A Strong demonstration Thereof. That I would promise to write to the Government of the United States and bring him full answers to all he required but could not assure him or promise that those Articles he demanded would be Sent.”
In a postscript, observes that if Algiers and the U.S. should break off relations, it would facilitate peace between Portugal and Algiers and open “the western Ocean” to Algerine corsairs. “But if we renounce the Commerce of this Sea and Keep at Gibralter &c. 4 of our frigates and 4 of our small Vessels we need not mind all Barbary.” Will keep the $30,000 in his house “to see if The regency would accept of it.” If they will not, he will “again feel their pulse on the arrival here of Commodore Morris.” Thinks the Algerines will keep the money at Algiers until an answer is received to this letter. If the stores do not arrive “they Can Keep the money and dispatch or Chain me.” Even if the debts to government were paid, U.S. debts to Baccri and Busnach would prevent his departure. Regrets JM did not include instructions relative to the payment of those debts. Observes that the 1,000 barrels of gunpowder requested by the dey would cost $40,000 with freight and insurance from the U.S., “whereas on the Annuities it would not turn out … to more than 15 Thsd. dollars with a deduction or loss of 10—or 15 pr.Ct. in weight.” Recommends that the president’s answer to the dey should be sent separately from his letters to O’Brien. Had there been any hope after JM’s receipt of the dispatches by the George Washington that the regency would have accepted cash in lieu of stores, “I would not have failed in Communicateing the Same to you.” The regency intended to build a frigate, in part with timbers sent by the George Washington. “The rest they expected but is now much disappointed and irritated. We Should gaurd against A Sudden Surprize.”
Notes in a second postscript, “I have Setled with the Jews and Ministry for each of their interests in the Vickelhadge. They are pd.” Appends an account dated 28 Nov. 1802 of “Suposed debts of the united States at Algiers Commenceing the 27th. of november 1801 to The 5th. of Septimber 1803.” Lists expenses of $15,073 due to Baccri and Busnach, $2,000 for gifts, $60,000 in annual annuities, a $16,000 biennial present, $20,000 for a “New Consular present,” repayment of $6,500 for ransoming Morris and crew from Tripoli, and $5,000 for “Extraordinarys.” Deducting the $30,000 received from Barron leaves a balance due of $94,573.
In an addendum dated 27 Nov. “at 10 A M” and marked “Important,” O’Brien reports that he had sent his dragoman to the dey that morning to demand permission for Morris to embark for Marseilles in a Danish ship. “The dey observed that after all his trouble in procureing from tripoli Captain Morris & Crew that he was Sorrow [sic] to find that the americans proved ungratefull in not forwarding The Stores or the Annuities, that previous to This had any one told him that The americans would be The first to Think of neglecting to Send Stores or to attempt to Change his System he would not beli[e]ve it, but if the americans Sent The Stores well, if not he did not remain their friends. That my Government might do as they thought proper for the interests of their Country but he as Patroon Grandi and dey of Algiers would do And act for The interest of his. That if we do not Comply and Should get to war even Should we give Millions he would never again admit The americans to a peace.” This message was given to the dragoman in the presence of the minister of marine and foreign affairs, who observed to the dey that he hoped the Americans would bring the stores.

   RC (DNA: RG 59, CD, Algiers, vol. 6); Tr (CSmH). RC 3 pp.; docketed by Wagner as received 19 May, with his note, “from March 1802 to 27 Novr. 1802.” On the verso is a copy of the dey’s 17 Oct. 1802 letter to Jefferson, marked by O’Brien, “8th. Copy.” Another copy of the RC (DNA: RG 59, CD, Algiers, vol. 6), marked “3d.” and docketed by Wagner, “23 & 27 Novr. 1802,” was sent under cover to Livingston at Paris with the postscript, “The ambassador of the U States at Paris will please to note The Contents of this letter and forward this with Care to The Dept. of State. Should I presume to expect an ansr. that this letter reached so far on its Journie as Paris.” Another RC (ibid.), marked “6th.,” is docketed by Wagner as received 23 May. Differences between the copies have not been noted. Extract printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:321.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:430–31.

   For the terms of the treaty, see Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:303, 305.

   O’Brien may have been referring to his letters of 26 Sept. and 8 Nov. 1801. In the latter he suggested bribing government officials to allow the U.S. to pay its annuities in cash (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:137–38, 231–32).

   O’Brien was doubtless referring to his polacre Vicklehadge, Thomas Dasson, master, which was taken into Malaga by the French privateer Emilia in January 1799 (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:450–51).

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


Title: To James Madison from Isaac Cox Barnet, 24 November 1802 (Abstract)
From: Barnet, Isaac Cox
To: Madison, James

24 November 1802, Antwerp. Notes that in his letter of 10 Sept. he acknowledged receipt of JM’s 22 June letter enclosing his commission. Had expected to be in Antwerp by October but had difficulties disposing of his house and moving his family. Left Bordeaux on 9 Oct. and did not reach Antwerp until 11 Nov. owing to family illness. Has been well received by the prefect, d’Herbouville, as well as by other authorities and foreign residents who welcomed him as “the first Commercial Agent to Antwerp.” Only two American ships, the Success of New York, condemned as unseaworthy, and the Respect of Salem, bound for the Cape Verde Islands, are in port. Trade in Antwerp is “very dull,” and he is “much disappointed in the local Situation.” Antwerp is situated so as to be “in a few years, one of the first trading ports of Europe,” but this will require free transit, which the government is not disposed to grant. Wharves have inadequate loading facilities; “narrow, Shallow Canals” are unsatisfactory for wintering; and “the ignorance of the pilots and supposed jealousy of the Dutch together with the want of Bouys & marks in the River” cause frequent accidents. Was told buoys will be provided in the spring and “measures are taking to provide fit Pilots,” but “the repairing and augmenting of Warves, enlarging of canals and making a Basin” are long-term projects that will not “find sufficient encouragement from the Chest of the Nation.” Resident foreign merchants are discouraged at the collapse of prospects once “greatly elevated” by the expectation of free transit. The Dutch are profiting from the “Shackles on this port” as they supply countries along the Rhine, while “considerable contraband trade is carried on” near Antwerp. “The only public Stores are a few churches, and the private ones are not Sufficient for the probable wants of the Merchants.” House rent is “exhorbitantly high” and decent houses difficult to find. This is “doubly so for Strangers and next to impossibility for the french,” whom residents still resent in spite of the prefect’s efforts to work for their interest and encourage trade. Fears residents see “with a jealous eye” all settlement by foreigners and would rather keep their old business ways than be “dazzled” by more efficient methods. The rise in price of “every article of consumption” has led the poor to feel this way also. “In Short the Merchants here have no enterprize—the capitalists no public Spirit—and the people at large no confidence nor good will towards their present rulers; and a very large proportion of the riches of the Netherlands are kept in foreign funds, which a well Settled order of things only can recall.” Local manufacturers “are in a languid state” and will be unable to provide return cargoes for American shipping in the near future unless encouraged by the government. “The present high price of Grain has put a Stop to the Distilleries of Geneva which may one day be shipped here on better terms than from Holland.”
“The Prefet, in his Statistique of this Department, says of the people that ’they have … the love of independence.… It is difficult to obtain any thing of them by other means than by persuasion. Bad treatment irritates them—injustice renders them indignant. Slow in giving their confidence, when it is obtained, you may count upon the continuation of their attachment. They easily give way to hatred, and this Sentiment is … as durable as that of friendship. They deal with good faith—are plain in their manners, united in their families.… Their children enjoy great liberty and it is rare to see disunion among them.
“‘The artisans are … industrious. All the arts may prosper among them because they have the germ; but there must be a vehicle to draw them out of a kind of Stupor which belongs perhaps only to political circumstances of which the Country has been the Sport since two hundred years.… The inhabitants … are tenacious of their old habits;… they shun novelty.… They go every evening to their Estaminet [tavern] to smoak, chat and drink Beer.… The inhabitants … are religious; they are slaves to their word; in short, if deplorable circumstances … have forced them to shew … aversion for the french, this impression, which is daily weakning,… will be totally annihilated as soon as peace & Commerce shall have realized the hopes which ought to be conceived of the Union.… The Antwerpers are calm, silent, reserved by habit, as well as by taste; they are no longer the same people during the Carnaval. The most grotesque masquerades, the most costly disguises amuse them to madness. In these days of happiness, pleasure is the sole affair.’”
Observes that based on his own short stay, the prefect’s description is “as flattering a picture” as could be drawn. Only foreigners will entertain foreigners, as they bring trade and prosperity, which alone will reconcile them to local inconveniences and “this unpleasant climate.” Will send a copy of the prefect’s report, a plan of the city, and a chart of the Schelde by the first direct conveyance. JM’s “interesting pacquet of June” was the last he received; awaits a reply to his 30 June letter and is anxious to learn if JM has accepted his drafts. Will defer the petition therein mentioned, hoping to obtain JM’s “patronage and support.”

