Title: From James Madison to Thomas Jefferson, 28 August 1803
From: Madison, James
To: Jefferson, Thomas

Sir
Sunday Aug. 28. 1803
I have recd. your two favors, one of the 24th. instant the other covering the letters from Mr. Gallatin, & Barnes now returned.
I had thought it might be best not to answer Thornton’s letter because in some parts his manner did not deserve it, because he speaks with out the known sentiments of his Govt. and because the Minister of higher grade expected, will be likely to give a more eligible opportunity for these discussions. As I promise the pleasure of being able to take your directions in person in the course of this week probably towards the last of it, I shall do nothing in the case till I can do it with that advantage. The British Govt. I apprehend will not act with us on the subject of seamen, in the manner you hint at. They would sign no convention without reserving to themselves the claim to impress seamen in the narrow seas, and as this was evidently inadmissible, it was no doubt made a condition with a view to prevent any arrangement, and to carry on the impressments as heretofore. In consequence of your letter of  I had directed Derieux to be paid his charge of $300 for actual expences, as Hughs was paid his. If any thing farther should be thought just in his behalf it can be added. I inclose the communications recd by the last mail from Washington. Pederson I presume may be told that he will have access to the Govt. as the substitute of Olsen, who signified his wish to that effect. Will you be so obliging as to have the confidential letter from Monroe to the three Senators put into the hands of Mr. Nicholas. You will see by his public letter that his liberality has been very near seducing him into a very ticklish situation. I have not yet been able to decypher the letter to you from Mr. Livingston, having but just recd the Cypher. I will execute the task for the next mail. I think K’s prejudice must have given a strong coloring to his remarks on E. The caution alluded to in Mr. Gallatin’s letter, was if I do not misrecollect observed in the instructions from the Dept. of State. Yrs. most respectfully
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 31 Aug. and with the notation: “our ports made cruising stations. impressmt seamen. Derieux. Erving.”

   Jefferson to JM, 18 Aug. 1803.

   Edward Thornton to JM, 13 Aug. 1803 (first letter).

   Left blank in RC. JM referred to Jefferson’s letter of 18 Aug. 1803.

   For Monroe’s letter to Mason, Nicholas, and Breckinridge, 25 May 1803, see Monroe to JM, 8 June 1803 (first letter), and n. 1.

   In Gallatin’s letter to Jefferson, 18 Aug. 1803 (DLC: Jefferson Papers; printed in Henry Adams, ed., The Writings of Albert Gallatin [3 vols.; Philadelphia, 1879], 1:140–44), he described a conversation he had had with Rufus King in which King had told him that “he thought it his duty to say that we ought to keep Mr Erving’s accountability under strict controul … he should not have the command of so large a sum; (about 40,000 £ St.) that Mr E.’s father was extravagant & had entered into some silly speculations, by one of which he had lately lost several thousand pounds.”

   JM to Erving, 19 Apr. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:539).


Title: To James Madison from Thomas Jefferson, 29 August 1803
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Aug. 29. 1803.
By the last post I recieved & forwarded your letter to Duane, in which there was nothing but what was safe and proper. Duane is honest, & well intentioned, but over zealous. These qualities harmonise with him a great portion of the republican body. He deserves therefore all the just & favorable attentions which can properly be shewn him. By the same post I recieve from the collector of Norfolk the information you desired him to give in the case of capt Cloupet & the contraband negroes. I presume it is by mistake he says he recieved the orders from the Secretary of the Treasury. I now inclose his papers to you with those recieved from you on the same subject. If you think with me that the case is of too doubtful an aspect to justify so early an interposition, it may lie awhile, and with the less inconvenience, as we cannot remit the right of the prosecutor qui tam. Should you think otherwise I shall be ready to reconsider it at any time. I return you the letter &c of Gavino. Our two frigates and 4. small vessels have all sailed for Tripoli, and as those in the Mediterranean have at length appeared there, we may hope something will be done this season. I am afraid what has been done as to the Marocco-Tripoline may give us some trouble.
Govr. Page arrived here last night & will stay a week with us. I am not without hopes of seeing you in that time. Altho’ the post comes from Alexandria here in a day, & every other day, yet I think your letters to me & mine to you are sometimes 5. days old before they are recieved. It is true that I sometimes write on Saturday the letter which goes on Monday, and often write one day before the post. This may account for one & sometimes 2. days of the five. Accept my affectionate salutations for mrs. Madison & yourself & assurances of sincere attachment.
Th: Jefferson

   RC (DLC); FC (DLC: Jefferson Papers). Enclosures not found.

   JM to William Duane, 20 Aug. 1803.

   For the case of Captain Cloupet, see Pichon to JM, 26 July 1803.

   Qui tam: “‘who as well.’ An action brought by an informer, under a statute which establishes a penalty for the commission or omission of a certain act, and provides that the same shall be recoverable in a civil action” (Black’s Law Dictionary [6th ed.], p. 1251).

   John Gavino to JM, 18 June 1803.

   For the case of the Meshouda, see James Simpson to JM, 9 July 1803.


Title: To James Madison from Thomas Appleton, 29 August 1803 (Abstract)
From: Appleton, Thomas
To: Madison, James

29 August 1803, Leghorn. Wrote in his last letter about “the situation of our commerce with this port” and in particular about the brig Boston of Philadelphia, which “is still under arrestation.” “The french commercial agent after repeated assurances of speedily examining the papers” determined that they should be examined in Paris, where the whole business should be decided by the tribunal of prizes. Commodore Morris on his arrival in Leghorn inquired about the status of this port; the French commander replied that the city was “in all respects … a port of the french Republick.” It “became … indispensable” that U.S. merchants be made aware of this fact so that they might “avoid the inconvenience arising” from the arrêté of 1 Messidor [20 June 1803], a copy of which he encloses. With Morris, carried a petition from the Leghorn merchants to the queen regent in Florence, explaining “the extreme injury that would arise out of the execution of a law apparently intended only, for the ports of France.” “We were very favorably received by them, nor was it difficult to impress their minds with the importance of my mission … as the commerce of Leghorn is … more productive to her majesty than all the remainder of her dominions.” Obtained assurances from the queen and her ministers “that letters should be written to Genl Murat commanding in Italy for a temporary suspension of the law; and to the first Consul to obtain a modification of it,” so that U.S. ships loaded with British goods “should not be subjected to any undue detentions or vexatious suits.”
The French ambassador at Florence, General Clark, was “incensed at the conduct of the french General here,” but as Leghorn “has been declared in a state of siege, it came by no means within the limits of his jurisdiction.” He could “only recommend a less rigorous interpretation of the law.” Returned “this morning” to Leghorn, “having obtained the assurances of the Queen and her ministers, together with the intercession of the french ambassador in our behalf,” to which JM “may add the efforts of Mr Livingston at Paris.” Morris sails “this afternoon”; apologizes for his “not detailing the business more at length, or enlarging upon subjects of a political nature.”

   RC (DNA: RG 59, CD, Leghorn, vol. 1). 3 pp.; docketed by Wagner with the notation: “Extract to be made.” Enclosure not found.

   Appleton to JM, 8 July 1803.

   For the arrêté, see Livingston to JM, 25 June 1803, and n. 2.

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


Title: To James Madison from Robert C. Gardiner, 29 August 1803 (Abstract)
From: Gardiner, Robert C.
To: Madison, James

29 August 1803, Gothenburg. Wrote last on 6 Apr. and 2 Aug. Encloses “extracts of a tryal held before the Lord Mayor and Aldermen of this City” in which Gardiner acted as defendant on behalf of Captain Wadsworth, in support of “a Contract signed by two Swedish Seamen to perform a Voyage in the Brig Neutrality of Boston, where it was particularly specified that no Wages should be demanded or payed before the Voyage was performed.” Suggests that the fact be published that “Contracts signed by Swedish subjects abroad, are no longer in force after their arrival in any of the territories of His Swedish Majesty.” It is “repugnant” to Sweden “that any of its Subjects shall be employed in foreign service and if any foreigner shall entice or take any away, he is liable to having his Ship arrested and himself subjected to a heavy fine.” Suggests that as “the American trade to this Country is greatly increasing, Cases of this nature may frequently occur,” and so informs JM of the affair. Received “yesterday” a “pacquet” from the State Department with his appointment as consul, JM’s “standing Orders to Consuls and Vice Consuls, two blank Bonds and certain other instructions and Documents all of which shall be punctually attended to.” Is planning to travel to the U.S. “for a short time in order to arrange some Business.” Will leave “as Vice Consul, David Airth Esqr: a Gentleman of much respectability.” Expects to return to Sweden “early in the Spring.”

   RC (DNA: RG 59, CD, Gothenburg, vol. 1). 3 pp.; marked “(Triplicate)”; docketed by Brent as “enclosed in Mr Airth’s letter of Jany 2d 1804.” Enclosure not found.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:486.

   “Standing Instructions to American Consuls and Vice-Consuls,” 10 June 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 1:288–89).

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


Title: To James Madison from John Gavino, 29 August 1803 (Abstract)
From: Gavino, John
To: Madison, James

29 August 1803, Gibraltar. No. 129. Refers JM to his last dispatch, no. 128 [13 Aug. 1803], and its enclosures. Encloses a duplicate of a letter from Simpson [not found]. “I informed you of the Dey of Algeir having sent away … the British Consul Mr: Falcon, said Gentleman is still here, and he tells me orders have come to Lord Nelson to take him back to Algeirs, and should they refuse recieving him with the Respect due to his Character as the Representative of Great Britain,… his Lordship is directed to act as he may judge proper for the honor of the Nation.” Notes that “the two Tripolin Row Boats … have taken their station one at Scombrera Bay, the entrance of Cartagena, the other at the Island of St: Paul, the entrance of Alicante Bay.” Reports a British convoy of about forty ships “now coming in from Malta.” “They are mostly the Traders that got away from Leghorn and other Ports of Italy.” Encloses the list of U.S. ships arriving at Gibraltar in the first six months of 1803 [not found]. Adds in a postscript: “No accounts of our ships aloft.”

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

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


Title: To James Madison from John M. Forbes, 29 August 1803
From: Forbes, John M.
To: Madison, James

Letter not found. 29 August 1803. Calendared as a three-page letter in the lists probably made by Peter Force (DLC, series 7, container 2).