   RC (DNA: RG 59, CD, Antwerp, vol. 1). 5 pp. Docketed by Wagner.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:567.

   Charles-Joseph-Fortuné, marquis d’Herbouville (1756–1829), was prefect of the district of Deux-Nèthes, of which Antwerp was the capital, from 1800 to 1805 (Tulard, Dictionnaire Napoléon, p. 874).

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

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


Title: To James Madison from William C. C. Claiborne, 24 November 1802 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

24 November 1802, “Near Natchez.” Encloses a duplicate [not found] of his 5 Nov. letter, having discovered an omission of a few words in the third inquiry regarding claims derived under the British and Spanish governments previous to the treaty of 1795 and unsettled at the date of the treaty. “After the word Settlement these words should have been inserted, ‘within the ceded Territory.’” Has not yet received the return of claims in Washington County.

   Letterbook copy (Ms-Ar: Claiborne Executive Journal). 1 p. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:232–33.


Title: To James Madison from Charles D. Coxe, 24 November 1802 (Abstract)
From: Coxe, Charles D.
To: Madison, James

24 November 1802, Philadelphia. Has been informed that Peter Dobell intends to resign as commercial agent for Le Havre. Solicits the appointment should that be the case. “The proximity of that place to the residence of my brother-in-law (Mr. Le Ray de Chaumont) will render it peculiarly agreable to me, & I humbly hope the recommendations The President has already had of me will be sufficient to induce him to accord me this great favor.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Coxe”). 1 p. Docketed by Jefferson.

   On 22 Nov. 1802 Joshua Barney, who had heard that Dobell had resigned, had written to Samuel Smith recommending Michael O’Mealy for the position. Barney complained that Dobell had named a French citizen to act for him who was issuing certificates of American citizenship to foreigners to collect consular fees. Barney enclosed a statement from John Holmes certifying that in February 1802 “Mr. Hospital acting as consul at Havre,” had issued a certificate of citizenship to a British native who “had not been longer in the United States than about three Months” (DLC).


Title: To James Madison from George Sibbald, 24 November 1802 (Abstract)
From: Sibbald, George
To: Madison, James

24 November 1802, Washington. Presents to the U.S. commissioners for settling the Georgia claims the representation of John Miller, Jr., Thomas W. Francis, Henry Pratt, John Ashley, and Jacob Baker, trustees of James Greenleaf, and that of Thomas FitzSimons, Samuel Bennett, and Thomas Stretch, attorneys for Hugh Rose and Valentine Jones. Will remain in Washington “some time, in order to give any explanations that may be necessary.” Encloses four documents representing the title of Greenleaf’s trustees to 2,500,000 acres of land under the Georgia Company and fifteen documents representing the title of Rose and Jones to land within the purchases of the Georgia and Upper Mississippi Companies.

   Printed copy and printed copies of two enclosures (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Public Lands, 1:139–42). Addressees are JM, Albert Gallatin, and Levi Lincoln. For enclosures, see nn.

   The first enclosure is an undated memorial to JM, Gallatin, and Lincoln from FitzSimons, Bennett, and Stretch stating that on 4 Feb. 1797 James Gunn and Wade Hampton sold Hugh Rose 1,200,000 acres of land in the territory purchased by the Georgia Company and Upper Mississippi Company, that James Warrington had sold Rose 150,000 acres in the same territory on 21 Feb. 1795, and that Rose had transferred half of his interest in these lands to Valentine Jones. The other three documents relating to Greenleaf’s title have not been found.

   The second enclosure is the 1 Jan. 1795 articles of agreement between James Gunn, Matthew McAllister, George Walker, Zachariah Cox, Jacob Waldburger, William Long-street, William Stick, Jr., Gideon Denison, and Wade Hampton to form themselves into the Georgia Company, together with a list of individuals who had subsequently been sold shares of the company’s lands. The other fourteen documents relating to the title of Rose and Jones have not been found.


Title: From James Madison to Carlos Martínez de Yrujo, 25 November 1802
From: Madison, James
To: Yrujo, Carlos Martínez de

Sir,
Department of State November 25. 1802
Information has just been received that the Port of New Orleans has been shut against the Commerce of the U. States from the Ocean into the Mississippi; and that the right of American Citizens to deposit their Merchandizes and effects in that port has also been prohibited, without the substitution of any equivalent establishment on the Banks of the Mississippi. An extract from the proclamation, by which the latter prohibition was made is herein inclosed. It is impossible to see in either of these measures, any thing less than a direct and gross violation of the terms as well as spirit of the Treaty of 1795 between his Catholic Majesty and the United States: and the Minister Plenipotentiary of the United States at Madrid will be instructed by the President to represent it to the Spanish Government. In the mean time it is thought proper to communicate to you the wrong which has been done, that you may have an opportunity of using such interpositions as the occasion may require. The President is persuaded Sir that you will endeavor to render them both as expeditious and as efficacious as possible, not only from your personal candor and regard for right, but from the further consideration of the indemnification which will justly accrue to american citizens, whose property to a very great amount will soon be exposed to the injurious consequences of this proceeding. With very great respect &ca.
James Madison.

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

   JM referred to the extract sent to him by William E. Hũlings (see Hũlings to JM, 18 Oct. 1802, n. 1). He neglected to enclose the extract in this letter and forwarded it to Yrujo on 28 Nov. (JM to Yrujo, 28 Nov. 1802 [DNA: RG 59, DL, vol. 14; 1 p.]).


Title: To James Madison from William E. Hũlings, 25 November 1802
From: Hũlings, William E.
To: Madison, James

Sir
New Orleans 25th Novr. 1802.
I had the honour to address you under date of the 18th. of last October; the Original & duplicate by a Schooner, and Brig via Baltimore, Triplicate by a Mr. Duffin, express; and the quadruplicate by the Post via Natchez. Since which, I have received a circular from the Department of State, under date of the 26th. august last, signed by Mr. Daniel Brent, to which I will pay due attention. I presume that the restrictions contained therein do not extend to the provision made by Congress, which authorizes the “President of the United States to appropriate to the relief of sick american seamen, a sum not Exceeding Three Thousand Dollars.” I have hitherto sought relief for my suffering Countryn. from the humanity of their fellow Citizens at the time in this Port; by sollicitg. their charity: and it is only in one recent instance that I have exercised the benevolence authorized under the Honble. Secry. of the Treasury’s letter of the 2nd. of last July, communicated to me by my friend Danl. Clark Esqr. By the Schooner Eliza, Capt. Thos. Chirnside I recd. on the 8th. of last October, sundry Articles of Military Stores; of which the principal part were destined for Fort Adams & the Natchez; the rest for Fort Stoddard, on the Mobile. The Goods for Fort Adams &c were taken out of the Eliza, and put on board of American boats for their place of destination (where they have since arrived safe); Those for Mobile, I was Obliged to deposit, there being no immediate Opportunity for that place; stateing in my petition for deposit, that the said Articles were intended for Fort Stoddard, as the property of the United States.
On the 18th. followg. I presented a petition to the Intendt. of the Province, requesting permission for the said Goods to pass thro’ the Spanish territory free of duty, which was denied, as you may Observe by the Intendt.’s decree, on petition No. 1.
The Season being advanced, and the troops, consequently in want of their winter Cloathing, I presented the petition No. 2. to the Govr. General, who kept it several days, during which time (as I have been informed) many Official letters on the Subject passed between the Govr. and Intendt., the former being desirous of having the Courtesy granted, without being Obliged to recur to positive command, and to take the responsibility on himself.
On the 30th, I waited on the Govr. who informed me that if I woud again present a petition to the Intendt (the form of which was given to me), and accompany it with a translation into Spanish, of the Invoice of the Cloathing &c, it woud be granted.
I did so, and Obtained the decree on the margin of petition No. 3. By which you will perceive that the passing of Goods &c. the property of the United States, to the American posts on the Mobile, Via New Orleans, is attended with delay, much trouble, and uncertainty. To obviate which, I beg leave to advise that (as I can only apply as a mere consignee) any other Goods comg. for the Account of the U. S. and bound to the said American Posts, Via New Orleans, may be accompanied by a letter from the proper Officer to the Govr. Genl. requesting permission for the Goods to pass thro’ the Spanish Territory.
A very considerable degree of inconvenience and risk have already attended the Citizens of the United States By the deposit being shut against them, Colo: John Ellis & Wm Gordon Forman Esqr. of Natchez had a boat in port with a quantity of Cotton which was not permitted to be landed, the boat Overset, and nearly fifty bales fell into the river, which were hauled on shore, from whence, they had much trouble to obtain permission to reimbark them, being Obliged to petition the Intendt. for that purpose, and suffer a considerable delay. You, being well acquainted with the Nature of the American trade into, and out of the Mississy., and with the frail construction of the flats, & boats that bring down the produce of the United States to this place, at which they Often sink, from the smallest causes; renders it unnecessary for me to say more to impress you with a conviction of the necessity of havg. a convenient place of deposit for the American commerce, on the River Missisy. I am Sir, Most respectfully your very humble Servt.
Wm. E Hũlings

   RC and enclosures (DNA: RG 59, CD, New Orleans, vol. 1). RC docketed by Wagner as received 11 Jan. Wagner’s translation of the enclosures (4 pp.) is filed with the RC. For enclosures, see nn. 4–6.

   For Brent’s 26 Aug. 1802 circular letter, see Gallatin to JM, 16 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:490 and n. 5).

   Hũlings was referring to section 2 of “An Act to amend ‘An Act for the relief of sick and disabled Seamen,’ and for other purposes,” 3 May 1802, which allowed the president to spend up to $3,000 for the care of sick or disabled seamen at New Orleans (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:192–93).

   Hũlings may have been referring to Gallatin’s 30 June 1802 circular letter to the agents of marine hospitals at U.S. ports, giving instructions on how to deal with the collection and application of funds for the relief of seamen in the hospitals (Papers of Gallatin [microfilm ed.], reel 7).

   Hũlings enclosed a copy of his petition no. 1, dated 16 Oct. 1802, addressed to Morales (1 p.; in Spanish), requesting permission to embark duty-free on the Victoria various supplies belonging to the U.S. destined for American posts on the Tombigbee River; Morales’s 18 Oct. refusal (in Spanish) is written in the margin.

   Petition no. 2 is a copy of Hũlings to Manuel de Salcedo, October 1802 (1 p.; in Spanish), repeating the information in petition no. 1 and requesting the governor’s permission for the provisions to pass.

   Petition no. 3 is a copy of Hũlings to Morales, 29 Oct. 1802 (1 p.; in Spanish), again requesting that the articles be allowed to pass to Fort Stoddert, with Morales’s 30 Oct. 1802 response written in the margin (in Spanish), giving permission for the passage but stating that the permit was not to be considered as establishing a precedent.


Title: To James Madison from William C. C. Claiborne, 25 November 1802 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

25 November 1802, Natchez. Encloses “an Original Copy of a Communication (together with a translation thereof)” received “this morning” from the governor general of Louisiana, in answer to Claiborne’s 28 Oct. letter.

   Letterbook copy and copy of enclosure (Ms-Ar: Claiborne Executive Journal); Tr (DNA: RG 233, President’s Messages, 7A-D1); Tr of enclosure (DLC: Jefferson Papers). Letterbook copy 1 p. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:233. For enclosure, see n. 1.

   In his 28 Oct. 1802 letter to Salcedo, Claiborne noted that in article 22 of the Treaty of San Lorenzo, Spain agreed to assign “an equivalent establishment” elsewhere on the banks of the Mississippi should permission to deposit American produce at New Orleans be withdrawn. He asked if the king had indeed withdrawn this permission and whether and where he had assigned a new location (Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:209–10). In the enclosed 15 Nov. reply (5 pp.; printed ibid., 1:233–36), Salcedo stated that though the king had not suspended the deposit, the intendant had ended neutral commerce because the three years allowed for the deposit under the treaty had expired and because he meant to stop the many frauds and abuses committed by American traders. He remarked that Morales had doubtless told the king of his actions, and there was reason to hope the king would either restore the deposit at New Orleans or assign a new location. Salcedo added that he had objected to the suspension and had written for an opinion to Someruelos, whose reply was expected soon.


Title: To James Madison from Daniel Clark, 25 November 1802
From: Clark, Daniel
To: Madison, James

Letter not found. 25 November 1802. Mentioned in Wagner’s docket on verso of a 22 Nov. 1802 letter to Clark from André Burthe d’Annelet, French adjutant general (DNA: RG 59, CD, New Orleans, vol. 1).


Title: To James Madison from William Jarvis, 26 November 1802 (Abstract)
From: Jarvis, William
To: Madison, James

26 November 1802, Lisbon. Last wrote on 16 Nov. transmitting correspondence from Willis and Gavino. Detainment of the ship by contrary winds allowed him to forward a dispatch received on 19 Nov. from Pinckney. Now forwards another from Pinckney received “by the last post.” Has had one ship from New York and one from Philadelphia arrive since he wrote about quarantined vessels on 12 Oct. The New York ship had a bill of health and was admitted to pratique in nine days, which was forty days after it had sailed. The Philadelphia ship arrived “six days since” without a bill of health and was admitted “yesterday” but had had forty days’ passage. Dunbar went to Madrid “a few days ago” leaving Jarvis “to prosecute the business.” After waiting two weeks for the original agent to get the papers privately, Mr. Herbert, one of those named in the commission, recommended a friend for the purpose. Herbert’s friend promised to obtain the papers and Dunbar preferred to wait for him to do so for the reasons mentioned in Jarvis’s 1 Oct. letter, but Herbert’s friend having put him off several times “untill he has exhausted his (Mr D’s) patience,” Dunbar finally requested Jarvis to apply to the minister “in 10 days or a fortnight if they were not procured by that time.” The British ambassador Lord Fitzgerald arrived on 25 Nov. Frere, who was appointed to Madrid, “saild about three weeks since for Cadiz.”

   RC (DNA: RG 59, CD, Lisbon, vol. 1). 3 pp. Docketed by Brent.

   For Dunbar’s mission to Lisbon for the United Insurance Company, see JM to Jarvis, 12 May 1802, and Jarvis to JM, 22 Sept. and 1 Oct. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:217, 596–97, 607).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:607.

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


Title: To James Madison from Rufus King, 26 November 1802 (Abstract)
From: King, Rufus
To: Madison, James

26 November 1802, London. No. 76. Notes that Gore has acknowledged letters received from the State Department during King’s absence and informed JM of what has been done toward accomplishment of the president’s instructions. “I shall immediately resume the business that has been so well commenced, and as well from the nature of the subject, as from the temper and disposition that are understood to prevail in respect to America, I am inclined to hope that we shall experience no material difficulty in effecting a final and satisfactory adjustment of our Boundaries.”