Title: To James Madison from Louis-André Pichon, 30 August 1803
From: Pichon, Louis-André
To: Madison, James

Monsieur
Frederick Town, Maryland, le 12 Fructidor an 11e de la République Francaise, le 30. Aout 1803.
J’ai reçu il y a environ quinze jours, par l’intermédiaire de votre Département, des dépêches du ministre des Relations Extérieures de la République qui en couvraient une de ce ministre à votre adresse. Il m’a fallu quelques jours pour déchiffrer cette lettre ainsi que celles qui l’accompagnaient. Je me proposais d’avoir l’honneur de vous la remettre moi même et de vous donner communication des ordres qui me sont donnés par le Gouvernement francais relativement à l’echange des ratifications des Traités conclus entre la Republique française et les Etats Unis le 30 Avril dernier. Les circonstances paraissant de jour en jour plus contraires à l’exécution de ce projet et craignant d’être forcé de retourner sous peu à GeorgeTown, je crois ne devoir pas tarder plus long tems à vous faire passer, monsieur, cette lettre que je joins ici Sous le No 1. J’ai aussi l’honneur de vous addresser Sous le No 2 copie d’une dépêche du ministre des Relations Extérieures dont le contenu m’a paru devoir vous être communiqué.
Depuis l’époque où ces pièces me sont parvenues j’ai reçu aussi par l’intermédiaire de votre departement, monsieur, les Traités revetus de la ratification du Premier Consul que je suis chargé d’échanger contre ceux munis de la ratification du Gouvernement Américain. J’ai reçu en même tems des ordres pour le Citoyen Laussat qui doit agir à la Nouvelle Orléans comme Commissaire du Gouvernement français pour remettre la province de la Louisiane aux Etats Unis. Les ordres m’ont été adresser avec une dépêche du Ministre de la marine et des Colonies dont il m’a paru convenable, monsieur, de vous donner connaissance et que je joins en conséquence à la présente sous le No 3. Le ministre du Trésor public m’a fait parvenir par la même occasion une lettre ouverte adressée à Monsieur le Secrétaire de la Trésorerie que j’ai l’honneur de vous transmettre.
Les différentes pièces que je vous envoye avec cette lettre, monsieur, contiennent, comme vous le verrez, des instructions de mon Gouvernement Sur différens objets liés à l’exécution des Traités du 30 Avril. J’aurai besoin, pour exécuter ces instructions, de concerter mes dispositions avec celles que Monsieur le Président des Etats-Unis croira devoir prendre; et sous ce rapport je regrette de n’avoir pas pu comme je me le proposais avoir l’honneur de vous entretenir de ces objets. En attendant que je puisse avoir cet avantage à Washington je vous prie, Monsieur, d’agréer l’assurance de mon respect & de ma haute considération.
L. A. Pichon

Condensed Translation
About fifteen days ago, received some dispatches from the minister of foreign relations through the agency of the State Department, among which was one directed to JM. It took him several days to decipher that letter and those that accompanied it. Intended to remit that letter to JM himself and to inform JM of the orders given Pichon by his government relative to the exchange of ratifications for the treaty between France and the U.S. signed last 30 Apr. Circumstances have delayed his departure; fearing that he will be forced to return to Georgetown in a short while, thinks it best to send the letter (no. 1) enclosed in this. Also encloses no. 2, a copy of a dispatch from the minister of foreign relations, the contents of which should be communicated to JM.
Since receiving these documents he has received, also by way of the State Department, the treaty and ratification by the first consul. Is charged with exchanging these documents for the ratification by the U.S. Has also received orders for Laussat, the French commissary at New Orleans, who is charged with turning over the province of Louisiana to the U.S. These orders were sent to Pichon with a dispatch from the minister of marine and colonies, which he encloses (no. 3). The minister of the public treasury sent an open letter to the secretary of the treasury, which he also encloses.
The documents enclosed in this, as JM will see, contain instructions for the execution of the treaty of 30 Apr. In order to execute these instructions, he will need to coordinate his actions with those of the president, and thus he regrets that he cannot converse with JM on these subjects. Awaits an opportunity to do so in Washington.

   RC and enclosures (DNA: RG 59, NFL, France, vol. 1); Tr (AAE: Political Correspondence, U.S., 56:56–57). RC in a clerk’s hand, signed by Pichon; docketed by Wagner as received 1 Sept. For enclosures, see nn.

   Pichon enclosed a copy of a letter from Talleyrand to JM, 12 Prairial an XI (1 June 1803) (3 pp.; in French; docketed by Wagner), confirming the completion of the negotiation for the purchase of Louisiana, informing JM of the ratification of the treaty by Napoleon, and noting that the financial arrangements were described in a letter from Barbé-Marbois to Gallatin.

   Enclosed is a copy of a letter from Talleyrand to Pichon, 18 Prairial an XI (7 June 1803) (4 pp.; in French; docketed by Wagner), authorizing Pichon to exchange ratifications of the Louisiana treaty with the U.S. and instructing him to add two clauses in the procès-verbal: one to the effect that a British occupation of Louisiana would in no way exempt the U.S. from its obligations as spelled out in the treaty, and the second, that the treaty would become null and void unless the U.S. adhered strictly to the letter of its financial agreements.

   The enclosed letter from Denis Decrès to Pichon, 17 Prairial an XI (6 June 1803)(4 pp.; in French; docketed by Wagner), informed Pichon of the treaty signed between the U.S. and France on 30 Apr. 1803 and instructed him in the means of accepting the province of Louisiana from Spain and transferring it to the U.S. Decrès noted that Pichon should order the transfer once the ratifications were exchanged, making sure that the double operation was so coordinated that the French accepted the territory and passed it to the U.S. immediately, and he gave Pichon the power to name an agent at New Orleans if Laussat and his two top deputies should be unable to execute the treaty.

   Enclosure not found, but the letter, Barbé-Marbois to Gallatin, 18 Prairial an XI (7 June 1803) (2 pp.; in French), enclosed the contract with the Barings for the execution of the Louisiana Purchase, introduced Alexander Baring, who was coming to the U.S. to explain the arrangements further, and expressed hope that the treaty might be executed without delay (reproduced in Papers of Gallatin [microfilm ed.], reel 8).


Title: To James Madison from Edward Thornton, 30 August 1803
From: Thornton, Edward
To: Madison, James

Sir,
Philadelphia 30th August 1803
I have received directions to communicate to the Government of the United States the inclosed copy of a note, which by His Majesty’s command Lord Hawkesbury His Principal Secretary of State for foreign affairs delivered on the 28th day of June to the Ministers of the Powers most immediately interested in the navigation of the River Elbe.
His Majesty has felt deep concern in being under the necessity of having recourse to a measure of this nature: But the conduct of His Majesty’s Enemies has imposed upon him this necessity, which it has not been in his power to avoid consistently with a sense of what is due to His own Dignity and to the interests of His Subjects. His Majesty will however, conformably to what is stated in the note, be ready to discontinue the Blockade, whenever the Government of France shall, in consequence of the interposition of other powers, or of any other motive, withdraw their troops now stationed on the banks of the Elbe, to such a distance from them, as to leave the course of that river secure and open to the navigation of His subjects. I have the honour to be with perfect truth and respect, Sir, Your most obedient humble servant,
Edwd Thornton

   RC and enclosure (DNA: RG 59, NFL, Great Britain, vol. 2); Tr of enclosure (DNA: RG 59, Misc. Duplicate Despatches). For enclosure, see n. 1.

   The enclosed copy of Hawkesbury’s 28 June letter (3 pp.; docketed by Wagner) announced the establishment of a “most rigorous blockade at the entrance” of the Elbe River in consequence of French occupation of “parts of the Banks” of that river, until such time as the French evacuate their positions and “leave the course of that River perfectly free and secure to the Vessels” of British subjects “as well as of other nations.”


Title: To James Madison from James Leander Cathcart, 30 August 1803 (Abstract)
From: Cathcart, James Leander
To: Madison, James