“At the date of Mr. Gore’s last Letter there seems to have been much solicitude on the subject of Peace: the sympathy of the Nation was at that time strongly excited by the conduct of France towards Switzerland, and a verbal insinuation was made by the English Minister at Paris that the King would not see with indifference the interference of France in the internal affairs of that Country. This step was accompanied by orders to stop the further reduction of the land and naval forces, and as is believed to retain provisionally, instead of giving up, according to the Treaty of Amiens the Conquests which England had made during the War: these Measures, which little pains were taken to conceal or explain, were supposed both at Paris and London, to have been adopted in consequence of a concert formed with the two imperial Courts, and therefore occasioned serious apprehensions, lest Europe should again and immediately be involved in a new and disastrous War.”
Things remained in this state until the opening of Parliament, and the king’s speech, which was expected to remove or confirm apprehensions, was awaited impatiently. While the speech offers no assurance of the continuance of peace, it is too vague to authorize the conclusion that Great Britain desires or expects an early renewal of war. “Neither the Speech nor the Addresses give any satisfactory explanation of the measures which had been adopted; but the Debates of Parliament, which I attended, tho’ cautiously managed by the Ministry, cast some light upon the subject. … It appears that no concert has been established either with Austria or Russia; that although the Fate of the Swiss is matter of deep regret it will not influence England, unsupported as she is by a single Ally, to engage in a war that could not rescue the Swiss from the power of France; and moreover that no such material change has, in the opinion of the Cabinet, taken place in the relative condition and strength of the Powers of the Continent, since the Treaty of Amiens, as would justify England in renewing the War.”
“Upon the supposition that such are the opinions of the Cabinet, it is to the Treaty of Amiens, and not to certain political Events that have since occurred” that an explanation of British conduct in increasing forces and dispatching orders to retain conquests is to be found. “There are several points connected with the Treaty of Amiens, some or all of which may have had an influence in producing the measures alluded to: these are the Government of Malta, the commercial intercourse which it was expected the peace would restore between Great Britain and France and the Indemnity promised to the Prince of Orange.”
Difficulties independent of France and England in carrying into effect the article respecting Malta are such as to render further time or stipulations necessary to secure the purpose aimed at by both countries, and it is natural that “things should remain as they are until these difficulties can be adjusted: there is therefore nothing extraordinary in England continuing to occupy Malta; still however France may press for a literal performance of the engagement of England, and this joined to other motives may induce England to increase rather than diminish her Forces.”
“Though the definitive Treaty did no more than restore Peace, it was generally expected … that a commercial intercourse would be opened between the two Countries subject to duties as well as partial exclusions.” Trade from France to Great Britain has been restored to the same footing as before the last commercial treaty, “while in France the Laws passed during the War prohibiting the importation of every sort of Goods of the growth or fabric of the British Dominions, and making them liable to confiscation, if found within the French Territories, are not only maintained, but enforced with so much Rigour that a number of British vessels driven into the Ports of France in distress, and to escape the perils of the ocean (such is the English Account) have been confiscated—together with their Cargoes; and the only answer given to the Complaints of the English Minister at Paris, has been that in these, as in other cases of Judicial cognizance, the Laws must have their course.” This evidence of the French view, the influence of which has produced similar but less extensive prohibition of British manufactures in Spain, “has excited much discontent; and in a Nation so highly commercial as England cannot fail of having an Effect upon its public Councils: yet neither these Tokens of inhospitality nor the business of Malta would justify the provisional Detention of the Conquests which England had agreed to surrender.”
The preliminaries of peace were severely censured by the opposition party for having omitted a provision for the Prince of Orange. “The definitive Treaty contains an explicit Stipulation in his favour, and the honour of England is perhaps bound to enforce its due observance. It will be remembered that France entered into an engagement (as is believed for a sum of Money received from Holland) on the very day of the conclusion of the definitive Treaty, to release the Dutch from contributing towards the indemnities of the Prince of Orange. England without doubt remonstrated against the bad faith of this Transaction, and probably was assured that ample Indemnities would be found in Germany; instead whereof the Compensation that has been offered by the Diet, under the recommendation of the initiating power, falls far beneath the just claims of the prince of Orange, and in the opinion of most Persons, does not exceed a tenth even of their amount. It is therefore natural enough to conjecture that seeing the inexecution of the Treaty, in a point of much importance to an ancient tho’ fallen friend; as well as material to her own honour, England may have given notice of her having resolved to suspend the farther execution of the Treaty on her Part, until she sees a just and faithful performance of it on the part of France and her Allies; a supposition the more probable by the orders being made to exclude the Dutch Colonies, which alone are likely to be affected, Martinique and St Lucie being already surrendered.”
“You will perceive that this Speculation goes upon the idea that orders have really been given to arrest the farther Execution of the Treaty on the side of England.… If the manifest ill humour that exists, arises alone or principally from this cause, well grounded hopes ought to be entertained that Justice will be rendered to the prince of Orange, and the Treaty of Peace suffered to go into complete operation.”

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 7 pp. In a clerk’s hand, signed by King. Printed in King, Life and Correspondence of Rufus King, 4:184–87.

   See Gore to JM, 6 Oct. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:611–13).

   Gore to JM, 20 Oct. 1802.

   Article 3 of the Treaty of Amiens required the return to France, Spain, and the Batavian Republic of all their possessions that had been occupied or conquered by the British during the course of the war, with the exception of Trinidad and the Dutch possessions on Ceylon (Annual Register for 1802, p. 609).

   In his speech to Parliament on 23 Nov. 1802, George III stated that he could not be indifferent to material changes in the condition and strength of states with which Great Britain was connected and that he would adopt those means of security best calculated to preserve the blessings of peace for his subjects (Parliamentary History of England, 36:934–35).

   During the debates that took place on 23 and 24 Nov. on the addresses of thanks in response to the king’s speech, the opposition charged the government with weakness in the face of French aggressions. Hawkesbury and Castlereagh replied that Great Britain would not interfere unilaterally in Continental situations that were antecedent to or concomitant with the Treaty of Amiens and that did not directly affect British safety (ibid., 36:963–67, 987–89).

   Article 10 of the Treaty of Amiens designated Malta neutral territory, restored rule of the island to the Order of St. John of Jerusalem (Knights of Malta), and established the presence of a Sicilian garrison there for at least a year (Annual Register for 1802, pp. 610–12).

   Article 18 of the treaty contained an agreement to indemnify the house of Nassau for its losses in the Batavian Republic. By a treaty concluded on 24 May 1802, William V, Prince of Orange, was awarded the bishopric and abbey of Fulda, the abbeys of Corvey and Weingarten, and several German towns (ibid., pp. 613, 626–27).

   In September Pius VII had appointed a new grand master of the Knights of Malta, contrary to article 10 of the treaty, which required an election at a general chapter to be held on the island. In addition, Charles IV seized the property of the knights in Spain, which altered the position of the order substantially and imposed “insuperable obstacles” to the implementation of the treaty. The British believed Napoleon was responsible for the action (Roderick Cavaliero, The Last of the Crusaders: The Knights of St. John and Malta in the Eighteenth Century [Philadelphia, 1963], p. 263; Annual Register for 1802, pp. 248–49, 610).

   King referred to the Eden treaty of 1786 (de Clercq, Recueil des Traités de la France, 1:146–65).

   On 27 Mar. 1802 France and the Batavian Republic had signed an agreement relieving the latter of all liability for the indemnities promised to the house of Nassau by the Treaty of Amiens (Annual Register for 1802, pp. 614–15).


Title: To James Madison from Carlos Martínez de Yrujo, 27 November 1802 (Abstract)
From: Yrujo, Carlos Martínez de
To: Madison, James

27 November 1802, Washington. On 25 Nov., received JM’s letter of the same date, in which JM repeated in writing what he had told Yrujo that morning about news received of the intendant’s closing the port at New Orleans to American ships without assigning another place where they could deposit their goods in conformity with article 22 of the treaty of 1795. In reply, confirms in writing what he told JM verbally: knowing as he does the friendly disposition of Charles IV toward the U.S. and the scrupulous punctiliousness with which he fulfills the treaties he contracts, Yrujo can only attribute the intendant’s action to an ill-advised zeal or to a poor interpretation of some general ordinance. To convince the American government of the sincerity of the king’s friendly disposition, Yrujo will dispatch a ship as soon as possible with messages for the governor and intendant to find out what happened and the reasons for their conduct so he might give satisfactory answers to the observations JM made at their last meeting.

   RC (DNA: RG 59, NFL, Spain, vol. 2). 3 pp.; in Spanish. In a clerk’s hand, except for Yrujo’s complimentary close and signature. Docketed by Wagner.


Title: To James Madison from John Graham, 28 November 1802
From: Graham, John
To: Madison, James