30 August 1803, “Frigate Adams at Sea.” No. 11. Wrote in his last letters (nos. 9 and 10 [24 and 25 July]) that he was drawing on the State Department for $20,000 “in order to facilitate a negotiation between the United States and the Regency of Tripoli.” Believes “it would have been of no service what ever but the reverse, to have proceeded to Tripoli without funds or credit.” Also informed JM of his passage on a Greek ship to Malta to join the U.S. squadron. Encloses documents marked 1 through 6 to give JM “the particulars of the cash negotiation in detail.” His letter to Morris of 1 Aug. (enclosure A) will explain why he never proceeded to Malta.
On 13 Aug. the U.S. squadron anchored “in the road of Leghorn.” Presented Morris with enclosure A and an extract from Cathcart’s 9 Apr. instructions. In conversation with Morris, learned that after Morris’s negotiation at Tripoli the John Adams “totally destroy’d” a Tripolitan ship of 22 guns, that the U.S. squadron left the coast of Tripoli at the end of June and visited Malta, Messina, and Naples, that Mrs. Morris and her two children are passengers on the New York, that on board the John Adams are two Neapolitan princes, and that [William Loughton] Smith is a passenger on the Adams.
On 15 Aug. sent Morris enclosure B and received Morris’s answer to his of 1 Aug. (enclosure C). “I cant conceive what part of my letter he construes to allude to a suspension of his superintending Agency, but the very observation is sufficient proof of his jealousy that any other person should be empower’d to negociate with the Barbary States but himself.” On 16 Aug. wrote Morris again (enclosure D). “He only gave me a verbal answer, specifying that it was not in his power to comply with my request … & observed that he would endeavor to send me over to Tunis in the Adams & would order Captn. Campbell to remain three or four days for my dispatches; I gave the Comodore the perusal of my instructions & the Presidents letters to the Bashaw of Tunis.… I candidly inform’d the Comodore that I conceived that he had treated me very ill in having taken me all round the mediterranean & then sent me to Leghorn at the moment which offer’d for the puting my instructions into execution & his proceeding before Tripoli to negotiate without me … was an act which it was impossible for me to reconcile to my ideas of propriety.” He replied that he had not intended “to wound my feelings” but “conceiv’d he could negotiate with those powers without my assistance & that consequently my services were unnecessary.” Of this “government are the best judges.” It seems extraordinary that though Morris acknowledged in a 5 June letter to Nissen that he was “unacquainted with the usages of Barbary … at the moment he contemplated a negotiation he should refuse to accept the assistance of a person legally authorized by government for that purpose & who was perfectly acquainted with their views usages and intrigues.”
On 17 Aug. “Morris gave me a detail of his negotiation with Tripoli in 19 Numbers, which I took a copy of but do not forward them as you can procure one from the Navy department.” Confines himself to “one simple observation.” “In my instructions of Augt. 22nd. 1802 … is the following paragraph. ’It cannot be unfair in a prosecution of a just war or the accomplishment of a reasonable peace to take advantage of the hostile co-operation of others; As far therefore as the views of the brother may contribute to our success the aid of them may be used for the purpose, should this aid be found inapplicable or his own personal object unattainable, it will be due to the honor of the United States, & to the expectations he will have naturally form’d to treat his disappointment with much tenderness & to restore him as nearly as may be to the situation from which he was drawn, or to make some other convenient arrangement that may be more eligible to him. In case of a treaty of Peace with the ruling Bashaw of Tripoli, perhaps it may be possible to make some stipulation formal or informal in favor of the brother which may be a favorable alleviation of his misfortune.[’]”
Morris “opens his negotiation … by betraying that unfortunate mans intentions to his brother the reigning Bashaw of Tripoli & thus signs his death warrant.” Asks JM “if this conduct is either generous or consistent with the honor and dignity of the United States or the promises made by Comodore Morris to the said Bey of Dernas Agents when he was at Tunis in March last & whether it is not in direct violation of the Presidents instructions on that head.” Declares that he “would not have given this information to the Bashaw of Tripoli to have procured the United States a peace.” Refers JM to Morris’s negotiations with Tripoli (nos. 1 and 2), already forwarded to the Navy Department. On 18 Aug. Morris sent the Enterprize to Malta “in quest of a vessel sent with dispatches from the United States.” On 20 Aug. Cathcart wrote a letter (enclosure E [not found]) which he asked Morris to sign and which he intends to forward to Tripoli “to promote our interests in that quarter.” Will send copies to the State Department “in due season.”
On 21 Aug. Morris sailed for Florence in the company of Smith “in consequence of a decree of the French govt. declaring that all British manufactures & collonial produce shipp’d on board neutrals will not be admited to entry in any of the ports of the French Republic & that any goods of said description being found on board vessels of a neutral power within their ports will be confiscated.” Morris requested of General Olivier a determination on the port of Leghorn. Olivier declared Leghorn a French port, adding “that the decree of his government would be put in as full force at Leghorn as in any of the ports of France.” Morris goes to Florence “to know in what point of view the Queen of Etruria will consider genl. Olivieres declaration!” “Poor woman; her answer I presume will be Sir you see our situation, the French troops are in possession of Leghorn. I therefore must defer giving a decisive answer untill a more favorable opportunity.”
On 24 Aug. the John Adams, its Tripolitan prize, and a convoy of merchant ships sailed westward. A report circulated that two Tripolitan cruisers had sailed. “If this report is true the John Adams will stand a fair chance to fall in with them.” On 27 Aug. embarked on the Adams and sailed for Tunis, leaving the New York at Leghorn. “On my arrival I will … communicate to you every occurence worthy your attention as well as the different stages of the negotiation; I intend dispatching a Courier to Tripoli immediately after my first audience from the Bashaw of Tunis.” Has reason to hope for success, “though I must candidly confess, that I would much sooner be employ’d in battering down their walls than in paying them money.”
Has informed JM that the Netherlands had promised $80,000 to Tripoli “as the price of peace.” As the war with Great Britain prevents Dutch vessels from navigating the Mediterranean, the Netherlands have decided not to pay the amount, believing “the Bashaw of Tripolis friendship … not worth purchasing.”
In reply to JM’s request for “information relative to an adequate compensation for Mr. Nissen,” recommends that “a letter of thanks accompanied with a snuff box adorn’d with the arms of the United States set in brilliants of the value of five or six hundred dollars may be sent him as a token of the Presidents approbation of his conduct.”

   RC and enclosures (DNA: RG 59, CD, Tripoli, vol. 2). RC 8 pp.; docketed by Wagner. For enclosures, see nn. 1, 2, and 4–6.

   The enclosures referred to (7 pp.; docketed by Wagner as received in Cathcart’s dispatch no. 11) are copies of (1) Cathcart to Degen, Purviance, & Company, 24 July 1803, stipulating 8 percent interest on a $30,000 loan payable in bills upon the U.S. at thirty days’ sight; (2) Degen, Purviance, & Company to Cathcart, 25 July 1803, justifying an interest rate of 10 percent and offering a $20,000 loan, for which Cathcart would have to draw a bill of $22,222.22; (3) a certificate from the Leghorn exchange brokers, 25 July 1803 (in French), attesting to the fact that the regular discount on U.S. bills is 10 percent without including either commission or brokerage; (4) Degen, Purviance, & Company to Cathcart, 26 July 1803, acknowledging the receipt of his draft on JM for $22,222.22 at thirty days’ sight and placing $20,000 to his credit; (5) Cathcart to Degen, Purviance, & Company, 29 July 1803, requesting postponement of the negotiation of his bills because he has not been able to engage a voyage to Malta; (6) Degen, Purviance, & Company to Cathcart, 29 July 1803, informing him that the bills were negotiated two days earlier and remitted to a ship that sailed that morning for Philadelphia.

   Cathcart’s enclosure A (4 pp.; 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)., 2:503–4) is a copy of a letter to Richard Morris, 1 Aug. 1803, informing him of JM’s instructions, the powers given Cathcart to negotiate with Tripoli and Tunis, and Cathcart’s wish to join Morris as soon as possible. Requests that Morris furnish him with the means to travel from Leghorn to Tunis and Tripoli to carry out his instructions.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:494–95.

   Cathcart’s enclosure B (3 pp.; 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)., 2:512–14) is a copy of a letter to Morris, 15 Aug. 1803, transmitting a plan of negotiation for a peace treaty with Tripoli, though his inclination is to carry on the war. Believes that the prize taken from the Tripolitans, worth about $5,000, is highly valued by the bashaw and can be returned to him in lieu of the $500,000 demanded for an end to hostilities. Writes that, should Morris agree, the ship must be “painted & her yards & riging black’d & tar’d.” Notes also that he can be ready to embark for Tripoli in four hours.

   Enclosure C (2 pp.; printed ibid., 2:511–12) is a copy of a letter from Morris to Cathcart, 15 Aug. 1803, placing the Enterprize at Cathcart’s disposal for his trip to Tunis. Morris indicated that a conveyance to Tripoli was not possible unless the squadron was reinforced, because of the Meshouda situation with Morocco. Morris further asked for a perusal of Cathcart’s instructions, as Morris had begun negotiations with the Tripolitan prime minister, Sidi Mohammed Dghies. Morris offered to show the correspondence, proposed treaty, and Tripolitan demands to Cathcart.

   Enclosure D (1 p.) is a copy of a letter from Cathcart to Morris, 16 Aug. 1803, accepting the latter’s offer of a perusal of his Tripoli negotiations and agreeing to Morris’s request to see Cathcart’s instructions. Also enclosed, but unmarked by Cathcart, are copies of Cathcart to Morris, 18 Aug. 1803 (1 p.), returning Morris’s copy of his negotiations with Tripoli and indicating that Cathcart had retained a copy, and Morris to Dghies, 25 Aug. 1803 (2 pp.; printed ibid., 2:517–18), attesting to Cathcart’s status as U.S. agent to negotiate a treaty with Tripoli.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 3:504–5.

   For Morris’s negotiations with Tripoli, see Irwin, Diplomatic Relations with the Barbary Powers, pp. 125–27.

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

   For JM’s request, see his letter to Cathcart of 18 Apr. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 3:135–37, 138 n. 7).

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


Title: To James Madison from Peder Pedersen, 30 August 1803 (Abstract)
From: Pedersen, Peder
To: Madison, James

30 August 1803, Philadelphia. Wrote on 19 Aug. from Frankford, near Philadelphia, where he was in quarantine, to inform JM of his arrival in this country. Encloses a copy of that letter, fearing that JM never received it.

   RC and enclosure (DNA: RG 59, NFL, Denmark, vol. 1). RC 1 p.; in French. Acknowledged in Wagner to Pedersen, 1 Sept. 1803 (DNA: RG 59, DL, vol. 14). Enclosure docketed by Wagner as received 2 Sept.


Title: To James Madison from Louis-André Pichon, 31 August 1803
From: Pichon, Louis-André
To: Madison, James

Frederick Town Maryland le 13. fructidor an 11. le 31 août 1803.
Le Soussigné, chargé d’affaires de la République Française, a l’honneur d’informer Mr. le Secrétaire d’Etat, qu’il vient de recevoir de son Gouvernement l’ordre de notifier Officiellement à celui des Etats Unis la rupture qui a éclaté dans le cours du mois de mai dernier entre la République Française et La Grande Bretagne.
La conduite qu’a tenue le Gouvernement français dans les discussions qui ont amené cet événement facheux pour l’humanité, se trouvant, ainsi que les motifs qui l’ont dirigé, exposés dans le plus grand détail dans les pièces officielles qui ont été publiées d’ordre du premier Consul, ainsi que dans la lettre du ministre des Relations Extérieures qu’a reçu le soussigné; il se borne à adresser à Mr le Secrétaire d’Etat un exemplaire des prémières, et une copie de la dépêche du ministre. Le Soussigné en conséquence à [sic] l’honneur de joindre l’un et l’autre à cette lettre et il prie le Secrétaire d’Etat de vouloir bien les Communiquer à Mr. le Président des Etats Unis, et d’agréer l’assurance de son respect et de sa haute consideration.
L. A. Pichon

Condensed Translation
Has the honor to inform JM that he has just received from his government an order to notify the U.S. officially of the outbreak of war between France and Great Britain in May last.

The conduct of the French government in the discussions that led to this regrettable event, as well as the motives that directed it, can be found in great detail in the official publication ordered by the first consul, as well as in the letter the undersigned received from the minister of foreign relations. He encloses copies of both documents and asks JM to communicate them to the president.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1). RC in a clerk’s hand, signed by Pichon. For surviving enclosure, see n. 1.

   Enclosed is a copy of Talleyrand’s letter to Pichon of 5 Prairial an XI (25 May 1803) (3 pp.; in French; docketed by Wagner), announcing the outbreak of war between France and Great Britain and detailing the hostile acts committed by the latter that had forced France into the war. For the official publication to which Pichon was probably referring, see George Erving to JM, 8 June 1803, n. 4.


Title: To James Madison from Louis-André Pichon, 31 August 1803
From: Pichon, Louis-André
To: Madison, James

Monsieur,
Frederick Town 13 Fructidor an 11. le 31 Aout 1803.
Depuis la lettre que j’ai eu l’honneur de vous adresser hier, j’ai reçu par votre Dépmt. des duplicates des dépêches de mon Gouvernement relatives aux Traités du 30 Avril parmi lesquelles se trouvent les lettres que j’ai l’honneur de vous adresser.
Les paquets qui sont arrivés par le navire Amsterdam Packet venu de Bordeaux à Philadelphie se sont trouvés être sous le couvert de Monsieur l’avocat de District de Pennsylvanie qui a été justement surpris de voir son nom empreinté dans cette occasion, et vous a renvoyé les paquets. Cette surprise a porté Monsieur Dallas à m’écrire la lettre dont je vous envoye la copie ci jointe. Je ne me propose pas, monsieur de repondre autrement à son contenu, qu’en vous priant de faire connaitre à cet officier que je suis aussi étranger que lui à cette forme et, qu’en ce qui me regarde, il est libre, si elle se renouvellait, de suivre telle conduite qu’il jugera convenable.
Quant au fait lui même, monsieur, le nom de Mr. Dallas, comme officier des Etats Unis, ne pouvant être connu à personne en france que des Americains, je ne puis l’attribuer à aucun agent du Gouvernement Français: je présume que ces dépêches, vû leur objet, ayant été confiées à Monsieur vos Ministres à Paris, ceux ci auront, ou empreinté eux mêmes, ou autorisé quel qu’un à empreinter, l’adresse qui a attiré de la part de Monsieur l’avocat de District la lettre dont vous concevrez aisement, monsieur, que la teneur a du peniblement m’affecter. Je vous prie monsieur d’agréer l’assurance de mon respect & de ma haute considération.
L. A. Pichon

Condensed Translation
After yesterday’s letter was sent, he received by way of the State Department duplicates of his government’s dispatches in regard to the treaty of 30 Apr. The packets that arrived in Philadelphia on board the Amsterdam Packet from Bordeaux were found under the cover of the district attorney of Pennsylvania, who was very surprised to see his name thereon and who sent the packets to JM. Dallas has written Pichon the enclosed letter. Does not propose to make any answer to it other than to ask JM to inform Dallas that Pichon is as puzzled as Dallas is about this affair, and that as far as Pichon is concerned, should the action be repeated, he is free to take whatever measures he likes. Believes, however, that the action cannot be laid at the doorstep of any French official, since Dallas is not known in France in any official capacity. Believes it had to be one of the U.S. ministers in Paris who printed the name, or authorized it to be used, causing Dallas to write his letter, the contents of which, JM can easily conceive, have disturbed Pichon greatly.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1). RC docketed by Wagner as received 3 Sept. For enclosure, see n. 1.

   Pichon enclosed a copy of Alexander J. Dallas’s 26 Aug. 1803 letter to him (1 p.), in which Dallas reported that he had received a packet of three letters addressed to Pichon under cover to himself and had sent them on to JM. Dallas went on to write: “The liberty that has been taken with my name on this occasion, I am not disposed to overlook, and should it be repeated, you must not complain of any mode in which I shall choose to dispose of your dispatches. The lapse of a few years has not so obliterated from my mind the villainous insinuations of a diplomatic correspondence as to render me a willing medium for conducting one.”


Title: To James Madison from Jacob Wagner, 31 August 1803
From: Wagner, Jacob
To: Madison, James

Dear Sir
Department of State 31 Augt. 1803
General Dearborn returned the day before yesterday. At Frederick-town he met with Mr. Pichon, who informed him that he was in possession of orders to Mr. Laussat to receive possession of Louisiana and deliver it to us. You must be already apprised that he has received the ratifications of the treaty and conventions. The enclosed letter from Mr. Monroe intimates his intention of proceeding to London with out going to Madrid for the present.
The deposition transmitted by Mr. Davis evinces a continuation of that arrogant and lawless conduct which has lately given rise to complaints against the British commanders in the waters of the Chesapeake. I have enclosed with it the deposition of Capt. Hand of the Hiland, a constant trader between Philadelphia and this city. I have not yet received the original of the latter, but shall endeavour to obtain it, before Capt. Hand leaves the place.

I presume nothing can be done with the case of the Whalers on the coast of St. Domingo, but to desire the owners to appeal from the sentences of condemnation.
The United States having paid Mr. Wilson’s passage from England, I think that considering that circumstance and the little chance he has of ever obtaining compensation from the British government in addition to what he has already received, he ought not to be countenanced in his new project, by recommendatory letters from the Government.
I have sent the packet Mr. Dallas alludes to to Mr. Pichon’s Secretary. The letter of which he encloses a copy must have been sent directly to Mr. Pichon, as it did not pass thro’ this office: if it had I should have hesitated much more about forwarding it to him than I did with respect to the packet complained of.
The enclosed letter from Mr. Pinckney is interesting as it exhibits the sensations produced at Madrid by the cession of Louisiana. With the greatest respect, I have the honor to remain, Dr. Sir, Your most obed. sert.
Jacob Wagner

   RC (DLC). Note from Wagner on verso reads: “J Wagner also encloses the counterpart of Mr. L.’s cypher.” Docketed by JM.

   This was probably Monroe to JM, 19 June 1803.

   William Davies to JM, 24 Aug. 1803, and n. 1.

   Document not found, but the matter concerned the impressment of a U.S. citizen, David Kitchell, onto the British ship Leander from the American sloop Hiland, John Hand, master (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:594).

   For the case of the three Nantucket whalers, see Jeremiah Lawrence to JM, 15 Aug., and Silvanus Ewer to JM, 16 Aug. 1803.

   For Philip Wilson’s claim, see his letter to JM, 7 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 3:557).

   See Pichon to JM, 31 Aug. 1803 (second letter), and n. 1.

   Charles Pinckney to JM, 12 June 1803.


Title: To James Madison from William Kirkpatrick, 31 August 1803 (Abstract)
From: Kirkpatrick, William
To: Madison, James

31 August 1803, Málaga. Has not written since 28 June because of “a severe indisposition,” from which he is “now recovering fast.” “Two days ago” received JM’s letter of 9 Apr. by way of the frigate Philadelphia. Forwarded dispatches to Gavino and Simpson. Reports that Captain Bainbridge captured the Moroccan cruiser Mirboka, Capt. Ibrahim Luberez, of 22 guns and 100 men, which had captured the U.S. brig Celia, Capt. Richard Bowen, of Boston “and secured her Captain & Crew, notwithstanding that Capt Luberez was provided with a Passport from Consul Simpson.” Having retaken the Celia, Bainbridge “is now on his way to Gibraltar With both Vessels” to await Preble’s decision. Believes war with Morocco is “inevitable” after “this unjustifiable Step.” Finds some comfort in the fact that the emperor’s “views have been at once unmasked, and that One of his largest Cruizers has already fallen into our Hands.” Learns by O’Brien’s letter from Algiers of 2 Aug. that two Tripolitan cruisers have sailed for the Spanish coast. Has no further accounts of the U.S. squadron in the Mediterranean. Has received “the Copy of the Laws of the United States, of the Session of Congress preceding the last, as also a Copy of the act suplementary to the Act Concerning Consuls & Vice Consuls, and for the further protection of American Seamen.” “I … shall make them a rule for my Conduct in such Occurrences as may take place.… I am extremely happy to observe that Congress had adopted such Wise, & proper measures, regarding the discharge of Seamen in foreign Ports, they will I am persuaded effectually prevent the Abuses that were formerly Committed.” Encloses a note detailing “the Charges to which American, and all foreign Vessels are Subjected in this Port,” as well as “a note of the Charges on Spanish Vessels.” Spain has eliminated “the duties hitherto exacted on all Kinds of Grains, and Flour, on account of the bad Harvest throughout Spain, this order is to remain in force till the 1 June next.” U.S. ships “continue to be admitted here, immediately on arrival, which is a fortunate Circumstance.” Encloses a letter from Bainbridge to the secretary of the navy.

   RC (DNA: RG 59, CD, Malaga, vol. 1). 3 pp. Enclosures not found.

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

   Letter not found, but it was probably similar to the letter of the same date from O’Brien to John Gavino (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)., 2:504).

   U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:203–5.

   Enclosure not found, but Bainbridge’s 29 Aug. 1803 letter is 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)., 2:522.

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


Title: To James Madison from Hans Rudolph Saabye, 31 August 1803 (Abstract)
From: Saabye, Hans Rudolph
To: Madison, James

31 August 1803, Copenhagen. Wrote last on 12 Apr. Encloses “the usual list of American Ships, which passed the Sound since the beginning of the Year, til the end of June last” [not found]. “Their number has not been inconsiderable and it appears, that the Trade from America to the Baltic will be an object of importance this Year.” So far, neutral ships have no cause to complain about the belligerent powers. Those ships taken “have either been released after a short detention, or if their Cargoes were proved Ennemy’s property, they have kept them on paying the freight.” The French occupation of Hanover and the British blockade of the Elbe and Weser Rivers are “very oppressive” to merchants who use these rivers “for the sake of their Imports & exports,” as they must “find vent for them in another manner, at a very considerable expence.” Danish trade, however, “must in many respects gain by it.” To protect their borders, and as a measure of precaution, the Danes have assembled an army of nearly twenty thousand men in Holstein, though “Denmarks neutrality, Seems in no danger of being disturb’d.” The Danes have also passed “wise Regulations” to prevent property of the belligerents from being “coverd by the Danish Flag.” Received JM’s circular letter of 9 Apr., enclosing the laws of the last Congress. Will answer the circular as soon as possible. “I shall strictly conform myself to the supplementary Act, concerning consuls and vice Consuls, which contain every thing, desirable on the subject.”

   RC (DNA: RG 59, CD, Copenhagen, vol. 1). 3 pp.; docketed by Wagner as received 15 Nov.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:510.

   Ibid., 4:491–93.