Dear Sir
Madrid 28th Novr 1802
It is with Regret I call your attention to an affair which concerns myself as an Individual; but the Circumstances which I am about to mention will I hope plead my Apology for doing so.
When Mr Pinckney had presented me to His Catholic Majesty as Chargé des affaires of the United States and was himself about to depart for Italy, I asked him to give me a credit with his Banker, for my Salary during his absence at the rate of $4500 ⅌ an:—on his Refusal to do this I told him—that I conceived my Situation would be materially changed by his Departure—That the Commission which I held, made it my Duty to undertake the management of the affaires of the United States at this Court during his absence—that in doing this I should look upon myself as their Agent & not as his—That to the Government only was I responsible for my conduct & on them only ought I to be dependent for my compensation—That they had pointed out $4500 as the Salary of a chargé des affaires, which was by no means too much in a City so expensive as Madrid & that if he withheld this compensation from me, I could not live in the manner which I ought to do. I even went so far as to tell him that I would oblige myself to refund the money if the President disapproved of its having been advanced to me. This had no effect for he still adhered to his refusal. I then wrote him the inclosed Letter (marked No 1) & told him that he might open me a Credit with his Banker for what Sum he thought proper—that a Respect for myself & the Situation which I held, had induced me to demand the usual Salary and that I could not in my Opinion consistently with Propriety stipulate for any other. He then gave me an order for $800. of which there will be but $25 to pass to my Debit, after deducting $105 the Expence of my Journey from Barcelona, three months Salary as Secretary of Legation, and the amount due upon my accounts for living &c. In this is not included the Rent of the Lodgings from which I have lately removed. These I had in a House with Mr Campbell, who refuses at present to receive any Compensation for them, because he thinks that Mr Pinckney after consenting that I should take part of the House, did not act properly, in making any objections to pay my proportion of the Rent & Traspaso when he had been told beforehand what they would be. Whether he would or would not have paid this proportion I cannot say, I only know that he ever shewed a Reluctance to talk to me on the Subject. At Barcelona I proposed to him that he should write to Mr Young to arrange the affair. He promised me to do this, but did not, & on my Return to Madrid I found that Mr Campbell was unwilling I should continue with him except as a visitor. I therefore found it necessary immediately to remove & I have fixed myself for a time in the House of Mr Pinckney for the Reasons pointed out in the inclosed Letter to him (No 3). I use nothing which is his, except the Furniture of the Kitchen & the Room where I sit.
This Statement will let you know what is my present Situation. I pretend not to advocate my Claim for additional allowance, because I am confident that it will be decided upon as it deserves—I could have wished that Mr Pinckney had followed the same plan, for I cannot by any means admit the accuracy of the Statements which he has given you, and by directing me to send on a Copy of his Letter, he has obliged me to tell you so. His Letter is certainly calculated to give an unfair impression of existing circumstances and may perhaps induce you to suppose, that I have discovered a Selfishness unbecoming my Situation. To shield myself from an imputation of this kind, I will take the Liberty to state to you, the impressions under which I acted.
In the first place, I was convinced that Mr Pinckney was going to Italy for his own private amusement & not on Public Business, of which there was much for him to attend to in this Country, & so far as I knew, none in Italy. I had myself advised him against going & therefore was not answerable for the consequences. I knew that his Departure would place me in a Situation more laborious & more expensive than the one in which I was. I saw that he was not disposed to make any Compensation or provision for the one or the other, and I felt no particular obligations to him for his Treatment to me as Secretary, for he had refused me the Privilege of living in his Family, and had never shewn the slightest Disposition to accommodate me, when that accommodation was to cost him Money. I therefore demanded what I supposed to be my Right.
Had I been a member of Mr Pinckneys Family, & he had left me the means of living as became my present Situation, or had I reason to beleive that he was going to Italy on Public Business, I declare to you that I would not have asked an increase of Salary during his absence; but as I am situated I think I should discover a want of proper Independence if I did not do it. Whether I am right or wrong, is now for the President to decide, and to his Decision, whatever it may be, I shall feel it my Duty to submit with a cheerfulness which will mark my Conviction of its Rectitude. With Sentiments of the Highest Respect I have the Honor, to be, Sir Your Mo: Obt Hble Servant
John Graham
P S. Mr Pinckney has hitherto declined pointing out any particular allowance for me & as my accounts with him remain unsettled, I cannot say what he will pay for me.

   RC and enclosures (DNA: RG 59, DD, Spain, vol. 6). For enclosures, see nn. 1, 4, and 5.

   Graham enclosed a copy of his letter to Pinckney, 7 Nov. 1802 (2 pp.; marked “No 1”), in which he stated that he felt entitled to the salary of a chargé d’affaires, since he would be acting in that capacity during the minister’s absence, and as Pinckney had refused, Graham informed him that he was submitting his claim to JM.

   For Rose Campbell, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:55 n. 1.

   Traspaso: moving expenses.

   Graham enclosed a copy of his letter to Pinckney, 23 Nov. 1802 (2 pp.; marked “No 3”), in which he informed the minister of the changes in living arrangements that he had made since Pinckney’s departure, adding, “Mr Young retains the Key of your Cellar, & I hope you will find your Furniture very little injure’d by the use which I shall make of it.”

   Graham enclosed a copy of Pinckney to JM, 7 Nov. 1802 (3 pp.; marked “No 2”).


Title: To James Madison from Thomas Newton, 28 November 1802
From: Newton, Thomas
To: Madison, James

Dr Sir
Norfolk 28th Novr 1802
Inclosed is mrs Bonneville’s order on Mr. Thomas Paine, which I have no doubt will be paid I will thank you to give it my Son who will be in Congress. Captn. Stanleys acct. £22:10 Sterling Mr. Paine had better remit by a bill on some of the Offices here, who have public money in their hands—excuse me troubling you on such an Occassion. A lady a Stranger & wanting supplies & a request to do it, could not be resisted I shall be glad to serve you here. Ys respectfully
Thos Newton

   RC and enclosure (DLC). For enclosure, see n. 1.

   Newton enclosed a 27 Nov. 1802 order on Thomas Paine for $120 “for my expences to Bordenton,” signed “Brazier Bonneville” (1 p.). At the foot of the page, Thomas Newton, Jr., wrote, “Recd. the above from the Bank of discount and deposit at Washington / Feby 22. 1803.” Paine had lived for five years in France with the revolutionary printer Nicolas de Bonneville, who planned to accompany him when he left France. Though Bonneville apparently was not allowed to leave the country, his wife, Marguerite Brazier de Bonneville, and their three sons followed Paine to the U.S. where he established them on his property in Bordenton, New Jersey. On 15 Nov. Paine had written Marguerite de Bonneville at Norfolk that he would pay Captain Stanley the balance of their passage. He added that she should apply to JM’s friend Thomas Newton to supply her with such money as she required and Paine would repay it through JM (Philip S. Foner, ed., The Complete Writings of Thomas Paine [2 vols.; New York, 1945], 2:1430–31; Jack Fruchtman, Jr., Thomas Paine: Apostle of Freedom [New York, 1994], pp. 369, 386–87).

   Republican Thomas Newton, Jr. (1768–1847), of Norfolk, Virginia, was elected to the Seventh through the Twentieth and the Twenty-second Congresses.


Title: From James Madison to Thomas Dulton, 28 November 1802 (Abstract)
From: Madison, James
To: Dulton, Thomas

28 November 1802, Department of State, Washington. “In consequence of your letter of the 11th. of this month [not found], I have directed the transcript of the proceedings in your case, at Caraccas, to be returned herewith. The enclosed letter to Mr. Pinckney contains a recommendation of your business to his attention as you will see by the extract which I send you.”

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

   See JM to Pinckney, 23 Nov. 1802, and n.


Title: To James Madison from John Martin Baker, 28 November 1802 (Abstract)
From: Baker, John Martin
To: Madison, James

28 November 1802, New York. States that the islands of Majorca and Iviza belong to the consulate of Minorca, which he solicits. He and his family are ready to embark as soon as he receives JM’s commands.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Baker”). 1 p. Docketed by Jefferson.

   See PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:501–2 and n. 2.


Title: From James Madison to William C. C. Claiborne, 29 November 1802
From: Madison, James
To: Claiborne, William C. C.

Sir,
Department of State November 29. 1802.
I commit to your particular attention the inclosed letter to Mr. Hulens which covers one from the Spanish Minister here, on the subject of the late decree at N. Orleans against the deposit of American merchandize at that place. The letter to Mr. Hulens is left open, that you may know the light in which this proceeding is viewed by the President and the steps taken in consequence of it. You will be sensible of the importance of hastening the transmission of the dispatch. If a satisfactory conveyance be not at hand, and particularly if the progress of the merchandize down the river should require an immediate one, the President wishes you to make use of an hired express. I am &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14); Tr (Ms-Ar: Claiborne Executive Journal).

   The Tr reads “others.”

   See JM to Hũlings, 29 Nov. 1802, and n. 3.


Title: From James Madison to Carlos Martínez de Yrujo, 29 November 1802 (Abstract)
From: Madison, James
To: Yrujo, Carlos Martínez de

29 November 1802, Department of State. Asks for the letter Yrujo intended to transmit to New Orleans through the State Department “if it can be expedited before 3 OClock this day; as at that time [the] Secretary’s Dispatches for the Mississippi will be closed.”

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


Title: To James Madison from William Jarvis, 29 November 1802 (Abstract)
From: Jarvis, William
To: Madison, James

29 November 1802, Lisbon. Last wrote on 26 Nov. via the brig Washington of Provincetown covering a dispatch from Pinckney. Now forwards another received at the same time. “The following is an extract of a letter from Mr Gavino dated 9 Novr. ‘You will have heard of the American Ship Prosperity of Philada. being ordered out of Cadiz on accot. of the Fever in some of the U. S. She arrived here the 6th Ins’t & agreeable to a late order from King & Council … subjecting all Vessels from Maryland & Pensylvania to 14 days quarantine provided no one has died on the passage or sick on board, She has been notified said quarantine but in the mean time is allowed to land the Cargo under quarantine restrictions. It consists of 2000 bars flour & Staves. She has a clear Bill of Health from New Castle [Delaware]. The Govr. of Tangier lately demanded of Consul Simpson & the Swedish Consul passports for the Ship here in question to enter Tripoli which were refused & represented to the Emperor but no answer. Said Govr. has recalled the Emprs. Passport & Certificates which were sent here for said ship & to lay her up, which has been complied with, she has only 12 Men on board. The frigate Adams is at anchor at Algesiras.’”

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

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


Title: To James Madison from Elijah Russell, 29 November 1802 (Abstract)
From: Russell, Elijah
To: Madison, James

29 November 1802, Concord, New Hampshire. As publisher of “a Republican newspaper,” the American Republican Gazette, which circulates from Concord to Portsmouth and north to Coos, he wishes to print the federal laws. Presumes the propriety of publishing the laws in his paper in preference to their being printed in two newspapers in one town is obvious. John Langdon told him “in June last” that JM and the Republicans had intended to have the laws published in the Republican Ledger at Portsmouth and in his paper, but the order named the New Hampshire Gazette by mistake. Langdon presumed the error would be rectified when the contract expired or at year’s end. Asks JM to order that the contract be given to him, since the Federalist printer “who issues a weekly paper of libels and slanders against the General Administration [is] rewarded by our State Legislature with the appointment of ‘State Printer.’” Patronage would give his paper “a greater weight with the Federalists who boast of the public patronage bestowed on their favorite printer, my inveterate antagonist who is continually and incessantly using all the power of his press to bring Republicanism and all Republicans, especially the present administration, into disrepute with the People,” a goal in which “the Tory party in New Hampshire” has been only too successful.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Russell”). 3 pp.

   For an earlier attempt to rectify this mistake, see Woodbury Langdon to JM, 6 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:449 and nn. 2 and 3).


Title: From James Madison to John and James De Wolf, 30 November 1802
From: Madison, James
To: De Wolf, John,De Wolf, James

Gentlemen,
Department of State Washington 30th. Novr. 1802.
Your letter of the 18th. has been received stating that the board of Commissioners sitting in London under the British Treaty had refused your claim for further compensation on account of the capture and condemnation of the Snow Sukey, grounding their refusal on a mistaken conception, that the slave trade, in which she was engaged, was contrary to our laws at the time of capture.
If you recur to the article of the treaty under which the board is organized, you will find it stipulated, that their awards shall be “in all cases, final and conclusive,” and of course that no recurrence can be made, after they shall have decided, to any other authority to correct them. The awarding of costs and damages, which constituted the cases of your claim, being generally influenced by a variety of circumstances, and your Agent stating no more than that he understood the illegality of the slave trade was the ground of the unfavorable decision, it does not appear in fact, with much certainty, what it really was. But it might not be unadviseable for you to instruct your agent to make further enquiry, and if his intimation proved true, to suggest the mistake to the commissioners in the most suitable manner, that they may if possible, cause their decree to be reviewed. I am &ca.
James Madison.

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

   Letter not found.

   John and James De Wolf were wealthy slave traders from Bristol, Rhode Island. James was first elected to the Rhode Island legislature in 1802 and served in that body more than thirty years.


Title: To James Madison from Daniel Ludlow, 30 November 1802 (Abstract)
From: Ludlow, Daniel
To: Madison, James

30 November 1802, New York. Encloses a receipt from Capt. Charles Muir of the Mary for a box directed to JM from Leghorn. Has paid freight of $2 and duties and permit of $3.50 and asks JM to pay Robert Smith for Ludlow’s account.

   RC and enclosure (DLC). RC 1 p. Enclosure (1 p.) is Muir’s receipt, dated 27 Nov. 1802, for a box received at New York which he promised to deliver to JM at Washington.

   This was probably the marble bust of Washington that Thomas Appleton sent JM (Appleton to JM, 8 Sept. 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:559).


Title: From James Madison to Edward Thornton, 3 December 1802
From: Madison, James
To: Thornton, Edward

Sir,
Department of State December 3rd. 1802.
On the intimation given me in your letter of the 25th. of August that the accounts received from the Officers of the United States in the port of Boston on the subject of the repairs necessary to fit the Snow Windsor for sea were impeached in a high degree by additional information you had received from the British Consul, another enquiry was made at Boston. This step was taken from an aspersion [sic] to weigh how far the British Consuls representations might in general be more free from error and impeachment than were those of our officers with the Collector of Boston at their head, in a case wherein the treaty imposing no obligation upon this Government, it had taken upon itself to comply with your request.
I have accordingly been furnished with the several depositions of Mr. Isaiah Doane of Boston, the Agent employed by the captors to fit the vessel for sea, and of Mr. John Marston the purchaser: whence you will see that from her condition at the time the order for her departure was received at Boston, which was about the 10th. of Septr. it would require two months to fit her for sea and that it was by an arrangement between the English Captain and the Agent of Captor, that the vessel was to have been kept for the former at a stipulated price to be paid on his return, Counting therefore these two months, we shall reach the middle of November when the preliminary articles were known and the Armistice took effect in our seas. Your first complaint on the subject of the Windsor dated on the 27th. July 1801, was rendered more precise by your letter of the 1st. of August following. The former I received as I was departing for Virginia, and the latter after my arrival there. But altho’ the President who was then also in Virginia and myself were situated in different parts of the Country, it appears that his orders were received at Boston by the 10th. of September.
From the above statement it is hoped that you will be convinced we have used no undue delay in regard to this vessels [sic] and that no compensation is due to the owners for the loss of their chance of recapture; more especially as their Agent the Captain assented to her continuing in port, and the order for her departure was not required by the Treaty.
I shall add only one remark that the Captors having been previous promiscuously collected and whose enterprize must  its object rather the obtaining of their liberty than making prize of the vessel their want of  both for her prompt reparation and for skilfully navigating her must distinguish this case from others where such circumstances did not prevail. I have the honor to be &ca.
James Madison.

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

   JM was no doubt referring to Thornton’s 27 Aug. 1802 letter (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:523–24).

   See Gallatin to JM, 8 Nov. 1802, and n.

   JM was probably referring to Thornton’s 23 July 1801 letter (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:463).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:5.

   Left blank in letterbook.

   Left blank in letterbook.


Title: From James Madison to David Sewall, 3 December 1802 (Abstract)
From: Madison, James
To: Sewall, David

3 December 1802, Department of State. Will lay Sewall’s 20 Nov. letter [not found] before the president. No commissioner of bankruptcy has been appointed since those named in the letter to Widgery [not found]. Proper notification of the appointment of commissioners of bankruptcy is considered to be the exhibition of their commissions; therefore, no other evidence of the appointment has been added.

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

   David Sewall (1735–1825), a prominent citizen of York, Maine, graduated from Harvard in 1755 and was appointed judge of the U.S. district court for Maine in 1789. He retired in 1818 (Charles Edward Banks, History of York, Maine [1931–35; 3 vols.; Baltimore, 1967 reprint], 2:390–91).


Title: To James Madison from John M. Pintard, 3 December 1802 (Abstract)
From: Pintard, John M.
To: Madison, James

3 December 1802, Richmond. From his conversation with JM “a few weeks Scince, at Washington,” was led to believe “that a Successor to me as Consul for Madeira, will Shortly be appointed; Under the Impression, that I, myself, have abdicated the Place.” Is not conscious of having given any reason for such an inference, but rather he “expressly Requested” JM and the president to continue him in that office unless they appointed his kinsman, Lewis S. Pintard. Submits, however, to the president’s will. Understands that Marien Lamar of Maryland is one candidate for the post. Is well acquainted with Lamar and recommends him as “a native American, a good and Sincere Republican, and well acquainted with the trade, Language, and Customs” of Madeira. “With respect to myself, Concious of my … endeavours to fill my office with dignity, and respectability; concious of having given universal Satisfaction to … my fellow citizens who have had the Best opportunities of judging of my Conduct; I fear not … the Strictest Investigation of it.… If at any time hereafter my Services are required, I am ready to obey the call.”
Mentions that he lived for eighteen months in Cádiz, Seville, and Madrid and knows Spanish perfectly; accordingly, offers himself as a candidate for the commission under the recent Spanish convention. Is confident he could render “essential Services” to Americans and knows he is in good standing with the Spanish government. Would consider the appointment a mark of the president’s confidence in him. A letter to him should be sent in care of Moses Myers at Norfolk. Since his American connections are “allmost to a Man, on what is called the Federal Side,” doubts regarding his own political sentiments may arise. Avows “unequivocaly” that he is “a decided Republican and warmly attatched to the present administration.” Refers JM to Pierce Butler of South Carolina for verification.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Pintard”). 4 pp. Docketed by Jefferson.