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

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


Title: To James Madison from Charles Pinckney, [ca. 1 September] 1803
From: Pinckney, Charles
To: Madison, James

(Private)
Dear Sir
[ca. 1 September 1803]
By Major Young you will recieve my dispatches to the 30 ultimo. Among them you will see my last reply to Mr Cevallos which was prepared at the time Mr Young left us but not sent in on account of the hurry in which he set out. Since the Departure of Mr Young & before I sent in the reply to Mr Cevallos I thought proper to make some alterations in the latter part & I now send you an exact & correct copy of my reply as sent in & which I am hopeful will meet your approbation. Yesterday & to day they speak very confidently of Spain having agreed to grant a passage to the French army against Portugal—if so War between her & Great Britain will be inevitable & as this War will probably soon extend to other powers the policy of our being neutral must be so apparent that I suppose there will be now few advocates for War in the United States. Indeed every thing I see convinces me more & more of the soundness of this policy for at present it is extremely doubtful how & when the new War will end. One thing I believe is pretty certain that if We except England, it will end in every Country of Europe’s being a complete military despotism—the smaller powers either annihilated or kept in a state of oppression by the larger & they always armed & ready for War. Should our Government wish to arrange all their claims with this by purchasing Florida I believe I may venture to say we shall now find cordial & very sincere support from the french Government & its ambassador here. I have reason to believe it was from their continued opposition before, We never had it, as they wanted it themselves—at present their Views are changed & the thing may be more easy. There seems to be little doubt in Europe that by the Spring or before, there will be a general continental War & as little doubt that many very respectable & opulent men from the small states will emigrate to us. Please present me to the President in the most affectionate & respectful manner & believe me Dear Sir with regard Yours Truly
Charles Pinckney

   RC and enclosure (DLC). Undated; conjectural date assigned here on the basis of internal evidence and Wagner’s docket: “written after 30 Augt. 1803.” For enclosure, see n. 1.

   Pinckney enclosed a copy of his letter to Cevallos, 28 Aug. 1803, which countered the latter’s assertions that U.S. claims against Spain for depredations on American shipping by French privateers were not valid. Pinckney argued that the rejection of article 2 of the Franco-American Convention of 1800 by both France and the U.S. did not mean that the latter had relinquished this category of claims against Spain (4 pp.).


Title: To James Madison from John Gavino, 1 September 1803 (Abstract)
From: Gavino, John
To: Madison, James

1 September 1803, Gibraltar. No. 130. Encloses his dispatch no. 129 and a copy of a letter from Captain Bainbridge to Consul Simpson, which Gavino forwarded to Simpson “imediately by a Boat Charterd for the purpose.” Adds in a postscript: “I have a Letter dated yesterday from Consul Simpson of Tanger when he was still in the Dark regarding the orders of the Empr: Cruisers.”

   RC and enclosure (DNA: RG 59, CD, Gibraltar, vol. 2). RC 1 p.; docketed by Wagner as received 3 Nov. For enclosure, see n. 1.

   Enclosed is a copy of William Bainbridge to James Simpson, 29 Aug. 1803 (4 pp.), describing Bainbridge’s capture of the Moroccan warship Mirboka and its American prize, and announcing his intention to sail for Gibraltar to await instructions (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)., 2:518–19).

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


Title: Deposition of James Madison, 1 September 1803
From: Madison, James
To:

Document not found. 1 September 1803. Offered for sale in Dodd, Mead & Company’s Catalogue No. 59 (March 1901), item 229. Described as a one-page legal document signed by JM “in which he binds himself to make certain disposition of lands left by his father.”


Title: To James Madison from Jacob Wagner, 2 September 1803
From: Wagner, Jacob
To: Madison, James

Dear Sir
Department of State 2 Septr. 1803
I have the honor to enclose two private letters and four official ones. You will also receive under another cover a copy of the documents relating to the war as published by the French government. I have written to Mr. Pederson an acknowledgement of his letters and that I am expecting your answer to the first. The letter from the French Minister of Marine to Mr. Gallatin I have forwarded. Its contents were very similar to that addressed to you by the Minister of Foreign Affairs. It also alludes to the contract made with Mr. Baring for the sale of the stock, mentions that he is coming to the United States and requests the Secretary’s aid to consummate the treaty as soon as possible after Mr. Baring’s arrival. It refers to Mr. Pichon for a communication of the particulars of the contract.
I shall transmit to Mr. Erving a list of the Consuls such as he desires; but it is extremely difficult to make the idea conveyed by the words “usually resident” more explicit. If he had mentioned the circumstances relating to any individual case on which his doubts arose they might have been more readily removed.
The three documents from Mr. Livingston were casually separated from one of his letters which I lately sent you and were therefore omitted till now.
In answer to the communication I made to Mr. FitzSimons respecting the convention for paying the American claims on France, he has made two or three criticisms upon it—1st. he objects slightly to the exclusion of claims made by persons concerned with foreign partners in trade, which he observes is a disqualification not coincident with the rule of the domicil making the national character of a merchant: 2nd. He considers the limitation of the commencement of the interest to the time when the accounts and vouchers were presented to the French government as depriving its creditors of their rights to a very considerable amount, and 3rd. he thinks the exclusion of all claims for captures except those wherein the appeal was regularly lodged as equally unreasonable. It is remarkable that the clause of the convention to which the last objection applies was carelessly drawn, as it refers to cases of capture “in which the appeal has been properly lodged within the time mentioned in the said convention 8th. vendémiaire 9th. year,” when in fact that convention is silent about appeals and Mr. Livingston was expressly instructed to comprehend in the restitutions to be made under it other cases beside those in which appeals were lodged.
I shall send the letter itself by the next post having to return him an answer to a part of it, when I shall probably take occasion to observe that the whole arrangement may be lost by attempting to render its parts more conformable to any particular views. With the greatest respect I have the honor to remain Dr Sir, Your obed. servt.
J. Wagner

   RC (DLC). Docketed by JM.

   See Erving to JM, 8 June 1803, and n. 4.

   See Peder Pedersen to JM, 19 Aug. 1803, and n.

   Wagner no doubt referred to François Barbé-Marbois, the French minister of finance. For Barbé-Marbois to Gallatin, 18 Prairial an XI (7 June 1803), see Pichon to JM, 30 Aug. 1803, and n. 4.

   For Talleyrand’s letter to JM of 1 June 1803, see Pichon to JM, 30 Aug. 1803, and n. 1.

   For Erving’s request, see his letter to JM of 6 June 1803.

   Wagner’s letter to Thomas FitzSimons, 8 Aug. 1803 (DNA: RG 59, DL, vol. 14), was written in reply to FitzSimons to JM, 2 Aug. 1803 (not found).

   Wagner referred to article 4 of the Convention for the Payment of Sums Due by France to Citizens of the United States, 30 Apr. 1803 (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:518).


Title: From James Madison to William Thornton, 3 September 1803
From: Madison, James
To: Thornton, William

Dear Sir
Sepr. 3. 1803
I have recd yours of the 26 Ult. The preceeding one was acknowledged in my last. We have been a few days later in sending off Payne than was intended. Jason, who attends him, takes charge of your horses, which after dropping Payne at Alexa. he will carry on to Washington. I find the horse I purchased is a little deeper in his color than his companion, but the latter will become less pale as he gains an equality in flesh. I have reason to believe that they will make on the whole valuable horses for some service or other. I wish the deeper bay was more sprightly. The other will be sufficiently so, when in good plight. He was so much reduced before he was sent to me at Washington, and by the hot journey home, that the best keeping has not yet reclaimed him from his leaness. I have not been able to try them together in a carriage, but you may count on their being gentle and well broken. Perhaps, as the purchased one has been little used to move out of a walk, it may well [sic] to advert to that circumstance in the first motion you give them in your carriage. After seeing the horses, and knowing my view of the bargain, we shall find no difficulty in making it mutually satisfactory. On getting home I found the drouth here equal to what had existed at Washington. We still suffer extremely from that cause. Rain now will be of little use to Crops of Corn but may do much service to Tobo. & to the seeding of Wheat &c. We are setting off this morning for Monticello. The family continue well. May this find yours so. Present ⟨them?⟩ all with best regards to the ladies. Yrs. sincerely
James Madison

   RC (DLC: Thornton Papers).


Title: To James Madison from William Willis, 3 September 1803 (Abstract)
From: Willis, William
To: Madison, James

3 September 1803, Barcelona. Has delivered his office to Leonard, his successor. Leonard “assur’d me, that … I was displaced on account of a suspicion of my knowing, or having been active in passing false papers.” “But millions of dollars would not even have tempted me to permit any such thing. Mr Leonard after my having done every thing in my power to have him Rec’d with respect has proved my greatest Enemy and has Even refus’d to give me a passport to go on business of importance. This is hard treatment to a man who loves his Country.” Has also been accused of trying to avoid paying his creditors: “Slander seems to have open’d all its Sluices on me.” Encloses a notice he placed in the Barcelona newspaper, dated 24 Aug., advertising his willingness to pay off his debts. “I have hopes of being reeinstated in this Consulate or to Obtain that of Madrid, which I am inform’d has a salary annex’d to it.” Believes this will compensate him for damages sustained in this office. “I have deliver’d Mr Leonard the plate and remainder of the false blanks of passes registers &c except two which I have kept.” Has asked Leonard to send them to the U.S. by the John Adams. Leonard “seems to be govern’d” by Walsh, the former American agent here, who was dismissed by Willis because of the affair of the ship Chatham of New York. Is sorry for it, as Walsh “seems to be a great Enemy of our Country.” “I have private assurances … that Mr Leonard … has orders to arrest me.” Yet he has not done so. “I am ready however to submit.”

   RC and enclosure (DNA: RG 59, CD, Barcelona, vol. 1). RC 3 pp.; docketed by Wagner. For enclosure, see Willis to JM, 27 Aug. 1803, and n. 2.