   Pintard wrote JM again on 14 Dec. 1802 (ibid.; 2 pp.; docketed by Jefferson), explaining that he had spoken to James Monroe “who I find is well acquainted with my character as a man, and Conduct as a publick officer.” He referred JM to Monroe, saying that he believed if JM and the president knew him he would either receive the appointment as commissioner or be continued as consul. He added that he was leaving for Norfolk on 15 Dec. and would be grateful for a speedy reply. On 3 Jan. 1803, John Randolph wrote Monroe, “I mentioned to mr M. [JM] the pretensions of mr Pintard, who did not explicitly say, but hinted, that some circumstances of an awkward nature, occurring perhaps during his consulate, rendered his appointment ineligible” (DLC: Monroe Papers).


Title: To James Madison from Samuel Trumbull, 3 December 1802 (Abstract)
From: Trumbull, Samuel
To: Madison, James

3 December 1802, Stonington, Connecticut. Apologizes for introducing a subject on which he has written JM once before [not found]. Is prompted not only by the prospect of benefit to himself but also by the “application of many good Citizens.” States that the publication of federal laws has been confined to printers in Hartford. Consequently at least two-thirds of the population have been unacquainted with the laws. As a result, “enemies to our Government” have misrepresented the “meaning and intention of such laws, to the great injury of order” and of the present administration. Few Hartford papers circulate east of the Connecticut River. “They are spread up the River & West of the same.” Notes that five weekly papers are printed east of the river and all but one are federal. The remaining one consequently circulates “through almost every town” in eastern Connecticut and a large part of western Rhode Island. Encloses the paper for JM’s inspection. Should JM decide that “propriety would countenance” the printing of the laws and other public matters east of the river, the editor of the enclosed newspaper “merits the favour.” Assures JM “every thing shall be done” to give satisfaction on the same terms as other printers receive.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Trumbull”). 1 p.

   The Hartford American Mercury and the New Haven Connecticut Journal had contracts for printing the laws of the U.S. (Smith, Press, Politics, and Patronage, p. 46).

   Trumbull published the Stonington Impartial Journal. Of the five papers printed at or east of Hartford in 1802 the Hartford Connecticut Courant, New London Connecticut Gazette, Norwich Connecticut Centinel, and Norwich Courier were Federalist to varying degrees, while the Hartford American Mercury was Democratic (Stewart, Opposition Press of the Federalist Period, pp. 869–70; Brigham, History and Bibliography of American Newspapers, 1:72).


Title: To James Madison from Samuel Meeker, 4 December 1802 (Abstract)
From: Meeker, Samuel
To: Madison, James

4 December 1802, Philadelphia. States that “considerable doubts” have arisen regarding admission into Great Britain (except for export) of foreign cotton, imported and reshipped from the U.S. and carried directly there, because of the act passed by Parliament on 22 June 1802. The interests of U.S. merchants are so “materially connected” with the interpretation of this act that it is “important for them to be informed correctly, both for their security & as respects the carrying trade of so material an article in our ships.” Is informed by letters from his partners at New Orleans of the intendant’s proclamation closing the port to foreigners and prohibiting the freedom of deposit to Americans in violation of article 22 of the treaty of amity and commerce with Spain. This action was acknowledged by Salcedo in conversation “as a notorious violation of good faith, & considered by him as an act of hostilities.” The measure has totally suspended the commerce of the western country, and its produce, much of which is perishable, will be a total loss without immediate relief. Estimates the exports by way of the Mississippi River for “the ensuing season or from January to July next” (based on information from “most of the principal Merchants in the Western Country, & from the number of vessels cleared chiefly American & principally laden with American produce, at Orleans during the same period last year”) to be $1,500,000 in flour, pork, beef, and lard and $500,000 in tobacco, hemp, cordage, ginseng, peltry, and beeswax. Calculates “Cotton &ca.” from Tennessee at $1,000,000 and from the Mississippi Territory also at $1,000,000. “I compute 250 vessels of 250 tons each necessary, to convey to Foreign ports, from the place of lading in the Mississippi, the said produce.” Extracts taken from customhouse books show the following totals and values for three articles of American produce entered at New Orleans in 1801: cotton, 11,191 bales “of Natchez,” $1,119,100; tobacco, 20,000 hogsheads “Kintucky,” $100,000; flour, 50,000 barrels, “chiefly Pennsylva.,” $400,000. These total $1,619,100, “all other property excepted”; and it is believed by all who have a knowledge of that trade that in 1802, because of the increase of cotton at Natchez and in Tennessee, together with the articles constituting the exports of the present year, “that the value thereof is not over rated.” From 1 Feb. to 10 June 1802 “100 vessels of from 100 to 300 Tons cleared at Custom house of Orleans,” and it was then calculated that eighty more ships “of from 100 to 300 Tons” were required to move the produce in storage. “The operations of our establishment at Orleans which is principally connected with the Western Country and the carrying trade, being totally obstructed & producing such important consequences, has prompted me to this communication, with the fullest confidence that you will give the subject such consideration as in your judgment shall appear proper.”

   Tr (DNA: RG 59, ML). 4 pp. The Tr is a letterpress copy, in the hand of a State Department clerk.

   Philadelphia merchant Samuel Meeker had dissolved his partnership with William Cochran in 1797 and established the firm of Meeker, Denman and Company (Pa. Magazine of History and Biography, 53 [1929]: 380).

   See Daniel W. Coxe to JM, 8 Oct. 1802, n. 2.


Title: To James Madison from Edward Tiffin, 4 December 1802 (Abstract)
From: Tiffin, Edward
To: Madison, James

4 December 1802, Chillicothe, Northwest Territory. At the request of “several Gentlemen” who have the interest and welfare of the U.S. and of Ohio at heart, and following his own wishes, asks JM to mention Charles Willing Byrd to the president as a candidate for the position of district judge in Ohio should Congress create such an office in this session, which seems likely. Says that Byrd has been territorial secretary “for some time past” and was Hamilton County representative to the Chillicothe convention. Byrd is esteemed by the populace and is as “regular in Character” as anyone in the state.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Byrd”). 1 p. Docketed by Jefferson.

   Edward Tiffin (1761–1829) was born in England and received medical training in that country and in Philadelphia. He relocated to the Northwest Territory in 1798. President of the constitutional convention convened at Chillicothe in 1802, he was later elected first governor of the state of Ohio. He served as a U.S. senator from 1807 to 1809 and in 1812 JM named him first commissioner of the General Land Office (Sobel and Raimo, Biographical Directory of the Governors, 3:1191).


Title: To James Madison from Robert Johnson, 5 December 1802
From: Johnson, Robert
To: Madison, James

Dear Sr.
Decemr. 5th. 1802
We have heard from Kallander considerable abuse against Mr. Jeferrson, I think not worth attention as it comes from so infamous a Charector. I have strong suspisions of Mr. Burr, from severall circumstances, & think it will be unsafe to run him with Mr. Jefeson for the next Presidenty. I hear Rhuphus King Intends offering for the next Presidency. We hear Louisiany is to be given up to the French Goverment in that case they will be our near neighbours. Our Legislature are of oppinion, The Intendants Proclamation In the City of New Orleans is an Infraction of the treaty with Spain, as you will see by our Resolution. Unless the place of Deposit some whare near the mouth of Missippi suitable to Land Sea Vessells, Can be protected under or by our own Government it will not be very much to our advantage or prosperity, to have this right of deposit, in my oppinion, because they being Enimical to our Interest, will find many Indirect ways to Injure us. I have understood the Indians about Post Vincenes have agree that a Certain Territory Shall be assertained & Given up to the U. Sts. formerly Granted to the French & that the Salean Lick below the Wabash may be worked by the U. S. &c.
A Diversity of oppinions in our Country Lately on Bletonism, a Great number of Experiments have been & are making to find Salt Water, some of which prove to be good others fail by fresh Water Breaking in &c. Salt Water is found by direction of persons that uses the Rod or twig, in Nicholass County Burbourn, Scott, Madison &c. The Company of Bleatonists that are most in practice Require $100 if The place they shoe proves Suffitiant for working twenty Kettles of good salt water. King at Holron Rented Prestons lick to lay Idle—those at Mans lick in Kentucky Rented Bulletts Lick & does not work it, by this means Salt is not so easy baught. My son & Co. sunk a well under the direction of the Bletonist Lately on Elkhorn Waters about 7 miles from my house about three Quarters of a mile from a small deer lick whare there was no appearance of a Lick or Salt Water & about the debth of 25 feet Which he was told by the person, he has found Salt Water supposed to be as good as Manns or Bulletts lick. This has hapened in a few days past. Many other Things these Bletonists undertake to tell &c. If the Salean Lick is to be occupied by authority or permision of The Government Will thank you to Let me know if I can Rent or purchase the priviledge of working The whole or one half sd lick. Colo. Greenup would probably Join me. Your attention & answer to this and other parts of this Letter Will Oblidge me. I live in Scott about two miles from Geo Town. I am With Much Respect Your Obt. Hle. Servt.
Robt. Johnson

   RC (DLC).