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


Title: To James Madison from John M. Forbes, 4 September 1803
From: Forbes, John M.
To: Madison, James

Sir,
London 4th Septr 1803.
Since my last respects of which the foregoing is a Copy nothing new has occurred within my Consulate. The strong measures adopted by England to Compel the northern powers to take a part in the war at least so far as to expel the French from Hanover have, as yet, produced no great political effect, indeed it is extremely doubtful whether Prussia and Denmark are not more benefited than injured by the blockade of the Elbe, as the great trade of Hamburgh is now forced into the proper ports of those two powers, thus, while the injury to those powers is, at worst, but doubtful, the general embarrassment & ruin among Commercial men in England, produced by an interdiction of Commerce is certain, so that it is rationally presumeable that, in a few weeks, the necessities of her own Commerce will oblige England to abandon the blockade of the Elbe. Inclosed is the Semi-annual report of American arrivals at Hamburgh. Some Commercial Concerns having Called me to this Country I have had the pleasure of several personal interviews with Mr. Monroe, Minister of the United States to this Court, it has occurred to him as well as to myself, that in the present Critical posture of affairs in the north of Europe, I might render an acceptable service to Government in the Sale of their unsettled lands, particularly Such as are Situated on the Mississipi or the navigable Rivers of that Vicinity. I have before hinted that the Germans have discovered a great desire to emigrate to our Country—there are an immense Number of industrious husbandmen to whom the Government might safely make Conditional Sales of lands, besides which I am Convinced that, on offering an undoubted Title (such as an immediate patent from Government) many men of Substance would be found who would gladly purchase lands in a Country of Such certain promise and which has already excited So much enthusiasm in Europe as Lousiana and the whole Country about the Mississipi. If Government should think proper to empower me to make any Sales, I ought to be furnished with Correct plans of the Country, the lots regularly Numbered and notes of our public Surveyors or other men of experience, as to the local advantages of the Several tracts offered for Sale and I should be authorized unconditionally to Contract for the Sale of Certain lots and furnished with the particular terms of payment. I have also some applications from Irish Gentlemen of fortune and have little doubt that Sales to a Considerable extent Might be made with advantage in that Country, in it’s present troubled State—for this purpose I would make a visit there, if thought expedient—in this business, my first wish is to Serve my Country and I should only expect a reasonable Commission on the Sales to Cover my expences. Government will take this Subject into Consideration, and Should they decide on adopting any plan of this kind much of it’s Success would depend on it’s prompt execution thereby profiting by the present disturbed State of a Country, whose Inhabitants possess energy of Character, great industry and agricultural Skill, in Short, all the qualities which ensure an useful population to a Country like ours. The necessary papers might be forwarded to me through this Country in case the Elbe should Continue blockaded. I have the honor to be with great Respect, Sir, Your obedt. humble Ser⟨vt.⟩
John, M; Forbes

   RC (NN). Marked “Triplicate”; docketed by JM. Enclosures not found.

   Forbes to JM, 29 Aug. 1803.


Title: To James Madison from James Maury, 5 September 1803 (Abstract)
From: Maury, James
To: Madison, James

5 September 1803, Liverpool. Wrote last on 23 July. At the war’s commencement U.S. commercial prospects were favorable, “but the prohibitions of France & Holland to all commercial intercourse with this country, added to the Blockades of the Elbe & Weser continue these markets in a most depressed state.” “The crops in general throughout the United Kingdom are so uncommonly abundant that Foreign wheat & flour are become a drug.” Encloses “the present state of this market.”

   RC (DNA: RG 59, CD, Liverpool, vol. 2); duplicate (DLC). RC 1 p.; in a clerk’s hand, signed by Maury; docketed by Wagner as received 25 Sept. Enclosure not found, but it was probably a duplicate of that enclosed in Maury to JM, 23 July 1803.

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


Title: To James Madison from James Simpson, 5 September 1803 (Abstract)
From: Simpson, James
To: Madison, James

5 September 1803, Tangier. No. 62. Wrote last on 15 Aug. (no. 61). Received distressing news from Captain Bainbridge of the Philadelphia, dated 29 Aug. off Málaga: “the suspicions I had entertained of hostile intentions” on the part of Morocco toward the U.S. “appear to have been but too well founded.”
On receiving Bainbridge’s letter “Thursday last” met with Alcayde Hashash, “who denied … either having given Raiz Lubarez authority, or that he knew of such comeing from any other quarter for his capturing American Vessels.” Cannot place “full reliance on all that Man says, as by subterfuge it is not uncommon with him to evade declaring facts.” After two interviews on this business, nothing “Interesting or decisive” resulted; Hashash’s “complaints on detention of the Mesouda were unceasing at both interviews.”
Was sent for by Hashash “At eleven at night,” and “as it is no uncommon thing to do busyness with Ministers and sometimes with Governours even at that hour in this Country” he “readily went.” Was greatly astonished to be detained and informed that it was done by order of the governor. “There was no remedy but submit to that gross insult, which none but a person of his Rude manners would have been guilty of.” It was asserted that Simpson should be held “untill both the Frigates should be set at liberty.” Was not released “untill Friday at ten O’Clock, when my Brother Consuls came in a Body to demand my enlargement.” Was released by the governor on the security of the consuls that he would not leave Morocco without the emperor’s permission.
Encloses a copy of a letter he sent to the emperor at Fès. Without an answer nothing can be decided about the Mirboka. Has written Bainbridge “fully on the busyness,” pointing out the steps needed “to ascertain unequivocally the fact whether the Commander was authorised or not to Capture American Vessels, which is the grand point essential to be known.”
Believing in “the great utility of an uninterupted Peace with this Country,” informed the emperor he would “receive such propositions as he might be pleased to make for an accommodation, holding forth as an encouragement security to his Cruizers on his withdrawing the orders for takeing American Vessels.” Hopes this measure will meet JM’s approbation. Was driven to it by “strong inducements, the first that Commerce might not meet interuption or be burthen’d with heavy Insurance beyond the actual Risque, the next to bring on a Negotiation with security in our hands for their good behaviour … and lastly because if an open Rupture takes place it will be a most tedious and expensive busyness to make a new Treaty and very doubtfull if will be obtained on such good terms as the present.”
The emperor plans to begin his tour to Tetuán and Tangier on the “first of next Moon.” Believes this affair might bring him sooner.

   RC and enclosure (DNA: RG 59, CD, Tangier, vol. 2). RC 4 pp.; marked “Triplicate”; docketed by Wagner as received 22 Nov., but JM acknowledged its receipt in the postscript (dated 10 Nov.) to his letter to Simpson of 4 Nov. 1803. Printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 3:19–20. For enclosure, see n. 2.

   Bainbridge’s letter to Simpson, 29 Aug. 1803, described the capture of the Moroccan cruiser Mirboka, which had itself captured the American brig Celia (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)., 2:518–19).

   Simpson enclosed a copy of his letter to the emperor of Morocco, 2 Sept. 1803 (4 pp.; docketed by Wagner; printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 3:7–9), complaining of the violations of his passport in the cases of the Meshouda and the Mirboka and demanding that any instructions previously given to Moroccan captains ordering them to attack American ships be withdrawn immediately. Simpson also protested his recent arrest and confinement by Alcayde Hashash and requested “that no such insult be offered to me again.”

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


Title: To James Madison from Robert R. Livingston, 6 September 1803
From: Livingston, Robert R.
To: Madison, James

No 82
Sir
Paris 6th Septr 1803
I have little to add to the letter of which I Send duplicates the absence of the First Consul & Minister, has Suspended all business, & I availed myself of the circumstance to make a tour in France, not chusing to go to England least any thing Should turn up that would require my attention, & particularly the return of the ratification which we are impatiently looking for. The decree of which I have complained is not revoked, but is remedied ministerially, that is by a Special order relative to Such vessels as have arrived, on my Special application—enclosed is the answer to my note relative to the transportation of blacks which I presume will be Satisfactory. The board are employed in Settling the accounts tho’ as yet they have given no certificates, & entertain an Idea of Suspending them till the ratification Shall arrive. Tho’ this is not in the Spirit of the Convention I Shall not interfere in changing their determination. The intercourse between this & England being entirely Stopped, I have nothing from Mr Monroe having had but one letter from him Since his departure—the most Serious preparations for a descent, as is said upon England but as I believe upon Ireland are going on. The mediation of Russia is still kept alive but has little energy or prospect of success. Something like an armed neutrality has taken place or will take place between the northern powers to prevent the extension of the war in that quarter. This the British papers seem to hope will lead to Something more favourable to their wishes & their interests, it may be So, but I believe not at present. You know that I am now the trustee of France and the house of Hope and Baring for eleven millions of dollars and I can not but feel some pain from the weight of this trust. In case of my death or absence there is no one upon whom it will devolve. I pray you therefore to make Some arrangement to guard against the evils that may result from this contingency either by Sending a blank commission for creating a Chargé des affaires; or one filled up. The person I Should probably fix upon is Mr Skipwith, I wish this not to be connected with the office of Secretary to the legation, for I hope to have none after my past experience of the disunion it may create. As the Minister is Just returned, I Shall press the other matters now laying before him, & Such others as you Shall give me in charge. I have the honor to be Sir with the most respectful attachment Your most Obt. hum: Servt
Robt R Livingston

   RC (DNA: RG 59, DD, France, vol. 8A); draft (NHi: Livingston Papers). RC in a clerk’s hand, signed by Livingston; marked “Duplicate”; docketed by Wagner as received 12 Nov. Italicized words are those encoded by Livingston’s clerk and decoded here by the editors (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:304–5 n.). RC decoded interlinearly by Wagner. Enclosures not found, but see nn. 1 and 3.

   Livingston probably enclosed a copy of his letter to JM of 30 July 1803.

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

   Livingston doubtless enclosed Talleyrand’s 22 Thermidor an XI (10 Aug. 1803) letter, informing him that the minister of marine had instructed the Guadeloupe authorities to end the practice of forcing American ships to carry exiled rebellious blacks from the island (NHi: Livingston Papers; 2 pp.; in French).


Title: To James Madison from James Monroe, 6 September 1803
From: Monroe, James
To: Madison, James

Dear Sir
London Sepr. 6. 1803.
You will receive within copies of Mr. Livingstons letter & my reply. I have made the correspondence with Mr. Marbois a publick document as it ought to be; but I prefer enclosing these in a private letter, leaving it to you to consider them as the one or other, as you find best. My publick letter will admit of either disposition. My motive for so doing is that of delicacy to Mr. L. You will see by Mr. Marbois’s letter to me that he has understood Mr. Livingston very differently, from what the latter expresses in his letter to me, on the subject of it. On that account as from a desire to place in the department (if to be avoided) no evidence of disagreement with him on any point, I have taken that course. Mr. Baring informed me when here that had Mr. L. given him reason to think that he was averse to the measure, he might have prevented the application to us, but that he understood him as Mr. Marbois did. By the manner of his letter it appeared to be written as if he intended it to be a publick document, & a ground of crimination in me. In that view I thought it proper to go further back into the transaction than he did, with a view, that my answer might accompany his letter. I have done much, or rather borne much to avoid any discussion with him, and that sentiment still exists in a certain degree. I have written much to convey all the facts which you ought to know relative to transactions at Paris &ca, wh. letters I hope you have or will receive. What the extent of his communication with Mr. K. here was I know not. I have supposed it was very confidential; indeed it has been hinted to me that the federalists have an eye to him, in case they cannot succeed themselves. I have heard that he wrote K. that the communications wh. he recd. from him during the negotiation, were of great service in promoting the result. What they were I know not, but well know that they were of no use, as I think the facts in yr. possession sufficiently prove. Some circumstances give cause to infer that his letters to K. were less confidential. I never saw them nor the replies, but well know that such a correspondence took place. On acct. of his age, his connections who have been republican & the magnanimity of a generous conduct towards him, I have wished him under all the circumstances of the case, to be treated with the greatest delicacy, that a respect for principle and the character of the transaction wod. permit. I have written to no one nor shall on certain points, that the whole affr. may be in the hands of the admn., who will see the course things take, have time to reflect calmly on what ought to be done, & act accordingly. But I think if any thing is done or documents communicated it ought to be by the govt. Perhaps in that view some sentiment of this kind may be proper, “the friendly manner in wh. the mission was recd., the promptitude with wh. the negotiation was commenc’d & concluded are proofs of the friendly disposition of the first consul, and of the just estimation in wh. the ustates are held by the govt. of France. The harmonious co-operation of our ministers in the great object merit approbation &ca, and to enable you to have a just view of the transaction I have caused copies of all the papers relating to the subject, wh. have taken place, since my communication to you at the last session, of the state of our foreign relations, to be laid before you.” If the state of things, especially his conduct as manifested in America does not preclude a sentiment of approbation, the expression of it in that mode wod. justify laying all the papers before the Senate, to him & his friends. There is some delicacy in laying all the documents before the Congress or perhaps any of them in reference to France, some indeed can not well be laid before the senate; in this class it is doubtful whether our second joint letter ought not to be consider’d. If any statment is ever made by the Executive it must be at this session; because afterwards it wod. appear to be in vindication or on compulsion. It wod. look like an attack on a party or individuals: whereas now it wod. be an official act, & in the spirit of our govt. to give information to the reps. of the people. However I submit these ideas only for consideration as all that I have said on this subject has been. I am forc’d to send this in haste as I understand the letter bag of the ship in wh. it is to be sent will be taken off immediately. I will write you again by Mr. Law who I understand sails in the monticello in a few days. Very sincerely I am yr. friend & servt
Jas. Monroe

   RC (DLC: Rives Collection, Madison Papers). Docketed by JM. Enclosures not found, but see n. 1.

   For Livingston’s letter to Monroe, 30 July 1803, and Monroe’s to Livingston, 20 Aug. 1803, see Monroe to JM, 31 Aug. 1803, and nn. 3 and 4.

   For this exchange of letters, see Monroe to JM, 31 Aug. 1803, and n. 1.

   Rufus King.

   Monroe no doubt meant their third joint letter to JM, that of 7 June 1803.


Title: To James Madison from James Simpson, 6 September 1803 (Abstract)
From: Simpson, James
To: Madison, James

6 September 1803, Tangier. No. 63. Gavino having sent him “the Remainder of the Articles necessary to be provided previous to His Majestys arrival here, and transmitted an Account thereof,” has drawn another bill on JM for $550, which, along with the $1,000 drawn 15 Aug., he wishes JM to pay and charge “for this Service.”

   RC (DNA: RG 59, CD, Tangier, vol. 2). 1 p.; marked “Triplicate”; docketed by Wagner as received 28 Nov.

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


Title: To James Madison from Jacob Wagner, 7 September 1803
From: Wagner, Jacob
To: Madison, James

Sir
Depart. State Washington, 7 Septr. 1803.
Among the papers transmitted, by this post you will notice a copy of an award against the United States made by the Commors. under the 7 art: of the British treaty. The appropriation made for the payment of such demands having expired with the year 1800, there is at present no fund applicable to its discharge, and so I told Mr. Wood, the holder; at the same time suggesting that Congress would doubtless make provision for it early after their meeting next month. He seemed very desirous that when it should be made, it should extend to the whole demand so as to authorize its immediate payment without his waiting the regular terms fixed for the instalments: as the sum does not amount to much more than 12,000 dollars, it then appeared to me probable that it might easily be arranged to his wishes; but upon further reflection it occurs that as there are before the same Board 31 additional British cases, for as many of which, as may be allowed, Congress must appropriate, they will probably make no distinction in favor of this, claiming as it does but a single ground of preference, viz. the delay of payment of the first instalment beyond the time fixed in the award.
I have not made the communication to Mr. Dallas which Mr. Pichon in one of his letters requests, as it has relation to a letter which did not go thro’ this office and the subject has asperities in it. Yesterday Mr. Pichon transmitted to me a packet for Mr. Laussat, containing, as he states, “preliminary instructions to him for the execution of the cession of Louisiana.” Genl. Dearborn (who is now again temporarily absent) had mentioned to me that they were to be expected and concluded that if sent by post as far as Natchez and thence forwarded to Fort Adams, he would order the commanding officer to continue them to New Orleans under the care of an officer. The letters referred to in Mr. Pichon’s of the 31st. Augt. were one from Mr. Marbois to you, which is enclosed; another, being a duplicate from Mr. Marbois to Mr. Gallatin, with a copy of the contract between the houses of Hope and Baring and the French government for the purchase of the stock, which I delivered to the Treasury department reserving the enclosed summary extracted from it, for your information; and two letters to Mr. Laussat from Mr. Marbois under an unsealed cover, which enabled me to read them. Beside general remarks respecting the cession and a reference to further more particular communications, he is directed to remit of the six millions placed at his disposal on his departure from France, 5½ millions to St. Domingo, in the manner he may judge the safest. They more than hint that he is to be the French Commercial Agent for Louisiana after the delivery of possession.
I transmit Mr. Monroe’s letter of the 15 April for the sake of the amendment he has made in the second page. The list referred to in the Commors. letter was received with it, but as it is very voluminous I thought it best not to forward it. The gazettes mention the first installment to have been paid. I think it would be well to publish the list as the Commissioners suggest: perhaps the best mode would be to send a printed copy to each of the custom-houses, notifying the concerned in the gazettes, that by calling there, they may ascertain the amount of their recoveries. It consists of 20 demy folios. I would also beg leave to suggest, that Mr. Erving should be instructed to make out a minute list of all the recoveries for seamen’s adventures, that they may be deposited in the bank of the U. S. to the order of the respective persons: the exchange may probably be made of the place of deposit by means of the Secretary of the Treasury, to the public advantage; and it would be infinitely preferable to the poor people to receive their dues here rather than in Europe.
Mr. Lear has received $4000 and in his last letter, which you have, mentions his intention of accepting the offer of an additional sum. As the previous correspondence about it was inofficial, I do not recollect the amount. These circumstances will enable you to judge of the propriety of advancing five hundred dollars more to his agent Mr. Long, whose letter you will find enclosed, as also a draft of one to the Secretary of the Treasury requesting that it may be paid.
Having issued all the blank passports you left me, I must beg the favor of your signing some additional ones, which are put up with the newspapers. With the greatest respect, I have the honor to remain Dr Sir, Your obed. servt.
Jacob Wagner

   RC (DLC). Docketed by JM.

   Document not found.

   Pichon to JM, 31 Aug. 1803 (second letter).

   Pichon to Wagner, 6 Sept. 1803, was a request to forward the enclosed “preliminary instructions” to Laussat at New Orleans “by the channel of” Claiborne (DNA: RG 59, NFL, France, vol. 1; 1 p.).

   Wagner referred to Pichon’s letter to JM of 30 Aug. 1803. Barbé-Marbois’s letter to JM was dated 21 Prairial an XI (10 June 1803).

   For Barbé-Marbois’s letter to Gallatin, 18 Prairial an XI (7 June 1803), see Pichon to JM, 30 Aug. 1803, and n. 4.

   Document not found.

   Barbé-Marbois’s letters to Laussat, both dated 16 Prairial an XI (5 June 1803), informed the latter of the cession of Louisiana and requested that he keep the minister informed of the events surrounding the transfer. Barbé-Marbois also instructed Laussat on the disposition of his treasury; should war with Great Britain continue, he was to remit the money or goods to Saint-Domingue (Kukla, Guide to the Laussat PapersJon Kukla, ed., A Guide to the Papers of Pierre Clément Laussat, Napoleon’s Prefect for the Colony of Louisiana, and of General Claude Perrin Victor at the Historic New Orleans Collection (New Orleans, 1993)., p. 55).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:520–22.

   See Gore and Pinkney to JM, 15 July 1803.

   Lear to JM, 3 Aug. 1803.

   Letters not found, but see Wagner to George Long, 16 Aug. 1803 (DNA: RG 59, DL, vol. 14).


Title: To James Madison from William C. C. Claiborne, 7 September 1803 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

7 September 1803, “Near Natchez.” Has reason to believe “that much of the vacant Land in Louisiana, will be covered by fraudulent grants” before the U.S. takes possession. Don Joseph Vidal, commander of the Spanish post across the river from Natchez, “manifests great solicitude” that his friends in the Mississippi Territory “should possess themselves of Lands in his vicinity.” Has learned that inhabitants of Natchez and Adams County “have within a few weeks past surveyed and partially improved much Land west of the Mississippi,” expecting to gain title. Has also learned that several civil and military officials of Louisiana have claimed “bodies of Land, from six to twenty leagues square,” and that these lands are being sold “at very reduced prices,” as low as ten cents an acre. Fears that “the same frauds” are being committed in Louisiana that took place in the Mississippi Territory before the treaty of 1795. Will write to Daniel Clark on this subject and will further investigate “the extent of these fraudulent transactions.” Adds in a postscript that because it is generally believed that Monroe will negotiate for East and West Florida, vacant lands in those territories “are in great demand”; believes “that in a few months near’ly the whole of the valuable land in that quarter, will be covered by Spanish grants.”