   James Thomson Callender.

   On 1 Dec. the Kentucky legislature passed a memorial addressed to the president and Congress informing them of the closing of the deposit and pledging to support “at the expence of our lives and fortunes, such measures as the honor, and interest of the United States may require.” The resolution was presented to the House of Representatives on 28 Jan. 1803 (National Intelligencer, 17 Dec. 1802; Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 2d sess., 442).

   At a meeting between William Henry Harrison and the chiefs of several of the Indian tribes at Vincennes in September 1802, the latter had agreed to cede to the U.S. the great salt spring on the Saline River entering the Ohio below the Wabash (in what is now Saline County, Illinois). Although several Indians visiting Washington in the winter of 1802–3 claimed the spring was only lent for one year and complained of the “unfair means” used to obtain the assent of some of the chiefs, the spring was finally ceded to the U.S. in article 3 of the treaty signed on 7 June 1803 at Fort Wayne. In March 1803 Congress had already authorized the president to institute a saltworks or to lease out the spring (Carter, Territorial Papers, Indiana, 7:86–87; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Indian Affairs, 1:688; U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:235; Esarey, Messages and Letters of William Henry Harrison, Indiana Historical Collections, 1:56–57).

   Dowsing.

   Christopher Greenup (ca. 1750–1818) was a Kentucky lawyer who served his state as a U.S. congressman, 1792–97, and as governor, 1804–8 (Sobel and Raimo, Biographical Directory of the Governors, 2:509).

   Robert Johnson (1745–1815) was a resident of Orange County, Virginia, until his removal to Kentucky in the late 1770s. He held a variety of public offices, including service as a delegate to the first and second conventions that proposed Kentucky statehood, 1784–85 (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)., 9:130 n. 5).


Title: From James Madison to Isaac Hite, 6 December 1802
From: Madison, James
To: Hite, Isaac

Dear Sir
Washington Decr. 6. 1802
Since my last I have recd. yours communicating the sentiments of my mother & yourself on the proposition towards a compromise in the family. I have written to my brother in consequence, recommending a speedy execution of it. My intentions towards Nelly are known to you. Those of others except yourself, are not particularly known to me. I think it best that the other object should be secured as soon as possible, among other reasons, because it will increase the proportion put into my hands of giving effect to that part of the Memorandum. Has nothing been yet done with Mr. Potter? Your account of my sisters health is very afflicting. I pray that I may soon be relieved by a more favorable one. We hear nothing from Tripoli. Morocco seems to be returning to a right temper. The affair at N. Orleans I hope will be corrected before much injury ensues. It is now certain that the Decree issued from the Intendant with orders from Spain, & in opposition to the sentiments of all the other local Authorities. Accept from my wife & myself the sincerest affection for my sister & yourself

   RC (InHi). Unsigned. Addressed and franked by JM.

   The extant letter from JM to Hite previous to this one is dated 24 Nov. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:267–68).

   Letter not found.

   Letter not found.

   For the estate of James Madison, Sr., and the property he wished to bequeath to Nelly Conway Madison, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:197 n. 2.

   Ebenezer Potter had apparently considered buying the Madison County mill, which was entangled in the settlement of the estate of JM’s father, but he eventually declined (Potter to JM, 23 June 1803 [DLC]; see also PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:125–26 n. 1).

   JM’s sister Nelly Conway Madison Hite died on 24 Dec. 1802 (WMQWilliam and Mary Quarterly., 2d ser., 5 [1925]:274).

   JM no doubt meant to write “without” (see JM to Robert R. Livingston, 17 Dec. 1802).


Title: To James Madison from Joel Early, 7 December 1802
From: Early, Joel
To: Madison, James

Sir
Green County Georgia December 7th. 1802.
About to address you it remindes of a day in which we had a personal acquaintance. It also brings fresh to memory the Monstrous Mistake under which I then Lay as to the Tendency of your Politicks. You Sir have Sience been Conspicuous. Your Policy has long Sience had my abprobation. Believe me all doubts are vanished and not even a Shaddow remains.
I have never had my Sensations moer Tortured than have existed the present year. The Low Calumny of our Federal breathren heaped on the private charactor of Mr. Jefferson (one of the most Genuine Patriots that have ever lieved) declares unequivocally their factious Temper. They must rule or they will Hazard all. In Georgia their number is Inconsiderable. With their adhereants it cant exceed Fore hundred, an equal proportion of which are (mostly foreigners) Trading on British Capital, and the residue but little acquainted with Husbandry. Though small their number resideing as they do in Commercial Towns with printing presses at their command, they are verry Troublesom.
Although by Treaty with the Creek Indians a purchase have been effected. It is so Small and moer than an equal proportion so Barren. It yieldes but small gratification to our people. It is in effect only a repurchase of the Talisee County. The line now agrea’d on gives a large proportion of That to the Indians and renders a narrow String up the Oconee a Substitute.
Such have been the peacible temper of those indians for years back that with our Frontier people they have a close Intimacy. They visit Alte⟨r⟩nately. A number of our Men Some of whome are justly intitled to Confidence Say that with a proportioned price the Ogemulgy fork and Talisee County could as easily have been bought as the Small purchase in question. They do not hesitate to say that Colo. Hawkins dictated the Size and form of the tract purchased. They ad that Several Indians in their presence have Sience Murmured that the line now of Seperation between them and the white people contrary to usage was nearly all a land line and that they would have prefered the Ogemulgy river.
My Son, Peter, whoe has buisiness at the Seat of Government is charged with & has promised to deliver you this in person. Believe me I am Sir your friend & Huml. Servt.
Joel Early

   RC (DLC).

   Joel Early (d. 1806) of Culpeper County, Virginia, served with JM in the Virginia ratifying convention of 1788, where he voted against the adoption of the U.S. Constitution. He continued his Antifederalist activities by making verbal attacks on JM during his 1789 congressional campaign. Early eventually moved to Georgia, where he lived in “the style of an old English Lord” on his estate, Early’s Manor, at Scull Shoals in Greene County (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)., 11:419 n. 2, 423–24; Thaddeus Brockett Rice and Carolyn White Williams, History of Greene County, Georgia, 1786–1886 [1961; Spartanburg, S.C., 1979 reprint], pp. 100, 288, 438).

   In the Treaty of Fort Wilkinson of 16 June 1802 the Creek Indians ceded to the U.S. two long narrow strips of land, one running to the east of the Apalachee and Oconee Rivers and the other running from the Lower Altamaha to St. Marys River (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Indian Affairs, 1:669; Angie Debo, The Road to Disappearance [Norman, Okla., 1941], p. 378).

   According to article 4 of the 1802 agreement between the U.S. and Georgia, the former agreed to obtain the Indian title to the Talassee country and to the lands within the fork of the Oconee and Ocmulgee Rivers for the use of Georgia (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Public Lands, 1:126).

   Peter Early (1773–1817) was born in Virginia and graduated from the College of New Jersey at Princeton in 1792. He represented a Georgia district in the House of Representatives, 1803–7, during which time he served as a manager in the impeachments of John Pickering and Samuel Chase. He was later appointed first judge of the superior court of Ocmulgee circuit and served as governor of Georgia from 1813 to 1815 (J. Jefferson Looney and Ruth L. Woodward, eds., Princetonians, 1791–1794: A Biographical Dictionary [Princeton, N.J., 1991], pp. 158–59, 162, 163–64).