   RC (DNA: RG 59, TP, Orleans, vol. 2). 2 pp.; in a clerk’s hand, signed by Claiborne; docketed by Wagner as received 2 Oct. and with the notation: “Fraudulent grants in Louisiana and Florida.” Printed in Carter, Territorial Papers, Orleans, 9:26–27.


Title: To James Madison from William Jarvis, 7 September 1803 (Abstract)
From: Jarvis, William
To: Madison, James

7 September 1803, Lisbon. Encloses a copy of his letter to JM sent by Captain Cook of the ship Fox. The removal of Almeida and the rumored dismissal of Rodrigo have resulted in “no obvious political consequences.” A British sloop of war that arrived in Lisbon “five or six Days ago … this morning went to Sea” after first making “a Sweep of all the Seamen they could find on Shore, among which were two Americans, one of whom was released, as you will see by the inclosed Protest.” “Thus we see how much the neutrality of the Ports of the weaker Powers are respected.” Will address the minister about this affair but does not expect satisfaction. Hopes “a timely complaint” may prevent future problems. “The exclusion of Privateers will certainly operate much more favorably for the English than the French.” French warships do not stop at Lisbon, “but it is well adapted for their Privateers to put into for refreshments.” Encloses duplicate extracts of “a protest for impressments made from the Ship Fox of Boston and Brig Hector of Salem & three dispatches.”

   RC (DNA: RG 59, CD, Lisbon, vol. 2). 2 pp. Enclosures not found, but see Jarvis to JM, 19 Sept. 1803, and nn.

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


Title: To James Madison from William Willis, 7 September 1803 (Abstract)
From: Willis, William
To: Madison, James

7 September 1803, Barcelona. “I have been much afflicted with many anonymous letters some of them very threatning. But I am more at a loss respecting your private favor of the 28th of May than any other.” Has heard nothing of the letter’s subject from the American officers, including Captain Rodgers, who visited here. “These things seem very strange to me … but I am still prepar’d to meet the arrest and am confident that I shall make my innocence appear.… the accusation is … the mo⟨re⟩ painfull to me, as I have neglected my own interest to serve that of my Country.”
Captain Rodgers of the John Adams left Barcelona “four days ago” convoying six American merchant vessels and the Tripolitan ship long blockaded at Gibraltar. “A large frigate pass’d in Sight of this Port Suppos’d to be the Commodore Morris and yesterday the Nautilus schooner pass’d here in Search of Captain Rogers.” Has “Little or no News here of note.” “There is a British Ship of the line at Anchor in this road” from the Toulon squadron. The British and French have “10 Sail of the line” each at Toulon. Adds in a postscript that he is informed that the Madrid consulship is vacant. As he has no doubt of being able to prove his innocence and as he feels “sufficiently recoverd from the effects of the Medecine to undertake that affair,” he solicits the office. “I would … be ready to take charge of this office if the Executive should think me worthy of it and as there is a salary annexd to it it would make me some compensation for the losses I have sustained.”

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

   See Willis to JM, 9 Aug. 1803 (second letter), and n. 1.

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


Title: To James Madison from Daniel Clark, 8 September 1803
From: Clark, Daniel
To: Madison, James

Sir,
New Orleans 8th September 1803
In Consequence of information that some Frenchmen lately arrived here were fitting out a Privateer, which under pretence of Cruizing against the English was intended to prey on the Commerce of the U. States and Capture without distinction all American Vessels Sailing from this port for an infringement of the Revanue Laws of the Country, as most of them really do by taking on board with the Connivance of the Custom house a part or the whole of their Cargoes in Country Produce. I made a Verbal application to the Marquis de Casa Calvo who on Accot. of the incapacity & dotage of the Governor has the whole Authority in his hands, And received assurances from him that he would put a stop to the Armament. Being requested by him to leave a memorandum with the Secretary of Government respecting it I wrote him a letter of which the inclosed is a Copy and have the satisfaction to inform you that an application from the owners of the Vessell for the Artillery has been refused. I have further learned this morning that two more Vessells are intended to be Armed, that Shares are now offerred for sale, and that a pretended Cousin of the Colonial Prefect who directs the Commercial House in which the Prefect is Concerned has Subscribed for three shares of Sixteen of which the number is to Consist. The Allusion in my letter to the Secretary to the source from whence the Commissions are to Come, is to the Prefect, And after obtaining certain information on this subject I will make further representations and will keep a watchful Eye that nothing shall be clandestinely done by which our Citizens & Commerce can be injured without making the most effectual attempts to prevent it. Whatever further may occur I will advise you of without delay that if necessary measures may be taken at home more efficacious than my means or situation will permit me to make use of. I have the Honor to Remain Sir Your most obedient & most humble Servant
Daniel Clark

   RC and enclosure (DNA: RG 59, CD, New Orleans, vol. 1). RC in a clerk’s hand, signed by Clark; docketed by Wagner. For enclosure, see n. 1.

   Clark enclosed a copy of his letter to Andrés López Armesto, secretary of the government of Louisiana, dated 6 Sept. 1803 (2 pp.), requesting that he investigate the report that the schooner Coquette was to be armed and commissioned as a privateer.


Title: To James Madison from Daniel Clark, 8 September 1803 (Abstract)
From: Clark, Daniel
To: Madison, James

8 September 1803, New Orleans. Encloses answers to the president’s queries, except the eighth. Hopes to send this last “by next Week’s Post,” after obtaining further information. Has been delayed by the “difficulty of obtaining official details, of comparing, translating and afterwards arranging” the material. Was forced to obtain the information “piece meal” and to translate it himself, “even to the Customhouse Statements.” Was “obliged to copy the whole” himself, because the copyist he had employed was discovered to have leaked a document to a newspaper in Philadelphia. “I can only assure you with respect to the information & details now given that they are the most correct & the best I could procure.” Sends a duplicate to Dunbar, “that he may add his remarks thereon for your further information.” “I have not yet heard from him in answer to what I wrote him on the subject.”

   RC (DNA: RG 59, CD, New Orleans, vol. 1); enclosure (DNA: RG 59, TP, Orleans, vol. 2). RC 2 pp. Printed in Carter, Territorial Papers, Orleans, 9:28. For enclosure, see n. 1.

   The enclosure (34 pp.; printed in Carter, Territorial Papers, Orleans, 9:29–47) was a series of replies to queries about Louisiana sent to Clark by Jefferson in August (see Clark to JM, 26 Aug. 1803, and n. 1). The administration wanted information about the territory’s boundaries, its population, its legal and governmental systems, its economy and financial situation, and the state of its militia.

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


Title: To James Madison from William Thornton, 9 September 1803
From: Thornton, William
To: Madison, James

Dear Sir
City of Washington Sepr. 9th: 1803.
Jason arrived here safely on Tuesday Eveng. and Payne came up the Day after in good Health. Mrs: Dick of Alexandria wrote to my Wife that there was no danger of any Fever, but subsequent Accounts from others differ very materially. It is said that the Fever has taken off several persons very suddenly, and the Inhabitants fly the place from alarm. It is a melancholy reflection that there is little safety in any of our populous Sea-ports, and the prevention of so dreadful a Calamity would be worthy of the Consideration of all the enlightened.
We have Payne with us, and will attend to his Studies, that as little time as possible may be lost by his Absence from School.
We have tried the Horses, and think they will make a very useful pair. Indeed we are pleased with them, and under many obligations for your goodness, & friendly consideration.
Payne writes to his mama, & my wife will not let the opportunity escape of saying many things to her in sincerity & affection. Accept, dear Sir, our best regards and good wishes for your health & prosperity. With great respect Yrs.
William Thornton

   RC (DLC). Docketed by JM.

   This was probably Hannah Harmon Dick, wife of Elisha Cullen Dick, a prominent Alexandria physician and superintendent of quarantine for the city (Gay Montague Moore, Seaport in Virginia: George Washington’s Alexandria [1949; Charlottesville, Va., 1972 reprint], pp. 162–71).


Title: To James Madison from Jacob Wagner, 9 September 1803
From: Wagner, Jacob
To: Madison, James

Sir
Department of State 9 Septr. 1803.
I transmit a copy of the enclosed very important letter from the Spanish Minister, by this mail to Monticello, lest the President might not receive it with the greatest celerity. If I entered into a reflection upon it, it would be that orders have been doubtless issued to the Spanish officers in Louisiana to delay the delivery to France, who, as she has no troops there will therefore be unable to give us possession: but the payment of the purchase money depends upon the possession and in all probability both will be delayed till France becomes disappointed in her pecuniary arrangements and may be inclined to try new expedients.
I have notified the Treasury Department of the contents of Mr. Williams’ letter. The yellow fever is asserted so positively to be at Alexandria, that I have no doubt of the fact. With the greatest respect, Your obed. sevt.
Jacob Wagner
P. S. Mr. Gray not having acknowledged the receipt of the enclosed letter to him and Foster being very importunate seems to render it necessary to be repeated.
The last remittances to London and Amsterdam were calculated to answer the demands of the public service up to and to pay the quarter ending on the 1st. of next month: That we may have time enough to make provision for the ensuing quarter I have drafted a letter and estimate for six months additional supply. I have omitted to insert in it an outfit for Mr. Monroe on his British mission though I take for granted that it will be allowed to him; if so, and you think proper to have it remitted, be pleased to intimate it to me.
J.W.

   RC (DLC). Docketed by JM.

   Yrujo to JM, 4 Sept. 1803.

   Robert Williams to JM, 20 Aug. 1803.

   Enclosure not found, but it was probably JM to Vincent Gray, 6 Apr. 1803, asking the latter to make inquiries into the case of Peter Foster (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:484–85).

   See JM to Gallatin, 9 Sept. 1803.


Title: From James Madison to Albert Gallatin, 9 September 1803 (Abstract)
From: Madison, James
To: Gallatin, Albert

9 September 1803, Department of State. Requests that “remittances may be made to Baring & Co. at London & Willinks & co. at Amsterdam” out of the appropriations stated in the enclosed estimate, which will “answer the demands of the public service” in those places until 1 Apr. 1804.

   Letterbook copy and letterbook copy of enclosure (DNA: RG 59, DL, vol. 14). Letterbook copy 1 p.; copied into the letterbook after 30 Mar. 1805. The estimate (1 p.) included salaries and contingencies for U.S. officials in Madrid, Paris, and London, amounting to $20,757.